[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Proposed Rules]
[Pages 6482-6490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02143]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0839; FRL-10004-92-Region 5]


Air Plan Approval; Minnesota; Revision to the Minnesota State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
a revision to the Minnesota State Implementation Plan (SIP) which 
updates Minnesota's air program rules. The Minnesota Pollution Control 
Agency (MPCA) submitted the request to EPA on November 14, 2018. The 
revision to Minnesota's air quality rules will reflect changes that 
have occurred to the state air program rules since August 10, 2011, and 
updates on actions deferred from previous SIP submittals. EPA is 
proposing to approve the majority of MPCA's submittal, which will 
result in consistent requirements of rules at both the state and 
Federal level.

DATES: Comments must be received on or before March 6, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0839 at http://www.regulations.gov, or via email to 
blakley.pamela@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Environmental 
Scientist, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8512, crispell.emily@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. Review of State Submittal
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. Overview of Revisions Made by Minnesota

    On November 14, 2018 MPCA submitted a SIP revision with numerous 
rule updates. MPCA's submittal includes amendments to rules governing 
air emission permits, the removal of regulations unnecessary for 
Minnesota to attain and maintain the National Ambient Air Quality 
Standards (NAAQS), and the addition of new and previously deferred air 
program rules.
    The following chapters of Minnesota's air program rules have 
undergone changes: Minnesota Rules Chapter 7000 Procedural Rules; 
Chapter 7002 Permit Fees; Chapter 7005 Definitions and Abbreviations; 
Chapter 7007 Permits and Offsets; Chapter 7008 Conditionally Exempt 
Stationary Sources and Conditionally Insignificant Activities; Chapter 
7009 Ambient Air Quality Standards; Chapter 7011 Standards for

[[Page 6483]]

Stationary Sources; Chapter 7017 Monitoring and Testing Requirements; 
and Chapter 7019 Emission Inventory Requirements. All rule changes were 
made under the MPCA's rulemaking authority and underwent appropriate 
public participation procedures as required by state law. EPA proposes 
to approve the majority of revisions to the Minnesota SIP and not take 
action on several revisions.

B. Summary of Relevant Statutes

    Section 110 of the Clean Air Act (CAA), 42 U.S.C. 7410, as amended, 
requires state and local air pollution control agencies to develop and 
submit for EPA approval, SIPs that provide for the attainment, 
maintenance, and enforcement of the NAAQS in each air quality control 
region (or portion thereof) within each state. Section 110(l) of the 
CAA states that a SIP revision cannot be approved if the revision would 
interfere with any applicable requirements concerning attainment and 
reasonable further progress toward attainment of a NAAQS or any other 
applicable requirement of the CAA.
    Section 110(a)(2)(C) of the CAA requires that each SIP include a 
program to provide for the regulation of construction and modification 
of stationary sources as necessary to assure that the NAAQS are 
achieved. Specific elements for an approvable construction permitting 
plan are found in the implementing regulations at 40 CFR 51 subpart I--
Review of New Sources and Modifications. Requirements relevant to minor 
construction programs are 40 CFR 51.160--51.163. EPA regulations have 
several specific criteria for state minor new source review (NSR) 
programs. Generally, state programs must set forth legally enforceable 
procedures that allow the state to determine if a planned construction 
activity would result in a violation of the state's SIP or a national 
standard and prevent any activity that would. In accordance with 40 CFR 
51.162, the state plan must identify the responsible agency for making 
permitting decisions. 40 CFR 51.160 requires that the plan identify the 
types and sizes of facilities and installations that are subject to 
review under the plan, provide that sources undertaking an activity 
submit adequate information regarding the location, design and emission 
related information to enable the state to make a determination, and 
discuss the air quality data and dispersion or other air quality 
modeling used. 40 CFR 51.161 provides specific criteria for public 
availability of information and opportunity for public comment. 
Finally, 40 CFR 51.164 requires that the plan identify the 
administrative procedures that will be followed in making permitting 
decisions.
    The revisions to the Minnesota SIP are intended to recodify, refine 
and update the Minnesota SIP, at 40 CFR 52.1220. This SIP revision 
addresses the requirements of section 110(a) of the CAA.

II. Review of State Submittal

A. Administrative Changes

    As part of the submittal, several Minnesota rules (Minn. R.) 
included administrative changes. These changes consist of updated or 
corrected citations to the referenced rules, updated control equipment 
codes, removal of duplicative or outdated references, spelling or 
grammar corrections, and minor language changes, all which have no 
impact on the substance of the rule. EPA proposes to approve the 
administrative changes and corrections into the Minnesota SIP.

B. Chapter 7000: Procedural Rules and Minnesota Statute 116.11

    Chapter 7000 contains procedural rules regarding Minnesota's air 
program. Changes to Chapter 7000 include the addition of Minn. R. 
7000.5000 which outlines MPCA's declaration of emergency authority. In 
the submittal, Minnesota requested the addition of both Minn. R. 
7000.5000 and Minnesota Statute (Minn. Stat.) 116.11, which pertain to 
the declaration of emergency and emergency powers. Minn. Stat. 116.11 
provides emergency powers to MPCA, which are further discussed in Minn. 
R. 7000.5000. Specifically, these regulations allow the Agency to 
``direct the immediate discontinuance or abatement of the pollution 
without notice and without a hearing or at the request of the agency, 
the attorney general may bring an action in the name of the state in 
the appropriate district court for a temporary restraining order to 
immediately abate or prevent the pollution.'' MPCA added Minn. Stat. 
116.11 and Minn. R. 7000.5000 and retained Minn. R.7009.1000 through 
7009.1110, as these rules provide specific actions and contingency 
measures during air pollution alerts that are required by CAA section 
110(a)(2)(G). EPA proposes to approve the addition of Minn. R. 
7000.5000 and Minn. Stat. 116.11 into the Minnesota SIP.

C. Chapter 7002: Permit Fees

    Chapter 7002 contains rules related to permit fees. MPCA amended 
Minn. R. 7002.0005, which describes the general scope of permit fees, 
and Minn. R. 7002.0015, which contains definitions for terms used 
throughout Chapter 7002, to remove references to state rules that have 
been repealed, and to clarify terms related to permit fees. EPA 
proposes to approve these administrative revisions to Minn. R. 
7002.0005 and 7002.0015 into the Minnesota SIP.

D. Chapter 7005: Definitions and Abbreviations

    Chapter 7005 contains numerous definitions and abbreviations 
relevant to rules throughout the Minnesota SIP. In Chapter 7005, MPCA 
amended several definitions in Minn. R. 7005.0100, to define new terms, 
clarify definitions, and re-number definitions. EPA finds these 
revisions approvable because they provide clarity to terms used in 
various rules throughout the SIP and do not change the requirements of 
the rules themselves. EPA proposes to approve the revisions to Minn. R. 
7005.0100 into the Minnesota SIP

E. Chapter 7007: Permits and Offsets

    Chapter 7007 contains rules concerning permits and offsets and has 
undergone various changes. Note that because Chapter 7007 combines the 
state's preconstruction and operating permit programs into a single 
permitting program, MPCA uses the broad term Part 70 permit to 
reference several types of permits, including some permits that 
authorize construction. However, this rulemaking is limited solely to 
approval of revisions to the state's preconstruction permitting program 
and federally enforceable state operating permit program. This is not a 
rulemaking under 40 CFR part 70.
1. Air Emission Permits
    MPCA revised language in Chapter 7007, to clarify air emission 
permit requirements. MPCA amended Minn. R. 7007.0050 to clarify the 
scope of the air emission permit rules and the requirements to which 
the owners and operators of stationary sources are subject. EPA finds 
these revisions approvable as they do not change the applicability of 
the rule and strengthen the requirements. EPA proposes to approve the 
revisions to Minn. R. 7007.0050 in the Minnesota SIP.
    Minn. R. 7007.0100 has been revised to contain definitions and 
references to other Federal requirements. EPA proposes to approve the 
revisions to Minn. R. 7007.0100, with the exception of subparts 9b 
through 9f, 12c, 24a, and 24b (See Section M. Items EPA is Not Taking 
Acting On) into the Minnesota SIP. EPA finds these added and revised 
definitions approvable as they clarify terms used throughout the rules

[[Page 6484]]

concerning air emission permits, and do not change the requirements of 
the rules.
    Minn. R. 7007.0250 has been revised to include administrative 
changes and the addition of a capped permit option for sources required 
to obtain a state permit opting to limit their emissions to under the 
threshold of the part 70 permit. Minn. R. 7007.0300 has been revised to 
identify sources that are not required to obtain a permit, with 
administrative changes and to limit the scope of sources not required 
to obtain a permit. EPA finds these revisions approvable as they add 
requirements to align the rules with Federal permitting requirements, 
and do not relax any previously approved SIP provisions. EPA proposes 
to approve the revisions to Minn. R. 7007.0250, and 7007.0300 into the 
Minnesota SIP.
    Minn. R. 7007.0350 has been revised to contain updated definitions 
and the removal of references to repealed rules. EPA finds these 
revisions approvable as they provide clarity and do not change the 
stringency of the rule. EPA proposes to approve the revisions to Minn. 
R. 7007.0350 into the Minnesota SIP.
    Minn. R. 7007.0400 has been revised to include the addition of a 
new subpart 5 which establishes the timeframe for the owner or operator 
to submit an application if a new regulation would make a stationary 
source subject to part 70 or a state permit. EPA finds these revisions 
approvable as they strengthen current requirements in the SIP. EPA 
proposes to approve the revisions to Minn. R. 7007.0400 into the 
Minnesota SIP.
    Minn. R. 7007.0650 has been revised to include changes to the 
electronic permit application process and removes references to 
outdated submittal methods. Minor language changes were also made to 
Minn. R. 7007.0600 and 7007.0700. EPA finds these revisions approvable 
as they do not change the substance of the rules. EPA proposes to 
approve the revisions to Minn. R. 7007.0600, 7007.0650, and 7007.0700 
into the Minnesota SIP.
    Minn. R. 7007.0750 has been revised to include a clarification that 
part 70 permits are applicable for operation, not construction, and 
corrects language surrounding MPCA's two-step air permit issuance 
process to be consistent with Federal rules. EPA proposes to approve 
the revisions to Minn. R. 7007.0750 Subparts 1 through 7 into the 
Minnesota SIP.
    Minn. R. 7007.0800 has been revised to confirm the required permit 
content for Part 70 permits, including requirements for emission 
limitations and standards and permit deviation reporting. MPCA 
reorganized this section and provided clarifying language to subparts 
2, 4, 5, 6, 7, 10, 11, 12, and 14. EPA finds these revisions approvable 
as they make the rule consistent with the requirements at 40 CFR 
70.6(a)(1). EPA proposes to approve the revisions to Minn. R. 7007.0800 
into the Minnesota SIP.
    Minn. R. 7007.0850 subpart 3 has been revised to include a process 
to petition for meetings and hearings, and a changing of the word 
``request'' to the phrase ``petition for.'' EPA finds these revisions 
approvable as they are minor wording changes that do not change the 
applicability of the rule. EPA proposes to approve the revisions to 
Minn. R. 7007.0850 into the Minnesota SIP.
    Minn. R. 7007.0950 has been revised to include administrative 
changes, such as renumbering. EPA proposes to approve the updates to 
Minn. R. 7007.0950 into the Minnesota SIP.
    Minn. R. 7007.1000 subpart 1 is reworded to provide clarity for 
permit issuance and denial. MPCA did not make any substantive changes 
to the rule. EPA proposes to approve the revisions to Minn. R. 
7007.1000 into the Minnesota SIP.
    Minn. R. 7007.1050 has been revised to provide the duration of air 
emission permits. EPA proposes to approve the revisions to Minn. R. 
7007.1050 into the Minnesota SIP.
    Minn. R. 7007.1100 has been revised to provide a path forward for 
sources that, due to changes to operations or in regulations, 
invalidate the current permit. Minn. R. 7007.1100 now contains four new 
subparts. Subpart 8 provides the process when undergoing a name change 
or a change in ownership. Subpart 9 clarifies the requirements to 
obtain a new permit prior to commencing the modification that will 
invalidate the current permit. Subpart 10 provides the process for a 
source that becomes subject to a new regulation, invalidating the 
current permit. The amendment provides timeframes for the source to 
contact the commissioner regarding the new regulation and the new 
permit application, which the source must submit within 180 days of the 
new regulation's effective date. Further, if a source does not submit a 
new permit application within the timeframes specified in Minn. R. 
7007.1100, the source will not hold a valid permit and will be in 
violation of Minn. R. 7007.0150, subpart 1. Subpart 11 cites Minn. R. 
7007.1150 to 7007.1250, and Minn. R. 7007.1350 to 7007.1500, as rules 
that do not apply to certain general permits which cover an entire 
stationary source. EPA finds these revisions approvable as they 
strengthen MPCA's permitting rules to ensure continued compliance. EPA 
proposes to approve the revisions to Minn. R. 7007.1100 into the 
Minnesota SIP.
    MPCA made various changes to its registration permit rules. 
Registration permits allow sources with low levels of actual emissions 
greater flexibility to make changes, provided they can demonstrate 
continued eligibility for a registration permit. In addition to 
requiring eligible sources to comply with all applicable state or 
Federal regulations, the rule includes specific compliance requirements 
for each registration permit option.
    Minn. R. 7007.1110 has been revised to provide general requirements 
for registration permits. MPCA added to the categories of new source 
performance standards for which sources remain eligible for 
registration permits. These include 40 CFR, part 60, subpart I, hot mix 
asphalt facilities; subpart GG, stationary gas turbines; subpart IIII, 
stationary compression ignition internal combustion engines with 
displacement less than 30 liters per cylinder; and, subpart JJJJ, 
stationary spark ignition combustion engines. Minn. R. 7007.1110 has 
been revised to specify the calculation methodology to demonstrate 
compliance with registration permit option C or D, when there is less 
than 12 months of emissions data available and provides procedures and 
allotted timeframes when a stationary source is no longer eligible for 
a registration permit. Minn. R. 7007.1110 has been revised to address 
requirements for sources holding a registration permit when a change in 
ownership or control occurs, or when the source relocates. EPA finds 
these revisions approvable as they add additional requirements a source 
must comply with in order to receive a registration permit. EPA 
proposes to approve the revisions to Minn. R. 7007.1110 into the 
Minnesota SIP.
    MPCA updated registration permit options A and B. Minn. R. 
7007.1115 registration permit option A has been revised to include 
minor clarifications and corrections. Minn. R. 7007.1120 registration 
permit option B has been revised to include the addition of subpart 4, 
which describes the calculation method for volatile organic compounds 
(VOCs). EPA finds these revisions approvable as they clarify the rule 
language and do not change the substance of the rule. EPA proposes to 
approve the revisions to Minn. R. 7007.1115 and 7007.1120 into the 
Minnesota SIP.
    Minn. R. 7007.1125 was added to describe the requirements for 
sources to obtain a new registration permit option

[[Page 6485]]

C. Option C is intended for sources consisting only of boilers, 
reciprocating internal combustion engines, and/or emissions from VOC-
containing materials, and which meet additional limiting criteria. The 
rule also excludes from eligibility any source that uses or generates 
nitrous oxide (NOX) other than from combustion units and 
insignificant activities, and any source that uses or generates 
hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride other than 
from insignificant activities.
    The SIP revision includes methods for calculating emissions from 
boilers, internal combustion engines and the use of VOC-containing 
materials. The rule also includes emission factors and calculations to 
be used to determine eligibility and compliance under option C. 
Further, it adds instructions for sources that may no longer qualify 
for a registration permit due to regulatory changes.
    Minn. R. 7007.1130 has been revised to add compliance requirements 
for registration permit option D sources. A source is eligible for a 
registration permit option D if it has the potential to emit pollutants 
at levels exceeding a state or Federal threshold but reduces emissions 
by using pollution control equipment, or some other measure, so that 
the annual actual emissions for each pollutant are less than half the 
Federal permit threshold. Sources can demonstrate that actual emissions 
are below the thresholds with actual emissions calculations based on 
emission factors, performance tests, continuous emission monitoring and 
material balance methodology. Additionally, MPCA updated the 
registration permit option D by adding another eligible category of 
sources--low-emitting option D sources. MPCA did not change existing 
emissions thresholds under option D.
    EPA proposes to find that the addition of Minn. R. 7007.1125 and 
revisions to Minn. R. 7007.1130 are consistent with CAA section 110(l) 
as these changes do not relax any previously approved SIP provision. 
Limitations are created in Minn. R. 7007.1125 and 7007.1130 that are 
equivalent to the types of limits that would have been established in 
an individual permit. Due to the low levels of actual emissions from 
these sources, EPA believes that the SIP revision will not interfere 
with attainment and maintenance of the NAAQS. EPA proposes to approve 
the addition of Minn. R. 7007.1125 and revisions to Minn. R. 7007.1130 
into the Minnesota SIP.
    MPCA added the following rules which pertain to capped permit 
option requirements: Minn. R. 7007.1140, 7007.1141, 7007.1142, 
7007.1143, 7007.1144, 7007.1145, 7007.1146, 7007.1147, and 7007.1148. 
Minnesota's capped emission permit option is a rule-based permit in 
which all requirements are contained in a rule rather than a site-
specific permit document. The capped permit restricts a facility's 
emissions below Federal permitting thresholds and requires the facility 
to comply with all applicable requirements. The capped permit allows 
the facility to make changes as long as emissions remain below the 
facility-wide thresholds and the facility is able to demonstrate 
continued compliance with all requirements. The capped permit was 
created to help reduce the permit backlog for small and medium-size 
sources that do not qualify for Minnesota's registration permits, to 
create incentives to reduce emissions to qualify for the capped permit, 
and to reduce administrative costs related to permitting for facilities 
and Minnesota.
    There are two options available to facilities that choose a capped 
permit. Option 1 is for sources that will include actual emissions from 
all emissions units and insignificant activities, for which emissions 
factors or other calculation methods do not exist. Option 2 is for 
sources that will include actual emissions from all emissions units, 
insignificant activities and conditionally insignificant activities, as 
described in chapter 7008. Option 1 has higher allowable facility-wide 
emission limits than option 2.
    Certain types of sources, however, are not eligible for a capped 
permit, even if their actual emissions fall below the capped permit 
thresholds. The sources that are not eligible for a capped permit are 
listed in Minn. R. 7007.1140, sub-paragraph 2. The rule also outlines 
procedures for sources that no longer meet the eligibility requirements 
of the capped permit option.
    The capped permit option includes a public participation process. 
MPCA must electronically post notice of receipt of an application for a 
capped permit. The notice must identify the name and location of the 
facility to be permitted, the facility's SIC code, information on 
whether the facility is new or existing, a brief description of the 
comment period procedures, and contact information for additional 
information. The public comment period must be at least 30 days. In 
addition, during the public comment period, a contested case hearing on 
the application may be requested. The public participation requirements 
do not apply to applications in which a source is transferring from one 
capped permit option to another or if there is a change in name, 
mailing address, ownership, or control of the stationary source.
    EPA proposes to find that the addition of Minn. R. 7007.1140-
7007.1148 to the SIP is consistent with CAA section 110(l). These 
revisions do not relax any previously approved SIP provision. 
Limitations are created throughout Minn. R. 7007.1140-7007.1148 that 
are equivalent to the types of limits that would have been established 
in an individual permit. Because of the low levels of actual emissions 
from these sources, the SIP revisions are not expected to interfere 
with attainment and maintenance of the NAAQS. EPA proposes to approve 
the addition of Minn. R. 7007.1140-7007.1148 into the Minnesota SIP.
    Minn. R. 7007.1150 has been revised to provide the criteria for a 
source to qualify for a replacement of existing control equipment. The 
replacement control equipment must be listed by MPCA as control 
equipment with sufficient control efficiency. EPA finds these revisions 
approvable as they do not relax the stringency of the rule. EPA 
proposes to approve the revisions to Minn. R. 7007.1150 into the 
Minnesota SIP.
    Minn. R. 7007.1200 has been revised to include subpart 4 which 
describes recordkeeping requirements for calculations required by this 
Minn. R. 7007.1200. EPA finds these revisions approvable as they add 
recordkeeping requirements and do not change the applicability of the 
rule. EPA proposes to approve the revisions to Minn. R. 7007.1200 into 
the Minnesota SIP.
    Minn. R. 7007.1250 subpart 1 has been revised to include only 
emission units and activities listed as insignificant activities in 
Minn. R. 7007.1300 subparts 2 and 3, and to require the permittee to 
initiate an administrative amendment within 30 days if a modification 
triggers new monitoring, recordkeeping, or reporting requirements. EPA 
finds these revisions approvable as they align the rule with Federal 
permitting requirements. EPA proposes to approve the revisions to Minn. 
R. 7007.1250 into the Minnesota SIP.
    EPA proposes to approve the removal of Minn. R. 7007.1251 from the 
Minnesota SIP as it solely contains a table listing hazardous air 
pollutants (HAPs). MPCA added the HAPs table to Minn. R. 7007.1300 
subpart 5. Minn. R. 7007.1300 subpart 2 has been revised to add an 
additional requirement for emissions calculations related to 
insignificant activities to ensure that adequate information is 
provided to

[[Page 6486]]

determine the applicability of the rules for various emissions sources. 
Minn. R. 7007.1300 subpart 3 has been revised to specify and correct 
insignificant activities. Minn. R. 7007.1300 subpart 4 has been revised 
to clarify language for insignificant activities as they relate to the 
initial issuance of part 70 permits. Subpart 4 does not apply to permit 
amendments or reissuance. EPA finds these revisions approvable as they 
add requirements and do not relax the stringency of the rule. EPA 
proposes to approve the revisions to Minn. R. 7007.1300 into the 
Minnesota SIP.
    Minn. R. 7007.1400 subpart 1 (D) has been revised to clarify 
situations where certain monitoring, recordkeeping, or reporting 
requirements are no longer applicable. Minn. R. 7007.1400 subpart 1 (H) 
has been revised to allow an administrative amendment to extend a 
testing deadline in a permit if the extension is needed to allow the 
permittee to test at worst case conditions. Minn. R. 7007.1400 subpart 
1 has been revised to add include subparts I, J, and H which amend 
permit administrative requirements. EPA finds these revisions 
approvable as they make the rule consistent with 40 CFR 70.7(d) and 40 
CFR part 63 and part C requirements. EPA proposes to approve the 
revisions to Minn. R. 7007.1400 into the Minnesota SIP.
    Both Minn. R. 7007.1450 and 7007.1500 have been revised to clarify 
the differences between requirements of minor and major permit 
amendments. Minn. R. 7007.1500 has been revised to clarify what changes 
may be made by major permit amendment to make the rule compliant with 
Federal permitting requirements. EPA proposes to approve the revisions 
to Minn. R. 7007.1450 and 7007.1500 into the Minnesota SIP.
    Minn. R. 7007.1600 has been revised to require that a permittee 
submit a permit application when additional Federal requirements become 
applicable to a stationary source with a remaining permit term of three 
or more years or with a non expiring permit. EPA finds these revisions 
approvable as they make the rule consistent with Federal part 70 rule 
requirements. EPA proposes to approve the revisions to Minn. R. 
7007.1600 into the Minnesota SIP.
2. Miscellaneous
    Several miscellaneous changes were made to Minn. R. 7007.4010-
7007.5000. Minn. R. 7007.4010 has been revised to remove obsolete 
definitions of terms no longer used in Minn. R. 7007.4000 to 7007.4030. 
The conditions for permit at Minn. R. 7007.4020 was updated to add a 
reference to appendix S, part (II), section (A). Minn. R. 7007.5000 has 
been revised to incorporate by reference the Federal guidelines for 
Best Available Retrofit Technology (BART) and describes the 
requirements for BART determination and implementation. EPA proposes to 
approve the revisions to Minn. R. 7007.4010-7007.4020 and the addition 
of Minn. R. 7007.5000 into the Minnesota SIP.

F. Chapter 7008: Conditionally Exempt Stationary Sources and 
Conditionally Insignificant Activities

    MPCA promulgated Chapter 7008 rules to streamline and simplify 
Minnesota's air quality permitting program. The addition of Chapter 
7008 establishes conditions under which sources are exempt from the 
requirement to apply for and obtain an air emission permit. Chapter 
7008 also establishes the conditions under which certain activities 
will qualify as insignificant activities. The sources that may qualify 
as conditionally exempt include gasoline service stations and concrete 
manufacturing plants that have throughput and production limited to 
below thresholds outlined in the rule. In addition, material usage in 
coating and cleaning operations could be exempted from permitting 
requirements if usage remains below thresholds for VOC and particulate 
matter (PM). The rule cannot apply to any material activity with lead 
as a component. PM and particulate matter 10 micrometers and smaller 
(PM10) emitting operations that vent inside a building may 
also qualify as conditionally insignificant activities. Activities such 
as buffing, polishing, carving, cutting, drilling, machining, routing, 
sanding, sawing, surface grinding or turning equipment must be filtered 
through an air cleaning system and vented inside the building at all 
times in order to be considered insignificant activities. Chapter 7008 
requires sources who claim their operations are conditionally exempt or 
conditionally insignificant to maintain records that demonstrate 
eligibility with the rule.
    The minor NSR provisions at 40 CFR 51.160 require state programs to 
determine if activities would violate an applicable SIP or national 
standard and to prevent construction of an activity that would violate 
an applicable SIP provision or national standard. Minnesota Rule 7008 
exempts certain eligible stationary sources from air permitting 
requirements. When determining adequacy of state rules, EPA is 
concerned with the possibility that an exemption might allow an 
activity that should be subject to major source permitting requirements 
to escape appropriate review and permitting, that sources are required 
to maintain information adequate for the state to ensure that 
exemptions have been applied appropriately, and that the exemptions 
would not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA.
    Minnesota Chapter 7008 provides limitations on the use of the 
specific exemptions in Minn. R. 7008.0050-7008.4100 and requires 
sources using the exemptions to maintain certain records to demonstrate 
that the exemptions have been applied appropriately. Specific 
conditionally exempt sources and conditionally insignificant sources 
may be required to implement additional monitoring and recordkeeping as 
required to ensure that the equipment is operating as required under 
the exemption.
    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
toward attainment of a NAAQS or any other applicable requirement of the 
CAA. These conditionally exempt sources or conditionally insignificant 
activities are expected to yield very low levels of actual emissions of 
regulated pollutants and are not expected to interfere with attainment 
and maintenance of the NAAQS. EPA proposes to approve the addition of 
Minn. R. 7008.0050, 7008.0100, 7008.0200, 7008.0300, 7008.2000, 
7008.2100, 7008.2200, 7008.2250, 7008.4000, 7008.4100, and 7008.4110 
into the Minnesota SIP.

G. Chapter 7009: Ambient Air Quality Standards

    Chapter 7009 contains rules concerning ambient air quality 
standards, air pollution episodes, and adoption of Federal regulations. 
Changes to Chapter 7009 include amendments to Minn. R. 7009.0010, 
7009.0020, and 7009.1060, the addition of Minn. R. 7009.0090, and the 
removal of Minn. R. 7009.0060-7009.0080. EPA proposes to approve the 
revisions to Chapter 7009 into the Minnesota SIP.
1. Ambient Air Quality Standards
    MPCA amended two rules, Minn. R. 7009.0010 and 7009.0020, which 
pertain to ambient air quality standards. Minn. R. 7009.0010 has been 
revised to define terms related to ambient air quality standards used 
throughout Chapter 7009. Minn. R. 7009.0010 has been revised to add 
three definitions for the terms ``averaging time'', ``form of the 
standard'', and ``total suspended

[[Page 6487]]

particulate''. EPA finds the addition of these definitions approvable 
as they are in line with Federal definitions of these terms and do not 
lessen the stringency of the rules to which they apply. Minn. R. 
7009.0020 has been revised to apply specifically to the Minnesota 
Ambient Air Quality Standards (MAAQS) and to align the rule with the 
Federal definition of ambient air. EPA proposes to approve the 
revisions to Minn. R. 7009.0010 and 7009.0020 into the Minnesota SIP.
    MPCA removed several rules under Chapter 7009 as they were either 
not NAAQS related or no longer relevant. Minn. R. 7009.0060 solely 
described a measurement methodology for hydrogen sulfide, which is not 
considered to be a criteria pollutant. Therefore, the removal of Minn. 
R. 7009.0060 from Minnesota's SIP will not impact Minnesota's ability 
to attain or maintain the NAAQS. Minn. R. 7009.0070 referred to the 
time of compliance for attaining the ozone and sulfur dioxide 
(SO2) standards by 1984. MPCA removed this rule because it 
is outdated and unnecessary. Compliance dates for NAAQS pollutants are 
set during the NAAQS revision process. Minnesota is also currently 
attaining and maintaining the NAAQS for ozone and SO2. 
Minnesota requested that Minn. R. 7009.0080, Minnesota Ambient Air 
Quality Standards, be removed and replaced with Minn. R. 7009.0090. 
Minn. R. 7009.0080 contains a table of the MAAQS which are tracked at 
the state level. Minn. R. 7009.0090 incorporates by reference the NAAQS 
for SO2, PM10, PM2.5, carbon monoxide 
(CO), ozone, nitrogen dioxide, and lead as amended. Adding Minn. R. 
7009.0090 will improve enforceability of the NAAQS and ensure that data 
for those pollutants is collected. EPA proposes to approve the removal 
of Minn. R. 7009.0060-7009.0080 and the addition of Minn. R. 7009.0090.
2. Air Pollution Episodes
    Minn. R. 7009.1060 has been revised to include the episode levels 
for PM10 24-hour average, to add significant harm levels for 
1-hour and 4-hour CO averaging times, and to remove the episode levels 
for ``SO2 x Part'', all in the table containing alert levels 
related to declaration of emergency. These revisions of Minn. R. 
7009.1060 meet the requirements of CAA section 110(l) because the 
revised episode levels are stricter than the original episode levels. 
The removal of the ``SO2 x Part'' episode levels is 
approvable because Minnesota is retaining separate episode levels for 
SO2 and PM10. EPA proposes to approve the 
revisions to Minn. R. 7009.1060 into Minnesota's SIP.

H. Chapter 7011: Standards for Stationary Sources

    Chapter 7011 contains rules concerning standards for stationary 
sources. MPCA updated various rules throughout chapter 7011. Further, 
MPCA requested the removal of Minn. R. 7011.0725 and 7011.1415.
    In the following rules, MPCA updated control equipment codes due to 
irrelevance or unnecessary state duplication of EPA control equipment 
codes: Minn. R. 7011.0070 and 7011.0080. EPA proposes to approve the 
revisions to Minn. R. 7011.0070 and 7011.0080 into the Minnesota SIP.
    The following rules underwent minor language changes such as 
changing the word ``shall'' to ``must'' or ``which'' to ``that'': Minn. 
R. 7011.0065, 7011.0080, 7011.0510, 7011.0515, 7011.0530, 7011.0535, 
7011.0610, 7011.0615, 7011.0620, 7011.0710, 7011.1105, 7011.1115, 
7011.1135, 7011.1305, 7011.1310, 7011.1320, 7011.1405, 7011.1425, 
7017.1080, 7017.1110, and 7017.1170. EPA finds these revisions 
approvable as they are minor language changes that do not affect the 
requirements of the rule. EPA proposes to approve the revised 
aforementioned rules into the Minnesota SIP.
    Minn. R. 7011.0070 and 7017.2060 have been revised for spelling or 
grammar corrections, such as changing the spelling of ``condensible'' 
to ``condensable.'' EPA finds these revisions approvable as they are 
minor language changes that do not affect the requirements of the rule. 
EPA proposes to approve the revisions to Minn. R. 7011.0070 and 
7017.2060 into the Minnesota SIP.
    Minn. R. 7011.0065 has been revised to define the applicability of 
the rules concerning control equipment for stationary sources, and to 
clarify which state rules apply if a change regarding facility control 
equipment triggers a notification requirement under part Minn. R. 
7007.1150, item C, subitem (3). The revision to Minn. R. 7011.0065 will 
assist permittees in determining compliance with notifications sent to 
MPCA and does not affect the applicability of the rule. EPA proposes to 
approve the revisions to Minn. R. 7011.0065 into the Minnesota SIP.
    Minn. R. 7011.0070 has been revised to specify that condensable PM 
refers to both organic and inorganic compounds. EPA finds this revision 
approvable as it is merely a clarification and does not affect the 
applicability of the rule. EPA proposes to approve the revisions to 
Minn. R. 7011.0070 into the Minnesota SIP.
    Several rules underwent minor language changes such as clarifying 
the form of PM being measured. In Minn. R. 7011.0510, 7011.0515, 
7011.0530, 7011. 0610, 7011.0615, 7011.0710, 7011.0715, 7011.0720, 
7011.0905, 7011.1105, 7011.1115, 7011.1130, 7011.1305, 7011.1310, 
7011.1320, 7017.2060, 7011.1425, 7011.1405, 7011.1410, and 7011.1425 
the terms ``filterable'' and/or ``condensable'' were added to clarify 
the form of PM referenced in these rules. Filterable PM is the fraction 
of particles that are solid and captured on a filter in the stack 
sampling procedure, which for indirect heating equipment sources is the 
PM measured with reference Method 5 and, thus, is the fraction of 
particles regulated by this standard. EPA proposes to approve the 
revised aforementioned rules into the Minnesota SIP.
    Minn. R. 7011.0530, 7011.0615, 7011.0720, 7011.1320 and 7011.1425 
have been revised to add the term ``to demonstrate compliance'' to 
clarify the distinction in the forms of PM being measured and the 
subset of data to be used to determine compliance. EPA proposes to 
approve the revisions to Minn. R. 7011.0530, 7011.0615, 7011.0720, 
7011.1320 and 7011.1425 into the Minnesota SIP.
    Minn. R. 7011.0535 has been revised to delete duplicative 
references to Federal reference methods as it is unnecessary to state 
in the state rule test procedures included in the reference methods. 
EPA proposes to approve the revisions to Minn. R. 7011.0535 into the 
Minnesota SIP.
    Minn. R. 7011.0551 and 7011.0625 have been revised to amend 
references to regulatory provisions. EPA finds these revisions 
approvable as they do not change the meaning of the rules or lessen 
their stringency. EPA proposes to approve the revisions to Minn. R. 
7011.0551 and 7011.0625 into the Minnesota SIP.
    Older versions of Minn. R. 7011.0725 set forth an outdated protocol 
developed by MPCA in 1969 for recovering organic condensable material 
samples and determining particulate emissions. Minn. R. 7011.0725 has 
been revised to remove the outdated protocol and replace references to 
the rule with specific instruction to use EPA Method 202 (40 CFR part 
51, appendix M) for performance tests. EPA's Method 202--Dry Impinger 
Method for Determining Condensable Particulate Emissions from 
Stationary Sources provides a test method for measuring condensable 
particulate matter. Replacing references of 7011.0725 with EPA Method 
202 will

[[Page 6488]]

improve consistency and update precision for most emission sources. 
Several rules were amended to incorporate Method 202 for measurement of 
the organic portion of condensable PM, which replaced the procedures in 
Minn. R. 7011.0725. The following rules have been revised to 
incorporate EPA Method 202 for measurement of the organic portion of 
condensable PM: Minn. R. 7011.0615, 7011.0620, 7011.0720, and 
7017.2060. These changes align the rule with Federal methods. EPA 
proposes to approve the removal of Minn. R. 7011.0725 and revisions to 
Minn. R. 7011.0615, 7011.0620, 7011.0720, and 7017.2060 into the 
Minnesota SIP.
    Minn. R. 7011.0620 has been revised to clarify that owners and 
operators may request approval of smaller sampling times or volumes 
when necessitated by process variables or site-specific limitations. 
EPA proposes to approve the revisions to Minn. R. 7011.0620 into the 
Minnesota SIP.
    Minn. R. 7011.1135 subpart 2 has been revised to restrict the 
conditions under which a facility may modify a PM test, by requiring a 
description of site-specific conditions necessitating the test 
modification. These changes align the rule with Federal methods. EPA 
proposes to approve the revisions to Minn. R. 7011.1135 into the 
Minnesota SIP.
    Minn. R. 7011.1201 has been revised to update definitions for waste 
combustors. Updates include rule citation corrections, renumbering 
subparts, removal of obsolete definitions, addition of definitions for 
terms used throughout sections of the SIP such as resinated wood and 
retrofit, and other clarifying language. EPA finds these revisions 
approvable as they do not change the meaning or lessen the stringency 
of the rule. EPA proposes to approve the revisions to Minn. R. 
7011.1201 into the Minnesota SIP.
    Minn. R. 7011.1205 has been revised to update the rule citations to 
also include 7011.1290-7011.1294, since the documents incorporated by 
reference in 7011.1205 are also relevant to these rules. EPA proposes 
to approve the revisions to Minn. R. 7011.1205 into the Minnesota SIP.
    Minn. R. 7011.1405 and 7011.1410 have been revised to clarify which 
contain the standards of performance for existing and new affected 
facilities at petroleum refineries. In subpart 2 of Minn. R. 7011.1405 
and 7011.1410, MPCA clarified that flares that are subject to the 
conditions of 40 CFR part 60, subpart Ja, are not subject to the limits 
of this subpart. In subpart 3 of Minn. R. 7011.1405 and 7011.1410, a 
statement was added to clarify that the standards of performance for 
indirect heating equipment in Minn. R. 7011.0500 to 7011.0530, do not 
apply to indirect heating equipment at petroleum refineries, and that 
the standards of performance for indirect heating equipment at 
petroleum refineries is listed in Minn. R. 7011.1405 and 7011.1410 
subpart 3. EPA proposes to approve the revisions to Minn. R. 7011.1405 
and 7011.1410 into the Minnesota SIP.
    MPCA updated the definitions for liquid petroleum and volatile 
organic liquid storage vessels in Minn. R. 7011.1500 to include the 
definition of ``commenced.'' MPCA updated the definitions for sulfuric 
acid plants in Minn. R. 7011.1600 to include a definition for 
``existing sulfuric acid production unit.'' EPA proposes to approve the 
revisions to Minn. R. 7011.1500 and 7011.1600 into the Minnesota SIP.

I. Chapter 7017: Monitoring and Testing Requirements

    Chapter 7017 contains rules regarding monitoring and testing 
requirements. Several updates were made to the rules in Chapter 7017, 
and both Minn. R. 7017.1210 and 7017.2018 were removed and replaced by 
Minn. R. 7017.1215 and 7017.2017 respectively. EPA proposes to approve 
these revisions into the Minnesota SIP.
1. Continuous Monitoring Systems
    Minn. R. 7017.1002 has been revised to include definitions relevant 
to continuous monitoring systems, specifically, for the terms ``grace 
period,'' ``quality assurance operating quarter,'' ``stack operating 
hour,'' and ``unit operating hour.'' EPA finds these revisions 
approvable as they clarify terms used in the SIP and do not change the 
applicability or stringency of the rules. EPA proposes to approve the 
revisions to Minn. R. 7017.1002 into the Minnesota SIP.
    Both Minn. R. 7007.1350 and 7017.1080 have been revised to clarify 
that certification test reports must be submitted in the format 
specified by the commissioner. Minn. R. 7017.1080 has been revised to 
remove subpart 3, the microfiche submittal deadline, as it is outdated 
and has since been repealed by the state. MPCA revised subparts 1-4 of 
Minn. R. 7017.1120. Subpart 1 has been revised to delete the address 
previously listed and require submittal ``in a physical or electronic 
format as specified by the commissioner and to the address identified 
on the required form or as provided by the agency.'' Subpart 2, which 
had specified alternate formats for making submissions, e.g., facsimile 
or CD ROM, has been repealed by the state because MPCA now includes 
electronic format as a standard submission method in other subparts. 
Subpart 3 has been revised to indicate that submittal dates may be 
specified not only in a compliance document but also in a regulation. 
Subpart 4 has been revised to more generally require certification 
statements to be submitted ``in a format specified by the 
commissioner,'' and to delete outdated submission procedures. Minn. R. 
7017.2035 has been revised to remove an outdated submittal option that 
allowed for performance test reports to be submitted as a microfiche. 
EPA proposes to approve the revisions to Minn. R. 7007.1350, 7017.1080, 
7017.1120, and 7017.2035 into the Minnesota SIP.
    Minn. R. 7017.1110 has been revised to add two requirements 
regarding the contents of excess emissions reports. These new 
requirements include a summary of the cylinder gas audit and relative 
accuracy test audit (RATA) required by Minn. R. 7017.1180 and 7017.1220 
if the audits were completed in the previous quarter and if applicable, 
notifications of exceptions of applicability from audit frequencies as 
allowed in Minn. R. 7017.1170, subparts 4a and 5a, and Minn. R. 
7017.1215. EPA finds these revisions approvable as they do not change 
the stringency of the rule. EPA proposes to approve the revisions to 
Minn. R. 7017.1110 into the Minnesota SIP.
    Minn. R. 7017.1170 describes quality assurance and control 
requirements for continuous emissions monitoring systems (CEMS). Minn. 
R. 7017.1170 has been revised to remove subpart 1 and include 1a, which 
states that the quality assurance and control requirements apply to 
each CEMS unless otherwise specified by another applicable standard. 
Minn. R. 7017.1170 subpart 2 has been revised by adding the requirement 
that the quality assurance plan contain the information required by 40 
CFR part 75, appendix B. Minn. R. 7017.1170 subpart 3 has been revised 
by adding a requirement for facilities to conduct daily calibration 
drift assessments and adjustments in accordance with the procedures in 
40 CFR part 75, appendix B, section 2.1. Minn. R. 7017.1170 subpart 4 
has been revised to remove the semiannual cylinder gas audit 
requirements and replaced them with the cylinder gas audit provisions 
of subpart 4a. Subpart 4 incorrectly cited procedures in 40 CFR part 60 
appendix G, section 5.1.2 rather than 4 CFR part 60 appendix F, section 
5.1.2 and contained an obsolete

[[Page 6489]]

compliance date. Subpart 4a requires cylinder gas audits according to 
40 CFR part 60, appendix F, section 5.12, or 40 CFR part 75, appendix 
A, section 6.2, for sources not subject to 40 CFR part 60. It also 
provides a 168-hour grace period if the unit being monitored by the 
CEMS is not in operation when the cylinder gas audit is due. Minn. R. 
7017.1170 has been revised to remove subpart 5 and add subpart 5a which 
contains the RATA requirements. Subpart 5a requires RATAs according to 
40 CFR part 60, appendix B, or 40 CFR part 75, appendix A, sections 6.5 
to 6.5.2.2, and appendix B, sections 2.3.1.3 and 2.3.1.4, as amended. 
Minn. R. 7017.1170 subpart 6 has been revised to add a citation to 40 
CFR part 75, appendix A, section 3.3, as amended. Minn. R. 7017.1170 
has been revised to add subpart 8 which states that data collected 
during out of control periods is not valid and may not be used for 
compliance demonstrations. EPA finds the addition of subpart 8 
approvable as it meets the requirements of 40 CFR part 60, appendix F, 
sections 4.3.2 and 5.2.2. EPA proposes to approve the revisions to 
Minn. R. 7017.1170.
    Minn. R. 7017.1210 includes outdated Continuous Opacity Monitoring 
Systems (COMS) procedures used to demonstrate compliance with New 
Source Performance Standards. Minn. R. 7017.1210 has been revised to 
remove monitoring and testing requirements and replaced it with Minn. 
R. 7017.1215, which incorporates by reference ``Procedure 3--Quality 
Assurance Requirements for Continuous Opacity Monitoring Systems at 
Stationary Sources, Code of Federal Regulations, title 40, part 60, 
Appendix F'', as amended. Replacing Minn. R. 7017.1210 with Minn. R. 
7017.1215 will ensure that MPCA's COMS procedures are up to date and in 
compliance with EPA regulations. EPA proposes to approve the removal of 
Minn. R. 7017.1210 and the addition of Minn. R. 7017.1215 into the 
Minnesota SIP.
2. Performance Tests
    Minn. R. 7017.2001 has been revised to define the applicability for 
performance tests, by removing subpart 2 because it referenced an 
outdated transition period deadline for performance test procedures. 
The deadline passed in 1993 and the transition has been implemented so 
removal of this subpart does not affect Minnesota's air quality 
management program. EPA proposes to approve the revisions to Minn. R. 
7017.2001 into the Minnesota SIP.
    Minn. R. 7017.2018 has been removed and replaced with Minn. R. 
7017.2017 as it provides the current procedure for submittals required 
under Minn. R. 7017.2015 to 7017.2060. Minn. R. 7017.2015 subpart 4 has 
been revised to reflect the repeal of part Minn. R. 7017.2018 and its 
replacement by part Minn. R. 7017.2017. EPA proposes to approve the 
removal of Minn. R. 7017.2018 and the addition of Minn. R. 7017.2017 
into the Minnesota SIP.
    Minn. R. 7017.2025 has been revised to clarify rule language and 
provide rule citations concerning operational requirements and 
limitations. In subpart 3a part C, MPCA revised the language to state 
that for new operating limits and pollution control equipment limits 
not specified in item A or B, the averaging time and any extension of 
the range of values must be defined in the test plan approved under 
Minn. R. 7017.2030, subpart 2. EPA finds this revision approvable as it 
does not change the requirements of the rule and clarifies the test 
plan requirements by citing Minn. R. 7017.2030, subpart 2. EPA proposes 
to approve the revisions to Minn. R. 7017.2025 into the Minnesota SIP.
    Minn. R. 7017.2050 subpart 1 has been revised to clarify that if 
test methods incorporated by reference contain exemptions and 
exclusions that do not meet the requirements of Minn. R. 7017.2001 to 
7017.2060, the exemptions and exclusions do not apply. EPA proposes to 
approve the revisions to Minn. R. 7017.2050 into the Minnesota SIP.
    MPCA made several updates to performance test procedures in Minn. 
R. 7017.2060. MPCA removed language referring to emissions test 
procedures for Federal methods, such as Method 5 Method 202 for 
determining PM emissions, which has been revised to instruct owners and 
operators to use the Federal methods as amended to avoid future 
conflict with state rules if Federal methods are revised. Minn. R. 
7017.2060 subpart 3.B. has been revised to provide clarity on how a 
facility determines PM emissions, which is based on the sum of 
filterable and organic condensable PM unless otherwise required in 
chapter 7011. Minn. R. 7017.2060 subpart 3.C. has been revised to 
clarify that a facility's compliance status is determined by the sum of 
filterable and organic condensable PM. Minn. R. 7017.2060 has been 
revised to add Subpart 3.D. which allows an owner or operator to apply 
to the commissioner to exclude condensable PM from a performance test 
for PM provided that previous performance test results show that the 
emissions unit is not a source of organic condensable PM emissions or 
an exception in Method 202, section 1.4(h), as amended, applies. 
Further, Minn. R. 7017.2060 subpart 3.D. removes the ability of a 
facility owner or operator to use a mass balance calculation as a 
rationale for waiving measurement of condensable PM. Minn. R. 7017.2060 
subpart 4 has been revised to clarify testing requirements for 
PM10 by identifing the test methods used, and how to 
demonstrate compliance with applicable PM10 emission limits. 
Minn. R. 7017.2060 subpart 4 has been revised to allow an owner or 
operator to apply to the commissioner to exclude organic and inorganic 
condensable PM from a performance test for PM10 provided 
that previous performance test results show that the emissions unit is 
not a source of organic or inorganic condensable PM emissions or that 
an exception in Method 202, section 1.4(h), as amended, applies. Minn. 
R. 7017.2060 has been revised to add subpart 4a to establish testing 
requirements for PM2.5, to describe how to demonstrate 
compliance with PM2.5 emission limits. Minn. R. 7017.2060 
subpart 4q will reference Federal rules for Methods 201A and 202, 
establish how to report PM2.5 emissions, and define and 
establish an emission facility's compliance status. Subpart 4a includes 
a provision to allow an owner or operator to apply to the commissioner 
to exclude organic and inorganic condensable PM from a performance test 
for PM2.5 provided that previous performance test results 
show that the emissions unit is not a source of organic or inorganic 
condensable PM emissions or that an exception in Method 202, section 
1.4(h), as amended, applies. EPA proposes to approve the revisions to 
Minn. R. 7017.2060 into the Minnesota SIP.

J. Chapter 7019: Emission Inventory Requirements

    Minn. R. 7019.3020 has been revised to add different types of 
registration permits, including requirements for calendar year actual 
emission reporting for option A registration permits. EPA finds these 
revisions approvable as they add requirements and do not reduce any 
previously SIP approved requirements. EPA proposes to approve the 
revisions to Minn. R. 7019.3020.
    Minn. R. 7019.3030 has been revised to add a mercury material 
balance reference. Minn. R. 7019.3050 has been revised to add the 
performance test requirements for mercury emission sources in Minn. R. 
7019.3050. EPA proposes to approve the revisions to Minn. R. 7019.3030 
and Minn. R. 7019.3050 into the Minnesota SIP.

[[Page 6490]]

K. Chapter 7023: Mobile and Indirect Sources

    No changes were made to Chapter 7023. EPA proposes to reapprove 
Chapter 7023 into the Minnesota SIP.

L. EPA Corrections

    On August 10, 2011 (76 FR 49303), EPA approved the removal of all 
of Chapter 7001 from Minnesota's SIP, however, 40 CFR 52.1220(c) was 
not revised accordingly. EPA proposes to approve and take an 
administrative action to correct the table at 40 CFR 52.1220(c) by 
removing all entries for Chapter 7001.
    In addition to the correction mentioned above, the submittal also 
included corrections to administrative errors contained in the 
Minnesota PM10 designation table at 40 CFR 81.324 to help 
clarify which areas in the state are listed as unclassifiable/
attainment. EPA proposes to approve and take an administrative action 
to correct the table at 40 CFR 81.324.

M. Items EPA Is Not Taking Action On

    EPA proposes to take no action on the definitions at Minn. R. 
7007.0100, subpart 9b through 9f, 12c and 24b. These definitions are 
related to the environmental management system (EMS). Minnesota has not 
submitted the EMS provisions as part of this SIP submittal. Since the 
definitions do not reference provisions in the SIP and MPCA plans to 
remove the EMS conditions from its rules at a later date, EPA proposes 
to take no action on Minn. R. 7007.0100, subpart 9b through 9f, 12c and 
24b.
    The following rules reference an outdated greenhouse threshold for 
carbon dioxide equivalent which is less stringent than the current 
Federal requirement: Minn. R. 7007.0100 subpart 24a, 7007.0150, 
7007.0200, and 7007.0500. EPA proposes to take no action on the 
revisions to Minn. R. 7007.0100 subpart 24a, 7007.0150, 7007.0200, 
7007.0500.
    EPA proposes to take no action on the exemptions MPCA requested to 
remove at Minn. R. 7011.1415 since they refer to exemptions for excess 
emissions resulting from gas flaring at petroleum refineries during 
periods of startup, shutdown, and malfunction. EPA is currently 
deliberating on how to move forward on startup, shut down, and 
malfunction related issues and will take no action on Minn. R. 
7011.1415 in this SIP action. Subsequently, EPA proposes to take no 
action on the revised definitions at Minn. R. 7011.1400 as the revised 
definitions relate to the requested removal of Minn. R. 7011.1415.

III. What action is EPA taking?

    EPA is proposing to approve MPCA's November 14, 2018, submittal as 
a revision to its existing SIP with exception to the definitions at 
Minn. R. 7007.0100, paragraph 9b through 9f, 12c and 24b, Minn. R. 
7011.1400, and Minn. R. 7011.1415, where EPA is taking no action.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference revisions to Minnesota Rules Chapter 7000 Procedural Rules; 
Chapter 7002 Permit Fees; Chapter 7005 Definitions and Abbreviations; 
Chapter 7007 Permits and Offsets; Chapter 7008 Conditionally Exempt 
Stationary Sources and Conditionally Insignificant Activities; Chapter 
7009 Ambient Air Quality Standards; Chapter 7011 Standards for 
Stationary Sources; Chapter 7017 Monitoring and Testing Requirements; 
and Chapter 7019 Emission Inventory Requirements, as discussed in 
section II. ``Review of State Submittal'' above. EPA has made, and will 
continue to make, these documents generally available through 
www.regulations.gov and at the EPA Region 5 Office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 17, 2020.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2020-02143 Filed 2-4-20; 8:45 am]
 BILLING CODE 6560-50-P


