Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Prohibition.
A. No person may
construct, modify, reconstruct, or operate an emissions unit, emission
facility, or stationary source until plans for it have been submitted to the
agency and a written permit for it has been granted by the agency. Exceptions
to the requirement to obtain a permit are located in part
7007.0300. Exceptions to the
requirement to obtain a permit amendment are located in parts
7007.1250 and
7007.1350.
B. Requirements related to greenhouse gases
for the timing to construct modifications are as follows:
(1) if, on July 1, 2011, owners or operators
held a part 70 or state air emission permit or compliance schedule that was
issued before July 1, 2011, and that authorizes or allows a pending
modification, the owners and operators may not begin actual construction of any
modification until the owners and operators assess the emissions of GHGs as
CO2e under Code of Federal Regulations, title 40,
section
52.21;
and
(2) if the permit or compliance
schedule issued before July 1, 2011, does not address the requirements for GHGs
under Code of Federal Regulations, title 40, section
52.21,
and emissions are above the GHG threshold, the owners and operators must submit
a new application and receive a new permit or schedule before construction can
begin.
C. Owners or
operators must retain records on site of the owners' or operators'
determination under item B of CO2e emissions related to
a modification for five years from the date of the calculation or until July 1,
2016, whichever is sooner, if the following conditions apply:
(1) the owners or operators held a permit or
compliance schedule issued before July 1, 2011, that included a pending
modification;
(2) the owners or
operators made calculations of CO2e related to the
pending modification by June 30, 2012; and
(3) the owners and operators did not submit a
new permit application to address GHG emissions from the pending
modification.
D. Items B
and C do not apply to stationary sources that are covered by registration
permits under parts
7007.1110 to
7007.1130 or capped permits under
parts
7007.1140 to
7007.1147.
E. By July 1, 2011, an owner or operator
holding any existing part 70 or state facility permit must calculate whether
the facility's potential to emit greenhouse gases meets or exceeds the permit
threshold for greenhouse gases in part
7007.0200, subpart
2.
(1) If the potential to emit greenhouse gases
as CO2e does not exceed the permit threshold for
greenhouse gases, the owner or operator must retain records of the calculation
on site until January 2, 2016.
(2)
If the potential to emit greenhouse gases as CO2e
exceeds the permit threshold for greenhouse gases, then the owner or operator
must notify the Pollution Control Agency by June 30, 2011, if the facility can
retain its current permit or submit an application by July 1, 2012, to revise
the permit.
Subp.
2.
Permit required.
Part
7007.0200 describes which emission
facilities, emissions units, and stationary sources in Minnesota are required
to obtain a part 70 permit. Part
7007.0250 describes which emission
facilities, emission units, and stationary sources in Minnesota are required to
obtain a state permit. Part
7007.0300 describes emission units
and stationary sources in Minnesota that are not required to obtain a permit.
Part 70 and state permits required in parts
7007.0200 and
7007.0250 may alternately be
obtained in the form of a general permit, if available, under part
7007.1100. Permits may also
alternately be obtained in the form of a registration permit under parts
7007.1110 to
7007.1130, if the stationary
source qualifies under those parts; or in the form of a capped permit under
parts
7007.1140 to
7007.1148, if the stationary
source qualifies under those parts.
Subp. 3.
Environmental policy
act.
The requirements of parts
7007.0100 to
7007.1850 are in addition to the
applicable requirements of Minnesota Statutes, chapter 116D, which may apply
before a permit can be issued.
Subp.
4.
Calculation of potential to emit.
A. For purposes of parts
7007.0200 and
7007.0250, the owners and
operators of a stationary source shall calculate the stationary source's
potential to emit using the definition in part
7005.0100, subpart 35a, except as
provided in subitems (1) to (4).
(1)
Emissions caused by activities described in subpart
2 of the insignificant
activities list in part
7007.1300 shall not be considered
in the calculation of potential emissions.
(2) Emissions caused by activities described
in subpart
3 of the insignificant
activities list in part
7007.1300 shall be considered in
the calculation of potential emissions if required by the agency under part
7007.0500, subpart
2, item C, subitem
(2).
(3) Emissions caused by any
conditionally insignificant activity must be considered in the calculation of
potential emissions if required by the agency under part
7007.0500, subpart
2, item C, subitem
(2).
(4) If a stationary source
consists in part of emissions units that could have qualified as a
conditionally exempt stationary source under chapter 7008 but for the presence
of other noneligible emissions units, potential emissions caused by emissions
from those units may be based on the limits imposed under chapter 7008 provided
that general and technical standards of chapter 7008 are met with regard to
those emissions units.
Calculations of emissions under this subpart are only
intended to determine if a permit is required.
B. To make the determination of whether a
permit is required, the owners and operators of a stationary source shall use
the potential to emit calculation method described in item A. To determine what
type of permit is required, if a permit is required, the control equipment
efficiency determined by part
7011.0070 for listed control
equipment at a stationary source may be used in calculating emissions if the
owner or operator is in compliance with parts
7011.0060 to
7011.0080.
C. When calculating emissions to determine if
a permit amendment is required, the calculation method stated in part
7007.1200 shall be used.
Subp. 5.
Variances from
federal requirements.
The agency shall not issue variances from any federal
requirement to obtain an air quality permit, unless explicitly authorized to do
so in writing by the administrator. Nothing in parts
7007.0100 to
7007.1850 shall allow a variance
from federal applicable requirements as defined in part
7007.0100, subpart 7, items A to
K.