Minnesota New Source Review regulations & environmental compliance analysis

Minnesota New Source Review : What you need to know

Governing Law and Regulations

Construction permits: Minnesota Rules (MR) 7007.0150

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Nonattainment new source review (NSR): MR 7007.4000 to 7007.4030 and 40 CFR 52.1225

Nonattainment areas: 40 CFR 81.324

Prevention of Significant Deterioration (PSD): MR 7007.3000, 40 CFR 52.21, and 40 CFR 52.1234

Class I areas: 40 CFR 81.415

Regulatory Agency

Minnesota Pollution Control Agency (MPCA) Industrial Division Air Quality Permit Section

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. As a general rule, no source may construct, modify, reconstruct, or operate an emissions unit, emissions facility, or stationary source in the state without first obtaining an air emissions facility permit from MPCA. New major sources and major modifications are required to comply with the provisions of nonattainment NSR and/or PSD depending on the type and quantity of emissions from the source and the air quality in the area where the source is located.

Minnesota has a county that is in nonattainment with one of the National Ambient Air Quality Standards (NAAQS). The provisions of nonattainment NSR apply to new major sources or major modifications in those areas, while PSD requirements apply to attainment areas. Minnesota has chosen not to develop its own PSD program and submit it to EPA for approval and incorporation into the SIP. Instead, the state has been delegated authority by EPA to administer and enforce the federal PSD requirements. Therefore, Minnesota has adopted and incorporated by reference the current federal PSD standards. See the national section NEW SOURCE REVIEW for more information on the current federal ...

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