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EPA in Minnesota

Minnesota (Part 63) MACT Standards Delegations

Clean Air Act Section 112 Major and Area Source Standards

EPA's final delegation approval of Section 112 NESHAP standards for Minnesota constitutes a program of straight delegation of all existing and future air toxic standards regardless of a source's Part 70 (Title V) applicability, with the exception of Section 112(r).

Minnesota has the authority to adopt Federal air quality rules simply by referencing the Code of Federal regulations, the Federal register, and other publications deemed appropriate by the revisor of statutes (Minn. Stat. § 14.07, subd. 4). In addition, any subsequent amendments are incorporated by reference without further rulemaking (Minn. Stat. § 645.001; Minn. Stat. § 645.31, subd. 2).

MPCA has been granted delegation authority to implement existing Section 112 standards and EPA will automatically delegate the authority to implement any future Section 112 standards upon the effective date of the promulgated standard. MPCA has been granted delegation authority to enforce for Section 112 standards once the Federal standards have been adopted and incorporated by reference into Minnesota state air quality regulations.

At this time, MPCA has relinquished delegation authority for implementation and enforcement of Section 112 standards for non-part 70 sources (area source).

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