Air Toxics Regulations Rulemaking Feedback - Fall 2024

The MPCA is planning to adopt new rules to implement and govern regulation of facilities that emit air toxics in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County. Find more information on this rule making at MPCA’s Air Toxics Regulations webpage.

As part of the early stages of developing the rules, MPCA is inviting you to provide feedback and would like specific feedback on the following questions within the criteria established in the applicable MN Session Law 2023.

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Please respond to as many questions as you would like; you do not need to answer all of them.

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Question 1 of 15

How much effort do you expect would be required for screening threshold analyses (hours, cost, etc. to calculate air toxics emissions)?

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Question 2 of 15

If you’ve previously completed a risk assessment (AERA), what was the cost range for this work? How much time did it take?

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Question 3 of 15

Would facilities that are over screening thresholds prefer to submit a permit amendment, develop a compliance determination protocol, or both?

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Question 4 of 15

If you work for a facility, what actions would you be willing to take to stay below screening thresholds (move/change stacks, other operational changes, etc.)? Or would you opt to do an AERA instead?

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Question 5 of 15

If you have a registration or general permit, would it be possible to track operating hours for each emissions unit or is it more reasonable to track hours of operation on a total facility level?

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Question 6 of 15

How much time is reasonable to develop an air toxics reduction plan? Eight weeks, six months, or one year? Why?

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Question 7 of 15

How much time is reasonable to comply with an air toxics reduction plan? Why?

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Question 8 of 15

After completing a risk assessment, if a facility cannot comply with an air toxics reduction plan, what are reasonable alternatives?

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Question 9 of 15

What kind of public notices would you like to see required by these rules?
When above screening thresholds and making changes to the facility?
When a risk assessment is completed?
When a risk reduction plan is required?
Other times?

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Question 10 of 15

Should petitions be allowed and if so, what actions should be allowed to be petitioned for? Please share any example you might have.

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Question 11 of 15

How could a screening process be made easier? What support could be helpful?

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Question 12 of 15

According to the statute, the rules must account for any exposure of residents in environmental justice areas to facilities’ air toxic emissions. How do you recommend accomplishing this?

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Question 13 of 15

Should the MPCA limit/regulate air toxics where there are no health risk values established, such as PFAS?

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Question 14 of 15

Are there sources that should be exempt from air toxics rules? If so, what criteria should determine this?

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Question 15 of 15

Any other feedback you would like to share?

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