agency-167•Minnesota Rules — Pollution Control Agency
Minnesota Rules — Pollution Control Agency
agency-167Minn. R. (Pollution Control Agency)Regulation
# Minnesota Rules — Pollution Control Agency
## **Chapter 4760** LEAD ABATEMENT IN SOIL
##### **Minn. R. 4760.0010** [Repealed, 18 SR 827] {#sec-4760.0010 omnilex-key=us-mn-regs-official--agency-167--4760.0010}
[Repealed, 18 SR 827]
##### **Minn. R. 4760.0015** Repealed by subpart {#sec-4760.0015 omnilex-key=us-mn-regs-official--agency-167--4760.0015}
**Subpart 1.**
[Repealed, 18 SR 827]
**Subp. 2.**
[Repealed, 18 SR 827]
**Subp. 3.**
[Repealed, 18 SR 827]
**Subp. 4.**
[Repealed, 18 SR 827]
**Subp. 5.**
[Repealed, 18 SR 827]
**Subp. 6.**
[Repealed, 27 SR 1664]
**Subp. 7.**
[Repealed, 18 SR 827]
**Subp. 8.**
[Renumbered 4761.0200, subp. 13b]
**Subp. 9.**
[Renumbered 4761.0200, subp. 15a]
##### **Minn. R. 4760.0020** [Repealed, 18 SR 827] {#sec-4760.0020 omnilex-key=us-mn-regs-official--agency-167--4760.0020}
[Repealed, 18 SR 827]
##### **Minn. R. 4760.0030** [Repealed, 18 SR 827] {#sec-4760.0030 omnilex-key=us-mn-regs-official--agency-167--4760.0030}
[Repealed, 18 SR 827]
##### **Minn. R. 4760.0035** [Repealed, 27 SR 1664] {#sec-4760.0035 omnilex-key=us-mn-regs-official--agency-167--4760.0035}
[Repealed, 27 SR 1664]
##### **Minn. R. 4760.0040** [Repealed, 18 SR 827] {#sec-4760.0040 omnilex-key=us-mn-regs-official--agency-167--4760.0040}
[Repealed, 18 SR 827]
##### **Minn. R. 4760.0045** [Repealed, 18 SR 827] {#sec-4760.0045 omnilex-key=us-mn-regs-official--agency-167--4760.0045}
[Repealed, 18 SR 827]
##### **Minn. R. 4760.0050** [Repealed, 18 SR 827] {#sec-4760.0050 omnilex-key=us-mn-regs-official--agency-167--4760.0050}
[Repealed, 18 SR 827]
##### **Minn. R. 4760.0500** [Repealed, 18 SR 827] {#sec-4760.0500 omnilex-key=us-mn-regs-official--agency-167--4760.0500}
[Repealed, 18 SR 827]
##### **Minn. R. 4760.0510** Repealed by subpart {#sec-4760.0510 omnilex-key=us-mn-regs-official--agency-167--4760.0510}
**Subpart 1.**
[Repealed, 18 SR 827]
**Subp. 2.**
[Repealed, 18 SR 827]
**Subp. 3.**
[Renumbered 4761.0200, subp. 8a]
**Subp. 4.**
[Repealed, 18 SR 827]
**Subp. 5.**
[Repealed, 18 SR 827]
**Subp. 6.**
[Repealed, 18 SR 827]
**Subp. 7.**
[Repealed, 18 SR 827]
**Subp. 8.**
[Repealed, 18 SR 827]
**Subp. 9.**
[Renumbered 4761.0200, subp. 15c]
##### **Minn. R. 4760.0520** [Repealed, 18 SR 827] {#sec-4760.0520 omnilex-key=us-mn-regs-official--agency-167--4760.0520}
[Repealed, 18 SR 827]
##### **Minn. R. 4760.0530** Repealed by subpart {#sec-4760.0530 omnilex-key=us-mn-regs-official--agency-167--4760.0530}
**Subpart 1.**
[Repealed, 18 SR 827]
**Subp. 2.**
[Renumbered 4761.0780, subp. 2]
**Subp. 3.**
[Renumbered 4761.0780, subp. 3]
##### **Minn. R. 4760.0540** [Repealed, 18 SR 827] {#sec-4760.0540 omnilex-key=us-mn-regs-official--agency-167--4760.0540}
[Repealed, 18 SR 827]
## **Chapter 7000** PROCEDURAL RULES
##### **Minn. R. 7000.0050** Purpose {#sec-7000.0050 omnilex-key=us-mn-regs-official--agency-167--7000.0050}
This chapter describes how the board or commissioner makes decisions and clarifies the authority of both the commissioner and the board as established under Minnesota Statutes, sections 116.02 and 116.03, and how members of the public may involve themselves in board or commissioner decision making. The procedures and standards of conduct established in this chapter are intended to ensure an orderly and fair decision-making process, to preserve the integrity and independence of board or commissioner decisions, and to promote public confidence in those decisions.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 28 SR 1249*
##### **Minn. R. 7000.0075** Division of Authority {#sec-7000.0075 omnilex-key=us-mn-regs-official--agency-167--7000.0075}
The specific authority of the board is found in Minnesota Statutes, section 116.02, subdivision 6. All other responsibilities regarding the agency are within the commissioner's authority, pursuant to Minnesota Statutes, section 116.03, unless the board exercises its authority pursuant to the procedures specified in Minnesota Statutes, section 116.02, subdivision 8.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1249*
##### **Minn. R. 7000.0100** Definitions {#sec-7000.0100 omnilex-key=us-mn-regs-official--agency-167--7000.0100}
**Subpart 1. Scope.**
As used in this chapter the following words shall have the meanings given them.
**Subp. 1a. Administrative law judge.**
"Administrative law judge" means the person assigned by the chief administrative law judge pursuant to Minnesota Statutes, section 14.50, to preside at a rulemaking hearing or contested case hearing.
**Subp. 2. Agency or agency members.**
"Agency" or "agency members" means the Minnesota Pollution Control Agency in general and is used to refer to actions or functions of the Pollution Control Agency that are not necessarily those of the commissioner or board members as individuals.
**Subp. 2a. Board.**
"Board" means the commissioner and eight members appointed by the governor, by and with the advice and consent of the senate as prescribed in Minnesota Statutes, section 116.02, subdivision 1.
**Subp. 2b. Commissioner.**
"Commissioner" means the executive secretary and chief executive officer of the Minnesota Pollution Control Agency as prescribed in Minnesota Statutes, section 116.04.
**Subp. 2c. Contested case.**
"Contested case" has the meaning given in Minnesota Statutes, section 14.02, subdivision 3.
**Subp. 3. Days.**
"Days" means calendar days.
**Subp. 4.**
[Repealed by amendment, L 1987 c 186 s 15]
**Subp. 5. Emergency.**
"Emergency" means imminent and substantial danger to the health and welfare of the people of the state, or any part thereof, as a result of the pollution of air, land, or water.
**Subp. 5a. Interested person.**
"Interested person" means persons who have submitted their names and addresses to the board or the commissioner for inclusion on a board or commissioner list of persons to receive notice concerning a specific board or commissioner matter. Persons can place their names and addresses on a board or commissioner list for a specific matter by:
A. making an oral presentation on the specific board matter at a board meeting and registering their names and addresses with the board or commissioner at that time;
B. submitting to the commissioner a written statement in which they request to be treated as an interested person and in which they provide their names and addresses and identify the specific board or commissioner matter in which they are interested;
C. registering their names and addresses for the purpose of receiving notice of all agency rulemakings pursuant to Minnesota Statutes, section 14.14, subdivision 1a; or
D. being named as a party to a contested case hearing for a specific board or commissioner matter. In addition, for any matter regarding a permit, the permittee is an interested person.
**Subp. 5b. Material issue of fact.**
A "material issue of fact" means a fact question, as distinguished from a policy question, whose resolution could have direct bearing on a final board or commissioner decision.
**Subp. 6.**
[Repealed, 19 SR 1310]
**Subp. 7. Order.**
"Order" means any written command or direction made by the board or the commissioner, as provided by law.
**Subp. 8. Permit.**
"Permit" means every discharge, emission, and disposal authorization, every construction, installation, or operation authorization, and every other board or commissioner authorization designated permit in Minnesota Statutes, chapters 115 and 116, as now in force or hereafter amended, including Minnesota Statutes, sections 115.03, subdivision 1; 115.07; 116.07, subdivision 4, clause (a); 116.081; and 116.091. "Permit" does not include an "order," "variance," or "stipulation agreement" as defined in this part, and does not include a "certification."
**Subp. 9. Person.**
"Person" means any human being, any municipality or other governmental or political subdivision or other public department or agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agency, legal entity, other than a court of law, or any legal representative of any of the foregoing, but does not include the board or the commissioner.
**Subp. 10. Public informational meeting.**
"Public informational meeting" means a meeting called by the board or the commissioner to solicit public comment and statements on a matter before the board or commissioner.
**Subp. 11. Schedule of compliance.**
"Schedule of compliance" means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard.
**Subp. 12. Service; serve; submittal; submit.**
"Service," "serve," "submittal," or "submit" means personal service, service by mail, or service by facsimile as described in items A to C.
A. Personal service upon the board or commissioner is made by handing an item to the commissioner or by delivering the item to the office of the commissioner and leaving it with a person assigned to that office. Personal service upon an interested person or board member is made by handing an item to that person or by delivering the item to the person's last known home or business address and leaving it with a competent person residing or working at that address.
B. Service by mail is made by placing the item in first class United States mail, postage prepaid, addressed to the last known address of the person being served. Service by mail is complete upon depositing the item in the mail. A person may use an overnight delivery service to effect service by mail instead of using United States mail.
C. Service by facsimile is made by telefaxing a document to a person known to have a facsimile machine. Service by facsimile is complete upon receipt of the facsimile. Service by facsimile must be followed by personal service or service by mail within one day after a facsimile service. Upon request, the commissioner will make available the names and service addresses of board members.
**Subp. 13. Stipulation agreement.**
"Stipulation agreement" means any agreement entered into between the commissioner and any person or persons establishing a schedule for compliance with applicable statutes, rules, or standards by designated dates, or otherwise providing for settlement for noncompliance with applicable statutes, rules, or standards.
**Subp. 14. Variance.**
"Variance" means an authorization from the board or commissioner that grants an exemption from the requirements of any rule or standard of the agency and which does not require compliance with the rule or standard for the duration of the authorization. "Variance" does not include permits, stipulation agreements, schedules of compliance, or any modifications thereto, or any order of the board or commissioner which allows interim operation during completion of a compliance program, nor does variance include a time extension of an existing variance.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: L 1984 c 640 s 32; L 1987 c 186 s 15; 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.0200** Computation of Time {#sec-7000.0200 omnilex-key=us-mn-regs-official--agency-167--7000.0200}
In computing any period of time prescribed by this chapter, the day of the last act, event, or default from which the designated period of time begins to run is not included. The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When this chapter requires service within a certain number of days, the term "day" includes weekdays, weekend days, and holidays.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 28 SR 1249*
##### **Minn. R. 7000.0300** Duty of Candor {#sec-7000.0300 omnilex-key=us-mn-regs-official--agency-167--7000.0300}
In all formal or informal negotiations, communications, proceedings, and other dealings between any person and any member, employee, or agent of the board or commissioner, it shall be the duty of each person and each member, employee, or agent of the board or commissioner to act in good faith and with complete truthfulness, accuracy, disclosure, and candor.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 243; 28 SR 1249*
##### **Minn. R. 7000.0400** Officers, Committees, and Duties {#sec-7000.0400 omnilex-key=us-mn-regs-official--agency-167--7000.0400}
**Subpart 1. Officers.**
The officers of the board are the commissioner, who serves as the board chair as prescribed in Minnesota Statutes, section 116.02, subdivision 4, and vice-chair.
**Subp. 2.**
[Repealed, 20 SR 2629]
**Subp. 3. Electing and term of the vice-chair.**
Each year, at its annual meeting, the board shall elect a vice-chair to serve a one-year term. The vice-chair must be elected by a majority of all board members. No member elected to the office of vice-chair may serve in that capacity more than two full terms consecutively.
**Subp. 4. Duties.**
The commissioner shall preside at all board meetings. The vice-chair shall discharge the duties of the commissioner as chair during the absence or disability of the commissioner in carrying out the duties of the chair. The commissioner shall also have the duties prescribed by statute or by rule or delegation of the board.
**Subp. 5. Vacancies.**
If a vacancy occurs in the office of commissioner of the agency and no successor is appointed or no temporary commissioner is available or designated as prescribed in Minnesota Statutes, section 15.06, the vice-chair shall preside and carry out the duties as chair at board meetings. If a permanent vacancy occurs in the office of vice-chair, the board shall, as soon as possible after the permanent vacancy, elect a new vice-chair to fill out the term of the vacated office of vice-chair.
**Subp. 6. Removal.**
The vice-chair may be removed from office by an affirmative vote of two-thirds of all board members. The vote to remove a vice-chair shall be made at the next regular meeting of the board following the meeting at which the removal motion is made.
**Subp. 7. Committees.**
The board may from time to time establish committees of board members as it may deem necessary and desirable to facilitate its work. All committee recommendations shall be duly submitted to the board for appropriate action.
**Subp. 8. Execution of documents.**
Contracts, stipulation agreements, and other documents approved by the board pursuant to law shall be executed on the board's behalf by the commissioner and the vice-chair unless the board authorizes some other form of signing.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: L 1987 c 186 s 15; 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.0500** Board Meetings {#sec-7000.0500 omnilex-key=us-mn-regs-official--agency-167--7000.0500}
**Subpart 1. Regular and annual meetings.**
Twelve regular monthly meetings of the board shall be held each calendar year. The annual meeting, also conducted as a regular meeting, shall be held during the month of July of each year. The date, time, and place of each regular meeting, including the annual meeting, shall be designated by the commissioner. The commissioner may direct that a regular meeting be postponed or advanced to accommodate a state holiday, weather emergency, or scheduling conflicts of board members.
**Subp. 2. Special meetings.**
Upon concluding that a special meeting would assist the board in accomplishing its work or upon receiving a request for a special meeting from three board members, the commissioner shall call a special meeting of the board. The date, time, and place of the special meeting shall be designated by the commissioner. In setting the time and place of a special meeting, the commissioner shall consider the extent to which time is of the essence and whether it would be unreasonable or unfair to interested persons for the board to postpone consideration of the agenda for the special meeting to allow as much notice as would be required for a regular meeting of the board.
**Subp. 3.**
[Repealed, 19 SR 1310]
**Subp. 3a. Committee meetings.**
The committee chair or the commissioner shall call a committee meeting when either concludes that a committee meeting would assist the board in accomplishing its work or upon receiving a request for a committee meeting from a member of the board committee. The date, time, and place of the committee meeting shall be designated by the commissioner after consultation with the committee chair.
**Subp. 3b. Informational meetings.**
Part 7001.0120 addresses informational meetings on permits. For all other matters, the board or commissioner shall call a public informational meeting upon concluding that a public informational meeting would provide the board or commissioner with information that would assist it in accomplishing its work or would otherwise be in the public interest. The date, time, and place of the informational meeting shall be designated by the commissioner.
**Subp. 4.**
[Repealed, 19 SR 1310]
**Subp. 5.**
[Repealed, 19 SR 1310]
**Subp. 6.**
[Repealed, 19 SR 1310]
**Subp. 7.**
[Repealed, 19 SR 1310]
**Subp. 8. Quorum necessary for regular and special meetings.**
A majority of the members of the entire board constitutes a quorum, and a quorum must be present for the transaction of business. A committee meeting or an informational meeting may be held with less than a quorum of the board.
**Subp. 9. Presiding officer.**
The commissioner shall preside at all regular and special meetings of the board. The vice-chair shall preside in the commissioner's absence. If the commissioner and vice-chair are both absent, the remaining members shall designate one of the board members present to preside over the meeting until the commissioner or vice-chair arrives.
**Subp. 10. Adoption of and consideration of matters on board agenda.**
As the first order of business at a regular, special, or committee meeting, the board or committee shall review its proposed agenda, amend or modify it if appropriate, and then adopt it. Thereafter, the board shall act on board matters at the approximate times shown on its adopted agenda. However, by consensus of all board members present, the board may group noncontroversial agenda items or agenda items ministerial in nature for approval by a single board vote.
**Subp. 11.**
[Repealed, 19 SR 1310]
**Subp. 12.**
[Repealed, 19 SR 1310]
**Subp. 13. Open meetings.**
Except as provided by law, all meetings of the board must be open to the public.
**Subp. 14.**
[Repealed, 19 SR 1310]
**Subp. 15.**
[Repealed, 19 SR 1310]
**Subp. 16. Record of meetings.**
The board shall keep full and accurate minutes of all meetings, including a record of all votes of individual board members.
**Subp. 17. Parliamentary procedure.**
Except as specifically provided in this chapter, Robert's Rules of Order, as amended, shall govern any question of parliamentary procedure that may arise at any meeting of the board.
**Subp. 18. Continuation or recess of board meetings.**
The board may continue or recess a board meeting to a later time or date if necessary to allow for the drafting of findings of fact as directed by board members or further discussion or deliberation concerning a matter on a meeting agenda. If a board meeting is continued or recessed and the time, date, and place for reconvening is announced and recorded at the time the meeting is recessed or continued, no further notice of the reconvening is necessary. If the board provided an opportunity for public comments on a specific matter before a meeting is recessed or continued, the commissioner may rule that no further comments will be heard when the meeting is reconvened. However, board members may ask questions of agency staff and interested persons even when no further public comment is to be taken.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 8 SR 243; L 1987 c 186 s 15; 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.0550** Agenda for Board Meetings {#sec-7000.0550 omnilex-key=us-mn-regs-official--agency-167--7000.0550}
**Subpart 1. Agenda items and related written materials.**
No matter may be considered at a board meeting unless it is on the agenda and related written materials have been made available as provided in part 7000.0650.
**Subp. 2. Agenda preparation.**
A. The commissioner shall prepare an agenda for each regular, special, and committee meeting of the board. The agenda shall identify the date and place of the meeting, and the approximate times for considering each item on the agenda. Each agenda must be prepared in sufficient time to allow for notice as specified in this chapter. Each agenda must identify all matters to be considered by the board.
B. A board member may request, pursuant to Minnesota Statutes, section 116.02, subdivision 8, that the commissioner place an item on the agenda. Unless the request is withdrawn, the commissioner shall place the item on the agenda within 45 days after the date the request is made by the board member.
**Subp. 3. Board member notice of meetings.**
The commissioner shall serve on each board member a copy of the proposed agenda for each board meeting, together with the related written materials for the items on the agenda. However, if the related written materials are so voluminous as to make it impractical to serve them on all board members, the commissioner may provide a notice stating that there are additional related written materials for review at the offices of the agency. Service shall be made as described in items A and B.
A. For a regular meeting of the board, service shall be made at least ten days before the meeting.
B. For a special meeting or committee meeting of the board, service by mail shall be made at least six days before the meeting. Personal service or service by facsimile shall be made at least three days before the meeting. However, the notice provisions of this part do not apply to emergencies which are addressed by the board or commissioner under part 7000.5000.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 28 SR 1249*
##### **Minn. R. 7000.0600** [Renumbered 7000.5000] {#sec-7000.0600 omnilex-key=us-mn-regs-official--agency-167--7000.0600}
[Renumbered 7000.5000]
##### **Minn. R. 7000.0650** Public Participation in Board Meetings {#sec-7000.0650 omnilex-key=us-mn-regs-official--agency-167--7000.0650}
**Subpart 1. Public inspection of board meeting agenda and related written materials.**
The agenda and related written materials for board meetings shall be available for public inspection at the central office of the agency as described in items A and B.
A. For regularly scheduled meetings, the agenda and related written materials shall be available at least ten days prior to the regular board meeting.
B. For special or committee meetings, the agenda and related written materials shall be available as soon as possible and, in any event, no later than three days prior to the special or committee meeting. However, the inspection provisions of this part do not apply to emergencies which are addressed by the board or commissioner under part 7000.5000.
**Subp. 2. Service on interested persons.**
The commissioner shall serve on each interested person a copy of the proposed agenda for each board meeting together with a copy of the agenda item prepared by agency staff. If the related written materials for the agenda item are not voluminous, the commissioner shall serve these materials, too. However, if the commissioner finds that the related written materials are so voluminous as to make it impractical for the commissioner to serve them on all interested persons, the commissioner shall serve on interested persons a notice stating that there are additional related written materials for the item in which the person is interested and that these additional related written materials can be viewed at the offices of the agency or can be requested from the board. Service shall be made as described in items A and B.
A. For a regular meeting of the board, service shall be made at least ten days before the meeting.
B. For a special meeting or committee meeting of the board, service by mail shall be made at least six days before the meeting. Personal service or service by facsimile shall be made at least three days before the meeting. However, the notice provisions of this part do not apply to emergencies which are addressed by the board or commissioner under part 7000.5000. The agency does not intend the notice and service requirements of this chapter or any other requirements of this chapter to prevent it from seeking to recover reasonable copying and preparation costs as authorized under Minnesota Statutes, section 13.03, subdivision 3. This subpart does not limit the agency staff from presenting written materials at board meetings as described in subpart 7.
**Subp. 3. Petitions to place matters on a board agenda.**
Any person who wishes to place a matter on the agenda for a board meeting may submit a petition identifying the matter that person would like placed on the agenda and the reasons for placing it on the agenda. The petition must be served on the commissioner by mail at least 24 days before the meeting during which a petitioner would like the matter to be considered or by personal service or facsimile at least 21 days before the meeting. The commissioner shall grant or deny the petition. If the commissioner decides not to place a matter on the agenda, the commissioner shall advise the board and the petitioner of the reasons for the denial.
**Subp. 4. Petition for informational meeting.**
A. Any person may petition the board or commissioner to hold a public informational meeting described in part 7000.0500, subpart 3b. The petition must identify the matter of concern and the reasons the board or commissioner should hold the informational meeting.
B. If the matter involves a permit for which a public notice has been issued under part 7001.0100, subpart 4, or 7007.0850, subpart 2, the petition must be submitted to the commissioner within the comment period established in the public notice and must conform to the requirements of parts 7001.0110 and 7001.0120.
C. If item B does not apply and the matter is not on the agenda for a board meeting, the petition must be submitted to the commissioner. The commissioner shall grant or deny the petition. If the commissioner decides not to hold the meeting, the commissioner shall advise the board and the petitioner of the reasons for the denial.
D. If item B does not apply and the matter is on the agenda for a board meeting, the petition must be submitted to the board in accordance with the time frames for submitting written materials set out in subpart 6. The board shall grant or deny the petition.
**Subp. 5. Oral presentations at board meetings.**
Consistent with the provisions of part 7000.0500, subpart 18, the board shall afford interested persons a reasonable opportunity to make oral statements concerning matters on a board meeting agenda. To ensure an opportunity for full and fair consideration of all views, the commissioner may limit the time and scope of each speaker's presentation and may require speakers with similar views to select a spokesperson. Oral statements must be relevant to the matter before the board. Oral presentations following a rulemaking or contested case hearing must be limited to the record for the matter.
**Subp. 6. Written materials.**
The board shall consider timely, relevant written materials that interested persons submit concerning a matter on an agenda for a board meeting. Recessing or continuing a meeting as provided under part 7000.0500, subpart 18, does not create a new opportunity to submit written comments, unless the commissioner states otherwise and establishes a schedule for submittal of additional written materials. Written statements will be considered timely and relevant only if they meet the following conditions:
A. for matters for which a contested case hearing has been held, written comments must conform to the requirements and time limits of part 7000.2000;
B. for matters for which a rulemaking hearing has been held, written comments must be limited to the record of the rulemaking hearing and must be served on the board at least five days before the board meeting during which the board is scheduled to act on the proposed rules;
C. for matters for which a contested case hearing has not been held but a permit comment period has been established under chapter 7001 or 7007, any additional written permit comments must be served on the board at least five days before the board meeting, and must be limited to permit procedural mistakes or irregularities, errors of law, or newly discovered material issues of fact that could not have been discovered prior to the close of the permit comment period;
D. for all matters, the commissioner may establish a reasonable schedule for submitting written comments. If a schedule is established under this item and the commissioner serves notice of the schedule on interested persons, service is timely if made within the established deadlines; and
E. for all matters except those under items A to D, service is timely as follows:
**Subp. 7. Written presentations at board meetings.**
Notwithstanding the restrictions of subparts 2 and 6, the board shall consider relevant written materials presented by an interested person or by agency staff at a board meeting if such consideration does not prejudice other interested persons and there is reasonable time for the board to consider the materials during the course of the meeting. These materials may include, but are not limited to, materials responsive to relevant information that was not available prior to the established deadlines of subpart 6, written versions or summaries of oral presentations, letters, visual aids, and clarifications or corrections of written materials.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.0700** [Renumbered 7000.7000] {#sec-7000.0700 omnilex-key=us-mn-regs-official--agency-167--7000.0700}
[Renumbered 7000.7000]
##### **Minn. R. 7000.0750** Board Records and Final Decision Making {#sec-7000.0750 omnilex-key=us-mn-regs-official--agency-167--7000.0750}
**Subpart 1. Final decisions of board.**
Final decisions of the board shall be made at regular and special board meetings. No final decisions shall be made on any board matter unless it is on the adopted board agenda at a regular or special meeting.
**Subp. 2. Rulemaking records upon which board makes its decision.**
The record upon which the board shall make a final decision concerning the adoption, amendment, or repeal of a rule consists of the following:
A. the agenda and related materials for a board meeting during which the proposed rule was considered and the minutes, transcripts, and recordings of the meeting;
B. for rules adopted without a public hearing where the board exercises authority pursuant to Minnesota Statutes, section 116.02, subdivision 8, the documents listed in part 1400.2310 and the administrative law judge's written statement of required modifications or disapproval, if any;
C. for rules adopted with a public hearing, the documents listed in parts 1400.2220, 1400.2230, and 1400.2240, including the report of the administrative law judge and the report of the chief administrative law judge, if any; and
D. written comments submitted to the agency as allowed by part 7000.0650, subpart 6, and recordings or transcripts of oral statements as allowed by part 7000.0650, subpart 5.
**Subp. 3. Contested case record upon which board makes its decision.**
The record upon which the board shall make a final decision after a contested case hearing consists of the record as described in part 1400.7400.
**Subp. 4. Record upon which the board makes other decisions.**
The record upon which the board shall make a final decision in all matters other than rulemaking and contested case hearings consists of the following:
A. the agenda and related materials for a board meeting during which the matter was considered and the minutes, transcripts, and recordings of the meeting;
B. relevant written materials submitted to the agency within an established comment period, including requests for an informational meeting and petitions for contested case hearings;
C. written materials submitted to the agency as allowed by part 7000.0650, subpart 6, and recordings or transcripts of oral statements as allowed by part 7000.0650, subpart 5;
D. written documents containing relevant information, data, or materials referenced and relied upon by agency staff in recommending a proposed action or decision; and
E. all other relevant information or material received into the record and considered by the board at a board meeting.
**Subp. 5. Decisions and voting.**
Except as otherwise specifically provided, a majority vote of the entire board is necessary to make any decision. All board members present shall vote or abstain on every matter presented for decision. If the final vote taken on an agenda item does not result in a decision, but half or more of the voting members vote affirmatively, the matter must be placed on the agenda of the next regular monthly meeting or considered at a special meeting, unless the agenda item concerns rescission of a decision as provided in subpart 8. No final decisions of the board shall be made at board committee meetings even if a quorum of the board is present.
**Subp. 6. Board deliberations.**
During board deliberation and consideration of a specific agenda matter, board members may ask questions of agency staff, counsel, or interested persons, and may discuss and amend proposed findings, conclusions, and resolutions or propose alternative findings, conclusions, or resolutions based on the record before the board. As provided in part 7000.0500, subpart 18, the board may decide to continue or recess a meeting with instructions to counsel, agency staff, or interested persons to draft findings consistent with the board's directions. Upon reconvening to consider the findings, the board need not provide an opportunity for additional oral or written comments.
**Subp. 7. Reconsideration of decision.**
Any decision of the board may be reconsidered during the course of the same meeting at which the original decision was made if a board member who voted on the prevailing side makes a motion for reconsideration before the board moves on to its next agenda item or if all interested persons are present and given an opportunity to comment.
**Subp. 8. Rescission of decision.**
Upon placement on the agenda by a board member as provided in part 7000.0550 and upon the affirmative vote of two-thirds of the entire board, any decision of the board or a decision by the commissioner exercised under Minnesota Statutes, section 116.03, may be rescinded as permitted by applicable law.
**Subp. 9. Stay of decision.**
A person may petition for a stay of a board or commissioner decision. Petitions must comply with the requirements of part 7000.2100 relating to timing, serving of a petition, and petition contents. The board's or commissioner's grounds for granting or denying a petition and the board's or commissioner's consideration of the petition are the same as the requirements of part 7000.2100.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.0755** Commissioner's Records and Final Decision Making {#sec-7000.0755 omnilex-key=us-mn-regs-official--agency-167--7000.0755}
**Subpart 1. General.**
The commissioner shall make a final decision in all matters on behalf of the agency, except for those matters that are within the board's specific authority pursuant to Minnesota Statutes, section 116.02, subdivision 6, or those matters where the board has exercised its authority pursuant to Minnesota Statutes, section 116.02, subdivision 8. The record relating to the commissioner's final decisions shall consist of the records described in subparts 2 to 4.
**Subp. 2. Rulemaking records upon which commissioner makes a decision.**
The record upon which the commissioner shall make a final decision concerning the adoption or amendment of a rule where there is no public hearing consists of the documents listed in part 1400.2310 and the administrative law judge's written statement of required modifications or disapproval, if any.
**Subp. 3. Contested case record upon which the commissioner makes a decision.**
The record upon which the commissioner shall make a final decision after a contested case hearing consists of the record as described in part 1400.7400.
**Subp. 4. Record upon which the commissioner makes other decisions.**
The record upon which the commissioner shall make a final decision in all matters other than rulemaking and contested case hearings consists of the following:
A. relevant written materials submitted to the commissioner or agency staff within an established comment period, including requests for an informational meeting and petitions for contested case hearings;
B. written materials submitted to the commissioner or agency staff within a time period established by the commissioner; and
C. written documents containing relevant information, data, or materials referenced and relied upon by agency staff in recommending a proposed action or decision.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1249*
##### **Minn. R. 7000.0800** Stipulation Agreements {#sec-7000.0800 omnilex-key=us-mn-regs-official--agency-167--7000.0800}
**Subpart 1. Data or information.**
Whenever any person or the commissioner proposes that a stipulation agreement be entered into, the person who is proposed as a signer of the stipulation agreement shall furnish such information or data as is deemed essential by the commissioner in making a determination regarding the proposed stipulation agreement.
**Subp. 2. Interim operation.**
The commissioner may, at the commissioner's discretion, provide under the terms of a stipulation agreement for the operation of existing systems pending completion of compliance under the schedule therefor, and under such further conditions as the commissioner may prescribe in the stipulation agreement. Completion of performance under the stipulation agreement shall not relieve any party thereto of any requirement of law or agency rules to apply for all necessary permits or variances.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 28 SR 1249*
##### **Minn. R. 7000.0850** Delegation Procedure {#sec-7000.0850 omnilex-key=us-mn-regs-official--agency-167--7000.0850}
The commissioner may delegate any of the commissioner's powers, duties, and responsibilities as prescribed in Minnesota Statutes, section 116.03, subdivision 2.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.0900** Informal Complaints {#sec-7000.0900 omnilex-key=us-mn-regs-official--agency-167--7000.0900}
Any person may file with the commissioner an informal complaint concerning a pollution source or environmental problem. The informal complaint may be either written or oral and must state the name and address of the person filing the informal complaint, the name and address of the alleged pollution source, and a description of the matter giving rise to the complaint. A person making an oral complaint may be asked to submit the complaint in writing. Upon receipt of this informal complaint, the commissioner shall make such investigation as is deemed necessary and appropriate. At an appropriate time, the commissioner shall notify the person responsible for the alleged pollution source that an informal complaint has been filed. At any time after an informal complaint is filed, the commissioner may take whatever action deemed necessary and appropriate. The person who filed the complaint shall be notified of the disposition of his or her complaint. In all actions taken pursuant to this part, the commissioner shall comply with the provisions of Minnesota Statutes, chapter 13.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: L 1987 c 186 s 15; 19 SR 1310*
##### **Minn. R. 7000.1000** [Renumbered 7000.1750] {#sec-7000.1000 omnilex-key=us-mn-regs-official--agency-167--7000.1000}
[Renumbered 7000.1750]
##### **Minn. R. 7000.1100** [Renumbered 7000.2000] {#sec-7000.1100 omnilex-key=us-mn-regs-official--agency-167--7000.1100}
[Renumbered 7000.2000]
##### **Minn. R. 7000.1200** Inspection of Public Records {#sec-7000.1200 omnilex-key=us-mn-regs-official--agency-167--7000.1200}
All records and data of the agency that are public within the meaning of Minnesota Statutes, chapter 13 and section 116.075, or copies, are available for inspection and copying by any person, Monday through Friday, excluding legal holidays, between the hours of 9:00 a.m. and 4:00 p.m. at the agency offices. No public records shall be removed from agency offices. Any inspection or copying of records or data must be made in the presence of an officer, employee, or agent of the agency. The agency may charge and collect a reasonable fee for the reproduction of any public records.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1249*
##### **Minn. R. 7000.1300** Not Public Information {#sec-7000.1300 omnilex-key=us-mn-regs-official--agency-167--7000.1300}
**Subpart 1. Procedures to affirmatively request the agency maintain data as not public.**
In order to maintain data for the confidential use of the agency, pursuant to Minnesota Statutes, section 116.075, or as nonpublic data not on individuals or private data as it relates to individuals, pursuant to Minnesota Statutes, section 13.37, a person must affirmatively request such recognition by providing to the commissioner a written request setting forth the statutory grounds and the reasons that justify the classification of the records or other information as not public. The commissioner must approve or deny in writing any request to keep records or information as not public. Whenever the commissioner denies a request, the commissioner shall notify the person submitting the request of the denial at least three working days prior to making the records or information available to the public, and provide an opportunity for the person to seek clarification of the classification of the data as provided in Minnesota Statutes, chapter 13. The person submitting the request may withdraw the records or information if such an option is available. The procedures in this subpart apply to any requests to recognize data as not public under statutory grounds not specifically identified in this subpart.
**Subp. 2. Filing.**
All not public data must be appropriately identified and segregated at the offices of the agency.
**Subp. 3. Agency use.**
Not public data may be used by the agency or commissioner in accordance with the Minnesota Government Data Practices Act as prescribed in Minnesota Statutes, section 13.05. Not public data may be used by the agency and agency staff in compiling or publishing analyses or summaries relating to the general condition of the state's water, air, and land resources so long as these analyses or summaries do not identify any person requesting not public data classification.
**Subp. 4. Release authorization.**
Not public data may be released when the agency is specifically authorized to do so by statute.
**Subp. 5.**
[Repealed, 28 SR 1249]
**Subp. 6. Federal law.**
Regardless of whether records or information are classified as not public data, the agency may disclose any information which it is obligated to disclose in order to comply with federal law and regulation, to the extent and for the purposes of such federally required disclosure. Whenever the agency is required to release not public data pursuant to federal law, the commissioner shall notify the requester of this requirement at least three working days prior to making the records or information available to the public. The requester may withdraw this information if such an option is available.
**Subp. 7. Use in contested case hearings.**
Any otherwise admissible evidence containing information classified as not public offered by the commissioner, agency, or a party to the contested case hearing shall be made a part of the hearing record of the case, and the administrative law judge may conduct a closed hearing to discuss the information, issue necessary protective orders, and seal all or part of the hearing record pursuant to Minnesota Statutes, section 14.60.
**Subp. 8. Use in open meetings.**
Pursuant to Minnesota Statutes, section 13D.05, a board meeting may not be closed to discuss data that is classified as not public data, except as expressly authorized by Minnesota Statutes, section 13D.05, subdivisions 2 and 3.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 243; L 1984 c 640 s 32; L 1987 c 186 s 15; 17 SR 1279; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.1400** [Renumbered 7000.9000] {#sec-7000.1400 omnilex-key=us-mn-regs-official--agency-167--7000.1400}
[Renumbered 7000.9000]
##### **Minn. R. 7000.1500** [Repealed, 19 SR 1310] {#sec-7000.1500 omnilex-key=us-mn-regs-official--agency-167--7000.1500}
[Repealed, 19 SR 1310]
##### **Minn. R. 7000.1600** [Repealed, 19 SR 1310] {#sec-7000.1600 omnilex-key=us-mn-regs-official--agency-167--7000.1600}
[Repealed, 19 SR 1310]
##### **Minn. R. 7000.1700** [Repealed, 8 SR 2278] {#sec-7000.1700 omnilex-key=us-mn-regs-official--agency-167--7000.1700}
[Repealed, 8 SR 2278]
##### **Minn. R. 7000.1750** Contested Case Hearings {#sec-7000.1750 omnilex-key=us-mn-regs-official--agency-167--7000.1750}
**Subpart 1. Objectives.**
All contested case hearings required by statute or rule and all contested case hearings ordered by the board or commissioner shall be conducted in accordance with the procedures set forth in the rules of the Office of Administrative Hearings, parts 1400.5200 to 1400.8401, and in accordance with this part. No person's rights, privileges, or duties may be determined without regard for fundamental fairness. To that end, parts 7000.1750 to 7000.2200 are intended to assure that all parties are provided a just and speedy contested case hearing.
**Subp. 2.**
[Repealed, 19 SR 1310]
**Subp. 3.**
[Repealed, 19 SR 1310]
**Subp. 4. Parties.**
For the purpose of this part, "party" means each person named as a party by the board or commissioner in the notice of and order for hearing pursuant to part 1400.5100, subpart 7, or persons granted permission to intervene pursuant to part 1400.6200. The board or commissioner is a party pursuant to part 1400.5100, subpart 7. When a contested case hearing is held pursuant to a petition for a hearing, the persons petitioning for the hearing are parties to the matter. In any hearing on an application for a permit or variance, the applicant is a party. The deputy commissioner is a party in any hearing ordered by the agency. The board may designate any person whose legal rights are affected as a party.
**Subp. 5.**
[Repealed, 19 SR 1310]
**Subp. 6.**
[Repealed, 19 SR 1310]
**Subp. 7. Consolidation.**
The board or commissioner may consolidate two or more matters for which contested case hearings are scheduled and hold a joint hearing if no party objects to the consolidation.
**Subp. 8.**
[Repealed, 19 SR 1310]
**Subp. 9.**
[Repealed, 19 SR 1310]
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 8 SR 243; L 1984 c 640 s 32; L 1987 c 186 s 15; 19 SR 1310; 20 SR 2629; 26 SR 391; 28 SR 1249*
##### **Minn. R. 7000.1800** Petition for Contested Case Hearing {#sec-7000.1800 omnilex-key=us-mn-regs-official--agency-167--7000.1800}
**Subpart 1. Petition for contested case hearing.**
Any person may petition the agency to hold a contested case hearing. To be considered by the agency, a petition must be submitted in writing, must contain the information specified in subpart 2, and must be timely. Timeliness shall be determined as follows:
A. for permit matters, a petition for a contested case hearing must be submitted during the public comment period established under parts 7001.0100 and 7007.0850, except for matters where there is no public comment period, the petition must be submitted according to the procedures in item B. A petition for a contested case hearing shall be untimely if it is submitted after a permit is granted;
B. for matters other than those covered by item A, the commissioner may establish deadlines for persons to petition for a contested case hearing. If the commissioner establishes deadlines to petition for a contested case hearing, petitions for a contested case hearing will be considered timely if they are served on all board members, including the commissioner within the established deadlines; and
C. if item A does not apply and no deadlines are established as provided in item B, a petition for a contested case shall be considered timely as follows:
**Subp. 2. Contested case petition contents.**
A. A petition for a contested case hearing shall include the following information:
B. To the extent known by the petitioner, a petition for a contested case hearing may also include the following information:
C. A petitioner is not bound or limited to the witnesses, materials, or the estimated time identified in the petition if the requested contested case is granted by the board or commissioner.
**Subp. 3. Written responses to petitions for contested case hearings.**
Any person may serve timely responses to a petition for a contested case hearing. Timeliness shall be determined as described in items A and B.
A. If the commissioner has established a schedule as provided in subpart 1, item A or B, responses to a petition for a contested case hearing must be submitted within the deadlines established.
B. If no schedule has been established, responses to a petition for a contested case hearing must be personally served on or sent by facsimile to all board members, including the commissioner, at any time prior to the time at which the matter will be considered by the board or commissioner.
**Subp. 4. Untimely petition for a contested case hearing.**
The commissioner shall deny a petition for a contested case hearing if the petition is not timely served as provided in subpart 1. However, the board or commissioner may consider a petition that is not timely if the petition contains the information listed in subpart 2, and the petitioner demonstrates that the petition could not have been submitted to the agency any earlier because it relies on newly discovered material facts that could not have been discovered until after the petition period ended.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.1900** Criteria to Hold Contested Case Hearing {#sec-7000.1900 omnilex-key=us-mn-regs-official--agency-167--7000.1900}
**Subpart 1. Board or commissioner decision to hold contested case hearing.**
The board or commissioner must grant the petition to hold a contested case hearing or order upon its own motion that a contested case hearing be held if it finds that:
A. there is a material issue of fact in dispute concerning the matter pending before the board or commissioner;
B. the board or commissioner has the jurisdiction to make a determination on the disputed material issue of fact; and
C. there is a reasonable basis underlying the disputed material issue of fact or facts such that the holding of a contested case hearing would allow the introduction of information that would aid the board or commissioner in resolving the disputed facts in making a final decision on the matter.
**Subp. 2. Scope of contested case.**
If the board or commissioner decides to hold a contested case hearing, the board or commissioner shall identify the issues to be resolved and limit the scope and conduct of the hearing in accordance with applicable law, due process, and fundamental fairness. Alternatively, the board or commissioner may request the administrative law judge to identify the issues and determine the appropriate scope and conduct of the hearing in accordance with applicable law, due process, and fundamental fairness.
**Subp. 3. Board or commissioner decision not to hold contested case hearing.**
If the board or commissioner decides not to hold a contested case hearing, the board or commissioner may hold a public informational meeting as provided in part 7000.0550, subpart 4.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 28 SR 1249*
##### **Minn. R. 7000.2000** Final Decisions and Orders in Contested Cases {#sec-7000.2000 omnilex-key=us-mn-regs-official--agency-167--7000.2000}
**Subpart 1. Time for filing comments and exceptions.**
The board or commissioner shall take no final action with respect to a matter for which a contested case hearing has been held for at least ten days after the date of issuance of the administrative law judge's report. Any person may serve written comments on or exceptions to the findings of fact, conclusions, and recommendations of the administrative law judge at any time up to five days prior to the board meeting at which the matter will be considered for final decision by the board. Where the commissioner is to make a final decision, any person may serve upon the commissioner written comments on or exceptions to the findings of fact, conclusions, and recommendations of the administrative law judge. The written comments or exceptions must be submitted to the commissioner within ten days of the issuance of the administrative law judge's report. Any comments and exceptions must be based solely upon the record of the hearing.
**Subp. 2. Service of comments and exceptions.**
Any person who serves written comments on or exceptions to the administrative law judge's report shall serve these comments or exceptions upon each board member, including the commissioner, and upon all parties.
**Subp. 3. Appearance at board meeting.**
Any party may appear at the board meeting at which the matter will be considered for final decision and present oral comments and arguments, limited to evidence in the record, subject to time limitations and conditions that the commissioner prescribes in accordance with part 7000.0650, subpart 5.
**Subp. 4. Board decision.**
The board shall make all final decisions and orders in those matters within its authority for which a contested case hearing has been held. The board's decision or order must be based solely on the record from the hearing. The decision or order must be accompanied by a concise statement of the findings and conclusions upon each contested issue of fact necessary to the decision.
**Subp. 4a. Commissioner decision.**
The commissioner shall make all final decisions and orders in those matters within the authority of the commissioner for which a contested case hearing has been held. The commissioner's decision or order must be based solely on the record from the hearing. The decision or order must be accompanied by a concise statement of the findings and conclusions upon each contested issue of fact necessary to the decision.
**Subp. 5. Time.**
The board or commissioner shall reach a final decision or order on the matter as expeditiously as possible after receipt of the administrative law judge's report and recommendation.
**Subp. 6. Manner.**
The commissioner shall place the matter on the agenda for a board meeting. The decision or order must be announced at the board meeting, and in all cases the decision or order must be entered in the minutes of the board meeting.
**Subp. 7. Alternatives.**
The board or commissioner may accept, modify, or reject the recommendation of the administrative law judge, in whole or in part. The board or commissioner may remand the matter to the administrative law judge for further proceedings.
**Subp. 7a. Informal disposition.**
Informal disposition by stipulation, agreed settlement, or consent order may be made of any matter for which a contested case hearing is scheduled, or any contested issue, at any point in the proceeding, subject to board or commissioner approval of this informal disposition and its terms.
**Subp. 8. Notice.**
The commissioner must serve a copy of every final decision or order in a matter for which a contested case hearing has been held on all parties to the matter and on all interested persons who have submitted to the board or commissioner a request to be notified of the decision.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: L 1984 c 640 s 32; L 1987 c 186 s 15; 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.2100** Petition for Stay and Reopening of Final Decision Following Contested Case Hearing {#sec-7000.2100 omnilex-key=us-mn-regs-official--agency-167--7000.2100}
**Subpart 1. Petition for a stay and reopening.**
At any time up to ten days after the board's or commissioner's final decision, any party to a contested case hearing may petition in writing the board or commissioner for an order that the board's or commissioner's final decision be stayed and that the matter be reopened and, if necessary, remanded to the administrative law judge. The petition must be served upon all board members, including the commissioner, and parties. Any response to the petition by other parties must be served any time up to seven days after receipt of the petition on all the board members, the commissioner, and parties to the matter.
**Subp. 2. Petition contents.**
The written petition shall contain the name and address of the petitioner, the agency designation for the matter, and the specific grounds as described in subpart 3 for staying and reopening the matter.
**Subp. 3. Grounds for granting or denying petition.**
The petition shall be granted upon a showing that there are irregularities in the hearing, errors of law, or newly discovered material issues of fact that could not have been discovered prior to the board's or commissioner's final decision and of such importance as are likely to have altered the outcome of the decision.
**Subp. 4. Board's or commissioner's consideration of petition.**
Within 30 days of the board's final decision, the board must schedule a meeting to determine whether or not to deny or grant the petition submitted under subpart 1. Within 30 days of the commissioner's final decision, the commissioner must deny or grant the petition submitted under subpart 1.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.2200** Decision After Reopening and Remand {#sec-7000.2200 omnilex-key=us-mn-regs-official--agency-167--7000.2200}
The decision after reopening of the hearing and remand to the administrative law judge must be made in the same manner prescribed in part 7000.2000.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310*
##### **Minn. R. 7000.5000** Declaration of Emergency {#sec-7000.5000 omnilex-key=us-mn-regs-official--agency-167--7000.5000}
**Subpart 1. Commissioner authority.**
The commissioner shall have the authority to exercise, in accordance with the limitations and procedures in this part, emergency powers granted to the agency by Minnesota Statutes, section 116.11, unless the board exercises its authority under Minnesota Statutes, section 116.02, subdivision 8.
**Subp. 2. Notification to board.**
Upon declaration of an emergency by the commissioner, the commissioner shall notify all board members as soon as practicable. Notification may be by telephone or any other means practicable. The commissioner may decide to schedule a special meeting of the board to discuss the emergency declaration prior to the next regularly scheduled meeting.
**Subp. 3. Duration.**
Any action taken by the commissioner pursuant to the declaration of emergency or any emergency declaration taken by the board pursuant to an exercise of authority under Minnesota Statutes, section 116.02, subdivision 8, shall remain effective according to the following provisions:
A. until the date of the special meeting and thereafter until the date determined at the meeting by the board pursuant to authority exercised under Minnesota Statutes, section 116.02, subdivision 8;
B. item A notwithstanding, until notice, hearing, and determination are effected pursuant to law; or
C. until discontinued by the declaration of the commissioner or by majority vote of the board.
**Subp. 4. Report.**
Any action taken by the commissioner pursuant to a declaration of emergency must be included on the agenda of the next meeting of the board, at which time the commissioner shall report to the board on the status of the emergency.
**Subp. 5. Board or commissioner action.**
The commissioner or board, by majority vote, may exercise emergency powers. The action of the commissioner or board taken in an emergency situation shall remain effective until discontinued by the commissioner or majority vote of the board or until notice, hearing, and determination are effected pursuant to law.
**Subp. 6. Notice.**
The notice requirements of parts 7000.0550 and 7000.0650 do not apply when the board or the commissioner is considering the exercise of emergency powers, but the board and the commissioner shall give such notice to the public as is possible under the circumstances.
**Subp. 7. Emergency powers.**
Nothing contained in this chapter shall be construed to preempt, repeal, or conflict with this part or any other rule or statute that provides for acts to be taken or procedure to be followed by the board or the commissioner in an emergency.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: L 1987 c 186 s 15; 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.7000** Variances {#sec-7000.7000 omnilex-key=us-mn-regs-official--agency-167--7000.7000}
**Subpart 1. Scope.**
This part governs the procedure for issuance of all variances by the board or commissioner, except to the extent otherwise specifically provided by statute or rule.
**Subp. 2. Written application.**
In no case shall the board or commissioner grant a variance unless a written application has been made to the board or commissioner. The application must be served upon the commissioner.
The written application must contain:
A. the name and address of the applicant and the person who prepared the application;
B. the signature of the applicant or authorized representative;
C. a description, including the location, of the business, plant, system, or facility for which a variance is sought;
D. the nature of the variance sought, including an identification of the applicable rules or standards from which a variance is sought, the period of time for which it is sought, and the reasons relied upon by the applicant in requesting the variance;
E. if the applicant seeks a variance primarily on grounds of economic burden, financial statements prepared or approved by a certified public accountant, or other person acceptable to the agency, which shall fairly set forth the status of the business, plant, system, or facility for each of the three financial years immediately preceding the year of the application, and an analysis of the effect of such financial status if the variance is not granted (if the business, plant, system, or facility has not been in operation for this period, then the financial statements and analysis must be based on the most complete data available);
F. if the applicant seeks a variance on grounds that compliance is not technologically feasible, a report from a registered professional engineer, or other person acceptable to the agency, stating fully the reasons why compliance is not technologically feasible;
G. other additional data or information that is required by any applicable agency rule or standard; and
H. any other relevant data or information that the board or the commissioner deems essential to a determination on the application, including but not limited to the following:
**Subp. 3. Review of applications.**
The commissioner shall review all variance applications for completeness. If the commissioner finds that the application is incomplete or otherwise deficient, the commissioner shall promptly advise the applicant of the incompleteness or deficiency. The commissioner shall suspend further processing of the portion of the application affected by the deficiency until the applicant has supplied the necessary information or otherwise corrected the deficiency.
**Subp. 4. Preliminary determination; preparation of public notice.**
After a variance application is complete, the commissioner shall make a preliminary determination as to whether the variance should be issued or denied. The commissioner shall prepare a notice of the completed application and the preliminary determination. The notice must include a statement as to the manner in which the public may submit comments on the variance application and the manner in which a person may serve a request pursuant to part 7000.0650, subpart 4 or 7000.1800, asking that a contested case hearing or public informational meeting be held on the variance application. The notice must provide the public 30 days in which to submit these comments or requests.
**Subp. 5. Availability of public notice.**
The commissioner shall make a copy of the public notice available at the main agency office and at the applicable agency regional office.
**Subp. 6. Mailing of public notice.**
The commissioner shall mail a copy of the public notice to the applicant, to all persons who have registered their names on the mailing list established under Minnesota Statutes, section 14.14, subdivision 1, and to any person upon request.
**Subp. 7. Circulation of public notice.**
The commissioner shall circulate the public notice within the geographical area of the facility or activity that is the subject of the variance request. The commissioner shall designate the geographical area, which shall as a minimum include the county in which the facility or activity is or will be located.
The commissioner shall circulate the public notice in one or more of the following ways: posting the notice in the post office, public library, or other buildings used by the general public in the designated geographical area; posting the notice at or near the entrance of the applicant's premises, if located near the facility that is the subject of the variance application; or publishing the notice in one or more newspapers or periodicals of general circulation in the designated geographical area.
**Subp. 8. Board decision.**
The board shall make all final decisions on variance applications pursuant to Minnesota Statutes, section 116.02, subdivision 6, clause (6), or subdivision 8. The board shall approve or deny each application. The board may grant a variance upon such conditions as the board may prescribe.
If a contested case hearing has been held, the board shall act on each variance application as expeditiously as possible after receipt of the administrative law judge's report and recommendation, or after submission of the application if no hearing is held. Any person may submit to the board an oral or written statement or recommendation regarding a variance application in accordance with part 7000.1800.
**Subp. 8a. Commissioner decision.**
The commissioner shall make final decisions on variance applications for those matters where the board does not have authority pursuant to Minnesota Statutes, section 116.02, subdivision 6, clause (6), or where the board does not exercise authority pursuant to Minnesota Statutes, section 116.02, subdivision 8. The commissioner shall approve or deny each application. The commissioner may grant a variance upon conditions the commissioner may prescribe, in accordance with Minnesota Statutes, chapter 14. If a contested case hearing has been held, the commissioner shall act on each variance application as expeditiously as possible after receipt of the administrative law judge's report and recommendation, or after submission of the application if no hearing is held, but no later than 60 days after receipt of the report or submission of the application. Any person may submit to the commissioner a written statement or recommendation regarding a variance application in accordance with part 7000.1800. Any such submission shall be made within ten days following the receipt of the administrative law judge's report, or within ten days after submission of an application where no hearing is held.
**Subp. 9. Notification.**
The commissioner must serve every decision of the board or commissioner on a variance application on the applicant and upon all interested persons who have submitted to the agency a request to receive a copy of the decision.
**Subp. 10. Remedies preserved.**
During the pendency of a variance application, the board or commissioner may, in its discretion, avail itself of any legal, equitable, or administrative remedy provided by law for violation of Minnesota Statutes or rules.
**Subp. 11. Amendment or modification.**
In the event a variance has been granted by the board or commissioner, the person holding the variance may file with the board or commissioner at any time a written application for modification or amendment of the variance. The application for modification or amendment, and the board's or commissioner's consideration of the application, shall comply with the requirements of this chapter. This provision shall not apply to a time extension of an existing variance.
**Subp. 12. Assignment.**
No variance may be assigned or transferred by the holder without the approval of the board or commissioner.
**Subp. 13. Violation by variance holder.**
Any variance holder who violates a provision of the variance is subject to revocation or suspension of the variance, or other sanction as authorized or provided by law. No revocation, suspension, or other sanction may be imposed before notice to the variance holder and opportunity for a contested case hearing.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: L 1984 c 640 s 32; L 1987 c 186 s 15; 19 SR 1310; 20 SR 2629; 28 SR 1249*
##### **Minn. R. 7000.9000** Conflict of Interest {#sec-7000.9000 omnilex-key=us-mn-regs-official--agency-167--7000.9000}
**Subpart 1. Conflict of interest.**
Any member of the board who has a direct and substantial financial or employment interest relating to any matter before the board, which interest is reasonably likely to affect the impartiality or judgment of the board member in the matter, shall make known this interest and shall refrain from participating in or voting upon the matter.
**Subp. 2. Outside employment.**
No employee or agent of the agency, including the commissioner, shall engage in any outside employment or other conduct that is likely to affect adversely the effectiveness or efficiency of any functions or duties performed for the agency.
**Subp. 3. Post board representation.**
For one year after leaving the board, a board member must not represent an interested person or party before the board or appear on behalf of an interested person or party regarding a matter that previously was identified as an item on any board meeting agenda.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: L 1987 c 186 s 15; 19 SR 1310; 28 SR 1249*
##### **Minn. R. 7000.9100** Prohibited Ex Parte Communications {#sec-7000.9100 omnilex-key=us-mn-regs-official--agency-167--7000.9100}
**Subpart 1. Ex parte communication.**
"Ex parte communication" means an oral or written, off-the-record communication made between a board member or the commissioner and a person or party, without notice to other interested persons or parties, that is directed to the merits or outcome of a contested case proceeding or rulemaking proceeding after public hearing. This term does not include procedural, scheduling, and status inquiries or other inquiries or for information that have no bearing on the merits or outcome of the proceeding.
**Subp. 2. Communication with board members.**
An oral or written ex parte communication must not be made or attempted to be made either directly or indirectly between a board member and a person or party concerning a material issue of fact during a pending contested case proceeding or rulemaking public hearing, from the date the board decides to hold the contested case hearing or the date the rulemaking public hearing is ordered, until the board issues its final order or makes a final decision.
**Subp. 3. Disclosure of ex parte communication.**
If a person or party makes a prohibited oral ex parte communication to a board member, the board member must advise the person or party who makes the communication that the communication is prohibited and shall immediately terminate the communication. If a prohibited written or oral ex parte communication is received by a board member, that board member must promptly disclose the following information to the commissioner or vice-chair prior to any decision regarding the contested case or rulemaking proceeding that is the subject of the ex parte communication:
A. to the extent known, the name and address of the person making the communication and the relationship, if any, to the parties to or interested persons in the pending matter or proceeding;
B. the date and time of the communication, its duration, and the means by and circumstances under which it was made;
C. a copy of the written document or a written summary of the matters discussed; and
D. whether the person or party making the prohibited communication persisted after being advised that the communication was prohibited.
**Subp. 4. Record of ex parte communication.**
The commissioner must make the tape recording or meeting transcript showing disclosure of ex parte contacts and all disclosed written ex parte communications part of the record of the proceeding to which those communications relate.
**Subp. 5. Board member abstention.**
Any board member not disclosing information regarding a prohibited ex parte communication may voluntarily abstain or may be required to abstain from voting on the matter that is the subject of the prohibited communication. A determination of an abstention must be made by a majority of board members, based on a finding that a prohibited ex parte communication with a board member occurred and was not disclosed in accordance with subpart 3.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310; 20 SR 2629; 28 SR 1249*
## **Chapter 7001** PERMITS AND CERTIFICATIONS
##### **Minn. R. 7001.0010** Definitions {#sec-7001.0010 omnilex-key=us-mn-regs-official--agency-167--7001.0010}
**Subpart 1. Scope.**
The definitions in part 7000.0100 in the agency's procedural rules apply to the terms used in parts 7001.0010 to 7001.0210 and the definitions in part 7045.0020 in the agency's hazardous waste rules apply to the terms used in parts 7001.0500 to 7001.0730 unless the terms are defined as follows.
**Subp. 2. Draft permit.**
"Draft permit" means a document prepared by the commissioner under part 7001.0100 that indicates the commissioner's preliminary decision to issue, modify, revoke and reissue, or reissue a permit, and that indicates the proposed terms and conditions of the permit; or a notice prepared by the commissioner under part 7001.0100 that indicates the commissioner's preliminary decision to deny, to refuse to reissue, or to revoke a permit without reissuance.
**Subp. 3. Permit.**
"Permit" means a discharge, emission, and disposal authorization; a construction, installation, or operation authorization; and other agency authorizations designated "permit" in Minnesota Statutes, chapters 115 and 116, including Minnesota Statutes, sections 115.03, subdivision 1; 115.07; 116.07, subdivision 4a; 116.081; and 116.091. "Permit" does not include an "order," "variance," or "stipulation agreement" as defined in part 7000.0100 and does not include a "certification." However, the exclusion of "certification" from the definition of "permit" shall not in any way be considered to affect the applicability of parts 7001.0010 to 7001.0210 to the processing of certifications by the agency under section 401 of the Clean Water Act, United States Code, title 33, section 1341, to the extent provided by parts 7001.1400 to 7001.1470.
**Subp. 4. General permit.**
"General permit" means a permit issued under part 7001.0210 to a category of permittees whose operations, emissions, activities, discharges, or facilities are the same or substantially similar.
**Subp. 5. Notification.**
"Notification" means the notification required by part 7001.3410.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; 10 SR 2235; L 1987 c 186 s 15; 20 SR 714; 30 SR 529*
##### **Minn. R. 7001.0020** Scope {#sec-7001.0020 omnilex-key=us-mn-regs-official--agency-167--7001.0020}
Except as otherwise specifically provided, parts 7001.0010 to 7001.0210 apply to items A to H.
A. An agency permit required for the storage, treatment, processing, transfer, intermediate disposal, or final disposal of solid waste. Part 7001.0040 applies to permits for solid waste transfer facilities, recycling facilities, refuse-derived fuel processing facilities, and compost facilities, except that the time period referred to in part 7001.0040, subparts 1 and 3, shall be 90 days instead of 180 days.
B. An agency permit required for the treatment, storage, or disposal of hazardous waste.
C. An agency permit required for the treatment, distribution, utilization, storage, or disposal of sewage sludge.
D. An agency permit required for the construction, installation, or operation of a disposal system. Part 7001.0040, subparts 1 and 3, apply to permits for sewer extensions, except that the time period referenced in those subparts shall be 60 days instead of 180 days. Parts 7001.0100, subparts 4 and 5; 7001.0110; and 7001.0150 do not apply to permits for sewer extensions.
E. An agency permit required for the discharge of a pollutant into the waters of the state from a point source.
F. An agency permit required for the construction or operation of an animal feedlot or manure storage area or for the correction of a pollution hazard. However, parts 7001.0040, 7001.0050, 7001.0100, subparts 4 and 5, and 7001.0110 do not apply to animal feedlot interim and construction short-form permits issued under chapter 7020.
G. The processing of certifications under section 401 of the Clean Water Act, United States Code, title 33, section 1341, to the extent provided by parts 7001.1400 to 7001.1470.
H. An agency permit required for the construction or operation of a substance storage facility which:
**History**
- *Statutory Authority: MS s 14.3895; 115.03; 116.07*
- *History: 8 SR 2278; 10 SR 2235; 12 SR 1564; 12 SR 2513; 13 SR 1150; 13 SR 2154; 13 SR 2453; 16 SR 865; 18 SR 1059; 21 SR 1642; 23 SR 883; 25 SR 556; 25 SR 834; 28 SR 1086; 30 SR 1130*
##### **Minn. R. 7001.0030** Permit Required {#sec-7001.0030 omnilex-key=us-mn-regs-official--agency-167--7001.0030}
Except as provided under Minnesota Statutes, section 115.07, subdivisions 1 and 3, no person required by statute or rule to obtain a permit may construct, install, modify, or operate the facility to be permitted, nor shall a person commence an activity for which a permit is required by statute or rule until the agency has issued a written permit for the facility or activity.
**History**
- *Statutory Authority: MS s 14.386; 115.03; 116.07*
- *History: 8 SR 2278; 36 SR 179*
##### **Minn. R. 7001.0040** Application Deadlines {#sec-7001.0040 omnilex-key=us-mn-regs-official--agency-167--7001.0040}
**Subpart 1. Application for new permit.**
Except as otherwise required by parts 7001.0530 and 7001.1040 or chapter 7090, a permit application for a new facility or activity may be submitted at any time. However, it is recommended that the permit application be submitted at least 180 days before the planned date of the commencement of facility construction or of the activity.
**Subp. 2. Modification or revocation and reissuance of existing permits.**
If a permit has been issued by the agency, the person holding the permit may file with the agency, at any time, a written application for modification of the permit or for revocation and reissuance of the permit; except that if the reason for the application is the adoption by a federal agency of a new or amended pollution standard, limitation, or effluent guideline the permittee shall file an application within the time for filing specified by the federal agency as a part of the notice of adoption published in the Federal Register.
**Subp. 3. Reissuance of existing permits.**
If a permit has been issued by the agency and the person holding the permit desires to continue the permitted activity beyond the expiration date of the permit, the person shall submit a written application for permit reissuance at least 180 days before the expiration date of the existing permit.
**Subp. 4. Preliminary application for new mixed municipal solid waste land disposal facility.**
Applicants shall submit a preliminary permit application for a new mixed municipal solid waste or a new municipal solid waste combustor ash land disposal facility at least 90 days before the anticipated start of a detailed site investigation.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 8 SR 2278; 12 SR 1564; 12 SR 2513; 13 SR 1150; 13 SR 2453; 16 SR 2321; 30 SR 125*
##### **Minn. R. 7001.0050** Written Application {#sec-7001.0050 omnilex-key=us-mn-regs-official--agency-167--7001.0050}
A person who requests the issuance, modification, revocation and reissuance, or reissuance of a permit shall complete, sign, and submit to the commissioner a written application. The person shall submit the written application in a form prescribed by the commissioner. The application shall contain the items listed in items A to I unless the commissioner has issued a written exemption from one or more of the data requirements. After receiving a written request for an exemption from a data requirement, the commissioner shall issue the exemption if the commissioner finds that the data is unnecessary to determine whether the permit should be issued or denied. The application must contain:
A. the name, address, and telephone number of the owner of the facility for which the application is submitted and identification of the status of the owner as a federal, state, public, private, or other entity;
B. if the operator of the facility for which the application is submitted is different from the owner, the name, address, and telephone number of the operator and identification of the status of the operator as a federal, state, public, private, or other entity;
C. the name, address, and telephone number of the person who prepared the application;
D. a description including the location of the business, plant, system, facility, or activity for which a permit is sought;
E. a general description of the materials handled, processed, stored, or disposed of by the applicant that are pertinent to the application; and a statement of the nature and quantity of the materials proposed to be stored, processed, discharged, emitted, or disposed of during the period of the required permit, and proposed methods for control of these materials;
F. a topographic map, or other map if a topographic map is unavailable, that shows the facility and the area surrounding the facility for a distance of at least one mile in all directions of the facility; and all structures that relate to the proposed discharge, emission, storage, processing, or disposal activity;
G. a copy of a draft or final environmental impact statement that has been prepared under the National Environmental Policy Act, United States Code, title 42, sections 4331 et seq. as amended through December 31, 1982, or a copy of an environmental assessment or environmental impact statement prepared under the rules of the Minnesota Environmental Quality Board, chapter 4410;
H. additional information determined by the commissioner to be relevant to a decision as to permit issuance, including but not limited to plans, specifications, or other technical information that is necessary to determine whether the facility will meet all applicable Minnesota and federal statutes and rules; and
I. other information relevant to the application as required by parts 7001.0550 to 7001.0640, 7001.1050, 7001.1290, 7001.3175 to 7001.3475, 7001.4200, 7041.0700, 7050.0280, subpart 2, or 7050.0290, subpart 2.
**History**
- *Statutory Authority: MS s 115.03; 115.44; 115A.914; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15; 12 SR 1564; 12 SR 2513; 13 SR 1150; 18 SR 1059; 21 SR 1642; 25 SR 556; 41 SR 545*
##### **Minn. R. 7001.0060** Signatures {#sec-7001.0060 omnilex-key=us-mn-regs-official--agency-167--7001.0060}
A permit application must be signed as follows:
A. for a corporation, by a principal executive officer of at least the level of vice-president or the duly authorized representative or agent of the executive officer if the representative or agent is responsible for the overall operation of the facility that is the subject of the permit application;
B. for a partnership or sole proprietorship, by a general partner or the proprietor, respectively;
C. for a municipality, state, federal, or other public agency, by either a principal executive officer or ranking elected official;
D. if the operator of the facility for which the application is submitted is different from the owner, by both the owner and the operator according to items A to C. Except in the case of a hazardous waste facility or a solid waste management facility permit application, if the commissioner finds that this requirement is impracticable under the circumstances, the commissioner shall require the operator to sign the application according to items A to C;
E. for solid waste management facilities, by the facility owner and landowner under items A to C if the landowner is different from the owner of the facility for which the application is submitted; and
F. for a firm preparing the necessary reports and plans for a solid waste management facility permit application, by an engineer registered in Minnesota.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15; 13 SR 1150*
##### **Minn. R. 7001.0070** Certification {#sec-7001.0070 omnilex-key=us-mn-regs-official--agency-167--7001.0070}
A person who signs a permit application shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete." Where applicable, the person shall also fulfill the certification requirements of part 7001.0540.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278*
##### **Minn. R. 7001.0080** Retention of Records {#sec-7001.0080 omnilex-key=us-mn-regs-official--agency-167--7001.0080}
The applicant shall retain copies of the permit application, all data and information used by the applicant to complete the application, and additional information requested by the commissioner during the review of the application for a period of at least three years from the date the application is signed. This period is automatically extended during the course of an unresolved enforcement action regarding the facilities or as requested by the commissioner.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15*
##### **Minn. R. 7001.0090** Review of Permit Applications {#sec-7001.0090 omnilex-key=us-mn-regs-official--agency-167--7001.0090}
The commissioner shall review all permit applications for completeness. If the commissioner finds that the application is incomplete or otherwise deficient, the commissioner shall notify the project proposer as required under Minnesota Statutes, section 116.03, subdivision 2b, paragraph (d).
**History**
- *Statutory Authority: MS s 14.386; 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15; 36 SR 179*
##### **Minn. R. 7001.0100** Preliminary Determination and Draft Permit {#sec-7001.0100 omnilex-key=us-mn-regs-official--agency-167--7001.0100}
**Subpart 1. Preliminary determination.**
After a permit application is complete, the commissioner shall make a preliminary determination as to whether the permit should be issued or denied.
**Subp. 2. Draft permit.**
If the preliminary determination is to issue a permit, the commissioner shall prepare a draft permit, including a proposed schedule of compliance if a schedule is necessary to meet all applicable standards and limitations imposed by statute or rule. If the preliminary determination is to deny the permit application, the commissioner shall prepare a notice of intent to deny the permit. For the purposes of the procedures required in subparts 2 to 5, a notice of intent to deny a permit is considered a draft permit.
**Subp. 3. Fact sheet.**
The commissioner shall prepare a fact sheet for each draft permit described in part 7001.1070, subpart 2 for each draft permit proposed to be issued under parts 7001.0210 and 7001.0660, item A, and for each draft permit that the commissioner finds is the subject of widespread public interest or involves issues of major importance to the agency or to the public. The commissioner shall send a copy of this fact sheet to the applicant and upon request to any other person. The fact sheet must set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The fact sheet must include, if applicable:
A. a concise description of the type of facility or activity that is the subject of the permit application;
B. the type and quantity of wastes, fluids, or pollutants that are proposed to be or are being handled, processed, treated, stored, disposed of, emitted, or discharged;
C. a summary of the basis for the draft permit conditions, including references to applicable statutory or regulatory provisions;
D. reasons why requested variances or alternatives to required standards do or do not appear justified;
E. a concise statement regarding the requirements prescribed in Minnesota Statutes, chapter 116D that are or may be applicable to the facility or activity which is the subject of the permit application;
F. the preliminary determinations made by the commissioner on the permit application; and
G. a description of the procedures for reaching a final decision on the draft permit, including:
**Subp. 4. Public notice of permit application and preliminary determination.**
The commissioner shall prepare and issue a public notice of a completed application and the commissioner's preliminary determination as to whether the permit should be issued or denied. The public notice must include, at a minimum:
A. The address and telephone number of the main agency office and the applicable agency regional office and a statement that additional information may be obtained at these offices.
B. The name and address of the applicant, and if different, of the facility or activity that is the subject of the permit application.
C. A concise description of the facility or activity that is the subject of the permit application.
D. A statement of the preliminary determination of the commissioner to issue or deny the permit.
E. If the commissioner's preliminary determination is to issue the permit, a statement of the duration of the draft permit.
F. A statement that a draft permit has been prepared and, if applicable, that a fact sheet has been prepared and that a copy of these documents will be mailed to any interested person upon the agency's receipt of a written request.
G. A statement that during the public comment period a person may submit comments to the agency on the draft permit or on the preliminary determination, a statement of the dates on which the comment period commences and terminates, and a statement of the information that the person is required by part 7001.0110 to include in the comments. The public comment period shall be 30 days unless a different public comment period is specifically established by another agency rule.
H. A brief description of the procedures for reaching a final decision on the permit application, including procedures for requesting a public information meeting or a contested case hearing and the nature of the two types of proceedings; and any other procedures by which the public may participate in the agency's consideration of the permit application.
**Subp. 5. Distribution of public notice.**
The commissioner shall distribute the public notice in the following manner:
A. The commissioner shall make a copy of the public notice available at the main agency office and at the applicable agency regional office.
B. The commissioner shall mail a copy of the public notice to the applicant, to all persons who have registered their names and addresses on the mailing list established under part 7001.0200, and to any interested person upon request. If applicable, the commissioner shall also mail copies of the public notice according to part 7001.0660, item C.
C. The commissioner shall circulate the public notice within the geographical area of the facility or activity which is the subject of the permit application. The commissioner shall designate the geographical area which shall, as a minimum, include the county in which the facility or activity is or will be located. The commissioner shall circulate the public notice in one or more of the following ways:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15*
##### **Minn. R. 7001.0110** Public Comments {#sec-7001.0110 omnilex-key=us-mn-regs-official--agency-167--7001.0110}
**Subpart 1. Submission of written comments.**
During the public comment period established in the public notice of an agency permit, an interested person, including the applicant, may submit written comments on the application or on the draft permit. If the subject of the draft permit and public notice is the modification of a permit, these comments must be limited to the portion of the permit proposed to be modified. During the public comment period, the person may also submit a petition for a public informational meeting or a contested case hearing on the application. Petitions for an informational meeting must meet the requirements of part 7000.0650, subpart 4. Petitions for a contested case hearing must meet the requirements of part 7000.1800.
**Subp. 2. Contents of written comments.**
A person who submits comments under subpart 1 shall include in the comments the following:
A. a statement of the person's interest in the permit application or the draft permit;
B. a statement of the action the person wishes the agency to take, including specific references to sections of the draft permit that the person believes should be changed; and
C. the reasons supporting the person's position, stated with sufficient specificity as to allow the commissioner to investigate the merits of the person's positions.
**Subp. 3. Public informational meeting.**
If a person requests a public informational meeting, the comments must include the items listed in subpart 2 and a statement of the reasons the person desires the agency to hold a public informational meeting and the issues that the person would like the agency to address at the public informational meeting.
**Subp. 4. Extension of comment period.**
The public comment period may be extended by the commissioner if the commissioner finds an extension of time is necessary to facilitate additional public comment. Comments submitted in writing by interested persons or the applicant during the public comment period must be retained and considered in the formulation of final determinations concerning the permit application.
**History**
- *Statutory Authority: MS s 14.06; 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15; 19 SR 1310*
##### **Minn. R. 7001.0120** Public Informational Meeting {#sec-7001.0120 omnilex-key=us-mn-regs-official--agency-167--7001.0120}
**Subpart 1. Determination of need.**
If the commissioner or the agency determines that a public informational meeting would help clarify and resolve issues regarding the commissioner's preliminary determination or the terms of the draft permit or if the commissioner has received a request under part 7001.0670, subpart 1, the commissioner shall hold a public informational meeting.
**Subp. 2. Location.**
If the requester desires, the public informational meeting must be held in the geographical area of the facility or activity which is the subject of the permit application. Otherwise, the public informational meeting must be held in a place selected by the commissioner which is generally convenient to persons expected to attend the meeting.
**Subp. 3. Notice.**
The commissioner shall prepare a notice of the public informational meeting. The notice must contain a reference to the public notice of the application and the draft permit, including any identification numbers on the draft permit and the dates of issuance of the public notice and the draft permit; the date, time, and location of the public informational meeting; the information described in part 7001.0100, subpart 4, items A to F; a concise description of the manner in which the public informational meeting will be conducted; and the issue or issues to be discussed.
**Subp. 4. Distribution of notice.**
The commissioner shall publish the notice in a newspaper of general circulation in the geographical area of the facility or activity which is the subject of the permit application, and shall mail a copy of the notice to the applicant, the appropriate city and county officials, and all other persons determined by the commissioner to have an interest in the permit application. If applicable, the commissioner shall comply with part 7001.0670, subpart 3.
**Subp. 5. Consolidation of issues.**
If the commissioner or the agency determines that no person would be adversely affected by consolidation, the commissioner or the agency may consolidate two or more matters, issues, or related groups of permit applications for which a public informational meeting will be held.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15*
##### **Minn. R. 7001.0125** Meeting with and Report of Commissioner {#sec-7001.0125 omnilex-key=us-mn-regs-official--agency-167--7001.0125}
**Subpart 1. Meeting with commissioner.**
Petitioners for a contested case hearing may request to meet with the commissioner. The commissioner shall review petitions for a contested case hearing and, upon concluding that a meeting would assist the agency in resolving controversy, narrowing issues, or in otherwise reviewing the matter, the commissioner shall arrange a meeting with petitioners to discuss:
A. whether the petition meets the criteria for a contested case hearing in parts 7000.1800 and 7001.0110; and
B. whether the issues raised in the petition can be resolved without a hearing and, if not, whether the scope of a hearing can be limited by mutual agreement of the petitioners and persons who might be parties to the hearing.
**Subp. 2. Commissioner report.**
Unless the agency has held a contested case hearing on the matter, the commissioner shall prepare a report and shall serve that report upon all agency members and interested persons at least ten days before a meeting at which the agency is scheduled to take final action on the issuance, revocation, or modification of a permit. The report shall:
A. state whether the agency has received any requests for a public informational meeting and whether those requests meet the requirements of part 7000.0650, subpart 4;
B. state whether the agency has received any petitions for a contested case hearing and whether those petitions meet the requirements of parts 7000.0110 and 7000.1800. If not, the report shall describe what requirements have not been met;
C. state whether any meetings have been held under subpart 1 and, if so, the results of the meetings;
D. recommend changes to the proposed permit or other actions that the commissioner believes are reasonable in response to comments submitted during the comment period; and
E. recommend whether a contested case hearing should be held and, if so, the issues and scope of the hearing.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 19 SR 1310*
##### **Minn. R. 7001.0130** Contested Case Hearing {#sec-7001.0130 omnilex-key=us-mn-regs-official--agency-167--7001.0130}
**Subpart 1. Required hearing.**
Parts 7000.1750 to 7000.2200 apply to permits governed by this chapter. The agency's decisions concerning a contested case on a permit matter shall be made as provided in parts 7000.1750 to 7000.2200.
**Subp. 2. Public informational meeting.**
If the agency finds that the holding of a contested case hearing is not justified under subpart 1, the agency shall nevertheless hold a public informational meeting if the agency determines that a public informational meeting would help clarify or resolve issues regarding the terms of the draft permit.
**Subp. 3. Hearing notice and order.**
If the agency decides to hold a contested case hearing, the commissioner shall prepare a notice of and order for hearing. The notice of and order for hearing must contain:
A. the information required by part 1400.5600 of the Office of Administrative Hearings;
B. a reference to the public notice of the application and the draft permit, including any identification numbers on the draft permit, and the dates of issuance of the public notice and the draft permit;
C. identification of the existing parties and a concise description of the issues on which the agency has ordered a hearing; and
D. the address of the agency office or offices where interested persons may inspect or obtain copies of the public notice of the application, the draft permit, the fact sheet, and other information relevant to the permit application and the holding of the hearing.
**Subp. 4. Relevant rules.**
The notice of hearing, distribution of the notice, and the conduct of the contested case hearing are governed by Minnesota Statutes, sections 14.57 to 14.62; the rules of the Office of Administrative Hearings, parts 1400.5100 to 1400.8500; and, if applicable by part 7001.0670, subparts 2, 3, and 4.
**History**
- *Statutory Authority: MS s 14.06; 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15; 13 SR 2453; 19 SR 1310*
##### **Minn. R. 7001.0140** Final Determination {#sec-7001.0140 omnilex-key=us-mn-regs-official--agency-167--7001.0140}
**Subpart 1. Agency action.**
Except as provided in subpart 2, the agency shall issue, reissue, revoke and reissue, or modify a permit if the agency determines that the proposed permittee or permittees will, with respect to the facility or activity to be permitted, comply or will undertake a schedule of compliance to achieve compliance with all applicable state and federal pollution control statutes and rules administered by the agency, and conditions of the permit and that all applicable requirements of Minnesota Statutes, chapter 116D, and the rules adopted under Minnesota Statutes, chapter 116D, have been fulfilled. For solid waste facilities, the requirements of Minnesota Statutes, section 473.823, subdivisions 3 and 6, must also be fulfilled.
**Subp. 2. Agency findings.**
The following findings by the agency constitute justification for the agency to refuse to issue a new or modified permit, to refuse permit reissuance, or to revoke a permit without reissuance:
A. that with respect to the facility or activity to be permitted, the proposed permittee or permittees will not comply with all applicable state and federal pollution control statutes and rules administered by the agency, or conditions of the permit;
B. that there exists at the facility to be permitted unresolved noncompliance with applicable state and federal pollution control statutes and rules administered by the agency, or conditions of the permit and that the permittee will not undertake a schedule of compliance to resolve the noncompliance;
C. that the permittee has failed to disclose fully all facts relevant to the facility or activity to be permitted, or that the permittee has submitted false or misleading information to the agency or to the commissioner;
D. that the permitted facility or activity endangers human health or the environment and that the danger cannot be removed by a modification of the conditions of the permit;
E. that all applicable requirements of Minnesota Statutes, chapter 116D and the rules adopted under Minnesota Statutes, chapter 116D have not been fulfilled;
F. that with respect to the facility or activity to be permitted, the proposed permittee has not complied with any requirement under parts 7002.0210 to 7002.0310 or chapter 7046 to pay fees;
G. that with respect to the facility or activity to be permitted, the proposed permittee has failed to pay a penalty owed under Minnesota Statutes, section 116.072; or
H. for a solid waste transfer facility, that the permittee has received an agency permit but has failed to build and operate the permitted facility within the term of the permit.
**Subp. 3. Contested case hearing.**
If a contested case hearing has been held, the agency shall comply with the procedures set forth in part 7000.2000 of the agency procedural rules prior to making a final determination.
**Subp. 4. Agency decision when an environmental impact statement must be prepared.**
When an environmental impact statement is required to be prepared before the agency makes a final decision on a proposed permit, the agency shall not make its final decision until 25 days or more after the adequacy decision is made under part 4410.2800.
**History**
- *Statutory Authority: MS s 14.06; 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15; 13 SR 1150; 13 SR 2453; 17 SR 440; 18 SR 1059; 19 SR 1310; L 1995 c 233 art 4 s 2; L 1995 c 248 art 4 s 2; 30 SR 529*
##### **Minn. R. 7001.0150** Terms and Conditions of Permits {#sec-7001.0150 omnilex-key=us-mn-regs-official--agency-167--7001.0150}
**Subpart 1. Term of permit.**
Unless specifically otherwise provided by statute or rule, an agency permit is issued for a term not to exceed ten years.
**Subp. 2. Special conditions.**
Each draft and final permit must contain conditions necessary for the permittee to achieve compliance with applicable Minnesota or federal statutes or rules, including each of the applicable requirements in parts 7045.0450 to 7045.0649 and 7045.1390, and any conditions that the agency determines to be necessary to protect human health and the environment. If applicable to the circumstances, the conditions must include:
A. A schedule of compliance that leads to compliance with the appropriate Minnesota or federal statute or rule. The schedule of compliance must require compliance in the shortest reasonable period of time or by a specified deadline if required by Minnesota or federal statute or rule. If appropriate, the schedule of compliance must include interim dates, which in no case may be separated by more than one year. A permit with a schedule of compliance must require the submission to the commissioner of progress reports. The progress reports must be submitted not later than 14 days after each interim and final date of compliance regarding the permittee's compliance or noncompliance with the schedule of compliance and they must explain any instance of noncompliance and state the actions that have been taken to correct the noncompliance.
B. Requirements for monitoring and testing and reporting of monitoring and testing results. Monitoring and testing requirements must specify the type, interval, and frequency of monitoring and testing activities that are sufficient to yield representative data to determine whether there is compliance with the terms and conditions of the permit or compliance with Minnesota and federal pollution control statutes and rules. As appropriate, the permit must contain requirements for the proper use, maintenance, and installation of monitoring and testing equipment or methods. The permit must require the permittee to keep accurate records of monitoring and testing activities and to submit to the commissioner periodic reports of monitoring results required by the permit and, as requested by the commissioner, the results of other monitoring and testing undertaken by the permittee that are related to compliance with the terms and conditions of the permit or compliance with Minnesota and federal pollution control statutes and rules. Reporting of monitoring results must contain the certification in part 7001.0070.
C. A requirement that the permittee retain the following items for at least three years from the date of the sample, measurement, report, certification, or application, after which time this period must be automatically extended during the course of an unresolved enforcement action or at the request of the commissioner:
D. A requirement that all documents and reports, including monitoring reports, submitted to the agency for any reason by the permittee, are signed by the permittee or the duly authorized representative of the permittee. For hazardous waste facility permits, duly authorized representative is defined by part 7001.0720.
**Subp. 3. General conditions.**
Unless specifically exempted by statute or rule, each draft and final permit must include the following general conditions and the agency shall incorporate these conditions into all permits either expressly or by specific reference to this part:
A. The agency's issuance of a permit does not release the permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit.
B. The agency's issuance of a permit does not prevent the future adoption by the agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the permittee.
C. The permit does not convey a property right or an exclusive privilege.
D. The agency's issuance of a permit does not obligate the agency to enforce local laws, rules, or plans beyond that authorized by Minnesota statutes.
E. The permittee shall perform the actions or conduct the activity authorized by the permit in accordance with the plans and specifications approved by the agency and in compliance with the conditions of the permit.
F. The permittee shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The permittee shall install and maintain appropriate backup or auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically and economically feasible.
G. The permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the agency or to the commissioner by the permit. The permittee shall immediately upon discovery report to the commissioner an error or omission in these records, reports, plans, or other documents.
H. The permittee shall, when requested by the commissioner, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility covered by the permit or regarding the conduct of the activity covered by the permit.
I. When authorized by Minnesota Statutes, sections 115.04; 115B.17, subdivision 4; and 116.091, and upon presentation of proper credentials, the agency, or an authorized employee or agent of the agency, shall be allowed by the permittee to enter at reasonable times upon the property of the permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit.
J. If the permittee discovers, through any means, including notification by the agency, that noncompliance with a condition of the permit has occurred, the permittee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from the noncompliance.
K. If the permittee discovers that noncompliance with a condition of the permit has occurred which could endanger human health, public drinking water supplies, or the environment, the permittee shall, within 24 hours of the discovery of the noncompliance, orally notify the commissioner. Within five days of the discovery of the noncompliance, the permittee shall submit to the commissioner a written description of the noncompliance; the cause of the noncompliance; the exact dates of the period of the noncompliance; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
L. The permittee shall report noncompliance with the permit not reported under item K as a part of the next report which the permittee is required to submit under this permit. If no reports are required within 30 days of the discovery of the noncompliance, the permittee shall submit the information listed in item K within 30 days of the discovery of the noncompliance.
M. The permittee shall give advance notice to the commissioner as soon as possible of planned physical alterations or additions to the permitted facility or activity that may result in noncompliance with a Minnesota or federal pollution control statute or rule or a condition of the permit.
N. The permit is not transferable to any person without the express written approval of the agency after compliance with the requirements of part 7001.0190. A person to whom the permit has been transferred shall comply with the conditions of the permit.
O. The permit authorizes the permittee to perform the activities described in the permit under the conditions of the permit. In issuing the permit, the state and agency assume no responsibility for damage to persons, property, or the environment caused by the activities of the permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under the permit. To the extent the state and agency may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.736.
P. Compliance with a RCRA permit during its term constitutes compliance, for purposes of enforcement, with subtitle C of RCRA except for those requirements not included in the permit which:
**History**
- *Statutory Authority: MS s 14.388; 115.03; 116.07; 116.37; L 2014 c 237 s 13*
- *History: 8 SR 2278; 11 SR 1832; L 1987 c 186 s 15; 13 SR 1238; 18 SR 1886; 29 SR 947; 33 SR 2042; 39 SR 1763*
##### **Minn. R. 7001.0160** Continuation of Expired Permit {#sec-7001.0160 omnilex-key=us-mn-regs-official--agency-167--7001.0160}
A person who holds an expired permit, other than a permit described in part 7001.0020, item B, and who has submitted a timely application for reissuance of the permit may continue to conduct the permitted activity in accordance with the terms and conditions of the expired permit until the agency takes final action on the application unless the commissioner determines that any of the following are true:
A. the permittee is not in substantial compliance with the terms and conditions of the expired permit or with a stipulation agreement or compliance schedule designed to bring the permittee in compliance with the permit;
B. the agency, as a result of an action or failure to act of the permittee, has been unable to take final action on the application on or before the expiration date of the permit; or
C. the permittee has submitted an application with major deficiencies or has failed to properly supplement the application in a timely manner after being informed of deficiencies.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15; 13 SR 2453*
##### **Minn. R. 7001.0170** Justification to Commence Modification of Permit or Revocation and Reissuance of Permit {#sec-7001.0170 omnilex-key=us-mn-regs-official--agency-167--7001.0170}
The following constitute justification for the commissioner to commence proceedings to modify a permit or to revoke and reissue a permit:
A. alterations or modifications to the permitted facility or activity that will result in or have the potential to result in significant alteration in the nature or quantity of permitted materials to be stored, processed, discharged, emitted, or disposed of by the permittee;
B. the commissioner receives information previously unavailable to the agency that shows that the terms and conditions of the permit do not accurately represent the actual circumstances relating to the permitted facility or activity;
C. the agency or the federal government promulgates a new or amended pollution standard, limitation, or effluent guideline that is applicable to the permitted facility or activity;
D. a court of competent jurisdiction invalidates or modifies a Minnesota or federal statute or rule or federal guideline upon which a condition of the permit is based;
E. an event occurs that is beyond the control of the permittee that necessitates modification of a compliance schedule in the permit;
F. the commissioner finds that the permitted facility or activity endangers human health or the environment and that a change in the operation of the permitted facility or in the conduct of the permitted activity would remove the danger to human health or the environment;
G. the commissioner receives a request for transfer of the permit; or
H. if applicable, there exists any justification listed in part 7001.0730, subpart 1, 7001.1150, or 7001.3550, subpart 2.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15; 13 SR 1150; 33 SR 696*
##### **Minn. R. 7001.0180** Justification to Commence Revocation Without Reissuance of Permit {#sec-7001.0180 omnilex-key=us-mn-regs-official--agency-167--7001.0180}
The following constitute justification for the commissioner to commence proceedings to revoke a permit without reissuance:
A. existence at the permitted facility of unresolved noncompliance with applicable state and federal pollution statutes and rules or a condition of the permit, and refusal of the permittee to undertake a schedule of compliance to resolve the noncompliance;
B. the permittee fails to disclose fully the facts relevant to issuance of the permit or submits false or misleading information to the agency or to the commissioner;
C. the commissioner finds that the permitted facility or activity endangers human health or the environment and that the danger cannot be removed by a modification of the conditions of the permit;
D. the permittee has failed to comply with any requirement under parts 7002.0210 to 7002.0310 or chapter 7046 to pay fees; or
E. the permittee has failed to pay a penalty owed under Minnesota Statutes, section 116.072.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15; 13 SR 2453; 17 SR 440; 18 SR 1059; L 1995 c 233 art 4 s 3; L 1995 c 248 art 4 s 3*
##### **Minn. R. 7001.0190** Procedure for Modification, Revocation and Reissuance, and Revocation Without Reissuance of Permits {#sec-7001.0190 omnilex-key=us-mn-regs-official--agency-167--7001.0190}
**Subpart 1. In general.**
If the permittee requests the modification or the revocation and reissuance of a permit, the commissioner shall require and review a permit application as provided in parts 7001.0040 to 7001.0090. Except as provided in subparts 2 and 3, in modifying permits and in revoking and reissuing permits the agency shall follow the procedures set forth in parts 7001.0100 to 7001.0130 to the same extent required for the issuance of the permit. In permit modification proceedings, only those portions of the permit that are proposed to be modified are open for comment and a contested case hearing. In proceedings to revoke and reissue a permit, the entire permit is open for comment and a contested case hearing.
**Subp. 2. Modification solely as to ownership or control.**
Upon obtaining the consent of the permittee, the commissioner shall consider a request to modify a permit as to the ownership or control of a permitted facility or activity without following the procedures in parts 7001.0100 to 7001.0130 if the commissioner finds that no other change in the permit is necessary. If the permit is a permit described in part 7001.0020, item A or B, the commissioner shall also find that the agency has received a binding written agreement between the permittee and the proposed transferee containing a specific date for transfer of permit responsibilities and allocation of liabilities between the permittee and the proposed transferee. If the permit is a permit described in part 7001.0020, item A, the commissioner shall comply with the requirements of Minnesota Statutes, section 116.074, before approving the permit modification. The commissioner shall not unreasonably withhold or unreasonably delay approval of the proposed permit modification. If the permit is a permit described in part 7001.0020, item B, the following additional requirements apply:
A. The new owner or operator shall submit a revised permit application to the commissioner no later than 90 days before the scheduled change in ownership or control.
B. The previous owner or operator shall comply with the financial requirements of parts 7045.0498 to 7045.0524 until the new owner or operator has demonstrated compliance with the requirements to the commissioner. The new owner or operator must demonstrate compliance within 180 days after the date of the change in ownership or control of the facility. Upon demonstration of compliance to the commissioner, the commissioner shall notify the previous owner or operator in writing that the owner or operator is no longer required to comply with parts 7045.0498 to 7045.0524.
**Subp. 3. Minor modification.**
Upon obtaining the consent of the permittee, the commissioner may modify a permit to make the following corrections or allowances without following the procedures in parts 7001.0100 to 7001.0130:
A. to correct typographical errors;
B. to change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the permit and does not interfere with the attainment of the final compliance date;
C. to change a provision in the permit that will not result in allowing an actual or potential increase in the emission or discharge of a pollutant into the environment, or that will not result in a reduction of the agency's ability to monitor the permittee's compliance with applicable statutes and rules; and
D. if applicable, to make a change as provided in part 7001.0730, subpart 3; 7001.1150, subpart 2; or 7001.3550, subpart 3.
**Subp. 4. Revocation without reissuance.**
The commissioner shall give notice to the permittee of a proposal to revoke a permit without reissuance. This notice must state that within 30 days of the receipt of the notice the permittee may request a contested case hearing be held on the proposed action. If the permittee requests a contested case hearing, the agency shall hold the hearing in accordance with the rules of the Office of Administrative Hearings, parts 1400.5100 to 1400.8402.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; 11 SR 2415; L 1987 c 186 s 15; 12 SR 1564; 12 SR 2513; 13 SR 1150; 13 SR 2453; 30 SR 529; 33 SR 696*
##### **Minn. R. 7001.0200** Mailing List {#sec-7001.0200 omnilex-key=us-mn-regs-official--agency-167--7001.0200}
A person who desires to receive copies of public notices issued by the commissioner under part 7001.0100, subpart 4 shall submit to the commissioner a written request that the person's name and address be placed on a mailing list kept by the commissioner for the purpose of issuing public notices on permit applications. The person may request notice of all permit applications or may limit the request only to notice of permit applications for facilities or activities of a certain type or for facilities or activities in a defined geographical area. The commissioner shall periodically update this list by mailing to persons on the list a notice asking whether the person wishes to continue to receive notices concerning permit applications. Failure to respond to the commissioner's notice constitutes justification for the commissioner to remove the person's name and address from the list. The commissioner shall also annually publish in the public press and in the State Register notice of the opportunity to be placed on the mailing list.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; L 1987 c 186 s 15*
##### **Minn. R. 7001.0210** General Permits {#sec-7001.0210 omnilex-key=us-mn-regs-official--agency-167--7001.0210}
**Subpart 1. Scope.**
This part applies to the permits listed in part 7001.0020, except for agency permits required for the treatment, storage, and disposal of hazardous waste.
**Subp. 2. Determination by agency.**
If the agency finds that it is appropriate to issue a single permit to a category of permittees whose operations, emissions, activities, discharges, or facilities are the same or substantially similar, the agency shall proceed under subparts 3 to 6. This permit is known as a general permit.
**Subp. 3. Requirements.**
The agency shall not issue a general permit unless the agency finds that:
A. there are several permit applicants or potential permit applicants who have the same or substantially similar operations, emissions, activities, discharges, or facilities;
B. the permit applicants or potential permit applicants discharge, emit, process, handle, or dispose of the same types of waste;
C. the operations, emissions, activities, discharges, or facilities are subject to the same or substantially similar standards, limitations, and operating requirements; and
D. the operations, emissions, activities, discharges, or facilities are subject to the same or substantially similar monitoring requirements.
**Subp. 4. Notice of intent.**
The applicant and the agency shall follow the same procedures to issue a general permit as are required for the issuance of an individual permit. However, to comply with part 7001.0100, subpart 5, item C, the agency shall publish notice of intent to issue a general permit in the State Register.
**Subp. 5. Geographical area.**
A general permit issued by the agency must state specifically the geographical area covered by the permit.
**Subp. 6. Issuance of individual permit.**
If a permit applicant who is eligible to be covered by a general permit requests an individual permit, the agency shall process the application as an application for an individual permit. If the agency finds that the operations, emissions, activities, discharges, or facilities of a permit applicant or a permittee covered by a general permit would be more appropriately controlled by an individual permit, the agency shall issue an individual permit to the applicant or the permittee. Upon issuance of the individual permit, a general permit previously applicable to the permittee no longer applies to that permittee. In considering whether it is appropriate to issue an individual permit, the agency shall consider:
A. whether the operations, emissions, activities, discharges, or facilities of the permit applicant or permittee have characteristics creating the potential for significant environmental effects;
B. whether the permittee has been in compliance with the terms of the general permit and applicable statutes and rules; and
C. whether the operations, emissions, activities, discharges, or facilities have been altered such that they no longer fit within the category covered by the general permit.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2278; 38 SR 1535*
##### **Minn. R. 7001.0500** Scope {#sec-7001.0500 omnilex-key=us-mn-regs-official--agency-167--7001.0500}
Parts 7001.0010 to 7001.0210 and 7001.0500 to 7001.0730 govern the application procedures, the issuance, and the conditions of hazardous waste facility permits. Chapter 7000 and parts 7001.0010 to 7001.0210 and 7001.0500 to 7001.0730 shall be construed to complement each other.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 8 SR 2276; 19 SR 1310*
##### **Minn. R. 7001.0501** Underground Injection {#sec-7001.0501 omnilex-key=us-mn-regs-official--agency-167--7001.0501}
References to underground injection of waste throughout this chapter are subject to Minnesota statutes and rules prohibiting the discharge of waste or pollutants to the saturated or unsaturated zones.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7001.0510** Definitions {#sec-7001.0510 omnilex-key=us-mn-regs-official--agency-167--7001.0510}
The definitions in parts 7001.0010, 7045.0020, and 7045.0552, subpart 2, apply to the terms used in parts 7001.0500 to 7001.0730.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276*
##### **Minn. R. 7001.0520** Permit Requirements {#sec-7001.0520 omnilex-key=us-mn-regs-official--agency-167--7001.0520}
**Subpart 1. Permit required.**
Except as provided in subpart 2, no person may do any of the following without obtaining a hazardous waste facility permit from the agency:
A. treat, store, or dispose of hazardous waste;
B. establish, construct, operate, close, or provide postclosure care at a hazardous waste facility;
C. make an expansion, a production increase, or a process modification that results in new or increased capabilities of a permitted hazardous waste facility; or
D. operate a permitted hazardous waste facility or part of a facility that has been changed, added to, or extended, or that has new or increased capabilities. Owners or operators of surface impoundments, landfills, land treatment units, and waste piles that received wastes after July 26, 1982, or that certified closure according to part 7045.0596, subpart 4, after January 26, 1983, must have a hazardous waste facility permit from the agency, unless they demonstrate closure by removal as provided in subparts 5 and 6. If a permit is required, the permit must address the applicable groundwater monitoring, unsaturated zone monitoring, corrective action, and postclosure care requirements in chapter 7045.
**Subp. 2. Exclusions.**
A person who conducts any of the following activities is not required to obtain a hazardous waste facility permit for that activity:
A. The accumulation by generators of hazardous waste on site within the time limits specified in part 7045.0292.
B. The disposal by farmers of hazardous waste that has been generated by their own use of pesticides as provided in part 7045.0213, subpart 2.
C. The ownership or operation of a totally enclosed treatment facility as defined in part 7045.0020.
D. The storage by transporters of manifested shipments of hazardous waste in containers that meet the requirements of part 7045.0270, subpart 4, at a transfer facility for a period of ten days or fewer as provided in part 7045.0365.
E. An activity conducted to immediately contain or treat a spill or an imminent and substantial threat of a spill of hazardous waste or a material that, when spilled, becomes a hazardous waste. This exclusion does not apply to a person who treats, stores, or disposes of the spilled material or spill residue or debris after the immediate response activities have been completed.
F. The addition of absorbent material to hazardous waste in a container, or the addition of hazardous waste to absorbent material in a container, if the addition occurs at the time waste is first placed in the container, and if the addition is accomplished in accordance with parts 7045.0456, subpart 2, and 7045.0526, subparts 2 and 3.
G. To the extent provided by part 7045.0125, the ownership or operation of a facility that recycles hazardous waste.
H. The management of hazardous waste as provided in part 7045.0120, subpart 1, item L; 7045.0127, subpart 1; 7045.0135, subpart 5, items C and E; or 7045.0218.
I. To the extent provided by part 7045.0675, the ownership or operation of a facility that stores or reclaims hazardous waste for recovery of economically significant amounts of precious metals.
J. To the extent provided in part 7045.0685, the ownership or operation of a facility that stores or reclaims spent lead-acid batteries.
K. Household hazardous waste collection programs meeting the requirements of part 7045.0310.
L. Household battery collection programs meeting the requirements of part 7045.0686.
M. Very small quantity generator hazardous waste collection programs meeting the requirements of part 7045.0320.
N. Universal waste handlers and universal waste transporters, as defined in part 7045.0020, managing universal wastes under part 7045.1400.
**Subp. 3. Permits by rule.**
The owner or operator of the following facilities shall be deemed to have obtained a hazardous waste facility permit without making application for it unless the commissioner finds that the following conditions are not met:
A. Barges or vessels operating in Minnesota that are intended to be operated elsewhere as ocean disposal facilities, if the owner or operator:
B. Publicly owned treatment works that accept hazardous waste for treatment, if the owner or operator:
C. Elementary neutralization, pretreatment, or wastewater treatment units, provided that:
D. That portion of a combustion waste facility that is used to manage hazardous wastes produced in conjunction with the combustion of fossil fuels, if:
E. Containers or tanks where generators mix characteristic hazardous waste as identified in part 7045.0131, subpart 2, with used oil if:
**Subp. 4. Termination of eligibility for permit by rule.**
The eligibility of an owner or operator of an elementary neutralization unit, a pretreatment unit, a wastewater treatment unit, or a combustion waste facility to be permitted under this part is subject to termination by the agency after notice and opportunity for a contested case hearing or a public informational meeting if the agency makes any of the findings set forth in items A to D. An owner or operator whose eligibility to be permitted under this part has been terminated shall apply for and obtain an individual permit under these parts. The following findings constitute justification for the commissioner to commence proceedings to terminate eligibility:
A. that any applicable conditions set forth in subpart 3, item C or D are not met;
B. that the owner or operator has violated a requirement of parts 7045.0652 and 7045.0655;
C. that the owner or operator is conducting other activities that are required to be covered by a hazardous waste facility permit; or
D. that under the circumstances, in order to protect human health or the environment, the permitted facility should be subject to the requirements of parts 7045.0450 to 7045.0551.
**Subp. 5. Closure by removal.**
Owners or operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under parts 7045.0552 to 7045.0649 must obtain a postclosure permit unless they can demonstrate to the agency that the closure met the requirements for closure by removal or decontamination in part 7045.0532, subpart 7; 7045.0534, subpart 7; or 7045.0536, subpart 8. The demonstration may be made in the following ways:
A. If the owner or operator has submitted a Part B application for a postclosure permit, the owner or operator may request a determination, based on information contained in the application, that the applicable closure by removal requirements in part 7045.0532, subpart 7; 7045.0534, subpart 7; or 7045.0536, subpart 8, were met. If the agency determines that the applicable closure by removal requirements were met, the agency will notify the public of this proposed determination, allow for public comment, and reach a final determination as described in subpart 6.
B. If the owner or operator has not submitted a Part B application for a postclosure permit, the owner or operator may petition the agency for a determination that a postclosure permit is not required because closure met the closure by removal requirements in part 7045.0532, subpart 7; 7045.0534, subpart 7; or 7045.0536, subpart 8. The petition must include data demonstrating that the closure by removal or decontamination requirements in part 7045.0532, subpart 7; 7045.0534, subpart 7; or 7045.0536, subpart 8, were met. The agency shall approve or deny the petition as described in subpart 6.
**Subp. 6. Procedures for closure equivalency determination.**
If a facility owner or operator seeks an equivalency demonstration under subpart 5, the agency will proceed as follows:
A. The agency will provide the public, through a notice published in a newspaper of general circulation, the opportunity to submit written comments on the information submitted by the owner or operator. The public comment period will be for 30 days from the date of the notice.
B. The agency will hold a public informational meeting if the agency believes that a meeting will clarify the equivalence of the closure to the applicable closure by removal requirements in part 7045.0532, subpart 7; 7045.0536, subpart 8; or 7045.0534, subpart 7. The agency will give public notice of the meeting at least 30 days before the meeting. Public notice of the meeting may be given at the same time as the notice for comment described in item A, and the two notices may be combined.
C. The agency shall determine whether the closure met the applicable closure by removal or decontamination requirements in part 7045.0532, subpart 7; 7045.0534, subpart 7; or 7045.0536, subpart 8, within 90 days of receipt of the equivalency determination request. If the agency determines that the closure did not meet the applicable closure standards, the agency will provide the owner or operator with a written statement of the reasons why the closure failed to meet the applicable requirements. The owner or operator may submit additional information in support of an equivalency demonstration within 30 days after receiving the agency's written statement. The agency will review any additional information submitted and make a final determination within 60 days. If the agency determines that the facility did not close in accordance with the applicable closure by removal standards in part 7045.0532, subpart 7; 7045.0534, subpart 7; or 7045.0536, subpart 8, the facility is subject to postclosure permitting requirements.
**Subp. 7. Permit denial.**
The commissioner may deny the permit application, whether or not the application is complete, either in its entirety or as to the active life of a hazardous waste management facility or unit only. The denial does not affect the requirement to obtain a postclosure permit under this part.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 116.37*
- *History: 8 SR 2276; 10 SR 1688; 11 SR 1832; L 1987 c 186 s 15; 13 SR 2761; 14 SR 1718; 14 SR 2248; 15 SR 801; 15 SR 1877; 16 SR 2102; 16 SR 2239; 30 SR 43; 33 SR 2042*
##### **Minn. R. 7001.0530** Hazardous Waste Facility Permit Application {#sec-7001.0530 omnilex-key=us-mn-regs-official--agency-167--7001.0530}
**Subpart 1. Form.**
The application for a hazardous waste facility permit consists of Part A and Part B. The information requirements of Part A are set forth in part 7001.0550. The information requirements of Part B are set forth in parts 7001.0560 to 7001.0640. A person who submits Part B of the application shall submit the information required by part 7001.0560 and shall also submit any information required by parts 7001.0570 to 7001.0640 that is applicable to the facility which is the subject of the application.
**Subp. 2. Timing of application.**
Deadlines for the submission of a permit application for existing and new hazardous waste facilities and for reissuance of existing permits are as follows:
A. The owner or operator of an existing hazardous waste facility shall submit Part A of the application to the commissioner on or before the 90th day after April 23, 1984. An owner or operator who has already submitted Part A of the application to the Environmental Protection Agency need not submit Part A of the application to the commissioner if the information submitted to the Environmental Protection Agency is complete with respect to all portions of the facility and all wastes stored, treated, or disposed of at the facility that are subject to regulation under chapter 7045. If the information submitted to the Environmental Protection Agency is not complete, the owner or operator shall submit an amended Part A of the application to the commissioner on or before the 90th day after April 23, 1984. The owner or operator may submit Part B of the application at any time except that upon the request of the commissioner the owner or operator shall submit Part B of the application not later than six months after the date of receipt of the commissioner's request. A later date for submission of Part B for a thermal treatment facility may be made under part 7001.0700, subpart 11.
B. If a person proposes to construct a new hazardous waste facility, the person shall submit Part A and Part B of the application at least 180 days before the planned date of the commencement of facility construction.
C. Part 7001.0040, subpart 3, governs the application for the reissuance of existing permits except as provided in this part. When the commissioner receives a written request that shows good cause for an extension of time to file the application for permit reissuance, the commissioner shall grant the extension if the final date for filing the application does not extend beyond the expiration date of the permit. The application must contain Part B of the application, completed to show all information that is new or different from that contained in previously submitted applications.
**Subp. 3. Updating permit applications.**
An owner or operator of an existing hazardous waste facility who has submitted Part A of the application but has not yet submitted Part B of the application shall submit to the commissioner an amended Part A of the application under the following circumstances:
A. if the submission of an amended application is necessary to comply with part 7001.0650, subpart 5; or
B. if parts 7045.0102 to 7045.0141 are amended to list or designate as hazardous a waste being treated, disposed of, or stored by the owner or operator which was not listed or designated as hazardous at the time the original Part A was submitted. The owner or operator shall file the amended Part A not later than July 23, 1984. An owner or operator who fails to submit an amended Part A when required to do so shall not receive interim status for any wastes not covered by a submitted Part A application.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; L 1987 c 186 s 15; 18 SR 1565*
##### **Minn. R. 7001.0540** Certification of Permit Applications and Reports {#sec-7001.0540 omnilex-key=us-mn-regs-official--agency-167--7001.0540}
A person who signs a permit application or any portion of it or any report required by a permit to be submitted to the commissioner or to the agency shall make the certification required by part 7001.0070 and shall make the following additional certification: "I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Technical documents, such as design drawings and specifications and engineering studies required to be submitted as part of a permit application or by permit conditions, must be certified by a registered professional engineer.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; L 1987 c 186 s 15*
##### **Minn. R. 7001.0550** Contents of Part a of Application {#sec-7001.0550 omnilex-key=us-mn-regs-official--agency-167--7001.0550}
Part A of the application must contain the following information:
A. the information set forth in part 7001.0050;
B. on the topographic map submitted under part 7001.0050, an identification of all wells, springs, and surface water bodies listed in public records or otherwise known to the applicant to exist within one-quarter mile of the property boundaries of the hazardous waste facility;
C. the name, mailing address, and exact location of the hazardous waste facility, including the latitude and longitude of the location;
D. an identification by use of up to four standard industrial classification codes that best reflect the principal products or services provided by the applicant;
E. a list of the waste designated under parts 7045.0102 to 7045.0155 as hazardous to be treated, stored, or disposed of by the applicant and an estimate of the quantity of each hazardous waste to be treated, stored, or disposed of annually by the applicant;
F. a description of the processes to be used for treating, storing, or disposing of hazardous waste, and the design capacity of the facility;
G. whether the facility is new or existing and whether the application is an initial or amended application;
H. if the facility is an existing facility, a scale drawing of the facility showing the location of all past, present, and proposed future treatment, storage, and disposal areas;
I. if the facility is an existing facility, photographs of the facility clearly showing all existing structures; existing treatment, storage, and disposal areas; and sites of proposed future treatment, storage, and disposal areas; and
J. a statement as to which, if any, of the following permits the applicant has applied for or received that pertains to the facility or a portion of the facility that is the subject of the application:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; 16 SR 2102; 18 SR 1059; 33 SR 2042*
##### **Minn. R. 7001.0560** General Information Requirements for Part B of Application {#sec-7001.0560 omnilex-key=us-mn-regs-official--agency-167--7001.0560}
Part B of the application must contain the following information:
A. A general description of the facility, unless an accurate and complete Part A of the application has been submitted.
B. Chemical and physical analyses of the hazardous wastes to be handled at the facility. At a minimum, these analyses must contain all the information that must be known to treat, store, or dispose of the wastes properly in accordance with parts 7045.0450 to 7045.0551.
C. A copy of the waste analysis plan required by part 7045.0458, subpart 2.
D. A description of the security procedures and equipment required by part 7045.0452, subpart 4, or a justification as to why these security procedures are unnecessary at the facility.
E. A copy of the general inspection schedule required by part 7045.0452, subpart 5, item B, including, if applicable, the information in parts 7045.0526, subpart 5; 7045.0528, subpart 7; 7045.0532, subpart 5; 7045.0534, subparts 5 and 6; 7045.0536, subpart 4; 7045.0538, subpart 5; 7045.0539, subpart 3; and 7045.0542, subpart 7; and the process vent and equipment leak standards in Code of Federal Regulations, title 40, sections 264.1033, 264.1052, 264.1053, 264.1058, as amended, and sections 264.1084, 264.1085, 264.1086, and 264.1088, as incorporated in part 7045.0540.
F. A description of procedures, structures, or equipment used at the facility as required to comply with parts 7045.0462 and 7045.0464. If the applicant is requesting a waiver of any of the requirements of part 7045.0462, the applicant shall include a justification for the request.
G. A copy of the contingency plan required by part 7045.0466, including, if applicable, the specific information in part 7045.0532, subpart 6.
H. A description of procedures, structures, or equipment used at the facility to:
I. A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required to demonstrate compliance with part 7045.0456 and documentation of the applicant's compliance with part 7045.0456, subpart 3.
J. A description of the traffic patterns and traffic control at the facility, including a drawing showing traffic lanes, location of traffic control signals, turns across traffic lanes, and location of stacking lanes; estimated traffic volume at the facility; types of vehicles expected to use the facility; and a description of access road surfacing and load bearing capacity.
K. An outline of both introductory and continuing training programs to be conducted by the applicant that are designed in accordance with part 7045.0454 to prepare persons to operate or maintain the hazardous waste facility in a safe manner and a description of how training will be designed in accordance with part 7045.0454, subpart 3, to meet actual job tasks.
L. A copy of the closure plan and, where applicable, the postclosure plan required by parts 7045.0486, 7045.0490, and 7045.0528, subpart 9, including, if applicable, the specific information in parts 7045.0526, subpart 9; 7045.0528, subpart 9; 7045.0532, subpart 7; 7045.0534, subpart 7; 7045.0536, subpart 8; 7045.0538, subpart 7; 7045.0539, subparts 2 and 4; and 7045.0542, subpart 8.
M. For disposal units that have been closed, documentation that a notice has been placed in the deed or appropriate alternative instruments as required by part 7045.0496.
N. The most recent closure cost estimate for the facility prepared in accordance with part 7045.0502 and a copy of the documentation required to demonstrate financial assurance under part 7045.0504. For a new facility, a copy of the required documentation may be submitted 60 days before the initial receipt of hazardous wastes, if that is later than the submission of the Part B.
O. If applicable, the most recent post closure cost estimate for the facility prepared in accordance with part 7045.0506 and a copy of the documentation required to demonstrate financial assurance under part 7045.0508. For a new facility, a copy of the required documentation may be submitted 60 days before the initial receipt of hazardous wastes, if that is later than the submission of the Part B.
P. If applicable, the most recent corrective action cost estimate for the facility prepared in accordance with part 7045.0512 and a copy of the financial assurance mechanism adopted in compliance with part 7045.0514.
Q. If applicable, a copy of the insurance policy or other documentation showing compliance with the requirements of part 7045.0518. For a new facility, the application must contain documentation showing the amount of insurance that meets the specifications of part 7045.0518, subpart 1, and if applicable, part 7045.0518, subpart 2, that the applicant plans to have in effect before initial receipt of hazardous waste for treatment, storage, or disposal. If the applicant desires to request a variance from the insurance requirements under part 7045.0518, subpart 3, the applicant shall include all information required by part 7045.0518, subpart 3, in support of this request.
R. A topographic map showing the facility and the area surrounding the facility for a distance of at least 1,000 feet, using a scale of either 2.5 centimeters equal to not more than 61 meters or one inch equal to not more than 200 feet. The map must include contours having intervals sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. The map must clearly show the following:
S. A statement as to whether the hazardous waste facility is located within a 100-year floodplain, an identification of the source of the data used to make this determination, and copy of the relevant Federal Insurance Administration flood map or other map used to make the determination, and any calculations done to make the determination. If the hazardous waste facility is located within a 100-year floodplain, the applicant shall furnish the following information:
T. Any additional geologic and other location information required to demonstrate compliance with part 7045.0460, subpart 2.
U. Any additional information that the commissioner determines is relevant to a decision on permit issuance, including but not limited to plans, specifications, and waste analyses that are necessary to determine whether the facility will meet all applicable Minnesota and federal statutes and rules.
V. For land disposal facilities, if a case-by-case extension has been approved by the United States Environmental Protection Agency, under Code of Federal Regulations, title 40, section 268.5, or a petition has been granted under part 7045.0075, subpart 9, a copy of the notice of approval for the extension or petition is required.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; 10 SR 1212; 11 SR 2415; L 1987 c 186 s 15; 13 SR 259; 13 SR 1238; 13 SR 2761; 16 SR 2321; 20 SR 715; 29 SR 947; 33 SR 2042*
##### **Minn. R. 7001.0570** Part B Information Requirements for Facilities That Store Containers of Hazardous Waste {#sec-7001.0570 omnilex-key=us-mn-regs-official--agency-167--7001.0570}
Except as otherwise provided in part 7045.0526, subpart 1, if the applicant proposes to store containers of hazardous waste, the applicant shall furnish the following information in addition to the information required by part 7001.0560:
A. A description of the proposed area where the containers will be stored demonstrating that the area complies with part 7045.0526, subpart 6. At a minimum, the description must include:
B. Information on the type of containers to be used and waste types stored in each type of container, including information on size, capacity, construction material of containers, compatibility of waste with the container, and the number and volume of containers to be stored.
C. An operations manual that describes operational and maintenance procedures to be used at the facility to ensure proper management of hazardous waste containers.
D. For storage areas for containers holding wastes that do not contain free liquids, a demonstration of compliance with part 7045.0526, subpart 6, item D, including:
E. For any ignitable, reactive, or incompatible wastes, sketches, drawings, or data that demonstrate compliance with part 7045.0526, subparts 7 and 8, if applicable.
F. For incompatible wastes, a description of the procedures to be used to ensure compliance with parts 7045.0526, subpart 8, and 7045.0456.
G. Information on air emission controls as required in part 7001.0635.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; 33 SR 2042*
##### **Minn. R. 7001.0580** Part B Information Requirements for Storage or Treatment Tanks {#sec-7001.0580 omnilex-key=us-mn-regs-official--agency-167--7001.0580}
Except as otherwise provided in part 7045.0528, subpart 1, if the applicant proposes to use tanks to store or treat hazardous waste, the applicant shall furnish the following information, in writing, in addition to the information required by part 7001.0560:
A. an assessment that is reviewed and certified by an independent, qualified, registered professional engineer as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under part 7045.0528, subparts 2 and 3;
B. the dimensions and capacity of each tank;
C. a description of feed systems, safety cutoff, bypass systems, and pressure controls such as vents for each tank;
D. a diagram of piping, instrumentation, and process flow for each tank system;
E. a description of materials and equipment used to provide external corrosion protection, as required under part 7045.0528, subpart 3, item A, subitem (3);
F. for new tank systems, a detailed description of how the tank systems will be installed in compliance with part 7045.0528, subpart 3, items B to E;
G. detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of part 7045.0528, subpart 4;
H. for tank systems for which a petition from the requirements of part 7045.0528, subpart 4, is sought, as provided in part 7045.0075, subparts 6 and 7:
I. description of controls and practices to prevent spills and overflows, as required under part 7045.0528, subpart 6, item B;
J. for tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of part 7045.0528, subparts 10 and 11; and
K. information on air emission controls as required in part 7001.0635.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; 10 SR 1212; 13 SR 259; 33 SR 2042*
##### **Minn. R. 7001.0590** Part B Information Requirements for Surface Impoundments {#sec-7001.0590 omnilex-key=us-mn-regs-official--agency-167--7001.0590}
Except as otherwise provided in part 7045.0532, subpart 1, if the applicant proposes to store, treat, or dispose of hazardous waste in surface impoundment facilities, the applicant shall submit detailed plans and specifications accompanied by an engineering report which collectively includes the following information in addition to the information required by part 7001.0560:
A. A list of the hazardous wastes placed or to be placed in each surface impoundment.
B. Geologic and hydrogeologic information necessary to demonstrate compliance with part 7045.0532, subpart 2.
C. Detailed plans and an engineering report describing how the surface impoundment is designed, and is or will be constructed, operated, and maintained to meet the requirements of parts 7045.0461 and 7045.0532, subparts 3, 4a, and 4b, addressing the following items:
D. A description of how each surface impoundment, including the double liner system, leak detection system, leachate collection and removal system, cover system, and appurtenances for control of overtopping, will be inspected in order to meet the requirements of part 7045.0532, subpart 5, items A, B, and E. This information must be included in the inspection plan submitted under part 7001.0560, item E.
E. A certification by a registered professional engineer that attests to the structural integrity of each dike, as required under part 7045.0532, subpart 5, item C. For new units, the owner or operator shall submit a statement by a qualified engineer that he or she will provide this certification upon completion of construction in accordance with the plans and specifications as required under part 7045.0532, subpart 5, item C.
F. A certification by a registered professional engineer that attests that the uppermost liner and leak detection, collection, and removal system is intact and remains at design specifications, as required under part 7045.0532, subpart 5, item D. For new units, the owner or operator shall submit a statement by a qualified engineer that he or she will provide this certification upon completion of construction in accordance with the plans and specifications as required under part 7045.0532, subpart 5, item D.
G. A description of the procedure to be used for removing a surface impoundment from service as required under part 7045.0532, subpart 6, items B and C. This information must be included in the contingency plan submitted under part 7001.0560, item G.
H. A description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under part 7045.0532, subpart 7, item A, subitem (1). For any wastes not to be removed from the unit upon closure, the owner or operator shall submit detailed plans and an engineering report to demonstrate compliance with part 7045.0532, subpart 7, items A, subitem (2) and B. This information must be included in the closure plan and, where applicable, in the post closure plan submitted under part 7001.0560, item L.
I. If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of compliance with part 7045.0532, subpart 8.
J. If incompatible wastes, or incompatible wastes and materials will be placed in a surface impoundment, an explanation of compliance with part 7045.0532, subpart 9.
K. A waste management plan for hazardous waste F028 and treatment residues and soil contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of part 7045.0532, subpart 10. This plan must address the following items as specified in part 7045.0532, subpart 10:
L. Information reasonably ascertainable by the owner or operator on the potential for the public to be exposed to hazardous wastes or hazardous waste constituents through releases related to the unit. At a minimum, the information must address:
M. Owners and operators of surface impoundments who have already submitted a Part B application and were required to submit the exposure information required in item L to EPA by Code of Federal Regulations, title 40, section 270.10(j), as amended, must also submit that information to the commissioner.
N. Information on air emission controls as required in part 7001.0635.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 8 SR 2276; 10 SR 1212; 11 SR 1832; L 1987 c 186 s 15; 18 SR 1886; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7001.0600** Part B Information Requirements for Waste Piles {#sec-7001.0600 omnilex-key=us-mn-regs-official--agency-167--7001.0600}
Except as otherwise provided by part 7045.0534, subpart 1, if the applicant proposes to store or treat hazardous waste in waste piles, the applicant shall furnish the information required by items A to M in addition to the information required by part 7001.0560:
A. A list of hazardous wastes placed or to be placed in each waste pile.
B. If an exemption is sought to parts 7045.0534, subparts 2, items A and B, and 3; and 7045.0484 as provided by part 7045.0534, subpart 1, an explanation of compliance with part 7045.0534, subpart 1, items A to D or detailed plans and an engineering report describing how the requirements of part 7045.0534, subpart 1, items A to D will be met.
C. Geologic and hydrogeologic information necessary to demonstrate compliance with part 7045.0534, subpart 2.
D. Detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated, and maintained to meet the requirements of parts 7045.0461 and 7045.0534, subparts 3, 4a, and 5a, addressing the following items:
E. If an exemption from part 7045.0484, subpart 12, item E, is sought as provided by part 7045.0534, subpart 4, detailed plans and an engineering report that describes compliance with part 7045.0534, subpart 4, item A.
F. If an exemption from part 7045.0484 is sought as provided by part 7045.0534, subpart 5, detailed plans and an engineering report that describes compliance with part 7045.0534, subpart 5, item A.
G. A description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and runoff, will be inspected in order to meet the requirements of part 7045.0534, subpart 6, items A, B, and C. This information must be included in the inspection plan submitted under part 7001.0560, item E. If an exemption is sought to part 7045.0484 under part 7045.0534, subpart 5, describe in the inspection plan how the inspection requirements comply with part 7045.0534, subpart 5, item A, subitem (2).
H. If treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quality of the residuals.
I. If ignitable or reactive wastes are to be placed in a waste pile, an explanation of compliance with the requirements of part 7045.0534, subpart 8.
J. If incompatible wastes, or incompatible wastes and materials will be placed in a waste pile, an explanation of compliance with part 7045.0534, subpart 9.
K. A description of how hazardous waste residues and contaminated materials will be removed from the waste pile at closure, as required under part 7045.0534, subpart 7, item A. For any waste not to be removed from the waste pile upon closure, the owner or operator shall submit detailed plans and an engineering report describing compliance with part 7045.0534, subpart 7, items A and B. This information must be included in the closure plan and, where applicable, the post closure plan submitted under part 7001.0560, item L.
L. A waste management plan for hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, describing how a waste pile that is not enclosed is or will be designed, constructed, operated, and maintained to meet the requirements of part 7045.0534, subpart 10. This submission must address the following items as specified in part 7045.0534, subpart 10:
M. A description of how each waste pile, including the liners and appurtenances for control of run on and runoff will be inspected in order to meet the requirements of part 7045.0534, subpart 6. This information shall be included in the inspection plan required by part 7001.0560, item E.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 8 SR 2276; 10 SR 1212; 11 SR 1832; 18 SR 1886; 33 SR 2042*
##### **Minn. R. 7001.0610** Part B Information Requirements for Land Treatment {#sec-7001.0610 omnilex-key=us-mn-regs-official--agency-167--7001.0610}
Except as otherwise provided by part 7045.0536, subpart 1, if the applicant proposes to use land treatment to dispose of hazardous waste, the applicant shall furnish the information designated in items A to I in addition to the information required by part 7001.0560:
A. A description of plans to conduct a treatment demonstration as required under part 7045.0536, subpart 3. The description must include the following information:
B. A description of a land treatment program as required under part 7045.0536, subpart 2. This information must be submitted with the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment program must address the following items:
C. A description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the requirements of part 7045.0536, subpart 4. This submission must address the following items:
D. If food chain crops might be grown in or on the treatment zone of the land treatment unit, a description of how the demonstrations required under part 7045.0536, subpart 5, will be conducted including:
E. If food chain crops are to be grown after closure, a description of compliance with the requirements of part 7045.0536, subpart 5.
F. A description of the vegetative cover to be applied to closed portions of the facility, and a plan for maintaining this cover during the post closure care period as required under part 7045.0536, subpart 8, items A, subitem (8), and C, subitem (2). This information must be included in the closure plan and, where applicable, in the post closure care plan submitted under part 7001.0560, item L.
G. If ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of compliance with the requirements of part 7045.0536, subpart 9.
H. If incompatible wastes or incompatible wastes and materials will be placed in or on the same treatment zone, an explanation of compliance with part 7045.0536, subpart 10.
I. A waste management plan for hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, describing how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of part 7045.0536, subpart 11. This plan must address the following items as specified in part 7045.0536, subpart 11:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; 10 SR 1212; 33 SR 2042*
##### **Minn. R. 7001.0620** Part B Information Requirements for Landfills {#sec-7001.0620 omnilex-key=us-mn-regs-official--agency-167--7001.0620}
Except as otherwise provided by part 7045.0538, subpart 1, if the applicant proposes to dispose of hazardous waste in a landfill, the applicant shall furnish the information designated in items A to L in addition to the information required by part 7001.0560:
A. A list of the hazardous wastes placed or to be placed in each landfill or landfill cell.
B. Geologic and hydrogeologic information necessary to demonstrate compliance with part 7045.0538, subpart 2.
C. Detailed plans and an engineering report describing how the landfill is designed and is or will be constructed, operated, and maintained to meet the requirements of parts 7045.0461 and 7045.0538, subparts 3, 4a, and 5, addressing the following items:
D. A description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and runoff, will be inspected in order to meet the requirements of part 7045.0538, subpart 5, items A, B, and C. This information must be included in the inspection plan submitted under part 7001.0560, item E.
E. Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with part 7045.0538, subpart 7, item A, and a description of how each landfill will be maintained and monitored after closure in accordance with part 7045.0538, subpart 7, item B. This information must be included in the closure and post closure plans submitted under part 7001.0560, item L.
F. If ignitable or reactive wastes will be landfilled, an explanation of compliance with the requirements of part 7045.0538, subpart 8.
G. If incompatible wastes or incompatible wastes and materials will be landfilled, an explanation of compliance with part 7045.0538, subpart 9.
H. If bulk or noncontainerized liquid waste or waste containing free liquids were landfilled before May 8, 1985, and an explanation of compliance with the requirements of part 7045.0538, subpart 10 was submitted to EPA by Code of Federal Regulations, title 40, section 270.21(h), as amended, that explanation must also be submitted to the commissioner.
I. If containers of hazardous waste are to be landfilled, an explanation of compliance with the requirements of part 7045.0538, subpart 11 or 12, as applicable.
J. A waste management plan for hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, describing how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of part 7045.0538, subpart 13. This plan must address the following items as specified in part 7045.0538, subpart 13:
K. Information reasonably ascertainable by the owner or operator on the potential for the public to be exposed to hazardous constituents through releases related to the unit. At a minimum, the information must address:
L. Owners or operators of a landfill who have already submitted a Part B application and were required to submit the exposure information required in item K to EPA by Code of Federal Regulations, title 40, section 270.10(j), as amended, must also submit that information to the commissioner.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 8 SR 2276; 10 SR 1212; 11 SR 1832; L 1987 c 186 s 15; 18 SR 1565; 18 SR 1886; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7001.0623** Part B Information Requirements for Drip Pads {#sec-7001.0623 omnilex-key=us-mn-regs-official--agency-167--7001.0623}
**Subpart 1. Federal regulations adopted by reference.**
Except as provided in part 7045.0450, subparts 1 and 3, owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads must provide to the commissioner the information required in Code of Federal Regulations, title 40, section 270.26, as amended, except subsection 270.26(b).
**Subp. 2. Exceptions to adopted federal regulations.**
Where the federal regulations adopted in subpart 1 refer to other federal regulations, the other federal regulations referred to are superseded by their corresponding state rules. Where no corresponding state rule exists, the federal regulations referred to do not apply.
**Subp. 3. Effective date.**
This part is effective July 25, 1994.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1751*
##### **Minn. R. 7001.0625** Part B Information Requirements for Miscellaneous Units {#sec-7001.0625 omnilex-key=us-mn-regs-official--agency-167--7001.0625}
Except as otherwise provided in part 7045.0539, if the applicant proposes to treat, store, or dispose of hazardous waste in miscellaneous units, the applicant shall furnish the information in items A to E in addition to the information required by part 7001.0560:
A. A detailed description of the unit being used or proposed for use, including the following:
B. Detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of part 7045.0539, subpart 2. If the applicant can demonstrate that the applicant does not violate the environmental performance standards of part 7045.0539, subpart 2, and the commissioner agrees with the demonstration, then preliminary hydrologic, geologic, and meteorologic assessments will suffice.
C. Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of the exposures.
D. For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data.
E. Any additional information determined by the commissioner to be necessary for evaluation of compliance of the unit with the environmental performance standards of part 7045.0539, subpart 2.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 13 SR 2761*
##### **Minn. R. 7001.0626** Federal Part B Information Requirements for Process Vents {#sec-7001.0626 omnilex-key=us-mn-regs-official--agency-167--7001.0626}
**Subpart 1. Federal regulation adopted.**
If the applicant proposes to treat, store, or dispose of hazardous waste in a facility that uses process vents, as defined in Code of Federal Regulations, title 40, section 264.1031, as amended, the applicant must supply the information required by Code of Federal Regulations, title 40, section 270.24, Specific Part B Information Requirements for Process Vents, as amended.
**Subp. 2. Exceptions to adopted federal regulation.**
Exceptions to the federal regulation adopted in subpart 1 are as follows:
A. references in the adopted regulation to other federal regulations also refer to the corresponding Minnesota rules; and
B. references in the adopted regulation to "regional administrator" mean "agency commissioner."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2321*
##### **Minn. R. 7001.0627** Federal Part B Information Requirements for Equipment {#sec-7001.0627 omnilex-key=us-mn-regs-official--agency-167--7001.0627}
**Subpart 1. Federal regulation adopted.**
If the applicant proposes to treat, store, or dispose of hazardous waste in a facility that uses equipment as defined in Code of Federal Regulations, title 40, section 264.1031, as amended, the applicant must supply the information required by Code of Federal Regulations, title 40, section 270.25, Specific Part B Information Requirements for Equipment, as amended.
**Subp. 2. Exceptions to adopted federal regulation.**
Exceptions to the federal regulation adopted in subpart 1 are as follows:
A. references in the adopted regulation to other federal regulations also refer to the corresponding Minnesota rules; and
B. references in the adopted regulation to "regional administrator" mean "agency commissioner."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2321*
##### **Minn. R. 7001.0630** Part B Information and Special Procedural Requirements for Thermal Treatment Facilities {#sec-7001.0630 omnilex-key=us-mn-regs-official--agency-167--7001.0630}
Except as provided in part 7045.0542, subpart 1, if the applicant proposes to treat or dispose of hazardous waste by using thermal treatment, the applicant shall fulfill the requirements of item A, B, or C in addition to the information requirements of part 7001.0560, and the commissioner shall fulfill the requirements of item D:
A. If the applicant is seeking the exemption provided by part 7045.0542, subpart 1, item B or C, relating to ignitable, corrosive, or reactive wastes, the applicant shall submit documentation showing that the waste includes none or insignificant concentrations of the hazardous constituents listed in part 7045.0141, and one of the following:
B. The applicant shall submit results of a trial burn conducted in accordance with part 7001.0700, including all the determinations required by part 7001.0700, subpart 6.
C. The applicant shall perform an analysis of each waste or mixture of waste to be treated by using the analytical techniques set forth in the Environmental Protection Agency document SW-846, as incorporated in part 7045.0065, or by using techniques found by the commissioner to be equivalent to them. The applicant shall submit all of the following information:
D. If the applicant has proceeded under item A or B, the commissioner shall review the Part B application for completeness in accordance with part 7001.0090. If the applicant has proceeded under item C, the commissioner shall review the Part B application for completeness. The commissioner shall find the application complete if the commissioner finds:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; L 1987 c 186 s 15; 33 SR 2042*
##### **Minn. R. 7001.0635** Specific Part B Information Requirements for Air Emission Controls for Tanks, Surface Impoundments, and Containers {#sec-7001.0635 omnilex-key=us-mn-regs-official--agency-167--7001.0635}
Except as otherwise provided in part 7045.0450, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of part 7045.0540 must provide the additional information described in items A to G.
A. Documentation for each floating roof cover installed on a tank subject to Code of Federal Regulations, title 40, section 264.1084(d)(1) or (d)(2), as incorporated in part 7045.0540, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications under Code of Federal Regulations, title 40, section 264.1084(e)(1) or (f)(1), as incorporated in part 7045.0540.
B. Identification of each container area subject to the requirements of part 7045.0540 and certification by the owner or operator that the requirements of this part are met.
C. Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of Code of Federal Regulations, title 40, section 264.1084(d)(5) or 264.1086(e)(1)(ii), as incorporated in part 7045.0540, that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T - Criteria for and Verification of a Permanent or Temporary Total Enclosure" under Code of Federal Regulations, title 40, section 52.741, Appendix B, as amended.
D. Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of Code of Federal Regulations, title 40, section 264.1085(c), as incorporated in part 7045.0540, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications under Code of Federal Regulations, title 40, section 264.1085(c)(1), as incorporated in part 7045.0540.
E. Documentation for each closed-vent system and control device installed in accordance with the requirements of Code of Federal Regulations, title 40, section 264.1087, as incorporated in part 7045.0540, that includes design and performance information as specified in Code of Federal Regulations, title 40, section 270.24(c) and (d), as amended.
F. An emission monitoring plan for both Code of Federal Regulations, title 40, part 60, Appendix A, Method 21, as amended, and control device monitoring methods. This plan shall include the following information: monitoring points, monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliances.
G. The schedule of implementation required under Code of Federal Regulations, title 40, section 265.1082, as incorporated in part 7045.0645, when an owner or operator of a facility subject to part 7045.0645 cannot comply with part 7045.0540 by the date of permit issuance.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7001.0640** Additional Part B Information Requirements for Surface Impoundments, Waste Piles, Land Treatment Units, and Landfills {#sec-7001.0640 omnilex-key=us-mn-regs-official--agency-167--7001.0640}
**Subpart 1. Groundwater protection.**
The additional information designated in items A to H regarding protection of groundwater is required from owners or operators of hazardous waste facilities containing surface impoundments, waste piles, land treatment units, and landfills, except as otherwise provided in part 7045.0484, subpart 1, item B, and must be submitted with Part B of the permit application. The following information is in addition to the information requirements of parts 7001.0560, 7001.0590, 7001.0600, 7001.0610, and 7001.0620:
A. A summary of the groundwater monitoring data obtained during the interim status period under parts 7045.0590 and 7045.0592, if applicable.
B. Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including groundwater flow directions and rates, and the basis for the identification, such as the information being obtained from hydrogeologic investigations of the facility area.
C. On the topographic map required under part 7001.0560, item R, a delineation of the waste management area, the property boundary, the proposed "point of compliance" as defined under part 7045.0484, subpart 9, the proposed location of groundwater monitoring wells as required under part 7045.0484, subpart 11, and, to the extent possible, the information required in item B.
D. A description of any plume of contamination that has entered the groundwater from a regulated unit at the time that the application is submitted that:
E. Detailed plans and an engineering report describing the proposed groundwater monitoring program to be implemented to meet the requirements of part 7045.0484, subpart 11.
F. Sufficient information, supporting data, and analyses to establish a detection monitoring program that meets the requirements of part 7045.0484, subpart 12, including:
G. Sufficient information, supporting data, and analyses to establish a compliance monitoring program that meets the requirements of part 7045.0484, subpart 13, including:
H. For each solid waste management unit at a facility seeking a permit:
**Subp. 2. Corrective action program.**
The owner or operator of a hazardous waste surface impoundment, waste pile, land treatment unit, or landfill shall submit to the commissioner with Part B of the permit application sufficient information, supporting data, and analyses to establish a corrective action program that meets the requirements of part 7045.0484, subpart 14. The submittal must demonstrate that corrective action is feasible if the groundwater protection standard is exceeded. To demonstrate compliance with part 7045.0484, subpart 14, the owner or operator shall address the following items:
A. a characterization of any contaminated groundwater, including concentrations of hazardous constituents;
B. the concentration limit for each hazardous constituent as set forth in part 7045.0484, subparts 6 and 7;
C. detailed plans and an engineering report describing the corrective action to be taken;
D. a description of how the groundwater monitoring program will assess the adequacy of the corrective action;
E. an estimate of the time which may be necessary to complete corrective action; and
F. an estimate of the cost for completing such corrective action. The permit may contain a schedule for submittal of the information required in items C and D if the owner or operator obtains written authorization from the commissioner before submitting the complete permit application.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; L 1987 c 186 s 15; 13 SR 577; 13 SR 2761; 15 SR 1878*
##### **Minn. R. 7001.0650** Interim Status {#sec-7001.0650 omnilex-key=us-mn-regs-official--agency-167--7001.0650}
**Subpart 1. Qualifying for interim status.**
Except as provided in subpart 2, during the period after the submission of Part A of a hazardous waste facility permit application to the Environmental Protection Agency or to the commissioner and before a final determination by the agency on the permit application, the owner or operator of an existing hazardous waste facility or a facility in existence on the effective date of statutory or regulatory amendments under the Resource Conservation and Recovery Act that render the facility subject to the requirement to have a hazardous waste facility permit shall be considered to be in compliance with the requirement to obtain a permit if the commissioner finds that the Environmental Protection Agency has granted the owner or operator interim status or if the commissioner finds:
A. that the owner or operator has submitted a timely and complete Part A of the hazardous waste facility permit application to the Environmental Protection Agency or to the commissioner;
B. that the owner or operator is in compliance with parts 7045.0552 to 7045.0649;
C. that the agency or the EPA has not previously refused to issue a new or modified hazardous waste facility permit for the facility; and
D. that the agency or the EPA has not previously revoked without reissuance a hazardous waste facility permit for the facility.
**Subp. 2. Failure to obtain interim status from EPA.**
Notwithstanding the provisions of subpart 1, an owner or operator of a hazardous waste facility who, before April 23, 1984, was required to apply for and obtain interim status from the Environmental Protection Agency but who failed to obtain this interim status is not eligible to obtain interim status from the agency for that facility.
**Subp. 3. Notification of failure to qualify for interim status.**
If the commissioner determines that an owner or operator of an existing hazardous waste facility does not qualify for interim status under subpart 1, the commissioner shall notify the owner or operator in writing of the failure to qualify for interim status and the reason for the failure. The notification must also include a statement that the owner or operator is subject to agency remedies for violation of agency rules, including the requirement of part 7001.0520 to obtain a permit. The owner or operator has 30 days from receipt to respond to the notification and to explain or cure the alleged deficiency in the Part A application. If after such notification and opportunity for response, the commissioner determines that the application is deficient, appropriate enforcement action may be taken.
**Subp. 4. Prohibitions.**
During the interim status period, an owner or operator shall not:
A. treat, store, or dispose of a hazardous waste not specified in Part A of the application;
B. employ processes not specified in Part A of the permit application;
C. exceed the design capacities specified in Part A of the application; or
D. alter a hazardous waste facility in a manner that amounts to a reconstruction of the facility. For the purpose of this part, reconstruction occurs when the capital investment in the modification of the facility exceeds 50 percent of the capital cost of a comparable new hazardous waste facility. Reconstruction does not include changes made solely for the purpose of complying with the requirements of part 7045.0628, subpart 4, for tanks and ancillary equipment, or to treat or store in containers, tanks, or containment buildings hazardous wastes subject to the land disposal restrictions under part 7045.1390 or RCRA section 3004, if the changes are made solely to comply with part 7045.1390 or RCRA section 3004.
**Subp. 5. Changes during interim status.**
Except as provided in item F, an owner or operator who has interim status may conduct the activities prescribed in items A to F.
A. The owner or operator may treat, store, or dispose of hazardous wastes not previously specified in Part A of the application if the owner or operator submits a revised Part A of the permit application before commencement of the treatment, storage, or disposal.
B. The owner or operator may increase the design capacity of the facility if, before implementation of the increase, the owner or operator submits a revised Part A of the permit application and an explanation of the need for the change, and if the commissioner approves the increase in writing. The commissioner shall approve the change if the commissioner finds that:
C. The owner or operator may add new processes or change the processes for the treatment, storage, or disposal of hazardous waste if, before implementation of the addition or change, the owner or operator submits a revised Part A of the permit application and an explanation of the need for the addition, and if the commissioner approves the addition or change in writing. The commissioner shall approve the addition or change if the commissioner finds that:
D. Changes in the ownership or operational control of a facility may be made if the new owner or operator submits a revised Part A of the permit application not later than 90 days before the scheduled change. When a transfer of ownership or operational control of a facility occurs, the former owner or operator shall comply with the requirements of parts 7045.0608 to 7045.0624 that relate to financial requirements, until the new owner or operator has provided to the commissioner a demonstration of compliance with parts 7045.0608 to 7045.0624. The new owner or operator must demonstrate compliance within six months. All other interim status duties must be transferred immediately upon the change of ownership or operational control of the facility. If the commissioner finds that the new owner or operator has complied with parts 7045.0608 to 7045.0624, the commissioner shall notify the former owner or operator in writing that the required demonstration by the new owner or operator has been made and the former owner or operator no longer needs to comply with parts 7045.0608 to 7045.0624 as of the date of the demonstration.
E. Changes may be made according to an interim status corrective action order issued by EPA under United States Code, title 42, section 3008(h), as amended, or other federal authority, by the agency, or by a court in a judicial action brought by EPA or the agency. Changes under this item are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.
F. Except as specifically allowed under this item, changes listed under items A to E may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following changes may be made even if they amount to reconstruction:
**Subp. 6. Compliance with interim status standards.**
During the interim status period the owner or operator shall comply with the interim status standards in parts 7045.0552 to 7045.0649.
**Subp. 7. Termination of interim status.**
Interim status terminates automatically when the agency has taken final administrative action on the permit application or when terminated by Code of Federal Regulations, title 40, section 270.73(c) to (g), as amended. The following constitute justification for the commissioner to commence proceedings to terminate interim status:
A. the commissioner finds that the applicant has failed to furnish a full and complete Part B of the permit application within the time allowed by part 7001.0530, subpart 2, item A; or
B. the commissioner finds that the owner or operator is in violation of any of the requirements of parts 7045.0552 to 7045.0649.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 8 SR 2276; 10 SR 70; 11 SR 1832; 11 SR 2415; L 1987 c 186 s 15; 13 SR 259; 13 SR 1238; 14 SR 976; 16 SR 2239; 20 SR 715; 28 SR 1482; 33 SR 2042*
##### **Minn. R. 7001.0660** Preliminary Determination, Draft Permit, and Public Comments {#sec-7001.0660 omnilex-key=us-mn-regs-official--agency-167--7001.0660}
The provisions of parts 7001.0100 and 7001.0110 are applicable to the public notice of draft permits and preliminary determinations, the use of fact sheets concerning hazardous waste facilities, and public comments, except as specifically otherwise provided as follows:
A. The commissioner shall prepare a fact sheet for each draft permit which relates to a hazardous waste facility that the commissioner finds to be major based on a review of the potential impacts of the facility on the environment.
B. Notwithstanding the provisions of part 7001.0100, subpart 4, the public notice period concerning a complete permit application and the commissioner's preliminary determination as to whether the permit should be issued or denied shall be 45 days.
C. In addition to the requirements of part 7001.0100, the commissioner shall mail a copy of the public notice and, if a fact sheet is prepared, a copy of the fact sheet to the persons described in subitems (1) to (5), as follows. The commissioner shall also mail a copy of the permit application and the draft permit to the applicant and to the persons described in subitems (3), (4), and (5), as follows:
D. In addition to the requirements of part 7001.0100, subpart 5, the commissioner shall publish notice of the permit application in a major daily or weekly local newspaper that has general circulation in the geographical area in which the proposed hazardous waste facility is located and shall broadcast this notice over at least one local radio station.
E. Prior to final agency action on a permit application, the commissioner or the agency shall respond to comments received during the public comment period or during any public informational meeting or contested case hearing held on the matter. This response shall state what action, if any, the commissioner or the agency will take as a result of the comments. Responses to comments must be available to the public.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; L 1987 c 186 s 15*
##### **Minn. R. 7001.0670** Public Informational Meetings and Contested Case Hearings {#sec-7001.0670 omnilex-key=us-mn-regs-official--agency-167--7001.0670}
**Subpart 1. Requests.**
A request for a public informational meeting or a contested case hearing on the application must be made in writing during the public comment period provided in part 7001.0660, item B and must contain the information specified in part 7001.0110, subpart 3. The agency shall grant or deny a request for a contested hearing in accordance with part 7001.0130. If the request is for a public informational meeting or if a request for a contested case hearing is denied, the agency shall hold a public informational meeting.
**Subp. 2. Preparation of public notice.**
If a contested case hearing or public informational meeting is to be held, the commissioner shall prepare a public notice in accordance with parts 7001.0120 and 7001.0130. The public notice must continue for at least 30 days before the public informational meeting or contested case hearing.
**Subp. 3. Mailing of public notice.**
The commissioner shall comply with the requirements of part 7001.0120, subpart 4 or 7001.0130, subpart 4, whichever is applicable, and shall also mail a copy of the public notice to the following:
A. to the governing body of each county and city or township that has jurisdiction over the area where the facility is located or proposed to be located;
B. to each state agency that has authority under Minnesota laws with respect to the construction or operation of the facility which is the subject of the public informational meeting or contested case hearing;
C. to all federal and state agencies that have jurisdiction over fish, shellfish, and wildlife resources in the area where the facility is located or proposed to be located;
D. to the state Advisory Council on Historic Preservation, the state historic preservation officers, and any other government official, including officials in other states, whom the commissioner determines may have an interest in the permit application;
E. to the Environmental Protection Agency and any other federal agency that has issued or is required to issue a permit in connection with the facility which is the subject of the public informational meeting or contested case hearing; and
F. to all persons who have registered their names on the mailing list established under part 7001.0200.
**Subp. 4. Distribution of public notice.**
The commissioner shall comply with the requirements of part 7001.0120, subpart 4 or 7001.0130, subpart 4, whichever is applicable, and shall also publish notice of the public informational meeting or contested case hearing in a daily or weekly major newspaper that has general circulation in the geographical area in which the facility is located or proposed to be located and shall broadcast this notice over at least one local radio station.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; L 1987 c 186 s 15*
##### **Minn. R. 7001.0680** Final Determination {#sec-7001.0680 omnilex-key=us-mn-regs-official--agency-167--7001.0680}
**Subpart 1. In general.**
Except as provided in subpart 2 or 3, the agency shall issue all hazardous waste facility permits in accordance with part 7001.0140.
**Subp. 2. Draft permit for new hazardous waste thermal treatment facility.**
For a draft permit that concerns a new hazardous waste thermal treatment facility prepared under part 7001.0700, the agency shall issue a hazardous waste facility permit authorizing construction and operation of the proposed facility, requiring the permittee to conduct trial burns, and requiring submission of the results of the trial burns if the agency finds that the proposed facility is likely to qualify for a permit authorizing the operation of the facility under appropriate operating conditions as required by part 7045.0542, subpart 6, and as necessary for the permittee to comply with the performance standards set forth in part 7045.0542, subpart 4. This permit is subject to modification of the operating conditions to reflect the results of the trial burn and to ensure compliance with the standards set forth in part 7045.0542.
**Subp. 3. Draft short-term demonstration or two-phase permit for land treatment facility.**
For a draft short-term demonstration or two-phase permit concerning a new hazardous waste land treatment facility prepared under part 7001.0710, the agency shall issue a hazardous waste facility permit authorizing the treatment demonstration and requiring submission of the results of the demonstration if the agency finds that the proposed facility is likely to qualify for a permit authorizing the operation of the facility under appropriate operating conditions as required by part 7045.0536, subpart 4, and as necessary for the permittee to comply with the groundwater protection standards of part 7045.0484 and the performance standards set forth in part 7045.0536. This two-phase permit is subject to modification of the operating conditions to reflect the results of the treatment demonstration and to ensure compliance with the standards set forth in parts 7045.0484 and 7045.0536.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276*
##### **Minn. R. 7001.0690** Emergency Permits {#sec-7001.0690 omnilex-key=us-mn-regs-official--agency-167--7001.0690}
**Subpart 1. Issuance.**
Notwithstanding any other provision of parts 7001.0010 to 7001.0210 or 7001.0500 to 7001.0730, if the commissioner finds that there is an imminent and substantial danger to human health or the environment, the commissioner may issue a temporary emergency permit to the owner or operator of a facility to allow treatment, storage, or disposal of a hazardous waste which the owner or operator is not otherwise permitted to treat, store, or dispose. This permit is contingent upon the approval of the agency.
**Subp. 2. Oral or written permission.**
The emergency permit must be issued in writing, except that emergency permission to treat, store, or dispose of the hazardous waste may be given orally if circumstances warrant. If oral permission is given, the commissioner shall, within five days after the date of giving of permission, issue a written permit.
**Subp. 3. Duration.**
The emergency permit may not exceed 90 days in duration.
**Subp. 4. Specifications.**
The emergency permit must clearly specify the hazardous waste to be received and the manner and location of its treatment, storage, or disposal.
**Subp. 5. Termination.**
The emergency permit is subject to termination at any time if the commissioner determines that termination is appropriate to protect human health or the environment.
**Subp. 6. Requirements.**
The emergency permit must incorporate, to the extent possible under the circumstances, all applicable requirements of parts 7001.0500 to 7001.0730, 7045.0450 to 7045.0551, 7045.0652, and 7045.0655.
**Subp. 7. Notification to public.**
At the time the commissioner issues an emergency permit the commissioner shall also notify the public of the emergency issuance of the permit. This notification must include:
A. the address and telephone number of the main agency office and the applicable regional office and the name of a person who may be contacted for additional information;
B. the name and location of the permitted hazardous waste facility;
C. a brief description of the wastes involved;
D. a brief description of the action authorized and the reasons for authorizing it; and
E. the duration of the emergency permit.
**Subp. 8. Agency approval.**
The commissioner shall present the permit to the agency for approval at its next meeting. If no final action is taken by the agency at this meeting, the permit continues in effect until its expiration date or until the agency takes final action, whichever occurs first.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; L 1987 c 186 s 15; 33 SR 2042*
##### **Minn. R. 7001.0700** Hazardous Waste Thermal Treatment Facility Permits {#sec-7001.0700 omnilex-key=us-mn-regs-official--agency-167--7001.0700}
**Subpart 1. Phase one requirements.**
In the permit for a new hazardous waste thermal treatment facility, for the purpose of determining operational readiness following completion of physical construction, the commissioner shall establish permit conditions, including but not limited to, allowable waste feeds and operating conditions. These permit conditions are effective for the minimum time required to bring the thermal treatment facility to a point of operational readiness sufficient to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The commissioner may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to part 7001.0730, subpart 4, item H.
Applicants shall submit to the commissioner a statement, with Part B of the permit application, that suggests the conditions necessary to operate in compliance with the performance standards of part 7045.0542, subpart 4, during this period. This statement must include restrictions on waste constituents, waste feed rates, and the operating parameters identified in part 7045.0542, subpart 6.
The commissioner shall review this statement and other relevant information submitted with Part B of the permit application, and shall specify requirements for this period that are sufficient to meet the performance standards of part 7045.0542, subpart 4.
**Subp. 2. Phase two requirements.**
In the permit for a new hazardous waste thermal treatment facility, for the purposes of determining the feasibility of compliance with the performance standards of part 7045.0542, subpart 4, and of determining the adequate operating conditions under part 7045.0542, subpart 6, the commissioner shall establish permit conditions to be effective during the trial burn.
**Subp. 3. Trial burn plan.**
An applicant shall submit to the commissioner a trial burn plan with Part B of the permit application. The trial burn plan must include the following information:
A. the results of an analysis of each waste or mixture of wastes to be burned, that uses the analytical techniques set forth in the United States Environmental Protection Agency document SW-846 as incorporated in part 7045.0065 or that uses analytical techniques found by the commissioner to be equivalent to them. This analysis must include:
B. a detailed engineering description of the thermal treatment unit for which the permit is sought, including:
C. a detailed engineering description of air pollution control equipment and stack gas monitoring equipment and pollution control monitoring systems, including:
D. a detailed description of sampling and monitoring procedures, including sampling and monitoring locations, the equipment to be used, frequency of sampling and monitoring, and planned procedures for sample analysis;
E. a detailed test schedule for each waste for which the trial burn is planned, including date, duration, quantity of waste to be burned, and other factors relevant to the agency's decision under subpart 5;
F. a detailed test protocol, including, for each waste identified, the ranges of temperatures, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the thermal treatment unit;
G. a description of, and planned operating conditions for, emission control equipment that will be used;
H. procedures for rapidly stopping waste feed, for shutting down the thermal treatment unit, and for controlling emissions in the event of an equipment malfunction; and
I. other information as the commissioner finds is reasonably necessary to determine whether to approve the trial burn plan in light of the purposes of subpart 2 and the criteria in subpart 5.
**Subp. 4. Review of trial burn plan.**
The commissioner shall review the trial burn plan for completeness. If the commissioner finds that the trial burn plan is incomplete or otherwise deficient, the commissioner shall promptly advise the owner or operator of the incompleteness or deficiency. The commissioner shall suspend further processing of the trial burn plan until the owner or operator has supplied the necessary information or otherwise corrected the deficiency.
The commissioner shall designate as trial principal organic hazardous constituents those constituents for which destruction and removal efficiencies must be calculated during the trial burn. The commissioner's designations shall be based on the waste analysis data submitted by the owner or operator, the commissioner's estimate of the difficulty of thermally treating the hazardous constituents to be burned, and the concentration or mass of hazardous constituents in the proposed waste feed. In addition, if the waste analysis indicates that the waste feed contains wastes that are listed in part 7045.0135, then in making principal organic hazardous constituents determinations the commissioner shall consider the hazardous organic waste constituents identified in part 7045.0139 that formed the basis of this listing.
**Subp. 5. Approval of trial burn plan.**
The agency shall approve a trial burn plan if the agency finds that:
A. the trial burn is likely to determine whether the thermal treatment performance standards in part 7045.0542, subpart 4, can by met by the proposed thermal treatment facility;
B. the trial burn itself will not present an imminent hazard to human health or the environment;
C. the trial burn will aid the commissioner in determining operating requirements to be specified under part 7045.0542, subpart 6; and
D. the information sought in items A and C cannot be developed through other means.
**Subp. 6. Conduct of trial burn.**
The owner or operator shall conduct the trial burn in accordance with the trial burn plan approved by the agency. The owner or operator shall perform the following analyses or make the following determinations:
A. a quantitative analysis of the trial principal organic hazardous constituents in the waste feed to the thermal treatment unit;
B. a quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial principal organic hazardous constituents, oxygen, and hydrogen chloride;
C. a quantitative analysis of the scrubber water, if any, ash residues, and other residues, for the purpose of estimating the fate of the trial principal organic hazardous constituents;
D. a computation of destruction and removal efficiency, in accordance with the formula specified in part 7045.0542, subpart 4, item A;
E. if the hydrogen chloride emission rate exceeds 1.8 kilograms of hydrogen chloride per hour (four pounds per hour), a computation of hydrogen chloride removal efficiency, in accordance with part 7045.0542, subpart 4, item B;
F. a computation of particulate emissions, in accordance with part 7045.0542, subpart 4, item C;
G. an identification of sources of fugitive emissions and the means of control thereof;
H. a measurement of average, maximum, and minimum temperatures of the thermal treatment zone and combustion gas velocity;
I. a continuous measurement of carbon monoxide, oxygen, and carbon dioxide in the exhaust gas; and
J. other analyses or determinations as the agency may specify as necessary to ensure that the trial burn will determine compliance with the performance standard in part 7045.0542, subpart 4, and to establish the operating conditions required by part 7045.0542, subpart 6, as necessary to meet this performance standard.
**Subp. 7. Submission of certification, results, and data.**
The owner or operator shall submit to the commissioner a certification that the trial burn has been carried out in accordance with the approved trial burn plan and shall submit the results of all the analyses and determinations required by subpart 6 along with all underlying data of the results. The owner or operator shall make these submissions within 90 days after the completion of the trial burn, or later if approved by the commissioner upon a finding by the commissioner that good cause exists for granting a time extension.
**Subp. 8. Authorized signature.**
All submissions to the commissioner required by this rule must be signed in accordance with part 7001.0060 and must contain the certification required by part 7001.0540.
**Subp. 9. Phase three requirements.**
To allow a new hazardous waste thermal treatment facility to operate after completion of the trial burn and prior to final modification of the permit conditions to reflect the trial burn results, the commissioner shall establish permit conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet the requirements of part 7045.0542, subpart 6. The commissioner may prohibit the burning of hazardous wastes in the facility during this period. These permit conditions are effective for the minimum time required to complete sample analysis, data computation, and submission of the trial burn results by the applicant, and modification of the facility permit by the agency.
An applicant shall submit to the commissioner a statement with Part B of the permit application that identifies the conditions necessary to operate in compliance with the performance standards of part 7045.0542, subpart 4, during this period. This statement must include restrictions on waste constituents, waste feed rates, and the operating parameters identified in part 7045.0542, subpart 6.
The commissioner shall review this statement and other relevant information submitted with part B of the permit application and shall specify requirements for this period most likely to meet the performance standards of part 7045.0542, subpart 4.
**Subp. 10. Phase four requirements.**
To allow a new hazardous waste thermal treatment facility to operate after the commissioner reviews the results of the trial burn conducted under phase two, based on the results of the trial burn, the commissioner shall establish operating requirements in the final permit according to part 7045.0542. A permit modification, if necessary, must be completed according to part 7001.0730, subpart 2 or 4 and a permit revocation, if necessary, must be completed according to part 7001.0180, item C.
**Subp. 11. Requirements for existing hazardous waste thermal treatment facilities.**
To determine the feasibility of compliance with the performance standards of part 7045.0542, subpart 4, and to determine adequate operating conditions under part 7045.0542, subpart 6, the applicant for a permit for an existing hazardous waste thermal treatment facility must prepare and submit to the commissioner a trial burn plan and perform a trial burn in accordance with subparts 3 to 8 and part 7001.0630, item B, or, instead, submit other information as specified in part 7001.0630, item C. Applicants submitting information under part 7001.0630, item A, are exempt from compliance with part 7045.0542, subparts 4 and 6, and, therefore, are exempt from the requirement to conduct a trial burn. An applicant who submits trial burn plans and who receives approval before submission of a permit application shall complete the trial burn and submit the results specified in subpart 6 with Part B of the permit application. Trial burn results must be submitted prior to issuance of the permit. If completion of this process conflicts with the date set for submission of the Part B application, the applicant shall contact the commissioner to establish a later date for the submission of the Part B application or trial burn results. When the applicant submits a trial burn plan with Part B of the permit application, the commissioner shall specify a time period prior to permit issuance in which the trial burn must be conducted and the results submitted.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 8 SR 2276; L 1987 c 186 s 15; 15 SR 1515; 33 SR 2042*
##### **Minn. R. 7001.0710** Land Treatment Demonstration Permits {#sec-7001.0710 omnilex-key=us-mn-regs-official--agency-167--7001.0710}
**Subpart 1. Letters of approval.**
A person who desires to conduct controlled laboratory demonstrations of hazardous waste land treatment for the purpose of collecting preliminary data shall request a letter of approval from the agency.
The agency shall issue a letter of approval if the demonstration will be conducted under supervised conditions in a closed system capable of providing adequate protection to human health and the environment, and if the data obtained will not be used as the only basis for the issuance of a facility permit. The letter of approval must specify the general conditions for conducting demonstrations, the duration of approval, and the specific waste types.
The letter of approval may only provide approval for controlled laboratory demonstrations of hazardous waste treatment and does not provide exemptions from the hazardous waste management and disposal requirements of chapter 7045. Materials resulting from the demonstration that meet the criteria of parts 7045.0102 to 7045.0155 must be managed as hazardous waste.
**Subp. 2. Permit requirements.**
An owner or operator who desires to meet the treatment demonstration requirements of part 7045.0536, subparts 3 and 5, shall request from the agency a treatment demonstration permit. The permit may be issued either as a short-term permit covering only the demonstration, or as a two-phase facility permit covering the demonstration and the design, construction, operation, and maintenance of the land treatment unit.
No short-term permit may be issued unless the agency finds that a completed Part B application is submitted that provides sufficient information upon which to base demonstration conditions, and that sufficient evidence exists upon which to base demonstration requirements.
No two-phase facility permit may be issued unless the agency finds that a completed Part B application is submitted that provides sufficient information upon which to base demonstration and facility conditions, and that sufficient evidence is provided to indicate that the waste material can be successfully land treated.
**Subp. 3. Permit applications.**
A completed Part B application must be submitted to obtain a short-term demonstration permit unless the commissioner has issued a written exemption from one or more of the data requirements.
**Subp. 4. Two-phase permits.**
If the agency issues a two-phase permit, the permit must establish, as requirements in the first phase of the facility permit, conditions for conducting the demonstration. These permit conditions must include design and operating parameters, including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone, effect on food chain crops, monitoring procedures, post-demonstration cleanup activities, and other conditions that the agency finds may be necessary under part 7045.0536, subparts 3 and 5. The agency shall include conditions in the second phase of the facility permit to meet all part 7045.0536 requirements pertaining to unit design, construction, operation, and maintenance. The agency shall establish these conditions in the second phase of the permit based upon the information contained in the Part B application.
The first phase of the permit is effective upon the date of permit issuance.
The second phase of the permit is effective as provided in subpart 6.
**Subp. 5. Submission of certification, determinations, and data.**
The owner or operator who has been issued a two-phase permit and who has completed the treatment demonstration shall submit to the commissioner a certification, signed by a person authorized to sign a permit application or a report under part 7001.0060, that the demonstration has been carried out in accordance with the conditions specified in phase one of the permit for conducting these demonstrations. Within 90 days of completion of the demonstration the owner or operator shall also submit the data collected during the demonstration and a determination as to whether compliance with part 7045.0536, subparts 3 and 5, was achieved.
**Subp. 6. Permit modification.**
If the agency determines that the results of the demonstration meet the requirements of part 7045.0536, subparts 3 and 5, the agency shall modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with part 7045.0536, based upon the results of the demonstration.
If no modifications of the second phase of the permit are necessary, or if only minor modifications are necessary and have been made in accordance with part 7001.0730, subpart 4, the agency shall give notice of its final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of final decision on the second phase of the permit. The second phase of the permit becomes effective upon the date of notice of final decision.
If modifications under part 7001.0170, item B are necessary, the second phase of the permit becomes effective only after those modifications have been made.
All modifications must be conducted according to part 7001.0730. The second phase of the permit does not go into effect until after the requirements of part 7001.0730 are met and the agency has given notice of final decision.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; L 1987 c 186 s 15; 16 SR 2102; 18 SR 1565; 33 SR 2042*
##### **Minn. R. 7001.0712** Research, Development, and Demonstration Permits {#sec-7001.0712 omnilex-key=us-mn-regs-official--agency-167--7001.0712}
**Subpart 1. Scope.**
This part applies to research, development, or demonstration facilities other than land treatment demonstration facilities governed by part 7001.0710 or facilities meeting the treatability study exemption requirements of part 7045.0121.
**Subp. 2. Permit requirement.**
A person who desires to own or operate a research, development, or demonstration facility utilizing an innovative and experimental hazardous waste treatment technology or process for which permit standards have not been adopted in chapter 7045 shall request a permit from the agency.
**Subp. 3. Terms of permit.**
A permit governed by this part is effective for a fixed term not to exceed one year. At the request of the permittee, the commissioner shall renew the permit for one additional year if the commissioner finds that the permittee is in compliance with the conditions of the permit and that the operation of the facility does not pose a threat to human health and the environment. In no event shall the commissioner renew the permit more than three times.
**Subp. 4. Conditions of permit.**
The permit shall authorize the receipt and treatment by the facility of only those types and quantities of hazardous waste that the commissioner considers necessary for the purpose of determining the efficiency and performance capabilities of the technology or process and the effects of the technology or process on human health and the environment.
The permit shall contain all applicable special and general conditions in parts 7001.0150 and 7001.0720 and conditions concerning financial responsibility under parts 7045.0498 to 7045.0524, closure, and remedial action. The permit shall provide for the immediate termination of all operations at the facility at any time upon receipt of notification from the commissioner that termination of operations is necessary to protect human health or the environment.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 11 SR 1832; L 1987 c 186 s 15; 18 SR 1565*
##### **Minn. R. 7001.0720** Terms and Conditions of Hazardous Waste Facility Permits {#sec-7001.0720 omnilex-key=us-mn-regs-official--agency-167--7001.0720}
**Subpart 1. Term of permit.**
Except as provided in part 7001.0712, subpart 3, a hazardous waste facility permit is effective for a fixed term not to exceed five years.
**Subp. 2. Additional general conditions.**
Each draft and final hazardous waste facility permit issued by the agency must contain all of the general conditions in part 7001.0150, subpart 3 except the condition in part 7001.0150, subpart 3, item K. In addition, each permit must contain the following general conditions:
A. The permittee need not comply with the conditions of this permit to the extent and for the duration this noncompliance is authorized in an emergency permit in accordance with part 7001.0690.
B. The permittee shall maintain records from all groundwater monitoring wells and associated groundwater surface elevations for the active life of the facilities and, for disposal facilities, for the post closure care period. The permittee shall also maintain an operating record in accordance with part 7045.0478 until closure of the facility.
C. The permittee shall not commence treatment, storage, or disposal of hazardous waste in a new hazardous waste facility or in a modified portion of an existing hazardous waste facility until:
D. If the permittee discovers a release or discharge of hazardous waste which could be a danger to public drinking water supplies or threaten human health or the environment or discovers a fire or explosion at a hazardous waste facility which could threaten human health or the environment outside the facility, the permittee shall, within 24 hours of the discovery of the incident, orally notify the commissioner of the incident and its description. Within 15 days after the incident the permittee shall submit a written report describing the incident. The oral and written descriptions of the incident shall include at a minimum:
E. In addition to the reports required by part 7001.0150, the permittee shall submit the following reports in accordance with parts 7045.0450 to 7045.0551:
F. The permittee may allow an authorized representative to sign reports submitted in accordance with the requirements of this permit if:
**Subp. 3. Additional condition for surface impoundments.**
Each draft and final hazardous waste facility permit issued by the agency for a surface impoundment must contain the following condition: The permittee shall not commence treatment, storage, or disposal of hazardous waste in a surface impoundment which has been repaired under part 7045.0532, subpart 6, item D, until:
A. the permittee has submitted to the commissioner by certified mail or hand delivery a letter signed by the permittee and by a registered professional engineer stating that the surface impoundment has been repaired in compliance with the conditions of the permit; and
B. the commissioner has inspected the repaired surface impoundment and has provided the permittee with a letter stating that, based on information available to the commissioner, the surface impoundment appears to have been repaired in compliance with the conditions of the permit.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; 11 SR 1832; L 1987 c 186 s 15; 29 SR 947*
##### **Minn. R. 7001.0725** Continuation of Expired Permit {#sec-7001.0725 omnilex-key=us-mn-regs-official--agency-167--7001.0725}
A person who holds an expired permit and who has submitted a timely and complete application for reissuance of the permit may continue to conduct the permitted activity until the agency takes final action on the application if the commissioner determines that both of the following are true:
A. the permittee is in compliance with the terms and conditions of the expired permit; and
B. the agency, through no fault of the permittee, has not taken final action on the application on or before the expiration date of the permit.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 2453*
##### **Minn. R. 7001.0730** Modification of Permits; Revocation and Reissuance of Permits {#sec-7001.0730 omnilex-key=us-mn-regs-official--agency-167--7001.0730}
**Subpart 1. Scope.**
In addition to the provisions of parts 7001.0170, 7001.0180, and 7001.0190, the provisions of subparts 2 to 5 are applicable to the modification, revocation, and reissuance of hazardous waste facility permits.
**Subp. 2. Additional justification for modification of permits or revocation and reissuance of permits.**
In addition to the justifications listed in part 7001.0170, the following constitute justification for the commissioner to commence proceedings to modify a permit or to revoke and reissue a permit:
A. the commissioner discovers that modification of a closure plan or post closure plan is required by part 7045.0486, subpart 4, or part 7045.0490, subpart 3;
B. the permittee files a request for extension of the 90- or 180-day periods set forth in part 7045.0488;
C. the commissioner receives notification of expected closure under part 7045.0486;
D. the commissioner finds that modification of the 30 year post closure period is necessary as provided in part 7045.0492, subpart 1;
E. the commissioner finds that continuation of security requirements is necessary as provided by part 7045.0492, subpart 2;
F. the commissioner finds that the permittee has made the demonstration required by part 7045.0492, subpart 3, such that a disturbance of the integrity of the containment system should be authorized;
G. the permittee files a request under part 7045.0518, subpart 3, for a variance from the required level of financial responsibility;
H. the commissioner demonstrates under part 7045.0518, subpart 4, that an upward adjustment of the level of financial responsibility is required;
I. the commissioner finds that the corrective action program specified in the permit under part 7045.0484, subpart 14, has not brought the regulated unit into compliance with the groundwater protection standard within a reasonable period of time;
J. to include a detection monitoring program that meets the requirements of part 7045.0484, subpart 12, when the owner or operator has been conducting a compliance monitoring program under part 7045.0484, subpart 13, or a corrective action program under part 7045.0484, subpart 14, and the compliance period ends before the end of the post closure care period for the unit;
K. a permit requires a compliance monitoring program under part 7045.0484, subpart 13, but monitoring data collected prior to permit issuance indicate that the facility is exceeding the groundwater protection standard;
L. to include conditions applicable to units at a facility that were not previously included in the facility's permit;
M. a land treatment unit is not achieving complete treatment of hazardous constituents under its current permit conditions; or
N. to change the operating requirements set in the permit to reflect the results of the trial burn.
**Subp. 3. Additional justification to commence revocation without reissuance of permit.**
In addition to the justifications listed in part 7001.0180, a failure to submit an annual facility operator's fee within 180 days of the due date, as specified in the agency's hazardous waste fee rules in chapter 7046, constitutes justification for the commissioner to commence proceedings to revoke a permit without reissuance.
**Subp. 4. Minor modifications of permits.**
In addition to the corrections or allowances listed in part 7001.0190, subparts 2 and 3, if the permittee consents, the commissioner may modify a permit to make the corrections or allowances listed below without following the procedures in parts 7001.0100 to 7001.0130:
A. to change the list of facility emergency coordinators in the permit's contingency plan;
B. to change the list of equipment in the permit's contingency plan;
C. to change estimates of maximum inventory under part 7045.0486, subpart 3, item B;
D. to change the expected year of closure under part 7045.0486, subpart 3, item F;
E. to change schedules for final closure under part 7045.0486, subpart 3, item E;
F. to change the ranges of the operating requirements set in the permit to reflect the results of the trial burn provided that the change is minor;
G. to change the operating requirements set in the permit for conducting a trial burn provided that the change is minor;
H. to grant one extension of the time period for determining operational readiness of a thermal treatment unit following completion of construction, for up to 720 hours operating time for treatment of hazardous wastes;
I. to change the treatment program requirements for land treatment units under part 7045.0536, subpart 2, to improve treatment of hazardous constituents, provided that the change is minor;
J. to change any conditions specified in the permit for land treatment units to reflect the results of field tests or laboratory analyses used in making a treatment demonstration in accordance with part 7001.0710 provided that the change is minor;
K. to allow a second treatment demonstration for land treatment to be conducted when the results of the first demonstration have not shown the conditions under which the waste or wastes can be treated completely as required by part 7045.0536, subparts 3 and 5, item C, provided the conditions for the second demonstration are substantially the same as the conditions for the first demonstration;
L. to allow treatment of hazardous wastes not previously specified in the permit if the following conditions are met:
M. to allow permitted facilities to change their operations to treat or store hazardous wastes subject to land disposal restrictions imposed by part 7045.1390 or RCRA section 3004, provided the treatment or storage occurs in containers or tanks and the permittee:
**Subp. 5. Consideration of facility siting.**
In making its final determination on a permit modification or permit revocation and reissuance, the agency shall not consider the suitability of the facility location unless new information indicates that a threat to human health or the environment exists which was unknown at the time the permit was issued.
**Subp. 6. Combustion facility changes.**
Combustion facility owners or operators must comply with the notification of intent requirements of part 7011.7410 before requesting a permit modification in order to make technology changes needed to meet standards in part 7011.7410.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2276; 11 SR 2415; L 1987 c 186 s 15; 13 SR 1238; 28 SR 1482; 33 SR 2042*
##### **Minn. R. 7001.1000** Scope and Construction of Rules {#sec-7001.1000 omnilex-key=us-mn-regs-official--agency-167--7001.1000}
Parts 7001.1000 to 7001.1100 govern the application procedures, the issuance, and the conditions of a national pollutant discharge elimination system permit. Chapter 7000 and parts 7001.0010 to 7001.0210 and 7001.1000 to 7001.1100 shall be construed to complement each other.
**History**
- *Statutory Authority: MS s 14.06; 115.03; 116.07*
- *History: 8 SR 2277; 19 SR 1310*
##### **Minn. R. 7001.1010** Satisfaction of Requirement for Two Permits {#sec-7001.1010 omnilex-key=us-mn-regs-official--agency-167--7001.1010}
If a person who discharges a pollutant into the waters of the state is required by Minnesota Statutes or rules to obtain both a national pollutant discharge elimination system permit and a state disposal system permit, the issuance of a national pollutant discharge elimination system permit under this chapter shall satisfy the requirement to obtain both permits.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 8 SR 2277*
##### **Minn. R. 7001.1020** Definitions {#sec-7001.1020 omnilex-key=us-mn-regs-official--agency-167--7001.1020}
**Subpart 1. Scope.**
The definitions in Minnesota Statutes, section 115.01, subdivisions 2, 4, 5, 8, 9, 11 to 13, and 16 to 22, and in part 7001.0010 apply to the terms used in parts 7001.1000 to 7001.1100 unless the terms are defined in this part.
As used in parts 7001.1000 to 7001.1100, the terms in subparts 2 to 31 have the meanings given them.
**Subp. 2. Average monthly discharge limitation.**
"Average monthly discharge limitation" means the highest allowable average of daily discharge over a calendar month, calculated as the sum of all daily discharges measured during a calendar month, divided by the number of daily discharges during that month.
**Subp. 3. Average weekly discharge limitation.**
"Average weekly discharge limitation" means the highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week, divided by the number of daily discharges measured during that week.
**Subp. 4. Best available technology.**
"Best available technology" means the application to a treatment facility of the best available technology economically achievable as required by section 301(b)(2) of the Clean Water Act, United States Code, title 33, section 1311(b)(2) as amended.
**Subp. 5. Best management practices.**
"Best management practices" means practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practice, and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage.
**Subp. 6. Bypass.**
"Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.
**Subp. 7. Clean Water Act.**
"Clean Water Act" means the Federal Water Pollution Control Act as amended, commonly referred to as the Clean Water Act, United States Code, title 33, sections 1251 et seq.
**Subp. 8. Commencement of construction.**
"Commencement of construction" means:
A. to begin or cause to begin as a part of a continuous program the placement, assembly, or installation of facilities or equipment; or to conduct significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities, which site preparation is necessary for the placement, assembly, or installation of facilities or equipment; or
B. to enter into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used within a reasonable time in the operation of a new source. For the purpose of these rules, "binding contractual obligation" does not include an option to purchase or a contract which option or contract can be terminated without substantial financial loss, and does not include contracts for feasibility, engineering, or design studies.
**Subp. 9. Continuous discharge.**
"Continuous discharge" means a discharge of a pollutant that occurs throughout the operating hours of a facility without interruption, except for occasional shutdowns for maintenance, process changes, or similar activities.
**Subp. 10. Daily discharge.**
"Daily discharge" means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the discharge during the calendar day for the purposes of sampling.
**Subp. 11. Direct discharge.**
"Direct discharge" means the discharge of a pollutant.
**Subp. 12. Discharge of a pollutant.**
"Discharge of a pollutant" means the addition of any pollutant to surface waters of the state. "Discharge of a pollutant" does not include the addition of pollutants into the waters of the state by an "indirect discharger."
**Subp. 13. Effluent limitation.**
"Effluent limitation" means a restriction established by rule or permit condition on quantities, discharge rates, and concentrations of pollutants that are discharged from point sources into waters of the state.
**Subp. 14. Effluent limitation guideline.**
"Effluent limitation guideline" means a regulation adopted by the Environmental Protection Agency under section 304(b) of the Clean Water Act, United States Code, title 33, section 1314(b), which provides for the establishment of effluent limitations.
**Subp. 15. Indirect discharger.**
"Indirect discharger" means a nondomestic discharger that introduces pollutants into a publicly owned treatment works.
**Subp. 16. Facilities, equipment.**
"Facilities" or "equipment" means buildings, structures, process or production equipment, or machinery that form a permanent part of a source and that will be used in the operation of the source such that the construction of these facilities or the installation of this equipment must represent a substantial commitment to the construction of the source. These terms do not include facilities or equipment used in connection with feasibility, engineering, and design studies.
**Subp. 16a.**
[Repealed, 30 SR 125]
**Subp. 16b.**
[Repealed, 30 SR 125]
**Subp. 16c.**
[Repealed, 30 SR 125]
**Subp. 16d.**
[Repealed, 30 SR 125]
**Subp. 17. Maximum daily discharge.**
"Maximum daily discharge" means the highest allowable daily discharge.
**Subp. 17a.**
[Repealed, 30 SR 125]
**Subp. 18. Municipality.**
"Municipality" means a county; a city; a town; the Metropolitan Waste Control Commission established in Minnesota Statutes, chapter 473; the metropolitan council when acting under the provisions of Minnesota Statutes, chapter 473; or other governmental subdivision of the state responsible by law for the prevention, control, and abatement of water pollution in the state.
**Subp. 19. National pollutant discharge elimination system or NPDES.**
"National pollutant discharge elimination system" or "NPDES" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements under sections 307, 318, 402, and 405 of the Clean Water Act, United States Code, title 33, sections 1317, 1328, 1342, and 1345.
**Subp. 20. New discharger.**
"New discharger" means a building, structure, facility, or installation, including an indirect discharger which commences to discharge a pollutant and:
A. from which there is or may be a new or additional discharge of pollutants at a site at which on October 18, 1972, it had never before discharged pollutants;
B. which has not received a finally effective national pollutant discharge elimination system permit for discharges at that site; and
C. which is not a new source as defined in subpart 21.
**Subp. 21. New source.**
"New source" means a source that is constructed on a site at which no other source is located, or that totally replaces an existing source, or construction of which results in a change in the nature or quantity of pollutants discharged, if construction of it commenced:
A. after the Environmental Protection Agency promulgated standards of performance under section 306 of the Clean Water Act, United States Code, title 33, section 1316, that are applicable to the source;
B. after the Environmental Protection Agency has proposed standards of performance under section 306 of the Clean Water Act, United States Code, title 33, section 1316, that are applicable to the source, but only if the standards are promulgated within 120 days of their proposal.
**Subp. 22. Noncontact cooling water.**
"Noncontact cooling water" means water used to reduce temperature which does not come into contact with a raw material, intermediate product, waste product other than heat, or finished product. "Noncontact cooling water" includes water used in air conditioning equipment.
**Subp. 23. Point source.**
"Point source" means a discernible, confined, and discrete conveyance, including, but not limited to, a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.
**Subp. 24. Pollutant.**
"Pollutant" has the meaning given to it by Minnesota Statutes, section 115.01, subdivision 12.
**Subp. 25. Primary industry category.**
"Primary industry category" means any of the following industry categories:
A. adhesives and sealants;
B. aluminum;
C. auto and other laundries;
D. battery manufacturing;
E. coal mining;
F. coil coating;
G. copper forming;
H. electrical and electronic components;
I. electroplating;
J. explosives manufacturing;
K. foundries;
L. gum and wood chemicals;
M. inorganic chemicals manufacturing;
N. iron and steel manufacturing;
O. leather tanning and finishing;
P. mechanical products manufacturing;
Q. nonferrous metals manufacturing;
R. ore mining;
S. organic chemicals manufacturing;
T. paint and ink formulation;
U. pesticides;
V. petroleum refining;
W. pharmaceutical preparations;
X. photographic equipment and supplies;
Y. plastics processing;
Z. plastic and synthetic materials manufacturing;
AA. porcelain enameling;
BB. printing and publishing;
CC. pulp and paper mills;
DD. rubber processing;
EE. soap and detergent manufacturing;
FF. steam electric power plants;
GG. textile mills; and
HH. timber products processing.
**Subp. 26. Process wastewater.**
"Process wastewater" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of a raw material, intermediate product, finished product, by-product, or waste product.
**Subp. 27. Publicly owned treatment works.**
"Publicly owned treatment works" means a device or system used in the treatment, recycling, or reclamation of municipal sewage or industrial wastes of a liquid nature which is owned by the state or a municipality. This term includes sewers, pipes, or other conveyances only if they convey wastewater to a publicly owned treatment works for treatment.
**Subp. 28. Source.**
"Source" means a building structure, facility, or installation from which there is or may be a discharge of pollutants.
**Subp. 28a.**
[Repealed, 30 SR 125]
**Subp. 29. Technology-based effluent limitation, standard, or prohibition.**
"Technology-based effluent limitation, standard, or prohibition" means an effluent limitation, standard, or prohibition promulgated by the Environmental Protection Agency at Code of Federal Regulations, title 40, parts 400 to 460, under sections 301 and 306 of the Clean Water Act, United States Code, title 33, sections 1311 and 1316.
**Subp. 30. Toxic pollutant.**
"Toxic pollutant" means a pollutant listed as toxic under section 307(a)(1) of the Clean Water Act, United States Code, title 33, section 1317(b)(1), or as defined by Minnesota Statutes, section 115.01, subdivision 20.
**Subp. 31. Vessel.**
"Vessel" means a watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the state.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2277; 13 SR 2453; 19 SR 1901; 30 SR 125*
##### **Minn. R. 7001.1030** Permit Requirement and Exemptions {#sec-7001.1030 omnilex-key=us-mn-regs-official--agency-167--7001.1030}
**Subpart 1. Permit required.**
Except as provided in subpart 2, no person may discharge a pollutant from a point source into the waters of the state without obtaining a national pollutant discharge elimination system permit from the agency.
**Subp. 2. Exemptions.**
The following persons are not required to obtain a national pollutant discharge elimination system permit:
A. persons who discharge sewage or effluent from a vessel;
B. persons discharging dredge or fill materials regulated by the federal government under section 404 of the Clean Water Act, United States Code, title 33, section 1344;
C. persons discharging pollutants to a publicly owned treatment works;
D. persons discharging pollutants who are in compliance with the instructions of an on-scene coordinator in accordance with Code of Federal Regulations, title 40, part 1510;
E. persons introducing pollutants from nonpoint source agricultural and silvicultural sources into privately owned treatment works;
F. persons causing return flows from irrigated agriculture;
G. persons discharging pollutants into privately owned treatment works;
H. persons injecting water, gas, or other material into a well to facilitate the production of oil or gas;
I. persons disposing of water in a well if this water is associated with oil and gas production; and
J. persons operating a feedlot who are not required to obtain an NPDES permit under federal law. This item does not release such persons from the requirement to obtain an NPDES permit to discharge a pollutant when required by federal law or from the requirement to obtain a state disposal system permit to discharge a pollutant into the waters of the state.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2277; 13 SR 2453; 19 SR 1901; 38 SR 1535*
##### **Minn. R. 7001.1035** [Repealed, 30 SR 125] {#sec-7001.1035 omnilex-key=us-mn-regs-official--agency-167--7001.1035}
[Repealed, 30 SR 125]
##### **Minn. R. 7001.1040** Application Deadline for New Permits {#sec-7001.1040 omnilex-key=us-mn-regs-official--agency-167--7001.1040}
A. If a person proposes to construct a new facility or engage in a new activity for which a permit is required, the person shall submit a written permit application at least 180 days before the planned date of the commencement of facility construction or of the planned date of the commencement of the activity, whichever occurs first.
B. Persons proposing activities that require a general construction stormwater permit under chapter 7090 must submit an application provided by the agency prior to initiation of construction.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 8 SR 2277; 19 SR 1901; 30 SR 125*
##### **Minn. R. 7001.1050** Contents of Npdes Permit Application {#sec-7001.1050 omnilex-key=us-mn-regs-official--agency-167--7001.1050}
**Subpart 1. Publicly owned treatment works.**
If the applicant is requesting the issuance, modification, revocation and reissuance, or reissuance of a national pollutant discharge elimination system permit for a publicly owned treatment works, the applicant shall submit the following information to the commissioner:
A. the information required by part 7001.0050;
B. an identification, in terms of character and volume of pollutants, of all significant indirect dischargers into the publicly owned treatment works, which indirect dischargers are subject to pretreatment standards under section 307(b) of the Clean Water Act, United States Code, title 33, section 1317(b), and under Code of Federal Regulations, title 40, part 403; and
C. a copy of any publicly owned treatment works pretreatment program prepared by the applicant under Code of Federal Regulations, title 40, section 403.8, unless the program has been previously submitted to the commissioner and there have been no changes to the plan.
**Subp. 2. Manufacturing, commercial, mining, and silvicultural discharges.**
If the applicant is requesting the issuance, modification, revocation and reissuance, or reissuance of a national pollutant discharge elimination system permit for a manufacturing, commercial, mining, or silvicultural discharge, the applicant shall submit the following information to the commissioner:
A. The information required by part 7001.0050.
B. The name of the receiving water of the discharge.
C. The exact location of the outfall, including the latitude and longitude of the location to the nearest 15 seconds.
D. A line drawing of the water flow through the facility with a water balance, showing process and treatment operations contributing to the effluent. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined, the applicant shall provide a pictorial description of the nature and amount of the sources of water and the collection and treatment measures.
E. A narrative identification of each type of process, operation, or production area which contributes or will contribute wastewater to the effluent for each outfall. This identification must include process wastewater, cooling water, and stormwater runoff contributions to each outfall; the average flow that each process contributes; a description of the treatment the wastewater receives; a discussion of any disposal, other than by discharge, of solid or fluid wastes generated in the process; and the discharge frequency.
F. A statement as to the product that is or will be manufactured, processed, or produced at the facility and a statement as to the quantity of the product actually manufactured, processed, or produced at the facility. If a technology-based effluent guideline is applicable to the discharge, the applicant shall express the quantity of product in the same measure as that used in the applicable effluent limitation guideline.
G. If the applicant is subject to a requirement or compliance schedule for construction, upgrading, or operation of waste treatment equipment, an identification of the requirement, a description of the project, and a listing of the required and projected final compliance dates.
H. The results of analyses and other information required by part 7001.1060.
I. If the analyses required by part 7001.1060 were performed by a contract laboratory or consulting firm, the name and address of the laboratory or firm, and an identification as to which analyses were performed by the laboratory or firm.
J. A list of any toxic pollutants that the applicant uses or manufactures or expects that it will use or manufacture during the next five years, including manufacturing as an intermediate or final product or by-product.
K. A description of the expected levels of and the reasons for any discharge of pollutants that the applicant knows or has reason to believe will in the next five years exceed two times the values reported under part 7001.1060.
L. An identification of biological toxicity tests that the applicant knows or has reason to believe have been made within the last three years on any of the applicant's discharges or on a receiving water related to the applicant's discharge.
M. If the applicant proposes to construct or operate a new or existing concentrated animal feeding operation or aquatic animal production facility, the information required in Code of Federal Regulations, title 40, section 122.21(i).
N. If the applicant wishes to request that the commissioner, in establishing a technology-based effluent limitation to be included in the conditions of the permit, establish an effluent limitation which is different than the effluent limitation which would result from the normal application of the relevant effluent limitation guideline, then the applicant shall submit in the application the following information:
O. If the applicant desires to request an extension from the statutory deadline established in section 301(b)(2)(A) of the Clean Water Act, United States Code, title 33, section 1311(b)(2)(A), on the grounds that the applicant proposes to replace existing production capacity with an innovative production process which will meet the standards in section 301(k) of the Clean Water Act, United States Code, title 33, section 1311(k), the applicant shall submit an explanation and documentation supporting this claim.
**History**
- *Statutory Authority: MS s 14.386; 115.03*
- *History: 8 SR 2277; L 1987 c 186 s 15; 36 SR 179; 38 SR 1535*
##### **Minn. R. 7001.1060** Effluent Analysis by Existing Manufacturing, Commercial, Mining, and Silvicultural Dischargers {#sec-7001.1060 omnilex-key=us-mn-regs-official--agency-167--7001.1060}
**Subpart 1. Requirement.**
If the applicant is an existing manufacturing, commercial, mining, or silvicultural discharger, the applicant shall perform an analysis of a sample of its effluent from each of its outfalls, except that if the commissioner finds that two or more of such outfalls have substantially identical effluents, the commissioner shall allow the applicant to analyze a sample from one of the identical effluents. The applicant shall perform the analyses according to subparts 2 to 10.
**Subp. 2. Methods of sampling and analysis.**
The sampling method for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, and fecal coliform must be the grab sampling method. For all other pollutants the applicant shall use 24-hour composite samples unless otherwise approved by the commissioner. The applicant shall perform the analysis by using the appropriate analytical techniques in Code of Federal Regulations, title 40, part 136, or by using techniques found by the commissioner to be appropriate considering the circumstances and the parameters which are to be analyzed.
**Subp. 3. Parameters.**
The applicant shall analyze for the following parameters:
A. Unless the commissioner grants a written exemption to the applicant after making a finding that a given pollutant is not likely to be present in the effluent, the applicant shall analyze for biochemical oxygen demand, chemical oxygen demand, total organic carbon, total suspended solids, ammonia (as N), temperature (both winter and summer), and pH.
B. Except as provided in item F, an applicant who has processes in one or more of the primary industry categories shall:
C. Except as provided in item F, an applicant who has processes not included in one of the primary industry categories and who has reason to believe that the pollutants listed in subparts 4 to 9 may be present in the effluent shall identify these pollutants and shall analyze for these pollutants except those that are present in the effluent solely as the result of their presence in the intake water.
D. The applicant shall identify each pollutant listed in subpart 10 which the applicant knows or has reason to believe is present in the effluent and shall state the reason why the applicant knows or has reason to believe that the pollutant is present. The applicant shall analyze for each identified pollutant except those that are present in the effluent solely as the result of their presence in the intake water.
E. The applicant shall analyze, using a screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin if:
F. An applicant is exempt from the requirements of items B and C to analyze for the pollutants listed in subparts 4 to 7 if the facility which is the subject of the application has gross total annual sales averaging less than $100,000 per year (in second quarter 1980 dollars) for the three-year period prior to submittal of the application.
**Subp. 4. Volatile substances.**
The following volatile substances must be analyzed under subpart 3, items B and C;
A. acrolein;
B. acrylonitrile;
C. benzene;
D. bis(chloromethyl)ether;
E. bromoform;
F. carbon tetrachloride;
G. chlorobenzene;
H. chlorodibromomethane;
I. chloroethane;
J. 2-chloroethylvinyl ether;
K. chloroform;
L. dichlorobromomethane;
M. dichlorodifluoromethane;
N. 1,1-dichloroethane;
O. 1,2-dichloroethane;
P. 1,1-dichlorethylene;
Q. 1,2-dichloropropane;
R. 1,2-dichloropropylene;
S. ethylbenzene;
T. methyl bromide;
U. methyl chloride;
V. methylene chloride;
W. 1,1,2,2-tetrachloroethane;
X. tetrachloroethylene;
Y. toluene;
Z. 1,2-trans-dichloroethylene;
AA. 1,1,1-trichloroethane;
BB. 1,1,2-trichloroethane;
CC. trichloroethylene;
DD. trichlorofluoromethane; and
EE. vinyl chloride.
**Subp. 5. Acid compounds.**
The following acid compounds must be analyzed under subpart 3, items B and C:
A. 2-chlorophenol;
B. 2,4-dichlorophenol;
C. 2,4-dimethylphenol;
D. 4,6-dinitro-o-cresol;
E. 2,4-dinitrophenol;
F. 2-nitrophenol;
G. 4-nitrophenol;
H. p-chloro-m-cresol;
I. pentachlorophenol;
J. phenol; and
K. 2,4,6-trichlorophenol.
**Subp. 6. Base/neutral substances.**
The following base/neutral substances must be analyzed under subpart 3, items B and C:
A. acenaphthene;
B. acenaphthylene;
C. anthracene;
D. benzidine;
E. benzo(a)anthracene;
F. benzo(a)pyrene;
G. 3,4-benzofluoranthene;
H. benzo(ghi)perylene;
I. benzo(k)fluoroanthene;
J. bis(2-chloroethoxy)methane;
K. bis(2-chloroethyl)ether;
L. bis(2-chloroisopropyl)ether;
M. bis(2-ethylhexyl)phthalate;
N. 4-bromophenyl phenyl ether;
O. butylbenzyl phthalate;
P. 2-chloronaphthalene;
Q. 4-chlorophenyl phenyl ether;
R. chrysene;
S. dibenzo(a,h)anthracene;
T. 1,2-dichlorobenzene;
U. 1,3-dichlorobenzene;
V. 1,4-dichlorobenzene;
W. 3,3'-dichlorobenzidine;
X. diethyl phthalate;
Y. dimethyl phthalate;
Z. di-n-butyl phthalate;
AA. 2,4-dinitrotoluene;
BB. 2,6-dinitrotoluene;
CC. di-n-octyl phthalate;
DD. 1,2-diphenylhydrazine (as azobenzene);
EE. fluoranthene;
FF. fluorene;
GG. hexachlorobenzene;
HH. hexachlorobutadiene;
II. hexachlorocyclopentadiene;
JJ. hexachloroethane;
KK. indeno(1,2,3-cd)pyrene;
LL. isophorone;
MM. naphthalene;
NN. nitrobenzene;
OO. N-nitrosodimethylamine;
PP. N-nitrosodi-n-propylamine;
QQ. N-nitrosodiphenylamine;
RR. phenanthrene;
SS. pyrene; and
TT. 1,2,4-trichlorobenzene.
**Subp. 7. Pesticides.**
The following pesticides must be analyzed under subpart 3, items B and C:
A. aldrin;
B. α-BHC;
C. β-BHC;
D. γ-BHC;
E. δ-BHC;
F. chlordane;
G. 4,4'-DDT;
H. 4,4'-DDD;
I. 4,4'-DDE;
J. dieldrin;
K. α-endosulfan;
L. β-endosulfan;
M. endosulfan sulfate;
N. endrin;
O. endrin aldehyde;
P. heptachlor;
Q. heptachlor epoxide;
R. PCB-1242;
S. PCB-1254;
T. PCB-1221;
U. PCB-1232;
V. PCB-1248;
W. PCB-1260;
X. PCB-1016; and
Y. toxaphene.
**Subp. 8. Metals, cyanides, and phenols.**
The following metals, cyanide, and phenols must be analyzed for quantity present under subpart 3, items B and C:
A. antimony;
B. arsenic;
C. beryllium;
D. cadmium;
E. chromium;
F. copper;
G. lead;
H. mercury;
I. nickel;
J. selenium;
K. silver;
L. thallium;
M. zinc;
N. total cyanide; and
O. total phenols.
**Subp. 9. Conventional and nonconventional pollutants.**
The following conventional and nonconventional pollutants must be analyzed under subpart 3, items B and C:
A. aluminum;
B. barium;
C. boron;
D. bromide;
E. total residual chlorine;
F. cobalt;
G. color;
H. fecal coliform;
I. fluoride;
J. iron;
K. magnesium;
L. manganese;
M. molybdenum;
N. nitrate-nitrite;
O. total organic nitrogen;
P. oil and grease;
Q. total phosphorus;
R. radioactivity;
S. sulfate;
T. sulfide;
U. sulfite;
V. surfactants;
W. total tin; and
X. total titanium.
**Subp. 10. Toxic pollutants and hazardous substances.**
The following toxic pollutants and hazardous substances must be analyzed under subpart 3, item D:
A. asbestos;
B. acetaldehyde;
C. allyl alcohol;
D. allyl chloride;
E. amyl acetate;
F. aniline;
G. benzonitrile;
H. benzyl chloride;
I. butyl acetate;
J. butylamine;
K. captan;
L. carbaryl;
M. carbofuran;
N. carbon disulfide;
O. chlorpyrifos;
P. coumaphos;
Q. cresol;
R. crotonaldehyde;
S. cyclohexane;
T. 2,4-D (2,4-dichlorophenoxy acetic acid);
U. diazinon;
V. dicamba;
W. dichlobenil;
X. dichlone;
Y. 2,2-dichloropropionic acid;
Z. dichlorvos;
AA. diethyl amine;
BB. dimethyl amine;
CC. dinitrobenzene;
DD. diquat;
EE. disulfoton;
FF. diuron;
GG. epichlorohydrin;
HH. ethanolamine;
II. ethion;
JJ. ethylene diamine;
KK. ethylene dibromide;
LL. formaldehyde;
MM. furfural;
NN. guthion;
OO. isoprene;
PP. isopropanolamine;
QQ. kelthane;
RR. kepone;
SS. malathion;
TT. mercaptodimethur;
UU. methoxychlor;
VV. methyl mercaptan;
WW. methyl methacrylate;
XX. methyl parathion;
YY. mevinphos;
ZZ. mexacarbate;
AAA. monoethyl amine;
BBB. monomethyl amine;
CCC. naled;
DDD. napthenic acid;
EEE. nitrotoluene;
FFF. parathion;
GGG. phenolsulfanate;
HHH. phosgene;
III. propargite;
JJJ. propylene oxide;
KKK. pyrethrins;
LLL. quinoline;
MMM. resorcinol;
NNN. strontium;
OOO. strychnine;
PPP. styrene;
QQQ. 2,4,5-T (2,4,5-trichlorophenoxy acetic acid);
RRR. TDE (tetrachlorodiphenylethane);
SSS. 2,4,5-TP [2-(2,4,5-trichlorophenoxy) propanoic acid];
TTT. trichlorofon;
UUU. triethylamine;
VVV. trimethylamine;
WWW. uranium;
XXX. vanadium;
YYY. vinyl acetate;
ZZZ. xylene;
AAAA. xylenol; and
BBBB. zirconium.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 8 SR 2277; L 1987 c 186 s 15*
##### **Minn. R. 7001.1061** Testing Requirements for Organic Toxic Pollutants by Industrial Category for Existing Dischargers {#sec-7001.1061 omnilex-key=us-mn-regs-official--agency-167--7001.1061}
1The toxic pollutants in each fraction are listed in part 7001.1060, subparts 4 to 7. *Testing required. **Applies only to base and precious metals.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2277*
##### **Minn. R. 7001.1070** Preliminary Determination, Draft Permit, and Public Comments {#sec-7001.1070 omnilex-key=us-mn-regs-official--agency-167--7001.1070}
**Subpart 1. Scope.**
The provisions of parts 7001.0100 and 7001.0110 apply to the public notice of draft permits and preliminary determinations and the use of fact sheets concerning draft permits and public comments, except as specifically otherwise provided in subparts 2 and 3.
**Subp. 2. Fact sheets.**
The commissioner shall prepare a fact sheet for each draft permit for a facility that the commissioner finds to be major based on a review of the potential impacts of the facility on the environment.
**Subp. 3. Response to public comments.**
The commissioner shall respond to all significant comments received under part 7001.0110 during the public comment period. The response may be made either orally or in writing.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2277; L 1987 c 186 s 15*
##### **Minn. R. 7001.1080** Establishment of Special Conditions for National Pollutant Discharge Elimination System Permits {#sec-7001.1080 omnilex-key=us-mn-regs-official--agency-167--7001.1080}
**Subpart 1. Requirement.**
According to part 7001.0150, subpart 2, a national pollutant discharge elimination system permit issued by the agency must contain conditions necessary for the permittee to achieve compliance with all Minnesota or federal statutes or rules. These conditions must be initially established by the commissioner in the draft permit but are subject to final issuance by the agency. The conditions to be included are given in subparts 2 to 9.
**Subp. 2. Effluent limitations, standards, or prohibitions.**
Except as provided in subpart 3, the commissioner shall establish effluent limitations, standards, or prohibitions for each pollutant to be discharged from each outfall or discharge point of the permitted facility; except that if the commissioner finds that as a result of exceptional circumstances it is not feasible to establish effluent limitations, standards, or prohibitions which are applicable at the point of discharge, the commissioner shall establish effluent limitations, standards, or prohibitions for pollutants in internal waste streams at the point prior to mixing with other waste streams or cooling water streams. In determining the appropriate effluent limitations, standards, or prohibitions the commissioner shall comply with the following requirements:
A. Effluent limitations, standards, or prohibitions must be expressed in terms of weight or mass, where applicable, and in the following terms:
B. In establishing effluent limitations, standards, or prohibitions the commissioner shall consider the following:
C. If the establishment of an effluent limitation, standard, or prohibition requires the making of a calculation, the commissioner shall comply with the following, if applicable:
D. If a permit issued to a new source or a new discharger contains technology-based effluent limitations, standards, or prohibitions for pollutants other than toxic pollutants or hazardous substances, the source or discharger must not be subject to more stringent technology-based limitations, standards, or prohibitions for the following periods of time, whichever is less:
**Subp. 3. Best management practices.**
If the commissioner finds that it is not feasible to establish an effluent limitation, standard, or prohibition using a numerical value, the commissioner shall establish permit conditions requiring the implementation by the permittee of best management practices. The commissioner may also require implementation of best management practices if the commissioner finds that this requirement is necessary to achieve compliance with an effluent limitation, standard, or prohibition or to comply with Minnesota or federal statutes or rules, including requirements for the control of toxic pollutants and hazardous substances from ancillary activities.
**Subp. 4. Reporting violations.**
The commissioner shall include as a condition of the permit that the permittee shall report, in accordance with part 7001.0150, subpart 3, item K, all violations of maximum daily discharge limitations for certain pollutants. The pollutants must be listed in the permit.
**Subp. 5. Monitoring requirements.**
In addition to the requirements in part 7001.0150, subpart 2, the commissioner shall establish appropriate monitoring and reporting of monitoring requirements to ensure compliance with permit limitations. These requirements must include:
A. a specification of the appropriate measurement to be reported for each pollutant limited in the permit;
B. the volume of effluent discharged from each outfall;
C. any other measurement needed to determine compliance with a permit condition;
D. specification as to any test procedures which the permittee is required to use which differ from those set forth in Code of Federal Regulations, title 40, part 136; and
E. specification of the frequency of monitoring and monitoring reporting. In no case may the frequency of monitoring and monitoring reporting be less than once per year.
**Subp. 6. Pretreatment requirements for publicly owned treatment works.**
If the applicant proposes to own or operate a publicly owned treatment works and if the applicant is required by part 7049.0800 to develop a publicly owned treatment works pretreatment program, the commissioner shall:
A. incorporate the provisions of the approved publicly owned treatment works pretreatment program into the permit and require the permittee to submit the information in part 7049.1020; or
B. if the publicly owned treatment works does not have an approved pretreatment program, incorporate into the permit a compliance schedule for development of an approvable pretreatment program. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the development of a pretreatment program. No increment in the schedule shall exceed nine months. The permit shall also require the permittee to submit to the commissioner, within 14 days following each date in the schedule progress, reports stating whether or not the permittee has complied with the increment of progress to be met on such date and, if not, the date on which the permittee expects to comply with this increment of progress, the reason for delay, and the steps taken to return to the schedule. In no event shall more than nine months elapse between progress reports to the commissioner.
**Subp. 7. Conditions imposed in construction grants.**
If the applicant is using construction grant funds to construct or operate its wastewater treatment facility, the commissioner shall incorporate into the permit any provisions of the grant that relate to the achievement of compliance with effluent limitations, standards, or prohibitions or with water quality standards.
**Subp. 8. Conditions related to navigation.**
The commissioner shall incorporate into the permit conditions that are necessary to ensure that navigation and anchorage will not be substantially impaired.
**Subp. 9. Conditions in reissued permits.**
In a reissued permit the commissioner shall establish effluent limitations, standards, or prohibitions that are at least as stringent as the effluent limitations, standards, or prohibitions or conditions in the previous permit unless the commissioner establishes less stringent effluent limitations, standards, or prohibitions in accordance with part 7050.0212.
**History**
- *Statutory Authority: MS s 115.03; 115.44; 116.07*
- *History: 8 SR 2277; L 1987 c 186 s 15; 13 SR 2453; 32 SR 1699; 33 SR 696*
##### **Minn. R. 7001.1090** General Conditions of National Pollutant Discharge Elimination System Permits {#sec-7001.1090 omnilex-key=us-mn-regs-official--agency-167--7001.1090}
**Subpart 1. Conditions for all permits.**
National pollutant discharge elimination system permits issued by the agency must contain the general conditions set forth in part 7001.0150 and the general conditions as follows:
A. Notwithstanding the absence in this permit of an effluent limitation for any toxic pollutant, the permittee shall not discharge a toxic pollutant except according to Code of Federal Regulations, title 40, parts 400 to 460 and parts 7050.0100 to 7050.0220 and 7055.0010 to 7055.0120 and any other applicable agency rules.
B. Noncompliance with a term or condition of this permit subjects the permittee to penalties provided by federal and state law set forth in section 309 of the Clean Water Act, United States Code, title 33, section 1319 as amended, and in Minnesota Statutes, section 115.071, including monetary penalties, imprisonment, or both.
C. In the event of a reduction or loss of effective treatment of wastewater at the facility, the permittee shall control production or curtail its discharges to the extent necessary to maintain compliance with the terms and conditions of this permit. The permittee shall continue this control or curtailment until the wastewater treatment facility has been restored or until an alternative method of treatment is provided.
D. The permittee shall submit monitoring data, calculations, and results on a form provided by the commissioner, known as a discharge monitoring report.
E. If the permittee monitors a pollutant more frequently than required by the permit, the permittee shall include data, calculations, and results of this monitoring in the discharge monitoring report.
F. Calculations of monitoring results that require averaging of measurements must utilize an arithmetic mean unless otherwise specified by the permit.
G. A person who falsifies, tampers with, or knowingly renders inaccurate a monitoring device or method required to be maintained under this permit is subject to penalties provided by federal and state law, set forth in section 309 of the Clean Water Act, United States Code, title 33, section 1319 as amended and Minnesota Statutes, section 115.071, subdivision 2, clause (2).
H. A person who knowingly makes a false statement, representation, or certification in a record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance is subject to penalties provided by federal and state law set forth in section 309 of the Clean Water Act, United States Code, title 33, section 1319, and Minnesota Statutes, section 115.071, subdivision 2, clause (2).
I. In addition to other facts or incidents required by the permit to be reported within 24 hours, the permittee shall report in accordance with part 7001.0150, subpart 3, item K any unanticipated bypass or upset that causes an exceedence of an applicable effluent limitation. The permittee need not submit a written report if the commissioner finds that the written report is unnecessary.
J. The permittee may allow a bypass to occur if the bypass will not cause the exceedence of an effluent limitation but only if the bypass is necessary for essential maintenance to assure efficient operation of the facility. The permittee shall submit notice of the need for the bypass at least ten days before the date of the bypass or as soon as possible under the circumstances.
K. The permittee shall not allow an anticipated bypass to occur that will cause an exceedence of an applicable effluent limitation unless the following conditions are met:
L. In the event of temporary noncompliance by the permittee with an applicable effluent limitation resulting from an upset at the permittee's facility due to factors beyond the control of the permittee, the permittee has an affirmative defense to an enforcement action brought by the agency as a result of the noncompliance if the permittee demonstrates by a preponderance of competent evidence:
**Subp. 2. Permits to manufacturing, commercial, mining, or silvicultural dischargers.**
A national pollutant discharge elimination system permit issued by the agency to a manufacturing, commercial, mining, or silvicultural discharger must contain the following additional conditions:
A. The permittee shall notify the commissioner immediately of any knowledge or reason to believe that an activity has occurred that would result in the discharge of a toxic pollutant listed in part 7001.1060, subparts 4 to 10 or listed below that is not limited in the permit, if the discharge of this toxic pollutant has exceeded or is expected to exceed the following levels:
B. The permittee shall notify the commissioner immediately if the permittee has begun or expects to begin to use or manufacture as an intermediate or final by-product a toxic pollutant that was not reported in the permit application under part 7001.1050, subpart 2, item J.
**Subp. 3. Permits for publicly owned treatment works.**
A. A national pollutant discharge elimination system permit issued by the agency to a publicly owned treatment works must require the permittee to control contribution to the POTW by each industrial user and report their significant industrial users and pretreatment activities to the agency as required by chapter 7049.
B. Permits issued to publicly owned treatment works that do not operate a federal delegated pretreatment program, as defined in part 7049.0120, subpart 7, shall contain or reference the pretreatment requirements applicable to nondelegated publicly owned treatment works, which are found in parts 7049.0600 to 7049.0720, and shall require the permittee to notify the agency of any of its industrial users that may be subject to national categorical pretreatment standards.
C. Permits issued to publicly owned treatment works that operate a federal delegated pretreatment program, as defined in part 7049.0120, subpart 7, shall contain pretreatment requirements based on parts 7049.0600 to 7049.0650 and 7049.0800 to 7049.1020 and the publicly owned treatment work's approved pretreatment program.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 8 SR 2277; L 1987 c 186 s 15; 33 SR 696*
##### **Minn. R. 7001.1100** Final Determination {#sec-7001.1100 omnilex-key=us-mn-regs-official--agency-167--7001.1100}
**Subpart 1. Issuance of permit.**
Except as provided in subparts 2 to 4, the agency shall issue a national pollutant discharge elimination system permit in accordance with part 7001.0140.
**Subp. 2. Certification.**
If the applicant is required to obtain a certification under section 401 of the Clean Water Act, United States Code, title 33, section 1341 as amended, no permit may be issued by the agency unless the agency finds that the certification has been obtained by the applicant.
**Subp. 3. Violation of adjoining state's water quality standard.**
The agency shall not issue a permit if it finds that the applicant's discharge will result in the violation of water quality standards adopted by a state that adjoins the receiving water of the applicant's discharge.
**Subp. 4. Warfare agents.**
The agency shall not issue a permit if it finds that the issuance will result in the discharge of a radiological, chemical, or biological warfare agent.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 8 SR 2277*
##### **Minn. R. 7001.1150** Modification, Revocation, and Reissuance of Permits {#sec-7001.1150 omnilex-key=us-mn-regs-official--agency-167--7001.1150}
**Subpart 1. Scope.**
In addition to parts 7001.0170 and 7001.0190, subparts 2 and 3 apply to the modification or revocation and reissuance of national pollutant discharge elimination system permits.
**Subp. 2. Additional justification for modification, revocation, and reissuance of permits.**
In addition to the justifications listed in part 7001.0170, the following constitute justification for the commissioner to commence proceedings to modify a permit or to revoke and reissue a permit:
A. the commissioner finds that there is a need to put a publicly owned treatment works on a compliance schedule for the development of a pretreatment program because the addition of pollutants into a publicly owned treatment works by an industrial user or combination of industrial users presents a substantial hazard to the functioning of the treatment works, the quality of the receiving waters, or the environment;
B. the commissioner finds that there are grounds to modify the permit under section 301(h) or 301(i) of the Clean Water Act, United States Code, title 33, section 1311(h) or (i);
C. the commissioner has approved a new or modified publicly owned treatment works pretreatment program and the pretreatment program has not yet been incorporated into the publicly owned treatment works' national pollutant discharge elimination system permit; or
D. the commissioner has approved a compliance schedule for the development of a publicly owned treatment works pretreatment program and the compliance schedule has not yet been incorporated into the publicly owned treatment works' national pollutant discharge elimination system permit.
**Subp. 3. Minor modification of permits.**
In addition to the corrections or allowances listed in part 7001.0190, subpart 3, the commissioner, upon obtaining the consent of the permittee, may modify a national pollutant discharge elimination system permit without following the procedures in parts 7001.0100 to 7001.0130 to incorporate conditions of a publicly owned treatment works pretreatment program or a modification to a publicly owned treatment works pretreatment program.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7001.1200** [Repealed, 18 SR 1059] {#sec-7001.1200 omnilex-key=us-mn-regs-official--agency-167--7001.1200}
[Repealed, 18 SR 1059]
##### **Minn. R. 7001.1205** [Repealed, 18 SR 1059] {#sec-7001.1205 omnilex-key=us-mn-regs-official--agency-167--7001.1205}
[Repealed, 18 SR 1059]
##### **Minn. R. 7001.1210** [Repealed, 18 SR 1059] {#sec-7001.1210 omnilex-key=us-mn-regs-official--agency-167--7001.1210}
[Repealed, 18 SR 1059]
##### **Minn. R. 7001.1215** [Repealed, 18 SR 1059] {#sec-7001.1215 omnilex-key=us-mn-regs-official--agency-167--7001.1215}
[Repealed, 18 SR 1059]
##### **Minn. R. 7001.1220** [Repealed, 18 SR 1059] {#sec-7001.1220 omnilex-key=us-mn-regs-official--agency-167--7001.1220}
[Repealed, 18 SR 1059]
##### **Minn. R. 7001.1250** [Renumbered 7023.9000] {#sec-7001.1250 omnilex-key=us-mn-regs-official--agency-167--7001.1250}
[Renumbered 7023.9000]
##### **Minn. R. 7001.1260** [Renumbered 7023.9005] {#sec-7001.1260 omnilex-key=us-mn-regs-official--agency-167--7001.1260}
[Renumbered 7023.9005]
##### **Minn. R. 7001.1270** [Renumbered 7023.9010] {#sec-7001.1270 omnilex-key=us-mn-regs-official--agency-167--7001.1270}
[Renumbered 7023.9010]
##### **Minn. R. 7001.1280** [Renumbered 7023.9015] {#sec-7001.1280 omnilex-key=us-mn-regs-official--agency-167--7001.1280}
[Renumbered 7023.9015]
##### **Minn. R. 7001.1290** [Renumbered 7023.9020] {#sec-7001.1290 omnilex-key=us-mn-regs-official--agency-167--7001.1290}
[Renumbered 7023.9020]
##### **Minn. R. 7001.1300** [Renumbered 7023.9025] {#sec-7001.1300 omnilex-key=us-mn-regs-official--agency-167--7001.1300}
[Renumbered 7023.9025]
##### **Minn. R. 7001.1310** [Renumbered 7023.9030] {#sec-7001.1310 omnilex-key=us-mn-regs-official--agency-167--7001.1310}
[Renumbered 7023.9030]
##### **Minn. R. 7001.1320** [Renumbered 7023.9035] {#sec-7001.1320 omnilex-key=us-mn-regs-official--agency-167--7001.1320}
[Renumbered 7023.9035]
##### **Minn. R. 7001.1330** [Renumbered 7023.9040] {#sec-7001.1330 omnilex-key=us-mn-regs-official--agency-167--7001.1330}
[Renumbered 7023.9040]
##### **Minn. R. 7001.1340** [Renumbered 7023.9045] {#sec-7001.1340 omnilex-key=us-mn-regs-official--agency-167--7001.1340}
[Renumbered 7023.9045]
##### **Minn. R. 7001.1350** [Renumbered 7023.9050] {#sec-7001.1350 omnilex-key=us-mn-regs-official--agency-167--7001.1350}
[Renumbered 7023.9050]
##### **Minn. R. 7001.1400** Applicability {#sec-7001.1400 omnilex-key=us-mn-regs-official--agency-167--7001.1400}
Parts 7001.1400 to 7001.1470 govern the processing of certifications by the agency under section 401 of the Clean Water Act, United States Code, title 33, section 1341 (hereinafter "section 401 certifications"). Parts 7001.0010 to 7001.0210 apply to the processing of section 401 certifications except as specifically otherwise provided in parts 7001.1400 to 7001.1470. In applying parts 7001.0010 to 7001.0210 to the processing of section 401 certifications, the word "permit" shall be construed to mean "section 401 certification" and the term "permittee" shall be construed to mean "certificate holder." Chapter 7000 and parts 7001.0010 to 7001.0210 and 7001.1400 to 7001.1470 shall be construed to complement each other.
**History**
- *Statutory Authority: MS s 14.06; 115.03; 116.07*
- *History: 10 SR 2235; 19 SR 1310*
##### **Minn. R. 7001.1410** Definitions {#sec-7001.1410 omnilex-key=us-mn-regs-official--agency-167--7001.1410}
**Subpart 1. Scope.**
The definitions in Minnesota Statutes, section 115.01 apply to the terms used in parts 7001.1400 to 7001.1470 unless those terms are defined in this part.
As used in parts 7001.1400 to 7001.1470, the terms in subparts 2 to 4 have the meanings given them.
**Subp. 2.**
[Repealed by amendment, L 1987 c 186 s 15]
**Subp. 3. Clean Water Act.**
"Clean Water Act" means the federal Water Pollution Control Act, as amended, commonly referred to as the Clean Water Act, United States Code, title 33, sections 1251 et seq.
**Subp. 3a. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 4. National pollutant discharge elimination system.**
"National pollutant discharge elimination system" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements under sections 307, 318, 402, and 405 of the Clean Water Act, United States Code, title 33, sections 1317, 1328, 1342, and 1345.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 10 SR 2235; L 1987 c 186 s 15*
##### **Minn. R. 7001.1420** Requirement to Apply for Certification {#sec-7001.1420 omnilex-key=us-mn-regs-official--agency-167--7001.1420}
Any person who is required by section 401 of the Clean Water Act, United States Code, title 33, section 1341, to obtain a certification from the state of Minnesota shall make application to the agency.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 10 SR 2235*
##### **Minn. R. 7001.1430** Application Deadlines {#sec-7001.1430 omnilex-key=us-mn-regs-official--agency-167--7001.1430}
Part 7001.0040, subparts 1 and 2, apply to applications for issuance, modification, revocation and reissuance, or reissuance of a section 401 certification, except that the time period referenced in part 7001.0040, subpart 1, shall be 90 days instead of 180 days.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 10 SR 2235*
##### **Minn. R. 7001.1440** Public Notice of Application and Preliminary Determination {#sec-7001.1440 omnilex-key=us-mn-regs-official--agency-167--7001.1440}
**Subpart 1. Public notice required.**
Except as provided in subpart 2, the commissioner shall prepare and issue public notices in accordance with the requirements of part 7001.0100, subpart 4, except that the public comment period shall be established by the commissioner on a case-by-case basis after considering the scope, nature, and potential impacts on water quality of the project. In no event shall the public comment period be less than ten days.
**Subp. 2. Exception.**
The commissioner is not required to prepare and distribute a public notice pursuant to part 7001.0100, subpart 4, if the commissioner finds that a federal agency or department has prepared and distributed or will prepare and distribute a public notice concerning a section 401 certification in accordance with the public notice requirements applicable to the federal agency or department under federal statutes or regulations, so long as the notice is actually prepared and distributed.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 10 SR 2235; L 1987 c 186 s 15*
##### **Minn. R. 7001.1450** Final Determination {#sec-7001.1450 omnilex-key=us-mn-regs-official--agency-167--7001.1450}
**Subpart 1. Action required.**
The agency shall make final determinations with respect to section 401 certifications by taking one of the following actions:
A. Issue, reissue, revoke and reissue, or modify a section 401 certification in accordance with part 7001.0140, subpart 1 and upon making a finding that the discharge which is the subject of the section 401 certification will comply with sections 301, 302, 303, 306, and 307 of the Clean Water Act, United States Code, title 33, sections 1311, 1312, 1313, 1316, and 1317.
B. Deny or revoke a section 401 certification upon making the findings set forth in part 7001.0140, subpart 2 or the findings set forth in subpart 2.
C. Waive the agency's authority to issue a section 401 certification in accordance with part 7001.1460.
**Subp. 2. Denial of certification required.**
The agency shall deny a section 401 certification if the agency finds that the issuance will result in a discharge of a radiological, chemical, or biological warfare agent.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 10 SR 2235*
##### **Minn. R. 7001.1460** Waiver {#sec-7001.1460 omnilex-key=us-mn-regs-official--agency-167--7001.1460}
With respect to the discharge that is the subject of the application, the agency is considered to have waived its authority to issue a section 401 certification under the following circumstances:
A. If the agency notifies the applicant in writing that it is waiving the agency's authority to certify the project. If issuance of the waiver is conditional, the notification shall specify the conditions that must be met.
B. If the agency fails or refuses to make a final determination on an application for a section 401 certification within one year after receipt of the application and the agency's failure or refusal to act is not a result of the applicant's failure or refusal to cure a deficiency in the application as required by the commissioner pursuant to part 7001.0090.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 10 SR 2235; L 1987 c 186 s 15*
##### **Minn. R. 7001.1470** Terms and Conditions of Section 401 Certifications {#sec-7001.1470 omnilex-key=us-mn-regs-official--agency-167--7001.1470}
**Subpart 1. General terms required.**
A section 401 certification issued by the agency shall include the following:
A. The name and address of the certificate holder.
B. A statement that the agency has examined the section 401 certification application and any other information furnished by the applicant and bases its certification upon an evaluation of this information that is relevant to water quality considerations.
C. A statement that there is reasonable assurance that the activity will be conducted in a manner that will not violate applicable water quality standards.
D. The terms and conditions in part 7001.0150, except that the provisions of part 7001.0150, subpart 1 do not apply to section 401 certifications. In addition to the special conditions in part 7001.0150, subpart 2, a section 401 certification shall contain the special conditions described in subpart 2.
**Subp. 2. NPDES conditions.**
A section 401 certification shall contain the special conditions described in part 7001.1080, subparts 2 to 9, which conditions shall be established in the same manner as special conditions are established under part 7001.1080 for national pollutant discharge elimination system permits.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 10 SR 2235*
##### **Minn. R. 7001.3000** Scope {#sec-7001.3000 omnilex-key=us-mn-regs-official--agency-167--7001.3000}
Parts 7001.0010 to 7001.0210 and 7001.3000 to 7001.3550 govern the application procedures, the issuance, and the conditions of solid waste management facility permits. Chapter 7000 and parts 7001.0010 to 7001.0210 and 7001.3000 to 7001.3550 are construed to complement each other.
**History**
- *Statutory Authority: MS s 14.06; 115.03; 116.07*
- *History: 13 SR 1150; 19 SR 1310*
##### **Minn. R. 7001.3025** Definitions {#sec-7001.3025 omnilex-key=us-mn-regs-official--agency-167--7001.3025}
The definitions in parts 7001.0010 and 7035.0300 apply to the terms used in parts 7001.3000 to 7001.3550.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3050** Permit Requirements {#sec-7001.3050 omnilex-key=us-mn-regs-official--agency-167--7001.3050}
**Subpart 1. Permit required.**
Except as provided in subpart 2, a solid waste management facility permit or permit modification is required to:
A. treat, store, process, transfer, or dispose of solid waste;
B. establish, construct, or operate a solid waste management facility; or
C. change, add, or expand a permitted solid waste management facility.
**Subp. 2. Exclusions.**
A solid waste management facility permit is not required:
A. for backyard compost sites and small compost sites as defined in part 7035.0300;
B. for demonstration/research projects authorized by part 7035.0450 unless the project is required to have a permit under federal law;
C. for beneficial use of solid waste done according to part 7035.2860;
D. for storage of a solid waste prior to its beneficial use when done according to parts 7035.2855 and 7035.2860;
E. for disposal of solid waste on the same property on which it was discovered, when a person has made a request to the commissioner for review, investigation, and oversight under Minnesota Statutes, section 115B.17, subdivision 14, and is conducting response actions in accordance with a plan approved by the commissioner under Minnesota Statutes, section 115B.175;
F. when the commissioner has granted an exemption to allow operation without a permit to expedite the proper management of solid waste and to prevent, abate, or control pollution if the commissioner determines that such an exemption is necessary as an immediate response to an emergency. A permit application must be submitted within 90 days after such an exemption is granted;
G. for a transfer facility that moves from location to location and receives solid waste directly from other vehicles for consolidation prior to subsequent transport, disposal, or processing, provided it is not located in an area for more than 12 hours, all waste is delivered vehicle to vehicle and is not dumped and reloaded;
H. for a temporary community cleanup event transfer facility provided:
I. for a limited solid waste collection services transfer facility that directly accepts waste from individual residents that self-haul, provided the county where the facility is located has determined that the facility is necessary due to limited availability of solid waste collection services, and:
**Subp. 3. Permits-by-rule.**
The owner or operator of a facility described in items A to H is deemed to have obtained a solid waste management facility permit without making application for it.
A. A transfer facility where all waste is managed and stored in containers or roll-off boxes constructed of impervious material or in a fully enclosed building that meets the standards in part 7035.2870, subpart 4, or where the commissioner has determined that the current design is adequate as provided in part 7035.2870, subpart 3, provided that in either case:
B. Demolition debris land disposal facilities designed for less than 15,000 cubic yards total capacity and operating less than a total of 12 consecutive months, not located adjacent to another demolition debris permit by rule facility, and in compliance with parts 7035.2525 to 7035.2655, 7035.2825, and 7035.2855.
C. Compost facilities receiving yard waste only and in compliance with part 7035.2836, subparts 2 and 3.
D. Recycling facilities in compliance with part 7035.2845.
E. Energy recovery facilities governed by chapters 7007, 7009, and 7011, except that facilities processing refuse-derived fuel on-site prior to incineration and energy recovery at the site, must be permitted in accordance with parts 7001.0010 to 7001.0210 and 7001.3000 to 7001.3550.
F. Storage sites for nonsludge wood waste generated from the wood preparation phase prior to processing or water treatment lime sludge and in compliance with part 7035.2855.
G. Facilities receiving solid waste from the exploration, mining, milling, smelting, and refining of ores and minerals provided that:
H. Facilities receiving five tons or less of municipal solid waste combustor ash for the purpose of researching in a laboratory ash treatment or utilization provided that ash is stored in compliance with part 7035.2855 and disposed of in compliance with part 7035.2885 or used in accordance with agency approvals, and provided that the facility owner or operator notifies the commissioner of the source and quantity of ash and the proposed method for managing the ash after research is complete; notification must also include a description of the research methods and intent, and must be received by the commissioner before ash is received at the facility.
**Subp. 4. Termination of eligibility for permit-by-rule.**
The agency may terminate the eligibility of a facility for permit-by-rule status as described in subpart 3, if the agency makes any of the findings of fact listed in items A to C, after notice and opportunity for a contested case hearing or a public informational meeting. An owner or operator, whose facility's eligibility to be permitted under this part has been terminated, must apply for an individual facility permit under parts 7001.3300 to 7001.3550 within 90 days or close the facility in compliance with parts 7035.2525 to 7035.2875. The agency may commence proceedings to terminate eligibility for any of the following reasons:
A. the facility does not comply with subpart 3;
B. the owner or operator is conducting other activities at the site that are required to be conducted under a solid waste management facility permit; or
C. circumstances require the facility to be permitted and subject to the requirements of parts 7035.0300 to 7035.2875 and any other rule in order to protect human health or the environment.
**History**
- *Statutory Authority: MS s 14.388; 115.03; 115A.97; 116.07; L 2014 c 237 s 13*
- *History: 13 SR 1150; 16 SR 2321; 18 SR 1059; 19 SR 2330; 21 SR 327; 21 SR 1642; 28 SR 1086; 30 SR 529; 39 SR 857; 39 SR 1763*
##### **Minn. R. 7001.3055** Closure/Postclosure Care {#sec-7001.3055 omnilex-key=us-mn-regs-official--agency-167--7001.3055}
The agency shall issue a closure document containing the closure/postclosure care requirements at the time a solid waste management facility is closed under the conditions listed in part 7035.2625, subpart 1. Based on the closure plan submitted under part 7035.2625, subpart 3, the postclosure care plan submitted under part 7035.2645, subpart 1, and the operational and monitoring reports for the facility, the closure document must specify the length of the postclosure care period, monitoring, testing and reporting requirements, and site maintenance requirements.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3060** Designation of Permittee {#sec-7001.3060 omnilex-key=us-mn-regs-official--agency-167--7001.3060}
The agency shall designate the landowner, facility owner, and facility operator as copermittees when issuing a solid waste management facility permit.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3075** Solid Waste Management Facility Permit Application {#sec-7001.3075 omnilex-key=us-mn-regs-official--agency-167--7001.3075}
**Subpart 1. Application submittals.**
The application for a solid waste management facility permit must contain a final application with the appropriate supporting documents, and for mixed municipal solid waste and municipal solid waste combustor ash land disposal facilities, a preliminary application and detailed site evaluation report. The information requirements for the preliminary application are established in part 7001.3175 and for the detailed site evaluation in part 7001.3275. The information requirements for the final application are set forth in part 7001.3300. The applicant must also submit any information required in parts 7001.3375 to 7001.3475 with the final application.
**Subp. 2. Timing of application.**
Applicants shall submit permit applications for existing and new solid waste management facilities or for reissuance of existing permits in accordance with part 7001.0040, except as provided in items A and B.
A. The applicant for a permit to construct a new mixed municipal solid waste or municipal solid waste combustor ash land disposal facility must submit a preliminary application at least 90 days before the work begins on the detailed site evaluation required by part 7001.3275.
B. Part 7001.0040, subpart 3, controls the submission of an application for the reissuance of existing permits except as provided in this part. When the commissioner receives a written request that shows good cause for an extension of time to submit the application for reissuance of an existing permit, the commissioner shall grant the extension if the requested date for filing does not extend beyond the expiration date of the permit. The application must contain the information required for a final application in part 7001.3300.
**Subp. 3. Transfer facilities extended permit term.**
A. For transfer facilities that have operated under an existing permit issued under parts 7001.0010 to 7001.0200, no application is required for permit reissuance upon the expiration date of the permit and the term of the permit shall be extended indefinitely unless (1) the commissioner requires the facility to be repermitted as provided in part 7001.3410, subpart 3, or (2) the owner or operator of the facility plans to make a major modification to the facility. In either of these cases, the owner and operator shall submit an application for reissuance or modification of the permit as provided in this chapter. This application shall be approved or denied following the procedures in this chapter. As used in this part, "operated" means to have accepted waste at levels constituting normal expected volumes for facilities for a minimum of one year during the most recent ten-year term of the permit, such that the agency can reasonably conclude that the facility is operating in compliance with applicable rules and its permit. For purposes of this part, a "major modification" means a change in the type of waste managed at the facility, an increase beyond the original permitted capacity, or a change that could significantly affect compliance with the design or operation standards of part 7035.2870, subparts 4 and 5. The owner or operator may request, in writing, that the agency make a written determination as to whether any planned changes significantly affect compliance with design or operation standards.
B. Owners and operators of transfer facilities operating under an extended permit may make minor modifications as listed in part 7001.3550, subpart 3, at any time, provided that notice of the minor modification is given to the agency as provided in part 7001.3410, subparts 1 and 2. Owners of facilities operating under an extended permit must follow the requirements in part 7001.0190, subpart 2, before transferring ownership and control of the facility. Transfer facilities operating under an extended permit, as provided in this subpart, must submit to the agency the notification required by part 7001.3410, and the annual report required under part 7035.2585.
**Subp. 4. Source-separated organic material compost facilities extended permit term.**
A. For source-separated organic material compost facilities as defined in part 7035.2836 that have operated under an existing permit issued under parts 7001.0010 to 7001.0200, no application is required for permit reissuance upon the expiration date of the permit and the term of the permit shall be extended indefinitely unless (1) the commissioner requires the facility to be repermitted as provided in part 7001.3410, subpart 3, or (2) the owner or operator of the facility proposes a major modification to the facility. In either of these cases, the owner and operator shall submit an application for reissuance or modification of the permit as provided in this chapter. The commissioner shall process the application following the procedures in this chapter. For purposes of this part, "operated" means to have accepted source-separated organic material as defined in part 7035.0300, subpart 105a, for composting at levels constituting normal expected volumes for facilities for a minimum of one year during the most recent ten-year term of the permit, such that the agency can reasonably conclude that the facility is operating in compliance with applicable rules and its permit. For purposes of this part, a "major modification" means a change in the type of materials managed at the facility, an increase beyond the original permitted capacity, or a change that could significantly affect compliance with the design or operation standards of part 7035.2836, subparts 8 and 9.
B. Owners and operators of source-separated organic material compost facilities operating under an extended permit may make minor modifications as listed in part 7001.3550, subpart 3, at any time, provided that notice of the minor modification is given to the agency as provided in part 7001.3410, subparts 1 and 2. Owners of facilities operating under an extended permit must comply with the requirements in part 7001.0190, subpart 2, before transferring ownership and control of the facility. Owners or operators of source-separated organic material compost facilities operating under an extended permit, as provided in this subpart, must submit to the agency the notification required by part 7001.3410, and the annual report required under part 7035.2585.
**History**
- *Statutory Authority: MS s 14.388; 115.03; 115A.97; 116.07; L 2014 c 237 s 13*
- *History: 13 SR 1150; 16 SR 2321; 30 SR 529; 39 SR 857; 39 SR 1763*
##### **Minn. R. 7001.3111** Additional Siting Requirements for Certain Landfills That Have Not Received a Permit Before January 1, 2011 {#sec-7001.3111 omnilex-key=us-mn-regs-official--agency-167--7001.3111}
**Subpart 1. Applicability.**
In addition to the requirements of this chapter and chapter 7035, after January 1, 2011, an applicant for a solid waste land disposal facility permit that is not a contiguous expansion of a permitted facility or a noncontiguous expansion within 600 yards of a permitted facility must demonstrate to the commissioner that the facility meets the additional requirements of this part, unless that facility will accept only demolition and construction debris and incidental packaging or that facility will accept only industrial waste that is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting from the manufacture of building materials.
**Subp. 2. Site evaluation.**
The applicant must comply with parts 7001.3175, 7001.3200, and 7001.3275.
**Subp. 3. Siting standards.**
The applicant must demonstrate to the commissioner using testable or otherwise objective data that the proposed landfill site meets the criteria in item A or B and the criteria in items C and D. The applicant must provide a certification for site and groundwater conditions from a professional geologist licensed in Minnesota and a certification for structural conditions from a professional engineer licensed in Minnesota.
A. The predicted minimum time of travel of groundwater contaminants from the proposed landfill's base grade to an approvable proposed compliance boundary is at least 100 days.
B. Groundwater flow is known in sufficient detail to allow monitoring for potential contaminant releases, and site and groundwater conditions would allow the owner/operator sufficient space and time to implement corrective actions to prevent contaminants released from the landfill from exceeding applicable standards at a compliance boundary.
C. No karst exists within 200 feet laterally of the proposed waste fill area.
D. At sites where carbonate bedrock exists, either of the following conditions are met within the area of the compliance boundary:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 36 SR 1047*
##### **Minn. R. 7001.3125** Denial of Continued Operation of an Existing Land Disposal Facility {#sec-7001.3125 omnilex-key=us-mn-regs-official--agency-167--7001.3125}
The agency may deny or revoke a permit to operate an existing land disposal facility. Permit denial or revocation is based on the owner's or operator's inability to comply with: financial assurance requirements; location, operation, and design requirements; or ground water, surface water, and air quality standards established in parts 7035.2525 to 7035.2875. If a permit for an existing land disposal facility is denied or revoked, the agency shall issue a closure document in accordance with part 7001.3055. The closure document may allow up to five years to comply with the closure requirements of parts 7035.2635, 7035.2645, 7035.2655, and 7035.2815, subpart 16. The closure document will establish a postclosure care period and requirements in accordance with parts 7035.2635 to 7035.2655, and 7035.2815, subpart 16.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3150** Certification of Permit Applications and Reports {#sec-7001.3150 omnilex-key=us-mn-regs-official--agency-167--7001.3150}
A person who signs a permit application or any portion of it, or any report required by a permit to be submitted to the commissioner or agency must make the certification required by part 7001.0070 and shall make the following additional certification: "I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment." An engineer registered in Minnesota must certify all technical documents, such as design drawings and specifications, engineering reports, and hydrogeologic studies, required to be submitted as part of a permit application or by a permit condition.
The hydrogeologic report and all related ground water and surface water monitoring reports must be signed by a person knowledgeable in the field of hydrogeology. This person must certify the quality of work performed and must have been responsible for the gathering and interpretation of the hydrogeologic data and the preparation of the reports.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3175** Contents of Preliminary Application {#sec-7001.3175 omnilex-key=us-mn-regs-official--agency-167--7001.3175}
The applicant shall submit four copies of a preliminary application to the commissioner. The application must contain the following:
A. the information required in part 7001.0050, except item G;
B. on the topographic map submitted under part 7001.0050, item F, the location of all current and former wells, springs, karst features, and permanent or intermittent surface water bodies listed in public records or otherwise determined by the applicant to exist within a one-mile radius of the property boundaries of the proposed facility site or sites;
C. a preliminary site evaluation report as described in part 7001.3200;
D. a list of other necessary permits and approvals and whether each has been granted;
E. a description of the present land use of the site or sites and an area within a one-mile radius of the site or sites, including the identification of the landowners; zoning designations; recreational, historical, or archeological areas; present or proposed access roads and weight restrictions; and how the proposed facility might affect these areas;
F. the amount of land required to provide the waste disposal capacity determined under Minnesota Statutes, sections 115A.917 and 473.823;
G. a description of the work to be completed during the detailed site evaluation, as outlined in part 7001.3275, for the facility location recommended in the preliminary site evaluation report; and
H. a description of efforts to secure leachate treatment.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3200** Preliminary Site Evaluation Report {#sec-7001.3200 omnilex-key=us-mn-regs-official--agency-167--7001.3200}
The preliminary site evaluation report must contain a statement of the land disposal capacity needed, as determined under Minnesota Statutes, sections 115A.917 and 473.823. The report must contain a description of the site selection process, stating how candidate sites were chosen, how and by whom they were evaluated, and the basis for eliminating potential sites from consideration. For the site or sites recommended for detailed evaluation, the report must contain preliminary evaluations of the following conditions, accompanied by supporting technical documentation:
A. the site's geology, ground water occurrence, horizontal and vertical directions and rates of ground water movement, and ground water quality, based on the preliminary review of available hydrogeologic maps and references, air photography, logs of previous borings and wells, and other available information required under part 7035.2815, subpart 3, item E;
B. the site's capability to protect ground water and surface water if the leachate management system fails to contain leachate;
C. the feasibility of the ground water monitoring required under part 7035.2815, subpart 10;
D. the feasibility of containing and removing polluted ground water or waste and waste by-products;
E. the site's ability to meet the location standards of parts 7035.2555 and 7035.2815, subpart 2;
F. the availability of sufficient land for the buffer area and the setback from the property line required under part 7035.2815, subparts 2 and 5 and for the designation of a compliance boundary surrounding the facility as required under part 7035.2815, subpart 4;
G. the availability of suitable materials for the liners and cover required under part 7035.2815, subparts 6 and 7;
H. the potential for soil erosion or surface drainage to lead to increased leachate generation, failure of leachate containment features, runoff, or other undesirable consequences; and
I. the initial efforts to secure treatment facilities for leachate generated at the facility.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3275** Detailed Site Evaluation Report {#sec-7001.3275 omnilex-key=us-mn-regs-official--agency-167--7001.3275}
**Subpart 1. Scope.**
The applicant shall submit four copies of a detailed site evaluation report for all mixed municipal solid waste land disposal facilities. The report must include the information required in subparts 2 to 8 and supporting documentation. The report must discuss whether the site meets the requirements of part 7035.2815. The applicant shall submit four copies of a detailed site evaluation report for all municipal solid waste combustor ash land disposal facilities. The report must include the information required in subparts 2 to 8 with the exception of subpart 4, item D, along with supporting documentation. The report must discuss whether the site meets the requirements of part 7035.2885.
**Subp. 2. Hydrogeologic evaluation.**
The applicant must conduct a hydrogeologic investigation to define the soil, bedrock, and ground water conditions at the site. The investigation must meet the requirements of part 7035.2815, subpart 3, items A to I. A hydrogeologic evaluation must meet the requirements of part 7035.2815, subpart 3, item G, subitems (1) to (8).
**Subp. 3. Soils for cover and liner construction.**
The applicant must evaluate the availability and suitability of soil for cover and liner construction. This evaluation must include a description of the source and quantity of the soil, soil descriptions and unified classifications, particle size analyses, permeability at specified moisture and densities, Atterberg limits, and, for liner materials, cation exchange capacity. The determination must consist of the evaluations required in part 7035.2815, subpart 8. The evaluation must assess whether the available soils will meet the requirements of part 7035.2815, subparts 6 and 7 for a mixed municipal solid waste land disposal facility, and part 7001.2885, subparts 10 and 11 for a municipal solid waste combustor ash land disposal facility.
**Subp. 4. Conceptual facility design.**
The applicant must include a design conceptualizing the important features of the facility. The following items must be addressed in the plans and accompanying narrative:
A. a description of the amount and types of waste to be received, the amount and type of cover needed, and the capacity of the site;
B. a site layout showing surface drainage, existing natural screening and proposed screening, on-site and off-site surface water sources, rock outcroppings, on-site buildings, on-site wells, and property boundaries;
C. a site development plan depicting fill areas, borrow areas, on-site roads, and surface drainage control structures;
D. a plan sheet designating special waste handling areas such as general storage areas, recycling areas, tire storage areas, demolition debris or industrial solid waste fill areas, or compost areas;
E. a proposed design of the fill area including the proposed number of phases and the size of each phase, the direction of filling as it relates to prevailing winds and the slope of the trench bottoms, depth of fill, final contours, and the locations and descriptions of the gas and leachate collection, storage, and treatment systems including cross-sectional plan views;
F. a description of the leachate collection, storage, and treatment system indicating the type and size of pipe to be used, the length and spacing of pipe runs, proposed pumps, the storage system, and the proposed treatment system;
G. a description of the liner system to be used, including type of liner, method of placement and protection, and any special design features particular to the liner;
H. a description of the gas monitoring, venting, and collection system, based on the proximity of off-site buildings or other potentially affected areas, and on-site soils; and
I. an estimated construction cost.
**Subp. 5. Proposed compliance boundary.**
The detailed site evaluation report must propose the location and configuration of a compliance boundary meeting the requirements of part 7035.2815, subpart 4. A plan sheet must show the locations of the proposed monitoring points; the proposed compliance boundary; the proposed limits of the waste fill and leachate management system; the property lines; ground water flow directions; and any nearby surface waters. The applicant may use a single plan sheet for these requirements and those of subpart 4, item C, if all the required information can be clearly shown.
**Subp. 6. Feasibility of corrective action.**
The detailed site evaluation report must discuss the feasibility of the owner or operator implementing corrective actions in accordance with items A to D.
A. The applicant must determine whether it is technically feasible to take the corrective actions required in parts 7035.2615 and 7035.2815, subpart 15, at the proposed site. The applicant also must consider the costs of corrective actions at the site and the time available for corrective action based on ground water flow conditions at the site.
B. The applicant must identify and describe the potential modes of failure or evidence of failure, including:
C. For each potential type of failure identified under item B, the applicant must:
D. Based on the analysis in items A to C, the applicant must state the conclusions reached regarding the feasibility of corrective actions, including the capability to fund the actions identified.
**Subp. 7. Final use.**
The detailed site evaluation report must include a proposal for the use of the site after closure consistent with part 7035.2815, subpart 16.
**Subp. 8. Additional information.**
The detailed site evaluation report must include the information needed to complete an Environmental Assessment Worksheet or an Environmental Impact Statement, if applicable, in accordance with chapter 4410 or parts 7849.1000 to 7849.2100 and 7850.1000 to 7850.5600.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321*
##### **Minn. R. 7001.3300** General Information Requirements for Final Application {#sec-7001.3300 omnilex-key=us-mn-regs-official--agency-167--7001.3300}
The applicant shall submit to the commissioner four copies of the final application and supporting materials for any solid waste management facility. The applicant must use a horizontal scale of one inch equals 200 feet in all drawings and plans, unless otherwise specified. The applicant must mark all plans and reports with the initial date prepared. All subsequent revisions must be dated and include a notation of what revisions were made. The application must contain:
A. a general description of the facility;
B. an industrial waste management plan in accordance with part 7035.2535, subpart 5, to include a description of the waste types to be handled at the facility and the quantities of each waste type including a procedure for determining the analyses necessary to treat, store, or dispose of the waste properly in accordance with parts 7035.2525 to 7035.2885. Municipal solid waste combustor ash land disposal facility applications must explain how the owner or operator will ensure that industrial wastes other than wastes specifically approved by the commissioner in accordance with part 7035.2885, subpart 3, will not be disposed of at the facility;
C. a description of the security procedures and equipment required by part 7035.2535, subpart 3, or a discussion of reasons the security procedures are unnecessary at the facility;
D. the inspection schedule required by part 7035.2535, subpart 4;
E. the contingency action plan required by part 7035.2615, including the information, if applicable, in parts 7035.2815, subpart 15, and 7035.2825 to 7035.2885;
F. a description of procedures, structures, or equipment used at the facility to:
G. a description of precautions used to prevent ignition or explosions of waste or waste by-products and an emergency response plan required by parts 7035.2595 and 7035.2605;
H. a description of the traffic patterns and traffic control at the facility including a drawing showing traffic lanes; parking, loading, and unloading areas; estimated traffic volume at the facility; types of vehicles expected to use the facility; and a description of access road surfacing and load bearing capacity;
I. a description including plans showing how the storage requirements of part 7035.2855 will be met;
J. a closure plan and, when applicable, the postclosure plan required by parts 7035.2625 and 7035.2645;
K. if applicable, an up-to-date closure cost estimate for the facility prepared under part 7035.2625, subpart 3 and evidence of the financial assurance required in parts 7035.2665 to 7035.2805;
L. if applicable, an up-to-date postclosure cost estimate for the facility prepared under part 7035.2645, subpart 2, and evidence of the financial assurance required in parts 7035.2665 to 7035.2805;
M. if applicable, an up-to-date corrective action cost estimate for the facility prepared under part 7035.2615 and evidence of the financial assurance required in parts 7035.2665 to 7035.2805;
N. a topographic and development map showing the facility and the area surrounding the facility for a distance of at least 1,320 feet using a scale of one inch equals 200 feet. The maps must include contours of not greater than two-foot intervals that show the pattern of surface water flow in and adjacent to the facility. The maps must show the following:
O. any additional geologic and other location information required to demonstrate compliance with parts 7035.2615, 7035.2815, subpart 15, and 7035.2825 to 7035.2885;
P. an operations and maintenance manual that includes:
Q. a construction inspection, quality control, and quality assurance plan showing a detailed inspection schedule for construction completed at the site; the sampling procedures including number and tests completed; the procedures for interpretation and submission of inspection and test results to the commissioner; and all other material required to comply with parts 7035.2525 to 7035.2885;
R. a household hazardous waste management plan according to part 7035.2535, subpart 6; and
S. any additional information that the commissioner determines is necessary to decide whether the facility will meet all applicable Minnesota and federal statutes and rules during permit issuance.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 15 SR 2106; 16 SR 2321*
##### **Minn. R. 7001.3375** Final Application Information Requirements for Compost Facilities {#sec-7001.3375 omnilex-key=us-mn-regs-official--agency-167--7001.3375}
The application for a compost facility permit must include the following information in addition to the information required by part 7001.3300:
A. a description of the area proposed to be used for each stage of the composting process;
B. a description of the design and physical features of the facility, including run-off, run-on, and leachate control systems;
C. a description of the material to be composted;
D. a description of the composition of the rejects and residuals;
E. a description of the disposal method for the rejects and residuals;
F. the design of an odor control system;
G. the design and performance specifications of the composting facility;
H. a description of the composting method to be used including retention time, temperature to be achieved, number of turns needed, and the air flow design;
I. an operating plan indicating how the provisions of part 7035.2836 will be met, including a waste analysis plan;
J. a description of the proposed uses for the compost;
K. a workplan for any proposed soil characterization to comply with part 7035.2836, subpart 9, item B, subitem (8). Once the workplan is approved by the commissioner, the owner or operator of a source-separated organic material compost facility must submit a report summarizing field activities used for the site characterization to the commissioner for review and approval prior to issuance of the permit; and
L. for source-separated organic material compost facilities, evidence that the owner and operator have obtained all necessary approvals from the municipality, as defined under part 7035.0300, subpart 67. A municipality that has submitted a permit application under this part is not required to submit a municipality approval. The owner or operator must submit a copy of any approvals obtained from a municipality. If the facility is located in an area where no municipality approval is required, the owner or operator must submit a signed written statement indicating that no municipality approval is required.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 21 SR 327; 39 SR 857*
##### **Minn. R. 7001.3400** Final Permit Application Information Requirements for Transfer Facilities {#sec-7001.3400 omnilex-key=us-mn-regs-official--agency-167--7001.3400}
The application for a transfer facility permit must include the following information in addition to the information required by part 7001.3300:
A. detailed plans and an engineering report specifying how the facility will be constructed and operated including:
B. information demonstrating that the facility will meet the design standards in part 7035.2870, subpart 4, or that the facility qualifies under part 7035.2870, subpart 3, and information demonstrating that the facility will meet the operations standard in part 7035.2870, subpart 5; and
C. evidence that the owner and operator have obtained all necessary municipality approvals. The owner or operator must submit a copy of any approvals obtained. If the facility is located in an area where no municipality approval is required, the owner or operator shall submit a signed written statement indicating that no municipality approval is required.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 30 SR 529*
##### **Minn. R. 7001.3410** Extended Permit Notification and Termination Procedures {#sec-7001.3410 omnilex-key=us-mn-regs-official--agency-167--7001.3410}
**Subpart 1. Notification contents.**
Owners or operators of transfer facilities or source-separated organic material compost facilities operating under an extended permit shall submit to the agency, upon the anniversary of the expiration date of the permit, and every ten years thereafter, a notification containing the following information:
A. the facility name, address, mailing address, and facility contact name and telephone number;
B. the permit number;
C. any minor modifications that have been made at the facility since permit issuance or the date of last notification;
D. a summary of annual updates, if any, to the industrial solid waste management plan required by part 7035.2535, subpart 5; the contingency action plan required by part 7035.2615; the emergency response plan required by part 7035.2595, subpart 5; the operations and maintenance plan required by part 7001.3300, item P; the inspection schedule required by part 7035.2535, subpart 4; the stormwater pollution prevention plan if required under parts 7001.1000 to 7001.1100; and the closure plan as provided under part 7035.2625; and
E. signatures and certifications in accordance with parts 7001.0060, 7001.0070, and 7001.3150.
**Subp. 2. Updates in the annual report.**
For any minor modifications and for any changes to the plans and schedules listed under subpart 1, item D, the owner or operator shall include a description of any changes in the annual report submitted under part 7035.2585, item L. These changes are considered approved upon receipt by the agency, but the owner or operator must amend the plans or schedules if, at any time, the agency notifies the owner or operator that the plans or schedules are deficient.
**Subp. 3. Termination of extended permit operation as allowed under part 7001.3075.**
The agency shall notify the owner or operator of a transfer facility or a source-separated organic material compost facility operating under an extended permit that the transfer facility or source-separated organic material compost facility is no longer eligible to operate under an extended permit and must be repermitted under chapter 7001 under any of the following conditions:
A. the transfer facility or source-separated organic material compost facility has unresolved noncompliance or has not been operated substantially in accordance with applicable standards;
B. the owner or operator has made changes to the facility that require a major modification as described in part 7001.3075, subpart 3, without filing a permit application;
C. the owner or operator has failed to update required plans or schedules or has submitted reports that contain material deficiencies and has not corrected those deficiencies; or
D. the owner or operator has failed to submit the notification or the annual report required under part 7035.2585. In the termination notice, the agency shall state the reasons why the agency proposes to require repermitting of the facility and shall provide the owner or operator with 30 days to respond to the notice. Following receipt of the response, if any, the agency shall make a final determination and shall notify the owner and operator of that decision. Upon receipt of this final determination, the owner or operator may elect to seek to continue the operation of the transfer facility or source-separated organic material compost facility by submitting a permit application, or may close the facility. If the owner or operator elects to continue the operation, the owner or operator shall submit a permit application within 30 days of receipt of the final determination. The commissioner shall process the application following the procedures in chapter 7001. If the owner or operator elects to close the facility, the owner or operator must notify the agency and initiate closure procedures within 30 days of receipt of the final determination.
**History**
- *Statutory Authority: MS s 14.388; 116.07; L 2014 c 237 s 13*
- *History: 30 SR 529; 39 SR 857; 39 SR 1763*
##### **Minn. R. 7001.3425** Final Application Information Requirements for Demolition Debris Land Disposal Facilities {#sec-7001.3425 omnilex-key=us-mn-regs-official--agency-167--7001.3425}
The application for a demolition debris land disposal facility permit must include the following information in addition to the information required by part 7001.3300:
A. a calculation of site capacity and operating life;
B. the detailed plans and engineer's report specifying the manner in which the facility will be constructed and operated to control run-on and run-off;
C. a description of the procedures to be used in controlling the wind dispersion of particulate matter and fugitive dust;
D. a phase development plan showing the progressive development of trench or area fills and the construction associated with each phase;
E. a cross-section plan with a vertical scale of one inch equals ten feet and a horizontal scale of one inch equals 100 feet, including a minimum of two cross-sections per phase, perpendicular to one another, showing the existing grades, the excavation grade, the final grade, the water table profile, and the profile and identity of the bedrock, as applicable;
F. a complete soils evaluation, including individual boring logs, as required in part 7035.2825;
G. a hydrogeologic study completed in accordance with parts 7001.3275 and 7035.2825, the extent of which will be determined by the commissioner based on the location, proposed operational practices, and the types of waste expected;
H. the methods to be followed to control noise and access to the facility;
I. a list of the equipment to be used at the site including the model, capacity, number, and ability to handle bulky items;
J. a description of the proposed ground water monitoring system required by part 7035.2825, subpart 12;
K. a listing of any other permits required for the facility;
L. an inspection procedure for the facility operator to determine that only permitted wastes are received at the facility; and
M. any additional information the commissioner determines to be necessary to meet the requirements of parts 7035.2525 to 7035.2805 and 7035.2825.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3450** Final Application Information Requirements for Refuse-Derived Fuel Processing Facilities {#sec-7001.3450 omnilex-key=us-mn-regs-official--agency-167--7001.3450}
The final application for a refuse-derived fuel processing facility permit must include the following information in addition to the information required by part 7001.3300:
A. a description of the area proposed to be used for separation of the solid waste into its components, such as ferrous metals, screenings, refuse-derived fuel materials, and residuals;
B. a description of the facility design, including storage areas, prior to and after processing, processing areas, loading areas for removal of the waste components, and how the processed waste is further used in an on-site solid waste management facility;
C. a description of the end products;
D. a material flow and balance calculation used to design the facility;
E. the design of an odor and a particulate or fugitive dust control system;
F. the design, construction, and operating specifications;
G. an operations plan including the specific manuals for operating the processing equipment and protective measures to prevent explosions;
H. a description of the proposed end uses for each waste component; and
I. any additional information necessary to meet the requirements of part 7035.2875.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3475** Final Application Information Requirements for Mixed Municipal Solid Waste Land Disposal Facilities {#sec-7001.3475 omnilex-key=us-mn-regs-official--agency-167--7001.3475}
The application for a mixed municipal solid waste land disposal facility permit must include the following information in addition to the information required by part 7001.3300:
A. The needed capacity determined under Minnesota Statutes, section 115A.917, for Greater Minnesota, or, for facilities located in the metropolitan area, Minnesota Statutes, section 473.823, subdivision 6.
B. A description of the waste types to be handled at the facility including any special handling procedures and areas designated for disposal of particular wastes.
C. A description of the status of the Environmental Assessment Worksheet or Environmental Impact Statement.
D. Detailed plans and an engineering report describing how the applicant will design, construct, operate, and maintain the facility to comply with the requirements of parts 7035.2525 to 7035.2815 and 7035.2855. The submission must address the following items as specified in part 7035.2815:
E. Geologic and hydrogeologic information necessary to demonstrate compliance with part 7035.2815, as submitted in the hydrogeologic report required in part 7001.3275.
F. An operation and maintenance manual detailing the procedures site personnel will follow in order to comply with parts 7035.2525 to 7035.2815.
G. A description of how the applicant will inspect the facility, including the liner and cover systems, in order to meet the requirements of part 7035.2815. The applicant must include this information in the inspection plan submitted under part 7001.3300, item D.
H. Detailed plans and an engineering report describing the final cover applied to each cell at closure under parts 7035.2525 to 7035.2815 and a description of how the applicant will maintain and monitor the facility after closure under parts 7035.2525 to 7035.2815. The applicant must include this information in the closure and postclosure plans submitted under part 7001.3300, item J.
I. The proposed gas monitoring, collection, and treatment system required in part 7035.2815, subpart 11.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.3480** Final Application Information Requirements for Municipal Solid Waste Combustor Ash Land Disposal Facilities {#sec-7001.3480 omnilex-key=us-mn-regs-official--agency-167--7001.3480}
The application for a municipal solid waste combustor ash land disposal facility permit must include the information in items A to I in addition to the information required by part 7001.3300.
A. A description of the ash and any other wastes proposed to be handled at the facility according to part 7035.2885, subpart 3, including the source and chemical and physical characteristics of the ash or other waste.
B. The proposed capacity of the site.
C. A description of how the requirements of part 7035.2885, subparts 4 and 5, regarding maximum leachable contaminant levels will be met. If the design of the land disposal facility liner does not meet the minimum specifications of part 7035.2885, subpart 11, item P, the application must include a contingency action plan describing steps which the owner or operator will take if the results of ash testing or actual leachate analysis exceed the limits allowed based on the design of the facility. All applications must include an assessment of the results of ash testing and actual leachate analysis representative of the ash to be accepted at the facility. This assessment must include the following items:
D. A description of the status of the Environmental Assessment Worksheet or Environmental Impact Statement.
E. Detailed plans and an engineering report describing how the applicant will design, construct, operate, and maintain the facility to comply with the requirements of parts 7035.2525 to 7035.2805 and 7035.2885. The submission must address the following items as specified in part 7035.2885:
F. Geologic and hydrogeologic information necessary to demonstrate compliance with part 7035.2885, as submitted in the hydrogeologic report required in part 7001.3275, subpart 2.
G. An operation and maintenance manual detailing the procedures site personnel will follow in order to comply with parts 7035.2525 to 7035.2805 and 7035.2885.
H. A description of how the applicant will inspect the facility, including the liner and cover systems, in order to meet the requirements of part 7035.2885. The applicant must include this information in the inspection plan submitted under part 7001.3300, item D.
I. Detailed plans and an engineering report describing the final cover applied to each cell at closure under parts 7035.2525 to 7035.2805 and 7035.2885 and a description of how the applicant will maintain and monitor the facility after closure under parts 7035.2525 to 7035.2805 and 7035.2885. The applicant must include this information in the closure and postclosure plans submitted under part 7001.3300, item J.
**History**
- *Statutory Authority: MS s 115A.97*
- *History: 16 SR 2321*
##### **Minn. R. 7001.3500** Terms and Conditions of Solid Waste Management Facility Permits {#sec-7001.3500 omnilex-key=us-mn-regs-official--agency-167--7001.3500}
**Subpart 1. Terms of permit.**
A. A solid waste land disposal facility permit is effective for ten years unless the approved closure plan submitted under part 7035.2625 indicates that the capacity of the facility will be reached in less than ten years, in which case the permit term is based on the estimated year of closure according to part 7035.2625.
B. Except as modified by part 7001.3075, subpart 3, other solid waste management facility permits are effective for a fixed term not to exceed ten years as determined by the agency.
**Subp. 2. Site capacity.**
A mixed municipal solid waste land disposal facility permit will state the certified capacity determined under Minnesota Statutes, sections 115A.917 and 473.823, subdivision 6, as well as the design capacity.
**Subp. 3. Additional general conditions.**
Each draft and final solid waste management facility permit issued by the agency must contain the general conditions in part 7001.0150, subpart 3. In addition, each permit must contain the following general conditions:
A. The permittee must maintain records of all ground water monitoring data and ground water surface elevations for the active life of the facility and, for disposal facilities, for the postclosure care period. The permittee must also maintain an operating record in accordance with part 7035.2575 until closure of the facility.
B. The permittee may not start treatment, storage, or disposal of solid waste in a new solid waste management facility or in a modified portion of an existing solid waste management facility until:
**History**
- *Statutory Authority: MS s 14.388; 115.03; 116.07; L 2014 c 237 s 13*
- *History: 13 SR 1150; 30 SR 529; 37 SR 171; 39 SR 1763*
##### **Minn. R. 7001.3550** Modification of Solid Waste Management Facility Permits; Revocation and Reissuance of Permits {#sec-7001.3550 omnilex-key=us-mn-regs-official--agency-167--7001.3550}
**Subpart 1. Scope.**
In addition to parts 7001.0170, 7001.0180, and 7001.0190, subparts 2 and 3 apply to the modification, revocation, and reissuance of solid waste management facility permits.
**Subp. 2. Additional justification for modification of solid waste management facility permits or revocation and reissuance of permits.**
In addition to the reasons listed in part 7001.0170, the commissioner may commence proceedings to modify a permit, or to revoke and reissue a permit if:
A. the commissioner determines that modification of a closure plan or a postclosure plan is required by part 7035.2625 or 7035.2645;
B. the permittee requests an extension of the 30-day or 60-day periods in parts 7035.2625 to 7035.2655;
C. the commissioner receives notification of closure under part 7035.2625 in advance of the date in the permit;
D. the commissioner determines that modification of the 20-year postclosure period provided in parts 7035.2645 and 7035.2655 is necessary;
E. the commissioner determines that the permittee has made the demonstration required by parts 7035.2645 and 7035.2655, so that disturbance of the integrity of the containment system is authorized;
F. the permittee files a request under parts 7035.2665 to 7035.2805 for a variance from the required level of financial responsibility;
G. the commissioner determines under parts 7035.2665 to 7035.2805 that an upward adjustment of the level of financial responsibility is required;
H. the commissioner determines that the corrective action program in part 7035.2615 has not brought the facility into compliance with the ground water protection standard within the specified period of time;
I. the commissioner determines that conditions applicable to facilities were not previously included in the facility's permit; and
J. the county in which the facility is located has not received a certificate of need or an amended certificate of need, as required by Minnesota Statutes, section 115A.917, or a facility owner in the metropolitan area has not received a certificate of need or an amended certificate of need in accordance with Minnesota Statutes, section 473.823, subdivision 6.
**Subp. 3. Minor modifications of permits.**
In addition to the corrections or allowances listed in part 7001.0190, subpart 3, if the permittee consents, the commissioner may modify a permit to make the corrections or allowances in items A to G without following the procedures in parts 7001.0100 to 7001.0130:
A. change the expected year of closure under parts 7035.2625 and 7035.2635;
B. change schedules for final closure under parts 7035.2625 and 7035.2635;
C. change the list of equipment in the permittee's contingency action plan;
D. change the list of emergency contractors in the permittee's contingency or emergency plan;
E. change the construction schedule for opening and closing approved phases in the permittee's development plans;
F. change monitoring frequencies; and
G. change a provision in the permit that will not result in an increase in the emission or discharge of a pollutant into the environment, or that will not reduce the agency's ability to monitor compliance with applicable statutes and rules. For facilities in the metropolitan area, items A, B, and F must be reviewed and approved by the Metropolitan Council prior to agency approval of the modification.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7001.4000** [Repealed, 12 SR 2513] {#sec-7001.4000 omnilex-key=us-mn-regs-official--agency-167--7001.4000}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4010** [Repealed, 12 SR 2513] {#sec-7001.4010 omnilex-key=us-mn-regs-official--agency-167--7001.4010}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4020** [Repealed, 12 SR 2513] {#sec-7001.4020 omnilex-key=us-mn-regs-official--agency-167--7001.4020}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4030** [Repealed, 12 SR 2513] {#sec-7001.4030 omnilex-key=us-mn-regs-official--agency-167--7001.4030}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4035** [Repealed, 12 SR 2513] {#sec-7001.4035 omnilex-key=us-mn-regs-official--agency-167--7001.4035}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4040** [Repealed, 12 SR 2513] {#sec-7001.4040 omnilex-key=us-mn-regs-official--agency-167--7001.4040}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4050** [Repealed, 12 SR 2513] {#sec-7001.4050 omnilex-key=us-mn-regs-official--agency-167--7001.4050}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4060** [Repealed, 12 SR 2513] {#sec-7001.4060 omnilex-key=us-mn-regs-official--agency-167--7001.4060}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4070** [Repealed, 12 SR 2513] {#sec-7001.4070 omnilex-key=us-mn-regs-official--agency-167--7001.4070}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4080** [Repealed, 12 SR 2513] {#sec-7001.4080 omnilex-key=us-mn-regs-official--agency-167--7001.4080}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4090** [Repealed, 12 SR 2513] {#sec-7001.4090 omnilex-key=us-mn-regs-official--agency-167--7001.4090}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4100** [Repealed, 12 SR 2513] {#sec-7001.4100 omnilex-key=us-mn-regs-official--agency-167--7001.4100}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4110** [Repealed, 12 SR 2513] {#sec-7001.4110 omnilex-key=us-mn-regs-official--agency-167--7001.4110}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4120** [Repealed, 12 SR 2513] {#sec-7001.4120 omnilex-key=us-mn-regs-official--agency-167--7001.4120}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4130** [Repealed, 12 SR 4130] {#sec-7001.4130 omnilex-key=us-mn-regs-official--agency-167--7001.4130}
[Repealed, 12 SR 4130]
##### **Minn. R. 7001.4140** [Repealed, 12 SR 2513] {#sec-7001.4140 omnilex-key=us-mn-regs-official--agency-167--7001.4140}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4150** [Repealed, 12 SR 2513] {#sec-7001.4150 omnilex-key=us-mn-regs-official--agency-167--7001.4150}
[Repealed, 12 SR 2513]
##### **Minn. R. 7001.4200** Scope {#sec-7001.4200 omnilex-key=us-mn-regs-official--agency-167--7001.4200}
Parts 7001.0010 to 7001.0210 and 7001.4200 to 7001.4250 govern the application procedures, issuance, and conditions of major facility substance storage permits. Chapter 7000 shall be construed to supplement parts 7001.0010 to 7001.0210 and 7001.4200 to 7001.4250.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7001.4201** Purpose {#sec-7001.4201 omnilex-key=us-mn-regs-official--agency-167--7001.4201}
The purpose of parts 7001.4200 to 7001.4250 is to establish a major facility permit for aboveground storage of substances that reasonably ensures proper retention of those substances and detection of entry into any waters of the state in a manner that would be likely to pollute any waters of the state.
Safeguards established in the permit shall reflect:
A. the nature, toxicity, viscosity, and quantity of the substance being stored;
B. the potential for a storage tank system to fail;
C. the potential for the failure of a storage tank system to have an adverse impact on the waters of the state;
D. the hydrogeologic setting of the facility, including the thickness of and permeability of soils present between the tank system and groundwater;
E. factors that influence the quality and mobility of the stored substance and the potential for it to migrate to surface water or groundwater; and
F. any other factors necessary to prevent, control, or abate water pollution.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7001.4205** Definitions {#sec-7001.4205 omnilex-key=us-mn-regs-official--agency-167--7001.4205}
**Subpart 1. Scope.**
The definitions in parts 7001.0010 and 7151.1200 apply to the terms used in parts 7001.4200 to 7001.4250 unless the terms are defined in this part.
**Subp. 2. Major facility.**
"Major facility" means an assemblage of one or more aboveground storage tanks, including any indoor tanks, together with any associated secondary containment areas, appurtenances, and substance transfer areas, that are located at a single property or multiple contiguous properties and where the total substance design storage capacity of all such tanks at the site is 1,000,000 gallons or greater.
**Subp. 3. Major facility permit.**
"Major facility permit" means a permit issued by the agency to a major facility pursuant to this chapter. Any tank meeting the definition of indoor tank is excluded from regulation under the terms and conditions of a major facility permit.
**Subp. 4. Substance.**
"Substance" means any liquid material which is not gaseous or solid at ambient temperature and pressure that would be likely to pollute any waters of the state.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7001.4210** Incorporations by Reference {#sec-7001.4210 omnilex-key=us-mn-regs-official--agency-167--7001.4210}
**Subpart 1. Scope.**
For purposes of this chapter, the documents in subpart 2 are incorporated by reference. The documents are not subject to frequent change. They are available at:
A. the address shown in subpart 2; and
B. the agency library through the Minitex interlibrary loan system.
**Subp. 2. Referenced standards.**
The documents incorporated by reference in this chapter are as follows: American Petroleum Institute (API), 1220 L Street Northwest, Washington, DC 20005:
A. 650, Welded Steel Tanks for Oil Storage, Ninth Edition (1993);
B. 651, Cathodic Protection of Aboveground Petroleum Storage Tanks, First Edition (1991);
C. 652, Lining of Aboveground Petroleum Storage Tank Bottoms, First Edition (1991); and
D. 653, Tank Inspection, Repair, Alteration, and Reconstruction, Second Edition (1995).
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7001.4215** Public Comment {#sec-7001.4215 omnilex-key=us-mn-regs-official--agency-167--7001.4215}
If the permit applicant requests or the agency determines that issuance, reissuance, or modification of a permit involves issues that generate or are likely to generate significant material adverse comment from the public, based on previous adverse public comment on the proposed permit or related issues, the procedures in items A to C, prior to issuance, reissuance, or modification of the permit, apply.
A. The agency shall give notice:
B. The notice must identify:
C. The agency shall provide at least 30 days for public comment and shall give notice of any public informational meeting or contested case hearing at least 30 days in advance of the meeting or hearing. The provisions of part 7001.0110 apply to public comments received under this part.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7001.4220** Permit Application {#sec-7001.4220 omnilex-key=us-mn-regs-official--agency-167--7001.4220}
If the applicant is requesting the issuance, modification, revocation and reissuance, or reissuance of a major facility substance storage permit, the applicant shall submit the following information to the commissioner:
A. the information required by part 7001.0050;
B. for each outdoor tank system:
C. for each indoor tank:
D. site geology information:
E. any additional information necessary to process the major facility permit application.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7001.4230** Retention of Tank and Substance Transmission Line Records {#sec-7001.4230 omnilex-key=us-mn-regs-official--agency-167--7001.4230}
If a substance storage facility is required to obtain a major facility permit under this chapter, the permittee shall retain the following data on file at the facility for the retention times specified for each of the following safeguards that are explicitly required by the terms and conditions of the permit:
A. for each field-erected tank:
B. for each underground substance transmission line:
C. for each secondary containment area: records of visual inspections, for one year. Unless otherwise addressed in the terms and conditions of the permit, the major facility permittee shall retain all data specified in this part. The permittee shall, upon agency request, make the data available to the agency for viewing and copying.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7001.4240** Reduction or Increase of Substance Storage Capacity {#sec-7001.4240 omnilex-key=us-mn-regs-official--agency-167--7001.4240}
**Subpart 1. Major facilities which reduce substance storage capacity.**
Any major facility operating pursuant to a major facility permit under this part, which reduces substance storage capacity so as to no longer meet the definition of a major facility under part 7001.4205, subpart 2, shall continue to comply with all terms and conditions of the major facility permit until the expiration of the permit.
**Subp. 2. Facilities which increase substance storage capacity.**
Any substance storage facility which does not meet the definition of a major facility under part 7001.4205, subpart 2, on November 2, 1998, which proposes to increase substance storage capacity so as to meet the definition of a major facility, shall apply for and obtain a major facility permit under this part prior to increasing storage of substances at the facility.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7001.4250** Notification Requirements for Field-Erected Tanks {#sec-7001.4250 omnilex-key=us-mn-regs-official--agency-167--7001.4250}
The notification required for field-erected tanks is as described in items A to C.
A. Except as provided in item B, the permittee shall notify the commissioner, in writing, at least 60 days prior to implementation of any of the following:
B. The permittee need not notify the commissioner of any construction or installation of a type listed in item A which is specifically required by the permit or excluded by the terms and conditions of the permit.
C. The permittee shall obtain the commissioner's written approval prior to placing any new field-erected tank or underground transmission line into service, returning to service any field-erected tank closed at the time of issuance of the permit, or deviating from schedules contained in the permit. The commissioner shall respond, in writing, within 30 days of receipt of the permittee's written request.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7001.4300** Variances {#sec-7001.4300 omnilex-key=us-mn-regs-official--agency-167--7001.4300}
Any person who applies for a variance from any requirement of parts 7001.4200 to 7001.4250 shall comply with part 7000.7000. An application for a variance must be acted on by the agency pursuant to part 7000.7000 and Minnesota Statutes, section 116.07, subdivision 5. However, no variance may be granted that would result in noncompliance with applicable federal rules and regulations for aboveground storage tanks.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7001.4310** Scope {#sec-7001.4310 omnilex-key=us-mn-regs-official--agency-167--7001.4310}
**Subpart 1. Applicability.**
Parts 7001.4310 to 7001.4390 apply to laboratories required to be certified under Minnesota Statutes, section 115.84, except as excluded in subpart 2.
**Subp. 2. Exclusions.**
Certification under parts 7001.4310 to 7001.4390 does not apply to:
A. laboratories that are private and for-profit;
B. laboratories that perform drinking water analyses;
C. laboratories that perform analyses for agency programs under Minnesota Statutes, chapters 115B and 115C; or
D. laboratories that are certified under another similar program, such as that of the Minnesota Department of Health.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7001.4320** Definitions {#sec-7001.4320 omnilex-key=us-mn-regs-official--agency-167--7001.4320}
**Subpart 1. Scope.**
The terms used in parts 7001.4310 to 7001.4390 have the meanings given them in this part.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 3. Agency program.**
"Agency program" means a program or rule administered by the agency that requires submission of water data from a certified laboratory, such as the watershed program.
**Subp. 4. Analyte.**
"Analyte" means the chemical substance, physical property, or organism analyzed in a sample.
**Subp. 5. Analyte group.**
"Analyte group" means a set of analytes that can be determined using the same method or technology.
**Subp. 6. Certified laboratory.**
"Certified laboratory" means a laboratory that has:
A. met the requirements of parts 7001.4310 to 7001.4390;
B. received a notice of certification from the agency;
C. not voluntarily discontinued certification; and
D. not been notified by the agency that certification is suspended or revoked.
**Subp. 7. Client.**
"Client" means an entity that has arranged with a laboratory to perform tests and analyses to meet the requirements of an NPDES or SDS permit or other agency program or regulatory requirement.
**Subp. 8. Initial application.**
"Initial application" means an application submitted by a laboratory that either has never had certification or has not met the requirements for either a renewal or revised application under part 7001.4360.
**Subp. 9. Laboratory.**
"Laboratory" means a facility that performs analyses on water or wastewater to support demonstrations of compliance with agency program or regulatory requirements.
**Subp. 10. Method.**
"Method" means a published scientific technique for performing a specific measurement. Method includes instructions for sample preparation, sample preservation, and sample analysis.
**Subp. 11. National pollutant discharge elimination system or NPDES.**
"National pollutant discharge elimination system" or "NPDES" means the federal program authorized under subchapters III and IV of the Clean Water Act, United States Code, title 33.
**Subp. 12. Parameter.**
"Parameter" means the chemical substance, physical property, or organism being measured.
**Subp. 13. Proficiency test.**
"Proficiency test" means a test performed by a laboratory for a specific analyte or analyte group to determine the ability of a laboratory to employ applicable analytic methods and to produce an accurate measurement of the concentration of the analyte or analyte group in the sample.
**Subp. 14. Renewal application.**
"Renewal application" means an application submitted by a laboratory to renew an existing certification.
**Subp. 15. Reporting limit.**
"Reporting limit" means the lowest level of an analyte that can be accurately recovered from the matrix of interest, for example, the level of quantitation.
**Subp. 16. Revised application.**
"Revised application" means an application that is submitted to make changes to an existing certification as specified in part 7001.4360, subpart 6.
**Subp. 17. State disposal system permit or SDS.**
"State disposal system permit" or "SDS" means a state-only permit issued by the agency for the construction, installation, or operation of a disposal system that does not discharge a pollutant into the waters of the state from a point source.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7001.4330** Certification Required {#sec-7001.4330 omnilex-key=us-mn-regs-official--agency-167--7001.4330}
A laboratory that performs tests and analyses, the results of which must be reported to the agency to meet permit conditions or other agency program or regulatory requirements, must be certified for the parameters or methods required by the permit or agency program, unless the permit or agency program specifically exempts the parameters or methods from certification requirements.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7001.4340** Required Methods {#sec-7001.4340 omnilex-key=us-mn-regs-official--agency-167--7001.4340}
**Subpart 1. General requirements.**
A. The laboratory's analytical methods, sample collection, and preservation procedures must meet the requirements specified by the NPDES/SDS permit or agency program. The analytical methods, sample collection, and preservation procedures used to analyze samples for programs required by a federal agency must meet the requirements specified in the relevant parts of Code of Federal Regulations.
B. Laboratories must conduct analyses according to the methods in subparts 2 to 4.
**Subp. 2. Clean water methods.**
For analysis of water or wastewater samples required by state and federal clean water rules and regulations, laboratories must use the methods and test procedures in Code of Federal Regulations, title 40, part 136, as amended.
**Subp. 3. Biosolids methods.**
For analysis of sewage sludge samples required by state rules and federal regulations, laboratories must use the methods and test procedures in Code of Federal Regulations, title 40, part 503, as amended, and "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods," Publication SW-846, United States Environmental Protection Agency (2007 and as subsequently amended and as published as final). Publication SW-846 is incorporated by reference, is not subject to frequent change, and is available at http://www.epa.gov/epawaste/hazard/testmethods/sw846/online/index.htm.
**Subp. 4. MPCA Laboratory Certification Program Manual.**
The MPCA Laboratory Certification Program Manual, Minnesota Pollution Control Agency (2014 and as subsequently amended), is incorporated by reference, is not subject to frequent change, and is available at http://www.pca.state.mn.us/4p44whk.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7001.4350** Certification Qualification {#sec-7001.4350 omnilex-key=us-mn-regs-official--agency-167--7001.4350}
**Subpart 1. Personnel.**
A laboratory must have staff with the education, training, or experience to meet the requirements of certification. At least one staff person must be identified as the laboratory administrator and that person's contact information must be provided with the certification application. The laboratory administrator must notify the agency when there are changes in contact information for the laboratory administrator no later than 30 days after the change occurs.
**Subp. 2. Quality system.**
The laboratory must have a quality assurance and quality control program that meets the criteria specified in the agency's Laboratory Certification Program Manual, incorporated by reference under part 7001.4340, subpart 4, that includes:
A. a quality assurance manual;
B. standard operating procedures; and
C. traceability, documentation, record keeping, and reporting.
**Subp. 3. Access to premises.**
The laboratory must allow the agency and its members, employees, and agents access to the laboratory for inspection and evaluation purposes and must produce such information and records as the agency requests to determine compliance with this part.
**Subp. 4. Access to records.**
The laboratory must maintain all records used to demonstrate the laboratory's compliance with certification requirements. If a laboratory analyzes samples from a client, records that support the client's test results must be made available to the client. Upon request, records must be made available to the agency.
**Subp. 5. Proficiency testing.**
A laboratory must conduct proficiency testing as required under part 7001.4390.
**Subp. 6. Subcontracting.**
A laboratory that has samples analyzed by another laboratory must use laboratories that have valid agency certification or similar certification.
**Subp. 7. Cease reporting.**
A laboratory must not report analytical results after its certification has expired or been discontinued, suspended, or revoked.
**Subp. 8. Fees.**
A laboratory must pay the fees required in part 7002.0435 within 30 days of receiving the invoice.
**Subp. 9. Response.**
A laboratory must respond in writing to any written communication from the agency.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7001.4360** Application for Certification {#sec-7001.4360 omnilex-key=us-mn-regs-official--agency-167--7001.4360}
**Subpart 1. Application contents.**
To apply for initial or renewal of certification, a laboratory's application must include the following information on a form provided by the agency:
A. identifying information:
B. the parameters and methods for which the laboratory seeks certification. A laboratory must apply for at least one parameter or method;
C. a quality assurance manual meeting the standards of the agency's Laboratory Certification Program Manual. For a certification renewal, if the quality assurance manual was revised during the current certification year, the most recent version must be submitted;
D. laboratory standard operating procedures for each parameter or method that meet the standards of the agency's Laboratory Certification Program Manual. For a certification renewal, if the standard operating procedures were revised during the current certification year, the revised version must be submitted;
E. if the application is an initial request for certification, the most recent proficiency testing result for each parameter or method for which the laboratory is requesting certification. The proficiency testing must have been completed no more than 12 months prior to the date that the application is received by the agency and must meet the requirements of part 7001.4390;
F. if the application is an initial request for certification, a list of the laboratory's detection limits and reporting limits for each parameter or method for which the laboratory is requesting certification; and
G. any other additional information requested by the agency as necessary to determine compliance with parts 7001.4310 to 7001.4390.
**Subp. 2. Multiple locations.**
The owner of laboratory facilities with multiple locations must submit a separate application for each laboratory location.
**Subp. 3. Change of address.**
The laboratory administrator must notify the agency of changes in address no later than 30 days before the change occurs.
**Subp. 4. Application period.**
A. Initial applications and revised applications may be submitted to the agency at any time.
B. Renewal applications must be submitted between November 1 and November 30. If a certified laboratory fails to submit a renewal application by November 30, the certification expires on December 31.
**Subp. 5. Initial application.**
An initial application must be submitted by a laboratory:
A. that has never been certified under parts 7001.4310 to 7001.4390;
B. that has had its certification revoked in total;
C. with a certification that has expired for more than one year; and
D. that has submitted an application that has remained incomplete for more than one year.
**Subp. 6. Revised application.**
A laboratory with a valid certification must submit a revised application, including the information required in subpart 1, items D to F, to the agency to:
A. add a category for which the laboratory does not currently have certification; or
B. add a test method in a category for which the laboratory is already certified.
**Subp. 7. Conditions for reapplication.**
A laboratory involved in an active enforcement action or with a suspended or revoked certification is not eligible to seek or renew certification for the affected parameters or methods until the laboratory receives confirmation from the agency that the corrective action associated with the enforcement action, suspension, or revocation is complete.
**Subp. 8. Alternate methods.**
A laboratory must request approval for alternate methods by following the instructions provided in "Alternate Test Procedure Guidance" (document # p-eao2-12), Minnesota Pollution Control Agency (October 2014 and as subsequently amended). The guidance document is incorporated by reference, is not subject to frequent change, and is available at http://www.pca.state.mn.us/index.php/view-document.html?gid=16155. The agency's approval or denial of the request must be based on the requirements of the guidance document.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7001.4370** Granting Certification {#sec-7001.4370 omnilex-key=us-mn-regs-official--agency-167--7001.4370}
**Subpart 1. Term of certification.**
Certifications are effective on the date of issuance and are valid through December 31 of the year issued unless suspended, revoked, or voluntarily discontinued.
**Subp. 2. Certification documents.**
A laboratory must not alter or modify certification documents and must make them available upon the request of a client or regulatory agency.
**Subp. 3. Limit of certification.**
Certification of a laboratory is not an endorsement by the agency of the quality or validity of the data generated by a laboratory. Certification does not guarantee the usability of data generated by a laboratory for an intended purpose. The users of laboratory results are responsible for determining whether to accept or reject analytical data from a certified laboratory.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7001.4380** Voluntary Withdrawal or Discontinuation of Certification {#sec-7001.4380 omnilex-key=us-mn-regs-official--agency-167--7001.4380}
**Subpart 1. Agency notification.**
If a laboratory chooses to withdraw its application for certification or discontinue its current certification, in total or in part, the laboratory must notify the agency in writing and specify the effective date of withdrawal or discontinuation and the parameters or methods for which certification is being withdrawn or discontinued. The laboratory must submit notification at least 30 days before the effective date of withdrawal or discontinuation.
**Subp. 2. Cease reporting.**
After the effective date specified in subpart 1, the laboratory must not provide analytical results for compliance reporting or any agency program for the parameters and methods for which certification has been withdrawn or discontinued.
**Subp. 3. Client notification required.**
At least 30 days before the effective date of the laboratory's discontinuation of certification, the laboratory must notify clients and affected regulatory agencies in writing of the discontinuation date and which parameters and methods will be affected. The laboratory must submit a copy of each client notification to the agency at the same time that the notification is sent under subpart 1.
**Subp. 4. No fee refund.**
The agency does not refund fees if a laboratory voluntarily withdraws or discontinues its current certification.
**Subp. 5. Recertification.**
To be recertified after voluntary discontinuation of certification, a laboratory must submit an application meeting the requirements for:
A. a revised application under part 7001.4360, subpart 6, if reapplying within one year of the date that certification was discontinued; or
B. an initial application under part 7001.4360, subpart 1, if certification has been discontinued for more than one year.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7001.4390** Proficiency Testing {#sec-7001.4390 omnilex-key=us-mn-regs-official--agency-167--7001.4390}
**Subpart 1. Requirements.**
A. A laboratory must successfully complete at least one proficiency test for each parameter or method for which it applies for certification. The laboratory must complete the proficiency test no more than 12 months prior to submitting the application. If no proficiency test sample is available for an analyte, the laboratory is exempted from the requirements of this part only for that analyte.
B. Proficiency tests results must be included with the initial or revised certification application required under part 7001.4360.
C. Proficiency test samples that are analyzed as a part of a discharge monitoring report-quality assurance study required under federal regulations must meet the requirements of item A.
**Subp. 2. Laboratory testing of proficiency test study samples.**
To ensure valid proficiency test results, the laboratory must:
A. obtain all proficiency test study samples as unknowns from a nationally recognized accreditation program approved vendor;
B. manage, analyze, report, and otherwise handle all proficiency test samples in the same manner as routine samples, including the same staff, procedures, equipment, and facilities used for routine analysis for the tested parameter or method;
C. employ the same calibration, quality control, acceptance criteria, sequence of analytical steps, number of replicates, and other standard operating procedures for proficiency test samples as used when analyzing routine samples; and
D. follow sample preparation steps for the proficiency test sample as instructed by the proficiency test sample provider.
**Subp. 3. Reporting results.**
A. A laboratory must submit the results of all proficiency tests to the agency no later than 30 days after the laboratory receives the results from the proficiency test sample provider.
B. A laboratory conducting proficiency testing as part of an initial or revised application must submit the results of proficiency testing as part of the application.
C. A laboratory must either provide a copy of the original results to the agency or authorize the proficiency test sample provider to provide all results directly to the agency.
D. Proficiency testing samples analyzed or reported to the proficiency test sample provider after the provider's study closing date are not valid for compliance with the proficiency testing requirements under this part.
**Subp. 4. Restrictions on exchanging information.**
Prior to the time the results of the proficiency test are submitted to the agency:
A. a laboratory must not communicate proficiency test results to another laboratory, including intercompany communication; and
B. a laboratory must not attempt to obtain the assigned value of any proficiency test sample from a proficiency test sample provider or another laboratory.
**Subp. 5. Evaluation of results.**
A. A laboratory must demonstrate passing performance to the agency, as determined by the proficiency test sample provider, for each parameter or method reported.
B. A laboratory may use one proficiency test sample for multiple methods.
C. A laboratory must not request a revised report from the proficiency test sample provider when the requested revisions are the result of error on the part of the laboratory.
**Subp. 6. Repeat proficiency tests.**
A. A laboratory may repeat proficiency tests after obtaining unacceptable results as follows:
B. The Laboratory Certification Program Manual, incorporated by reference in part 7001.4340, subpart 4, governs when a portion of a multiple analyte group proficiency test is unacceptable.
C. The agency may request additional information necessary to validate sample results generated during the testing period covered under this subpart.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
## **Chapter 7002** PERMIT FEES
##### **Minn. R. 7002.0005** Scope {#sec-7002.0005 omnilex-key=us-mn-regs-official--agency-167--7002.0005}
Parts 7002.0005 to 7002.0085 apply to all persons required to obtain an air emission permit from the Minnesota Pollution Control Agency under chapter 7007.
**History**
- *Statutory Authority: MS s 14.386; 14.388; 116.07*
- *History: 17 SR 440; 18 SR 1059; 28 SR 316*
##### **Minn. R. 7002.0010** [Repealed, 17 SR 440] {#sec-7002.0010 omnilex-key=us-mn-regs-official--agency-167--7002.0010}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0015** Definitions {#sec-7002.0015 omnilex-key=us-mn-regs-official--agency-167--7002.0015}
**Subpart 1. Scope.**
For the purposes of parts 7002.0005 to 7002.0085, the terms defined in this part have the meanings given them. The definitions in the state air pollution control rules as defined in part 7005.0100 apply unless the terms are defined in this part.
**Subp. 2.**
[Repealed, 21 SR 165]
**Subp. 2a. Chargeable pollutant.**
"Chargeable pollutant" means a pollutant that is assessed a fee and includes the following:
A. nitrogen oxides (NOx) or any volatile organic compound; and
B. PM-10, sulfur dioxide, lead, and any other pollutant for which a national ambient air quality standard has been promulgated, except carbon monoxide.
**Subp. 2b. Dollar per ton figure or $X.**
"Dollar per ton figure" or "$X" means the dollar amount assessed for each ton of chargeable pollutant determined under part 7002.0045.
**Subp. 3. Emission inventory.**
"Emission inventory" means the inventory of actual emissions required under part 7019.3000.
**Subp. 3a. Emission reporting facility.**
"Emission reporting facility" means any facility for which the owner or operator of the facility must obtain an air emission permit under chapter 7007 except any facility permitted under part 7007.1120, registration permit option B.
**Subp. 4.**
[Repealed, 21 SR 165]
**History**
- *Statutory Authority: MS s 116.062; 116.07*
- *History: 17 SR 440; 18 SR 1059; 21 SR 165; 50 SR 365*
##### **Minn. R. 7002.0016** Air Quality Permit Application Fees and Additional Fees {#sec-7002.0016 omnilex-key=us-mn-regs-official--agency-167--7002.0016}
**Subpart 1. Fee required.**
A person who applies for an air quality permit or permit amendment under chapter 7007, excluding reissuance of individual state or Part 70 operating permits, or who submits an applicability request shall submit with the application or applicability request the appropriate application fee. Failure to submit the fee as specified in part 7002.0019, subpart 1, renders the application incomplete and the agency shall suspend processing of the application until the fee is received. Fees are nonrefundable.
**Subp. 2. Fee determination.**
Application fees and additional fees are based on a point system established in part 7002.0019. The points shall be multiplied by the dollar per point value as determined in part 7002.0018.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0017** Air Quality Permit Application and Additional Fee Target {#sec-7002.0017 omnilex-key=us-mn-regs-official--agency-167--7002.0017}
The agency shall set the application and additional fee target as described in items A to C.
A. The unadjusted fee target is $4,000,000 for each new biennium (biennial target), as modified according to item B.
B. Beginning July 1, 2011, and each biennium thereafter, the unadjusted fee target in item A shall be adjusted for inflation using the aggregated annual consumer price index since 2009 and becomes the new unadjusted fee target.
C. The adjusted fee target is the unadjusted fee target adjusted as follows:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0018** Computation of Dollar Per Point for Air Permits {#sec-7002.0018 omnilex-key=us-mn-regs-official--agency-167--7002.0018}
The agency computes the dollar per point value for each biennium as follows:
$ per point = T/(A + B) rounded up to the next five dollar increment, where:
$ per point = dollar amount applied to points determined under part 7002.0019.
T = adjusted fee target, as determined in part 7002.0017, item C.
A = the previous five-year annual average number of points for each type of permit application in part 7002.0019, subpart 1.
B = the previous five-year annual average number of points for each type of additional activity in part 7002.0019, subpart 2.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0019** Air Quality Permit Application Fees and Additional Fees {#sec-7002.0019 omnilex-key=us-mn-regs-official--agency-167--7002.0019}
**Subpart 1. Application points.**
The points assessed for permit application types designated in this subpart are multiplied by the dollar per point value as determined in part 7002.0018 to calculate the application fee.
**Subp. 2. Additional points.**
The points assessed for activities designated in this subpart are multiplied by the dollar per point value as determined in part 7002.0018 to calculate the additional fee.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 34 SR 1205; 41 SR 763; 46 SR 1209*
##### **Minn. R. 7002.0020** [Repealed, 17 SR 440] {#sec-7002.0020 omnilex-key=us-mn-regs-official--agency-167--7002.0020}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0021** Capped Costs for Small Businesses and Cities {#sec-7002.0021 omnilex-key=us-mn-regs-official--agency-167--7002.0021}
For one year after July 1, 2009, the combined cost of the application fee and an invoice for additional fees for a small business or small city, as determined under Minnesota Statutes, section 14.127, subdivision 1, is capped at $25,000.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0022** Payment of Application and Additional Fees {#sec-7002.0022 omnilex-key=us-mn-regs-official--agency-167--7002.0022}
Application fees assessed under part 7002.0019, subpart 1, shall be submitted with the application and made payable to the Minnesota Pollution Control Agency. Additional fees assessed under part 7002.0019, subpart 2, shall be paid within 30 days of the invoice date from the agency. The person submitting the fee shall make the payment as directed in the invoice. Final action on the permit shall not be taken until all invoices are paid.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0023** Notification of Error of Additional Fee {#sec-7002.0023 omnilex-key=us-mn-regs-official--agency-167--7002.0023}
A person who believes that the assessed additional fee under part 7002.0019, subpart 2, is in error shall provide a written explanation of the person's position to the commissioner within 60 days of the invoice date. The assessed fee shall be paid in the time frame required in part 7002.0022. The commissioner shall, within 60 days of the timely receipt of the person's written explanation:
A. provide a written explanation of why the fee was not in error; or
B. if the commissioner finds that the assessed fee was in error, refund the overpayment.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0025** Annual Emission Fee Rates {#sec-7002.0025 omnilex-key=us-mn-regs-official--agency-167--7002.0025}
**Subpart 1. Calculation of fee.**
A. Owners or operators of emission reporting facilities must be assessed an annual emission fee for each ton of a chargeable pollutant emitted to the air by the facility. Emission reporting facilities must be assessed a fee of $X for each ton of any chargeable pollutant as established in the most recently available emission inventory.
B. Notwithstanding item A, the owner or operator of any emission reporting facility or any facility issued an option B registration permit under part 7007.1120 that chooses to be assessed a fee under item C, subitem (1), with less than one ton of total actual emissions must be assessed an annual fee of $25.
C. As described in subitems (1) and (2), the owner or operator of a facility issued an option B registration permit under part 7007.1120 must be assessed an annual emission fee based on either the reported quantity of VOC-containing materials purchased or used (whichever was stated in the facility's permit application) or the actual emissions from the use of VOC-containing materials.
**Subp. 2.**
[Repealed, 21 SR 165]
**Subp. 2a.**
[Repealed, L 2012 c 272 s 98]
**Subp. 3. Facilities failing to submit emissions inventories.**
If an emission reporting facility fails to submit an emissions inventory as required by part 7019.3000, it shall be assessed an annual fee for that facility that is $X times 1-1/2 times the most recent actual emissions in tons for which an emissions fee was assessed under part 7019.3000. If the facility has never submitted an emissions inventory as required under part 7019.3000, but has submitted a permit application under chapter 7007, it shall be assessed an annual emission fee for that facility that is $X times 1-1/2 times the estimated actual emissions as stated in the facility's permit application.
If the owner or operator of a facility that is required to obtain a permit under chapter 7007 has not submitted a permit application which includes an estimate of the actual emissions, it shall be assessed an annual fee that is $X times 1-1/2 times the estimated potential to emit of that facility, as defined in part 7005.0100, subpart 35a.
If a facility issued an option B registration permit fails to submit an emission inventory, it shall be assessed an annual fee of $210.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 440; 18 SR 614; 21 SR 165; 32 SR 904; L 2012 c 272 s 98; 46 SR 1209*
##### **Minn. R. 7002.0030** [Repealed, 17 SR 440] {#sec-7002.0030 omnilex-key=us-mn-regs-official--agency-167--7002.0030}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0035** Air Quality Annual Fee Target {#sec-7002.0035 omnilex-key=us-mn-regs-official--agency-167--7002.0035}
The annual fee target shall be set as described in items A and B.
A. The unadjusted fee target shall be the greater of the following:
B. The amounts described in item A must be adjusted as follows:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 440; 21 SR 165; L 2009 c 101 art 2 s 109*
##### **Minn. R. 7002.0040** [Repealed, 17 SR 440] {#sec-7002.0040 omnilex-key=us-mn-regs-official--agency-167--7002.0040}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0045** Computing Dollar Per Ton Figure {#sec-7002.0045 omnilex-key=us-mn-regs-official--agency-167--7002.0045}
The dollar per ton figure "$X" used in part 7002.0025 is computed as follows:
$X = [F - [R + ($25 x N)]]/(T - L)
where:
$X = Dollar amount per ton figure.
F = Total annual fee target, as determined in part 7002.0035.
R = Total amount to be billed under part 7002.0025, subpart 1, item C, subitem (2), as option B registration permit annual emission fees based on the quantity of VOC-containing materials purchased or used.
N = Total number of emission reporting facilities and facilities issued option B registration permits that are assessed an annual emission fee based on actual emissions under part 7002.0025, subpart 1, item C, subitem (1), with less than one ton of total actual emissions of chargeable pollutants.
T = Total number of tons of all chargeable pollutants listed in the most recently available annual emissions inventory emitted from emission reporting facilities and facilities issued option B registration permits that are assessed an annual emission fee based on actual emissions under part 7002.0025, subpart 1, item C, subitem (1). No pollutant is double counted.
L = Total number of tons of all chargeable pollutants listed in the most recently available annual emission inventory emitted from emission reporting facilities and facilities issued option B registration permits that are assessed an annual emission fee based on actual emissions under part 7002.0025, subpart 1, item C, subitem (1), that emit less than one ton of total actual emissions of chargeable pollutants. No pollutant is double counted.
**History**
- *Statutory Authority: MS s 14.386; 14.388; 116.07*
- *History: 17 SR 440; 21 SR 165; 28 SR 316; 46 SR 1209*
##### **Minn. R. 7002.0050** [Repealed, 17 SR 440] {#sec-7002.0050 omnilex-key=us-mn-regs-official--agency-167--7002.0050}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0055** [Repealed, 28 SR 316] {#sec-7002.0055 omnilex-key=us-mn-regs-official--agency-167--7002.0055}
[Repealed, 28 SR 316]
##### **Minn. R. 7002.0060** [Repealed, 17 SR 440] {#sec-7002.0060 omnilex-key=us-mn-regs-official--agency-167--7002.0060}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0065** Paying Annual Fees {#sec-7002.0065 omnilex-key=us-mn-regs-official--agency-167--7002.0065}
Fees assessed under part 7002.0025 shall be paid within 30 days of the invoice date. The person submitting the fee shall make the payment as directed in the invoice.
**History**
- *Statutory Authority: MS s 14.386; 14.388; 116.07*
- *History: 17 SR 440; 21 SR 165; 28 SR 316; 34 SR 1205*
##### **Minn. R. 7002.0070** [Repealed, 17 SR 440] {#sec-7002.0070 omnilex-key=us-mn-regs-official--agency-167--7002.0070}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0075** Notification of Error of Annual Fee {#sec-7002.0075 omnilex-key=us-mn-regs-official--agency-167--7002.0075}
A person who believes that the assessed annual emission fee is in error shall provide a written explanation of the person's position to the commissioner within 60 days of the invoice date. A person who believes that an error exists in emissions inventory data shall submit an explanation in accordance with part 7019.3000, subpart 2. The assessed fee shall be paid in the time frame required in part 7002.0065. The commissioner shall, within 60 days of the timely receipt of the person's written explanation:
A. provide a written explanation of why the fee was not in error; or
B. if the commissioner finds that the assessed fee was in error, refund the overpayment.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 440; 21 SR 165; 28 SR 1482; 34 SR 1205*
##### **Minn. R. 7002.0080** [Repealed, 17 SR 440] {#sec-7002.0080 omnilex-key=us-mn-regs-official--agency-167--7002.0080}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0085** Late Payment Fee {#sec-7002.0085 omnilex-key=us-mn-regs-official--agency-167--7002.0085}
A permittee subject to one or more fees under parts 7002.0005 to 7002.0045 shall pay a late payment fee of ten percent of the payment due for failure to pay an assessed fee within 60 days of the invoice date. At 30-day intervals thereafter, the permittee shall be assessed an additional ten percent of the original payment for failure to pay the assessed fee within that 30-day period. All late fees are due upon receipt of an invoice.
**History**
- *Statutory Authority: MS s 14.386; 14.388; 116.07*
- *History: 17 SR 440; 21 SR 165; 28 SR 316; 34 SR 1205*
##### **Minn. R. 7002.0090** [Repealed, 17 SR 440] {#sec-7002.0090 omnilex-key=us-mn-regs-official--agency-167--7002.0090}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0095** [Repealed, 21 SR 165] {#sec-7002.0095 omnilex-key=us-mn-regs-official--agency-167--7002.0095}
[Repealed, 21 SR 165]
##### **Minn. R. 7002.0100** [Repealed, 17 SR 440] {#sec-7002.0100 omnilex-key=us-mn-regs-official--agency-167--7002.0100}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0110** [Repealed, 17 SR 440] {#sec-7002.0110 omnilex-key=us-mn-regs-official--agency-167--7002.0110}
[Repealed, 17 SR 440]
##### **Minn. R. 7002.0210** Scope {#sec-7002.0210 omnilex-key=us-mn-regs-official--agency-167--7002.0210}
Parts 7002.0210 to 7002.0310 apply to all persons required to obtain a permit from the Minnesota Pollution Control Agency as described in parts 7001.0020, items C to F, and 7090.0030.
**History**
- *Statutory Authority: MS s 16A.128; 115.03; 116.07*
- *History: 10 SR 2010; 16 SR 1799; 21 SR 1642; 25 SR 834; 34 SR 1205*
##### **Minn. R. 7002.0220** Definitions {#sec-7002.0220 omnilex-key=us-mn-regs-official--agency-167--7002.0220}
**Subpart 1. Scope.**
For the purpose of parts 7002.0210 to 7002.0310, the terms defined in this part have the meanings given them.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 3. Commissioner.**
"Commissioner" means the chief executive officer of the Minnesota Pollution Control Agency.
**Subp. 3a. General construction stormwater permit.**
"General construction stormwater permit" means an NPDES general permit for stormwater discharges associated with construction activity as defined in part 7090.0080, subpart 4.
**Subp. 3b. General industrial stormwater permit.**
"General industrial stormwater permit" means an NPDES general permit for stormwater discharges associated with industrial activity as defined in part 7090.0080, subpart 6.
**Subp. 3c. General municipal separate storm sewer system (MS4) permit.**
"General municipal separate storm sewer system (MS4) permit" means an NPDES permit for stormwater discharges associated with municipal separate storm sewer systems as required under part 7090.0030, subpart 1, item A.
**Subp. 3d. Individual stormwater permit.**
"Individual stormwater permit" means an NPDES permit for stormwater discharges associated with a specific site and type of activity as defined under Code of Federal Regulations, title 40, section 122.26(b)(4), (7), and (14)-(16).
**Subp. 4. Major NPDES facility.**
"Major NPDES facility" means a wastewater treatment discharger designated by the commissioner and the regional administrator of the United States Environmental Protection Agency as part of the annual work plan that is developed in accordance with and that is subject to the public participation requirements of Code of Federal Regulations, title 40, part 35, and subject to review and approval of the agency. The agency and the United States Environmental Protection Agency shall designate the following types of facilities as major NPDES facilities unless the agency and the United States Environmental Protection Agency find that the facility does not have a potential for significantly impacting water quality:
A. a publicly owned treatment facility with an average design flow of 1,000,000 gallons per day or more;
B. an electrical generating facility that is not primarily standby or a peaking facility with a generation capacity of 100 megawatts or greater;
C. a facility that is a primary industry as defined in Code of Federal Regulations, title 40, section 122.2, or other industry that discharges quantities of process wastewater, which are significant due to the volume, pollutant loading, or other discharge parameters or the character of the receiving water; or
D. a facility with an actual or potential discharge of toxic pollutants under section 307(a)(1) of the Clean Water Act, United States Code, title 33, section 1317.
**Subp. 5. Municipal permit.**
"Municipal permit" means a permit issued to a municipality as defined in part 7001.1020, subpart 18, for the discharge or disposal of wastewater which is five percent or more sewage. Permits issued to municipalities for facilities treating or disposing of waste that is less than five percent sewage shall be considered nonmunicipal permits.
**Subp. 6. National pollutant discharge elimination system (NPDES).**
"National pollutant discharge elimination system (NPDES)" has the meaning given it in part 7001.1020, subpart 19.
**Subp. 6a. Sanitary sewer extension permit.**
"Sanitary sewer extension permit" means a state disposal system permit for the extension, addition, or change of a municipal sanitary system.
**Subp. 7. Sewage.**
"Sewage" has the meaning given in part 7080.1100, subpart 73.
**Subp. 8.**
[Repealed, 21 SR 1642]
**Subp. 9. State disposal system permit.**
"State disposal system permit" means a permit for a disposal system that may be constructed and operated without an NPDES permit.
**History**
- *Statutory Authority: MS s 16A.128; 115.03; 116.07*
- *History: 10 SR 2010; L 1987 c 186 s 15; 12 SR 1336; 16 SR 1799; 19 SR 1901; 21 SR 1642; 30 SR 125; 34 SR 1205*
##### **Minn. R. 7002.0230** Fee Determination {#sec-7002.0230 omnilex-key=us-mn-regs-official--agency-167--7002.0230}
The agency shall calculate application fees, additional fees, and annual fees based upon parts 7002.0250 to 7002.0310.
**History**
- *Statutory Authority: MS s 16A.128; 116.07*
- *History: 10 SR 2010; 16 SR 1799; 34 SR 1205*
##### **Minn. R. 7002.0240** Paying Fees {#sec-7002.0240 omnilex-key=us-mn-regs-official--agency-167--7002.0240}
A person submitting a fee as required in part 7002.0253, subpart 1, or 7002.0254 shall make the fee payable to the "Minnesota Pollution Control Agency" and submit it with the permit application. A person submitting a fee as required in part 7002.0253, subpart 2, or 7002.0310 shall make the payment as directed in the invoice. Final action on the permit shall not be taken until all invoices are paid.
**History**
- *Statutory Authority: MS s 16A.128; 115.03; 116.07*
- *History: 10 SR 2010; 16 SR 1799; 25 SR 834; 34 SR 1205*
##### **Minn. R. 7002.0250** Water Quality Permit Application Fee {#sec-7002.0250 omnilex-key=us-mn-regs-official--agency-167--7002.0250}
**Subpart 1. Fee required.**
A person who applies for a water quality permit to construct, install, modify, or operate a facility, as described in parts 7001.0020, subpart 2, items C to F, and 7090.0030, excluding changes in ownership or control, name or address changes other than changes in facility location, and interim and construction short-form permits issued under chapter 7020, shall submit with the application the appropriate application fee. Failure to submit the fee as specified in part 7002.0253, subpart 1, renders the application incomplete and the agency shall suspend processing of the application until the fee is received. Application fees are nonrefundable.
**Subp. 2. Fee determination.**
Application fees, except stormwater application fees as required in part 7002.0254, are based on a point system established in part 7002.0253. The points shall be multiplied by the dollar per point value as determined in part 7002.0252.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 10 SR 2010; 12 SR 1336; 25 SR 834; 30 SR 125; 34 SR 1205*
##### **Minn. R. 7002.0251** Water Quality Permit Application and Additional Fee Target {#sec-7002.0251 omnilex-key=us-mn-regs-official--agency-167--7002.0251}
The agency shall set the application and additional fee target as described in items A and C.
A. The unadjusted fee target is $6,000,000 for each biennium (biennial target), as modified according to item B.
B. Beginning July 1, 2011, and each biennium thereafter, the unadjusted fee target in item A shall be adjusted for inflation using the aggregated annual consumer price index since 2009 and becomes the new unadjusted fee target.
C. The adjusted fee target is the unadjusted fee target adjusted as follows:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0252** Computing Dollar Per Point for Water Permits {#sec-7002.0252 omnilex-key=us-mn-regs-official--agency-167--7002.0252}
The agency computes the dollar per point value for each biennium as follows:
$ per point = T/(A + B) rounded up to the next five dollar increment, where:
$ per point = dollar amount applied to points determined under part 7002.0253.
T = adjusted fee target, as determined in part 7002.0251, item C.
A = the previous five-year annual average number of points for each type of permit application in part 7002.0253, subpart 1.
B = the previous five-year annual average number of points for each type of additional activity in part 7002.0253, subpart 2.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0253** Water Quality Permit Application Fees and Additional Fees {#sec-7002.0253 omnilex-key=us-mn-regs-official--agency-167--7002.0253}
**Subpart 1. Application points.**
The points assessed for each permit application, amendment, or water quality effluent limitation review designated in this subpart shall be multiplied by the dollar per point value as determined in part 7002.0252 to calculate the application fee.
A. A person requesting a water quality effluent limitation review shall pay a fee equal to five points for each preliminary effluent limit request submitted in advance of or separate from an NPDES/SDS permit application. If multiple requests for reviews are submitted to the agency over time, each request is subject to the fee.
B. A person submitting an application for a feedlot permit shall be assessed as follows:
C. A person submitting an application for discharge of wastewater, operation of a disposal system, or biosolids treatment or storage shall be assessed as follows:
D. A person submitting an application for a sewer extension shall be assessed based on the additional design flow as follows:
**Subp. 2. Additional points.**
The points assessed for activities designated in this subpart shall be multiplied by the dollar per point value as determined in part 7002.0252 to calculate the additional fee.
A. A person submitting an individual permit application under subpart 1 with a new or increased maximum daily design flow for an industrial facility, or average wet weather design flow for all other facilities, shall be assessed a fee according to this item. The flow determination does not include noncontact cooling water, which is assessed points under item B:
B. A person submitting an application for an individual permit that includes the discharge of noncontact cooling water shall be assessed a fee based on the increased maximum daily design flow resulting from new or modified noncontact cooling water discharge as follows:
C. If a permit application requires a nondegradation review under parts 7050.0186, 7050.0250 to 7050.0335, or 7052.0300 to 7052.0330, the applicant shall pay a fee equivalent to 20 points.
D. If a permit applicant requests a variance under part 7000.7000, the applicant shall pay a fee equivalent to 35 points.
E. If a person makes a confidentiality request under part 7000.1300, the applicant shall pay a fee equivalent to two points. This fee applies regardless of whether it is requested as part of a permit application.
F. If an EAW is required under a mandatory category specified in part 4410.4300, the agency is the designated responsible governmental unit (RGU), and an air or water permit is required for the project, the applicant shall pay fees as described in subitems (1) to (3). If a facility requires both an air and water permit, the points for an EAW review shall be assessed only once. The agency shall use the lower of the dollar per point value for an air or water permit as calculated in part 7002.0018 or 7002.0252 to calculate the fee. Fees shall be assessed as follows:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 34 SR 1205; 38 SR 1535; 34 SR 1205; 38 SR 1535; 41 SR 545*
##### **Minn. R. 7002.0254** Water Quality Stormwater Permit; Application Fees {#sec-7002.0254 omnilex-key=us-mn-regs-official--agency-167--7002.0254}
For persons submitting an application to receive a permit related to stormwater activities, the following fees shall be paid:
A. for coverage under a general construction stormwater permit, $400;
B. for coverage under an MS4 permit or modification of an MS4 permit, other than modification of a stormwater pollution prevention program, $400;
C. for coverage under or modification of a general industrial stormwater permit, $400; and
D. for those required to obtain an individual stormwater permit, $400 for the initial application, for modifications, and for reissuance.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0255** Capped Costs for Small Businesses and Cities {#sec-7002.0255 omnilex-key=us-mn-regs-official--agency-167--7002.0255}
For one year after July 1, 2009, the combined cost of the application fee and an invoice for additional fees for a small business or small city, as determined under Minnesota Statutes, section 14.127, subdivision 1, is capped at $25,000.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0258** Notification of Error {#sec-7002.0258 omnilex-key=us-mn-regs-official--agency-167--7002.0258}
A person who believes that the assessed additional fee under part 7002.0253, subpart 2, is in error shall provide a written explanation of the person's position to the commissioner within 60 days of the invoice date. The assessed fee shall be paid in the time frame required in part 7002.0240. The commissioner shall, within 60 days of the timely receipt of the person's written explanation:
A. provide a written explanation of why the fee was not in error; or
B. if the commissioner finds that the assessed fee was in error, refund the overpayment.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 34 SR 1205*
##### **Minn. R. 7002.0260** [Repealed, 16 SR 1799] {#sec-7002.0260 omnilex-key=us-mn-regs-official--agency-167--7002.0260}
[Repealed, 16 SR 1799]
##### **Minn. R. 7002.0270** Annual Fee {#sec-7002.0270 omnilex-key=us-mn-regs-official--agency-167--7002.0270}
All persons required to obtain a permit listed in part 7002.0310, subparts 1, 2, and 3, shall pay an annual fee for processing of the permit and enforcement of applicable statutes and rules as described in items A to D. The annual fee shall be paid within 30 days of the invoice date from the agency.
A. A permittee holding a new or reissued permit is subject to the fees established in part 7002.0310.
B. An applicant for reissuance of an expired permit under part 7001.0160 must pay fees set in part 7002.0310.
C. A permittee holding an individual stormwater permit must pay the fee set in part 7002.0310, subpart 2, item B, under "other nonmunicipal."
D. A permittee holding a permit issued under chapter 7020 must pay fees as follows:
**History**
- *Statutory Authority: MS s 16A.128; 115.03; 116.07*
- *History: 10 SR 2010; 16 SR 1799; 19 SR 1901; 25 SR 834; 34 SR 1205*
##### **Minn. R. 7002.0280** Notification of Error {#sec-7002.0280 omnilex-key=us-mn-regs-official--agency-167--7002.0280}
A person who thinks that an annual fee for a specific facility is in error shall provide written notice of the error to the director of Minnesota Pollution Control Agency Fiscal Services, along with the assessed fee. If the director of the Minnesota Pollution Control Agency Fiscal Services finds, upon reviewing the data, that the assessed fee was in error, the overpayment shall be refunded to the permittee or credited to the permittee's account.
**History**
- *Statutory Authority: MS s 16A.128; 115.03; 116.07*
- *History: 10 SR 2010; 16 SR 1799; 25 SR 834*
##### **Minn. R. 7002.0290** Late Payment Fee {#sec-7002.0290 omnilex-key=us-mn-regs-official--agency-167--7002.0290}
A permittee subject to one or more fees under parts 7002.0210 to 7002.0310 shall pay a late payment fee of ten percent of the payment due for failure to pay an assessed fee within 60 days of the invoice date. At 30-day intervals thereafter, the permittee shall be assessed an additional ten percent of the original payment for failure to pay the assessed fee within that 30-day period. All late fees are due upon receipt of an invoice.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 10 SR 2010; 34 SR 1205*
##### **Minn. R. 7002.0300** [Repealed, 34 SR 1205] {#sec-7002.0300 omnilex-key=us-mn-regs-official--agency-167--7002.0300}
[Repealed, 34 SR 1205]
##### **Minn. R. 7002.0305** [Repealed, 34 SR 1205] {#sec-7002.0305 omnilex-key=us-mn-regs-official--agency-167--7002.0305}
[Repealed, 34 SR 1205]
##### **Minn. R. 7002.0310** Water Quality Annual Permit Fees {#sec-7002.0310 omnilex-key=us-mn-regs-official--agency-167--7002.0310}
**Subpart 1. Major NPDES permit fees.**
The following annual fee shall be paid by a permittee that has received a major NPDES permit:
A. Municipal permits:
B. Nonmunicipal permits:
**Subp. 2. Nonmajor NPDES and state disposal permit fees.**
The following annual fee shall be paid by a permittee not designated as a major NPDES facility and by a permittee that has received a state disposal system permit.
A. Municipal permits:
B. Nonmunicipal permits:
**Subp. 3. Other water quality permit fees.**
The following annual fee shall be paid by a permittee that received a general permit as defined in part 7001.0010, subpart 4.
**History**
- *Statutory Authority: MS s 16A.128; 115.03; 116.07*
- *History: 10 SR 2010; 12 SR 1336; 14 SR 1878; 16 SR 1799; 19 SR 1901; 34 SR 1205*
##### **Minn. R. 7002.0400** Scope; Definitions {#sec-7002.0400 omnilex-key=us-mn-regs-official--agency-167--7002.0400}
**Subpart 1. Scope.**
Parts 7002.0400 to 7002.0435 apply to laboratories required to be certified according to parts 7001.4310 to 7001.4390.
**Subp. 2. Definitions.**
The terms used in parts 7002.0400 to 7002.0435 have the meanings given under part 7001.4310.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7002.0410** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7002.0410 omnilex-key=us-mn-regs-official--agency-167--7002.0410}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7002.0415** Fee Determination {#sec-7002.0415 omnilex-key=us-mn-regs-official--agency-167--7002.0415}
A. Certification fees under parts 7002.0415 to 7002.0435 are based on the number, type, and complexity of analytical methods that a laboratory is certified to perform.
B. The fee formula is designed to collect revenue equal to the certification program's expenses by using a system of points to equitably distribute the fees among all laboratories certified by the agency. Each fee item is assigned a point value under part 7002.0435. Once the dollar per point value is determined under part 7002.0425, it is multiplied by the total number of points for each application.
C. The agency must annually establish the fee target in an amount necessary to cover costs of reviewing applications, issuing certifications, conducting laboratory evaluations, training, collecting fees, and providing compliance assistance and other anticipated costs of administering the certification program. After the first year of the program, the fee target must be based on the actual costs to administer the certification program in the previous calendar year, with any necessary adjustments to cover costs according to this item.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7002.0420** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7002.0420 omnilex-key=us-mn-regs-official--agency-167--7002.0420}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7002.0425** Computing Dollar Per Point Value {#sec-7002.0425 omnilex-key=us-mn-regs-official--agency-167--7002.0425}
The agency computes the dollar per point value for each year as follows:
$ per point = T/B
where:
$ per point is the dollar amount applied to each point;
T is the fee target calculated according to part 7002.0415, item C; and
B is the sum of all points for participating laboratories during the previous calendar year.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7002.0430** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7002.0430 omnilex-key=us-mn-regs-official--agency-167--7002.0430}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7002.0435** Laboratory Certification; Application Fees {#sec-7002.0435 omnilex-key=us-mn-regs-official--agency-167--7002.0435}
**Subpart 1. Payment of fees.**
A. Certification for a calendar year is provisional until the laboratory's certification application is paid.
B. Fees are nonrefundable once an invoice has been issued.
**Subp. 2. Application points.**
The points assessed for certification application or category types designated in this subpart are multiplied by the dollar per point value determined under part 7002.0425 to calculate the appropriate fee.
**Subp. 3. Revised applications.**
A. A laboratory submitting a revised application to add a new test category to the laboratory's certification must pay:
B. A laboratory submitting a revised application to add a test method for a parameter in a category for which the laboratory is already certified must pay 25 percent of the total category fee for the parameter.
**History**
- *Statutory Authority: MS s 115.84*
- *History: 39 SR 1718*
##### **Minn. R. 7002.0440** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7002.0440 omnilex-key=us-mn-regs-official--agency-167--7002.0440}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7002.0450** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7002.0450 omnilex-key=us-mn-regs-official--agency-167--7002.0450}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7002.0460** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7002.0460 omnilex-key=us-mn-regs-official--agency-167--7002.0460}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7002.0470** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7002.0470 omnilex-key=us-mn-regs-official--agency-167--7002.0470}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7002.0480** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7002.0480 omnilex-key=us-mn-regs-official--agency-167--7002.0480}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7002.0490** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7002.0490 omnilex-key=us-mn-regs-official--agency-167--7002.0490}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
## **Chapter 7005** DEFINITIONS AND ABBREVIATIONS
##### **Minn. R. 7005.0010** [Renumbered 7009.0010] {#sec-7005.0010 omnilex-key=us-mn-regs-official--agency-167--7005.0010}
[Renumbered 7009.0010]
##### **Minn. R. 7005.0020** [Renumbered 7009.0020] {#sec-7005.0020 omnilex-key=us-mn-regs-official--agency-167--7005.0020}
[Renumbered 7009.0020]
##### **Minn. R. 7005.0030** [Renumbered 7009.0030] {#sec-7005.0030 omnilex-key=us-mn-regs-official--agency-167--7005.0030}
[Renumbered 7009.0030]
##### **Minn. R. 7005.0040** [Renumbered 7009.0040] {#sec-7005.0040 omnilex-key=us-mn-regs-official--agency-167--7005.0040}
[Renumbered 7009.0040]
##### **Minn. R. 7005.0050** [Renumbered 7009.0050] {#sec-7005.0050 omnilex-key=us-mn-regs-official--agency-167--7005.0050}
[Renumbered 7009.0050]
##### **Minn. R. 7005.0060** [Renumbered 7009.0060] {#sec-7005.0060 omnilex-key=us-mn-regs-official--agency-167--7005.0060}
[Renumbered 7009.0060]
##### **Minn. R. 7005.0070** [Renumbered 7009.0070] {#sec-7005.0070 omnilex-key=us-mn-regs-official--agency-167--7005.0070}
[Renumbered 7009.0070]
##### **Minn. R. 7005.0080** [Renumbered 7009.0080] {#sec-7005.0080 omnilex-key=us-mn-regs-official--agency-167--7005.0080}
[Renumbered 7009.0080]
##### **Minn. R. 7005.0100** Definitions {#sec-7005.0100 omnilex-key=us-mn-regs-official--agency-167--7005.0100}
**Subpart 1. Scope.**
As used in chapters 7007, 7008, 7009, 7011, 7017, 7019, 7025, 7027, and 7030 and parts 7023.0100 to 7023.0120, the terms in this part have the meanings given them except as expressly provided in a specific rule.
**Subp. 1a.**
[Renumbered subp 2b]
**Subp. 1b. Administrator.**
"Administrator" means the administrator of the United States Environmental Protection Agency or the administrator's designee.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency. The commissioner is the designee of the agency.
**Subp. 2a. Aggregate.**
"Aggregate" means any combination of sand, gravel, and crushed stone or other material serving a similar purpose in its natural or processed state.
**Subp. 2b. Air quality control region or AQCR.**
"Air quality control region" or "AQCR" means the territorial area encompassed by the boundaries of the jurisdictions within the state listed in items A to G, including the territorial area of all municipalities, as defined in section 302(f) of the Clean Air Act, United States Code, title 42, section 7602(f), geographically located within the outermost boundaries of the area.
A. AQCR 127 includes the counties of Benton, Chisago, Isanti, Kanabec, Mille Lacs, Pine, Sherburne, Stearns, and Wright.
B. AQCR 128 includes the counties of Blue Earth, Brown, Dodge, Faribault, Fillmore, Freeborn, Goodhue, Houston, Le Sueur, Martin, Mower, Nicollet, Olmsted, Rice, Sibley, Steele, Wabasha, Waseca, Watonwan, and Winona.
C. AQCR 129 includes the counties of Aitkin, Carlton, Cook, Itasca, Koochiching, Lake, and St. Louis.
D. AQCR 130 includes Clay County.
E. AQCR 131 includes the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
F. AQCR 132 includes the counties of Becker, Beltrami, Cass, Clearwater, Crow Wing, Douglas, Grant, Hubbard, Kittson, Lake of the Woods, Mahnomen, Marshall, Morrison, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau, Stevens, Todd, Traverse, Wadena, and Wilkin.
G. AQCR 133 includes the counties of Big Stone, Chippewa, Cottonwood, Jackson, Kandiyohi, Lac qui Parle, Lincoln, Lyon, McLeod, Meeker, Murray, Nobles, Pipestone, Redwood, Renville, Rock, Swift, and Yellow Medicine.
**Subp. 2c. Air toxics.**
"Air toxics" means pollutants, except for criteria pollutants, that are known or suspected to cause cancer or other serious health effects or adverse environmental and ecological effects. Air toxics includes the pollutants listed under part 7019.3110, subpart 2.
**Subp. 2d. Air toxics reporting facility.**
"Air toxics reporting facility" means a facility in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County for which the owner or operator of the facility must obtain an air emission permit under chapter 7007, but does not include a facility permitted under part 7007.1120, registration permit option B.
**Subp. 3. Alternative method.**
"Alternative method" means a method of sampling and analyzing for an air pollutant that is not a reference or equivalent method but that has been demonstrated to the commissioner's satisfaction to, in specific cases, produce results adequate for its determination of compliance.
**Subp. 3a. Begin actual construction.**
"Begin actual construction" means initiation of permanent, physical, on-site construction, reconstruction, or modification activities on an emissions unit. Activities include installing building supports and foundations, laying underground pipework, and constructing permanent storage structures. Activities do not include site clearing and grading or entering into binding agreements or contractual obligations. Regarding a change in method of operating, this term refers to those on-site activities, other than preparatory activities, that mark the initiation of the change. Owners or operators that undertake these activities before obtaining any required permits do so at their own risk; a permit may not be issued or may not contain the terms the applicant desires.
**Subp. 3b. Breakdown.**
"Breakdown" means a sudden and unavoidable failure of air pollution control equipment or process equipment to operate as designed.
**Subp. 3c. Coal.**
"Coal" has the meaning given in part 7011.1100, subpart 2.
**Subp. 3d. Coal-derived fuel.**
"Coal-derived fuel" means any fuel, whether in a solid, liquid, or gaseous state, produced by the mechanical, thermal, or chemical processing of coal.
**Subp. 3e. Coal-fired.**
"Coal-fired" means any emission unit or stationary source that uses any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel.
**Subp. 4.**
[Renumbered subp 3b]
**Subp. 4a.**
[Repealed, 23 SR 2224]
**Subp. 4b. Commissioner.**
"Commissioner" means the commissioner of the Pollution Control Agency.
**Subp. 4c. Cementitious material.**
"Cementitious material" means a powdered substance that consists of any combination of the following:
A. material manufactured from calcined carbonate rock, also known as burned lime, and clay;
B. fly ash generated from coal burning that meets the requirements outlined in ASTM C 618-96, as found in the Annual Book of American Society for Testing and Materials Standards (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, volume 4.02 (1996). This document is incorporated by reference and is subject to frequent change. It is available through the Minitex interlibrary loan system;
C. pulverized blast furnace slag; or
D. any other similar fine substance that, when mixed with water, forms a cohesive, adhesive material that will harden into a rigid substance.
**Subp. 4d. Concrete.**
"Concrete" means a material that consists of a coarse and fine aggregate bound by a paste of cementitious material and water, with admixtures added to achieve various properties and that sets into a hard and rigid substance.
**Subp. 4e. Concrete manufacturing plant.**
"Concrete manufacturing plant" means a facility that manufactures concrete, both hardened and unhardened, for sale.
**Subp. 4f. Conditionally exempt stationary source.**
"Conditionally exempt stationary source" means a stationary source listed in parts 7008.2100 to 7008.2600 that complies with chapter 7008 and all applicable requirements as defined in part 7007.0100, subpart 7, and is not part of another stationary source.
**Subp. 4g. Conditionally insignificant activity.**
"Conditionally insignificant activity" means any emissions unit, emissions units, or activity listed in parts 7008.4100 to 7008.4110 that complies with chapter 7008 and all applicable requirements as defined in part 7007.0100, subpart 7.
**Subp. 5. Construction.**
"Construction" means fabricating, erecting, or installing an emission facility, emissions unit, or stationary source. Construction also includes excavating, blasting, removing rock and soil, and backfilling unless the commissioner determines that these activities are of minimal cost, do not significantly alter the site, and are not permanent in nature. Construction does not include site clearing or grading.
**Subp. 6. Continuous monitoring system.**
"Continuous monitoring system" means the total equipment used to continuously sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters.
**Subp. 7.**
[Repealed by amendment, 8 SR 2275]
**Subp. 7a. Control efficiency.**
"Control efficiency" has the meaning given in part 7011.0060, subpart 3a.
**Subp. 8. Control equipment.**
"Control equipment" means an "air contaminant treatment facility" or a "treatment facility" as defined in Minnesota Statutes, section 116.06, subdivision 3.
**Subp. 8a. Criteria pollutant.**
"Criteria pollutant" means any of the following: sulfur dioxide, particulate matter, nitrogen oxides, carbon monoxide, ozone, lead, and any other pollutants for which national ambient air quality standards have been established in Code of Federal Regulations, title 40, part 50, as amended, or for which state ambient air quality standards have been established in parts 7009.0010 to 7009.0080.
**Subp. 9.**
[Repealed by amendment, L 1987 c 186 s 15; 13 SR 2153]
**Subp. 9a.**
[Repealed, 44 SR 1030]
**Subp. 9b. Efficiency factor.**
"Efficiency factor" means:
A. the control efficiency listed in part 7011.0070, subpart 1a, table A;
B. notwithstanding item A, where no control efficiency is listed for a control equipment type in part 7011.0070, subpart 1a, table A, or where the commissioner has determined that a more representative control efficiency is available under this item, efficiency factor means a control efficiency developed or approved by the commissioner and derived from the following sources:
C. The commissioner shall develop or approve an efficiency factor under item B using best engineering judgment and based on one or more of the following considerations:
**Subp. 10. Emission facility.**
"Emission facility" means any structure, work, equipment, machinery, device, apparatus, or other means whereby an emission is caused to occur.
**Subp. 10a.**
[Repealed, 13 SR 2153]
**Subp. 10a. Emission factor.**
"Emission factor" means the most accurate and representative emission data available from one of the following sources:
A. The emission factor listed in the Compilation of Air Emissions Factors (AP-42), United States Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711 (January 1995 and as subsequently amended). The document is incorporated by reference, is available at https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors, and is subject to frequent change. Where more than one emission factor is listed in AP-42, "emission factor" means the one approved by the commissioner using best engineering judgment and based on one or more of the considerations in item C, subitem (2).
B. The emission factor listed in Factor Information Retrieval (FIRE) Data System, Version 6.25, United States Environmental Protection Agency, Office of Air Quality Planning and Standards, as amended. The data system is incorporated by reference, is available at https://cfpub.epa.gov/webfire, and is subject to frequent change. Where more than one emission factor is listed, emission factor means the one approved by the commissioner using best engineering judgment and based on one or more of the considerations in item C, subitem (2).
C.
**Subp. 10b. Emissions unit.**
"Emissions unit" means each activity that emits or has the potential to emit any air contaminant or pollutant. This includes each piece of equipment, machinery, device, apparatus, activity, or any other means whereby an emission is caused to occur or has the potential to occur.
**Subp. 10c.**
[Repealed, 21 SR 165]
**Subp. 10d.**
[Repealed, 20 SR 2316; 21 SR 165]
**Subp. 10e. Environmental Protection Agency or EPA.**
"Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.
**Subp. 11. Equivalent method.**
"Equivalent method" means a method of sampling and analyzing for an air pollutant when the method has been demonstrated to the commissioner's satisfaction to have, under specified conditions, a consistent and quantitatively known relationship to the reference methods in Code of Federal Regulations, title 40, part 60, appendix A, as amended; part 61, appendix B, as amended; and part 51, appendix M, as amended.
**Subp. 11a. Existing facility.**
"Existing facility" means an emission facility at which construction, modification, or reconstruction began before the effective date of the applicable state air pollution control rule.
**Subp. 11b. Federally enforceable.**
"Federally enforceable" means enforceable by the administrator of the United States Environmental Protection Agency. Federally enforceable limitations, conditions, and requirements include requirements in or developed according to Code of Federal Regulations, title 40, parts 60, 61, and 63, requirements within any applicable state implementation plan, and any permit requirements established according to Code of Federal Regulations, title 40, section 51.166 or 52.21, or Code of Federal Regulations, title 40, part 51, subpart I.
**Subp. 11c.**
[Renumbered subp 12b]
**Subp. 11d.**
[Renumbered subp 14a]
**Subp. 11e. Filterable particulate matter.**
"Filterable particulate matter" means material collected up to and on the filter media of the sample train during a performance test for particulate matter.
**Subp. 11f.**
[Renumbered subp 13a]
**Subp. 11g.**
[Renumbered subp 15a]
**Subp. 12.**
[Repealed by amendment, 8 SR 2275]
**Subp. 12a.**
[Renumbered subp 16a]
**Subp. 12b. Fugitive emissions.**
"Fugitive emissions" means pollutant discharges that could not reasonably pass through a stack, chimney, or other functionally equivalent opening.
**Subp. 13.**
[Repealed by amendment, 8 SR 2275]
**Subp. 13a. Gasoline service station.**
"Gasoline service station" means any stationary source that dispenses gasoline to vehicles. Bulk plants, petroleum distribution terminals, and refineries are not gasoline service stations.
**Subp. 14.**
[Repealed by amendment, 8 SR 2275]
**Subp. 14a. Greenhouse gases or GHGs.**
"Greenhouse gases" or "GHGs" means the air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
**Subp. 15.**
[Repealed by amendment, 8 SR 2275]
**Subp. 15a. Hood.**
"Hood" has the meaning given in part 7011.0060, subpart 3e.
**Subp. 16.**
[Repealed by amendment, 8 SR 2275]
**Subp. 16a. Inorganic condensable particulate matter.**
"Inorganic condensable particulate matter " means inorganic material collected and measured by the sample train during a performance test for particulate matter.
**Subp. 17.**
[Repealed by amendment, 8 SR 2275]
**Subp. 18.**
[Repealed by amendment, 8 SR 2275]
**Subp. 19.**
[Repealed by amendment, 8 SR 2275]
**Subp. 20.**
[Repealed by amendment, 8 SR 2275]
**Subp. 21.**
[Repealed by amendment, 8 SR 2275]
**Subp. 22.**
[Repealed by amendment, 8 SR 2275]
**Subp. 23.**
[Repealed by amendment, 8 SR 2275]
**Subp. 23a. Mercury.**
"Mercury" means all inorganic and organic compounds of mercury, including elemental mercury, expressed as elemental mercury.
**Subp. 23b. Mercury emission source.**
"Mercury emission source" means a stationary source with actual mercury emissions of three pounds per year or more, after controls. For purposes of this subpart, "mercury emissions" do not include fugitive emissions of mercury.
**Subp. 24. Minneapolis-Saint Paul Air Quality Control Region.**
"Minneapolis-Saint Paul Air Quality Control Region" means the area encompassed by the boundaries of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. See Code of Federal Regulations, title 40, part 81.27.
**Subp. 24a. Modification.**
"Modification" has the meaning given it in part 7007.0100, subpart 14.
**Subp. 25. Monitoring device.**
"Monitoring device" means the total equipment used to measure and record (if applicable) process or control equipment parameters.
**Subp. 25a. National emission standard for hazardous air pollutants.**
"National emission standard for hazardous air pollutants" means a standard adopted by the administrator of the United States Environmental Protection Agency under the Clean Air Act, United States Code, title 42, section 7412, as amended, including standards still in effect according to the savings clause that was enacted by the 1990 Clean Air Act amendments and codified at United States Code, title 42, section 7412(q).
**Subp. 25b. New facility.**
"New facility" means an emission facility on which construction, modification, or reconstruction began after the effective date of the applicable new source performance standard or the applicable state air pollution control rule.
**Subp. 26. New source performance standard.**
"New source performance standard" means a standard of performance adopted by the administrator of the United States Environmental Protection Agency under the Clean Air Act, United States Code, title 42, section 7411, as amended.
**Subp. 27. Nitrogen oxides.**
"Nitrogen oxides" means all oxides of nitrogen except nitrous oxide.
**Subp. 28. One-hour period.**
"One-hour period" means any 60-minute period beginning on the hour.
**Subp. 29. Opacity.**
"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
**Subp. 29a. Organic condensable particulate matter.**
"Organic condensable particulate matter" means organic material collected and measured by the sample train during a performance test for particulate matter.
**Subp. 30. Owner or operator.**
"Owner" or "operator" means a person who owns, leases, operates, controls, or supervises, to any degree, an emissions unit, emission facility, or stationary source.
**Subp. 30a. PM-2.5.**
"PM-2.5" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by an applicable reference method, or an equivalent or alternative method.
**Subp. 30b. PM-10.**
"PM-10" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by an applicable reference method, or an equivalent or alternative method.
**Subp. 31. Particulate matter.**
"Particulate matter" means material, except water, that exists at standard conditions in a finely divided form as a liquid or solid as measured by an applicable reference method, or an equivalent or alternative method.
**Subp. 31a. Performance specification.**
"Performance specification" means the specifications for continuous monitoring systems in Code of Federal Regulations, title 40, part 60, appendix B, as amended.
**Subp. 32.**
[Repealed by amendment, 8 SR 2275]
**Subp. 33.**
[Repealed by amendment, 8 SR 2275]
**Subp. 34.**
[Repealed by amendment, 8 SR 2275]
**Subp. 35. Person.**
"Person" has the meaning given in Minnesota Statutes, section 116.06, subdivision 17.
**Subp. 35a. Potential emissions, potential to emit.**
"Potential emissions" or "potential to emit" means the maximum capacity while operating at the maximum hours of operation of an emissions unit, emission facility, or stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restriction on hours of operation or on the type or amount of material combusted, stored, or processed, must be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable.
Secondary emissions must not be counted in determining the potential to emit of an emissions unit, emission facility, or stationary source. Fugitive emissions shall not be counted when determining potential to emit, unless required under part 7007.0200, subpart 2, item B, or applicable federal regulation.
**Subp. 35b. Reconstruction.**
"Reconstruction" means replacement of depreciable components of an existing emissions unit to which a New Source Performance Standard or state air pollution control rule is applicable, to the extent that the fixed capital cost of the depreciable components exceeds 50 percent of the fixed capital cost of depreciable components that would be required to construct a comparable entirely new emissions unit.
**Subp. 35c. Reference method; method.**
"Reference method" or "method" means the procedures for performance tests in Code of Federal Regulations, title 40, part 60, appendix A, as amended; part 61, appendix B, as amended; and part 51, appendix M, as amended.
**Subp. 35d. Run.**
"Run" means the net period of time during which an emission sample is collected.
**Subp. 36.**
[Repealed by amendment, 8 SR 2275]
**Subp. 36a. Secondary emissions.**
"Secondary emissions" means emissions that would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions include emissions from any off-site support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel in transit.
In calculating the net increase in emissions from a particular physical change or change in the method of operation, secondary emissions must not be included unless they are specific, well defined, quantifiable, and impact the same general area as the stationary source or modification that causes the secondary emissions.
**Subp. 37. Shutdown.**
"Shutdown" means the cessation of operation of an emissions unit, emission facility, stationary source, or control equipment for any purpose.
**Subp. 38.**
[Repealed by amendment, 8 SR 2275]
**Subp. 39. Smoke.**
"Smoke" means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively of carbon and other combustible material, or ash, that form a visible plume in the air.
**Subp. 40.**
[Repealed by amendment, 8 SR 2275]
**Subp. 41. Standard conditions.**
"Standard conditions" means a temperature of 20 degrees Celsius (68 degrees Fahrenheit) and a pressure of 760 mm of Hg (29.92 in. of Hg).
**Subp. 42. Standard of performance.**
"Standard of performance" means a restriction on the amount of air pollutants that may be emitted by an emission facility.
**Subp. 42a. Start-up.**
"Start-up" means the setting into operation of an emissions unit, emission facility, stationary source, or control equipment for any purpose.
**Subp. 42b.**
[Repealed, 44 SR 1030]
**Subp. 42c. Stationary source.**
"Stationary source" means an assemblage of all emissions units and emission facilities that belong to the same industrial grouping, are located at one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Emissions units or emission facilities must be considered as part of the same industrial grouping if they belong to the same major group as described in the Standard Industrial Classification Manual, incorporated by reference under part 7045.0065.
**Subp. 43.**
[Repealed by amendment, 8 SR 2275]
**Subp. 44.**
[Repealed, 13 SR 2153]
**Subp. 44a. Total enclosure.**
"Total enclosure" has the meaning given in part 7011.0060, subpart 5.
**Subp. 44b. Toxic release inventory list.**
"Toxic release inventory list" or "TRI list" means the list of chemicals and chemical categories adopted by the Environmental Protection Agency under Code of Federal Regulations, title 40, section 372.65, according to the federal Emergency Planning and Community Right-to-Know Act, United States Code, title 42, section 11023.
**Subp. 45. Volatile organic compound or VOC.**
"Volatile organic compound" or "VOC" means any organic compound that participates in atmospheric photochemical reactions. This includes any organic compound other than the following compounds:
A. methane;
B. ethane;
C. 1,1,1-trichloroethane (methyl chloroform);
D. 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);
E. methylene chloride (dichloromethane);
F. trichlorofluoromethane (CFC-11);
G. dichlorodifluoromethane (CFC-12);
H. chlorodifluoromethane (HCFC-22);
I. trifluoromethane (HFC-23);
J. 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114);
K. chloropentafluoroethane (CFC-115);
L. 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123);
M. 1,1,1,2-tetrafluoroethane (HFC-134a);
N. 1,1-dichloro-1-fluoroethane (HCFC-141b);
O. 1-chloro-1,1-difluoroethane (HCFC-142b);
P. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
Q. pentafluoroethane (HFC-125);
R. 1,1,2,2-tetrafluoroethane (HFC-134);
S. 1,1,1-trifluoroethane (HFC-143a);
T. 1,1-difluoroethane (HFC-152a);
U. parachlorobenzotrifluoride (PCBTF);
V. cyclic, branched, or linear completely methylated siloxanes;
W. acetone;
X. perchloroethylene (tetrachloroethylene);
Y. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);
Z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
AA. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);
BB. perfluorocarbon compounds which fall into these classes:
CC. difluoromethane (HFC-32);
DD. ethylfluoride (HFC-161);
EE. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
FF. 1,1,2,2,3-pentafluoropentane (HFC-245ca);
GG. 1,1,2,3,3-pentafluoropropane (HFC-245ea);
HH. 1,1,1,2,3-pentafluoropropane (HFC-245eb);
II. 1,1,1,3,3-pentafluoropropane (HFC-245fa);
JJ. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);
KK. 1,1,1,3,3-pentafluorobutane (HFC-365mfc);
LL. chlorofluoromethane (HCFC-31);
MM. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);
NN. 1 chloro-1-fluoroethane (HCFC-151a);
OO. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100);
PP. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3);
QQ. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200);
RR. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5);
SS. methyl acetate;
TT. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE-7000);
UU. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500);
VV. 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea);
WW. methyl formate (HCOOCH3);
XX. 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300);
YY. propylene carbonate;
ZZ. dimethyl carbonate;
AAA. trans-1,3,3,3-tetrafluoropropene;
BBB. HCF2 OCF2 H (HFE-134);
CCC. HCF2 OCF2 OCF2 H (HFE-236cal2);
DDD. HCF2 OCF2 CF2 OCF2 H (HFE-338pcc13);
EEE. HCF2 OCF2 OCF2 CF2 OCF2 H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180));
FFF. trans 1-chloro-3,3,3-trifluoroprop-1-ene;
GGG. 2,3,3,3-tetrafluoropropene;
HHH. 2-amino-2-methyl-1-propanol;
III. any other compound listed in the United States Environmental Protection Agency's Complete List of VOC Exemption rules, as amended. The list is incorporated by reference, is available at www.epa.gov/ground-level-ozone-pollution/complete-list-voc-exemption-rules, and is subject to frequent change; or
JJJ. any other compound determined by the United States Environmental Protection Agency to be negligibly photochemically reactive, upon publication of the determination in the Federal Register.
**History**
- *Statutory Authority: MS s 14.388; 115.03; 116.062; 116.07; L 2013 c 114 art 4 s 107*
- *History: 8 SR 2275; L 1987 c 186 s 15; 13 SR 2153; 13 SR 2154; 17 SR 440; 18 SR 580; 18 SR 1059; 18 SR 1412; 20 SR 2316; 20 SR 2254(NO. 42); 21 SR 165; 22 SR 1237; 23 SR 2224; 27 SR 1579; 28 SR 1482; 32 SR 904; 37 SR 991; 39 SR 386; 39 SR 394; 41 SR 763; 43 SR 797; 44 SR 1030; 46 SR 1209; 50 SR 365*
##### **Minn. R. 7005.0110** Abbreviations {#sec-7005.0110 omnilex-key=us-mn-regs-official--agency-167--7005.0110}
As used in the state air pollution control rules, the following abbreviations have the meanings given them:
A. A.S.T.M., American Society for Testing and Materials;
B. Btu, British thermal unit;
C. °C, degree Celsius (centigrade);
D. cal, calorie;
E. cfm, cubic feet per minute;
F. CO, carbon monoxide;
G. CO2, carbon dioxide;
H. dscm, dry cubic meter at standard conditions;
I. dscf, dry cubic feet at standard conditions;
J. °F, degree Fahrenheit;
K. g, gram;
L. gr, grain;
M. Hg, mercury;
N. H2S, hydrogen sulfide;
O. H2SO4, sulfuric acid;
P. J, joule;
Q. kg, kilogram;
R. l, liter;
S. m, meter;
T. mg, milligram;
U. ml, milliliter;
V. mm, millimeter;
W. N2, nitrogen;
X. NO2, nitrogen dioxide;
Y. NOx, nitrogen oxides;
Z. O2, oxygen;
AA. ppb, parts per billion;
BB. ppm, parts per million;
CC. psia, pounds per square inch absolute;
DD. scf, cubic feet at standard conditions;
EE. SO2, sulfur dioxide;
FF. µg, microgram (10-6 gram);
GG. VOC, volatile organic compound;
HH. EPA, United States Environmental Protection Agency.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2275; 18 SR 1412*
##### **Minn. R. 7005.0115** [Renumbered 7011.0010] {#sec-7005.0115 omnilex-key=us-mn-regs-official--agency-167--7005.0115}
[Renumbered 7011.0010]
##### **Minn. R. 7005.0116** [Renumbered 7011.0120] {#sec-7005.0116 omnilex-key=us-mn-regs-official--agency-167--7005.0116}
[Renumbered 7011.0120]
##### **Minn. R. 7005.0117** [Renumbered 7011.0020] {#sec-7005.0117 omnilex-key=us-mn-regs-official--agency-167--7005.0117}
[Renumbered 7011.0020]
##### **Minn. R. 7005.0120** [Repealed by amendment, 8 SR 2275] {#sec-7005.0120 omnilex-key=us-mn-regs-official--agency-167--7005.0120}
[Repealed by amendment, 8 SR 2275]
##### **Minn. R. 7005.0130** [Repealed by amendment, 8 SR 2275] {#sec-7005.0130 omnilex-key=us-mn-regs-official--agency-167--7005.0130}
[Repealed by amendment, 8 SR 2275]
##### **Minn. R. 7005.0140** [Repealed by amendment, 8 SR 2275] {#sec-7005.0140 omnilex-key=us-mn-regs-official--agency-167--7005.0140}
[Repealed by amendment, 8 SR 2275]
##### **Minn. R. 7005.0150** [Repealed by amendment, 8 SR 2275] {#sec-7005.0150 omnilex-key=us-mn-regs-official--agency-167--7005.0150}
[Repealed by amendment, 8 SR 2275]
##### **Minn. R. 7005.0160** [Repealed by amendment, 8 SR 2275] {#sec-7005.0160 omnilex-key=us-mn-regs-official--agency-167--7005.0160}
[Repealed by amendment, 8 SR 2275]
##### **Minn. R. 7005.0170** [Repealed by amendment, 8 SR 2275] {#sec-7005.0170 omnilex-key=us-mn-regs-official--agency-167--7005.0170}
[Repealed by amendment, 8 SR 2275]
##### **Minn. R. 7005.0180** [Repealed by amendment, 8 SR 2275] {#sec-7005.0180 omnilex-key=us-mn-regs-official--agency-167--7005.0180}
[Repealed by amendment, 8 SR 2275]
##### **Minn. R. 7005.0200** [Repealed, 8 SR 2276] {#sec-7005.0200 omnilex-key=us-mn-regs-official--agency-167--7005.0200}
[Repealed, 8 SR 2276]
##### **Minn. R. 7005.0210** [Repealed, 8 SR 2276] {#sec-7005.0210 omnilex-key=us-mn-regs-official--agency-167--7005.0210}
[Repealed, 8 SR 2276]
##### **Minn. R. 7005.0220** [Repealed, 8 SR 2276] {#sec-7005.0220 omnilex-key=us-mn-regs-official--agency-167--7005.0220}
[Repealed, 8 SR 2276]
##### **Minn. R. 7005.0230** [Repealed, 8 SR 2276] {#sec-7005.0230 omnilex-key=us-mn-regs-official--agency-167--7005.0230}
[Repealed, 8 SR 2276]
##### **Minn. R. 7005.0240** [Repealed, 8 SR 2276] {#sec-7005.0240 omnilex-key=us-mn-regs-official--agency-167--7005.0240}
[Repealed, 8 SR 2276]
##### **Minn. R. 7005.0250** [Repealed, 8 SR 2276] {#sec-7005.0250 omnilex-key=us-mn-regs-official--agency-167--7005.0250}
[Repealed, 8 SR 2276]
##### **Minn. R. 7005.0260** [Repealed, 8 SR 2276] {#sec-7005.0260 omnilex-key=us-mn-regs-official--agency-167--7005.0260}
[Repealed, 8 SR 2276]
##### **Minn. R. 7005.0270** [Repealed, 8 SR 2276] {#sec-7005.0270 omnilex-key=us-mn-regs-official--agency-167--7005.0270}
[Repealed, 8 SR 2276]
##### **Minn. R. 7005.0280** [Repealed, 8 SR 2276] {#sec-7005.0280 omnilex-key=us-mn-regs-official--agency-167--7005.0280}
[Repealed, 8 SR 2276]
##### **Minn. R. 7005.0300** [Renumbered 7011.0500] {#sec-7005.0300 omnilex-key=us-mn-regs-official--agency-167--7005.0300}
[Renumbered 7011.0500]
##### **Minn. R. 7005.0310** [Renumbered 7011.0505] {#sec-7005.0310 omnilex-key=us-mn-regs-official--agency-167--7005.0310}
[Renumbered 7011.0505]
##### **Minn. R. 7005.0320** [Renumbered 7011.0510] {#sec-7005.0320 omnilex-key=us-mn-regs-official--agency-167--7005.0320}
[Renumbered 7011.0510]
##### **Minn. R. 7005.0330** [Renumbered 7011.0515] {#sec-7005.0330 omnilex-key=us-mn-regs-official--agency-167--7005.0330}
[Renumbered 7011.0515]
##### **Minn. R. 7005.0340** [Renumbered 7011.0520] {#sec-7005.0340 omnilex-key=us-mn-regs-official--agency-167--7005.0340}
[Renumbered 7011.0520]
##### **Minn. R. 7005.0350** [Renumbered 7011.0525] {#sec-7005.0350 omnilex-key=us-mn-regs-official--agency-167--7005.0350}
[Renumbered 7011.0525]
##### **Minn. R. 7005.0360** [Renumbered 7011.0530] {#sec-7005.0360 omnilex-key=us-mn-regs-official--agency-167--7005.0360}
[Renumbered 7011.0530]
##### **Minn. R. 7005.0370** [Renumbered 7011.0535] {#sec-7005.0370 omnilex-key=us-mn-regs-official--agency-167--7005.0370}
[Renumbered 7011.0535]
##### **Minn. R. 7005.0380** [Renumbered 7011.0540] {#sec-7005.0380 omnilex-key=us-mn-regs-official--agency-167--7005.0380}
[Renumbered 7011.0540]
##### **Minn. R. 7005.0390** [Renumbered 7011.0545] {#sec-7005.0390 omnilex-key=us-mn-regs-official--agency-167--7005.0390}
[Renumbered 7011.0545]
##### **Minn. R. 7005.0400** [Renumbered 7011.0550] {#sec-7005.0400 omnilex-key=us-mn-regs-official--agency-167--7005.0400}
[Renumbered 7011.0550]
##### **Minn. R. 7005.0450** [Renumbered 7011.0700] {#sec-7005.0450 omnilex-key=us-mn-regs-official--agency-167--7005.0450}
[Renumbered 7011.0700]
##### **Minn. R. 7005.0460** [Renumbered 7011.0705] {#sec-7005.0460 omnilex-key=us-mn-regs-official--agency-167--7005.0460}
[Renumbered 7011.0705]
##### **Minn. R. 7005.0470** [Renumbered 7011.0710] {#sec-7005.0470 omnilex-key=us-mn-regs-official--agency-167--7005.0470}
[Renumbered 7011.0710]
##### **Minn. R. 7005.0480** [Renumbered 7011.0715] {#sec-7005.0480 omnilex-key=us-mn-regs-official--agency-167--7005.0480}
[Renumbered 7011.0715]
##### **Minn. R. 7005.0490** [Renumbered 7011.0720] {#sec-7005.0490 omnilex-key=us-mn-regs-official--agency-167--7005.0490}
[Renumbered 7011.0720]
##### **Minn. R. 7005.0500** [Renumbered 7011.0725] {#sec-7005.0500 omnilex-key=us-mn-regs-official--agency-167--7005.0500}
[Renumbered 7011.0725]
##### **Minn. R. 7005.0510** [Renumbered 7011.0730] {#sec-7005.0510 omnilex-key=us-mn-regs-official--agency-167--7005.0510}
[Renumbered 7011.0730]
##### **Minn. R. 7005.0520** [Renumbered 7011.0735] {#sec-7005.0520 omnilex-key=us-mn-regs-official--agency-167--7005.0520}
[Renumbered 7011.0735]
##### **Minn. R. 7005.0550** [Renumbered 7011.0150] {#sec-7005.0550 omnilex-key=us-mn-regs-official--agency-167--7005.0550}
[Renumbered 7011.0150]
##### **Minn. R. 7005.0600** [Renumbered 7011.1201] {#sec-7005.0600 omnilex-key=us-mn-regs-official--agency-167--7005.0600}
[Renumbered 7011.1201]
##### **Minn. R. 7005.0610** [Renumbered 7011.1202] {#sec-7005.0610 omnilex-key=us-mn-regs-official--agency-167--7005.0610}
[Renumbered 7011.1202]
##### **Minn. R. 7005.0620** [Renumbered 7011.1203] {#sec-7005.0620 omnilex-key=us-mn-regs-official--agency-167--7005.0620}
[Renumbered 7011.1203]
##### **Minn. R. 7005.0630** [Renumbered 7011.1204] {#sec-7005.0630 omnilex-key=us-mn-regs-official--agency-167--7005.0630}
[Renumbered 7011.1204]
##### **Minn. R. 7005.0640** [Renumbered 7011.1206] {#sec-7005.0640 omnilex-key=us-mn-regs-official--agency-167--7005.0640}
[Renumbered 7011.1206]
##### **Minn. R. 7005.0650** [Renumbered 7011.1207] {#sec-7005.0650 omnilex-key=us-mn-regs-official--agency-167--7005.0650}
[Renumbered 7011.1207]
##### **Minn. R. 7005.0700** [Repealed, 16 SR 865] {#sec-7005.0700 omnilex-key=us-mn-regs-official--agency-167--7005.0700}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0705** [Renumbered 7028.0010] {#sec-7005.0705 omnilex-key=us-mn-regs-official--agency-167--7005.0705}
[Renumbered 7028.0010]
##### **Minn. R. 7005.0710** [Repealed, 16 SR 865] {#sec-7005.0710 omnilex-key=us-mn-regs-official--agency-167--7005.0710}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0715** [Renumbered 7028.0020] {#sec-7005.0715 omnilex-key=us-mn-regs-official--agency-167--7005.0715}
[Renumbered 7028.0020]
##### **Minn. R. 7005.0720** [Repealed, 16 SR 865] {#sec-7005.0720 omnilex-key=us-mn-regs-official--agency-167--7005.0720}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0725** [Renumbered 7028.0030] {#sec-7005.0725 omnilex-key=us-mn-regs-official--agency-167--7005.0725}
[Renumbered 7028.0030]
##### **Minn. R. 7005.0730** [Repealed, 16 SR 865] {#sec-7005.0730 omnilex-key=us-mn-regs-official--agency-167--7005.0730}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0735** [Renumbered 7028.0040] {#sec-7005.0735 omnilex-key=us-mn-regs-official--agency-167--7005.0735}
[Renumbered 7028.0040]
##### **Minn. R. 7005.0740** [Repealed, 16 SR 865] {#sec-7005.0740 omnilex-key=us-mn-regs-official--agency-167--7005.0740}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0745** [Renumbered 7028.0050] {#sec-7005.0745 omnilex-key=us-mn-regs-official--agency-167--7005.0745}
[Renumbered 7028.0050]
##### **Minn. R. 7005.0750** [Repealed, 16 SR 865] {#sec-7005.0750 omnilex-key=us-mn-regs-official--agency-167--7005.0750}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0755** [Renumbered 7028.0060] {#sec-7005.0755 omnilex-key=us-mn-regs-official--agency-167--7005.0755}
[Renumbered 7028.0060]
##### **Minn. R. 7005.0760** [Repealed, 16 SR 865] {#sec-7005.0760 omnilex-key=us-mn-regs-official--agency-167--7005.0760}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0765** [Renumbered 7028.0070] {#sec-7005.0765 omnilex-key=us-mn-regs-official--agency-167--7005.0765}
[Renumbered 7028.0070]
##### **Minn. R. 7005.0766** [Renumbered 7028.0080] {#sec-7005.0766 omnilex-key=us-mn-regs-official--agency-167--7005.0766}
[Renumbered 7028.0080]
##### **Minn. R. 7005.0767** [Renumbered 7028.0090] {#sec-7005.0767 omnilex-key=us-mn-regs-official--agency-167--7005.0767}
[Renumbered 7028.0090]
##### **Minn. R. 7005.0770** [Repealed, 16 SR 865] {#sec-7005.0770 omnilex-key=us-mn-regs-official--agency-167--7005.0770}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0775** [Renumbered 7028.0100] {#sec-7005.0775 omnilex-key=us-mn-regs-official--agency-167--7005.0775}
[Renumbered 7028.0100]
##### **Minn. R. 7005.0780** [Repealed, 16 SR 865] {#sec-7005.0780 omnilex-key=us-mn-regs-official--agency-167--7005.0780}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0785** [Renumbered 7028.0110] {#sec-7005.0785 omnilex-key=us-mn-regs-official--agency-167--7005.0785}
[Renumbered 7028.0110]
##### **Minn. R. 7005.0790** [Repealed, 16 SR 865] {#sec-7005.0790 omnilex-key=us-mn-regs-official--agency-167--7005.0790}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0795** [Renumbered 7028.0120] {#sec-7005.0795 omnilex-key=us-mn-regs-official--agency-167--7005.0795}
[Renumbered 7028.0120]
##### **Minn. R. 7005.0796** [Renumbered 7028.0130] {#sec-7005.0796 omnilex-key=us-mn-regs-official--agency-167--7005.0796}
[Renumbered 7028.0130]
##### **Minn. R. 7005.0800** [Repealed, 16 SR 865] {#sec-7005.0800 omnilex-key=us-mn-regs-official--agency-167--7005.0800}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0805** [Renumbered 7028.0140] {#sec-7005.0805 omnilex-key=us-mn-regs-official--agency-167--7005.0805}
[Renumbered 7028.0140]
##### **Minn. R. 7005.0810** [Repealed, 16 SR 865] {#sec-7005.0810 omnilex-key=us-mn-regs-official--agency-167--7005.0810}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0815** [Renumbered 7028.0150] {#sec-7005.0815 omnilex-key=us-mn-regs-official--agency-167--7005.0815}
[Renumbered 7028.0150]
##### **Minn. R. 7005.0820** [Repealed, 16 SR 865] {#sec-7005.0820 omnilex-key=us-mn-regs-official--agency-167--7005.0820}
[Repealed, 16 SR 865]
##### **Minn. R. 7005.0900** [Renumbered 7011.0300] {#sec-7005.0900 omnilex-key=us-mn-regs-official--agency-167--7005.0900}
[Renumbered 7011.0300]
##### **Minn. R. 7005.0910** [Renumbered 7011.0305] {#sec-7005.0910 omnilex-key=us-mn-regs-official--agency-167--7005.0910}
[Renumbered 7011.0305]
##### **Minn. R. 7005.0920** [Renumbered 7011.0310] {#sec-7005.0920 omnilex-key=us-mn-regs-official--agency-167--7005.0920}
[Renumbered 7011.0310]
##### **Minn. R. 7005.0930** [Renumbered 7011.0315] {#sec-7005.0930 omnilex-key=us-mn-regs-official--agency-167--7005.0930}
[Renumbered 7011.0315]
##### **Minn. R. 7005.0940** [Renumbered 7011.0320] {#sec-7005.0940 omnilex-key=us-mn-regs-official--agency-167--7005.0940}
[Renumbered 7011.0320]
##### **Minn. R. 7005.0950** [Renumbered 7011.0325] {#sec-7005.0950 omnilex-key=us-mn-regs-official--agency-167--7005.0950}
[Renumbered 7011.0325]
##### **Minn. R. 7005.0960** [Renumbered 7011.0330] {#sec-7005.0960 omnilex-key=us-mn-regs-official--agency-167--7005.0960}
[Renumbered 7011.0330]
##### **Minn. R. 7005.1000** [Renumbered 7011.2200] {#sec-7005.1000 omnilex-key=us-mn-regs-official--agency-167--7005.1000}
[Renumbered 7011.2200]
##### **Minn. R. 7005.1010** [Renumbered 7011.2205] {#sec-7005.1010 omnilex-key=us-mn-regs-official--agency-167--7005.1010}
[Renumbered 7011.2205]
##### **Minn. R. 7005.1020** [Renumbered 7011.2210] {#sec-7005.1020 omnilex-key=us-mn-regs-official--agency-167--7005.1020}
[Renumbered 7011.2210]
##### **Minn. R. 7005.1030** [Renumbered 7011.2215] {#sec-7005.1030 omnilex-key=us-mn-regs-official--agency-167--7005.1030}
[Renumbered 7011.2215]
##### **Minn. R. 7005.1040** [Renumbered 7011.2220] {#sec-7005.1040 omnilex-key=us-mn-regs-official--agency-167--7005.1040}
[Renumbered 7011.2220]
##### **Minn. R. 7005.1100** [Renumbered 7011.0100] {#sec-7005.1100 omnilex-key=us-mn-regs-official--agency-167--7005.1100}
[Renumbered 7011.0100]
##### **Minn. R. 7005.1110** [Renumbered 7011.0105] {#sec-7005.1110 omnilex-key=us-mn-regs-official--agency-167--7005.1110}
[Renumbered 7011.0105]
##### **Minn. R. 7005.1120** [Renumbered 7011.0110] {#sec-7005.1120 omnilex-key=us-mn-regs-official--agency-167--7005.1120}
[Renumbered 7011.0110]
##### **Minn. R. 7005.1130** [Renumbered 7011.0115] {#sec-7005.1130 omnilex-key=us-mn-regs-official--agency-167--7005.1130}
[Renumbered 7011.0115]
##### **Minn. R. 7005.1150** [Renumbered 7023.0100] {#sec-7005.1150 omnilex-key=us-mn-regs-official--agency-167--7005.1150}
[Renumbered 7023.0100]
##### **Minn. R. 7005.1160** [Renumbered 7023.0105] {#sec-7005.1160 omnilex-key=us-mn-regs-official--agency-167--7005.1160}
[Renumbered 7023.0105]
##### **Minn. R. 7005.1170** [Renumbered 7023.0110] {#sec-7005.1170 omnilex-key=us-mn-regs-official--agency-167--7005.1170}
[Renumbered 7023.0110]
##### **Minn. R. 7005.1180** [Renumbered 7023.0115] {#sec-7005.1180 omnilex-key=us-mn-regs-official--agency-167--7005.1180}
[Renumbered 7023.0115]
##### **Minn. R. 7005.1190** [Renumbered 7023.0120] {#sec-7005.1190 omnilex-key=us-mn-regs-official--agency-167--7005.1190}
[Renumbered 7023.0120]
##### **Minn. R. 7005.1200** [Renumbered 7011.2300] {#sec-7005.1200 omnilex-key=us-mn-regs-official--agency-167--7005.1200}
[Renumbered 7011.2300]
##### **Minn. R. 7005.1250** [Renumbered 7011.1500] {#sec-7005.1250 omnilex-key=us-mn-regs-official--agency-167--7005.1250}
[Renumbered 7011.1500]
##### **Minn. R. 7005.1260** [Renumbered 7011.1505] {#sec-7005.1260 omnilex-key=us-mn-regs-official--agency-167--7005.1260}
[Renumbered 7011.1505]
##### **Minn. R. 7005.1270** [Renumbered 7011.1510] {#sec-7005.1270 omnilex-key=us-mn-regs-official--agency-167--7005.1270}
[Renumbered 7011.1510]
##### **Minn. R. 7005.1280** [Renumbered 7011.1515] {#sec-7005.1280 omnilex-key=us-mn-regs-official--agency-167--7005.1280}
[Renumbered 7011.1515]
##### **Minn. R. 7005.1300** [Renumbered 7011.0400] {#sec-7005.1300 omnilex-key=us-mn-regs-official--agency-167--7005.1300}
[Renumbered 7011.0400]
##### **Minn. R. 7005.1310** [Renumbered 7011.0405] {#sec-7005.1310 omnilex-key=us-mn-regs-official--agency-167--7005.1310}
[Renumbered 7011.0405]
##### **Minn. R. 7005.1320** [Renumbered 7011.0410] {#sec-7005.1320 omnilex-key=us-mn-regs-official--agency-167--7005.1320}
[Renumbered 7011.0410]
##### **Minn. R. 7005.1350** [Renumbered 7011.1600] {#sec-7005.1350 omnilex-key=us-mn-regs-official--agency-167--7005.1350}
[Renumbered 7011.1600]
##### **Minn. R. 7005.1360** [Renumbered 7011.1605] {#sec-7005.1360 omnilex-key=us-mn-regs-official--agency-167--7005.1360}
[Renumbered 7011.1605]
##### **Minn. R. 7005.1370** [Renumbered 7011.1610] {#sec-7005.1370 omnilex-key=us-mn-regs-official--agency-167--7005.1370}
[Renumbered 7011.1610]
##### **Minn. R. 7005.1380** [Renumbered 7011.1615] {#sec-7005.1380 omnilex-key=us-mn-regs-official--agency-167--7005.1380}
[Renumbered 7011.1615]
##### **Minn. R. 7005.1390** [Renumbered 7011.1620] {#sec-7005.1390 omnilex-key=us-mn-regs-official--agency-167--7005.1390}
[Renumbered 7011.1620]
##### **Minn. R. 7005.1400** [Renumbered 7011.1625] {#sec-7005.1400 omnilex-key=us-mn-regs-official--agency-167--7005.1400}
[Renumbered 7011.1625]
##### **Minn. R. 7005.1410** [Renumbered 7011.1630] {#sec-7005.1410 omnilex-key=us-mn-regs-official--agency-167--7005.1410}
[Renumbered 7011.1630]
##### **Minn. R. 7005.1450** [Renumbered 7011.1700] {#sec-7005.1450 omnilex-key=us-mn-regs-official--agency-167--7005.1450}
[Renumbered 7011.1700]
##### **Minn. R. 7005.1460** [Renumbered 7011.1705] {#sec-7005.1460 omnilex-key=us-mn-regs-official--agency-167--7005.1460}
[Renumbered 7011.1705]
##### **Minn. R. 7005.1470** [Renumbered 7011.1710] {#sec-7005.1470 omnilex-key=us-mn-regs-official--agency-167--7005.1470}
[Renumbered 7011.1710]
##### **Minn. R. 7005.1480** [Renumbered 7011.1715] {#sec-7005.1480 omnilex-key=us-mn-regs-official--agency-167--7005.1480}
[Renumbered 7011.1715]
##### **Minn. R. 7005.1490** [Renumbered 7011.1720] {#sec-7005.1490 omnilex-key=us-mn-regs-official--agency-167--7005.1490}
[Renumbered 7011.1720]
##### **Minn. R. 7005.1500** [Renumbered 7011.1725] {#sec-7005.1500 omnilex-key=us-mn-regs-official--agency-167--7005.1500}
[Renumbered 7011.1725]
##### **Minn. R. 7005.1550** [Renumbered 7011.9921] {#sec-7005.1550 omnilex-key=us-mn-regs-official--agency-167--7005.1550}
[Renumbered 7011.9921]
##### **Minn. R. 7005.1560** [Renumbered 7011.9922] {#sec-7005.1560 omnilex-key=us-mn-regs-official--agency-167--7005.1560}
[Renumbered 7011.9922]
##### **Minn. R. 7005.1570** [Renumbered 7011.9923] {#sec-7005.1570 omnilex-key=us-mn-regs-official--agency-167--7005.1570}
[Renumbered 7011.9923]
##### **Minn. R. 7005.1580** [Renumbered 7011.9924] {#sec-7005.1580 omnilex-key=us-mn-regs-official--agency-167--7005.1580}
[Renumbered 7011.9924]
##### **Minn. R. 7005.1590** [Renumbered 7011.9925] {#sec-7005.1590 omnilex-key=us-mn-regs-official--agency-167--7005.1590}
[Renumbered 7011.9925]
##### **Minn. R. 7005.1600** [Renumbered 7011.9926] {#sec-7005.1600 omnilex-key=us-mn-regs-official--agency-167--7005.1600}
[Renumbered 7011.9926]
##### **Minn. R. 7005.1610** [Renumbered 7011.9927] {#sec-7005.1610 omnilex-key=us-mn-regs-official--agency-167--7005.1610}
[Renumbered 7011.9927]
##### **Minn. R. 7005.1611** [Renumbered 4620.3000] {#sec-7005.1611 omnilex-key=us-mn-regs-official--agency-167--7005.1611}
[Renumbered 4620.3000]
##### **Minn. R. 7005.1612** [Renumbered 4620.3100] {#sec-7005.1612 omnilex-key=us-mn-regs-official--agency-167--7005.1612}
[Renumbered 4620.3100]
##### **Minn. R. 7005.1613** [Renumbered 4620.3200] {#sec-7005.1613 omnilex-key=us-mn-regs-official--agency-167--7005.1613}
[Renumbered 4620.3200]
##### **Minn. R. 7005.1614** [Renumbered 4620.3300] {#sec-7005.1614 omnilex-key=us-mn-regs-official--agency-167--7005.1614}
[Renumbered 4620.3300]
##### **Minn. R. 7005.1615** [Renumbered 4620.3400] {#sec-7005.1615 omnilex-key=us-mn-regs-official--agency-167--7005.1615}
[Renumbered 4620.3400]
##### **Minn. R. 7005.1616** [Renumbered 4620.3500] {#sec-7005.1616 omnilex-key=us-mn-regs-official--agency-167--7005.1616}
[Renumbered 4620.3500]
##### **Minn. R. 7005.1617** [Renumbered 4620.3600] {#sec-7005.1617 omnilex-key=us-mn-regs-official--agency-167--7005.1617}
[Renumbered 4620.3600]
##### **Minn. R. 7005.1618** [Renumbered 4620.3700] {#sec-7005.1618 omnilex-key=us-mn-regs-official--agency-167--7005.1618}
[Renumbered 4620.3700]
##### **Minn. R. 7005.1650** [Renumbered 7011.2100] {#sec-7005.1650 omnilex-key=us-mn-regs-official--agency-167--7005.1650}
[Renumbered 7011.2100]
##### **Minn. R. 7005.1660** [Renumbered 7011.2105] {#sec-7005.1660 omnilex-key=us-mn-regs-official--agency-167--7005.1660}
[Renumbered 7011.2105]
##### **Minn. R. 7005.1700** [Renumbered 7001.1260] {#sec-7005.1700 omnilex-key=us-mn-regs-official--agency-167--7005.1700}
[Renumbered 7001.1260]
##### **Minn. R. 7005.1710** [Renumbered 7001.1270] {#sec-7005.1710 omnilex-key=us-mn-regs-official--agency-167--7005.1710}
[Renumbered 7001.1270]
##### **Minn. R. 7005.1720** [Renumbered 7001.1280] {#sec-7005.1720 omnilex-key=us-mn-regs-official--agency-167--7005.1720}
[Renumbered 7001.1280]
##### **Minn. R. 7005.1730** [Renumbered 7001.1290] {#sec-7005.1730 omnilex-key=us-mn-regs-official--agency-167--7005.1730}
[Renumbered 7001.1290]
##### **Minn. R. 7005.1740** Repealed by subpart {#sec-7005.1740 omnilex-key=us-mn-regs-official--agency-167--7005.1740}
**Subpart 1.**
[Repealed by amendment, 8 SR 2277]
**Subp. 2.**
[Renumbered 7001.1310, subp. 2]
**Subp. 3.**
[Renumbered 7001.1310, subp. 3]
**Subp. 4.**
[Renumbered 7001.1310, subp. 4]
**Subp. 5.**
[Repealed by amendment, 8 SR 2277]
##### **Minn. R. 7005.1750** Repealed by subpart {#sec-7005.1750 omnilex-key=us-mn-regs-official--agency-167--7005.1750}
**Subpart 1.**
[Renumbered 7001.1330]
**Subp. 2.**
[Repealed by amendment, 8 SR 2277]
**Subp. 3.**
[Repealed by amendment, 8 SR 2277]
**Subp. 4.**
[Repealed by amendment, 8 SR 2277]
##### **Minn. R. 7005.1760** [Repealed by amendment, 8 SR 2277] {#sec-7005.1760 omnilex-key=us-mn-regs-official--agency-167--7005.1760}
[Repealed by amendment, 8 SR 2277]
##### **Minn. R. 7005.1770** Repealed by subpart {#sec-7005.1770 omnilex-key=us-mn-regs-official--agency-167--7005.1770}
**Subpart 1.**
[Renumbered 7001.1340, subpart 1]
**Subp. 2.**
[Repealed by amendment, 8 SR 2277]
**Subp. 3.**
[Repealed by amendment, 8 SR 2277]
**Subp. 4.**
[Repealed by amendment, 8 SR 2277]
**Subp. 5.**
[Renumbered 7001.1340, subp. 2]
**Subp. 6.**
[Repealed by amendment, 8 SR 2277]
**Subp. 7.**
[Repealed by amendment, 8 SR 2277]
**Subp. 8.**
[Repealed by amendment, 8 SR 2277]
**Subp. 9.**
[Repealed by amendment, 8 SR 2277]
##### **Minn. R. 7005.1780** [Repealed by amendment, 8 SR 2277] {#sec-7005.1780 omnilex-key=us-mn-regs-official--agency-167--7005.1780}
[Repealed by amendment, 8 SR 2277]
##### **Minn. R. 7005.1790** [Repealed by amendment, 8 SR 2277] {#sec-7005.1790 omnilex-key=us-mn-regs-official--agency-167--7005.1790}
[Repealed by amendment, 8 SR 2277]
##### **Minn. R. 7005.1800** [Repealed by amendment, 8 SR 2277] {#sec-7005.1800 omnilex-key=us-mn-regs-official--agency-167--7005.1800}
[Repealed by amendment, 8 SR 2277]
##### **Minn. R. 7005.1850** [Renumbered 7017.1000] {#sec-7005.1850 omnilex-key=us-mn-regs-official--agency-167--7005.1850}
[Renumbered 7017.1000]
##### **Minn. R. 7005.1860** [Renumbered 7017.2000] {#sec-7005.1860 omnilex-key=us-mn-regs-official--agency-167--7005.1860}
[Renumbered 7017.2000]
##### **Minn. R. 7005.1870** [Renumbered 7019.2000] {#sec-7005.1870 omnilex-key=us-mn-regs-official--agency-167--7005.1870}
[Renumbered 7019.2000]
##### **Minn. R. 7005.1875** [Renumbered 7019.3000] {#sec-7005.1875 omnilex-key=us-mn-regs-official--agency-167--7005.1875}
[Renumbered 7019.3000]
##### **Minn. R. 7005.1876** [Renumbered 7019.3010] {#sec-7005.1876 omnilex-key=us-mn-regs-official--agency-167--7005.1876}
[Renumbered 7019.3010]
##### **Minn. R. 7005.1880** [Renumbered 7019.1000] {#sec-7005.1880 omnilex-key=us-mn-regs-official--agency-167--7005.1880}
[Renumbered 7019.1000]
##### **Minn. R. 7005.1900** [Renumbered 7011.0800] {#sec-7005.1900 omnilex-key=us-mn-regs-official--agency-167--7005.1900}
[Renumbered 7011.0800]
##### **Minn. R. 7005.1910** [Renumbered 7011.0805] {#sec-7005.1910 omnilex-key=us-mn-regs-official--agency-167--7005.1910}
[Renumbered 7011.0805]
##### **Minn. R. 7005.1920** [Renumbered 7011.0810] {#sec-7005.1920 omnilex-key=us-mn-regs-official--agency-167--7005.1920}
[Renumbered 7011.0810]
##### **Minn. R. 7005.1930** [Renumbered 7011.0815] {#sec-7005.1930 omnilex-key=us-mn-regs-official--agency-167--7005.1930}
[Renumbered 7011.0815]
##### **Minn. R. 7005.1940** [Renumbered 7011.0820] {#sec-7005.1940 omnilex-key=us-mn-regs-official--agency-167--7005.1940}
[Renumbered 7011.0820]
##### **Minn. R. 7005.1950** [Renumbered 7011.0825] {#sec-7005.1950 omnilex-key=us-mn-regs-official--agency-167--7005.1950}
[Renumbered 7011.0825]
##### **Minn. R. 7005.2000** [Renumbered 7011.0900] {#sec-7005.2000 omnilex-key=us-mn-regs-official--agency-167--7005.2000}
[Renumbered 7011.0900]
##### **Minn. R. 7005.2010** [Renumbered 7011.0905] {#sec-7005.2010 omnilex-key=us-mn-regs-official--agency-167--7005.2010}
[Renumbered 7011.0905]
##### **Minn. R. 7005.2020** [Renumbered 7011.0910] {#sec-7005.2020 omnilex-key=us-mn-regs-official--agency-167--7005.2020}
[Renumbered 7011.0910]
##### **Minn. R. 7005.2030** [Renumbered 7011.0915] {#sec-7005.2030 omnilex-key=us-mn-regs-official--agency-167--7005.2030}
[Renumbered 7011.0915]
##### **Minn. R. 7005.2040** [Renumbered 7011.0920] {#sec-7005.2040 omnilex-key=us-mn-regs-official--agency-167--7005.2040}
[Renumbered 7011.0920]
##### **Minn. R. 7005.2100** [Renumbered 7011.1400] {#sec-7005.2100 omnilex-key=us-mn-regs-official--agency-167--7005.2100}
[Renumbered 7011.1400]
##### **Minn. R. 7005.2110** [Renumbered 7011.1405] {#sec-7005.2110 omnilex-key=us-mn-regs-official--agency-167--7005.2110}
[Renumbered 7011.1405]
##### **Minn. R. 7005.2120** [Renumbered 7011.1410] {#sec-7005.2120 omnilex-key=us-mn-regs-official--agency-167--7005.2120}
[Renumbered 7011.1410]
##### **Minn. R. 7005.2130** [Renumbered 7011.1415] {#sec-7005.2130 omnilex-key=us-mn-regs-official--agency-167--7005.2130}
[Renumbered 7011.1415]
##### **Minn. R. 7005.2140** [Renumbered 7011.1420] {#sec-7005.2140 omnilex-key=us-mn-regs-official--agency-167--7005.2140}
[Renumbered 7011.1420]
##### **Minn. R. 7005.2150** [Renumbered 7011.1425] {#sec-7005.2150 omnilex-key=us-mn-regs-official--agency-167--7005.2150}
[Renumbered 7011.1425]
##### **Minn. R. 7005.2160** [Renumbered 7011.1430] {#sec-7005.2160 omnilex-key=us-mn-regs-official--agency-167--7005.2160}
[Renumbered 7011.1430]
##### **Minn. R. 7005.2200** [Renumbered 7011.1800] {#sec-7005.2200 omnilex-key=us-mn-regs-official--agency-167--7005.2200}
[Renumbered 7011.1800]
##### **Minn. R. 7005.2210** [Renumbered 7011.1805] {#sec-7005.2210 omnilex-key=us-mn-regs-official--agency-167--7005.2210}
[Renumbered 7011.1805]
##### **Minn. R. 7005.2220** [Renumbered 7011.1810] {#sec-7005.2220 omnilex-key=us-mn-regs-official--agency-167--7005.2220}
[Renumbered 7011.1810]
##### **Minn. R. 7005.2230** [Renumbered 7011.1815] {#sec-7005.2230 omnilex-key=us-mn-regs-official--agency-167--7005.2230}
[Renumbered 7011.1815]
##### **Minn. R. 7005.2250** [Renumbered 7011.1900] {#sec-7005.2250 omnilex-key=us-mn-regs-official--agency-167--7005.2250}
[Renumbered 7011.1900]
##### **Minn. R. 7005.2260** [Renumbered 7011.1905] {#sec-7005.2260 omnilex-key=us-mn-regs-official--agency-167--7005.2260}
[Renumbered 7011.1905]
##### **Minn. R. 7005.2270** [Renumbered 7011.1910] {#sec-7005.2270 omnilex-key=us-mn-regs-official--agency-167--7005.2270}
[Renumbered 7011.1910]
##### **Minn. R. 7005.2280** [Renumbered 7011.1915] {#sec-7005.2280 omnilex-key=us-mn-regs-official--agency-167--7005.2280}
[Renumbered 7011.1915]
##### **Minn. R. 7005.2300** [Renumbered 7011.2000] {#sec-7005.2300 omnilex-key=us-mn-regs-official--agency-167--7005.2300}
[Renumbered 7011.2000]
##### **Minn. R. 7005.2310** [Renumbered 7011.2005] {#sec-7005.2310 omnilex-key=us-mn-regs-official--agency-167--7005.2310}
[Renumbered 7011.2005]
##### **Minn. R. 7005.2320** [Renumbered 7011.2010] {#sec-7005.2320 omnilex-key=us-mn-regs-official--agency-167--7005.2320}
[Renumbered 7011.2010]
##### **Minn. R. 7005.2330** [Renumbered 7011.2015] {#sec-7005.2330 omnilex-key=us-mn-regs-official--agency-167--7005.2330}
[Renumbered 7011.2015]
##### **Minn. R. 7005.2350** [Renumbered 7011.1300] {#sec-7005.2350 omnilex-key=us-mn-regs-official--agency-167--7005.2350}
[Renumbered 7011.1300]
##### **Minn. R. 7005.2360** [Renumbered 7011.1305] {#sec-7005.2360 omnilex-key=us-mn-regs-official--agency-167--7005.2360}
[Renumbered 7011.1305]
##### **Minn. R. 7005.2370** [Renumbered 7011.1310] {#sec-7005.2370 omnilex-key=us-mn-regs-official--agency-167--7005.2370}
[Renumbered 7011.1310]
##### **Minn. R. 7005.2380** [Renumbered 7011.1315] {#sec-7005.2380 omnilex-key=us-mn-regs-official--agency-167--7005.2380}
[Renumbered 7011.1315]
##### **Minn. R. 7005.2390** [Renumbered 7011.1320] {#sec-7005.2390 omnilex-key=us-mn-regs-official--agency-167--7005.2390}
[Renumbered 7011.1320]
##### **Minn. R. 7005.2400** [Renumbered 7011.1325] {#sec-7005.2400 omnilex-key=us-mn-regs-official--agency-167--7005.2400}
[Renumbered 7011.1325]
##### **Minn. R. 7005.2450** [Repealed, 8 SR 1675] {#sec-7005.2450 omnilex-key=us-mn-regs-official--agency-167--7005.2450}
[Repealed, 8 SR 1675]
##### **Minn. R. 7005.2460** [Repealed, 8 SR 1675] {#sec-7005.2460 omnilex-key=us-mn-regs-official--agency-167--7005.2460}
[Repealed, 8 SR 1675]
##### **Minn. R. 7005.2470** [Repealed, 8 SR 1675] {#sec-7005.2470 omnilex-key=us-mn-regs-official--agency-167--7005.2470}
[Repealed, 8 SR 1675]
##### **Minn. R. 7005.2480** [Repealed, 8 SR 1675] {#sec-7005.2480 omnilex-key=us-mn-regs-official--agency-167--7005.2480}
[Repealed, 8 SR 1675]
##### **Minn. R. 7005.2490** [Repealed, 8 SR 1675] {#sec-7005.2490 omnilex-key=us-mn-regs-official--agency-167--7005.2490}
[Repealed, 8 SR 1675]
##### **Minn. R. 7005.2500** [Repealed, 8 SR 1675] {#sec-7005.2500 omnilex-key=us-mn-regs-official--agency-167--7005.2500}
[Repealed, 8 SR 1675]
##### **Minn. R. 7005.2510** [Repealed, 8 SR 1675] {#sec-7005.2510 omnilex-key=us-mn-regs-official--agency-167--7005.2510}
[Repealed, 8 SR 1675]
##### **Minn. R. 7005.2520** [Renumbered 7011.1000] {#sec-7005.2520 omnilex-key=us-mn-regs-official--agency-167--7005.2520}
[Renumbered 7011.1000]
##### **Minn. R. 7005.2521** [Renumbered 7011.1005] {#sec-7005.2521 omnilex-key=us-mn-regs-official--agency-167--7005.2521}
[Renumbered 7011.1005]
##### **Minn. R. 7005.2522** [Renumbered 7011.1010] {#sec-7005.2522 omnilex-key=us-mn-regs-official--agency-167--7005.2522}
[Renumbered 7011.1010]
##### **Minn. R. 7005.2523** [Renumbered 7011.1015] {#sec-7005.2523 omnilex-key=us-mn-regs-official--agency-167--7005.2523}
[Renumbered 7011.1015]
##### **Minn. R. 7005.2550** [Renumbered 7011.9941] {#sec-7005.2550 omnilex-key=us-mn-regs-official--agency-167--7005.2550}
[Renumbered 7011.9941]
##### **Minn. R. 7005.2560** [Renumbered 7011.9942] {#sec-7005.2560 omnilex-key=us-mn-regs-official--agency-167--7005.2560}
[Renumbered 7011.9942]
##### **Minn. R. 7005.2570** [Renumbered 7011.9943] {#sec-7005.2570 omnilex-key=us-mn-regs-official--agency-167--7005.2570}
[Renumbered 7011.9943]
##### **Minn. R. 7005.2580** [Renumbered 7011.9944] {#sec-7005.2580 omnilex-key=us-mn-regs-official--agency-167--7005.2580}
[Renumbered 7011.9944]
##### **Minn. R. 7005.2590** [Renumbered 7011.9945] {#sec-7005.2590 omnilex-key=us-mn-regs-official--agency-167--7005.2590}
[Renumbered 7011.9945]
##### **Minn. R. 7005.2650** [Renumbered 7011.9951] {#sec-7005.2650 omnilex-key=us-mn-regs-official--agency-167--7005.2650}
[Renumbered 7011.9951]
##### **Minn. R. 7005.2660** [Renumbered 7011.9952] {#sec-7005.2660 omnilex-key=us-mn-regs-official--agency-167--7005.2660}
[Renumbered 7011.9952]
##### **Minn. R. 7005.2670** [Renumbered 7011.9953] {#sec-7005.2670 omnilex-key=us-mn-regs-official--agency-167--7005.2670}
[Renumbered 7011.9953]
##### **Minn. R. 7005.2680** [Renumbered 7011.9954] {#sec-7005.2680 omnilex-key=us-mn-regs-official--agency-167--7005.2680}
[Renumbered 7011.9954]
##### **Minn. R. 7005.2690** [Renumbered 7011.9955] {#sec-7005.2690 omnilex-key=us-mn-regs-official--agency-167--7005.2690}
[Renumbered 7011.9955]
##### **Minn. R. 7005.2750** [Renumbered 7011.0600] {#sec-7005.2750 omnilex-key=us-mn-regs-official--agency-167--7005.2750}
[Renumbered 7011.0600]
##### **Minn. R. 7005.2760** [Renumbered 7011.0605] {#sec-7005.2760 omnilex-key=us-mn-regs-official--agency-167--7005.2760}
[Renumbered 7011.0605]
##### **Minn. R. 7005.2770** [Renumbered 7011.0610] {#sec-7005.2770 omnilex-key=us-mn-regs-official--agency-167--7005.2770}
[Renumbered 7011.0610]
##### **Minn. R. 7005.2780** [Renumbered 7011.0615] {#sec-7005.2780 omnilex-key=us-mn-regs-official--agency-167--7005.2780}
[Renumbered 7011.0615]
##### **Minn. R. 7005.2790** [Renumbered 7011.0620] {#sec-7005.2790 omnilex-key=us-mn-regs-official--agency-167--7005.2790}
[Renumbered 7011.0620]
##### **Minn. R. 7005.2850** [Renumbered 7011.1100] {#sec-7005.2850 omnilex-key=us-mn-regs-official--agency-167--7005.2850}
[Renumbered 7011.1100]
##### **Minn. R. 7005.2860** [Renumbered 7011.1105] {#sec-7005.2860 omnilex-key=us-mn-regs-official--agency-167--7005.2860}
[Renumbered 7011.1105]
##### **Minn. R. 7005.2870** [Renumbered 7011.1110] {#sec-7005.2870 omnilex-key=us-mn-regs-official--agency-167--7005.2870}
[Renumbered 7011.1110]
##### **Minn. R. 7005.2880** [Renumbered 7011.1115] {#sec-7005.2880 omnilex-key=us-mn-regs-official--agency-167--7005.2880}
[Renumbered 7011.1115]
##### **Minn. R. 7005.2890** [Renumbered 7011.1120] {#sec-7005.2890 omnilex-key=us-mn-regs-official--agency-167--7005.2890}
[Renumbered 7011.1120]
##### **Minn. R. 7005.2900** [Renumbered 7011.1125] {#sec-7005.2900 omnilex-key=us-mn-regs-official--agency-167--7005.2900}
[Renumbered 7011.1125]
##### **Minn. R. 7005.2910** [Renumbered 7011.1130] {#sec-7005.2910 omnilex-key=us-mn-regs-official--agency-167--7005.2910}
[Renumbered 7011.1130]
##### **Minn. R. 7005.2920** [Renumbered 7011.1135] {#sec-7005.2920 omnilex-key=us-mn-regs-official--agency-167--7005.2920}
[Renumbered 7011.1135]
##### **Minn. R. 7005.2930** [Renumbered 7011.1140] {#sec-7005.2930 omnilex-key=us-mn-regs-official--agency-167--7005.2930}
[Renumbered 7011.1140]
##### **Minn. R. 7005.2950** [Renumbered 7009.1000] {#sec-7005.2950 omnilex-key=us-mn-regs-official--agency-167--7005.2950}
[Renumbered 7009.1000]
##### **Minn. R. 7005.2960** [Renumbered 7009.1010] {#sec-7005.2960 omnilex-key=us-mn-regs-official--agency-167--7005.2960}
[Renumbered 7009.1010]
##### **Minn. R. 7005.2970** [Renumbered 7009.1020] {#sec-7005.2970 omnilex-key=us-mn-regs-official--agency-167--7005.2970}
[Renumbered 7009.1020]
##### **Minn. R. 7005.2980** [Renumbered 7009.1030] {#sec-7005.2980 omnilex-key=us-mn-regs-official--agency-167--7005.2980}
[Renumbered 7009.1030]
##### **Minn. R. 7005.2990** [Renumbered 7009.1040] {#sec-7005.2990 omnilex-key=us-mn-regs-official--agency-167--7005.2990}
[Renumbered 7009.1040]
##### **Minn. R. 7005.3000** [Renumbered 7009.1050] {#sec-7005.3000 omnilex-key=us-mn-regs-official--agency-167--7005.3000}
[Renumbered 7009.1050]
##### **Minn. R. 7005.3001** [Renumbered 7009.1060] {#sec-7005.3001 omnilex-key=us-mn-regs-official--agency-167--7005.3001}
[Renumbered 7009.1060]
##### **Minn. R. 7005.3002** [Renumbered 7009.1070] {#sec-7005.3002 omnilex-key=us-mn-regs-official--agency-167--7005.3002}
[Renumbered 7009.1070]
##### **Minn. R. 7005.3003** [Renumbered 7009.1080] {#sec-7005.3003 omnilex-key=us-mn-regs-official--agency-167--7005.3003}
[Renumbered 7009.1080]
##### **Minn. R. 7005.3004** [Renumbered 7009.1090] {#sec-7005.3004 omnilex-key=us-mn-regs-official--agency-167--7005.3004}
[Renumbered 7009.1090]
##### **Minn. R. 7005.3005** [Renumbered 7009.1100] {#sec-7005.3005 omnilex-key=us-mn-regs-official--agency-167--7005.3005}
[Renumbered 7009.1100]
##### **Minn. R. 7005.3006** [Renumbered 7009.1110] {#sec-7005.3006 omnilex-key=us-mn-regs-official--agency-167--7005.3006}
[Renumbered 7009.1110]
##### **Minn. R. 7005.3010** [Repealed, 17 SR 350] {#sec-7005.3010 omnilex-key=us-mn-regs-official--agency-167--7005.3010}
[Repealed, 17 SR 350]
##### **Minn. R. 7005.3020** [Renumbered 7007.4000] {#sec-7005.3020 omnilex-key=us-mn-regs-official--agency-167--7005.3020}
[Renumbered 7007.4000]
##### **Minn. R. 7005.3030** [Renumbered 7007.4010] {#sec-7005.3030 omnilex-key=us-mn-regs-official--agency-167--7005.3030}
[Renumbered 7007.4010]
##### **Minn. R. 7005.3040** [Renumbered 7007.4020] {#sec-7005.3040 omnilex-key=us-mn-regs-official--agency-167--7005.3040}
[Renumbered 7007.4020]
##### **Minn. R. 7005.3050** [Repealed, 17 SR 350] {#sec-7005.3050 omnilex-key=us-mn-regs-official--agency-167--7005.3050}
[Repealed, 17 SR 350]
##### **Minn. R. 7005.3060** [Renumbered 7007.4030] {#sec-7005.3060 omnilex-key=us-mn-regs-official--agency-167--7005.3060}
[Renumbered 7007.4030]
##### **Minn. R. 7005.4010** [Renumbered 7021.0010] {#sec-7005.4010 omnilex-key=us-mn-regs-official--agency-167--7005.4010}
[Renumbered 7021.0010]
##### **Minn. R. 7005.4020** [Renumbered 7021.0020] {#sec-7005.4020 omnilex-key=us-mn-regs-official--agency-167--7005.4020}
[Renumbered 7021.0020]
##### **Minn. R. 7005.4030** [Renumbered 7021.0030] {#sec-7005.4030 omnilex-key=us-mn-regs-official--agency-167--7005.4030}
[Renumbered 7021.0030]
##### **Minn. R. 7005.4040** [Renumbered 7021.0040] {#sec-7005.4040 omnilex-key=us-mn-regs-official--agency-167--7005.4040}
[Renumbered 7021.0040]
##### **Minn. R. 7005.4050** [Renumbered 7021.0050] {#sec-7005.4050 omnilex-key=us-mn-regs-official--agency-167--7005.4050}
[Renumbered 7021.0050]
##### **Minn. R. 7005.5010** [Renumbered 7023.1010] {#sec-7005.5010 omnilex-key=us-mn-regs-official--agency-167--7005.5010}
[Renumbered 7023.1010]
##### **Minn. R. 7005.5015** [Renumbered 7023.1015] {#sec-7005.5015 omnilex-key=us-mn-regs-official--agency-167--7005.5015}
[Renumbered 7023.1015]
##### **Minn. R. 7005.5020** [Renumbered 7023.1020] {#sec-7005.5020 omnilex-key=us-mn-regs-official--agency-167--7005.5020}
[Renumbered 7023.1020]
##### **Minn. R. 7005.5025** [Renumbered 7023.1025] {#sec-7005.5025 omnilex-key=us-mn-regs-official--agency-167--7005.5025}
[Renumbered 7023.1025]
##### **Minn. R. 7005.5030** [Renumbered 7023.1030] {#sec-7005.5030 omnilex-key=us-mn-regs-official--agency-167--7005.5030}
[Renumbered 7023.1030]
##### **Minn. R. 7005.5035** [Renumbered 7023.1035] {#sec-7005.5035 omnilex-key=us-mn-regs-official--agency-167--7005.5035}
[Renumbered 7023.1035]
##### **Minn. R. 7005.5040** [Renumbered 7023.1040] {#sec-7005.5040 omnilex-key=us-mn-regs-official--agency-167--7005.5040}
[Renumbered 7023.1040]
##### **Minn. R. 7005.5045** [Renumbered 7023.1045] {#sec-7005.5045 omnilex-key=us-mn-regs-official--agency-167--7005.5045}
[Renumbered 7023.1045]
##### **Minn. R. 7005.5050** [Renumbered 7023.1050] {#sec-7005.5050 omnilex-key=us-mn-regs-official--agency-167--7005.5050}
[Renumbered 7023.1050]
##### **Minn. R. 7005.5055** [Renumbered 7023.1055] {#sec-7005.5055 omnilex-key=us-mn-regs-official--agency-167--7005.5055}
[Renumbered 7023.1055]
##### **Minn. R. 7005.5060** [Renumbered 7023.1060] {#sec-7005.5060 omnilex-key=us-mn-regs-official--agency-167--7005.5060}
[Renumbered 7023.1060]
##### **Minn. R. 7005.5065** [Renumbered 7023.1065] {#sec-7005.5065 omnilex-key=us-mn-regs-official--agency-167--7005.5065}
[Renumbered 7023.1065]
##### **Minn. R. 7005.5070** [Renumbered 7023.1070] {#sec-7005.5070 omnilex-key=us-mn-regs-official--agency-167--7005.5070}
[Renumbered 7023.1070]
##### **Minn. R. 7005.5075** [Renumbered 7023.1075] {#sec-7005.5075 omnilex-key=us-mn-regs-official--agency-167--7005.5075}
[Renumbered 7023.1075]
##### **Minn. R. 7005.5080** [Renumbered 7023.1080] {#sec-7005.5080 omnilex-key=us-mn-regs-official--agency-167--7005.5080}
[Renumbered 7023.1080]
##### **Minn. R. 7005.5085** [Renumbered 7023.1085] {#sec-7005.5085 omnilex-key=us-mn-regs-official--agency-167--7005.5085}
[Renumbered 7023.1085]
##### **Minn. R. 7005.5090** [Renumbered 7023.1090] {#sec-7005.5090 omnilex-key=us-mn-regs-official--agency-167--7005.5090}
[Renumbered 7023.1090]
##### **Minn. R. 7005.5095** [Renumbered 7023.1095] {#sec-7005.5095 omnilex-key=us-mn-regs-official--agency-167--7005.5095}
[Renumbered 7023.1095]
##### **Minn. R. 7005.5100** [Renumbered 7023.1100] {#sec-7005.5100 omnilex-key=us-mn-regs-official--agency-167--7005.5100}
[Renumbered 7023.1100]
##### **Minn. R. 7005.5105** [Renumbered 7023.1105] {#sec-7005.5105 omnilex-key=us-mn-regs-official--agency-167--7005.5105}
[Renumbered 7023.1105]
##### **Minn. R. 7005.6010** [Renumbered 7025.0010] {#sec-7005.6010 omnilex-key=us-mn-regs-official--agency-167--7005.6010}
[Renumbered 7025.0010]
##### **Minn. R. 7005.6020** [Renumbered 7025.0020] {#sec-7005.6020 omnilex-key=us-mn-regs-official--agency-167--7005.6020}
[Renumbered 7025.0020]
##### **Minn. R. 7005.6030** [Renumbered 7025.0030] {#sec-7005.6030 omnilex-key=us-mn-regs-official--agency-167--7005.6030}
[Renumbered 7025.0030]
##### **Minn. R. 7005.6040** [Renumbered 7025.0040] {#sec-7005.6040 omnilex-key=us-mn-regs-official--agency-167--7005.6040}
[Renumbered 7025.0040]
##### **Minn. R. 7005.6050** [Renumbered 7025.0050] {#sec-7005.6050 omnilex-key=us-mn-regs-official--agency-167--7005.6050}
[Renumbered 7025.0050]
##### **Minn. R. 7005.6060** [Renumbered 7025.0060] {#sec-7005.6060 omnilex-key=us-mn-regs-official--agency-167--7005.6060}
[Renumbered 7025.0060]
##### **Minn. R. 7005.6070** [Renumbered 7025.0070] {#sec-7005.6070 omnilex-key=us-mn-regs-official--agency-167--7005.6070}
[Renumbered 7025.0070]
##### **Minn. R. 7005.6080** [Renumbered 7025.0080] {#sec-7005.6080 omnilex-key=us-mn-regs-official--agency-167--7005.6080}
[Renumbered 7025.0080]
## **Chapter 7007** PERMITS AND OFFSETS
##### **Minn. R. 7007.0050** Scope {#sec-7007.0050 omnilex-key=us-mn-regs-official--agency-167--7007.0050}
Parts 7007.0100 to 7007.1850 apply to the issuance of permits to construct, modify, reconstruct, or operate emissions units, emission facilities, or stationary sources that emit any air pollutant, and to the revocation, reissuance, or amendment of those permits. Parts 7007.0100 to 7007.1850 apply to permits issued to owners and operators of stationary sources requiring permits under federal law at Code of Federal Regulations, title 40, part 70, as amended (Operating Permit Program), or under part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements in Nonattainment Areas) of the act, or under section 112(g)(2)(B) of the act (hazardous air pollutants), and to stationary sources requiring permits solely under state law. Owners and operators of sources proposing construction or modifications subject to parts C and D of the act are subject to the permitting requirements of part 7007.3000, incorporating by reference the provisions of Code of Federal Regulations, title 40, section 52.21, or parts 7007.4000 to 7007.4040 in addition to parts 7007.0100 to 7007.1850. Owners and operators proposing construction or reconstruction of sources subject to section 112(g)(2)(B) of the act are subject to the requirements of part 7007.3010, incorporating by reference the provisions of Code of Federal Regulations, title 40, sections 63.40 to 63.44, in addition to parts 7007.0100 to 7007.1850.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059; 22 SR 2300; 37 SR 991*
##### **Minn. R. 7007.0100** Definitions {#sec-7007.0100 omnilex-key=us-mn-regs-official--agency-167--7007.0100}
**Subpart 1. Scope.**
A. Except as provided in item B, the definitions in this part and in parts 7000.0100 and 7005.0100 apply to this chapter unless the terms are otherwise defined in this part.
B. The definitions in this part do not apply to parts 7007.4000 to 7007.4030.
**Subp. 2. Act.**
"Act" means the Clean Air Act, as amended, United States Code, title 42, section 7401, et seq., as amended.
**Subp. 3.**
[Repealed, 46 SR 1209]
**Subp. 4. Affected source.**
"Affected source" means a source that includes one or more affected units.
**Subp. 5. Affected state.**
"Affected state" means any state:
A. whose air quality may be affected and that is contiguous to Minnesota; or
B. that is within 50 miles of the permitted source.
**Subp. 6. Affected unit.**
"Affected unit" means an emissions unit that is subject to any acid rain emissions reduction requirement or acid rain emissions limitation under Title IV of the act (Acid Deposition Control) and rules promulgated thereunder.
**Subp. 6a. Alternative operating scenario.**
"Alternative operating scenario" means a scenario authorized in a part 70 permit that involves a change at the part 70 source for a particular emissions unit and that either results in the unit being subject to one or more applicable requirements that differ from those applicable to the emissions unit prior to implementation of the change or renders inapplicable one or more requirements previously applicable to the emissions unit prior to implementation of the change.
**Subp. 6b. Approved replicable methodology.**
"Approved replicable methodology" means part 70 permit terms that:
A. specify a protocol that is consistent with and implements an applicable requirement, or requirement of this chapter, such that the protocol is based on sound scientific or mathematical principles and provides reproducible results using the same inputs; and
B. require the results of the protocol to be recorded and used for assuring compliance with the applicable requirement, any other applicable requirement implicated by implementation of the approved replicable methodology, or requirement of this chapter, including when an approved replicable methodology is used for determining applicability of a specific requirement to a particular change.
**Subp. 7. Applicable requirement.**
"Applicable requirement" means all the following as they apply to emissions units in a stationary source (including requirements that have been promulgated or approved by the EPA or the commissioner through rulemaking at the time of issuance but have future effective compliance dates):
A. any standard, or other requirement provided for in Minnesota's implementation plan approved or promulgated by the EPA under Title I of the act (Program and Activities), including any revisions to that plan promulgated in Code of Federal Regulations, title 40, part 52, as amended (Approval and Promulgation of Implementation Plans);
B. any preconstruction review requirement of regulations promulgated under Title I of the act, including part C (Prevention of Significant Deterioration of Air Quality), part D (Plan Requirements for Nonattainment Areas), or section 112(g)(2)(B) (construction or reconstruction of major source of hazardous air pollutants) and the emission facility offset rule in parts 7007.4000 to 7007.4030, and any term or condition of any preconstruction permit issued pursuant to those regulations or parts 7007.4000 to 7007.4030;
C. any standard or other requirement under section 111 (Standard of Performance for New Stationary Sources of the Act, including section 111(d)) (Standards of Performance for Existing Sources; Remaining Useful Life of a Source);
D. any standard or other requirement for hazardous air pollutants, or other requirement under section 112 of the act (Hazardous Air Pollutants), including any requirement concerning accident prevention under section 112(r)(7) of the act;
E. any standard or other requirement of the acid rain program under Title IV of the act, or the regulations promulgated under it;
F. any requirements established pursuant to section 504(b) (Permit Requirements and Conditions; Monitoring and Analysis) or section 114(a)(3) (Record keeping, Inspections, Monitoring, and Entry; Authority of Administrator or Authorized Representative) of the act;
G. any standard or other requirement governing solid waste incineration, under section 129 (Solid Waste Combustion) of the act;
H. any standard or other requirement for consumer and commercial products, under section 183(e) (Federal Ozone Measures; Control of Emissions from Certain Sources) of the act;
I. any standard or other requirement for tank vessels under section 183(f) (Federal Ozone Measures; Tank Vessel Standards) of the act;
J. any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the act (Stratospheric Ozone Protection), unless the administrator has determined that such requirements need not be contained in a part 70 permit;
K. any national ambient air quality standard adopted under section 109 of the act (National Primary and Secondary Air Quality Standards) or increment or visibility requirement under part C of Title I of the act (Prevention of Significant Deterioration of Air Quality), but only as it would apply to temporary sources permitted pursuant to section 504(e) of the act (Permit Requirements and Conditions; Temporary Sources);
L. any national ambient air quality standard adopted under section 109 of the act or increment or visibility requirement under part C of Title I of the act not addressed in item K;
M. any state ambient air quality standard under chapter 7009;
N. any requirement to pay an emissions fee under part 7002.0025;
O. any standard or other requirement of the air pollution episodes rule in parts 7009.1000 to 7009.1110;
P. any standard or other requirement pursuant to the Standards of Performance for Stationary Sources under chapter 7011;
Q. any standard or other requirement regulating a specific hazardous pollutant under chapter 7011;
R. any reporting, monitoring, and testing requirement for stationary sources under chapter 7017;
S. any requirement under the emissions inventory provisions of chapter 7019;
T. any standard or other requirement of the acid deposition control rule under chapter 7021;
U. any standard or other requirement related to noise pollution under chapter 7030;
V. any standard or other requirement established under section 169A (Visibility Protection for Federal Class I Areas) or 169B (Visibility) of the act including emission limits established in the determination of best available retrofit technology;
W. any standard or other requirement established under section 110(a)(2)(D)(i)(I) of the Clean Air Act that regulates interstate transport of pollutants; and
X. any standard or other requirement of Minnesota Statutes, section 116.385, the White Bear Area Neighborhood Concerned Citizens Group Ban TCE Act, banning the use of trichloroethylene (TCE) on or after June 1, 2022, and prohibiting the commissioner from issuing a permit after January 1, 2022, that authorizes the use of TCE.
**Subp. 7a. Block average.**
As used in air emission permits issued under this chapter, a "block average" is an average determined after the end of a specific time block, such as three hours, eight hours, or 24 hours, for that time block. The average is determined by summing all data points for the time period, and dividing the sum by the number of data points. For example, a daily-calculated, 24-hour block average is calculated by summing all one-hour data points from the previous 24-hour period, from midnight to midnight, and dividing the total by the number of data points. A new block average is recalculated for each discrete, nonoverlapping time block, unless specified otherwise in an applicable requirement or compliance document.
**Subp. 7b. Capped emission permit or capped permit.**
"Capped emission permit" or "capped permit" means a state permit issued under parts 7007.1140 to 7007.1148. All capped permit requirements are contained in rule. There are no site-specific permit requirements. The capped permit allows owners and operators of a stationary source to make changes provided emissions remain below thresholds and all other conditions in parts 7007.1140 to 7007.1148 are met. The permit is designed for certain noncomplex facilities for which site-specific conditions are not necessary.
**Subp. 7c. CO2 equivalent emissions or CO2e.**
"CO2 equivalent emissions" or "CO2e" has the meaning given under subpart 24a.
**Subp. 7d. Customary permit conditions.**
"Customary permit conditions" means the permit conditions related to amendments, deviation reporting, and calculation frequency that are included in a state permit with environmental management systems (EMS) provisions and are applicable if the owners and operators of a stationary source are establishing or have lost eligibility for the EMS provisions.
**Subp. 8. Designated representative.**
"Designated representative" means a responsible natural person authorized by the owners and operators of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with Code of Federal Regulations, part 72, subpart B, as amended (Acid Rain Program Permits Regulation), to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the acid rain program under Title IV of the act.
**Subp. 8a. Deviation.**
"Deviation" means any noncompliance with an applicable requirement or permit condition.
**Subp. 9. Draft permit.**
"Draft permit" means the version of the permit which the agency offers for public participation under part 7007.0850 and, in the case of a state permit, to the administrator for review in compliance with part 7007.0950.
**Subp. 9a. Emission point.**
"Emission point" means the stack, chimney, vent, or other functionally equivalent opening whereby emissions are exhausted to the atmosphere.
**Subp. 9b.**
[Repealed, 46 SR 1209]
**Subp. 9c.**
[Repealed, 46 SR 1209]
**Subp. 9d.**
[Repealed, 46 SR 1209]
**Subp. 9e.**
[Repealed, 46 SR 1209]
**Subp. 9f.**
[Repealed, 46 SR 1209]
**Subp. 10. Environmental Protection Agency or EPA.**
"Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.
**Subp. 11. Final permit.**
"Final permit" means the version of permit issued by the agency pursuant to the procedures in parts 7007.0100 to 7007.1850.
**Subp. 12. General permit.**
"General permit" means a permit issued pursuant to the requirements of part 7007.1100.
**Subp. 12a. Hazardous air pollutant or HAP.**
"Hazardous air pollutant" or "HAP" means any air pollutant listed in section 112(b) of the act.
**Subp. 12b. Listed control equipment.**
"Listed control equipment" has the meaning given in part 7011.0060, subpart 4.
**Subp. 12c. Major nonconformance.**
"Major nonconformance" means a failure to establish, implement, or maintain a numbered element of the ISO 14001 EMS standard that has the potential to cause a violation of regulatory, legal, or other environmental requirements. This definition applies to owners and operators of a stationary source applying for or holding a state permit that includes EMS provisions. A major nonconformance is identified by an EMS auditor.
**Subp. 13. Major source.**
"Major source" means a stationary source as defined in part 7007.0200, subpart 2.
**Subp. 14. Modification.**
"Modification" means:
A. any change that constitutes a Title I modification, as defined in subpart 26; or
B. any physical change or change in the method of operation of an emissions unit, emission facility, or stationary source that results in an increase in the emission of a regulated air pollutant. Emissions are considered to increase if there is an increase in the rate of emissions of any regulated air pollutant, or new emissions of a regulated air pollutant not previously emitted, from any unit at the source. To determine if there is an increase in the rate of emissions, the agency shall compare the pounds per hour of emissions at maximum capacity before and after the physical or operational change, using the method of calculation described in part 7007.1200. Subitems (1) to (5) are not, by themselves, considered modifications under this definition:
**Subp. 15. Part 70 permit.**
"Part 70 permit" means a permit issued under part 7007.0200 and Code of Federal Regulations, title 40, part 70, as amended (Operating Permit Program).
**Subp. 16. Part 70 permit program.**
"Part 70 permit program" means a program for issuance, amendment, and reissuance of part 70 permits in Minnesota approved by the administrator.
**Subp. 17. Permit.**
"Permit" means any permit issued under parts 7007.0100 to 7007.1850, including part 70 permits, state permits, registration permits, and general permits.
**Subp. 18. Proposed permit.**
"Proposed permit" means the version of a part 70 permit that the agency proposes to issue and forwards to the administrator for review in compliance with part 7007.0950.
**Subp. 18a. Registration permit.**
"Registration permit" means a permit issued under parts 7007.1110 to 7007.1130.
**Subp. 19. Regulated air pollutant.**
"Regulated air pollutant" means the following:
A. nitrogen oxides (NOx) or any volatile organic compound;
B. any pollutant for which a state or national ambient air quality standard has been promulgated;
C. any pollutant that is subject to any new source performance standard promulgated under section 111 of the act;
D. any class I or II substance listed pursuant to section 602 of the act (Stratospheric Ozone Protection; Listing of class I and class II Substances);
E. any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the act (Hazardous Air Pollutants), including sections 112(g)(2)(B) (construction or reconstruction of major source of hazardous air pollutants), 112(j) (Equivalent Emission Limitation by Permit), and 112(r) (Prevention of Accidental Releases), including the following:
F. greenhouse gases as defined in part 7005.0100, subpart 11d.
**Subp. 20. Reissuance.**
"Reissuance" means the process by which a permit is reissued at the end of its term.
**Subp. 21. Responsible official.**
"Responsible official" means one of the following:
A. For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
B. For a partnership or sole proprietorship: a general partner or the proprietor, respectively, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and the delegation of authority to a representative is approved in advance by the agency.
C. For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more facilities applying for or subject to a permit and the delegation of authority to a representative is approved in advance by the agency. For the purposes of this part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (for example, a regional administrator of EPA).
D. For affected sources:
**Subp. 21a. Rolling average.**
As used in air emission permits issued under this chapter, a "rolling average" is an average determined once each specified time frequency, such as daily or monthly, for a specific time period, such as 30 days, 12 months, or 365 days. The average is calculated by summing all data points for the time period and dividing the total by the number of data points. For example, a daily-calculated, 365-day rolling average is calculated once each day by summing all daily data points from the previous 365 days, and dividing by the number of data points. A new rolling average is recalculated for each time frequency, unless specified otherwise in an applicable requirement or compliance document.
**Subp. 21b. Rolling sum.**
As used in this chapter and in air emission permits issued under this chapter, a "rolling sum" is a sum determined once each specified time frequency, such as daily or monthly, for a specific time period, such as 30 days, 12 months, or 365 days. The sum is determined by adding all time-frequency data points determined at the specified frequency for the time period. For example, a 12-month rolling sum is calculated once each month by summing the monthly emission data from the previous 12 months. A new rolling sum is recalculated for each time frequency, unless specified differently in an applicable requirement or compliance document.
**Subp. 22. State.**
"State" means the state of Minnesota.
**Subp. 23. State permit.**
"State permit" means a permit issued under part 7007.0250.
**Subp. 24. Stationary source.**
"Stationary source" has the meaning given it in part 7005.0100, subpart 42c.
**Subp. 24a. Subject to regulation.**
"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act or a nationally applicable regulation codified by the administrator in Code of Federal Regulations, title 40, chapter I, subchapter C (Air Programs), that requires actual control of the quantity of emissions of that pollutant and the control requirement has taken effect and is operative to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated activity, except that greenhouse gases (GHGs) as defined under part 7005.0100, subpart 11d, are not subject to regulation unless, as of July 1, 2011, the GHGs emissions are at a stationary source emitting or having the potential to emit 100,000 tons per year (tpy) CO2 equivalent emissions. "CO2 equivalent emissions" or "CO2e" represent an amount of GHGs emitted and that are computed by multiplying the mass amount of emissions for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential under Table A-1 to subpart A of Code of Federal Regulations, title 40, part 98, Global Warming Potentials, as amended, and summing the resultant value for each to compute emissions as CO2e.
**Subp. 24b. Summary of EMS audit results.**
"Summary of EMS audit results" is a document signed by an EMS auditor, describing the date and scope of the audit, and conformance, minor nonconformance, or any major nonconformance found in the course of an EMS audit. For major nonconformance, the summary of EMS audit results summarizes the objective evidence found by the EMS auditor, describes corrective actions planned or completed by the owners and operators of the stationary source, and details follow-up audit activity planned or completed by the EMS auditor.
**Subp. 25. Title I condition.**
"Title I condition" means one of the following types of permit conditions based on requirements of Title I of the act:
A. any condition based on a requirement of a new source review program under part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment Areas) or a preconstruction review program under section 112(g)(2)(B) (construction or reconstruction of a major source of hazardous air pollutants) of the act and implementing state rules or federal regulations;
B. any condition based on a source-specific determination of ambient impacts imposed for the purpose of achieving or maintaining attainment with a national ambient air quality standard and which was part of a state implementation plan approved by the EPA or submitted to the EPA and pending approval under section 110 of the act;
C. any condition for which there is no corresponding underlying applicable requirement and that the owners and operators of the stationary source have assumed to avoid being subject to a new source review program under part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment Areas) or a preconstruction review program under section 112(g)(2)(B) of the act or implementing state rules or federal regulations; and
D. any condition which is part of a plan approved by the EPA or submitted to the EPA and pending approval under section 111(d) (Standards of Performance for New Stationary Sources) or section 129 (Solid Waste Combustion) of the act.
**Subp. 26. Title I modification.**
"Title I modification" means any change that constitutes any of the following:
A. Construction or reconstruction of a major hazardous air pollutant source as defined in Code of Federal Regulations, title 40, section 63.41, as amended, or any other rules adopted by the administrator under section 112(g)(2)(B) of the act.
B. A new source review modification: major modification as defined in Code of Federal Regulations, title 40, section 52.21(b)(2) or 51.165(a)(1)(v), as amended, or any other rules adopted by the administrator under part C or D of the act.
C. A new source review major stationary source: a modification at a stationary source that is not an existing major stationary source where the modification by itself would exceed major stationary source thresholds as defined in Code of Federal Regulations, title 40, section 52.21(b)(1)(i).
D. A new source performance standards modification: any modification as defined in Code of Federal Regulations, title 40, section 60.14, as amended, or any other rules adopted by the administrator under section 111 of the act.
E. A hazardous air pollutant modification: any modification as defined in Code of Federal Regulations, title 40, section 61.15, as amended, or any other rules adopted by the administrator under section 112 of the act.
F. Plantwide applicability limit (PAL) establishment, renewal, or increase: establishment, renewal, or increase in emissions of an actual PAL as defined in Code of Federal Regulations, title 40, section 51.165, paragraph (f), or 52.21, paragraph (aa), as amended, or in any other rules adopted by the administrator under part C or D of the act.
G. Any other change that constitutes a modification under any provision of Title I of the act.
**Subp. 27. Transition period or transition.**
"Transition period" or "transition" means the time period from October 18, 1993, until three years after EPA grants full program approval as determined in Code of Federal Regulations, title 40, section 70.4(e).
**Subp. 28.**
[Repealed, 23 SR 2224]
**Subp. 29. Written record.**
"Written record" means a record that is maintained in electronic or paper format.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 693; 22 SR 1237; 22 SR 2300; 23 SR 2224; 29 SR 626; 32 SR 904; 37 SR 991; 41 SR 763; 46 SR 1209*
##### **Minn. R. 7007.0150** Permit Required {#sec-7007.0150 omnilex-key=us-mn-regs-official--agency-167--7007.0150}
**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:
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:
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.
**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. Calculating 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).
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.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 27 SR 1579; 29 SR 626; 37 SR 991*
##### **Minn. R. 7007.0200** Sources Required or Allowed to Obtain Part 70 Permit {#sec-7007.0200 omnilex-key=us-mn-regs-official--agency-167--7007.0200}
**Subpart 1. Part 70 permit required.**
The owners and operators of any emission facilities, emission units, and stationary sources described in subparts 2 to 5 must obtain a part 70 permit from the agency. All provisions of parts 7007.0100 to 7007.1850 apply to part 70 permits unless the provision states that it applies only to state permits, registration permits, capped permits, or general permits. If the owners and operators of a stationary source are required to obtain a part 70 permit by subpart 2, item B or C, the owners and operators shall also separately determine under subpart 2, item A, if the stationary source is a major source subject to major source requirements under section 112 of the act.
**Subp. 2. Major sources.**
Any "major source," which means any stationary source that is described in item A, B, or C, must obtain a permit under this part.
A. A major source under section 112 of the act (Hazardous Air Pollutants), which is defined as:
B. A major stationary source of air pollutants, as defined in section 302 of the act (General Provisions; Definitions), that directly emits or has the potential to emit, 100 tons per year or more of any air pollutant (including any major source of fugitive emissions of any such pollutant, as determined by rule by the administrator) and, effective July 1, 2011, 100,000 tons per year CO2e of greenhouse gases. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the act, unless the stationary source belongs to one of the following categories of stationary sources:
C. A major stationary source as defined in part D of Title I of the act (Plan Requirements for Nonattainment Areas) including:
**Subp. 3. Affected sources.**
An affected source, as defined in part 7007.0100, subpart 4, must obtain a permit under this part.
**Subp. 4. Solid waste incinerators; waste combustors.**
A solid waste incineration unit, or waste combustor as defined in part 7011.1201, subpart 46, must obtain a permit under this part if it is:
A. a major source under subpart 2;
B. required to obtain a permit under section 129(e) of the act (Solid Waste Combustion, Permits); or
C. a new or existing waste combustor for which a performance standard has been promulgated under section 129(a)(1) of the act.
**Subp. 5. Other part 70 sources.**
Another stationary source which the administrator requires by rule to obtain a permit in compliance with Code of Federal Regulations, title 40, part 70, as amended (Operating Permit Program) must obtain a permit under this part. Stationary sources which the EPA administrator may require by rule to obtain a part 70 permit include those described in Code of Federal Regulations, title 40, section 70.3(b)(1), as amended.
**Subp. 6. Sources allowed to obtain part 70 permit.**
A stationary source not already required to obtain a part 70 permit under subparts 1 to 5 which is subject to a standard, limitation, or other requirement under section 111 or 112 of the act, including area sources, may choose to obtain a part 70 permit under subpart 2.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059; 18 SR 2584; 19 SR 1345; 20 SR 2316; 28 SR 1482; 29 SR 626; 37 SR 991*
##### **Minn. R. 7007.0250** Sources Required to Obtain State Permit {#sec-7007.0250 omnilex-key=us-mn-regs-official--agency-167--7007.0250}
**Subpart 1. State permit required.**
The owners and operators of stationary sources described in this part must obtain a state permit from the agency under this part. All provisions of parts 7007.0100 to 7007.1850 apply to state permits unless the provision states that it applies only to part 70 permits, general permits, capped permits, or registration permits.
**Subp. 2. NSPS/NESHAP state permits.**
Owners and operators of a stationary source must obtain a permit under this part if:
A. the stationary source contains an affected facility, as that term is defined in Code of Federal Regulations, title 40, section 60.2, as amended, that is subject to a standard under Code of Federal Regulations, title 40, part 60, as amended (Standards of Performance for New Stationary Sources); or
B. the stationary source is subject to a standard under Code of Federal Regulations, title 40, part 61, as amended (National Emission Standards for Hazardous Air Pollutants).
**Subp. 3. State permit required by SIP.**
Owners and operators of a stationary source must obtain a permit under this part if the agency notifies the owners and operators that such a permit is needed as part of a state implementation plan to be submitted to the EPA to demonstrate attainment with a national ambient air quality standard.
**Subp. 4. State permit required by PTE threshold.**
Owners and operators of a stationary source must obtain a permit under this part if the source has the potential to emit any pollutant listed below at a rate equal to or greater than the following amounts, in tons per year:
**Subp. 5. Part 70 permits.**
Part 7007.0250 does not apply to owners and operators of a stationary source that are required to or choose to obtain a part 70 permit under part 7007.0200. However, owners and operators of a stationary source that would otherwise be required to obtain a part 70 permit under part 7007.0200 may avoid that requirement by obtaining a state permit under this part which contains federally enforceable conditions to limit its emissions to levels below those that would trigger the requirement to obtain a part 70 permit.
**Subp. 6. Waste combustors.**
A. Owners and operators of a waste combustor, as defined in part 7011.1201, must obtain a permit under this part unless the waste combustor is subject to the exemptions in part 7011.1215, subpart 3.
B. Notwithstanding item A, owners and operators of a Class IV waste combustor that does not comply with the stack height requirements of part 7011.1235, subpart 1, but uses alternative techniques to achieve equivalent ambient pollution concentrations, must obtain a permit under this part. The permit obtained must not be a registration permit under parts 7007.1110 to 7007.1130.
**Subp. 7. Registration permits.**
Owners and operators of a stationary source that are required to obtain a state permit from the agency under this part, or that choose to obtain a state permit to limit the stationary source's emissions to levels below those that would trigger the requirement to obtain a part 70 permit, may elect to instead obtain a registration permit under parts 7007.1110 to 7007.1130, if the stationary source qualifies under those parts.
**Subp. 8. Capped permits.**
Owners and operators of a stationary source that are required to obtain a state permit from the agency under this part, or that choose to obtain a state permit to limit the stationary source's emissions to levels below those that would trigger the requirement to obtain a part 70 permit, may elect to instead obtain a capped permit under parts 7007.1140 to 7007.1148, if the stationary source qualifies under those parts.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 18 SR 2584; 19 SR 1345; 20 SR 2316; 29 SR 626; 37 SR 991; 41 SR 763; 46 SR 1209*
##### **Minn. R. 7007.0300** Sources Not Required to Obtain Permit {#sec-7007.0300 omnilex-key=us-mn-regs-official--agency-167--7007.0300}
**Subpart 1. No permit required.**
The owners and operators of the following stationary sources are not required to obtain a permit under parts 7007.0100 to 7007.1850:
A. any stationary source that is not described in part 7007.0200, subparts 2 to 5, or 7007.0250;
B. notwithstanding parts 7007.0200 and 7007.0250, any stationary source that would be covered by a permit solely because it is subject to one or more of the following new source performance standards:
C. notwithstanding parts 7007.0200 and 7007.0250, any stationary source that would be covered by a permit solely because it is subject to Code of Federal Regulations, title 40, part 61, subpart M, National Emission Standard for Hazardous Air Pollutants for Asbestos, section 61.145, Standard for Demolition and Renovation, or 61.154, Standard for Active Waste Disposal Sites (incorporated by reference at part 7011.9920);
D. a conditionally exempt stationary source under chapter 7008; and
E. notwithstanding parts 7007.0200 and 7007.0250, any stationary source that would be covered by a permit solely because it is subject to one or more new source performance standards under Code of Federal Regulations, title 40, part 60, and that is subject only to the notification and record-keeping provisions of the applicable standards.
**Subp. 2.**
[Repealed, 21 SR 165]
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 23 SR 2224; 27 SR 1579; 28 SR 1482; 32 SR 904; 37 SR 991; 41 SR 763; 43 SR 797; 44 SR 1030*
##### **Minn. R. 7007.0325** [Repealed, 41 SR 763] {#sec-7007.0325 omnilex-key=us-mn-regs-official--agency-167--7007.0325}
[Repealed, 41 SR 763]
##### **Minn. R. 7007.0350** Existing Source Application Deadlines and Source Operation During Transition {#sec-7007.0350 omnilex-key=us-mn-regs-official--agency-167--7007.0350}
**Subpart 1. Transition applications under this part; deadline based on SIC code.**
Initial permit applications under parts 7007.0100 to 7007.1850 for an emission unit, emission facility, or stationary source in operation on October 18, 1993, shall be considered timely if they meet the requirements of this part.
A. Owners and operators of an existing stationary source with a Standard Industrial Classification (SIC) Code number in the left column of the following table shall submit a permit application by the corresponding date in the right column:
B. If more than one SIC code describes activities at the stationary source, the SIC code that represents the primary type of activity of the stationary source shall be used. If no single SIC code represents the primary type of activity of the stationary source, the lowest SIC code that describes activities at the stationary source shall be used.
C. The owners and operators of a stationary source must comply with the applicable deadline in this part, even though the stationary source may be operating under a permit issued by the agency under parts 7001.1200 to 7001.1220 (the permit rules in effect before October 18, 1993), and the permit is not due to expire until after the applicable deadline in this part. If a stationary source is operating under a permit issued by the agency under parts 7001.1200 to 7001.1220, and the permit expires after October 18, 1993, but before the applicable deadline, the owners and operators need not reapply before expiration of the permit, but shall comply with the applicable deadline in this part.
**Subp. 2. Compliance with permit or applicable requirements during transition.**
A. If a stationary source is operating under an air emission permit issued by the agency under parts 7001.1200 to 7001.1220 which has not expired as of October 18, 1993, and if the permittee submits a timely and complete application for reissuance under subpart 1, that permit shall be considered not to expire until a new permit is issued under parts 7007.0100 to 7007.1850. The preceding sentence also applies to stationary sources which have been operating under an air emission permit which was continued under part 7001.0160. The permittee shall continue to operate the stationary source in compliance with the terms of the existing permit and all applicable requirements.
B. If an owner or operator of a stationary source has filed an application for a permit but not yet received it, the stationary source shall be operated in compliance with all applicable requirements until the permit is issued.
**Subp. 3. Application shield.**
A. If an owner or operator of an emissions unit, emission facility, or stationary source in operation on October 18, 1993, submits an application that is timely under this part and complete under part 7007.0600, the continued operation of the stationary source pending agency review of the permit application is not a violation of part 7007.0150, subpart 1.
B. If after the completeness determination made pursuant to part 7007.0700, the applicant fails to submit, by the deadline specified in writing by the agency, any additional information identified as being needed to process the application, the protection provided in item A does not apply.
**Subp. 4. Enforcement authority preserved.**
The agency reserves its authority to take enforcement action against any source that violated the permitting requirements of parts 7001.1200 to 7001.1220 prior to their repeal or that violates any permit issued under those parts, except as provided under subpart 1, item E. Nothing in parts 7007.0100 to 7007.1850 shall be read to limit the administrator's authority to enforce parts 7001.1200 to 7001.1220 prior to their repeal or permits issued under those parts.
**Subp. 5. Acid rain sources.**
Stationary sources subject to the requirement to obtain Phase II acid rain permits under Title IV of the act shall submit permit applications or amendments to permit applications to the agency by January 1, 1996, for sulfur dioxide, and January 1, 1998, for nitrogen dioxide.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 19 SR 1345; 19 SR 1666; 20 SR 2316; 37 SR 991; 41 SR 763*
##### **Minn. R. 7007.0400** Applications to Reissue Permit After Transition; New Source and Permit Amendment Applications; Total Facility Applications for Sources Newly Subject to Part 70 or State Permit Total Facility Requirement {#sec-7007.0400 omnilex-key=us-mn-regs-official--agency-167--7007.0400}
**Subpart 1. Requirement for application.**
Applications for reissued permits after the transition period shall be considered timely if they meet the requirements of subpart 2. Applications for permits for new stationary sources or amendments shall be considered timely if they meet the requirements of subpart 3. An application for a total facility permit from owners and operators of a stationary source that, because of a modification or change at the stationary source, become subject to the requirement to obtain a part 70 or state permit for the first time after the application deadline in part 7007.0350, subpart 1, and that were issued a permit for the installation and operation of the change or modification under part 7007.0750, subpart 5, shall be considered timely if it meets the requirements of subpart 4.
**Subp. 2. Reissuing permit after transition period.**
Stationary sources operating under permits issued by the agency under parts 7007.0100 to 7007.1850 must apply for permit reissuance at least 180 days before the expiration of the existing permit, unless the permit specifies that the application must be submitted sooner. The agency must require in a permit that a reissuance application be submitted sooner if the agency determines that an earlier application is needed to minimize the possibility of expiration before reissuance. The agency may make this determination if it anticipates a relatively lengthy permit review process due to the complexity of the stationary source or anticipated involvement of the public. In no event shall the permit require application for reissuance sooner than 18 months before the permit expires.
**Subp. 3. New permits and amendments to existing permits.**
Owners and operators seeking to obtain a new permit for a new stationary source or a permit amendment to an existing permit may submit the application at any time. It is recommended that the permit application for a new stationary source or an amendment be submitted at least 180 days before the planned date for beginning actual construction of the new stationary source or beginning actual construction of the modification of the existing stationary source, although the agency may take up to 18 months to take final action on the permit or major amendment under part 7007.0750, subpart 2. If the reason for the application for an amendment is the adoption of a new or amended federal applicable requirement, and the remaining life of the permit is three years or longer, the permittee shall file an application for an amendment within nine months of promulgation of the applicable requirement. The preceding sentence does not apply if the effective date of the requirement is later than the date on which the permit is due to expire.
**Subp. 4. Applications; newly subject to requirement to obtain part 70 or state total facility permit due to modification.**
If a modification at an existing, unpermitted stationary source would make the source subject for the first time to the requirement to obtain either a part 70 or state total facility permit after the application deadline in part 7007.0350, subpart 1, and the agency issues a permit authorizing installation or operation of the modification under part 7007.0750, subpart 5, the owners and operators shall submit an application for a total facility permit:
A. within 180 days after commencing operation of the modification that triggered the permit requirement, if the owners and operators are applying for a state, registration, or general permit; or
B. within 365 days after commencing operation of the modification that triggered the permit requirement, if the owners and operators are applying for a part 70 permit.
**Subp. 5. Applications; newly subject to requirement to obtain part 70 or state total facility permit due to new regulations.**
If a new regulation affecting a stationary source would make the source subject for the first time to the requirement to obtain a part 70 or state permit, the owners and operators shall submit an application for a total facility permit within 365 days of the effective date of the regulation.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059; 19 SR 1345; 23 SR 2224; 37 SR 991; 43 SR 797*
##### **Minn. R. 7007.0450** Applications to Reissue Permit; Continuation of Expiring Permits {#sec-7007.0450 omnilex-key=us-mn-regs-official--agency-167--7007.0450}
**Subpart 1. Reissuance applications.**
Permits being reissued are subject to the same procedural requirements that apply to initial permit application and issuance.
**Subp. 2. Title I conditions.**
Any Title I condition shall remain in effect without regard to permit expiration or reissuance, and shall be restated in the reissued permit.
**Subp. 3. Continuation of expiring permit.**
If the owner or operator of a stationary source has submitted a timely and complete application for reissuance of a permit, the permit shall not expire until the permit has been reissued or the reissuance has been denied, unless the agency determines that any of the following are true:
A. the permittee is not in substantial compliance with the terms and conditions of the expired permit or with a stipulation agreement or compliance schedule designed to bring the permittee in compliance with the permit;
B. the agency, as a result of an action or failure to act of the permittee, has been unable to take final action on the application on or before the expiration date of the permit; or
C. the permittee has submitted an application with major deficiencies or has failed to properly supplement the application in a timely manner after being informed of deficiencies.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059*
##### **Minn. R. 7007.0500** Content of Permit Application {#sec-7007.0500 omnilex-key=us-mn-regs-official--agency-167--7007.0500}
**Subpart 1. Application requirements.**
A. The applicant must submit an application on a standard application form provided by the agency. The agency may create different forms for different types of stationary sources. Regardless of whether the particular information is required by a form, an applicant must include all information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the emission fee amount required by chapter 7002.
B. Small business stationary sources, as defined in Minnesota Statutes, section 116.96, subdivision 6, may seek assistance in preparing permit applications under the small business air quality compliance assistance act in Minnesota Statutes, sections 116.95 to 116.99.
C. In addition to the requirements of this part, applicants for permits subject to a new source review program under part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment Areas) of the act shall also comply with the application requirements of part 7007.3000 or parts 7007.4000 to 7007.4030, respectively.
D. Applicants for permits subject to preconstruction requirements under section 112(g)(2)(B) (construction or reconstruction of major source of hazardous air pollutants) of the act shall also comply with the application requirements of part 7007.3010, incorporating by reference the provisions of Code of Federal Regulations, title 40, sections 63.40 to 63.44.
E. An applicant is not required to show that its emissions do not cause a violation of ambient air quality standards, unless the agency notifies the applicant that such information is required, or unless the source is required to make such a showing under the preconstruction review requirements of part 7007.3000 or parts 7007.4000 to 7007.4030.
F. This part describes the standard information that will be required in a permit application. It does not limit the agency's statutory authority for requiring information in addition to that which is specifically listed.
**Subp. 2. Required information.**
Applicants shall submit the following information as required by the standard application form:
A. Information identifying the stationary source and its owners and operators:
B. A description of the stationary source's processes and products (by Standard Industrial Classification Code or SIC Code) including any associated with each alternative operating scenario identified by the stationary source.
C. The following emissions-related information:
D. The following information regarding applicable requirements and test methods:
E. Other specific information that may be necessary to implement and enforce other applicable requirements or requirements of parts 7007.0100 to 7007.1850, or to determine the applicability of such requirements. The agency may request the applicant to provide such information in a supplemental submittal.
F. For part 70 permit applications only, an explanation of any proposed exemptions from otherwise applicable requirements.
G. The applicant may propose permit terms and conditions which would allow the permittee to trade emissions increases and decreases within the permitted facility. This trading option is available solely for purposes of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements, under conditions in part 7007.0800, subpart 10. The application shall include proposed replicable procedures and permit terms that ensure the emissions are quantifiable and enforceable.
H. The applicant may request the agency to allow in the permit alternative operating scenarios. If such a request is made, the application shall provide all the information required by this part for each proposed scenario. This option is only available under the conditions in part 7007.0800, subpart 11.
I. The applicant may request the agency to allow in the permit for the stationary source to operate at more than one location during the term of the permit. This option is available only under the conditions in part 7007.0800, subpart 12.
J. For state permit applications only, a description of the compliance status of the stationary source with respect to all applicable requirements and the requirements of parts 7007.0100 to 7007.1850, and a description of the methods used to determine compliance, including a description of monitoring, record-keeping, and test methods.
K. For part 70 permit applications only, a compliance plan that contains the following:
L. For part 70 permit applications only, a proposed schedule for submitting progress reports under part 7007.0800, subpart 6, item C. The proposed schedule shall provide for reporting at least every six months for any stationary source required to have a compliance schedule under this subpart, or any stationary source required by an applicable requirement to monitor every six months or more often.
M. For part 70 permit applications only, a proposed schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually. The schedule shall provide for more frequent compliance certifications if required by an applicable requirement.
N. If subject to the following laws, a statement of whether the stationary source has:
**Subp. 3. Application certification.**
A responsible official, as defined in part 7007.0100, subpart 21, must sign and certify any application, report, or compliance certification submitted pursuant to parts 7007.0100 to 7007.1850 or notice submitted pursuant to part 7007.0800, subpart 10, item B; 7007.1110, subpart 10, 11, or 15a; 7007.1150, item C; 7007.1250, subpart 4; or 7007.1350, subpart 2, with regard to truth, accuracy, and completeness. This certification and any other certification required by parts 7007.0100 to 7007.1850 must state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. This subpart must be complied with by both the owner and the operator of the stationary source if they are not the same.
**Subp. 4. Title IV source application.**
Affected sources shall use nationally standardized forms for acid rain portions of permit applications and compliance plans, as required by Code of Federal Regulations, title 40, part 72, as amended. The compliance plan content requirements of subpart 2 shall apply to the acid rain portion of the affected source's permit application, except as specifically superseded by Code of Federal Regulations, title 40, part 72, as amended.
**Subp. 5. Environmental review.**
The applicant shall state in the application whether an environmental assessment worksheet or an environmental impact statement is required for the activity for which the permit is sought under Minnesota Statutes, chapter 116D, or implementing regulations, or under United States Code, title 42, sections 4331 et seq., as amended.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 22 SR 2300; 27 SR 1579; 37 SR 991; 41 SR 763; 46 SR 1209*
##### **Minn. R. 7007.0501** Additional Contents Required in Permit Application for Waste Combustor {#sec-7007.0501 omnilex-key=us-mn-regs-official--agency-167--7007.0501}
**Subpart 1. Additional requirements.**
In addition to the information required by part 7007.0500, a person who requests an air emission permit for a waste combustor subject to parts 7011.1201 to 7011.1285 shall submit to the commissioner the information required by subparts 2 to 7.
**Subp. 2. Information required.**
The application must contain information describing the solid wastes to be combusted, the combustion system, and the method of operating the combustion system and must include the information in items A to E. The documents referred to in this subpart are incorporated by reference in part 7011.1205.
A. A current solid waste composition study, consisting of the results of an analysis of the solid wastes or mixtures of solid wastes to be combusted, which uses the sampling methods prescribed in "Test Methods for Evaluating Solid Waste," SW-846, or any other sampling method approved in writing by the commissioner. The commissioner shall approve a sampling method where the commissioner determines that the precision and accuracy of the method are equivalent to that of the method set forth in "Test Methods for Evaluating Solid Waste," SW-846. The study shall include all of the analyses in subitems (1) to (4).
B. A detailed engineering description of each waste combustor unit, including:
C. A description of the site, including storage space for solid waste, noncombustible materials, chemicals, recyclables, the solid wastes not allowed to be combusted by part 7011.1220, and ash.
D. A description of the ash handling facilities, including on-site storage, and transport within the boundaries of the stationary source or emission facility.
E. If the unit load is measured using a method other than steam flow as allowed by part 7011.1260, subpart 3, item A, subitem (2), a description of the alternative method that meets part 7011.1265, subpart 4a.
**Subp. 3. Performance test data.**
In applications for permit reissuance, the permit application shall contain summary performance test data collected under the requirements of part 7011.1270 which represent the current operating practices of the waste combustor.
**Subp. 4. Industrial solid waste management plan.**
The application shall contain an industrial waste management plan in accordance with part 7011.1250.
**Subp. 5. Solid wastes containing mercury.**
The application for Class C, D, III, and IV waste combustors shall contain a plan to separate solid wastes which contain mercury in accordance with part 7011.1255.
**Subp. 6. Reducing level of toxic contaminants in ash.**
An application for waste combustors which will combust mixed municipal solid waste or refuse-derived fuel must contain the information described in items A and B.
A. The application shall describe the specific functions to be performed, activities to be undertaken, and the timing of these functions and activities to the maximum extent feasible and prudent, in order to:
B. An applicant seeking reissuance of a permit to combust mixed municipal solid waste or refuse-derived fuel must provide, for each of the previous five years, the amount of waste combusted, the amount of flue gas conditioning chemicals used, and the amount of ash disposed. The ratio of ash generated less flue gas conditioning agents to waste combusted shall be computed for each of the previous five years. The application shall also include data on the constituents of the waste combustor's ash and how to further reduce the level of toxic contaminants in the ash.
**Subp. 7. Ash management plan.**
The application shall include the applicant's plan for disposal of the ash generated by the waste combustor, treatment of water generated from quenching the ash at the facility, and any plans which the applicant has for ash utilization. The plans shall include the sites and processes for management and final disposal of the ash, and shall identify any permits the waste combustor owner needs to use each site or process, including permits for leachate treatment.
**Subp. 8. Class IV stack height.**
Class IV applications shall include the applicant's design for installation and operation of equipment to achieve ambient pollutant concentrations that would have been achieved with the use of the minimum stack height required in part 7011.1235, subpart 1.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975*
##### **Minn. R. 7007.0502** Mercury Emissions; Reduction Plans {#sec-7007.0502 omnilex-key=us-mn-regs-official--agency-167--7007.0502}
**Subpart 1. Statewide goal for mercury air emissions.**
The statewide mercury air emissions goal of 789 pounds per year from Minnesota sources, is to be achieved by December 31, 2025, as described in the agency's total maximum daily load study approved by the United States Environmental Protection Agency on March 27, 2007.
**Subp. 2. Applicability.**
The owners or operators of an existing mercury emission source must comply with this part. For the purposes of this part, "existing mercury emission source" means that the owners or operators have been issued an air emission permit by the agency as of September 29, 2014. For initial applicability, owners or operators must calculate emissions following methods in part 7019.3030 for the calendar year 2014. If, after 2014, the actual mercury emissions from the existing mercury emission source are below the threshold of three pounds per year or more for three consecutive years, then the stationary source is no longer considered a mercury emission source and is not subject to this part. The owner or operator must:
A. retain records of the actual mercury emissions for the qualifying three years on site for five years from the date the determination was made;
B. make the records available for inspection and submit the records, within specified timelines, upon request of the commissioner; and
C. immediately resume compliance with applicable requirements for mercury emission sources if a physical or operational change causes the stationary source to again become a mercury emission source. Owners or operators must resubmit a mercury emissions reduction plan under subpart 3 within 12 months of again becoming a mercury emission source.
**Subp. 3. Mercury emissions; reduction plan.**
Owners or operators of an existing mercury emission source must prepare a mercury emissions reduction plan as described in this part unless the mercury emission source is:
A. a mercury emission source subject to Minnesota Statutes, sections 216B.68 to 216B.688;
B. a mercury emission source that is a stationary source that has only combustion devices and the combustion emissions of the source are from only natural gas, liquid propane gas, propane, or oil fuels;
C. a mercury emission source subject to a performance standard for mercury in part 7011.0561 for electric generating units; parts 7011.1201 to 7011.1285 and 7011.1350 to 7011.1370 for waste combustors or incinerators; and part 7011.7050 or 7011.7055 for boilers, except that units subject to part 7011.7050 or 7011.7055 must also comply with subpart 6, item C, subitem (2);
D. a mercury emission source that:
E. a mercury emission source that has an emissions limit or enforceable schedule of mercury reductions when the emissions limit or reductions are equal to or greater than those required in subpart 6. The emissions limit or enforceable schedule of mercury reductions may be in an air emission permit or an enforceable agreement that is in effect with the commissioner.
**Subp. 4. Reduction plan; submittal deadlines.**
A. The owners or operators of an existing mercury emission source that does not meet an exception under subpart 3 must prepare and submit a mercury emissions reduction plan to the commissioner no later than June 30, 2015, for approval and inclusion in a permit or other enforceable document, or as provided under item B.
B. The owners or operators of an existing mercury emission source that is a ferrous mining or processing facility must submit a mercury emissions reduction plan by December 30, 2018, for approval and inclusion in a permit or other enforceable document.
**Subp. 5. Reduction plan elements and format.**
A. The owners or operators of an existing mercury emission source must submit a mercury emissions reduction plan that complies with this item:
B. The commissioner shall identify plan deficiencies and notify the owners or operators of the deficiencies.
**Subp. 6. Mercury control and work practices.**
Unless the requirements of subpart 3 are met, the owners or operators of an existing mercury emission source that is in a source category listed in this subpart and required to submit a plan under subpart 4 must include in the plan the minimum mercury control requirements for source categories listed in this subpart.
A. For ferrous mining or processing:
B. For iron and steel melters, the plan must demonstrate that, by June 30, 2018, mercury emissions from the iron or steel melter shall not exceed 77 x 10-6 pounds of mercury per ton (35 milligrams per ton) of iron or steel produced. For purposes of this item:
C. For the purposes of this item, "boiler," "industrial boiler," "commercial boiler," and "institutional boiler" have the meanings given under Code of Federal Regulations, title 40, section 63.7575 or 63.11237, except that a waste heat boiler, process heater, electric generating unit as defined under part 7011.0561, subpart 2, and autoclave are excluded from the definition of boiler under this item. For industrial, commercial, and institutional (ICI) coal-fired boilers, the plan must demonstrate mercury emissions reductions of 70 percent from emissions calculated for initial applicability at each ICI coal-fired boiler with actual mercury emissions of five pounds per year or more. Initial applicability is calculated using the method described in subpart 2.
D. For mercury emission sources with processes that individually emit three or more pounds of mercury per year and that are not otherwise identified in items A to C, owners or operators must submit a plan to the commissioner that shows that air pollution control equipment, work practices, or the use of alternative fuels or raw materials has been optimized such that the actual, annual amount of mercury emitted is reduced by 70 percent or greater from the input of mercury to the process or processes emitting mercury.
**Subp. 7. Posting plans.**
The commissioner shall electronically post the mercury emissions reduction plans submitted by the owners or operators of an existing mercury emission source on the agency's Internet site. A person may request to receive notification from the commissioner of plans received.
**Subp. 8. Implementing reduction plan.**
The owner or operator must implement the mercury emissions reduction plan as approved by the commissioner. The owners or operators must submit annual progress reports to the commissioner by April 1 of each year starting with the year following plan approval until one full year after achievement of the reduction as described in the plan. The report must provide the status of facility modifications and actions taken in the preceding 12 months on each of the plan elements in subpart 5.
**Subp. 9. Modifying plans.**
A. The owners or operators of an existing mercury emission source may request modification of the approved mercury emissions reduction plan or enforceable agreement by submitting a written request to the commissioner. The request must include:
B. The owners or operators may not implement any proposed plan modifications until the commissioner approves the modification, issues an amended permit, or revises an enforceable agreement, as applicable.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 39 SR 386; 41 SR 763*
##### **Minn. R. 7007.0550** Confidential Information {#sec-7007.0550 omnilex-key=us-mn-regs-official--agency-167--7007.0550}
A person may request the agency to treat information submitted under parts 7007.0100 to 7007.1850 as confidential by following the procedures established by part 7000.1300. Where the agency is required to submit information to the EPA, the confidentiality of that information will be governed by Code of Federal Regulations, title 40, part 2, as amended.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059*
##### **Minn. R. 7007.0600** Complete Application and Supplemental Information Requirements {#sec-7007.0600 omnilex-key=us-mn-regs-official--agency-167--7007.0600}
**Subpart 1. Complete application.**
To be deemed complete, an application must provide all information required by part 7007.0500, except that an application for a permit amendment under parts 7007.1400, 7007.1450, and 7007.1500 need supply only information that is related to the proposed amendment. Information required under part 7007.0500 must be sufficient to evaluate the subject stationary source and its application and to determine all applicable requirements. The application shall also contain a certification from a responsible official consistent with part 7007.0500, subpart 3.
**Subp. 2. Duty to supplement or correct application.**
Any applicant who fails to submit any relevant facts or who has submitted incorrect information in an application for a permit or permit amendment shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant must provide additional information as necessary to address any requirements that become applicable to the stationary source after the date it filed a complete application but prior to release of a draft permit.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 41 SR 763*
##### **Minn. R. 7007.0650** Application Submittal {#sec-7007.0650 omnilex-key=us-mn-regs-official--agency-167--7007.0650}
**Subpart 1. Who receives application.**
Permit applicants shall submit two printed copies of the complete application and all supplemental information requested by the commissioner to the address specified by the commissioner. Upon request of the commissioner, the applicant shall submit additional copies of the application directly to the administrator, affected states, and other governmental entities with the legal right to review the application, or submit additional copies to the agency to be forwarded to these parties.
**Subp. 2. Electronic application submittal.**
Applicants may submit applications and supplemental information in an electronic format specified by the commissioner. If the information is submitted in an electronic format:
A. the applicant must submit a printed copy of the complete application and supplemental information if requested by the commissioner; and
B. the application certification required by part 7007.0500, subpart 3, must either:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 41 SR 763*
##### **Minn. R. 7007.0700** Completeness Review {#sec-7007.0700 omnilex-key=us-mn-regs-official--agency-167--7007.0700}
A. Within one week of receipt of an application, the agency shall notify the applicant in writing that it has received the application.
B. Within 60 days of receipt of an application, the agency shall notify the applicant in writing of whether the application is complete. If the agency fails to make the completeness determination required above within the 60-day period, the application shall be deemed complete. A completeness determination under this subpart triggers timelines for permit issuance under part 7007.0750, retroactive to the date the complete application was received by the agency, but does not limit the agency's ability to request additional information.
C. If an application is incomplete, the agency shall identify the incomplete portions of the application and outline the actions needed to complete the application.
D. If, during processing of a permit application that has been deemed complete, a minor permit amendment application, or an administrative amendment application, the agency determines that additional information is necessary to evaluate or take final action on that application, it may request such information in writing, and, after consultation with the applicant, set a deadline for a response. In the request for additional information, the agency shall briefly explain why the additional information is needed. If an applicant fails to respond to requests for additional information within the time period requested, the application shall be deemed incomplete. Applicants who have already made a change or begun actual construction of a modification at a permitted facility under part 7007.1450, shall provide the additional information within the time period specified by the agency.
E. Items A and B do not apply to applications for minor amendments or administrative amendments.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 23 SR 2224; 41 SR 763*
##### **Minn. R. 7007.0750** Application Priority and Issuance Timelines {#sec-7007.0750 omnilex-key=us-mn-regs-official--agency-167--7007.0750}
**Subpart 1. Prioritizing applications.**
In deciding which permit applications to act on, the agency shall give priority to applications for construction or modification of a stationary source.
**Subp. 2. Application processing and issuance deadlines.**
A. Within 12 months of receiving a complete application for a permit to construct a new stationary source or for a major permit amendment to construct a modification, the agency shall have completed the public notice process and comment period required by part 7007.0850, unless the agency has denied the application. The agency shall take final action on the application within 60 days of the end of the public comment period if:
B. Within six months of receiving a complete application for a moderate amendment to construct a modification for which the agency has decided to provide public notice under part 7007.0850, subpart 2, the agency shall have completed the public notice process and comment period, unless the agency has denied the application. The agency shall take final action on the permit within 60 days of the end of the public comment period if:
C. The agency shall take final action on applications for permits or permit amendments not governed by items A and B within the period specified in this item. The agency shall take final action on such an application for a permit, permit reissuance, or major permit amendment within 18 months of receiving a complete application. The agency shall take final action on such an application for a minor permit amendment within 90 days of receiving a complete application or for a moderate permit amendment within six months of receiving a complete application, but not before the end of the administrator's 45-day review period in the case of part 70 permits. The agency shall take final action on an application for an administrative amendment within 60 days of receiving the complete application.
D. If the applicant is required to submit additional information under part 7007.0700, item D, and if the applicant takes more than 30 days to provide the information, the agency may extend a deadline under item A, B, or C by the amount of time it takes to provide the information. The agency may also extend the deadlines under items A, B, and C upon written request of the applicant.
E. Deadlines for agency action under this part may be extended as described in this item for permitting actions subject to environmental review under Minnesota Statutes, chapter 116D, and implementing regulations. If the prohibition on final governmental decisions under part 4410.3100 is in effect at any time 90 days prior to the deadline or later, the agency shall extend the deadline until 90 days after the prohibition ends.
F. The deadlines in this subpart do not apply to the extent they deviate from the requirements of federal regulations at Code of Federal Regulations, title 40, section 72.73, as amended (Acid Rain Permits Regulation).
**Subp. 3. Final action.**
For purposes of this part and triggering judicial review, final agency action on a request or an application includes issuing the permit or amendment, denying the request or application, issuing a revised permit or amendment, or failing to take any of these actions by the deadline applicable under this part. However, the previous sentence shall not prevent the agency from issuing a permit or amendment or denying a request or application after a deadline has passed. If the agency denies the request or application it shall explain why. If the agency revises a proposed permit or amendment which has been subject to EPA review, it shall resubmit the amendment to the administrator.
**Subp. 4. Transition period.**
The timelines in subpart 2, item C, do not apply to applications received prior to the date three years after EPA grants full program approval.
**Subp. 5. Modification (installation and operation) permits for stationary sources not previously required to obtain part 70 or state total facility permit.**
The agency may issue permits authorizing a modification or change to a stationary source (an installation and operation permit) prior to issuance of an operating permit covering the entire stationary source (a total facility permit) if the agency finds:
A. the owners and operators have filed a complete application for the proposed modification or change;
B. the modification will subject the owners and operators of the stationary source to the requirement to obtain a permit for the first time;
C. the delay resulting from issuing the installation and operation permit and the total facility permit at the same time would cause undue economic hardship on the owners and operators of the stationary source; and
D. the agency has sufficient information about the entire stationary source to be able to comply with the requirements of part 7007.1000. The requirements of parts 7007.0100 to 7007.1850 that apply to modifications to a stationary source with a total facility permit shall also apply to modifications authorized under this part. The owner or operator of a stationary source that obtains an installation and operation permit for a modification under item A, shall lose the right to operate the stationary source if the owners and operators fail to submit an application for a total facility permit in the time required by part 7007.0400, subpart 4, and shall be considered to be in violation of part 7007.0150, subpart 1.
**Subp. 6.**
[Repealed, 22 SR 1237]
**Subp. 7. Two-stage issuance of permits and permit amendments authorizing construction or modification.**
A. If a permit or permit amendment:
B. The agency shall issue the remaining permit conditions (those not issued under item A) after the EPA's 45-day review period described in part 7007.0950, and in compliance with all other applicable provisions of parts 7007.0100 to 7007.1850. If there is no change to the remaining permit conditions, the agency shall issue the remaining permit conditions by means of notifying the permittee in writing that the remaining permit conditions of the permit previously sent under item A shall be considered issued.
C. The permittee may begin actual construction and operation of a stationary source or modification upon issuance of the conditions under item A to the extent authorized by those conditions.
**Subp. 8. Two-stage issuance of permits subject to section 112(g)(2)(B) requirements.**
A. If a permit or permit amendment is subject to the requirements of section 112(g)(2)(B) of the act, the agency shall send the permit to the permittee after all requirements of the section 112(g)(2)(B) program have been satisfied. The agency shall at the same time notify the permittee in writing that those permit conditions required by the section 112(g)(2)(B) program and designated as such by the agency in the permit or amendment, and only those conditions, shall be considered issued.
B. The agency shall issue the remaining permit conditions (those not issued under item A) after the Environmental Protection Agency's 45-day review period described in part 7007.0950, and in compliance with all other applicable provisions of parts 7007.0100 to 7007.1850. If there is no change to the remaining permit conditions, the agency shall issue the remaining permit conditions by means of notifying the permittee in writing that the remaining permit conditions of the permit previously sent under item A shall be considered issued.
C. The permittee may begin actual construction and operation of a stationary source or modification upon issuance of the conditions under item A to the extent authorized by those conditions.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 19 SR 1345; 22 SR 1237; 22 SR 2300; 23 SR 2224; 37 SR 991; 41 SR 763*
##### **Minn. R. 7007.0800** Permit Content {#sec-7007.0800 omnilex-key=us-mn-regs-official--agency-167--7007.0800}
**Subpart 1. Scope.**
The commissioner must include the permit conditions specified in this part in all permits, except where the requirement states that it applies only to part 70 permits or only to state permits. The permit must specify and reference the origin of and the authority for each term or condition and identify any difference in form from the requirement giving rise to the condition. Nothing in this part limits the commissioner's authority to put additional or more-stringent terms in a permit, to conduct inspections, or to request information.
**Subp. 2. Emission limitations and standards.**
The permit must:
A. include emissions limitations, operational requirements, and other provisions needed to ensure compliance with all applicable requirements at the time of permit issuance. For part 70 permits, the requirements and limitations must include approved replicable methodologies identified by the source in its permit application if approved by the commissioner, provided that no approved replicable methodologies shall contravene any terms needed to comply with any applicable requirement or requirement of this part or circumvent any applicable requirement that would apply as a result of implementing the approved replicable method;
B. include any condition the commissioner determines to be necessary to protect human health and the environment;
C. state that, where another applicable requirement of the act is more stringent than any applicable requirement of regulations adopted under Title IV of the act (Acid Deposition Control), both provisions are incorporated into the permit and are enforceable by the administrator; and
D. contain provisions to ensure continuous compliance with applicable emissions limitations during periods of start-up and shutdown of an emissions unit.
**Subp. 3. Emissions units covered by permit.**
The permit must cover any emissions unit within the stationary source for which there is an applicable requirement, and any unit that the commissioner believes should be covered to protect human health and the environment. However, if a stationary source is not a major source and the sole reason it is required to have a permit is because it is subject to federal standards described under part 7007.0250, subpart 2, then the permit must only cover emissions units regulated by those federal standards. The permit must include applicable requirements for fugitive emissions in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source in part 7007.0200, subpart 2.
**Subp. 4. Monitoring.**
The commissioner must include the monitoring requirements in this subpart in all permits.
A. The permit must require the permittee to comply with all emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods adopted under section 114(a)(3) or 504(b) of the act.
B. For part 70 permits, where the applicable requirements do not require periodic testing or instrumental or noninstrumental monitoring (which may consist of record keeping designed to serve as monitoring), the permit must require the permittee to conduct periodic monitoring sufficient to determine whether the stationary source is in compliance with applicable requirements. The monitoring requirements must be designed to yield reliable data from the relevant period that are representative of the stationary source's operation and must require the permittee to use terms, test methods, units, averaging periods, and other statistical conventions that are consistent with the emissions limitations and standards contained in the permit and with other applicable requirements. Record-keeping provisions may be sufficient to meet the requirements of this item.
C. For state permits, where periodic testing or instrumental or noninstrumental monitoring (which may consist of record keeping designed to serve as monitoring) is not required by item A, the permit must include monitoring requirements sufficient to determine whether a stationary source is in compliance with applicable requirements, if the commissioner finds that the monitoring is warranted by:
D. As necessary, the permit must require the permittee to install, use, and maintain monitoring equipment or use monitoring methods.
**Subp. 5. Record keeping.**
The permit must incorporate all applicable requirements related to record keeping and require the permittee to maintain adequate records, including at least the following:
A. a requirement that the permittee maintain written records adequate to document compliance at the stationary source, including at a minimum:
B. a requirement that the permittee maintain written records describing any modification made at the stationary source under parts 7007.1250 and 7007.1350, as required by those provisions, but not otherwise regulated under the permit, and the emissions resulting from those modifications;
C. a requirement that the permittee retain written records of all monitoring data and support information for five years, or longer as specified by the commissioner, from the date of the monitoring sample, measurement, or report. Support information includes all calibration and maintenance records, all original recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. Records must be kept at the stationary source unless the permit allows otherwise; and
D. a requirement that the permittee retain copies of deviation reports required by subpart 6 for five years, or longer if requested by the commissioner, from the date the report is submitted to the commissioner.
**Subp. 6. Reporting.**
A. The permit must require the permittee to submit to the commissioner the reports described in this subpart. The permit must require that all reports be certified by a responsible official, consistent with part 7007.0500, subpart 3.
B. Deviation reporting time frames are described in subitems (1) and (2).
C. All part 70 permits must require the permittee to submit progress reports at least every six months for any stationary source required to have a compliance schedule under part 7007.0500, subpart 2, item K, subitem (5). The progress reports must contain the deadlines for achieving the activities, milestones, or compliance required in the compliance schedule and dates when the activities, milestones, or compliance were actually achieved. If any deadlines in the schedule of compliance were not or will not be met, the report must note that, explain why, and include any preventive or corrective measures that have been or will be adopted as a result.
D. The permit must require submitting an annual compliance certification by January 31 each year. The certification must be on a form approved by the commissioner and must contain the following:
E. To make the compliance certifications under item D, the owner or operator is allowed to use the following:
F. For deviations caused by emergencies, as defined in part 7007.1850, the permittee may assert an affirmative defense only if it meets all the requirements of part 7007.1850.
**Subp. 7. Stationary sources with allowances.**
A. For affected sources, the commissioner must include a permit condition prohibiting emissions exceeding any allowances that the owners and operators of a stationary source lawfully hold under Title IV of the act or the regulations adopted thereunder, except as provided in items B to D.
B. No permit amendment is required for increases in emissions that are authorized by allowances acquired under the acid rain program, provided that the increases do not require a permit amendment under any other applicable requirement.
C. There is no limit on the number of allowances held by the owners and operators of a stationary source. The owners and operators of a stationary source must not, however, use allowances as a defense to noncompliance with any other applicable requirement.
D. Any lawfully held allowance must be accounted for according to the procedures established in Code of Federal Regulations, title 40, part 73, as amended.
**Subp. 8. Fee requirement.**
The permit must require payment of annual fees by owners or operators of a stationary source required to pay annual fees due under part 7002.0025.
**Subp. 9. Additional compliance requirements.**
All permits must contain the following elements with respect to compliance:
A. inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee must allow the commissioner, or the commissioner's authorized representative or agent, to:
B. a schedule of compliance if one is required under part 7007.0500, subpart 2, item K, meeting the description of that part; and
C. provisions establishing the permit shield described in part 7007.1800. Nothing in this subpart limits the commissioner's authority under Minnesota Statutes, section 116.091, section 114 of the act (Record keeping, Inspections, Monitoring, and Entry), or other law.
**Subp. 10. Emissions trading.**
A. If requested by a permit applicant, the commissioner must include provisions allowing the permittee to trade emissions increases and decreases that occur within the permitted facility. No Title I modification may be made using this provision, and the trade may not result in the exceedance of any facility-wide emission limit in the permit. The commissioner must make trading available to the permittee only if the commissioner determines that the following are true:
B. The permit must require the permittee to provide the commissioner in writing at least seven working days before making the emissions trade the written notification described in this item. The notice must:
**Subp. 11. Alternative operating scenarios.**
The commissioner must include in the permit terms and conditions allowing for reasonably anticipated alternative operating scenarios identified by the stationary source in its application. The terms and conditions must:
A. require the owners or operators of the stationary source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which the stationary source is operating; and
B. ensure that the operation under each alternative operating scenario complies with all applicable requirements and the requirements of parts 7007.0100 to 7007.1850.
**Subp. 12. Operation in more than one location.**
If requested by the applicant, the permit may allow a stationary source to be operated in more than one location during the course of the permit. No affected source is allowed this option. If more than one location is authorized, the permit must include the following:
A. identification of all geographic areas where the stationary source is authorized to operate during the course of the permit;
B. conditions that will ensure compliance with all applicable requirements at all authorized locations;
C. requirements that the owner or operator notify the commissioner at least ten days in advance of each change in location, providing the exact location where the source will operate for all part 70 permits and at least 48 hours in advance of each change in location for all other state permits; and
D. conditions that ensure compliance with all other provisions of parts 7007.0100 to 7007.1850.
**Subp. 13. Permit duration.**
Each permit must specify the duration of the permit or state that the permit is nonexpiring.
**Subp. 14. Operation of control equipment.**
If the commissioner determines that the provisions would substantially improve the likelihood of future permit compliance, the permit may specify operating and maintenance requirements for each piece of control equipment located at the stationary source or require the permittee to maintain an operation and maintenance plan on site.
**Subp. 15. Terms to include in reissuance.**
The permit must indicate the terms that must be included in any reissuance of the permit under part 7007.0450, subpart 3.
**Subp. 16. General conditions.**
A permit issued by the commissioner under parts 7007.0100 to 7007.1850 must include the general conditions in items A to O, either expressly or by reference to this subpart.
A. Unchallenged provisions of this permit remain valid despite any successful challenges to specific portions of the permit.
B. The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of state law and, if the provision is federally enforceable, of the act. Violation is grounds for:
C. It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the conditions of this permit.
D. This permit may be reopened and amended or revoked for cause as provided in parts 7007.1600 to 7007.1700. The filing of a request by the permittee for a permit amendment, revocation and reissuance, or termination or filing of a notification of planned changes or anticipated noncompliance does not stay any permit condition, except as specifically provided in part 7007.1450, subpart 7.
E. This permit does not convey any property rights of any sort or any exclusive privilege.
F. The permittee must furnish to the commissioner, within a reasonable time, any information that the commissioner may request in writing to determine whether cause exists for reopening and amending or revoking the permit or to determine compliance with the permit. Upon request, the permittee must also furnish to the commissioner copies of records required to be kept by the permittee.
G. The commissioner's issuance of a permit does not release the permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit or as specifically provided in the permit shield provision and part 7007.1800.
H. The commissioner's issuance of a permit does not prevent the future adoption by the commissioner of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the permittee.
I. The commissioner's issuance of a permit does not obligate the commissioner to enforce local laws, rules, or plans beyond that authorized by Minnesota statutes.
J. The permittee must at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them that are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.
K. The permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the commissioner by the permit. The permittee must immediately upon discovery report to the commissioner an error or omission in these records, reports, plans, or other documents. The permittee may not falsify, tamper with, render inaccurate, or fail to install any monitoring device or method required to be maintained or followed by the permit.
L. The permittee must, when requested by the commissioner, submit within a reasonable time any information and reports that are relevant to pollution or the activities authorized under the permit.
M. If the permittee discovers, through any means, including notification by the commissioner, that noncompliance with a condition of the permit has occurred, the permittee must immediately take all reasonable steps to minimize the adverse impact on human health or the environment resulting from the noncompliance.
N. The permit is not transferable to any person except as provided in part 7007.1400, subpart 1, item E.
O. The permit authorizes the permittee to perform the activities described in the permit under the conditions of the permit. In issuing the permit, the state and commissioner assume no responsibility for damages to persons, property, or the environment caused by the activities of the permittee in the conduct of the permittee's actions, including those activities authorized, directed, or undertaken under the permit. To the extent the state and commissioner may be liable for the activities of state employees, the liability is explicitly limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.736.
**History**
- *Statutory Authority: MS s 115.03; 116.062; 116.07*
- *History: 18 SR 1059; 19 SR 1775; 20 SR 2316; 22 SR 1237; 37 SR 991; 41 SR 763; 44 SR 1030; 46 SR 1209; 50 SR 365; 50 SR 369*
##### **Minn. R. 7007.0801** Conditions for Air Emission Permits for Waste Combustors {#sec-7007.0801 omnilex-key=us-mn-regs-official--agency-167--7007.0801}
**Subpart 1. Additional permit conditions.**
In addition to the conditions in part 7007.0800, an air emission permit for a waste combustor shall contain conditions as specified in subpart 2 or 3. In amending, modifying, or reissuing a waste combustor's air emissions permit which contains a provision that restricts mercury emissions from the facility, the commission shall, at a minimum, continue that permit restriction at the same level unless the applicant demonstrates that no good cause exists to do so.
**Subp. 2. Mixed municipal solid waste or refuse-derived fuel waste combustors.**
An air emissions permit for a waste combustor combusting mixed municipal solid waste or refuse-derived fuel must:
A. prohibit construction of the waste combustor unless the permittee has an ash management method approved by the commissioner;
B. prohibit operation until the ash management facility approved in item A is available to accept ash;
C. require measurement of the noncombustible fraction of solid waste;
D. provide a schedule for the testing of waste combustor ash as required in part 7035.2910;
E. require the implementation of an industrial waste management plan as described in part 7011.1250;
F. for Class C, D, III, and IV waste combustors, require the implementation of a plan as described in part 7011.1255 to identify, separate, and collect solid wastes which contain mercury before the mercury is combusted; and
G. include operating conditions that ensure that the facility will continue to emit mercury emissions less than 50 percent of the applicable standard if the waste combustor elects to conduct mercury emissions testing as allowed in part 7011.1270 and Minnesota Statutes, section 116.85.
**Subp. 3. Waste combustors of nonmixed municipal solid waste.**
An air emissions permit for a waste combustor which does not combust mixed municipal solid waste or refuse-derived fuel must:
A. prohibit initiation of operation of the waste combustor unless the permittee has an ash management plan approved by the commissioner;
B. provide a schedule for testing of waste combustor ash;
C. require the implementation of an industrial waste management plan as described in part 7011.1250;
D. require the implementation of a plan as described in part 7011.1255 to identify, separate, and collect solid wastes which contain mercury before the mercury is combusted;
E. for Class IV waste combustors, require the installation and operation of equipment necessary to achieve ambient pollutant concentrations that would have been achieved with the use of the minimum stack height required in part 7011.1235, subpart 1; and
F. include operating conditions that ensure that the facility will continue to emit mercury emissions less than 50 percent of the applicable standard if the waste combustor elects to conduct annual mercury emissions testing as allowed in part 7011.1270 and Minnesota Statutes, section 116.85.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 2584; 22 SR 1975; 41 SR 763*
##### **Minn. R. 7007.0850** Permit Application Notice and Comment {#sec-7007.0850 omnilex-key=us-mn-regs-official--agency-167--7007.0850}
**Subpart 1. Technical support document.**
For part 70 permits, the commissioner must develop a statement that sets forth the legal and factual basis for the draft permit conditions, including references to the applicable statutory or regulatory provisions.
**Subp. 2. Public notice and comment.**
A. The commissioner must comply with the following procedures before issuing, reissuing, or making a major amendment to any part 70 permit.
B. Before issuing or reissuing a state permit, the commissioner must comply with the procedures in item A, subitems (1) to (3). This item also applies to any major amendment to a state permit described in part 7007.1500, subpart 1, items C and D, if authorized or required by the administrator.
C. If the commissioner determines that a proposed major amendment to a state permit not described in item B involves issues that generate or are likely to generate significant material adverse comment from the public, based on previous adverse public comment on the proposed amendment or related issues, the commissioner must comply with the procedures of item A, subitems (1) to (3), before issuing the amendment.
D. (1) If the commissioner determines that a proposed minor or moderate amendment to a permit involves issues that generate or are likely to generate significant material adverse comment from the public, based on previous adverse public comment on the proposed amendment or related issues, the commissioner must comply with the procedures of item A, subitems (1) to (3), before issuing the amendment.
E. The commissioner must upon request provide a list that summarizes current activities involving permit applications, minor, moderate, and major amendment applications, and requests for administrative amendments. The commissioner may use the agency website in lieu of a written list.
**Subp. 3. Petitions for meetings and hearings.**
A. During the public comment period, a person may, in regard to any draft permit or amendment subject to public notice under subpart 2, items A to D, petition for:
B. The decision to grant or deny the petition for a public informational meeting must be based on the criteria in part 7001.0120, and any meeting held must be in accordance with subpart 2 and part 7001.0120. The commissioner must also give notice of the public informational meeting by posting the notice on the agency website for public notices. The decision to grant or deny the petition for a contested case hearing must be based on the criteria in part 7000.1900, and any hearing held must be in accordance with parts 7000.1750 to 7000.2200 and 7001.0130.
**Subp. 4. Additional procedures for permits containing Title I conditions.**
The commissioner must also comply with all other federal requirements for public participation applicable to permits and permit amendments that include Title I conditions, including requirements in Code of Federal Regulations, title 40, sections 51.102, 51.161, and 51.166(Q), as amended, to the extent applicable.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 18 SR 1059; 19 SR 1310; 43 SR 797; 46 SR 1209*
##### **Minn. R. 7007.0900** Review of Part 70 Permits by Affected States {#sec-7007.0900 omnilex-key=us-mn-regs-official--agency-167--7007.0900}
The agency shall give notice of each draft part 70 permit, or major amendment to a part 70 permit, to any affected state on or before the time that the agency provides this notice to the public as required by part 7007.0850. The agency shall notify the administrator and any affected state in writing of any refusal by the agency to accept all recommendations for the proposed permit that the affected state submitted during the public comment period. The notice shall include the agency's reasons for not accepting any such recommendation.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059*
##### **Minn. R. 7007.0950** Epa Review and Objection {#sec-7007.0950 omnilex-key=us-mn-regs-official--agency-167--7007.0950}
**Subpart 1. Review by EPA.**
A. The commissioner must provide to the administrator a copy of the following documents, unless the administrator agrees to accept a summary of the documents:
B. In the case of a part 70 permit, the commissioner must provide to the administrator the proposed permit or permit amendment after the draft permit or permit amendment has been subject to public comment.
C. In the case of a state permit, the draft permit or permit amendment may be provided to the administrator at the same time the draft permit or permit amendment is offered for public comment.
**Subp. 2. EPA objection.**
A. In the case of a part 70 permit, the commissioner must not issue a permit or permit amendment if the administrator objects to its issuance in writing within 45 days of receiving the proposed permit or permit amendment and any required supporting information.
B. In the case of a state permit, the commissioner must not issue a permit, or an amendment for which EPA review is provided under subpart 1, if the administrator objects to its issuance in writing within 30 days of receiving the draft permit or amendment and any required supporting information.
**Subp. 3. Public petitions to administrator regarding part 70 permits.**
A. If the administrator does not object in writing to a part 70 permit or a major amendment to a part 70 permit under subpart 2, any person may petition the administrator within 60 days after the expiration of the administrator's 45-day review period to make such objection, if:
B. If the administrator objects to the part 70 permit or the amendment as a result of a petition filed under this subpart before the commissioner issues the permit or amendment, the commissioner must not issue the permit or the amendment until the administrator's objection has been resolved. If the permit or the amendment was issued before the administrator's objection but after the end of the EPA's 45-day review period, the commissioner must reopen or revoke the permit or the amendment under part 7007.1600 or 7007.1700 to satisfy the EPA's objection.
C. Until amended or revoked, the permit remains in effect. In any case, the owners and operators of the stationary source are not in violation of the requirement to have submitted a timely and complete application. The administrator may also amend, terminate, or revoke a part 70 permit under the administrator's authority under Code of Federal Regulations, title 40, section 70.8(d), as amended.
**Subp. 4. Additional procedures for permits containing Title I conditions.**
The commissioner must also comply with all other federal requirements for EPA review applicable to permits and permit amendments that include Title I conditions.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 28 SR 1482; 37 SR 991; 41 SR 763; 46 SR 1209*
##### **Minn. R. 7007.1000** Issuing and Denying Permits {#sec-7007.1000 omnilex-key=us-mn-regs-official--agency-167--7007.1000}
**Subpart 1. Preconditions for issuing.**
The following conditions must be satisfied for the agency to issue a permit or permit amendment:
A. the agency has received a complete application for a permit, permit amendment, or permit reissuance, except that a complete application need not be received before issuance of a general permit under part 7007.1100, subpart 4;
B. the agency has complied with the public participation procedures for permit issuance, if required by part 7007.0850;
C. the agency has complied with the procedures for notifying and responding to affected states, if required by part 7007.0900;
D. if the administrator's review is required by part 7007.0950, the administrator has received a copy of the permit and any notices required and has not objected to issuance of the permit within the time period specified, or the administrator has objected but the objection has been resolved to the administrator's satisfaction;
E. the conditions of the permit provide for compliance with all applicable requirements and the requirements of parts 7007.0100 to 7007.1850, or include a schedule to achieve such compliance;
F. the permit does not reflect a variance from any federally enforceable applicable requirement or requirement of parts 7007.0100 to 7007.1850;
G. the agency anticipates that the applicant will, with respect to the stationary source and activity to be permitted, comply with all conditions of the permit; and
H. all applicable provisions of Minnesota Statutes, chapter 116D, and the rules adopted under Minnesota Statutes, chapter 116D, have been fulfilled.
**Subp. 2. Grounds for denying.**
The following constitute grounds for the agency to refuse to issue a new or modified permit, or to refuse permit reissuance:
A. The agency is unable to make any of the determinations required under subpart 1.
B. There exists at the stationary source to be permitted unresolved noncompliance with applicable state or federal pollution control statutes or rules administered by the agency, or conditions of a previous or existing air emission permit, and the applicant will not undertake a schedule of compliance to resolve the noncompliance.
C. An applicant has failed to disclose fully all facts relevant to the stationary source or activity to be permitted, or the applicant has knowingly submitted false or misleading information to the agency.
D. The permitted facility or activity would endanger human health or the environment and the danger cannot be removed by an amendment to the permit.
E. With respect to the stationary source or activity to be permitted, the applicant has not complied with the requirement to pay fees under chapter 7002.
F. With respect to the stationary source or activity to be permitted, the applicant has failed to pay a penalty owed pursuant to court order, consent decree, stipulation agreement, schedule of compliance, or an order issued under Minnesota Statutes, section 116.072.
G. The applicant has failed to prepare a pollution prevention plan or submit a pollution prevention progress report to the commissioner as required by Minnesota Statutes, sections 115D.07 and 115D.08.
**Subp. 3. No default issuance.**
Failure of the agency to act on a permit application shall not be deemed issuance by default.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 41 SR 763*
##### **Minn. R. 7007.1050** Duration of Permits {#sec-7007.1050 omnilex-key=us-mn-regs-official--agency-167--7007.1050}
**Subpart 1. Part 70 permits.**
A part 70 permit shall expire five years after issuance, except for Title I conditions as provided in subpart 4. The agency may issue part 70 permits for stationary sources, other than affected sources, that expire in less than five years but not less than three years if necessary to evenly distribute the rate of reissuance applications in subsequent years and if the permittee consents.
**Subp. 2. State permits and capped permits.**
A state permit or capped permit shall not automatically expire unless the agency makes the permit an expiring one under subpart 5.
**Subp. 3. General permits.**
A general permit that applies to any stationary sources that would otherwise be required to have a part 70 permit shall expire five years after the date it is issued under part 7007.1100, subpart 4. A general permit that only applies to stationary sources that would otherwise be required to have a state permit shall not automatically expire unless the agency makes the permit an expiring one under subpart 5.
**Subp. 3a. Registration permits.**
A registration permit shall not expire.
**Subp. 4. Title I conditions.**
Title I conditions, and the permittee's obligation to comply with them, shall not expire, regardless of the expiration of the other conditions of the permit.
**Subp. 5. Expiring state, capped, and general permits.**
The agency may elect to make state permits, capped permits, and general permits (except general permits that apply to stationary sources otherwise required to have a part 70 permit) expire five years or more after issuance if the permittee requests an expiring permit or if the agency determines that an expiring permit would significantly improve the likelihood of continuing compliance with applicable requirements and the terms of the permit. Grounds for such a determination include, but are not limited to, the following:
A. the stationary source has a history of noncompliance with applicable requirements or with an air emissions permit;
B. the applicable requirements to which the stationary source is currently subject are expected to change substantially within the next five years; or
C. the owners and operators of the stationary source are likely to make substantial changes within the next five years making the stationary source subject to additional applicable requirements. This subpart does not apply to any Title I condition.
**Subp. 6. Effect of permit expiration.**
Except as provided in part 7007.0450, subpart 3, permits issued under parts 7007.0100 to 7007.1850 shall expire at the expiration date stated in the permit. Permit expiration terminates the stationary source's right to operate, even if the permit contains title I conditions which do not expire.
**Subp. 7. Voiding existing permit.**
The agency shall void a permit issued under parts 7001.1200 to 7001.1220 or 7007.0050 to 7007.1850, if it determines that the stationary source no longer requires the permit under existing law. A permittee may request the agency to void a permit. An agency determination to void a permit under this subpart must be in writing and shall explicitly identify the permit in question and state why the permit is no longer required. The agency shall send any such determination to the permittee.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059; 19 SR 1345; 23 SR 2224; 29 SR 626; 37 SR 991*
##### **Minn. R. 7007.1075** Permit Requirements for Affected Sources {#sec-7007.1075 omnilex-key=us-mn-regs-official--agency-167--7007.1075}
Code of Federal Regulations, title 40, part 72, as amended, entitled "Permits Regulation," is adopted and incorporated by reference, for purposes of implementing an acid rain program that meets the requirements of Title IV of the act. The term "permitting authority" means the agency. The provisions of this part apply to affected sources and take precedence if they conflict with or are not included in parts 7007.0100 to 7007.1850.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1666*
##### **Minn. R. 7007.1100** General Permits {#sec-7007.1100 omnilex-key=us-mn-regs-official--agency-167--7007.1100}
**Subpart 1. Criteria.**
If the agency determines that numerous similar stationary sources are subject to the same or substantially similar regulatory requirements, the agency may issue a permit required under parts 7007.0200 and 7007.0250 in the form of a general permit applying to multiple sources following the procedures in subparts 2 to 7. The agency may also issue general permits under this part which apply only to specific portions of stationary sources, including air pollution control equipment, if the specific portions are subject to the same or substantially similar regulatory requirements. The agency shall specify in the notice in subpart 2 whether the general permit applies to an entire stationary source or to specific portions of a stationary source for the purpose of determining applicability under subpart 11. The agency shall not issue general permits for affected sources under the acid rain program unless general permits are authorized by regulations promulgated under Title IV of the act (Acid Deposition Control).
**Subp. 2. Public participation.**
The agency shall follow the same public participation procedures in part 7007.0850, subparts 2 and 3, for individual permits except as stated otherwise in this subpart. The notice of the agency's intent to publish a general permit need not be published in newspapers of general circulation but shall be published in the State Register. The notice need not include any facility specific information. The notice issued by the agency shall identify criteria for stationary sources that qualify for the general permit and identify the geographic area in which it applies. If the general permit is sector-based, the notice shall state whether the owners and operators of a stationary source holding a registration permit issued under parts 7007.1110 to 7007.1130 or a capped permit issued under parts 7007.1140 to 7007.1148 must apply for the sector-based general permit. The agency need not comply with part 7007.0850, subpart 2, item A, subitem (4), unless the stationary source category includes stationary sources subject to the requirement to obtain part 70 permits.
**Subp. 3. EPA and affected state review.**
If the stationary source category to which the general permit applies includes stationary sources that would otherwise require individual part 70 permits, the agency shall comply with all provisions for EPA and affected state review and objection in parts 7007.0900 and 7007.0950. The agency shall comply with provisions for EPA review and objection under part 7007.0950 in the case of all other general permits.
**Subp. 4. Issuance in general.**
Following the close of the comment period and any public meeting or contested case hearing ordered, the agency may issue the general permit. If the general permit applies to any stationary sources that would otherwise be required to have a part 70 permit, the general permit shall include all requirements of parts 7007.0100 to 7007.1850 applicable to part 70 permits. All general permits shall include the requirements applicable to state permits. However, nothing in this subpart shall be construed to require the agency to include in the general permit stationary source specific information incompatible with the concept of a general permit.
**Subp. 5. Application.**
Owners and operators of stationary sources that would qualify for a general permit must apply to the agency for coverage under the terms of the general permit or must apply for an individual permit consistent with part 7007.0500. If the owners and operators of a stationary source elect to apply for coverage under the general permit, they must submit an application meeting the requirements of parts 7007.0100 to 7007.1850, unless the agency states in the public notice of the general permit that certain conditions do not apply. The application must include all information necessary to determine qualification for, and to assure compliance with, the general permit.
**Subp. 6. Issuing general permit to stationary source.**
The agency may issue a general permit to the owners and operators of a stationary source without repeating the notice and comment procedures required under part 7007.0850, subpart 2. However, the agency shall make available to the public upon request a list of facilities for which a general permit application has been received.
**Subp. 7. Permit shield.**
Notwithstanding the permit shield provisions of part 7007.1800, the owners and operators of a stationary source that obtain a general permit shall be subject to enforcement action for operation without a permit if the stationary source is later determined not to qualify for the conditions and terms of the general permit.
**Subp. 8. Changing name, ownership, or control of stationary source issued general permit.**
A. Prior to a change of the name of the stationary source or any mailing address listed in the permit, the owners and operators must submit a request for change of the name or address on a form provided by the commissioner. The commissioner shall reissue the general permit to the owners and operators with the changed name or mailing address. Issuance of a general permit with a new name or mailing address voids and supersedes the previously issued general permit.
B. Prior to a change in the ownership or control of a stationary source issued a general permit under this part, the new owner or operator must submit a change of ownership request form provided by the commissioner. If the commissioner determines that the new owners and operators meet the eligibility requirements of the general permit for general permit issuance, then the commissioner shall issue the general permit to the new owners and operators. Issuance of a general permit to the new owners and operators of an eligible stationary source voids and supersedes the general permit of the previous owner or operator. If the commissioner determines the new owners and operators do not meet the eligibility requirements, the new owners and operators shall submit a permit application for a registration, state, or part 70 permit within 120 days of the commissioner's written request for the application.
**Subp. 9. Changes or modifications rendering stationary source ineligible for general permit.**
The owner and operator of a stationary source that operates under an agency-issued general permit must submit a part 70, state, capped, or registration permit application before making a change or modification that results in the stationary source no longer qualifying for the general permit under this part. The owner or operator may not begin actual construction on the modification until the required part 70, state, capped, or registration permit for the stationary source is obtained or an installation and operation permit for the modification is obtained under part 7007.0750, subpart 5.
**Subp. 10. Regulatory change rendering stationary source ineligible for general permit.**
A. If a stationary source covered by a general permit becomes subject to a new regulatory requirement that results in the stationary source no longer being able to qualify for or meet the requirements of the general permit, then the owners and operators must:
B. The owners and operators must submit the required permit application for the appropriate air emission permit within the time limits in item A. If the owners and operators fail to submit the required permit application in the time required, the owners and operators do not hold a valid permit and are in violation of part 7007.0150, subpart 1.
**Subp. 11. Parts that do not apply to certain general permits.**
For general permits that cover an entire stationary source, parts 7007.1150 to 7007.1250 and 7007.1350 to 7007.1500 do not apply.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 23 SR 2224; 29 SR 626; 32 SR 904; 37 SR 991; 41 SR 763*
##### **Minn. R. 7007.1102** [Repealed, 46 SR 1209] {#sec-7007.1102 omnilex-key=us-mn-regs-official--agency-167--7007.1102}
[Repealed, 46 SR 1209]
##### **Minn. R. 7007.1105** [Repealed, 46 SR 1209] {#sec-7007.1105 omnilex-key=us-mn-regs-official--agency-167--7007.1105}
[Repealed, 46 SR 1209]
##### **Minn. R. 7007.1107** [Repealed, 46 SR 1209] {#sec-7007.1107 omnilex-key=us-mn-regs-official--agency-167--7007.1107}
[Repealed, 46 SR 1209]
##### **Minn. R. 7007.1110** Registration Permit; General Requirements {#sec-7007.1110 omnilex-key=us-mn-regs-official--agency-167--7007.1110}
**Subpart 1. Stationary sources; eligibility for registration permit.**
Owners and operators of a stationary source that qualifies for a registration permit under this part and part 7007.1115 (Option A), 7007.1120 (Option B), 7007.1125 (Option C), or 7007.1130 (Option D) may elect to apply to the commissioner for a registration permit instead of a part 70, state, capped, or general permit, except as provided in subpart 2.
**Subp. 2. Stationary sources; ineligibility for registration permit.**
A. Owners and operators of a stationary source may not obtain a registration permit if they are required to obtain a permit under parts 7007.0200, subpart 3 (acid rain affected sources), 7007.0200, subpart 4 (solid waste incinerators, waste combustors), 7007.0200, subpart 5 (other part 70 sources), 7007.0250, subpart 3 (state implementation plan required state permit), or 7007.0250, subpart 6 (waste combustors).
B. Owners and operators of a stationary source may not obtain a registration permit if air quality specific conditions or limits not contained in parts 7007.1110 to 7007.1130 were assumed:
C. Owners and operators of a stationary source may not obtain a registration permit if the stationary source is subject to a new source performance standard except when the stationary source is subject only to the notification and record-keeping requirements of that standard, or when the standard is one of the following:
**Subp. 2b. Additional limitations on stationary source eligibility for registration permit.**
A stationary source may not obtain an option B, C, or D registration permit if:
A. the source qualifies for a sector-based state general permit available under part 7007.1100, unless specifically allowed under the general permit; or
B. the commissioner determines that site-specific permit requirements are needed to ensure compliance with applicable requirements or to protect human health or the environment.
**Subp. 3. Application.**
Items A to D apply to registration permit applications submitted under parts 7007.1110 to 7007.1130.
A. The owners and operators of a stationary source must apply for a registration permit prior to the applicable deadline in parts 7007.0350 and 7007.0400. If the owners and operators have submitted a complete application for a state, part 70, or general permit prior to the application deadline in part 7007.0350 or 7007.0400 and are eligible for a registration permit, then the owners and operators may apply for a registration permit and shall request to have the original application voided.
B. The owners and operators of a stationary source must submit the registration permit application on a standard application form provided by the commissioner. The commissioner may create different application forms for the different registration permit options available under parts 7007.1115 to 7007.1130.
C. Any owner or operator of a stationary source who fails to submit any relevant facts or who has submitted incorrect information in an application for a registration permit shall, upon becoming aware of such failure or incorrect information, promptly submit to the commissioner such supplementary facts or corrected information. This requirement applies both while the permit application is pending before the commissioner and after a registration permit is issued.
D. If the commissioner determines during review of the application that additional information is needed to evaluate the registration permit application or to verify that the stationary source qualifies for a registration permit under parts 7007.1110 to 7007.1130, the commissioner may request the information from the applicant, and the applicant shall submit the information to the commissioner by the date specified in the request.
**Subp. 4. Certifications.**
All registration permit applications, reports, and record-keeping, testing, or monitoring submittals to the commissioner under parts 7007.1110 to 7007.1130 shall include a certification made by a responsible official. The certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. The certification that is submitted with a registration permit application must additionally state that the stationary source will be operated in compliance with all applicable requirements, and shall be signed by a responsible official of both the owner and the operator of the stationary source if they are not the same.
**Subp. 5. Issuing, denying, and revoking.**
The commissioner shall issue a registration permit to the owners and operators of a stationary source if the owners and operators have submitted a complete application for a registration permit and the commissioner determines that the stationary source qualifies for the registration permit under parts 7007.1110 to 7007.1130 for which the application was submitted, and the commissioner anticipates that the stationary source will comply with the registration permit. The commissioner shall deny an application for a registration permit if the commissioner determines that the stationary source does not qualify for the registration permit under parts 7007.1110 to 7007.1130 for which the application was submitted or that the stationary source will not be able to comply with the registration permit. The grounds for permit denial in part 7007.1000, subparts 1, item H, and 2, items B to G, also constitute grounds for the commissioner to deny a registration permit application. The commissioner may revoke a registration permit, if the commissioner finds that any of the grounds under subpart 16 or under part 7007.1700, subpart 1, exist, by following the procedure in part 7007.1700, subpart 2.
**Subp. 6. Content.**
A registration permit shall identify the stationary source, the owner and operator of the stationary source, where the stationary source is allowed to operate, and shall state as follows: "The permittee shall comply with Minnesota Rules, part 7007.1110, part [insert 7007.1115, 7007.1120, 7007.1125, or 7007.1130, whichever one applies], and all applicable requirements."
**Subp. 7. Compliance requirements.**
The owner and operator of the stationary source issued a registration permit, shall:
A. comply with this part, including the general conditions in subpart 21;
B. comply with part 7007.1115 (Option A), 7007.1120 (Option B), 7007.1125 (Option C), or 7007.1130 (Option D), whichever applies;
C. comply with all applicable requirements; and
D. if a stationary source qualifies for a registration permit, but has less than 12 months of emissions data, calculate the emission limit each month during normal operation for the first 12 months under registration permit option C or D on a form provided by the commissioner which uses one of the following formulas:
**Subp. 8. Emission inventory required.**
The owner or operator of a stationary source issued a registration permit under parts 7007.1110 to 7007.1130 must submit an annual emission inventory to the commissioner under parts 7019.3000 to 7019.3100.
**Subp. 9. Record retention; access to records; inspections.**
A. The owner or operator of a stationary source issued a registration permit under parts 7007.1110 to 7007.1130 must maintain at the stationary source, or at the main office for an unattended stationary source, for a period of five years from the date the record was made all information required to be recorded under applicable state and federal rules, and part 7007.1115, 7007.1120, 7007.1125, or 7007.1130, whichever part applies to the stationary source. The owner or operator must make these records available for examination and copying upon request of the commissioner, and must upon request submit these records to the commissioner by the time specified by the commissioner in the request. A stationary source with a registration permit may maintain records at an office of the owner or operator of the stationary source for all years prior to the current calendar year of operation.
B. The owner or operator of a stationary source issued a registration permit under parts 7007.1110 to 7007.1130 must provide the commissioner, or an authorized representative or agent of the commissioner, access to the stationary source (including allowing the collection of samples), and records to the extent provided under Minnesota Statutes, section 116.091, or other law, upon presentation of credentials and other documents required by law. Nothing in this subpart shall be read to limit the commissioner's, agency's, or administrator's authority under Minnesota Statutes, section 116.091, section 114 of the act, or other law.
**Subp. 10. Changes or modifications triggering new source performance standards.**
If a change or modification made at a stationary source issued a registration permit results in the stationary source being subject to a new source performance standard listed under subpart 2, item C, or if the change or modification adds an emissions unit subject to the standards listed in part 7007.0300, the owner or operator must submit to the commissioner:
A. the information required by the standard in the time specified in the standard;
B. with the notice in item A, a written notice containing a description of the change if the change triggers a new source performance standard; and
C. with the notice in item A, a copy of the applicable new source performance standard, with the applicable portions of the new source performance standard (NSPS) highlighted (including applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General Provisions), or an NSPS checklist form provided by the commissioner that identifies applicable portions of the new source performance standard.
**Subp. 11. Changes; ineligibility or different registration permit option.**
If the owner or operator makes a change at a stationary source issued a registration permit which increases emissions, including a change described in subpart 10, and results in the stationary source no longer being able to qualify for or meet the requirements for its registration permit, and the change is not a modification, as defined in part 7007.0100, subpart 14, then the owners and operators must:
A. within 30 days of making the change, submit a written notification to the commissioner that includes a description of the change, and a statement of what type of permit application the owner or operator will submit; and
B. if the change results in the requirement for the submittal of a registration permit application under a different option, then the registration permit application shall be submitted with the 30-day notice required under item A, or within 180 days of making the change, submit the required part 70, state, or general permit application. If the owners and operators fail to submit the required permit application in the time required by this subpart, the owners and operators lose their right to operate the stationary source and shall be considered to be in violation of part 7007.0150, subpart 1. Once a stationary source has made a change rendering it ineligible for all registration permit options under parts 7007.1110 to 7007.1130, the stationary source may only become eligible for a registration permit again if it meets the requirements of subpart 14.
**Subp. 11a. Regulatory changes; ineligibility or different registration permit option.**
A. If a stationary source covered by a registration permit becomes subject to a new regulatory requirement that results in the stationary source no longer being able to qualify for or meet the requirements for the current registration permit, then the owner or operator must:
B. Once a stationary source has made a change rendering it ineligible for all registration permit options under parts 7007.1110 to 7007.1130, the stationary source may become eligible for a registration permit again only if it meets the requirements of subpart 14.
C. If the owner or operator fails to submit the required permit application in the time required by this subpart, the owner or operator is considered to not hold a valid permit and is in violation of part 7007.0150, subpart 1. The owner or operator must submit the required permit application for the appropriate air emission permit within the time limits given in item A.
**Subp. 12. Modification; ineligibility for current registration permit option.**
Items A to C apply to the owner or operator of a stationary source that has been issued a registration permit and that wants to make a modification which results in the stationary source no longer being able to meet the requirements for the registration permit option for which it was issued a registration permit, but which will result in the stationary source being eligible for another registration permit option.
A. The owners and operators must submit the required permit application to the commissioner before beginning actual construction on the modification.
B. The owners and operators may begin actual construction on and start-up of the modification proposed in the permit application seven working days after the permit application is received by the commissioner.
C. Until the commissioner acts on the permit application, the owners and operators must comply with the requirements of the registration permit option for which the owners and operators applied, and all applicable requirements. During this time period, the owners and operators need not comply with the registration permit requirements specific to the option under which the owners and operators currently hold a registration permit.
**Subp. 13. Modification; ineligibility for registration permit.**
The owners and operators of a stationary source that has been issued a registration permit must submit a part 70, state, or general permit application before making a modification which results in the stationary source no longer qualifying for any registration permit option under parts 7007.1110 to 7007.1130. The owner or operator may not begin actual construction on the modification until the required part 70, state, or general permit for the stationary source is obtained, or an installation and operation permit for the modification is obtained under part 7007.0750, subpart 5. Once a stationary source has made a modification rendering it ineligible for all registration permit options under parts 7007.1110 to 7007.1130, the stationary source may only become eligible for a registration permit again if it meets the requirements of subpart 14.
**Subp. 14. Actions resulting in or reinstating eligibility.**
If through the addition of listed control equipment, permanent removal of emissions units, or implementation of pollution prevention practices the stationary source qualifies for or reinstates eligibility for a registration permit under parts 7007.1110 to 7007.1130, the owners and operators may apply for a registration permit. If the stationary source qualifies for or reinstates eligibility for a registration permit due to implementation of pollution prevention practices, the owner or operator shall submit a description of the pollution prevention practices with the registration permit application for the commissioner's review and approval. For purposes of this subpart, "pollution prevention practices" means eliminating or reducing the quantity or toxicity of regulated air pollutants, or hazardous air pollutants that are not regulated air pollutants, used by or emitted from the stationary source. Emission reductions are not reductions if the decrease is solely the result of a decrease in production at the stationary source.
**Subp. 15. Changing name, ownership, or control.**
A. Prior to a change of the name of the stationary source or any mailing address listed in the permit, the owners and operators must submit a request for change of the name or address on a form provided by the commissioner. The commissioner shall reissue the registration permit to the owners and operators with the changed name or mailing address. Issuance of a registration permit with a new name or mailing address voids and supersedes the previously issued registration permit.
B. Prior to a change in the ownership or control of a stationary source issued a registration permit under parts 7007.1110 to 7007.1130, the new owner or operator must submit a change of ownership request form provided by the commissioner. If the commissioner determines that the new owner or operator meets the requirements of parts 7007.1110 to 7007.1130 for registration permit issuance, then the commissioner shall issue the registration permit to the new owner or operator. Issuance of a registration permit to the new owner or operator of an eligible stationary source voids and supersedes the registration permit of the previous owner or operator.
**Subp. 15a. Relocating.**
A. This subpart does not apply if the registration permit already authorizes operation in more than one location under subpart 20 and the proposed relocation is within the scope of that authorization.
B. Before changing the location of the stationary source, the owners and operators must submit a request for change of location on a form provided by the commissioner. The commissioner must reissue the registration permit to the owners and operators with the changed location if:
C. Issuing a registration permit with a new location voids and supersedes the previously issued registration permit.
**Subp. 16. Agency request for different type of permit application.**
The owners and operators shall submit an application for a part 70, state, capped, or general permit, or a different registration permit option, within 120 days of the commissioner's written request for the application if the commissioner determines that:
A. the stationary source has a history of noncompliance with applicable requirements or with its registration permit;
B. the stationary source does not qualify for a registration permit;
C. the stationary source qualifies for a different registration permit option under parts 7007.1110 to 7007.1130;
D. the applicable requirements to which the stationary source is subject are about to or have changed substantially;
E. the permit application contains material mistakes or inaccurate statements related to establishing eligibility for the emissions standards, limitations, or other terms or conditions of the permit and correction of such mistakes or statements would result in ineligibility for the permit applied for;
F. alterations or modifications to the permitted facility will result in or have the potential to result in alteration in the nature or quantity of regulated air pollutants to be emitted by the permittee such that the permittee is no longer eligible for the permit it holds; or
G. the commissioner receives information previously unavailable to the commissioner that shows that the terms and conditions of the permit do not accurately represent the actual circumstances of the permitted facility.
**Subp. 17. Voiding existing permit.**
The commissioner shall void a part 70, capped, or state permit for a stationary source which is issued a registration permit. A stationary source which is covered under the terms of a general permit is no longer covered by the general permit when it is issued a registration permit. The commissioner shall void a registration permit issued under one registration permit option for a stationary source that is issued a registration permit for a different registration permit option. The commissioner shall void a registration permit for a stationary source that is issued a part 70, state, capped, or general permit.
**Subp. 18. No circumvention; permit shield.**
A. The owner or operator of a stationary source that obtains a registration permit shall be subject to enforcement action for operation without a permit if the commissioner later determines that the stationary source does not qualify for the registration permit.
B. The permit shield under part 7007.1800 shall not apply to registration permits.
**Subp. 19. List of facilities with registration permit.**
The commissioner shall make available to the public upon request a list of facilities that have been issued registration permits under parts 7007.1110 to 7007.1130.
**Subp. 20. Operation in more than one location.**
If requested by the applicant, the registration permit may allow a stationary source to be operated in more than one location. If more than one location is proposed by the permittee, the permittee shall:
A. include in the application an identification of all geographic areas where the stationary source is authorized to operate during the course of the permit; and
B. notify the commissioner at least 48 hours in advance of each change in location, providing the exact location where the source will operate.
**Subp. 21. Registration permit; general conditions.**
Registration permits issued by the commissioner under parts 7007.1110 to 7007.1130 must include the general conditions in items A to O, which are included in the permit by reference to part 7007.1110 as a whole.
A. Unchallenged provisions of the permit remain valid despite any successful challenges to specific portions of the permit.
B. The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of state law and, if the provision is federally enforceable, of the act. Such violation is grounds for enforcement action by the commissioner, the agency, or the EPA; or for permit revocation.
C. It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
D. The permit may be revoked for cause as provided in subpart 5. The filing of a request by the permittee for a different type of permit, a different registration permit option, for revocation or termination of this permit, or for a notification of planned changes or anticipated noncompliance does not stay any permit condition, except as specifically provided in subpart 12.
E. The permit does not convey any property right of any sort, or any exclusive privilege.
F. The permittee shall furnish to the commissioner, within a reasonable time, any information that the commissioner may request in writing to determine whether cause exists for revoking the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the commissioner copies of records to be kept by the permittee.
G. The commissioner's issuance of the permit does not release the permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain a permit.
H. The commissioner's issuance of the permit does not prevent the future adoption by the agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the permittee.
I. The commissioner's issuance of the permit does not obligate the commissioner to enforce local laws, rules, or plans beyond that authorized by Minnesota Statutes.
J. The permittee shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.
K. The permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the commissioner by the permit. The permittee shall immediately upon discovery report to the commissioner an error or omission in these records, reports, plans, or other documents. The permittee may not falsify, tamper with, render inaccurate, or fail to install any monitoring device or method required to be maintained or followed by the permit.
L. The permittee shall, when requested by the commissioner, submit within a reasonable time any information and reports that are relevant to pollution or the activities authorized under the permit.
M. If the permittee discovers, through any means, including notification by the commissioner, that noncompliance with a condition of the permit has occurred, the permittee shall immediately take all reasonable steps to minimize the adverse impact on human health or the environment resulting from the noncompliance.
N. The permit is not transferable to any person.
O. The permit authorizes the permittee to perform the activities described in the permit under the conditions of the permit. In issuing the permit, the state, the agency, and the commissioner assume no responsibility for damages to persons, property, or the environment caused by the activities of the permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under the permit. To the extent the state, the agency, and the commissioner may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.736.
**Subp. 22. Inapplicable parts.**
Parts 7007.0500 to 7007.0950; 7007.1000, subpart 1; 7007.1100; 7007.1150 to 7007.1250; 7007.1350 to 7007.1650; and 7007.1800 do not apply to registration permits under parts 7007.1110 to 7007.1130.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1345; 20 SR 2316; 20 SR 2253(NO. 42); 21 SR 165; 23 SR 2224; 28 SR 1482; 29 SR 626; 32 SR 904; 37 SR 991; 46 SR 1209*
##### **Minn. R. 7007.1115** Registration Permit Option a {#sec-7007.1115 omnilex-key=us-mn-regs-official--agency-167--7007.1115}
**Subpart 1. Eligibility.**
The owners and operators of a stationary source may apply for a registration permit under this part if the stationary source is required to obtain a permit solely because it is subject to a new source performance standard listed in part 7007.1110, subpart 2, item C, and the owner or operator does not anticipate making changes in the next year which will cause the stationary source to require a permit for other reasons. Insignificant activities at the stationary source listed in part 7007.1300, subparts 2 and 3, and conditionally insignificant activities, are not considered in the eligibility determination under this subpart.
**Subp. 2. Application content.**
An application for a registration permit under this part must contain the following:
A. information identifying the stationary source and its owners and operators, including company name and address (plant name and address if different from the company name), owner's name and agent, and contact telephone numbers, including names of plant site manager or contact, and the person preparing the application if different;
B. a description of the stationary source's processes and products, by Standard Industrial Classification (SIC) code; and
C. a copy of the applicable new source performance standards (NSPS) listed in part 7007.1110, subpart 2, item C, with the applicable portions of the standards highlighted, including applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General Provisions, or an NSPS checklist form provided by the commissioner, for each affected facility as defined in Code of Federal Regulations, title 40, section 60.2. Insignificant activities at the stationary source listed in part 7007.1300, subparts 2 and 3, and conditionally insignificant activities, are not required to be included in the application.
**Subp. 3. Compliance requirements.**
The owners and operators of a stationary source issued a registration permit under this part must:
A. meet the eligibility requirements of subpart 1 at all times;
B. comply with part 7007.1110; and
C. comply with all applicable requirements, including new source performance standards.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1345; 20 SR 2316; 21 SR 165; 27 SR 1579; 37 SR 991*
##### **Minn. R. 7007.1120** Registration Permit Option B {#sec-7007.1120 omnilex-key=us-mn-regs-official--agency-167--7007.1120}
**Subpart 1. Eligibility.**
The owners and operators of a stationary source may apply for a registration permit under this part if:
A. the stationary source purchases or uses less than 2,000 gallons of VOC-containing materials on a calendar year basis;
B. the only emissions from the stationary source are from VOC-containing materials, or are from insignificant activities under part 7007.1300, subparts 2 and 3, or are from conditionally insignificant activities meeting the requirements of parts 7008.4000 and 7008.4110; and
C. the owner or operator does not anticipate making changes in the next 12 months which will cause the stationary source to purchase or use 2,000 gallons or more of VOC-containing materials on a calendar year basis.
**Subp. 2. Application content.**
An application for a registration permit under this part must contain the following:
A. information identifying the stationary source and its owners and operators, including company name and address (plant name and address if different from the company name), owner's name and agent, and contact telephone numbers, including names of plant site manager or contact, and the person preparing the application if different;
B. a description of the stationary source's processes and products by Standard Industrial Classification (SIC) code;
C. a copy of the applicable new source performance standards (NSPS) listed in part 7007.1110, subpart 2, item C, with the applicable portions of the standards highlighted, including applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General Provisions, or an NSPS checklist form provided by the commissioner, for each affected facility as defined in Code of Federal Regulations, title 40, section 60.2;
D. a statement of whether the owner or operator will base records required under subpart 3 on the purchase or use of VOC-containing materials; and
E. the gallons of VOC-containing materials purchased or used in a calendar year. If the stationary source has not been operated, the owner or operator shall estimate the gallons of VOC-containing materials that will be purchased or used on a calendar year basis during normal operation using a worksheet provided by the commissioner. If the stationary source has been operated less than 12 months or has not been operated a full calendar year on the date of application under this part, the owner or operator shall calculate gallons of VOC-containing materials purchased or used by multiplying 12 months by the larger of the two following monthly averages:
**Subp. 3. Compliance requirements.**
The owner or operator of a stationary source issued a registration permit under this part must:
A. calculate according to subpart 4 and record by April 1 of each calendar year the total amount of VOC-containing materials purchased or used (whichever was stated in the permit application) during the previous calendar year;
B. maintain the calculation itself and any receipts, invoices, or similar documents used to determine the total amount of VOC-containing materials purchased or used in item A;
C. purchase or use (whichever was stated in the permit application) less than 2,000 gallons of VOC-containing materials each calendar year;
D. have emissions from the stationary source only from VOC-containing materials or from insignificant activities under part 7007.1300, subparts 2 and 3, or from conditionally insignificant activities described in and meeting the requirements of parts 7008.4000 and 7008.4110;
E. comply with part 7007.1110; and
F. comply with all applicable requirements, including new source performance standards.
**Subp. 4. Calculation method; definitions.**
The owner or operator of a stationary source must maintain a record of the gallons of VOC-containing material purchased or used. The amount of VOC-containing material recovered for reuse or recycling, including VOC-containing material shipped off-site for recycling, may be subtracted from the amount of VOC-containing material used or purchased. If the owner or operator ships VOC-containing material off-site for recycling, the owner or operator must keep records of the amount of material shipped off-site for recycling and the calculations done to determine the amount to subtract. Records may be MSDS, invoices, shipping papers, or hazardous waste manifests. For purposes of this part, the following terms have the meanings given.
A. "VOC-containing materials" means materials containing VOC whether or not the VOCs are hazardous air pollutants.
B. "Reuse" has the meaning given under part 7045.0020.
C. "Recycling" means the reclamation or reuse, as defined in part 7045.0020, of a VOC-containing material.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 23 SR 2224; 27 SR 1579; 32 SR 904; 37 SR 991; 46 SR 1209*
##### **Minn. R. 7007.1125** Registration Permit Option C {#sec-7007.1125 omnilex-key=us-mn-regs-official--agency-167--7007.1125}
**Subpart 1. Eligibility.**
The owners and operators of a stationary source may apply for a registration permit under this part if the stationary source consists of only indirect heating units (boilers), reciprocating internal combustion engines, and/or emissions from use of VOC-containing materials, and meets the following criteria:
A. all emissions units at the stationary source are included under calculations 1, 2A, 2B, and 3 in subpart 4, are insignificant activities under part 7007.1300, subparts 2 and 3, or are conditionally insignificant activities;
B. all fuels burned at the stationary source are listed in Table 1 or 2 of subpart 4;
C. the stationary source does not burn fuels which exceed the sulfur limits listed in Table 1 or 2 in subpart 4;
D. the stationary source does not burn bituminous or subbituminous coal in hand-fed boilers;
E. all VOC emissions from the stationary source are included under calculation 3 or all VOC emissions from the stationary source are from conditionally insignificant activities in compliance with parts 7008.4000 and 7008.4100;
F. the 12-month rolling sum of calculations determined under calculations 1, 2A, 2B, and 3 in subpart 4 is less than 50;
G. the owner or operator does not anticipate making changes in the next 12 months which will cause the stationary source to be ineligible for this type of registration permit under items A to F and H; and
H. the stationary source does not use or generate nitrous oxide, other than from combustion units, and does not use or generate hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.
**Subp. 2. Application content.**
An application for a registration permit under this part must contain the following:
A. information identifying the stationary source and its owners and operators, including company name and address (plant name and address if different from the company name), owner's name and agent, and contact telephone numbers, including names of plant site manager or contact, and the person preparing the application if different;
B. a description of the stationary source's processes and products, by Standard Industrial Classification (SIC) code;
C. a copy of the applicable new source performance standards (NSPS) listed in part 7007.1110, subpart 2, item C, with the applicable portions of the standards highlighted, including applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General Provisions, or an NSPS checklist form provided by the commissioner, for each affected facility as defined in Code of Federal Regulations, title 40, section 60.2;
D. a statement of whether the owner or operator will base records required under subpart 3 on the purchase or the use of VOC-containing materials, on the purchase or use of fuels, and on hours of operation; and
E. the calculations required by subpart 4. If the stationary source has not been operated, the owner or operator shall estimate the gallons of VOC-containing materials, amount of fuels burned, and hours of operation on a 12-month rolling sum basis during normal operation in performing the calculations required in subpart 4. If the stationary source has been operated less than 12 months on the date of application under this part, the owner or operator shall perform the calculation in subpart 4 by calculating gallons of VOC-containing materials purchased or used, amount of fuels purchased or used, or hours of operation by multiplying by 12 the larger of the following:
**Subp. 3. Compliance requirements.**
Unless a stationary source is eligible under subpart 3a, the owners and operators of a stationary source issued a registration permit under this part must comply with all of the requirements in items A to K.
A. If the stationary source determined eligibility in the permit application, in whole or in part, by calculating VOC actual emissions from VOC-containing materials purchased or used (whichever was stated in the permit application) in calculation 3 in subpart 4, the owner or operator must:
B. If the stationary source determined eligibility in the permit application, in whole or in part, by using fuel burned in calculation 1 or 2A in subpart 4, the owner or operator must:
C. If the stationary source determined eligibility in the permit application, in whole or in part, by using hours of operation in calculation 2B in subpart 4, the owner or operator must, for each emissions unit included in calculation 2B:
D. The owner or operator must add together and record by the last day of each month the 12-month rolling sum of the calculations made in items A to C for the previous 12 months. This sum is the eligibility number.
E. The owner or operator must not burn any fuels at the stationary source that are not listed in Table 1 or Table 2 of subpart 4, or that exceed the sulfur content limits listed in Table 1 or Table 2, and must not burn bituminous or subbituminous coal in any hand-fed indirect heating unit (boiler).
F. The 12-month rolling sum determined by the calculation in item D, the eligibility number, must not exceed 50.
G. The owner or operator must have emissions from the stationary source only from indirect heating units (boilers, except hand-fed boilers burning bituminous or subbituminous coal), from reciprocating internal combustion engines, from insignificant activities under part 7007.1300, subparts 2 and 3, from conditionally insignificant activities, and/or from use of VOC-containing materials.
H. The owner or operator must comply with part 7007.1110.
I. The owner or operator must comply with all applicable requirements, including new source performance standards.
J. The owner or operator must keep the information in subitems (1) to (3) on-site for emission points venting emission units included in subpart 4, calculation 1, that burn coal, coke, wood, bark, number 5 or 6 residual oil, or number 4 distillate oil. If the commissioner requests any of the information in subitems (1) to (3), the owner or operator must submit the information within 21 days of the request on a form provided by the commissioner:
K. If the registration permit was issued before January 2, 2011, the owner or operator must begin record keeping for greenhouse gases as CO2e on January 2, 2011, for example, tracking whether any insignificant activities no longer qualify as such.
**Subp. 3a. Compliance requirements for low-emitting sources.**
If the eligibility number determined by the calculation in item D is less than 25 for the previous calendar year, the owner or operator of a stationary source issued a registration permit under this part shall comply with all of the requirements in items A to E.
A. If the stationary source determined eligibility in the permit application, in whole or in part, by calculating VOC actual emissions from VOC-containing materials purchased or used (whichever was stated in the permit application) in calculation 3 in subpart 4, the owner or operator must:
B. If the stationary source determined eligibility in the permit application, in whole or in part, by using fuel burned in calculation 1 or 2A in subpart 4, the owner or operator must:
C. If the stationary source qualified in the permit application, in whole or in part, by using hours of operation in calculation 2B in subpart 4, the owner or operator must, for each emissions unit included in calculation 2B:
D. The owner or operator must add together and record by April 1 of each calendar year the sum of the calculations made in items A to C. This sum, the eligibility number, shall not exceed 25 to be eligible under this subpart. If the eligibility number exceeds 25, then the owner or operator must comply with subpart 3 and have an eligibility number of less than 25 for two consecutive calendar years before eligibility for this subpart is reinstated.
E. The owner or operator must comply with subpart 3, items E and G to J.
**Subp. 4. Tables and calculations.**
The tables and calculations in this subpart must be used to determine whether a stationary source is eligible for a registration permit under this part. For the purposes for fuel specifications listed in calculations 1 and 2A, the Annual Book of American Society for Testing and Materials Standards (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, volumes 4.05, 5.01, 5.03, and 5.05 (1993 and as subsequently amended) are incorporated by reference, are available through the Minitex interlibrary loan system, and are subject to frequent change.
A. Calculation 1. Indirect Heating Emissions Units. For stationary sources with indirect heating emissions units, multiply the 12-month rolling sum of each fuel used by the multiplication factor (MF) listed in Table 1. Add the results of all the calculations to arrive at the calculation 1 total. The following formula determines the calculation 1 total: STEP 1: fuel type used (in units specified) x MF = fuel type total STEP 2: fuel type 1 total + fuel type 2 total + ... fuel type n total = Calculation 1 total
B. Calculation 2. Reciprocating Internal Combustion Engine Emission Units. A stationary source with one or more reciprocating internal combustion (RIC) engines must, for each RIC engine, use either calculation 2A or 2B. Stationary sources with RIC engine emission units burning fuels not listed in Table 2, however, must use calculation 2B.
C. Calculation 2A. RIC Engine Fuel Usage Calculation. For stationary sources with one or more RIC engines, multiply the 12-month rolling sum of each fuel used by the multiplication factor (MF) from Table 2. Add the results of each calculation to determine the total for that RIC engine. The following formula determines the calculation 2A total: STEP 1: fuel type used (in specified units) x MF = fuel type total STEP 2: fuel type 1 total + fuel type 2 total + ... fuel type n total = Calculation 2A total
D. Calculation 2B. RIC Engine Operating Hours Calculation. For stationary sources with one or more RIC engines, multiply the design capacity of the engine in horsepower by the 12-month rolling sum of hours operated and by the multiplication factor 1.22E-05. The owner or operator must perform this calculation for each RIC engine, then add the results of all the calculations to arrive at the calculation 2B total. The following formula determines the calculation 2B total: STEP 1: engine horsepower design capacity x hours operated x 1.22E-05 = RIC engine total STEP 2: RIC engine 1 total + RIC engine 2 total + ... RIC engine n total = Calculation 2B total
E. Calculation 3. VOC Emissions Units. An owner or operator of a stationary source that purchases or uses VOC-containing materials must, for each material purchased or used that contains VOC, multiply a factor of ten by the weight factor (WF) of the VOC in the material (weight of VOC per weight of VOC-containing material) by the density of the material (in pounds per gallon) by the 12-month rolling sum of gallons of that material purchased or used. The owner or operator must perform this calculation for each material purchased or used that contains VOC (including VOC purchased or used for cleaning) and add the results of the calculations to arrive at the calculation 3 total. In determining the WF and the density, the owner or operator must use the maximum listed in the material safety data sheets (MSDS) or a signed statement from the supplier for each VOC-containing material. The following formula determines the calculation 3 total: STEP 1: 10 [WF x density of the material (lb/gal) x (1 ton/2,000 lb) x the 12-month rolling sum of material purchased or used (gallons)] = material total STEP 2: material 1 + material 2 + ... material n total = Calculation 3 total
**Subp. 5. Transition period.**
Any owner or operator of a stationary source that holds a registration permit option C and is ineligible for a registration permit option C on or after January 1, 2007, shall apply for another type of permit on or before December 31, 2008.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1345; 20 SR 2316; 21 SR 165; 23 SR 2224; 27 SR 1579; 32 SR 904; 37 SR 991; 46 SR 1209*
##### **Minn. R. 7007.1130** Registration Permit Option D {#sec-7007.1130 omnilex-key=us-mn-regs-official--agency-167--7007.1130}
**Subpart 1. Eligibility.**
The owners and operators of a stationary source may apply for a registration permit under this part if the stationary source meets the following criteria:
A. all emissions units at the stationary source are either included in calculations in subpart 4, or are insignificant activities under part 7007.1300, subparts 2 and 3, or are conditionally insignificant activities;
B. the 12-month rolling sum of actual emissions at the stationary source for each pollutant are less than or equal to the thresholds in subpart 5; and
C. the owner or operator does not anticipate making changes in the next year which will cause the stationary source's 12-month rolling sum of actual emissions to exceed any threshold in tons per year listed in subpart 5.
**Subp. 2. Application content.**
An application for a registration permit under this part must contain all of the following requirements:
A. information identifying the stationary source and its owners and operators, including company name and address (plant name and address if different from the company name), owner's name and agent, and contact telephone numbers, including names of plant site manager or contact, and the person preparing the application if different;
B. a description of the stationary source's processes and products, by Standard Industrial Classification (SIC) code;
C. a copy of the applicable new source performance standards (NSPS) listed in part 7007.1110, subpart 2, item C, with the applicable portions of the standards highlighted, including applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General Provisions, or an NSPS checklist form provided by the commissioner, for each affected facility as defined in Code of Federal Regulations, title 40, section 60.2;
D. a statement of whether the owner or operator will base records required under subpart 3 on the purchase or the use of VOC-containing or hazardous air pollutant-containing materials and on the purchase or use of fuels;
E. the calculations required by subpart 4, and the total actual emissions per pollutant that result from those calculations. A stationary source in which the only hazardous air pollutant (HAP) emissions are VOC emissions and that has actual VOC emissions less than five tons per year is not required to calculate emissions of HAPs. If the stationary source has not been operated, the owner or operator shall estimate actual emissions during normal operation in performing the calculations required by subpart 4. If the stationary source has been operated less than 12 months on the date of application under this part, the owner or operator shall estimate actual emissions by multiplying by 12 the larger of the following:
F. if the calculations required by subpart 4 used control equipment efficiencies for listed control equipment determined by part 7011.0070, a copy of the portion of the control equipment manufacturer's specifications with the operating parameters required to be monitored under part 7011.0080 highlighted, and if the efficiency is based on an alternative control efficiency under part 7011.0070, subpart 2, a copy of the performance test plan with the operating parameters highlighted. The owner or operator of a hot mix asphalt plant shall provide a copy of the portion of the control equipment manufacturer's specifications with the operating parameters required to be monitored under part 7011.0917, subpart 7, or the information to support an alternative operating range required by part 7011.0917, subpart 1; and
G. if the calculations required by subpart 4 used emission factors established by a performance test approved by the commissioner under parts 7017.2001 to 7017.2060 and reflected use of control equipment that is not listed in part 7011.0070, a copy of the portion of the control equipment manufacturer's specifications which includes the operating parameters. If the emissions are discharged to the control equipment through a hood, then the owner or operator must evaluate, on a form provided by the commissioner, whether the hood conforms to the design and operating practices recommended in "Industrial Ventilation - A Manual of Recommended Practice, American Conference of Governmental Industrial Hygienists," and must include with the permit application the certification required in part 7011.0072, subpart 2. Insignificant activities at the stationary source listed in part 7007.1300, subparts 2 and 3, or conditionally insignificant activities, are not required to be included in the application.
**Subp. 3. Compliance requirements.**
Unless a stationary source is eligible under subpart 3a, the owner or operator of a stationary source issued a permit under this part must comply with items A to J and subparts 6 to 9.
A. If the stationary source determined eligibility in the permit application, in whole or in part, by calculating VOC and hazardous air pollutant actual emissions from VOC-containing or hazardous air pollutant-containing materials, purchased or used (whichever was stated in the permit application), the owner or operator must:
B. If the stationary source determined eligibility in the permit application, in whole or in part, by using fuel burned in the calculations in subpart 4, the owner or operator must:
C. If the stationary source qualified in the permit application, in whole or in part, by using hours of operation in the calculations in subpart 4, the owner or operator must:
D. If the stationary source determined eligibility in the permit application, in whole or in part, by calculating actual emissions under subpart 4 based on the quantity of material handled or throughput, or product produced, the owner or operator must:
E. The owner or operator must recalculate and record by the last day of each month, pursuant to subpart 4, the 12-month rolling sum of actual emissions from the stationary source for the previous 12 months, the date the calculation was made, and the calculation itself. This calculation must include all emissions units at the stationary source and the information required by subpart 4, item B, subitem (3), if continuous emissions monitor (CEM) data is used in the calculation. This calculation need not include emissions from insignificant activities under part 7007.1300, subparts 2 and 3, or conditionally insignificant activities.
F. The 12-month rolling sum of actual emissions from the stationary source determined pursuant to subpart 4 must not exceed the thresholds in subpart 5 for any pollutant.
G. If the stationary source determined eligibility in the permit application, in whole or in part, by using fuel sulfur data in the calculations in subpart 4, the owner or operator must:
H. If the stationary source determined eligibility in the permit application, in whole or in part, by using hours of operation in the calculations in subpart 4, the owner or operator must:
I. If the stationary source determined eligibility in the permit application, in whole or in part, by calculating actual emissions as CO2e of hydrofluorocarbons, perfluorocarbons, nitrous oxide, and sulfur hexafluoride, purchased or used (whichever was stated in the permit application), the owner or operator must:
J. If the stationary source determined eligibility in the permit application, in whole or in part, by calculating actual emissions as CO2e of carbon dioxide, nitrous oxide, or methane resulting from a chemical process such as fermentation, wastewater treatment, or decomposition, the owner or operator must:
**Subp. 3a. Compliance requirements for low-emitting sources.**
If the actual emissions for the previous calendar year of each pollutant are less than the emission eligibility limits for each pollutant listed in item F, then the owner or operator must comply with items A to H and subparts 6 to 9.
A. If the stationary source determined eligibility in the permit application, in whole or in part, by calculating greenhouse gases (GHGs) as CO2e, VOC, and HAP actual emissions from GHGs-containing, VOC-containing, or HAP-containing materials, purchased or used (whichever was stated in the permit application), the owner or operator must:
B. If the stationary source determined eligibility in the permit application, in whole or in part, by using fuel burned in the calculations in subpart 4, the owner or operator must:
C. If the stationary source determined eligibility in the permit application, in whole or in part, by using hours of operation in the calculations in subpart 4, the owner or operator must:
D. If the stationary source determined eligibility in the permit application, in whole or in part, by calculating actual emissions under subpart 4 based on the quantity of material handled or throughput, or product produced, the owner or operator must:
E. By April 1 of each calendar year, the owner or operator must calculate and record, pursuant to subpart 4, the sum of actual emissions from the stationary source, and the calculation itself for the previous calendar year. This calculation must include all emissions units at the stationary source, except for insignificant activities under part 7007.1300, subparts 2 and 3, and the information required by subpart 4, item B, subitem (3), if continuous emissions monitor (CEM) data is used in the calculation. The sum of actual emissions for each pollutant from the stationary source must not exceed the emission eligibility limits in item F for any pollutant. If the emission eligibility limit in item F is exceeded for any pollutant, then the stationary source is no longer eligible under this subpart and must comply with subpart 3 and have actual emissions for each pollutant below the eligibility limits in item F for two consecutive calendar years before eligibility for this subpart is reinstated.
F. The emission eligibility limits for reduced record keeping under this part are:
G. If the stationary source determined eligibility in the permit application, in whole or in part, by using fuel sulfur data in the calculations in subpart 4, the owner or operator must:
H. If the stationary source determined eligibility in the permit application, in whole or in part, by using hours of operation in the calculations in subpart 4, the owner or operator must:
**Subp. 4. Calculating actual emissions.**
The owner or operator of a stationary source may use a calculation worksheet provided by the commissioner for calculating actual emissions under this part or may use the calculation methods under items A to E. The owner or operator must calculate actual emissions for each emissions unit, except that similar emissions units may be aggregated for emission calculation purposes. The owner or operator of a stationary source must use the calculation method in item B instead of the calculation method in item A if the data described in item B are available for the stationary source. The alternative methods described in items C, D, and E may be used by the owner or operator without advance notification to the commissioner. The commissioner must reject data submitted using the methods described in items B to E if the conditions set forth for the method are not fully met. To prevent double counting of emissions, the owners and operators must select one calculation method under this subpart for each emissions unit at the stationary source. Fugitive dust emissions must be included in the calculations under this subpart only if the stationary source is in a category listed in part 7007.0200, subpart 2, item B, subitems (1) to (27).
A. All calculations of actual emissions required under this part shall be based on the stationary source's operating parameters, and must use the following equation: E = OP x UEF x [1-CE], where E = Actual Emissions in tons per year OP = Operating Parameter as required by the Uncontrolled Emission Factor (hours of operation or units produced) UEF = Uncontrolled Emission Factor (pounds of pollutant per hour of operation or units produced) as defined in part 7005.0100, subpart 10a, for uncontrolled emissions CE = Control Efficiency (percent expressed as a decimal fraction of 1.00) determined according to part 7011.0070 for listed control equipment.
B. If the owner or operator of the stationary source has collected emissions data through use of a continuous emission monitor (CEM) in compliance with the preconditions in subitems (1) and (2), the owner or operator shall use the CEM data to calculate actual emissions, the calculation shall be based on all of the CEM data, and the following requirements shall be met:
C. Emission factors from performance tests may be used for the calculation of actual emissions, provided that:
D. A material balance method may be used to calculate greenhouse gases as CO2e and VOC actual emissions. The owner or operator of a stationary source that uses material balance to calculate greenhouse gases as CO2e and VOC actual emissions must determine total greenhouse gases as CO2e and VOC actual emissions (E) using the equation in this item. A separate calculation must be made for each individual gas comprising the pollutant greenhouse gases and the results converted to CO2e. The amount of CO2e from each individual gas comprising the pollutant greenhouse gases must be added together for the total tons per year of CO2e. E = (a - b - c) x (1 - d), where a = the amount of VOC or each individual gas comprising the pollutant greenhouse gases entering the process or the amount of carbon dioxide, nitrous oxide, or methane generated, plus any VOC or greenhouse gas that is recycled or reused in the process. A signed statement from the supplier or the material safety data sheet must be submitted stating the maximum amount of VOC or each individual gas comprising the pollutant greenhouse gases in any material that was used in the process. A VOC or greenhouse gas that is recycled or reused means a VOC or greenhouse gas that undergoes reclamation or reuse, as defined in part 7045.0020. b = the amount of VOC or each individual gas comprising the pollutant greenhouse gases incorporated permanently into the product. This includes VOCs or each individual gas comprising the pollutant greenhouse gases chemically transformed in production. It does not include latent VOC or each individual gas comprising the pollutant greenhouse gases remaining in the product that will at some time be released to the atmosphere. An explanation of this calculation must also be submitted. c = the amount of VOC or each individual gas comprising the pollutant greenhouse gases, if any, leaving the process as waste, or otherwise not incorporated into the product and not emitted to the air. d = the control efficiency (percent expressed as a decimal fraction of 1.00) determined according to part 7011.0070.
E. The owner or operator of a stationary source may determine sulfur dioxide actual emissions by measuring the sulfur content of the fuel and assuming that all of the sulfur in the fuel is oxidized to sulfur dioxide. The sulfur content of each batch of fuel received must be measured by an independent laboratory using ASTM methods or verified by vendor certification. The sulfur dioxide actual emissions shall be determined for each batch of fuel received by using the following equation: SO2 = %S/100 x F/2,000 x 2, where SO2 = Sulfur dioxide emissions from a batch of fuel in tons. %S = Weight percent sulfur in the fuel being burned. F = Amount of fuel burned by weight in pounds. 2,000 = Pounds per ton. 2 or 64/32 = Pounds of sulfur dioxide per pound of sulfur in one pound-mole. The total sulfur dioxide emissions for the year shall be the sum total of the individual batch totals.
**Subp. 5. Emissions thresholds.**
The owner or operator must calculate actual emissions for the stationary source using the calculations under subpart 4 and the calculated 12-month rolling sum of actual emissions must be less than or equal to the thresholds listed in Table 3.
TABLE 3
OPTION D EMISSIONS THRESHOLDS
**Subp. 6. General requirements; control equipment not listed in part 7011.0070.**
A. The owner or operator may operate control equipment not listed in part 7011.0070 before conducting a performance test and establishing an emission factor, but the owner or operator must calculate actual emissions assuming an uncontrolled emission factor for the period of operation before the date the performance test is conducted.
B. If the stationary source qualified in the permit application, in whole or in part, or demonstrates compliance, in whole or in part, by using an emission factor determined through a performance test that reflects the use of control equipment that is not listed in part 7011.0070, the owner or operator must:
**Subp. 7. General requirements; control equipment listed in part 7011.0070.**
If the stationary source qualified in the permit application, in whole or in part, by using control equipment efficiencies for control equipment listed under part 7011.0070, the owner or operator must comply with parts 7011.0060 to 7011.0080, except that the owner or operator of a hot mix asphalt plant must comply instead with part 7011.0917. If the calculations required by subpart 4 used control equipment efficiencies based on an alternative control efficiency under part 7011.0070, subpart 2, the owner or operator must also comply with the operating parameters of the performance test that established the alternative control efficiency.
**Subp. 8. Inventory of emission points.**
If the calculation of actual emissions required by subpart 2, item E, for the application; by subpart 3, item E; or by subpart 3a, item E, for compliance verification exceeds five tons per year of sulfur dioxide or particulate matter less than ten microns, the owner or operator must maintain the information under items A to C at the stationary source for all emission units. If the commissioner requests any of the information in items A to C, the owner or operator must submit the information within 45 days of the request on a form provided by the commissioner:
A. the location of the emission points;
B. the potential emissions, as defined in part 7007.0150, subpart 4, in pounds per hour of sulfur dioxide and PM-10; and
C. the gas flow rate and temperature, stack height, and diameter.
**Subp. 9. Complying with registration permit general conditions.**
An owner or operator operating under this part must:
A. comply with the requirements of part 7007.1110; and
B. comply with all other applicable requirements, including new source performance standards.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1345; 20 SR 2316; 20 SR 2253(NO. 42); 21 SR 165; 22 SR 1237; 23 SR 1764; 23 SR 2224; 27 SR 1579; 28 SR 1482; 32 SR 904; 37 SR 991; 46 SR 1209*
##### **Minn. R. 7007.1140** Capped Permit Eligibility Requirements {#sec-7007.1140 omnilex-key=us-mn-regs-official--agency-167--7007.1140}
**Subpart 1. Eligible sources.**
Owners and operators of a stationary source that qualifies for capped permit option 1 under part 7007.1141, subpart 1, or capped permit option 2 under part 7007.1141, subpart 2, may elect to apply to the commissioner for a capped permit instead of a part 70, state, registration, or general permit, except as provided in item B. The owners and operators of a stationary source may apply for a capped permit under this part if the stationary source meets the following criteria:
A. The owners and operators apply for capped permit option 1 or capped permit option 2 and meet the requirements of subitems (1) or (2).
B. The 12-month rolling sum of actual emissions at the stationary source for each pollutant is less than or equal to the thresholds in option 1 or option 2. If the source has not been operated or has operated for less than 12 months, the 12-month sum of estimated actual emissions is less than or equal to the thresholds in part 7007.1141.
C. The owner or operator does not anticipate making changes in the next year which will cause the stationary source's 12-month rolling sum of actual emissions to exceed any threshold in tons per year listed in part 7007.1141.
D. The owner or operator complies with part 7007.1148, ambient air quality assessment.
**Subp. 2. Ineligible sources.**
A. Owners and operators of a stationary source may not obtain a capped permit if they are required to obtain a permit under parts 7007.0200, subpart 3, acid rain affected sources; 7007.0200, subpart 4, solid waste incinerators and waste combustors; 7007.0200, subpart 5, other part 70 sources; 7007.0250, subpart 3, state implementation plan required state permit; or 7007.0250, subpart 6, waste combustors.
B. A stationary source may not obtain a capped permit if air quality specific conditions or limits not contained in parts 7007.1140 to 7007.1148 were assumed:
C. A stationary source may not obtain a capped permit if it produces fuel grade ethanol or if a sector-based state general permit is available except as allowed under part 7007.1100, subpart 2.
D. A stationary source may not obtain a capped permit if the commissioner determines site-specific permit requirements are needed to ensure compliance with applicable requirements or to protect human health or the environment.
E. No stationary source may obtain a capped permit if it is subject to a new source performance standard other than one of the following:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 626; 32 SR 904; 37 SR 991*
##### **Minn. R. 7007.1141** Capped Permit; Emission Thresholds {#sec-7007.1141 omnilex-key=us-mn-regs-official--agency-167--7007.1141}
**Subpart 1. Option 1 emission thresholds.**
A. HAP, 9.0 tons per year for a single HAP, 20 tons per year total for all HAPs;
B. PM, 90 tons per year;
C. PM-10, 90 tons per year;
D. VOC, 90 tons per year;
E. SO2, 90 tons per year;
F. NOx, 90 tons per year;
G. CO, 90 tons per year;
H. Pb, 0.50 tons per year; and
I. CO2e, 90,000 tons per year.
**Subp. 2. Option 2 emission thresholds.**
A. HAP, 8.0 tons per year for a single HAP, 20 tons per year total for all HAP's;
B. PM, 75 tons per year;
C. PM-10, 75 tons per year;
D. VOC, 85 tons per year;
E. SO2, 90 tons per year;
F. NOx, 85 tons per year;
G. CO, 85 tons per year;
H. Pb, 0.50 tons per year; and
I. CO2e, 85,000 tons per year.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 626; 37 SR 991*
##### **Minn. R. 7007.1142** Capped Permit; Issuing and Changing Permit Status {#sec-7007.1142 omnilex-key=us-mn-regs-official--agency-167--7007.1142}
**Subpart 1. Issuing, denying, and revoking capped permit.**
A. To be eligible to receive a capped permit and for the commissioner to issue a capped permit, the owners and operators of a stationary source must meet the following conditions:
B. The commissioner shall deny an application for a capped permit if the commissioner determines that the stationary source does not qualify for the capped permit option under parts 7007.1140 to 7007.1148 for which the application was submitted or that the stationary source will not be able to comply with the capped permit. The grounds for permit denial in parts 7007.1000, subpart 1, item H, and part 7007.1000, subpart 2, items B to G, also constitute grounds for the commissioner to deny a capped permit application.
C. The commissioner may revoke a capped permit, if the commissioner finds that any of the grounds under subpart 6 or under part 7007.1700, subpart 1, exist, by following the procedure in part 7007.1700, subpart 2.
**Subp. 1a. Changes that trigger new source performance standards.**
If a change or modification made at a stationary source that is operating under a capped permit results in the stationary source being subject to a new source performance standard listed under part 7007.1140, subpart 2, item E, or if the change or modification adds an emissions unit subject to the standards listed in part 7007.0300, the owner or operator must submit to the commissioner:
A. the information required by the standard by the time specified in the standard;
B. written notice that contains a description of the change; and
C. a copy of the applicable new source performance standard part, with the applicable portions of the new source performance standard highlighted, including the applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, as amended, or a new source performance standard form provided by the commissioner that identifies applicable portions of the new source performance standard.
**Subp. 2. Changes or modifications; ineligibility for permit option.**
If the owner or operator intends to make a change or modification at a stationary source issued a capped permit which results in the stationary source becoming ineligible for that permit option or being unable to meet the requirements for that permit option, but which will result in the stationary source being eligible for the other capped permit option, then the owner or operator must comply with items A to C.
A. The owners and operators must submit the required permit application to the commissioner before making the change or beginning actual construction on the modification. The public participation process in part 7007.1144 does not apply to applications in which a stationary source is transferring from one capped permit option to another.
B. The owner or operator may make the change or begin actual construction on and start-up of the modification proposed in the permit application seven working days after the permit application is received by the commissioner.
C. Until the commissioner acts on the permit application, the owner or operator must comply with the requirements of the capped permit option for which the owners and operators applied, and all applicable requirements. During this time period, the owner or operator need not comply with the capped permit requirements specific to the option under which the owners and operators currently hold a capped permit.
**Subp. 3. Changes or modifications; ineligibility for capped permit.**
The owners and operators of a stationary source that has been issued a capped permit must submit a registration, part 70, state, or general permit application before making a change or modification which results in the stationary source no longer qualifying for either capped permit option under parts 7007.1140 to 7007.1148. The owner or operator may not begin actual construction on the modification until the required registration, part 70, state, or general permit for the stationary source is obtained, or an installation and operation permit for the modification is obtained under part 7007.0750, subpart 5. Once a stationary source has made a change or modification rendering it ineligible for either capped permit option under parts 7007.1140 to 7007.1148, the stationary source may only become eligible for a capped permit again if it meets the requirements of subpart 4.
**Subp. 3a. Regulatory changes; ineligibility for capped permit.**
A. If a stationary source covered by a capped permit becomes subject to a new regulatory requirement that results in the stationary source no longer being able to qualify for or meet the requirements for the current permit, then the owners and operators must:
B. The owners and operators must submit the required permit application for the appropriate air emission permit within the time limits given in item A. If the owners and operators fail to submit the required permit application in the time required, the owners and operators are considered to not hold a valid permit and are in violation of part 7007.0150, subpart 1.
**Subp. 4. Reinstating eligibility.**
If through the addition of listed control equipment as defined in part 7011.0060, permanent removal of emissions units, or implementation of pollution prevention practices the stationary source reinstates eligibility for a capped permit under parts 7007.1140 to 7007.1148, the owners and operators may reapply for a capped permit. If the stationary source reinstates eligibility for a capped permit due to implementation of pollution prevention practices, the owner or operator shall submit a description of the pollution prevention practices with the capped permit application for the commissioner's review and approval. For purposes of this subpart, "pollution prevention practices" means eliminating or reducing at the source the quantity or toxicity of regulated air pollutants, or hazardous air pollutants that are not regulated air pollutants, used by or emitted from the stationary source. Emission reductions are not reductions if the decrease is solely the result of a decrease in production at the stationary source.
**Subp. 5. Changing name, ownership, or control.**
A. Prior to a change of the name of the stationary source or any mailing address listed in the permit, the owners and operators must submit a request for change of the name or address on a form provided by the commissioner. The commissioner shall reissue the capped permit to the owners and operators with the changed name or mailing address. Issuance of a capped permit with a new name or mailing address voids and supersedes the previously issued capped permit.
B. Prior to a change in the ownership or control of a stationary source issued a capped permit under parts 7007.1140 to 7007.1148, the new owners and operators must submit a request for change of the owner or operator on a form provided by the commissioner. If the commissioner determines that the new owners and operators meet the requirements of parts 7007.1140 to 7007.1148 for capped permit issuance, then the commissioner shall issue the capped permit to the new owners and operators. Issuance of a capped permit to the new owners and operators of an eligible stationary source voids and supersedes the capped permit of the previous owners and operators.
C. Public participation procedures in part 7007.1144 do not apply to the issuance of a capped permit for a change of stationary source name, mailing address, ownership, or control.
**Subp. 6. Agency request for different type of permit application.**
The owners and operators shall submit an application for a part 70, state, or general permit, or a different capped permit option, within 120 days of the commissioner's written request for the application if the commissioner determines that:
A. the stationary source has a history of noncompliance with applicable requirements or with its capped permit;
B. the stationary source no longer qualifies for its capped permit;
C. the stationary source qualifies for the other capped permit option under parts 7007.1140 to 7007.1148;
D. the applicable requirements to which the stationary source is subject are about to or have changed substantially;
E. the permit application contains material mistakes or inaccurate statements to establish eligibility for the emissions standards, limitations, or other terms or conditions of the permit;
F. alterations or modifications to the permitted facility will result in or have the potential to result in significant alteration in the nature or quantity of regulated air pollutants to be emitted by the permittee; or
G. the commissioner receives information previously unavailable to the commissioner that shows that the terms and conditions of the permit do not accurately represent the actual circumstances relating to the permitted facility.
**Subp. 7. Voiding existing permit.**
The commissioner shall void a part 70, state, or registration permit for a stationary source which is issued a capped permit. A stationary source that is covered under the terms of a general permit is no longer covered by the general permit when it is issued a capped permit. The commissioner shall void a capped permit issued under one capped permit option for a stationary source that is issued a capped permit for a different capped permit option. The commissioner shall void a capped permit for a stationary source that is issued a registration, part 70, state, or general permit.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 29 SR 626; 37 SR 991; 41 SR 763*
##### **Minn. R. 7007.1143** Capped Permit; General Requirements {#sec-7007.1143 omnilex-key=us-mn-regs-official--agency-167--7007.1143}
**Subpart 1. Capped permit certifications.**
A responsible official, as defined in part 7007.0100, subpart 21, shall sign and certify any capped permit application, report, compliance certifications, and record keeping, testing, or monitoring submitted pursuant to parts 7007.1140 to 7007.1148 with regard to truth, accuracy, and completeness. The certification and any other certification required by parts 7007.1140 to 7007.1148 must state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. The certification that is submitted with a capped permit application must additionally state that the stationary source will be operated in compliance with all applicable requirements, and must be signed by a responsible official of both the owner and the operator of the stationary source if they are not the same.
**Subp. 2. Capped permit content.**
A capped permit must identify the stationary source, the owner and operator of the stationary source, where the stationary source is allowed to operate, and shall state as follows: "The permittee shall comply with Minnesota Rules, parts 7007.1140 to 7007.1148, that pertain to capped permit [insert option 1 or option 2 whichever one applies], and all applicable requirements, including development of a compliance plan and all record keeping, monitoring, and reporting described in parts 7007.1140 to 7007.1148."
**Subp. 3. Emission inventory required.**
The owner or operator of a stationary source issued a capped permit under parts 7007.1140 to 7007.1148 must submit an annual emission inventory to the commissioner under parts 7019.3000 to 7019.3100.
**Subp. 4. Record retention; access to records; inspections.**
A. The owner or operator of a stationary source issued a capped permit under parts 7007.1140 to 7007.1148 must maintain at the stationary source for a period of five years from the date the record was made all information required to be recorded under applicable state and federal rules and parts 7007.1140 to 7007.1148. The owner or operator must make these records available for examination and copying upon request of the commissioner, and must upon request submit these records to the commissioner by the time specified by the commissioner in the request. A stationary source with a capped permit may maintain records at an office of the owner or operator of the stationary source for all years prior to the current calendar year of operation.
B. The owner or operator of a stationary source issued a capped permit under parts 7007.1140 to 7007.1148 must provide the commissioner, or an authorized representative or agent of the commissioner, access to the stationary source, including allowing the collection of samples, and records to the extent provided under Minnesota Statutes, section 116.091, or other law, upon presentation of credentials and other documents required by law.
C. Nothing in this subpart shall be read to limit the commissioner's, agency's, or administrator's authority under Minnesota Statutes, section 116.091, section 114 of the act, or other law.
**Subp. 5. No circumvention; permit shield.**
A. The owner or operator of a stationary source that obtains a capped permit is subject to enforcement action for operation without a permit if the commissioner later determines that the stationary source does not qualify for the capped permit.
B. The permit shield under part 7007.1800 does not apply to capped permits.
**Subp. 6. Operating in more than one location.**
Upon application, an applicant may request that the capped permit allow a stationary source to be operated in more than one location. If more than one location is proposed in the permit application, the owner or operator must identify all geographic areas where the stationary source is authorized to operate during the course of the permit.
**Subp. 7. General conditions.**
Capped permits issued by the commissioner under parts 7007.1140 to 7007.1148 must include the general conditions in items A to O, which are included in the permit by reference to this part as a whole.
A. Unchallenged provisions of the permit remain valid despite any successful challenges to specific portions of the permit.
B. The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of state law and, if the provision is federally enforceable, of the act. The violation is grounds for enforcement action by the commissioner, the agency, or the EPA or for permit revocation.
C. It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
D. The permit may be revoked for cause as provided in part 7007.1142, subpart 1. The filing of a request by the permittee for a different type of permit, a different capped permit option, revocation or termination of the permit, or a notification of planned changes or anticipated noncompliance does not stay any permit condition, except as specifically provided in part 7007.1142, subpart 2.
E. The permit does not convey any property right of any sort or any exclusive privilege.
F. The permittee shall furnish to the commissioner, within a reasonable time, any information that the commissioner may request in writing to determine whether cause exists for revoking the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the commissioner copies of records to be kept by the permittee.
G. The commissioner's issuance of the permit does not release the permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain a permit.
H. The commissioner's issuance of the permit does not prevent the future adoption by the agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the permittee.
I. The commissioner's issuance of the permit does not obligate the commissioner to enforce local laws, rules, or plans beyond that authorized by Minnesota Statutes.
J. The permittee shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.
K. The permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the commissioner by the permit. The permittee shall immediately upon discovery report to the commissioner an error or omission in these records, reports, plans, or other documents. The permittee may not falsify, tamper with, render inaccurate, or fail to install any monitoring device or method required to be maintained or followed by the permit.
L. The permittee shall, when requested by the commissioner, submit within a reasonable time any information and reports that are relevant to pollution or the activities authorized under the permit.
M. If the permittee discovers, through any means, including notification by the commissioner, that noncompliance with a condition of the permit has occurred, the permittee shall immediately take all reasonable steps to minimize the adverse impact on human health or the environment resulting from the noncompliance.
N. The permit is not transferable to any person.
O. The permit authorizes the permittee to perform the activities described in the permit under the conditions of the permit. In issuing the permit, the state, the agency, and the commissioner assume no responsibility for damages to persons, property, or the environment caused by the activities of the permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under the permit. To the extent the state, the agency, and the commissioner may be liable for the activities of their employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.376.
**Subp. 8. Inapplicable parts.**
Parts 7007.0500; 7007.0501; 7007.0600 to 7007.0950; 7007.1000, subpart 1, items A to G; 7007.1100 to 7007.1130; 7007.1150 to 7007.1250; 7007.1350 to 7007.1650; and 7007.1800 do not apply to capped permits issued under parts 7007.1140 to 7007.1148.
**Subp. 9. Applicable parts.**
Parts 7007.1140 to 7007.1148 continue to apply to a stationary source issued a capped permit until a new capped, registration, state, part 70, or general permit is issued to the stationary source or the commissioner determines that the stationary source does not require any air emissions permit under part 7007.1050, subpart 7.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 626; 46 SR 1209*
##### **Minn. R. 7007.1144** Capped Permit; Public Participation {#sec-7007.1144 omnilex-key=us-mn-regs-official--agency-167--7007.1144}
**Subpart 1. Notice of applications received.**
The commissioner must post notice of receiving an application for a capped permit on the agency website for air permits at www.pca.state.mn.us/air/capped-air-emission-state-permit. A person may request to receive notification from the agency of applications received.
**Subp. 2. Contents of notice.**
The notice must identify the name and location of the facility to be permitted; the facility's primary Standard Industrial Classification code and short title; whether it is an existing facility or a new facility; a brief description of the comment procedures required by this part including the dates on which the comment period commences and terminates; and the name, address, telephone number, and electronic mail address of a person from whom interested persons may obtain additional information, including copies of the application and information on facility emissions.
**Subp. 3. Length of comment period.**
The agency shall provide 30 calendar days for comment.
**Subp. 4. Contents of written comments.**
During the comment period established under subpart 3, an interested person may submit written comments on the eligibility of the applicant for the capped permit. A person who submits comments under this subpart shall include:
A. a statement of the person's interest in the permit application and any information related to a facility's eligibility for the capped permit;
B. a statement of the action the person wishes the agency to take; and
C. the reasons supporting the person's position, stated with sufficient specificity as to allow the commissioner to investigate the merits of the person's positions.
**Subp. 5. Petition for contested case hearing; exemptions.**
A. During the 30-day comment period, the person may also submit a petition for a contested case hearing on the application pursuant to part 7000.1800. The decision to grant or deny the petition for a contested case hearing must be based on the criteria in part 7000.1900, and any hearing must be held according to parts 7000.1750 to 7000.2200.
B. Item A and subparts 3 and 4 do not apply to applications under part 7007.1142, subparts 2 and 5, in which a stationary source is transferring from one capped permit option to another or there is a change in name, mailing address, ownership, or control of the stationary source.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 626; 43 SR 797; 46 SR 1209*
##### **Minn. R. 7007.1145** Capped Permit Application {#sec-7007.1145 omnilex-key=us-mn-regs-official--agency-167--7007.1145}
**Subpart 1. Application procedures and request for additional information.**
Items A to C apply to capped permit applications submitted under parts 7007.1140 to 7007.1148.
A. The owners and operators of a stationary source must submit an application for a capped permit on a current standard application form provided by the commissioner. The owners and operators may supplement information in a previous application to meet the application content requirements in subpart 2. The commissioner may create different application forms for the two capped permit options available under parts 7007.1140 to 7007.1148.
B. Any owner or operator of a stationary source who fails to submit any relevant facts or who has submitted incorrect information in an application for a capped permit shall, upon becoming aware of the failure or incorrect information, promptly submit to the commissioner the supplementary facts or corrected information. This requirement applies both while the permit application is pending before the commissioner and after a capped permit is issued.
C. If the commissioner determines during review of the application that additional information is needed to evaluate the capped permit application or to verify that the stationary source qualifies for a capped permit under parts 7007.1140 to 7007.1148, the commissioner may request the information from the applicant, and the applicant shall submit the information to the commissioner by the date specified in the request.
**Subp. 2. Information required.**
This subpart describes the standard information that is required in a capped permit application. This subpart does not limit the agency's statutory authority for requiring information in addition to that which is specifically listed. Applicants must submit the following information as required by the standard application form:
A. The owners and operators shall specify whether they are applying for capped permit option 1 or 2 under part 7007.1141 at the time of application.
B. Information identifying the stationary source and its owners and operators, including company name and address, plant name and address if different from the company name, owner's name and agent, and contact telephone numbers and electronic mail address, including the name of a plant site manager or contact, and the person preparing the application if different.
C. A description of the stationary source's processes and products, by Standard Industrial Classification (SIC) code and North American Industry Classification System (NAICS).
D. The following emissions-related information:
E. A complete listing of the citations and titles of all applicable requirements to which the permittee is subject. Citations must be to the latest codification of the regulatory requirements at the time of application.
F. The applicant may request the agency to allow in the permit for the stationary source to operate at more than one location during the term of the permit. This option is available only under the conditions in part 7007.1143, subpart 6.
G. A description of the compliance status of the stationary source with respect to all applicable requirements and the requirements of parts 7007.0100 to 7007.1850.
**Subp. 3. Environmental review.**
The applicant shall state in the application whether an environmental assessment worksheet or an environmental impact statement is required for the activity for which the permit is sought under Minnesota Statutes, chapter 116D, or implementing regulations, or under United States Code, title 42, sections 4331 et seq., as amended.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 626; 37 SR 991; 43 SR 797*
##### **Minn. R. 7007.1146** Capped Permit; Compliance Requirements {#sec-7007.1146 omnilex-key=us-mn-regs-official--agency-167--7007.1146}
**Subpart 1. Compliance requirements.**
The owner and operator of the stationary source issued a capped permit must:
A. comply with parts 7007.1140 to 7007.1148;
B. comply with all applicable requirements;
C. for the 12-month rolling sum of actual emissions from the stationary source determined pursuant to part 7007.1146, not exceed the applicable thresholds in part 7007.1141 for any pollutant;
D. for the sum of actual NOx emissions from the stationary source in a calendar year determined under this part, not exceed the estimated future annual NOx emissions in units of tons per year used to comply with part 7007.1148; and
E. if a stationary source qualifies for a capped permit, but has less than 12 months of emissions data, calculate the emission limit each month during normal operation for the first 12 months under capped permit option 1 or 2 on a form provided by the commissioner which uses one of the following formulas:
**Subp. 2. Record-keeping requirements.**
The owners and operators of a stationary source issued a capped permit must comply with all requirements relevant to the stationary source in items A to G. The owners and operators of a stationary source issued a capped permit must comply with items H and I at all times.
A. If the stationary source determined eligibility in the permit application, in whole or in part, or demonstrates compliance, in whole or in part, by using a material balance that relies on the content of materials in the calculations in part 7007.1147, the owner or operator must:
B. If the stationary source determined eligibility in the permit application, in whole or in part, or demonstrates compliance, in whole or in part, by using the quantity of fuel purchased or used in the calculations in part 7007.1147, the owner or operator must:
C. If the stationary source determined eligibility in the permit application, in whole or in part, or demonstrates compliance, in whole or in part, by using fuel sulfur data in the calculations in part 7007.1147, the owner or operator must:
D. If the stationary source determined eligibility in the permit application, in whole or in part, or demonstrates compliance, in whole or in part, by using hours of operation in the calculations in part 7007.1147, the owner or operator must:
E. If the stationary source determined eligibility in the permit application, in whole or in part, or demonstrates compliance, in whole or in part, by using the quantity of material handled or throughput, or product produced in the calculations in part 7007.1147, the owner or operator must:
F. If the stationary source qualified in the permit application, in whole or in part, or demonstrates compliance, in whole or in part, by using control equipment efficiencies for listed control equipment determined under part 7011.0070, the owners and operators shall comply with parts 7011.0060 to 7011.0080, except that the owners and operators of a hot mix asphalt plant shall comply instead with part 7011.0917. If the calculations required by part 7007.1147 used control equipment efficiencies based on an alternative control efficiency under part 7011.0070, subpart 2, the owners and operators shall also operate within the monitoring and operating parameters of the performance test that established the alternative control efficiency.
G. If a change made at a stationary source issued a capped permit results in the stationary source being subject to a new source performance standard listed under part 7007.1140, subpart 2, item E, or if the change adds an emissions unit subject to the standards listed in part 7007.0300, the owner or operator must submit to the commissioner:
H. The owner or operator must recalculate and record by the last day of each month, pursuant to part 7007.1147, the 12-month rolling sum of actual emissions from the stationary source for the previous 12 months, the date the calculation was made, and the calculation itself. This calculation must include all emissions units at the stationary source and the information required by part 7007.1147, subpart 2, item C, if continuous emissions monitor (CEM) data is used in the calculation. For capped option 1, this calculation need not include emissions from insignificant activities under part 7007.1300, subpart 2, or insignificant activities under part 7007.1300, subpart 3, for which emission factors do not exist or alternative emissions calculation methods do not exist. For capped option 2, this calculation need not include emissions from insignificant activities under part 7007.1300, subparts 2 and 3, or conditionally insignificant activities described in chapter 7008.
I. The owner or operator of a stationary source with a capped permit must keep daily operating records that would allow the owner or operator to calculate actual emissions of any pollutant for which a threshold has been established under part 7007.1141 for that period of time not previously accounted for in the 12-month rolling sum calculation required under item H. The owner or operator shall provide these records and calculations if requested to do so by the commissioner. If the capped permit was issued by January 2, 2011, the owner or operator must begin record keeping for greenhouse gases on January 2, 2011.
**Subp. 3. Prechange analysis.**
Prior to making a physical or operational change which increases emissions at a stationary source with a capped permit, the owner or operator must:
A. demonstrate that the estimated actual annual emissions at the stationary source using the methods in part 7007.1147 after the change is made are less than the applicable pollutant threshold in part 7007.1141;
B. if the change results in increased SO2, NOx, or PM-10 emissions, demonstrate, using a method in part 7007.1148, that ambient air quality standards will continue to be met after the change is made; and
C. keep records of the prechange analyses required under items A and B on site. The owner or operator may use worksheets provided by the agency for the demonstrations required under items A and B.
**Subp. 4. Compliance plan.**
A. The owner or operator of a stationary source must develop a written plan containing the following:
B. The owner or operator shall complete the compliance plan within 60 days of receiving a capped permit and keep a copy of the current compliance plan on site at all times. The owner or operator must update the plan within 15 working days after any change that would alter the elements of the plan as described under items A and B. If requested by the commissioner, the owner or operator shall provide a copy of the current compliance plan to the commissioner.
**Subp. 5. Reporting.**
An owner or operator of a source with a capped permit must submit to the commissioner the reports described under items A to E. All reports required under a capped permit must be certified by a responsible official consistent with part 7007.1143, subpart 1.
A. Deviation reporting time frames as described in subitems (1) and (2).
B. An annual compliance certification submitted by January 31 of each year to the agency. The certification shall be on a form approved by the commissioner and shall contain the following:
C. An annual emission inventory to the commissioner under parts 7019.3000 to 7019.3100. For the emissions inventory, the owner or operator shall use the same calculation methods it uses to demonstrate compliance with the thresholds in part 7007.1141.
D. A list of the equipment existing at the facility in a format specified by the commissioner. This list shall be submitted at the end of the previous calendar year with the emissions inventory required under item C.
E. If an owner or operator is allowed to operate in more than one location under part 7007.1143, subpart 6, notification to the commissioner at least 48 hours in advance of each change in location, providing the exact location where the source will operate and a statement that the source complies with part 7007.1148, ambient air quality assessment.
**History**
- *Statutory Authority: MS s 116.062; 116.07*
- *History: 29 SR 626; 37 SR 991; 46 SR 1209; 50 SR 365; 50 SR 369*
##### **Minn. R. 7007.1147** Capped Permit; Calculating Actual Emissions {#sec-7007.1147 omnilex-key=us-mn-regs-official--agency-167--7007.1147}
**Subpart 1. Methods used.**
The owner or operator of a stationary source may use a calculation worksheet provided by the commissioner for calculating actual emissions under this part that is based on the calculation methods in subparts 2 to 6 or may use the calculation methods under subparts 2 to 6. The owner or operator must calculate actual emissions for each material or fuel used in each emissions unit, except that similar emissions units may be aggregated for emission calculation purposes. The owner or operator of a stationary source must use the calculation method in subpart 2 if the data described in subpart 2 are available for an emissions unit. The owner or operator must use the calculation method in subpart 3 if the data described in subpart 3 are available, unless data described in subpart 2 are available. The alternative methods described in subparts 4, 5, and 6 may be used by the owner or operator without advance notification to the commissioner. The commissioner must reject data submitted using the methods described in subparts 2 to 6 if the conditions set forth for the method are not fully met. To prevent double counting of emissions, the owner or operator must select one calculation method under this subpart for each emissions unit at the stationary source. Fugitive dust emissions from activities listed in part 7007.1300, subpart 3, item G, must be included in the calculations under this subpart only if the stationary source is in a category listed in part 7007.0200, subpart 2, item B, subitems (1) to (27).
**Subp. 2. Continuous emission monitor data.**
If the owner or operator of the stationary source has collected emissions data through use of a continuous emission monitor (CEM) in compliance with the preconditions in items A and B, the owner or operator shall use the CEM data to calculate actual emissions, the calculation must be based on all of the CEM data, and the following requirements must be met:
A. the CEM has been certified by the commissioner;
B. the CEM data have not been rejected by the commissioner due to failure by the owner or operator to comply with all requirements of parts 7017.1002 to 7017.1220, parts 7007.1140 to 7007.1148, and any other applicable state or federal laws pertaining to CEM operation;
C. the total operating time of the applicable emissions unit and the total operating time of the CEM for the previous 12 consecutive months must be included in the permit application and in the monthly records required in part 7007.1146, subpart 2, item H; and
D. an explanation of how the emissions were calculated based on the CEM data must be included in the permit application and in the monthly records required in part 7007.1146. Except for facilities subject to part 7017.1020, for periods when the CEM is down and the emissions unit is operating, missing emissions data shall be substituted with CEM data recorded during a representative period of operation of the emissions unit, and, if applicable, of the control equipment operation during the same calendar year for which the inventory is being submitted. The CEM must have recorded data for at least 90 percent of the hours the emission unit was operated for the calendar year for which the inventory is being submitted. If substitute CEM data meeting these conditions is not available, emissions during periods of CEM downtime shall be calculated using performance test data as specified in subpart 3, or 4 if data is not available under subpart 3.
**Subp. 3. Performance test data.**
Emission factors from performance tests may be used for the calculation of actual emissions, provided that the performance tests met all the requirements of parts 7017.2001 to 7017.2060, and all other applicable state rules and federal regulations governing performance tests, except that alternative control efficiencies shall only be developed from performance tests conducted using control equipment listed in part 7011.0070. To use emission factors from performance tests, the owner or operator must conduct the performance test under worst case conditions, as defined in part 7017.2005, subpart 8. The owner or operator of a stationary source that uses an emission factor developed from a performance test shall use the calculation method under subpart 4. Any emission factor for VOC that is derived from a performance test must reflect, to the satisfaction of the commissioner, the actual mass of VOC compounds emitted.
**Subp. 4. General calculation method.**
All calculations of actual emissions required under this part shall be based on the stationary source's operating parameters, and must use the following equation:
E = OP x UEF x [1-CE] where:
E = actual emissions in tons per year.
OP = operating parameter as required by the uncontrolled emission factor (hours of operation, fuel purchased or used, quality of material handled or throughput, or product produced).
UEF = uncontrolled emission factor (pounds of pollutant per hour of operation or units produced) as defined in part 7005.0100, subpart 10a, for uncontrolled emissions.
CE = control efficiency (percent expressed as a decimal fraction of 1.00) determined according to part 7011.0070 for listed control equipment.
**Subp. 5. Material balance method.**
A material balance method may be used to calculate actual emissions. The owner or operator of a stationary source that uses material balance to calculate actual emissions must determine total actual emissions (E) using the following equation:
E = (a-b-c) x (1-d), where:
a = the amount of the relevant pollutant, such as VOC, particulate matter, or HAP, entering the process, plus any relevant pollutant recycled and reused in the process. A signed statement from the supplier or the material safety data sheet (MSDS) must be submitted stating the maximum amount of the pollutant in any material that was used in the process. If a material content range is given on the MSDS or by the supplier, the highest number in the range must be used for this calculation. A VOC that is recycled and reused means a VOC that undergoes reclamation or reuse, as defined in part 7045.0020.
b = the amount of the relevant pollutant incorporated permanently into the product. This includes VOCs chemically transformed in production. It does not include latent VOC remaining in the product that will at some time be released to the atmosphere. It also includes any solids transferred to the product during a coating operation. Technical justification for this calculation must also be submitted.
c = the amount of the relevant pollutant, if any, leaving the process as waste, or otherwise not incorporated into the product and not emitted to the air and the technical justification for this calculation. If the actual amount of the relevant pollutant in the waste is unknown, then c = 0.
d = the control efficiency (percent expressed as a decimal fraction of 1.00) determined according to part 7011.0070.
**Subp. 6. Fuel sulfur data.**
The owner or operator of a stationary source may determine sulfur dioxide actual emissions by measuring the sulfur content of the fuel and assuming that all of the sulfur in the fuel is oxidized to sulfur dioxide. The sulfur content of each batch of fuel received must be certified by the supplier or an independent laboratory. The sulfur content shall be determined using American Society for Testing and Materials (ASTM) methods. The sulfur dioxide actual emissions shall be determined by using the following equation:
SO2 = %S/100 x F/2,000 x 2, where:
SO2 = Sulfur dioxide emissions from a batch of fuel in tons.
%S = Weight percent sulfur in the fuel being burned.
F = Amount of fuel burned by weight in pounds.
2,000 = Pounds per ton.
2 or 64/32 = Pounds of sulfur dioxide per pound of sulfur in one pound-mole.
The total sulfur dioxide emission for the year must be the sum total of the individual batch totals.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 626; 43 SR 797; 46 SR 1209*
##### **Minn. R. 7007.1148** Ambient Air Quality Assessment {#sec-7007.1148 omnilex-key=us-mn-regs-official--agency-167--7007.1148}
**Subpart 1. Methods used.**
A. An owner or operator of a stationary source with emissions of SO2, PM-10, or NOx applying for a capped permit or a state permit with EMS provisions, or required to do a prechange analysis for a pollutant under part 7007.1146, subpart 3, must comply with either subpart 2 or 3 for each relevant pollutant (SO2, PM-10, and NOx). A stationary source with less than 12 months of emissions data or performing a prechange analysis under part 7007.1146, subpart 3, shall use estimated actual annual emissions for NOx. In performing this analysis, the stationary source shall not assume any specific limits or conditions not contained in parts 7007.1140 to 7007.1148. If a stationary source used control equipment efficiencies in parts 7011.0060 to 7011.0080 for calculations in part 7007.1147, then these efficiencies should be included in determining hourly potential emissions under this part.
B. Fugitive dust emissions from unpaved roads and parking lots do not need to be included for either of the methods unless the commissioner determines emissions from those fugitive dust sources may be large enough to significantly impact the assessment. Emission units with an hourly potential emission rate of less than 0.1 pounds per hour of PM-10, NOx, or SO2 do not need to be included in either of the methods.
**Subp. 2. CAPS electronic spreadsheet method.**
A. An owner or operator may use an electronic spreadsheet, called CAPS, provided by the agency to enter emissions data, and (1) stack height and distance to the property line, or (2) dispersion factors for each stack/vent at the stationary source to perform the ambient air quality assessment. The CAPS electronic spreadsheet is incorporated by reference and is available at the Minnesota Pollution Control Agency Internet site www.pca.state.mn.us/air/permits/capped.html. It is not subject to frequent change.
B. The owner or operator shall enter into the CAPS spreadsheet the potential emissions of SO2 and PM-10 in units of pounds per hour for each emissions unit at the stationary source for which calculations were performed under part 7007.1147 unless otherwise allowed by this part. The owner or operator shall enter into the CAPS spreadsheet the estimated future annual NOx emissions in units of tons per year which were calculated using the methods in part 7007.1147. The one-hour, three-hour, and 24-hour SO2; the 24-hour PM-10; and the annual NO2 concentrations predicted at and beyond the property line of the stationary source using the spreadsheet must be lower than the corresponding standard in part 7009.0080.
C. The owner or operator must use the default dispersion factors in CAPS or develop dispersion factors using the Minnesota Pollution Control Agency Dispersion Information Screening Procedures for Emission Risk Screening Evaluations (DISPERSE) program or the Environmental Protection Agency SCREEN3 program. DISPERSE or DISPERSE with Emphasis on DISPERSE Look-up Table and DISPERSE Batch Programs, Minnesota Pollution Control Agency (October 21, 2003) is incorporated by reference, is not subject to frequent change, and is available on the Minnesota Pollution Control Agency Internet site www.pca.state.mn.us/air/permits/capped.html. SCREEN3 is incorporated by reference in subpart 3.
**Subp. 3. SCREEN3 method.**
A. An owner or operator may use EPA's SCREEN3 model, or its most recent version, to perform the ambient air quality assessment. The owner or operator shall model potential SO2 and PM-10 emissions in units of pounds per hour and estimated future annual NOx emissions in units of tons per year using the most recent version of EPA's screen model.
B. SCREEN3 User's Guide, EPA-454/B-95-004, United States Environmental Protection Agency, Office of Air Quality Planning and Standards, September 1995, is incorporated by reference, is available at https://nepis.epa.gov, and is not subject to frequent change.
C. The owner or operator shall model the potential emissions of SO2 and PM-10 in units of pounds per hour for each emissions unit at the stationary source for which calculations were performed under part 7007.1147 unless otherwise allowed by this part. The owner or operator shall model the estimated future annual NOx emissions in units of tons per year which were calculated using the methods in part 7007.1147. The one-hour, three-hour, and 24-hour SO2; the 24-hour PM-10; and annual NO2 concentrations predicted at and beyond the property line of the stationary source using SCREEN3 must be lower than the corresponding standard in part 7009.0080.
D. When using SCREEN3 to estimate concentrations for standard averaging times longer than one hour, the owner or operator shall multiply the maximum one-hour concentration predicted by SCREEN3 by the following factors: 0.9 for the three-hour concentration, 0.4 for the 24-hour concentration, and 0.08 for the annual concentration.
E. The commissioner may request the owner or operator to provide the data used to complete the air quality assessment performed under this subpart or subpart 2.
F. Nothing in this part shall be construed to allow violation of any national or state ambient air quality standards. If the commissioner requests it, the owner or operator must demonstrate compliance with the national or state ambient air quality standards using an alternative method or for other pollutants and averaging times for which standards exist.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 626; 46 SR 1209*
##### **Minn. R. 7007.1150** Permit Amendment; When Required {#sec-7007.1150 omnilex-key=us-mn-regs-official--agency-167--7007.1150}
A. Parts 7007.1150 to 7007.1500 describe changes at a permitted stationary source that require a permit amendment or notice to the agency. Item C requires notice to the agency before pollution control equipment or replacement units with lower emissions are installed at a permitted stationary source. Parts 7007.1250 and 7007.1350 describe the two categories of modifications that may be made without obtaining a permit amendment, and the procedures that apply. Part 7007.1400 establishes the process for getting an administrative amendment to a permit. Part 7007.1450 establishes the process for getting a minor permit amendment, needed to make certain modifications resulting in emission increases below listed thresholds, and for getting moderate permit amendments, needed to make certain modifications resulting in emissions increases above the minor threshold levels. Part 7007.1500 establishes the process for getting major permit amendments, needed to make modifications that are not allowed under the other parts. Any modification that constitutes a Title I modification, as defined in part 7007.0100, subpart 26, may only be made under part 7007.1500. Part 7007.1200 describes how emission changes should be calculated under parts 7007.1250 to 7007.1500.
B. No modification, as defined in part 7007.0100, subpart 14, may be made to a stationary source that is required to have a permit under parts 7007.0100 to 7007.1850 unless the modification is allowed under part 7007.1250 or 7007.1350, or an amendment is obtained under part 7007.1450 or 7007.1500. Administrative changes to a permit issued under parts 7007.0100 to 7007.1850 shall be made under part 7007.1400. If a change at a facility does not constitute a modification, no permit amendment is required unless the change is described under part 7007.1500, subpart 1. If a change does not constitute a modification, notification may still be required under item C.
C. A written notice to the agency shall be sent by any person who, at a permitted stationary source, makes a change that: (i) does not increase emissions of any regulated air pollutant; (ii) does not constitute a Title I modification; and (iii) does not constitute any other type of modification, if the change is one of the following:
D. Nothing in parts 7007.1150 to 7007.1500 shall be read to allow a modification to a stationary source that would violate an applicable requirement or, except as provided in part 7007.1350 or 7007.1450, subpart 8, to allow any activity that would violate any permit condition. The agency shall not issue any permit amendments which would result in the violation of an applicable requirement.
E. If a modification or other change at a stationary source would make the source subject for the first time to the requirement to obtain a state permit or a part 70 permit, the owners and operators shall obtain the appropriate permit before beginning actual construction of the modification or other change, notwithstanding parts 7007.1250 to 7007.1500. Nothing in this item shall be read to limit the agency's ability to issue permits authorizing installation and operation of a modification under part 7007.0750, subpart 5, or to limit a permittee's ability to obtain a major permit amendment restricting emissions to levels that would prevent the source from becoming subject to the requirement to obtain a part 70 permit.
F. The owners and operators of a stationary source that are required to have a permit under parts 7007.0050 to 7007.1850, and that have submitted a timely application as required under part 7007.0350, subpart 1, or 7007.0400, subpart 4 or 5, but do not yet have a permit, may make changes and modifications at the stationary source in compliance with parts 7007.1150 to 7007.1500, notwithstanding any reference to a permit in those parts. Any requirement for such a permittee to obtain an amendment under parts 7007.1150 to 7007.1500 shall be read as a requirement for owners and operators to obtain a permit from the agency under part 7007.0750, subpart 5.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 23 SR 2224; 37 SR 991; 41 SR 763*
##### **Minn. R. 7007.1200** Calculating Emission Changes for Permit Amendments {#sec-7007.1200 omnilex-key=us-mn-regs-official--agency-167--7007.1200}
**Subpart 1. How to calculate emission changes.**
When this part is required to be used, the method of calculation in subpart 2 must be used to determine first whether a modification is a Title I modification. To calculate emission changes for a modification that is not a title I modification, the method in subpart 3 shall then be used. To verify whether the modification or other change at a stationary source might make the stationary source subject for the first time to the requirement to obtain a state or part 70 permit, the calculation method in part 7007.0150, subpart 4, must be used.
**Subp. 2. Calculation methods to determine if proposed change is Title I modification.**
To determine if a modification is a Title I modification, the applicable federal calculation method must be used. To determine the applicable methods to calculate emission changes for a Title I modification, the permittee must refer to the federal regulations listed in part 7007.0100, subpart 26. Parts 7011.0060 to 7011.0080 may be used in this calculation if the stationary source is in compliance with parts 7011.0060 to 7011.0080. A change that would not be considered to increase emissions using the calculation method in subpart 3 may nonetheless be considered a Title I modification, particularly under the calculation method required by part C (prevention of significant deterioration of air quality), part D (plan requirements in nonattainment areas), and section 112(g)(2)(B) (construction or reconstruction of a major source of hazardous air pollutants) of the act.
**Subp. 3. Calculation method for modifications that are not Title I modifications.**
Emissions changes for a modification must be calculated by comparing the hourly emission rate of the stationary source, at maximum physical capacity, before and after the proposed physical or operational change. The emission rate shall be expressed as pounds per hour of any regulated air pollutant. Items A to C shall be used to determine emission changes for modifications that are not Title I modifications.
A. When calculating emissions before and after the physical and operational change, physical and operational limitations and emission decreases will be considered only if they:
B. In cases where use of emission factors or related calculation methods clearly demonstrates whether or not the change will increase the emission level, the emission factors as defined in part 7005.0100, subpart 10a, shall be used.
C. Material balances, continuous monitor data, or manual emissions tests may be used in cases where use of emission factors or related calculation methods under item B does not clearly demonstrate, to the agency's satisfaction, whether or not the change will increase the emission level, or where a permittee demonstrates to the agency's satisfaction that there are reasonable grounds to dispute the result obtained under item B. These methods may be used only to establish premodification emission rates from which postmodification emission rates may be calculated. Tests shall be conducted under such conditions as the agency shall specify. At least three valid test runs must be conducted. All operating parameters which may affect emissions must be held constant to the maximum feasible degree for all test runs.
**Subp. 4. Record-keeping requirements.**
When this part applies and the permittee determines that no permit amendment or agency notification is required prior to making the change, the permittee must retain records of all calculations required under this part. For expiring permits, these records shall be kept for a period of five years from the date the change was made or until permit reissuance, whichever is longer. For nonexpiring permits, these records shall be kept for a period of five years from the date that the change was made. The records shall be kept at the stationary source for the current calendar year of operation and may be kept at the stationary source or office of the stationary source for all other years. The records may be maintained in either electronic or paper format.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 22 SR 2300; 23 SR 2224; 32 SR 904*
##### **Minn. R. 7007.1250** Insignificant Modifications {#sec-7007.1250 omnilex-key=us-mn-regs-official--agency-167--7007.1250}
**Subpart 1. When insignificant modification can be made.**
The permittee may make a modification described in either item A or B at a permitted stationary source without getting a permit amendment, unless the modification is prohibited by subpart 2. However, if the modification triggers new monitoring, record-keeping, or reporting requirements under applicable requirements or parts 7007.0100 to 7007.1850, the permittee shall initiate an administrative amendment under part 7007.1400 to include the new requirements no more than 30 days after making the modification.
A. Construction or operation of any emissions unit, or undertaking any activity, that is:
B. Any modification that will:
**Subp. 2. Insignificant modification exclusions.**
A modification may not be made under this part if the modification:
A. is a Title I modification;
B. would result in the violation of a permit emissions limit or any other permit term;
C. is required to be authorized by a permit amendment under Title IV of the act or Code of Federal Regulations, title 40, part 72, as amended;
D. is part of a single project, as described in subpart 5, which taken as a whole, would not be authorized under this part; or
E. is described under part 7007.1500, subpart 1 (Major permit amendment required).
**Subp. 3. Record-keeping requirements.**
Except as described in subpart 4, modifications authorized under this part may be made without providing notice to the agency. However, the permittee must keep a record of the modification for all changes authorized under subpart 1, items A and B, except for those activities described in part 7007.1300, subpart 2. For changes authorized under subpart 1, item B, and part 7007.1300, subpart 3, item F, the permittee must also keep calculations of the emissions increase as required by part 7007.1200, subpart 4, and a statement of the purpose for making the modification.
**Subp. 4. Agency notification required.**
If a modification authorized under subpart 1, item B, together with other modifications made under subpart 1, item B, during the course of the permit term (or within a five-year period for a nonexpiring permit), have resulted in total increases of a pollutant in excess of four times the amount listed in subpart 1, item B, subitem (2), for that pollutant, the permittee shall notify the agency by seven working days after beginning actual construction of the last modification. The notice shall provide the information required to be kept in subpart 3 for each modification made under subpart 1, items A and B, except for those activities described in part 7007.1300, subpart 2, during the period in question. The notice shall also include a certification by a responsible official, consistent with part 7007.0500, subpart 3, that the modifications listed were not part of a single project, as described in subpart 5, which taken as a whole, would not be authorized under subpart 1, item B. After any such notice has been sent, the permittee shall continue to keep track of modifications made under subpart 1, item B, and the permittee shall notify the agency again if emissions increases from these additional modifications total more than four times the amount listed in subpart 1, item B, subitem (2).
**Subp. 5. Determination of single project.**
If two or more modifications made at a stationary source are part of a single project, the emissions increases from these modifications shall be considered in the aggregate for purposes of this part. Generally, modifications will be considered part of a single project when the usefulness of one modification depends substantially on the completion of the other modification or modifications. In determining whether modifications are part of a single project, the agency will consider the amount of time that elapses between modifications, whether they were planned at the same time, and whether the modifications share a common purpose.
**Subp. 6. Enforcement action.**
If a permittee makes a modification the permittee believes to fall under this part and the agency subsequently determines that the modification does not fall under this part, the agency may take enforcement action against the permittee.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 22 SR 1237; 23 SR 2224; 32 SR 904; 41 SR 763; 43 SR 797*
##### **Minn. R. 7007.1251** [Repealed, 22 SR 1237] {#sec-7007.1251 omnilex-key=us-mn-regs-official--agency-167--7007.1251}
[Repealed, 22 SR 1237]
##### **Minn. R. 7007.1300** Insignificant Activities List {#sec-7007.1300 omnilex-key=us-mn-regs-official--agency-167--7007.1300}
**Subpart 1. Insignificant activities.**
A. The actions listed in this part, and operation of the emissions units listed in this part, are insignificant activities for purposes of parts 7007.0100 to 7007.1850. Listing in this part has no effect on any other law, including laws enforced by the agency other than parts 7007.0100 to 7007.1850, to which the activity may be subject.
B. Calculation of emissions from the emissions units listed in this part must be provided if required by the agency under part 7007.0500, subpart 2, item C, subitem (2).
C. Calculation of emissions from the emissions units listed in this part must be provided in a permit application if:
D. The emissions units listed in this part must be listed in a permit application, and calculation of emissions from these emissions units must be provided in the permit application if the emissions units:
**Subp. 2. Insignificant activities not required to be listed.**
The emissions units described in this subpart are not required to be listed in a permit application under part 7007.0500, subpart 2, item C, subitem (2), except as required under subpart 1, item D.
A. Fuel use:
B. Plant upkeep:
C. Fabrication operations:
D. Processing operations:
E. Storage tanks:
F. Drain, waste, and vent piping:
G. Residential activities: typical emissions from residential structures, not including:
H. Recreational activities: use of the following for recreational purposes:
I. Health care activities: activities and equipment directly associated with the diagnosis, care, and treatment of patients in medical or veterinary facilities or offices, not including support activities such as power plants, heating plants, emergency generators, incinerators, or other units affected by applicable requirements as defined in part 7007.0100, subpart 7.
J. Miscellaneous:
K. Demonstration projects conducted by a teaching institution, where the sole purpose of a demonstration project is to provide an actual functional example of a process unit operation to the students or other interested parties, where actual operating hours of each emission unit shall not exceed a total of 350 hours in a calendar year and where the emissions unit is not used to dispose of waste materials.
L. Commercial self-service laundries, not including dry cleaners or industrial laundries.
**Subp. 3. Insignificant activities required to be listed.**
The emissions units described in this subpart must be listed in a permit application.
A. Fuel use: space heaters fueled by kerosene, natural gas, or propane, but only if the combined total heat input capacity of all space heaters at the stationary source is less than or equal to 420,000 Btu per hour. A space heater is a heating unit that is not connected to piping or ducting to distribute the heat.
B. Infrared electric ovens and indirect heating equipment:
C. Storage tanks:
D. Emissions from a laboratory. For this item, "laboratory" means a place or activity devoted to experimental study or teaching in any science, or to the testing and analysis of drugs, chemicals, chemical compounds or other substances, or similar activities, provided that the activities described in this sentence are conducted on a laboratory scale. Activities are conducted on a laboratory scale if the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely manipulated by one person. If an emission facility manufactures or produces products for profit in any quantity, it may not be considered to be a laboratory under this item. Support activities necessary to the operation of the laboratory are considered to be part of the laboratory. Support activities do not include the provision of power to the laboratory from sources that provide power to multiple projects or from sources that would otherwise require permitting, such as boilers that provide power to an entire facility.
E. Miscellaneous: brazing, soldering, torch-cutting, or welding equipment.
F. Individual emissions units at a stationary source, each of which have a potential to emit the following pollutants in amounts less than:
G. Fugitive dust emissions from unpaved entrance roads and parking lots, except that a stationary source applying for an Option D registration permit under part 7007.1130 must include fugitive dust emissions in calculations when required under part 7007.1130, subpart 4.
**Subp. 4. Insignificant activities required to be listed in part 70 application.**
If the owners and operators are applying for the initial part 70 permit for a stationary source, emissions units with emissions less than all the following limits but not included in subpart 2 must be listed in the part 70 permit application:
A. potential emissions of 5.7 pounds per hour or actual emissions of two tons per year of carbon monoxide;
B. potential emissions of 2.28 pounds per hour or actual emissions of one ton per year for particulate matter, particulate matter less than ten microns, nitrogen oxide, sulfur dioxide, and VOCs;
C. for hazardous air pollutants, emissions units with:
D. potential emissions up to 10,000 tons per year or actual emissions up to 1,000 tons per year CO2e.
**Subp. 5. Threshold table; hazardous air pollutants.**
The thresholds for hazardous air pollutants listed in the following table are for determining if an emissions unit qualifies as an insignificant activity under subpart 4, item C, subitem (1):
* - For this chemical group, specific compounds or subgroups are named specifically in this table. For the remainder of the chemicals of the chemical group, a single de minimis value is listed, which applies to compounds that are not named specifically.
** - The "toxic equivalent factor" method in EPA/100/R-10/005 Recommended Toxicity Equivalence Factors (TEFs) for Human Health Risk Assessments of 2,3,7,8- Tetrachlorodibenzo-p-dioxin and Dioxin-Like Compounds. A different de minimis level will be determined for each mixture depending on the equivalency factors used, which are compound specific. EPA/100/R-10/005 Recommended Toxicity Equivalence Factors (TEFs) for Human Health Risk Assessments of 2,3,7,8- Tetrachlorodibenzo-p-dioxin and Dioxin-Like Compounds, United States Environmental Protection Agency (December 2010), is incorporated by reference, is available at https://nepis.epa.gov, and is not subject to frequent change.
a - De minimis values are zero. Currently available data do not support assignment of a "trivial" emission rate; therefore, the value assigned will be policy based.
b - The EPA relies on Code of Federal Regulations, title 40, part 61, subparts B and I, and appendix E, and assigns a de minimis level based on an effective dose equivalent of 0.3 millirem per year for a seven-year exposure period that would result in a cancer risk of one per million. The individual radionuclides subject to de minimis levels are contained in Code of Federal Regulations, title 40, part 61.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 23 SR 2224; 27 SR 1579; 28 SR 1482; 32 SR 904; 37 SR 991; 41 SR 763; 43 SR 797; 46 SR 1209*
##### **Minn. R. 7007.1350** Changes That Contravene Certain Permit Terms {#sec-7007.1350 omnilex-key=us-mn-regs-official--agency-167--7007.1350}
**Subpart 1. Applicability.**
A permittee may make changes allowed under parts 7007.0100 to 7007.1850 at a permitted facility without obtaining a permit amendment, even though the change contravenes a permit term, if the change:
A. does not violate a permit term related to monitoring (including test methods), record-keeping, reporting, or compliance certification requirements;
B. does not result in emissions in excess of those explicitly allowed under the permit for any emissions unit or for the stationary source as a whole (whether expressed as a rate of emissions or in terms of total emissions);
C. does not violate any permit term limiting hours of operation, work practices, fuel usage, raw material usage, production levels, or throughput if the term has been established to limit emissions or ensure compliance with emissions limitations;
D. does not violate any other permit term where the agency has specifically stated in the permit that the term is not subject to change under this part;
E. is not a Title I modification;
F. is not required to be authorized by a permit amendment under Title IV of the act (Acid Deposition Control) or Code of Federal Regulations, title 40, part 72, as amended; and
G. is not an administrative amendment described in part 7007.1400.
**Subp. 2. Procedure.**
Changes authorized under this part may not be made until seven working days after the agency receives written notice of the change. The permittee must submit the notice in a format specified by the commissioner. The notice shall include a certification, consistent with part 7007.0500, subpart 3, by a responsible official describing the change to be made, identifying the term of the permit which is being contravened, stating that the change is authorized under this part, and briefly describing how it qualifies under this part. The permittee and the agency shall attach the notice to the stationary source's permit. If the agency finds that the proposed change is not authorized under this part, the agency shall notify the permittee of that finding and, if the proposed change could be made using other procedures, direct the permittee to those procedures.
**Subp. 3. Enforcement action.**
If the permittee implements a change that the permittee believes qualifies under this part and the agency subsequently determines that the change does not qualify under this part, the agency may take an enforcement action against the permittee.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 41 SR 763*
##### **Minn. R. 7007.1400** Administrative Permit Amendments {#sec-7007.1400 omnilex-key=us-mn-regs-official--agency-167--7007.1400}
**Subpart 1. Administrative amendments allowed.**
The agency may make the permit amendments described in this subpart through the administrative permit amendment process described in this part. An owner or operator of a stationary source must apply for an administrative amendment if changes are to be made under item B or E:
A. an amendment to correct a typographical error;
B. an amendment to change the name, mailing address, or telephone number of any person identified in the permit, or that reflects a similar minor administrative change at the permitted facility. A change in the stationary source's location of operation is not covered by this item;
C. an amendment requiring the permittee to comply with additional, more frequent, or expanded, testing, monitoring, record-keeping, or reporting requirements;
D. an amendment to eliminate monitoring, record-keeping, or reporting requirements if:
E. an amendment reflecting a change in ownership or operational control of a stationary source where the agency determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the agency;
F. an amendment to incorporate into a permit the requirements from preconstruction review permits issued by the agency;
G. an amendment to clarify the meaning of a permit term;
H. an amendment to extend a deadline in a permit by no more than 120 days, provided that the agency may only extend a deadline established by an applicable requirement described in part 7007.0100, subpart 7, items A to K, if the agency has been delegated authority to make such extensions by the administrator. Notwithstanding the previous sentence, the agency may do an administrative amendment to extend a testing deadline in a permit up to 365 days if the agency finds that the extension is needed to allow the permittee to test at worst case conditions as required by part 7017.2025, subpart 2;
I. an amendment to remove any condition from a permit which was based on an applicable requirement that has been repealed, but only if the permit condition:
J. an amendment to correct or update a citation to an applicable requirement where the corresponding permit condition is not changed; and
K. an amendment to incorporate the extension of a deadline in a permit for construction authorization established under a new source review program under part C (Prevention of Significant Deterioration of Air Quality) of the act, provided the extension of the deadline for construction authorization has been approved by the commissioner prior to the submittal of the administrative amendment application.
**Subp. 2. Initiating administrative amendment.**
A permittee must submit an application for an administrative amendment in a format specified by the commissioner. The application must be certified by a responsible official in the manner provided in part 7007.0500, subpart 3. The permittee shall specify the section of the permit that is to be amended, and the reason for the amendment. The agency may also make an administrative amendment upon its own initiative. If an administrative amendment initiated by the agency would impose additional or different requirements on the permittee, the permittee shall be notified of the proposed amendment 30 days prior to its taking effect, unless the permittee consents to less notice. If the permittee objects to the amendment, the amendment shall not be made under this part, but the agency may reopen the permit under parts 7007.1500 and 7007.1600.
**Subp. 3. Timeline for final action.**
The agency shall take no more than 60 days from receipt of an application for an administrative permit amendment to take final action on the application. Amendments made by the agency under this part shall be made without public notice or an opportunity for public and affected states comment and hearing.
**Subp. 4. Part 70 administrative amendment submitted to EPA.**
If the administrative permit amendment is to a part 70 permit, the agency shall submit a copy of the amended permit or permit amendment to the administrator, as required by the administrator.
**Subp. 5. Permit shield application.**
The only administrative amendments to which the permit shield established by part 7007.1800 shall apply are those described in subpart 1, item F.
**Subp. 6. Acid rain provision.**
Amendments to the acid rain portion of a permit to an affected source shall be governed by Code of Federal Regulations, title 40, part 72, as amended.
**Subp. 7. When permittee may make change.**
Notwithstanding part 7007.0150, subpart 1, the permittee may make the change proposed in the administrative amendment application immediately after the application is received by the agency, if the change is described in subpart 1. However, if the change is of ownership or operational control, the new owner's or operator's right to operate the permitted stationary source under the previous sentence is contingent upon the new owner's or operator's compliance with the terms of the stationary source's permit.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 20 SR 2316; 22 SR 1237; 22 SR 1975; 37 SR 991; 41 SR 763*
##### **Minn. R. 7007.1450** Minor and Moderate Permit Amendments {#sec-7007.1450 omnilex-key=us-mn-regs-official--agency-167--7007.1450}
**Subpart 1. Minor and moderate amendment exclusions.**
The agency may amend a permit using the minor and moderate permit amendment processes described in this part if the amendments are described in subparts 2 and 3, and if the amendments are not described in part 7007.1500, subpart 1 (Major permit amendment required).
**Subp. 2. Minor amendment applicability.**
Except as provided in subpart 1, the agency may amend a permit to change permit conditions, unless the change to permit conditions otherwise requires a major amendment or can be made through an administrative amendment. The agency may allow a modification under the minor permit amendment process of this part if the modification will not cause an increase in emissions of an air pollutant listed below in an amount greater than the threshold. If a regulatory change results in existing insignificant activities no longer qualifying as such, the owners and operators must submit an application within 120 days of the regulation's effective date to incorporate those emission units or activities into the facility's permit:
For purposes of this part, whether or not the proposed change will cause an increase in emissions shall be calculated as described in part 7007.1200. Modifications or changes to permit conditions which would otherwise qualify for a minor or moderate amendment under this part may be Title I modifications, for which a major amendment is required, using the methods of calculation required under Title I of the act. Permittees are reminded to review the definition of Title I modifications and requirements of Title I of the act.
**Subp. 3. Moderate amendment applicability.**
Any amendment which meets the criteria of subpart 1, but which does not qualify as a minor permit amendment under subpart 2 and which is not a major permit amendment under part 7007.1500, may be made following the procedures applicable to moderate permit amendments under this part.
**Subp. 4. Minor or moderate application requirements.**
An application requesting the use of minor or moderate permit amendment procedures shall meet the requirements of part 7007.0600, subpart 1, and shall also include the following:
A. a description of:
B. if the amendment is to a part 70 permit, the owners' and operators' suggested draft permit or draft amendment;
C. certification by a responsible official that the proposed amendment meets the criteria for use of minor or moderate permit amendment procedures, including, in the case of minor permit amendments, a certification that any increase in emissions will be below the thresholds listed in subpart 2, and a request that such procedures be used;
D. certification by a responsible official that the change which the proposed amendment would allow is not part of a larger project which, taken as a whole, would not qualify for treatment as a minor or moderate permit amendment; and
E. in the case of amendments to part 70 permits, completed forms for the permitting authority to use to notify the administrator and affected states as required under subpart 5.
**Subp. 5. EPA notification.**
In the case of applications for minor or moderate permit amendments to part 70 permits, the agency shall notify the administrator and affected states of the requested permit amendment within five working days of receipt of a complete permit amendment application to a part 70 permit. The agency promptly shall send any notice regarding agency refusal to accept affected states recommendations required under part 7007.0900, to the administrator and the affected states.
**Subp. 6. EPA review.**
The agency will not issue a minor or moderate amendment to a part 70 permit until after the EPA has had 45 days to review the amendment or until the EPA has notified the agency that the EPA will not object to issuance of the permit amendment, whichever is first. The agency may process the application during this time period. The agency shall take final action on an application for a minor or moderate permit amendment within the deadlines set forth in part 7007.0750, subpart 2.
**Subp. 7. When permittee may make proposed modification or change.**
A. The permittee may make the modification or change proposed in a minor permit amendment application seven working days after the application is received by the agency.
B. The permittee may begin actual construction on a modification proposed in a moderate permit amendment application upon receiving a letter of approval from the agency authorizing the construction. However, the permittee may not conduct start-up of the modification until the amended permit has been issued.
**Subp. 8. Permittees' risk in beginning construction.**
If the owners or operators of the stationary source make the modification or change allowed by subpart 7, item A, or begin actual construction upon receipt of a letter of approval as allowed by subpart 7, item B, and until the agency acts on the minor or moderate permit amendment application, the stationary source must comply with both the applicable requirements governing the modification and the proposed permit terms and conditions. During this time period, the stationary source need not comply with the existing permit terms and conditions it seeks to change. However, if the permittees fail to comply with the proposed permit terms and conditions during this time period, the existing permit terms and conditions may be enforced against the permittees. The permittees assume the risk of losing any investment the permittees made toward implementing a modification or change prior to receiving a permit amendment authorizing the modification or change. The agency will not consider the possibility of the permittees suffering financial loss due to such investment when deciding whether to approve, deny, or approve in modified form a minor or moderate permit amendment.
**Subp. 9. Permit shield applicability.**
The permit shield under part 7007.1800 shall not apply to minor or moderate permit amendments.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 22 SR 1237; 23 SR 2224; 37 SR 991; 46 SR 1209*
##### **Minn. R. 7007.1500** Major Permit Amendments {#sec-7007.1500 omnilex-key=us-mn-regs-official--agency-167--7007.1500}
**Subpart 1. Major permit amendment required.**
A "major permit amendment" is required for any change to permit conditions or any modification at a permitted stationary source that is not allowed under parts 7007.1250 and 7007.1350 and for which an amendment cannot be obtained under the administrative permit amendment provisions of part 7007.1400, or the minor or moderate permit amendment provisions of part 7007.1450. The following always require major permit amendments:
A. any significant amendment to existing monitoring, reporting, or record-keeping requirements in the permit other than:
B. any amendment to establish or amend a permit condition that is based on a case-by-case determination of an emission limitation or other standard, on a source-specific determination of ambient impacts, or on a visibility or increment analysis;
C. any amendment to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement described in part 7007.0100, subpart 7, items A to K, and that the stationary source has assumed to avoid an applicable requirement to which the stationary source would otherwise be subject. Such terms and conditions include:
D. any amendment authorizing a Title I modification, which includes construction or reconstruction of a major source of hazardous air pollutants under section 112(g)(2)(B) of the act; and
E. any amendment required by agency rule to be made under the major permit amendment procedures.
**Subp. 2. Major amendment; application requirements.**
To apply for a major permit amendment, the permittee shall follow the application procedures in parts 7007.0100 to 7007.1850 which are applicable to a new or renewed permit of the type being amended.
**Subp. 3. Agency processing procedures.**
The agency shall process an application for a major permit amendment to a part 70 permit following the same procedures applicable to an application for a new or reissued part 70 permit, including procedures for public participation, administrator review, and affected states review. The agency shall process an application for a major amendment to a state permit following the same procedures applicable to an application for a new or reissued state permit, except that:
A. the agency shall not provide for public notice and comment under part 7007.0850 unless the major amendment is described in subpart 1, item C or D, and the administrator requires such notice, or the agency makes a determination to provide for public notice and comment under part 7007.0850, subpart 2, item C; and
B. the agency shall not submit the major amendment to EPA for review under part 7007.0950 unless the major amendment is described in subpart 1, item C or D, and the administrator requires such notice.
**Subp. 3a. Making existing facilities into affected facilities.**
A. The owner or operator of a stationary source may construct an affected facility, as that term is defined in Code of Federal Regulations, title 40, section 60.2, as amended (Standards of Performance for New Stationary Sources; Definitions), upon receiving from the agency written approval to construct the affected facility. For purposes of this subpart, construction of an affected facility includes only modification or reconstruction, as described in Code of Federal Regulations, title 40, sections 60.14 and 60.15, as amended, making an existing facility into an affected facility. No person may begin to operate the affected facility until receipt of a major amendment issued by the agency under this part.
B. The agency shall issue written approval to construct, or explain in writing why the approval will not be granted, within 60 days of receiving a complete permit application seeking authorization to construct and operate the affected facility. The application must be accompanied by a written request for approval to construct under this subpart, and a statement certified by a responsible official certifying that requirements of part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment Areas) of the act do not apply to the proposed construction. The approval to construct shall only apply to the affected facility.
C. This subpart does not apply if the construction, reconstruction, or modification would be subject to the new source review requirements of part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment Areas) of the act.
D. This subpart does not relieve the applicant of the obligation to comply with the requirements of Minnesota Statutes, chapter 116D, prior to construction, if applicable.
**Subp. 4. Permit shield.**
The permit shield described in part 7007.1800 shall apply to amendments made through the major permit amendment process, except that the permit shield does not apply to construction carried out under subpart 3a prior to issuance of a major permit amendment.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 20 SR 2316; 22 SR 1237; 22 SR 2300; 23 SR 2224; 37 SR 991; 41 SR 763*
##### **Minn. R. 7007.1600** Permit Reopening and Amendment by Agency {#sec-7007.1600 omnilex-key=us-mn-regs-official--agency-167--7007.1600}
**Subpart 1. Mandatory reopening.**
The agency shall reopen and amend a permit when:
A. Additional federal applicable requirements become applicable to a stationary source with a remaining permit term of three or more years or with a permit which is nonexpiring. Such a reopening and amendment shall be completed not later than 18 months after promulgation of the federal applicable requirement. An affected permittee must submit a permit application as required under part 7007.0400, subpart 3, to provide the information needed to issue the amendment. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire.
B. Additional requirements, including excess emissions requirements, become applicable to an affected source under the acid rain program. Upon approval by the administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.
C. The agency or the administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards, limitations, or other terms or conditions of the permit.
D. The administrator or the agency determines that the permit must be revised or revoked to assure compliance with the applicable requirements.
**Subp. 2. Nonmandatory reopening.**
The agency may reopen and amend a permit when:
A. additional state applicable requirements become applicable to a permitted stationary source, and the effective date of the requirement is prior to the date on which the permit is due to expire;
B. alterations or modifications to the permitted facility will result in or have the potential to result in significant alteration of the nature or quantity of regulated air pollutants to be emitted by the permittee;
C. the commissioner of the agency receives information previously unavailable to the agency that shows that the terms and conditions of the permit do not accurately represent the actual circumstances relating to the permitted facility;
D. a court of competent jurisdiction invalidates or modifies a Minnesota or federal statute or rule or federal guideline upon which a condition of the permit is based;
E. an event occurs that is beyond the control of the permittee that necessitates modification of a compliance schedule in the permit; and
F. the commissioner finds that the permitted facility or activity endangers human health or the environment and that a change in the operation of the permitted facility or in the conduct of the permitted activity would remove the danger to human health or the environment.
**Subp. 3. Reopening procedure.**
To reopen and amend a permit, the agency shall follow the procedures that apply to major permit amendments under parts 7007.0100 to 7007.1850, unless the amendment can be made as an administrative amendment under part 7007.1400. During the reopening, the agency may only make those amendments to the permit which are related to the grounds for the reopening under subparts 1 and 2. Mandatory reopenings under subpart 1 shall be made as expeditiously as practicable. In lieu of an application, the major permit amendment process will commence when the agency gives the permittee written notice of its intent to amend the permit. The agency shall not issue the amendment, or make public notice of the amendment where public notice is required, until at least 30 days after the agency has given the permittee notice of its intent to amend the permit, unless the permittee consents to less notice, or in the case of an emergency. In cases where public participation is required, only those portions of the permit which the agency proposes to amend shall be open for public comment or consideration at a meeting or hearing.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1059; 41 SR 763*
##### **Minn. R. 7007.1650** Reopenings for Cause by Epa {#sec-7007.1650 omnilex-key=us-mn-regs-official--agency-167--7007.1650}
The administrator may reopen part 70 permits as provided in Code of Federal Regulations, title 40, section 70.7(g), as amended.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059*
##### **Minn. R. 7007.1700** Permit Revocation by Agency {#sec-7007.1700 omnilex-key=us-mn-regs-official--agency-167--7007.1700}
**Subpart 1. Permit revocation without reissuance.**
The agency may revoke permits and not reissue them when:
A. there exists at the permitted facility unresolved noncompliance with applicable requirements or a condition of the permit, and the permittee refuses to undertake an enforceable schedule of compliance to resolve the noncompliance;
B. the permittee fails to disclose fully the facts relevant to issuance of the permit or submits false or misleading information to the agency or the administrator;
C. the agency finds that the permitted facility or activity endangers human health or the environment and that the danger cannot be removed by an amendment to the permit;
D. the permittee has failed to comply with any requirement under chapter 7002 to pay fees; or
E. the permittee has failed to pay a penalty owed pursuant to court order, consent decree, stipulation agreement, schedule of compliance, or order issued under Minnesota Statutes, section 116.07.
**Subp. 2. Revocation procedures.**
The agency shall give notice to the permittee of its intention to revoke a permit without reissuance. This notice must state that within 30 days of the receipt of the notice the permittee may request a contested case hearing be held on the proposed action, except that the agency may provide less notice in case of an emergency. If the permittee requests a contested case hearing, the agency shall hold the hearing in accordance with the rules of the Office of Administrative Hearings, parts 1400.5100 to 1400.8401.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059*
##### **Minn. R. 7007.1750** Federal Enforceability {#sec-7007.1750 omnilex-key=us-mn-regs-official--agency-167--7007.1750}
A. All conditions of a permit issued under parts 7007.0100 to 7007.1850 are enforceable by the administrator and citizens under the act, unless designated otherwise in the permit under item B.
B. The agency shall designate a condition of a permit to be not enforceable by the administrator and citizens under the act if the condition is not required by:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059*
##### **Minn. R. 7007.1800** Permit Shield {#sec-7007.1800 omnilex-key=us-mn-regs-official--agency-167--7007.1800}
A. The agency shall include in a permit a provision, known as a permit shield provision, stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance. However, the shield shall only have legal effect if:
B. If the permit does not expressly state that a permit shield is provided, it shall be presumed not to provide such a shield.
C. Nothing in this part or in any permit shall alter or affect the following:
D. The permit shield shall not be provided for permit conditions established through a minor or moderate permit amendment, or through an administrative amendment except as stated in part 7007.1400, subpart 1, item F.
E. The permit shield shall not be provided for a permit condition if the permittee knowingly submitted false or misleading information to the agency and the permit condition was based on that information.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059*
##### **Minn. R. 7007.1850** Emergency Provision {#sec-7007.1850 omnilex-key=us-mn-regs-official--agency-167--7007.1850}
A. An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the owners and operators of the stationary source, including an act of God, that requires immediate corrective action to restore normal operation, and that causes the stationary source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. Consistent with this definition of emergency, the agency may state in the permit what types of situations will not be considered emergencies if they occur.
B. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of item C are met.
C. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:
D. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.
E. This provision is in addition to any emergency or upset provision contained in any applicable requirement.
F. This provision does not limit the emergency power of the agency under Minnesota Statutes, section 116.11.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1059; 37 SR 991; 50 SR 365; 50 SR 369*
##### **Minn. R. 7007.3000** Preventing Significant Deterioration of Air Quality {#sec-7007.3000 omnilex-key=us-mn-regs-official--agency-167--7007.3000}
A. Code of Federal Regulations, title 40, part 52.21, as amended, entitled "Prevention of Significant Deterioration of Air Quality," is incorporated by reference, except that:
B. Any person who constructs, modifies, reconstructs, or operates an emissions unit, emission facility, or stationary source must meet the requirements of Code of Federal Regulations, title 40, part 52.21.
C. All applications and other information required pursuant to Code of Federal Regulations, title 40, part 52.21, from emissions units, emission facilities, and stationary sources located in Minnesota must be submitted to the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 32 SR 904; 46 SR 1209*
##### **Minn. R. 7007.3010** CONSTRUCTING OR RECONSTRUCTING MAJOR SOURCE OF HAZARDOUS AIR POLLUTANTS UNDER SECTION 112(g)(2)(B) OF ACT {#sec-7007.3010 omnilex-key=us-mn-regs-official--agency-167--7007.3010}
A. Any person who constructs or reconstructs a major hazardous air pollutant source as defined in Code of Regulations, title 40, section 63.41, except electric utility steam generating units, stationary sources in deleted source categories under section 112(C)(9) of the act, and research and development activities, must meet the requirements of Code of Federal Regulations, title 40, part 63, subpart B, sections 63.40 to 63.44, as amended, entitled "Requirements for Control Technology," which is adopted and incorporated by reference, except sections 63.42(a) and 63.42(b) are not included.
B. All applications and other information required pursuant to Code of Federal Regulations, title 40, part 63, subpart B, sections 63.40 to 63.44, from emissions units, emission facilities, and stationary sources located in Minnesota shall be submitted to the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 2300*
##### **Minn. R. 7007.4000** Scope {#sec-7007.4000 omnilex-key=us-mn-regs-official--agency-167--7007.4000}
Parts 7007.4000 to 7007.4030 apply to persons who propose to construct a major stationary source or major modification in a nonattainment area and to persons who propose to construct a major stationary source or major modification in a designated attainment or unclassifiable area with emissions that would cause or contribute to a violation of a national ambient air quality standard in a nonattainment area.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 13 SR 2153; 17 SR 350; 18 SR 614*
##### **Minn. R. 7007.4010** Definitions {#sec-7007.4010 omnilex-key=us-mn-regs-official--agency-167--7007.4010}
**Subpart 1. Scope.**
The definitions in Code of Federal Regulations, title 40, chapter I, part 51, appendix S, apply to the terms used in parts 7007.4000 to 7007.4030 unless the terms are defined in this part. For the purposes of parts 7007.4000 to 7007.4030, the following words have the meanings defined below.
**Subp. 1a.**
[Repealed, 17 SR 350]
**Subp. 1b.**
[Repealed, 17 SR 350]
**Subp. 2.**
[Repealed, 17 SR 350]
**Subp. 2a.**
[Repealed, 17 SR 350]
**Subp. 2b.**
[Repealed, 17 SR 350]
**Subp. 3.**
[Repealed, 13 SR 2153]
**Subp. 3a. Attainment area.**
"Attainment area" means any geographic area that has been designated by the United States Environmental Protection Agency as "better than national standards" for any national ambient air quality standard in Code of Federal Regulations, title 40, chapter I, section 81.324, as amended.
**Subp. 4.**
[Repealed, 13 SR 2153]
**Subp. 5.**
[Repealed, 17 SR 350]
**Subp. 6.**
[Repealed, 17 SR 350]
**Subp. 7.**
[Repealed, 17 SR 350]
**Subp. 7a. Major stationary source.**
"Major stationary source" means:
A. a major stationary source as defined in Code of Federal Regulations, chapter I, title 40, part 51, appendix S, (1990); or
B. a stationary source that emits or has the potential to emit 70 tons or more per year of PM10 and that is located or that will locate in an area classified as "serious" under United States Code, title 42, section 7513, as amended.
**Subp. 7b. National ambient air quality standards.**
"National ambient air quality standards" means any air quality standard promulgated in Code of Federal Regulations, title 40, part 50, as amended.
**Subp. 8.**
[Repealed, 17 SR 350]
**Subp. 9.**
[Repealed, 17 SR 350]
**Subp. 10. Nonattainment area.**
"Nonattainment area" means any geographic region that has been designated by the United States Environmental Protection Agency as violating a national ambient air quality standard in Code of Federal Regulations, title 40, section 81.324, as amended.
**Subp. 11.**
[Repealed, 17 SR 350]
**Subp. 11a.**
[Repealed, 28 SR 1482]
**Subp. 12.**
[Repealed, 17 SR 350]
**Subp. 13.**
[Repealed, 17 SR 350]
**Subp. 14.**
[Repealed, 13 SR 2153]
**Subp. 14a.**
[Repealed, 17 SR 350]
**Subp. 15.**
[Repealed, 13 SR 2153]
**Subp. 16.**
[Repealed, 13 SR 2153]
**Subp. 17.**
[Repealed, 13 SR 2153]
**Subp. 18.**
[Repealed, 13 SR 2153]
**Subp. 19.**
[Repealed, 13 SR 2153]
**Subp. 19a. Significant emissions increase.**
"Significant emissions increase" means a net increase in emissions or the potential of a stationary source to emit any of the listed pollutants that would equal or exceed any of the rates of emissions in Code of Federal Regulations, title 40, part 51, Appendix S, Part II.A.10(i), as amended. Any net emissions increase that is considered significant for volatile organic compounds must be considered significant for ozone.
**Subp. 19b. Unclassifiable area.**
"Unclassifiable area" means any geographic area that has been designated by the United States Environmental Protection Agency as "cannot be classified" for any national ambient air quality standard in Code of Federal Regulations, title 40, chapter I, section 81.324, as amended.
**Subp. 20.**
[Repealed, 28 SR 1482]
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 13 SR 2153; 17 SR 350; 18 SR 614; 28 SR 1482*
##### **Minn. R. 7007.4020** Conditions for Permit {#sec-7007.4020 omnilex-key=us-mn-regs-official--agency-167--7007.4020}
**Subpart 1. In general.**
Unless the requirements of Code of Federal Regulations, title 40, chapter I, part 51, appendix S, (1991), as incorporated in subpart 2a, are first satisfied, no person shall commence construction, as defined in appendix S, part (II), section (A), of a major stationary source or major modification in:
A. a nonattainment area; or
B. an attainment area or unclassifiable area if that major stationary source or major modification would cause or contribute to a violation of a national ambient air quality standard in a nonattainment area as determined by the significance levels established in Code of Federal Regulations, title 40, chapter I, part 51, appendix S, part III, (1991).
**Subp. 2.**
[Repealed, 17 SR 350]
**Subp. 2a. Modified federal standard.**
Persons subject to subpart 1 must comply with Code of Federal Regulations, title 40, chapter I, part 51, appendix S, (1991), with the following exceptions:
A. Code of Federal Regulations, title 40, chapter I, part 51, appendix S, part IV, section A, condition 1, footnotes 4 and 5, (1991), do not apply.
B. Code of Federal Regulations, title 40, chapter I, part 51, appendix S, part IV, section A, condition 3, is amended to read: Emission reductions ("offsets") from existing sources in the same area of the proposed source (whether or not under the same ownership) are required such that there will be reasonable progress toward attainment of the applicable NAAQS. Offsets must be based on actual emissions as defined in Code of Federal Regulations, title 40, section 51.165(a)(3), as amended. Only intrapollutant emission offsets will be acceptable (e.g. hydrocarbon increases may not be offset against SO2 reductions).
C. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section A, condition 3, footnote 7, (1991), does not apply.
D. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section A, footnote 8, (1991), does not apply.
E. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section B, (1991), does not apply.
F. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section C, (1991), applies except that, consistent with Code of Federal Regulations, title 40, section 51.165(3)(i)(A), as amended, the offset baseline shall be the actual emissions of the source from which offset credit is obtained.
G. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section C, (5), (1991), does not apply.
**Subp. 3.**
[Repealed, 17 SR 350]
**Subp. 4.**
[Repealed, 17 SR 350]
**Subp. 5.**
[Repealed, 17 SR 350]
**Subp. 6.**
[Repealed, 13 SR 2153]
**Subp. 7.**
[Repealed, 17 SR 350]
**Subp. 8.**
[Repealed, 17 SR 350]
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 13 SR 2153; 17 SR 350; 17 SR 3380; 18 SR 614; 23 SR 2224*
##### **Minn. R. 7007.4030** Limitation on Use of Offsets {#sec-7007.4030 omnilex-key=us-mn-regs-official--agency-167--7007.4030}
To the extent that these parts create a program for the use of offsets or allow persons to purchase or obtain offsets, parts 7007.4000 to 7007.4030 shall not be construed to create a property right that requires compensation from the state should offsets later become unusable due to a change in an applicable emission limitation or standard of the agency.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 13 SR 2153; 17 SR 350; 18 SR 614*
##### **Minn. R. 7007.5000** Best Available Retrofit Technology {#sec-7007.5000 omnilex-key=us-mn-regs-official--agency-167--7007.5000}
**Subpart 1. Incorporation by reference.**
Code of Federal Regulations, title 40, part 51.301 (Definitions), as amended, is incorporated by reference. Appendix Y (Guidelines for Best Available Retrofit Technology (BART) Determinations Under the Regional Haze Rule) of Code of Federal Regulations, title 40, part 51, as amended, is incorporated by reference.
**Subp. 2. BART determination.**
The owner or operator of a stationary source shall submit a best available retrofit technology (BART) analysis to the commissioner if the commissioner determines the stationary source is subject to BART according to Code of Federal Regulations, title 40, part 51, Appendix Y (Guidelines for BART Determinations Under the Regional Haze Rule). The owner or operator shall prepare the BART analysis according to section IV of Appendix Y of Code of Federal Regulations, title 40, part 51, as directed by the commissioner. The owner or operator of a stationary source shall submit the BART analysis 180 days after receipt of written notification by the commissioner that a BART analysis is required. The commissioner shall make the BART determination according to Appendix Y of Code of Federal Regulations, title 40, part 51.
**Subp. 3. BART implementation.**
The owner of each BART-eligible source subject to BART shall install and operate BART no later than five years after the United States Environmental Protection Agency approval of Minnesota's regional haze state implementation plan. The owner or operator of each source subject to BART shall operate and maintain the control equipment or work practices required by this part and shall establish procedures to ensure such equipment or work practices are properly operated and maintained.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904*
## **Chapter 7008** CONDITIONALLY EXEMPT STATIONARY SOURCES AND CONDITIONALLY INSIGNIFICANT ACTIVITIES
##### **Minn. R. 7008.0050** Scope {#sec-7008.0050 omnilex-key=us-mn-regs-official--agency-167--7008.0050}
This chapter establishes the conditions under which eligible stationary sources are exempt from the requirement to apply for and obtain an air emission permit as provided under part 7007.0300. This chapter also establishes the conditions under which certain activities will qualify as insignificant activities for purposes of parts 7007.0100 to 7007.1850.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 27 SR 1579*
##### **Minn. R. 7008.0100** Definitions {#sec-7008.0100 omnilex-key=us-mn-regs-official--agency-167--7008.0100}
**Subpart 1. Scope.**
The definitions in this part apply to the terms used in this chapter. The definitions in parts 7000.0100, 7005.0100, and 7007.0100 apply to the terms used in this chapter unless the terms are otherwise defined in this part.
**Subp. 2.**
[Renumbered 7005.0100 subp 11f]
**Subp. 2a.**
[Repealed, 43 SR 797]
**Subp. 2b.**
[Renumbered subp 13]
**Subp. 2c.**
[Renumbered subp 15]
**Subp. 3.**
[Renumbered subp 14]
**Subp. 4.**
[Renumbered subp 16]
**Subp. 5.**
[Repealed, 43 SR 797]
**Subp. 6. Auto-body refinishing facility.**
"Auto-body refinishing facility" means a stationary source engaged primarily in repairing collision damage and refinishing automobiles and light-duty trucks. Auto-body refinishing facility includes a stationary source that does not repair collision damage but only paints automobiles and light-duty trucks or customizes repainting for used automobiles and light-duty trucks.
**Subp. 7. Cleaning material.**
"Cleaning material" means a solvent that contains either a VOC or hazardous air pollutant and is used to remove contaminants and other materials including dirt, grease, oil, and dried or wet coatings from:
A. a surface before or after applying coating; or
B. equipment associated with coating application, including spray booths, spray guns, racks, tanks, and hangers.
**Subp. 8. Coating.**
"Coating" means a material including paint, stain, sealant, varnish, liquid-plastic coating, caulk, ink, adhesive, primer, deadener, and maskant that contains either a VOC or hazardous air pollutant and is applied to a surface for decorative, protective, or functional purposes. "Liquid-plastic coating" means a coating made from fine-particle-size polyvinyl chloride in a solution referred to as a plastisol. Coating does not include:
A. decorative, protective, or functional materials that consist only of protective oils for metals, acids, or bases or any combination of these substances; or
B. paper film or plastic film that is precoated with an adhesive by the film manufacturer.
**Subp. 9. Coating facility.**
"Coating facility" means a stationary source that applies coating to the surface of parts and products.
**Subp. 10.**
[Renumbered subp 12a]
**Subp. 11. Insignificant facility.**
"Insignificant facility" means a stationary source that has only emissions units that are listed as insignificant activities in part 7007.1300, subpart 2 or 3, or conditionally insignificant activities, or both, that comply with part 7008.2600.
**Subp. 12. Material usage.**
"Material usage" means an activity at a stationary source, such as applying or using a coating, cleaning material, or solvent, that emits only a VOC, a hazardous air pollutant, or particulate matter or a combination thereof when emissions of these pollutants can be calculated as described in part 7008.4100. Material usage does not include material processes such as sanding, milling, materials reacting to form new materials, fuel usage, or grain or other material handling.
**Subp. 12a. Mechanical finishing operations.**
" Mechanical finishing operations" means buffing, abrasive blasting, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning equipment, but does not include abrasive blasting for removing lead-containing paint.
**Subp. 13. Recycling.**
"Recycling" means the reclamation or reuse of waste VOC-containing or hazardous air pollutant-containing materials from material usage activities. For purposes of this subpart, "reclamation" has the meaning given in part 7045.0020, subpart 73c, and "reuse" has the meaning given in part 7045.0020, subpart 75a.
**Subp. 14. Refueling positions.**
"Refueling positions" means the number of vehicles that could be receiving gasoline simultaneously at a gasoline service station.
**Subp. 15. Solids.**
"Solids" means the nonvolatile portion of the material applied or used in a material usage activity.
**Subp. 16. Stage-one vapor recovery.**
"Stage-one vapor recovery" means pipes or hoses, or both, that create a closed system connecting a gasoline unloading tank and a gasoline receiving tank so that the vapors displaced from the receiving tank are transferred to the unloading tank.
**Subp. 17. Transfer efficiency.**
"Transfer efficiency" means the ratio of the weight of solids in the material that adheres to an object to the total weight of solids in the material used in the application process. Transfer efficiency varies with the type of application method and is obtained from the application equipment manufacturer. If the manufacturer provides a range for the transfer efficiency, the transfer efficiency for calculating emissions of particulate matter is the minimum specified in the range.
**Subp. 18. Woodworking facility.**
"Woodworking facility" means a stationary source that manufacturers, finishes, refinishes, and restores parts or products primarily made of wood, but including incidental use of other materials such as metal, plastic, or ceramic.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 27 SR 1579; 41 SR 763; 43 SR 797*
##### **Minn. R. 7008.0200** General Requirements {#sec-7008.0200 omnilex-key=us-mn-regs-official--agency-167--7008.0200}
A. Filing an application for a permit under chapter 7007 by the owner or operator of a stationary source does not stay any condition or requirement of this chapter until a permit is issued.
B. The owner or operator shall furnish to the commissioner, within a reasonable time, any information that the commissioner may request in writing to determine whether the conditions of this chapter have been violated. Upon request, the owner or operator shall also furnish to the commissioner copies of records to be kept by the owner or operator as required by this chapter. The owner or operator shall maintain records for the current calendar year at the subject stationary source. The owner or operator shall maintain copies of records required by this chapter for five years from the date the record was made. For all years prior to the current calendar year, the owner or operator shall maintain the records at the subject stationary source or at an office of the owner or operator.
C. All reports, record-keeping, testing, and monitoring submittals to the commissioner under this chapter must include a certification made by a responsible official. The certification must state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
D. The owner or operator shall at all times properly operate and maintain the facilities and systems of treatment and control, and the appurtenances related to them that are installed or used by the owner or operator, to achieve compliance with this chapter. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.
E. The owner or operator shall maintain sufficient records to demonstrate the proper operation and maintenance of treatment and control and the appurtenances related to them that are installed or used by the owner or operator to achieve compliance with this chapter. The records must include at least a description of any maintenance, inspection, and repair activity; the date the activity was completed; and any corrective action taken. If an emissions unit can be operated without the associated control equipment, the owner or operator shall maintain a record of control equipment operation while the emissions unit is operated.
F. The owner or operator of a stationary source that operates without a permit according to this chapter must comply with part 7007.0400, subpart 4, when making a change or modification that disqualifies the stationary source for a permit exemption under part 7007.0300.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 27 SR 1579; 43 SR 797*
##### **Minn. R. 7008.0300** Permits {#sec-7008.0300 omnilex-key=us-mn-regs-official--agency-167--7008.0300}
**Subpart 1. Existing permit or permit application.**
If the owner or operator has submitted a complete application for a permit for a stationary source that could otherwise be conditionally exempt from the requirement to obtain a permit under this chapter, then the owner or operator may withdraw the original application by giving notice in writing to the commissioner. If a permit has been issued for a stationary source that could otherwise be conditionally exempt from the requirement to obtain a permit under this chapter, the owner or operator may request the commissioner to void the permit because the owner or operator intends to comply with this chapter.
**Subp. 2. Application for permit.**
The owner or operator shall submit an application for a part 70, state, general, or registration permit, within 120 days of the commissioner's written request for the application if the commissioner determines that:
A. the stationary source has a history of noncompliance with applicable requirements;
B. the stationary source is not eligible for the conditional exemption from the requirement to obtain a permit as provided by part 7007.0300, subpart 1;
C. the applicable requirements to which the stationary source is subject have changed substantially; or
D. the stationary source endangers human health or the environment and that a change in the operation of the stationary source would remove the danger to human health or the environment.
**Subp. 3. No circumvention; permit shield.**
A. The owner or operator of a stationary source that claims to be exempt from the requirement to obtain a permit under this chapter is subject to enforcement action for operation without a permit if the commissioner later determines that the stationary source does not qualify for the conditional exemption.
B. The permit shield under part 7007.1800 does not apply to any stationary source that is exempt from the requirement to obtain a permit under this chapter.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 27 SR 1579*
##### **Minn. R. 7008.2000** Conditionally Exempt Stationary Sources; Eligibility {#sec-7008.2000 omnilex-key=us-mn-regs-official--agency-167--7008.2000}
Any stationary source that has no other emissions or emissions units that would require a permit under chapter 7007 may operate without a permit under this chapter. To be eligible to operate without a permit under this chapter, the stationary source must comply with all general and technical standards established by this chapter and all applicable requirements as defined in part 7007.0100, subpart 7.
If the stationary source has other emissions or emissions units, the owner or operator shall determine if a permit is required as provided in part 7007.0150. If the limits provided in this chapter are used as provided in part 7007.0150, subpart 4, for certain emissions units, the stationary source must comply with all general and technical standards established in this chapter for those emissions units.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 27 SR 1579*
##### **Minn. R. 7008.2100** Gasoline Service Stations; Technical Standards {#sec-7008.2100 omnilex-key=us-mn-regs-official--agency-167--7008.2100}
**Subpart 1. Eligibility.**
A. To be eligible to operate without a permit under this chapter, the owner or operator of a gasoline service station must comply with this part and part 7008.2000.
B. Gasoline receipt and dispensing operations must account for substantially all of the emissions from the facility. All other emissions from the stationary source must be from insignificant activities under part 7007.1300, subpart 2 or 3, or conditionally insignificant activities, or both.
C. The owner or operator of a gasoline service station must have monthly gasoline throughput quantities that are less than the following:
D. Stage-one vapor recovery systems must comply with the requirements of part 7011.0870.
**Subp. 2. Record keeping.**
The owner or operator of a gasoline service station must maintain records for each calendar month of the number of gallons of gasoline throughput.
**Subp. 3. Notification.**
A. The owner or operator of a gasoline service station must submit a notification to the commissioner at least 90 days before beginning construction of a gasoline service station if the number of refueling positions is greater than the following:
B. The notification in item A must contain:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 27 SR 1579; 43 SR 797*
##### **Minn. R. 7008.2200** Concrete Manufacturing; Technical Standards {#sec-7008.2200 omnilex-key=us-mn-regs-official--agency-167--7008.2200}
**Subpart 1. Eligibility.**
To be eligible to operate without a permit under this chapter, the owner or operator of a concrete manufacturing stationary source must comply with this part and parts 7008.2000 and 7011.0850 to 7011.0859.
**Subp. 2. Production limitation.**
Production must be limited to less than 300,000 tons of unhardened concrete in any calendar year for owners or operators that elect not to receive emissions reduction credit for road dust control. Production must be limited to less than 360,000 tons of unhardened concrete in any calendar year for owners or operators that elect to receive credit for road dust control on unpaved roads by:
A. recording the date and time of the road dust control action and the initials of the person making the record;
B. recording the amount of water or dust suppressant applied; and
C. if a commercially available dust suppressant is used, applying it in accordance with the manufacturer's guidelines.
**Subp. 3. Authorized emissions units and activities.**
The concrete manufacturing plant may contain only the emissions units and activities described in items A to D:
A. Storage piles, aggregate transfer, cementitious material transfer, weigh hopper loading, mixers, mixer loading, truck loading, block forming equipment, mobile vehicle sources such as trucks, front-end loaders, and forklifts, and aggregate heaters used solely to improve the flowability of aggregate used in manufacturing concrete burning only natural gas, propane, or No. 1 or No. 2 fuel oil or a combination of these fuels.
B. Individual indirect heating equipment, as defined in part 7011.0500, subpart 9, with a rated heat input capacity less than 10,000,000 Btu per hour burning only natural gas, propane, or No. 1 or No. 2 fuel oil or a combination of these fuels.
C. Nonmobile internal combustion engines, such as emergency generators, burning less than 37,500 gallons per calendar year of gasoline, No. 1 fuel oil, or No. 2 fuel oil combined.
D. Miscellaneous units and activities as described in subitem (1) or (2):
**Subp. 4. PM-10 nonattainment areas.**
The concrete manufacturing plant may not be located in areas designated as nonattainment for PM-10.
**Subp. 5. Crushing operations.**
Crushing operations may be located at the concrete manufacturing plant site and are not considered part of the concrete manufacturing plant unless more than 50 percent of the material processed by the crusher or crushers is used by the concrete manufacturing plant in the manufacture of concrete. The owner or operator of the crusher and associated operations shall obtain an air emissions permit for the crusher or crushers and associated operations if they are described under part 7007.0200 or 7007.0250.
**Subp. 6. Record keeping.**
The owner or operator of a concrete manufacturing stationary source must maintain records that contain:
A. the calendar-year production of unhardened concrete in tons to demonstrate compliance with subpart 2;
B. documentation of compliance with the requirements for conditionally insignificant activities;
C. the types of fuel combusted in nonmobile emissions units in each calendar year to demonstrate compliance with subpart 3, items A to C, and the amounts of fuel combusted in nonmobile internal combustion engines to demonstrate compliance with subpart 3, item C; and
D. documentation of compliance with subpart 2, items A and B, if the owner or operator elects to receive credit for reducing emissions by controlling road dust.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 27 SR 1579; 43 SR 797*
##### **Minn. R. 7008.2250** [Repealed, 43 SR 797] {#sec-7008.2250 omnilex-key=us-mn-regs-official--agency-167--7008.2250}
[Repealed, 43 SR 797]
##### **Minn. R. 7008.2300** Auto-Body Refinishing; Technical Standards {#sec-7008.2300 omnilex-key=us-mn-regs-official--agency-167--7008.2300}
**Subpart 1. Eligibility.**
A. To be eligible to operate without a permit under this chapter, the owner or operator of an auto-body refinishing facility must comply with this part and part 7008.2000.
B. Painting automobiles and automobile parts must account for substantially all emissions from the auto-body refinishing facility. All other emissions from the stationary source must be from insignificant activities in part 7007.1300, subpart 2 or 3, or conditionally insignificant activities that comply with parts 7008.4000 and 7008.4110, or both.
C. The owner or operator of an auto-body refinishing facility must:
**Subp. 2. Operational requirements.**
The owner or operator of an auto-body refinishing facility must:
A. ensure all painters are trained in proper spray application of surface coatings and proper setup and maintenance of spray equipment. Each painter must be trained no later than 180 days after hiring and every five years after the date previous training was completed;
B. ensure spray-painting operations, excluding those done by spray guns with three ounces or less cup capacity and aerosol or pump spray containers with 16 ounces or less capacity, are completed inside a particulate-control system that is designed to confine and direct paint overspray, fumes, and vapors to a powered ventilation system and is equipped with either dry filtration or a water-wash system to capture paint overspray;
C. operate and maintain spray-painting equipment, exhaust filtration systems, and spray booths according to the manufacturer's specification;
D. ensure all spray-gun cleaning is done so that an atomized mist or spray of gun-cleaning solvent and paint residue is not created outside a container that collects used gun-cleaning solvent. Spray-gun cleaning may be done, for example, by hand cleaning parts of the disassembled gun in a container of solvent, by flushing solvent through the gun without atomizing the solvent and paint residue, or by using a fully enclosed spray-gun washer. A combination of nonatomizing methods may also be used; and
E. comply with the requirements for booth specifications, stripping management practices, overspray-capture efficiency, spray-gun specifications, solvent storage, and training in Code of Federal Regulations, title 40, part 63, subpart HHHHHH, as applicable.
**Subp. 3. Record keeping.**
A. The owner or operator of an auto-body refinishing facility must maintain:
B. The owner or operator of an auto-body refinishing facility that chooses to comply with the VOC and HAP emission limits in subpart 1, item C, subitem (2), must maintain:
C. For purposes of this part, "recycling" means reclamation or reuse, as defined in part 7045.0020, of a coating or cleaning material. If the owner or operator ships waste material from coating and cleaning activities off-site for recycling:
D. The owner or operator must comply with the requirements for monitoring, record keeping, and reporting in Code of Federal Regulations, title 40, part 63, subpart HHHHHH, as applicable.
**Subp. 4. Calculating emissions.**
The owner or operator of an auto-body refinishing facility that chooses to comply with the VOC and HAP emission limits in subpart 1, item C, subitem (2), must calculate VOC and HAP emissions using the methods in items A and B.
A. The owner or operator must calculate VOC emissions using a method in subitem (1) or (2). If the owner or operator ships waste material from coating or cleaning activities off-site for recycling, the amount of VOC recycled may be subtracted from the amount of VOC calculated in subitem (1) or (2):
B. The owner or operator must calculate total HAP emissions using a method in subitem (1) or (2). If the owner or operator ships waste material from coating or cleaning activities off-site for recycling, the amount of HAP recycled may be subtracted from the amount of total HAP calculated in subitem (1) or (2):
**Subp. 5. Notification.**
A. If the owner or operator of an auto-body refinishing facility covered by a permit issued under parts 7007.0050 to 7007.1850 intends to operate without a permit according to this chapter, the owner or operator must:
B. The owner or operator of an auto-body refinishing facility not described in item A must notify the commissioner in a format specified by the commissioner within 120 days after the effective date of this part or within 120 days after beginning to operate an auto-body refinishing facility.
C. The notification required under this subpart must contain:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 43 SR 797*
##### **Minn. R. 7008.2400** Coating Facility; Technical Standards {#sec-7008.2400 omnilex-key=us-mn-regs-official--agency-167--7008.2400}
**Subpart 1. Eligibility.**
A. The owner or operator of a coating facility that is not an auto-body refinishing facility and that has no other emissions or emissions units that would require a permit under chapter 7007 may operate without a permit under this chapter. To be eligible to operate without a permit under this chapter, the owner or operator of a coating facility must comply with this part and part 7008.2000.
B. Coating must account for substantially all emissions from the coating facility. All other emissions from the stationary source must be from insignificant activities under part 7007.1300, subpart 2 or 3, or conditionally insignificant activities that comply with parts 7008.4000 and 7008.4110, or both.
C. The owner or operator of a coating facility must:
**Subp. 2. Operational requirements.**
The owner or operator of a coating facility must:
A. ensure all painters are trained in proper spray application of surface coatings and proper setup and maintenance of spray equipment. Each painter must be trained no later than 180 days after hiring and every five years after the date previous training was completed;
B. ensure spray-painting operations, excluding those done by spray guns with three ounces or less cup capacity and aerosol or pump spray containers with 16 ounces or less capacity, are completed inside a particulate-control system that is designed to confine and direct paint overspray, fumes, and vapors to a powered ventilation system and is equipped with either dry filtration or a water-wash system to capture paint overspray;
C. operate and maintain spray-painting equipment, exhaust filtration systems, and spray booths according to the manufacturer's specification;
D. ensure all spray-gun cleaning is done so that an atomized mist or spray of gun-cleaning solvent and paint residue is not created outside a container that collects used gun-cleaning solvent. Spray-gun cleaning may be done, for example, by hand cleaning parts of the disassembled gun in a container of solvent, by flushing solvent through the gun without atomizing the solvent and paint residue, or by using a fully enclosed spray-gun washer. A combination of nonatomizing methods may also be used; and
E. comply with the requirements for booth specifications, stripping management practices, overspray-capture efficiency, spray-gun specifications, solvent storage, and training in Code of Federal Regulations, title 40, part 63, subpart HHHHHH, as applicable.
**Subp. 3. Record keeping.**
A. The owner or operator of a coating facility must maintain:
B. The owner or operator of a coating facility that chooses to comply with the VOC and HAP emission limits in subpart 1, item C, subitem (2), must maintain:
C. For purposes of this part, "recycling" means reclamation or reuse, as defined in part 7045.0020, of a coating or cleaning material. If the owner or operator ships waste material from coating and cleaning activities off-site for recycling:
D. The owner or operator must comply with the requirements for monitoring, record keeping, and reporting in Code of Federal Regulations, title 40, part 63, subpart HHHHHH, as applicable.
**Subp. 4. Calculating emissions.**
The owner or operator of a coating facility that chooses to comply with the VOC and HAP emission limits in subpart 1, item C, subitem (2), must calculate VOC and HAP emissions using the methods in items A and B.
A. The owner or operator must calculate VOC emissions using a method in subitem (1) or (2). If the owner or operator ships waste material from coating or cleaning activities off-site for recycling, the amount of VOC recycled may be subtracted from the amount of VOC calculated in subitem (1) or (2):
B. The owner or operator must calculate total HAP emissions using a method in subitem (1) or (2). If the owner or operator ships waste material from coating or cleaning activities off-site for recycling, the amount of HAP recycled may be subtracted from the amount of total HAP calculated in subitem (1) or (2):
**Subp. 5. Notification.**
A. If the owner or operator of a coating facility covered by a permit issued under parts 7007.0050 to 7007.1850 intends to operate without a permit according to this chapter, the owner or operator must:
B. The owner or operator of a coating facility not described in item A must notify the commissioner in a format specified by the commissioner within 120 days after January 14, 2019, or within 120 days after beginning to operate a coating facility.
C. The notification required under this subpart must contain:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 43 SR 797*
##### **Minn. R. 7008.2500** Woodworking Facility; Technical Standards {#sec-7008.2500 omnilex-key=us-mn-regs-official--agency-167--7008.2500}
**Subpart 1. Eligibility.**
A. To be eligible to operate without a permit under this chapter, the owner or operator of a woodworking facility must comply with this part and part 7008.2000.
B. Equipment for manufacturing, mechanical finishing and refinishing, and restoring wood products and ovens for curing or drying wood products must account for substantially all the emissions from the woodworking facility. All other emissions from the stationary source must be from insignificant activities under part 7007.1300, subpart 2 or 3, or conditionally insignificant activities that comply with parts 7008.4000 and 7008.4100, or both.
C. The combined total heat input capacity of all fuel-burning ovens for curing or drying wood products must be less than or equal to 25,000,000 Btu per hour.
D. The owner or operator must limit emissions of particulate matter from all wood-product manufacturing, mechanical finishing and refinishing, and restoring equipment to less than 40,000 pounds per calendar year, calculated according to the method in subpart 5, or limit the aggregate exhaust airflow rate from all wood-product manufacturing, mechanical finishing and refinishing, and restoring equipment to less than or equal to:
**Subp. 2. Operational requirements.**
The owner or operator of a woodworking facility must:
A. ensure that equipment for manufacturing, mechanical finishing and refinishing, and restoring wood products vents emissions to control equipment meeting the requirements in subpart 3 at all times the equipment is operating;
B. operate and maintain the control equipment as required by the manufacturer's specifications and part 7008.0200, item D;
C. ensure that opacity from the control-equipment exhaust does not exceed 20 percent opacity when venting externally;
D. when emissions are vented externally, check the control-equipment exhaust for any visible emissions once each day of operation during daylight hours except during inclement weather. If visible emissions are observed for longer than six minutes, the owner or operator must:
E. inspect the control equipment once each calendar quarter or more frequently according to the manufacturer's specification; and
F. perform the hood evaluation in subpart 4, item D, if the owner or operator:
**Subp. 3. Control requirements.**
The owner or operator of a woodworking facility must comply with the applicable requirements for control equipment in items A to C.
A. The owner or operator of a woodworking facility that chooses to comply with the emission limit for particulate matter in subpart 1, item D, must install, operate, and maintain control equipment designed to control emissions of particulate matter on all wood-product manufacturing, mechanical finishing and refinishing, and restoring equipment.
B. The owner or operator of a woodworking facility that chooses to comply with the requirements in subpart 1, item D, subitem (1), must ensure all emissions from wood-product manufacturing, mechanical finishing and refinishing, and restoring equipment are vented to control equipment through a total enclosure and must:
C. The owner or operator of a woodworking facility that chooses to comply with the requirements in subpart 1, item D, subitem (2), must ensure all emissions from wood-product manufacturing, mechanical finishing and refinishing, and restoring equipment are vented to control equipment through a certified hood or total enclosure and must:
**Subp. 4. Record keeping.**
The owner or operator of a woodworking facility:
A. must maintain a record of inspection, maintenance, and repair activities performed pursuant to the manufacturer's specifications for the control equipment;
B. must maintain a written list of all wood-product manufacturing, mechanical finishing and refinishing, and restoring equipment and ovens for curing or drying wood products on site that contains:
C. must maintain records of the date and time of each visible emission check and whether or not any visible emissions were observed;
D. if the owner or operator chooses to comply with the emission limit for particulate matter in subpart 1, item D, must maintain records for each calendar year of the hours operated for the control equipment associated with each wood-product manufacturing, mechanical finishing and refinishing, and restoring equipment; and
E. if the emissions from wood-product manufacturing, mechanical finishing and refinishing, and restoring equipment are vented to the control equipment through a hood, may evaluate, on a form provided by the commissioner, whether the hood conforms to the design and operating practices recommended in "Industrial Ventilation - A Manual of Recommended Practice, American Conference of Governmental Industrial Hygienists." The manual is incorporated by reference under part 7011.0061. An owner or operator that performs this evaluation must:
**Subp. 5. Calculating emissions of particulate matter.**
The owner or operator that chooses to comply with the emission limit for particulate matter in subpart 1, item D, must calculate emissions of particulate matter from each wood-product manufacturing, mechanical finishing and refinishing, and restoring equipment according to the following equations:
E = EC + EU
EC = OP x EF x QAir x (1 lb/7,000 grains) x (60 minutes/1 hour)
EU = R x EC
Where:
E = actual emissions from the wood-product manufacturing, mechanical finishing and refinishing, or restoring equipment, in pounds per calendar year.
EC = actual emissions from the control equipment, in pounds per calendar year.
EU = actual emissions that are uncaptured by the control equipment, in pounds per calendar year.
OP = hours of operations of the control equipment per calendar year.
EF = design concentration for particulate matter from the control equipment, in grains per standard cubic foot, but if the manufacturer's design value is unknown, then the default value is 0.07 grains per standard cubic foot for cyclones or 0.03 grains per standard cubic foot for fabric filters.
QAir = design airflow rate from the control equipment, in standard cubic feet per minute.
R = the ratio of emissions that are uncaptured by the control equipment to the emissions that are captured and controlled by the control equipment. When emissions are captured through a total enclosure and vented to any type of control equipment, the value of R is 0. When emissions are captured through a certified hood, the value of R is 3.57 when vented to a fabric filter or 1.14 when vented to a cyclone or other type of control equipment. When emissions are captured through an uncertified hood, the value of R is 14.29 when vented to a fabric filter or 4.54 when vented to a cyclone or other type of control equipment.
**Subp. 6. Notification.**
A. If the owner or operator of a woodworking facility covered by a permit issued under parts 7007.0050 to 7007.1850 intends to operate without a permit according to this chapter, the owner or operator must:
B. The owner or operator of a woodworking facility not described in item A must notify the commissioner in a format specified by the commissioner within 120 days after January 14, 2019, or within 120 days after beginning to operate a woodworking facility.
C. The notification required under this subpart must contain:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 43 SR 797*
##### **Minn. R. 7008.2600** Insignificant Facility; Technical Standards {#sec-7008.2600 omnilex-key=us-mn-regs-official--agency-167--7008.2600}
**Subpart 1. Eligibility.**
A. To be eligible to operate without a permit under this chapter, the owner or operator of an insignificant facility must comply with this part and part 7008.2000.
B. The insignificant facility must have only emissions units that:
C. The owner or operator of an insignificant facility must limit the number of emissions units at the facility so that potential emissions from the facility are less than the thresholds in this item, calculated according to subpart 4:
**Subp. 2. Operational requirements.**
The owner or operator of an insignificant facility must ensure that:
A. emissions units at the facility comply with all applicable requirements, as defined in part 7007.0100, subpart 7; and
B. conditionally insignificant activities at the facility comply with parts 7008.4000 to 7008.4110.
**Subp. 3. Record keeping.**
A. The owner or operator of an insignificant facility must maintain a record of all emissions units and the Minnesota Rules citation that defines each emissions unit as an insignificant activity or conditionally insignificant activity.
B. The records must be permanently kept on site at the facility or central office and be readily available for the commissioner to examine and copy.
**Subp. 4. Calculating emissions.**
The owner or operator of an insignificant facility must calculate emissions to determine eligibility under this part as provided in this subpart. The owner or operator must:
A. use the electronic spreadsheet "Insignificant Facility PTE" provided by the commissioner to identify the number of emissions units and the Minnesota Rules citation that defines each emissions unit as an insignificant activity or conditionally insignificant activity to determine potential emissions from the insignificant facility. The "Insignificant Facility PTE" electronic spreadsheet is incorporated by reference, is not subject to frequent change, and is available on the agency's website at https://www.pca.state.mn.us/regulations/minnesota-rulemaking; or
B. calculate the facility's potential emissions as defined in part 7005.0100, subpart 35a, except that emissions caused by activities described in part 7007.1300, subpart 2, must not be considered in the calculation of potential emissions.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 43 SR 797*
##### **Minn. R. 7008.4000** Conditionally Insignificant Activities {#sec-7008.4000 omnilex-key=us-mn-regs-official--agency-167--7008.4000}
A. If operated in compliance with this part and parts 7008.4100 and 7008.4110, the activities and operation of the emissions units listed in parts 7008.4100 and 7008.4110 are insignificant activities for purposes of parts 7007.0100 to 7007.1850. Listing in part 7008.4100 or 7008.4110 has no effect on any other law, including laws enforced by the agency other than parts 7007.0100 to 7007.1850, to which the activity may be subject.
B. If a permit is required under chapter 7007:
C. Calculation of emissions from the emissions units described in parts 7008.4100 and 7008.4110 must be provided in a permit application for a part 70 permit or an amendment to a part 70 permit.
D. The emissions units described in parts 7008.4100 and 7008.4110 must be listed in a permit application, and calculation of emissions from these emissions units must be provided in the permit application if the emissions units:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 27 SR 1579; 28 SR 1482; 41 SR 763; 43 SR 797*
##### **Minn. R. 7008.4100** Conditionally Insignificant Activity; Material Usage {#sec-7008.4100 omnilex-key=us-mn-regs-official--agency-167--7008.4100}
**Subpart 1. Applicability.**
This part applies to the owner or operator of a stationary source claiming material usage in coating and solvent cleaning operations as a conditionally insignificant activity. To qualify as a conditionally insignificant activity under this part, all material usage activities at the stationary source must be included in the limits under subpart 2. If lead is a component of any material usage activity at the stationary source, this part does not apply.
**Subp. 2. Material usage limits.**
The owner or operator must limit emissions from all material usage as provided in items A and B at the stationary source to qualify as a conditionally insignificant activity under this part.
A. VOCs. The owner or operator must limit VOC emissions to less than 10,000 pounds, or VOC-containing material usage to less than 1,000 gallons, in each calendar year. Pounds of VOC emissions must be calculated according to the method in subpart 4. All VOC emissions from all material usage activities at the stationary source must be accounted for in the annual calculation. This limit applies regardless of the hazardous air pollutant content of the VOC.
B. Particulate matter. The owner or operator must limit emissions of particulate matter to less than 8,000 pounds in each calendar year, calculated according to the method in subpart 5. All particulate matter emissions from all material usage activities at the stationary source must be accounted for in the annual calculation. This limit applies regardless of the hazardous air pollutant content of the particulate matter.
**Subp. 3. Record keeping.**
The owner or operator of a stationary source claiming material usage as a conditionally insignificant activity must:
A. maintain records for each calendar year of the number of gallons of VOC-containing materials purchased or used and the maximum VOC content of each material;
B. maintain records for each calendar year of the number of gallons of solids-containing materials purchased or used and the maximum solids content of each material;
C. maintain a record of the material safety data sheet (MSDS), or a signed statement from the supplier stating the maximum VOC content and the maximum solids content for each material;
D. if the owner or operator ships waste material from material usage activities off-site for recycling, keep records of the amount of material shipped off-site for recycling, the VOC content shipped off-site for recycling, and the calculations done to determine the amount of VOC to subtract. Acceptable records include: the material safety data sheets, invoices, shipping papers, and/or hazardous waste manifests;
E. if a material usage activity includes spray application of material and the owner or operator chooses to apply the transfer efficiency in calculations, maintain information on the type of spray application equipment and transfer efficiency; and
F. if requested by the commissioner, calculate and record for any of the previous five calendar years:
**Subp. 4. Calculating VOC emissions.**
An owner or operator claiming material usage as a conditionally insignificant activity must calculate VOC emissions using one of the methods in item A or B. If the owner or operator ships waste material from material usage activities off-site for recycling, the amount of VOC recycled may be subtracted from the amount of VOC calculated in item A or B:
A. pounds of VOC emissions per calendar year equal gallons of VOC-containing material purchased or used in a calendar year multiplied by the pounds of VOC per gallon; or
B. pounds of VOC emissions per calendar year equal pounds of VOC-containing material purchased or used in a calendar year multiplied by weight percent of VOC.
**Subp. 5. Calculating emissions of particulate matter.**
A. An owner or operator claiming material usage as a conditionally insignificant activity must calculate particulate matter emissions using one of the following methods:
B. For material usage activities that involve spray application of materials, the owner or operator may apply a transfer efficiency in the calculation of particulate matter emissions by multiplying the result determined in item A by (1 - transfer efficiency). The owner or operator may also apply a control efficiency, alone or in addition to the transfer efficiency, in calculating emissions of particulate matter by multiplying the result determined in item A by (1 - control efficiency). The control efficiency used in this calculation must be determined according to part 7011.0070 for listed control equipment and may be used only if the owner or operator is in compliance with parts 7011.0060 to 7011.0080.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 27 SR 1579; 41 SR 763; 43 SR 797*
##### **Minn. R. 7008.4110** Conditionally Insignificant Activity; Mechanical Finishing Operations {#sec-7008.4110 omnilex-key=us-mn-regs-official--agency-167--7008.4110}
**Subpart 1. Applicability.**
This part applies to the owner or operator of a stationary source claiming mechanical finishing operations that emit only particulate matter as a conditionally insignificant activity. To qualify as a conditionally insignificant activity under this part, all mechanical finishing operations at the stationary source must be included in the limits under subpart 2. If lead is a component of any mechanical finishing operation at the stationary source, this part does not apply. All particulate matter is considered filterable particulate matter under this part.
**Subp. 2. Requirements.**
The owner or operator of a stationary source claiming mechanical finishing operations as a conditionally insignificant activity must:
A. install, operate, and maintain control equipment designed to control emissions of particulate matter on the mechanical finishing operations; and
B. limit emissions of particulate matter from all mechanical finishing operations to less than 10,000 pounds in each calendar year, calculated according to the method in subpart 4. All emissions of particulate matter from all mechanical finishing operations at the stationary source must be accounted for in the annual calculation.
**Subp. 3. Monitoring and record keeping.**
The owner or operator of a stationary source claiming mechanical finishing operations as a conditionally insignificant activity:
A. must operate the control equipment as required by the manufacturer's specification and part 7008.0200, item D;
B. must inspect the control equipment once each calendar quarter or more frequently according to the manufacturer's specification;
C. must maintain the control equipment according to the manufacturer's specification;
D. must maintain a record of inspection, maintenance, and repair activities and the manufacturer's inspection, maintenance, and repair specifications for the control equipment for at least five years;
E. must maintain records for each calendar year of the hours operated for the control equipment associated with each mechanical finishing operation;
F. must maintain records for each calendar year of the design airflow rate from the control equipment associated with each mechanical finishing operation;
G. if the default value is not used, must maintain records for each calendar year of the manufacturer's design concentration for particulate matter from the control equipment associated with each mechanical finishing operation; and
H. if the emissions from mechanical finishing operations are vented to the control equipment through a hood, may evaluate, on a form provided by the commissioner, whether the hood conforms to the design and operating practices recommended in "Industrial Ventilation - A Manual of Recommended Practice, American Conference of Governmental Industrial Hygienists," in order to use the certified hood values in subpart 4. The manual is incorporated by reference under part 7011.0061. An owner or operator that performs this evaluation must:
**Subp. 4. Calculating emissions of particulate matter.**
The owner or operator claiming mechanical finishing operations as a conditionally insignificant activity must calculate emissions of particulate matter from each mechanical finishing operation according to the following equations:
E = EC + EU
EC = OP x EF x QAir x (1 lb/7,000 grains) x (60 minutes/1 hour)
EU = R x EC
Where:
E = actual emissions from the mechanical finishing operation, in pounds per calendar year.
EC = actual emissions from the control equipment, in pounds per calendar year.
EU = actual emissions that are uncaptured by the control equipment, in pounds per calendar year.
OP = hours of operations of the control equipment per calendar year.
EF = design concentration for particulate matter from the control equipment, in grains per standard cubic foot, but if the manufacturer's design value is unknown, then the default value is 0.07 grains per standard cubic foot for cyclones or 0.03 grains per standard cubic foot for fabric filters.
QAir = design airflow rate from the control equipment, in standard cubic feet per minute.
R = the ratio of emissions that are uncaptured by the control equipment to the emissions that are captured and controlled by the control equipment. When emissions are captured through a total enclosure and vented to any type of control equipment, the value of R is 0. When emissions are captured through a certified hood, the value of R is 3.57 when vented to a fabric filter or 1.14 when vented to a cyclone or other type of control equipment. When emissions are captured through an uncertified hood, the value of R is 14.29 when vented to a fabric filter or 4.54 when vented to a cyclone or other type of control equipment.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 28 SR 1482; 41 SR 763; 43 SR 797*
## **Chapter 7009** AMBIENT AIR QUALITY STANDARDS
##### **Minn. R. 7009.0010** Definitions {#sec-7009.0010 omnilex-key=us-mn-regs-official--agency-167--7009.0010}
**Subpart 1. Scope.**
The definitions in this part apply to parts 7009.0010 to 7009.0080. The definitions in parts 7000.0100, 7005.0100, and 7007.0100 apply to this chapter unless the terms are otherwise defined in this part.
**Subp. 1a. Averaging time.**
"Averaging time" means the time period specified in part 7009.0080 over which air pollution concentration data are averaged in preparation for comparison to the ambient air quality standard.
**Subp. 1b. Form of the standard.**
"Form of the standard" means the method used to determine whether ambient air quality pollutant concentrations exceed the numeric level of the applicable primary or secondary ambient air quality standard.
**Subp. 2. Primary ambient air quality standards; primary standards.**
"Primary ambient air quality standards" or "primary standards" mean levels established to protect the public health from adverse effects. The adverse effects that the standards should protect against include acute or chronic subjective symptoms and physiological changes that are likely to interfere with normal activity in healthy or sensitive individuals or to interfere unreasonably with the enjoyment of life or property.
**Subp. 3. Secondary ambient air quality standards; secondary standards.**
"Secondary ambient air quality standards" or "secondary standards" mean levels established to protect the public welfare from any known or anticipated adverse effects, such as injury to agricultural crops and livestock, damage to or deterioration of property, annoyance and nuisance of persons, or hazards to air and ground transportation.
**Subp. 4. Total suspended particulate.**
"Total suspended particulate" has the meaning given in Code of Federal Regulations, title 40, section 51.100 (ss), as amended.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763; 46 SR 1209*
##### **Minn. R. 7009.0020** Prohibited Emissions {#sec-7009.0020 omnilex-key=us-mn-regs-official--agency-167--7009.0020}
No person shall emit any pollutant in such an amount or in such a manner as to cause or contribute to a violation of any Minnesota ambient air quality standard under part 7009.0080 beyond the person's property line, provided however, that in the event the general public has access to the person's property or portion thereof, the ambient air quality standards apply in those locations. The general public does not include employees or other categories of people who have been directly authorized by the property owner to enter or remain on the property for a limited period of time and for a specific purpose.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7009.0030** Enforcement {#sec-7009.0030 omnilex-key=us-mn-regs-official--agency-167--7009.0030}
The requirement in part 7009.0020 applies without respect to whether emission rules stated in other air pollution control rules of the agency are also being violated. However, in enforcing the ambient air quality standards specified in parts 7009.0010 to 7009.0080, the agency shall not seek payment of a civil or criminal penalty from a person to or with whom a permit or stipulation agreement has been issued or entered into by the agency if and only if:
A. that permit or stipulation agreement establishes emission limitations or standards of performance for the pollutant or precursor thereof for which there is an ambient air quality standard which has been violated; and
B. the person to or with whom the permit or stipulation agreement has been issued or entered into by the agency was in compliance with the corresponding emission limitations and standards of performance at the time of the violation of the ambient air quality standard.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7009.0040** Enforcement; Options {#sec-7009.0040 omnilex-key=us-mn-regs-official--agency-167--7009.0040}
Notwithstanding part 7009.0030, any violations of the ambient air quality standards shall constitute grounds for the modification or revocation of a permit, for action by the agency to amend a stipulation agreement, or for other enforcement action by the agency to further require reduction or control of that person's emissions.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7009.0050** Interpretation and Measurement Methodology, Except for Hydrogen Sulfide {#sec-7009.0050 omnilex-key=us-mn-regs-official--agency-167--7009.0050}
For all ambient air quality standards except hydrogen sulfide, interpretation of the standards and measurements made to determine compliance with the standards shall be performed as set forth in:
A. Code of Federal Regulations, title 40, part 50, National Primary and Secondary Ambient Air Quality Standards, as amended; or
B. Code of Federal Regulations, title 40, part 53-Ambient Air Monitoring Reference and Equivalent Methods, as amended; and
C. Code of Federal Regulations, title 40, part 58, Ambient Air Quality Surveillance, as amended.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 19 SR 550; 23 SR 2224*
##### **Minn. R. 7009.0060** Measurement Methodology for Hydrogen Sulfide {#sec-7009.0060 omnilex-key=us-mn-regs-official--agency-167--7009.0060}
For hydrogen sulfide, measurements made to determine compliance with the standards shall be performed in accordance with any measurement method approved by the commissioner. The commissioner shall approve a measurement method where the sensitivity, precision, accuracy, response time, and interference levels of the method are comparable to that of the measurement methods for the other pollutants described in part 7009.0050; and when the person seeking to take the measurement has developed and submitted to the agency a quality assurance plan that provides operational procedures for each of the activities described in Code of Federal Regulations, as amended, title 40, part 58, appendix A.2.2, Quality Assurance Requirements for State and Local Air Monitoring Stations.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 19 SR 550*
##### **Minn. R. 7009.0070** [Repealed, 41 SR 763] {#sec-7009.0070 omnilex-key=us-mn-regs-official--agency-167--7009.0070}
[Repealed, 41 SR 763]
##### **Minn. R. 7009.0080** Minnesota Ambient Air Quality Standards {#sec-7009.0080 omnilex-key=us-mn-regs-official--agency-167--7009.0080}
The following table contains the state ambient air quality standards.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 19 SR 550; 22 SR 1237; 23 SR 2224; 41 SR 763*
##### **Minn. R. 7009.0090** National Ambient Air Quality Standards {#sec-7009.0090 omnilex-key=us-mn-regs-official--agency-167--7009.0090}
The following national ambient air quality standards, established pursuant to section 109 of the Clean Air Act, are incorporated by reference. Interpretation of the standards and measurements made to determine compliance with these standards must be performed as specified in part 7009.0050:
A. sulfur dioxide (SO2), Code of Federal Regulations, title 40, sections 50.4, 50.5, and 50.17, as amended;
B. PM-10, Code of Federal Regulations, title 40, section 50.6, as amended;
C. PM-2.5, Code of Federal Regulations, title 40, sections 50.13 and 50.18, as amended;
D. carbon monoxide (CO), Code of Federal Regulations, title 40, section 50.8, as amended;
E. ozone (O3), Code of Federal Regulations, title 40, sections 50.9 and 50.19, as amended;
F. nitrogen dioxide (NO2), Code of Federal Regulations, title 40, section 50.11, as amended; and
G. lead (Pb), Code of Federal Regulations, title 40, section 50.16, as amended.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 41 SR 763; 46 SR 1209*
##### **Minn. R. 7009.1000** Air Pollution Episodes {#sec-7009.1000 omnilex-key=us-mn-regs-official--agency-167--7009.1000}
Parts 7009.1000 to 7009.1110 apply to any owner or operator of any emission facility or stationary source having allowable emissions of any single air pollutant of 250 or more tons per year located within or having air pollutant emissions affecting any area within Minnesota for which an air pollution alert, air pollution warning, air pollution emergency, or air pollution significant harm episode has been declared by the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 13 SR 2154; 18 SR 614; 20 SR 2316*
##### **Minn. R. 7009.1010** Definitions {#sec-7009.1010 omnilex-key=us-mn-regs-official--agency-167--7009.1010}
**Subpart 1. Scope.**
The definitions in this part apply to parts 7009.1000 to 7009.1110.
**Subp. 2. Air pollutant.**
"Air pollutant" means particulate matter, sulfur dioxide, nitrogen oxides, ozone, carbon monoxide, or nonmethane hydrocarbons.
**Subp. 3. Alert level.**
"Alert level" means the concentration of pollutants, as specified in part 7009.1020, at which first stage control actions are to be taken.
**Subp. 4. Allowable emission.**
"Allowable emission" means the emission rate calculated using the maximum rated capacity of the emission facility or stationary source, unless the emission facility or stationary source is subject to enforceable permit conditions which limit the operating rate or hours of operation or both, and the applicable standard of performance in agency rules or the standard in the permit, whichever is more stringent.
**Subp. 4a.**
[Repealed, 46 SR 1209]
**Subp. 5. Declaration.**
"Declaration" means the formal public notification of an episode made by the commissioner.
**Subp. 6.**
[Repealed by amendment, L 1987 c 186 s 15]
**Subp. 7. Emergency level.**
"Emergency level" means that concentration of pollutants, as specified in part 7009.1020, at which third stage control actions are to be taken.
**Subp. 8. Episode.**
"Episode" means that period of time during which ambient air concentrations of air pollutants equal or exceed the alert level and meteorological conditions are such that the air pollutant concentrations can be expected to persist or to increase in the absence of control actions.
**Subp. 9. Significant harm level.**
"Significant harm level" means that concentration of pollutants, as specified in part 7009.1020, at which fourth stage control actions are to be taken.
**Subp. 10. Warning level.**
"Warning level" means that concentration of pollutants, as specified in part 7009.1020, at which second stage control actions are to be taken.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 13 SR 2154; 18 SR 614; 46 SR 1209*
##### **Minn. R. 7009.1020** Episode Levels {#sec-7009.1020 omnilex-key=us-mn-regs-official--agency-167--7009.1020}
The level at which the commissioner shall declare an air pollutant alert, warning, emergency, or significant harm episode shall be determined by table 1 in part 7009.1060.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7009.1030** Episode Declaration {#sec-7009.1030 omnilex-key=us-mn-regs-official--agency-167--7009.1030}
**Subpart 1. Alert.**
An air pollution alert shall be declared by the commissioner when the commissioner finds that the concentration of any air pollutant has reached the alert level at any monitoring site and meteorological conditions are such that the air pollutant concentration can be expected to remain at, or exceed, the alert level for 12 or more hours or, in the case of ozone, to recur the following day at the same or higher levels unless control actions are taken.
**Subp. 2. Warning.**
An air pollution warning shall be declared by the commissioner when the commissioner finds that the concentration of any air pollutant has reached the warning level at any monitoring site and meteorological conditions are such that the air pollutant concentration can be expected to remain at, or exceed, the warning level for 12 or more hours or, in the case of ozone, to recur the following day at the same or higher levels unless control actions are taken. An air pollution warning shall also be declared by the commissioner when the commissioner finds that the alert level concentrations for any air pollutant have persisted in the area for 48 hours and are expected to continue for the subsequent 12 hours.
**Subp. 3. Emergency.**
An air pollution emergency shall be declared by the commissioner when the concentration of any air pollutant has reached the emergency level at any monitoring site and meteorological conditions are such that the air pollutant concentration can be expected to remain at, or exceed, the emergency level for 12 or more hours or, in the case of ozone, to recur the following day at the same or higher levels unless control actions are taken. An air pollution emergency shall also be declared by the commissioner when the commissioner finds that the warning level concentrations for any air pollutant have persisted in the area for 48 hours and are expected to continue for the subsequent 12 hours.
**Subp. 4. Significant harm episode.**
An air pollution significant harm episode shall be declared by the commissioner when the concentration of any air pollutant has reached the significant harm level at any monitoring site and meteorological conditions are such that the air pollutant concentration can be expected to remain at, or exceed, the significant harm level for 12 or more hours or, in the case of ozone, to recur the following day at the same or higher levels unless control actions are taken.
**Subp. 5. Geographical area.**
The geographical area subject to episode levels of any air pollutant shall be delineated to the extent feasible and shall be identified in the commissioner's declaration.
**Subp. 6. End of episode.**
The commissioner shall terminate the episode by declaration when:
A. the measured air pollutant concentrations no longer satisfy the criteria specified in part 7009.1020; and
B. the meteorological conditions indicate that there will not be a recurrence of episode levels of air pollutants within 24 hours of control actions are reduced or eliminated.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7009.1040** Control Actions {#sec-7009.1040 omnilex-key=us-mn-regs-official--agency-167--7009.1040}
**Subpart 1. Compliance required.**
Notwithstanding the provisions of other rules or of any installation permit, operating permit, stipulation agreement, variances, or order of the agency, all persons shall, upon notification by the commissioner or the commissioner's designee, comply with episode control directives issued by the commissioner.
**Subp. 2. Control directive.**
Control directives issued to any owner or operator of an emission facility shall be based on the emission reduction plan submitted to the commissioner pursuant to subpart 3; provided, however, that in the event that no emission reduction plan has been approved for such facility, the episode control directives shall be based upon the emission reduction objectives set forth at subpart 4.
**Subp. 3. Episode emission reduction plan.**
The owner or operator of each emission facility or stationary source located in an area of the state designated by the commissioner as having exceeded the alert levels in part 7009.1060, table 1, within the last ten years and having allowable emissions of greater than or equal to 250 tons per year of the pollutant causing the episode, shall submit to the commissioner an episode emission reduction plan to be implemented at the facility or stationary source in the event of a declaration by the commissioner of an air pollution episode. The plan shall be submitted to the commissioner within 90 days of the designation of the area or by September 1, 1995, whichever is later. The plan shall be consistent with the emission reduction objectives in subpart 4 and shall designate at least two individuals to be notified in the event of the declaration of an air pollution episode. The plan shall be subject to the approval of the commissioner. If the commissioner finds that the plan is inconsistent with such emission reduction objectives, the plan shall be returned to the owner or operator along with a written statement of the reason(s) for disapproval. The owner or operator shall correct the deficiency within 30 days of notification of disapproval and shall resubmit the plan to the commissioner.
**Subp. 4. Emission reduction objectives.**
For the purpose of these parts, emission reduction objectives shall be as indicated in tables 2 through 6 in parts 7009.1070 to 7009.1110. In the event of episode levels of both particulate matter and sulfur dioxide the commissioner shall direct coal fired electric power generating facilities which pollutant is to be reduced at each facility.
**Subp. 5. Right to enter.**
During the time that an air pollution episode declaration is in effect and has not been terminated, the owner or operator of any emission facility who has been directed to implement any portion of the facility's emission reduction plan shall allow the agency, or any authorized employee or agent of the agency, when authorized by law and upon the presentation of proper credentials to enter upon the property of the owner or operator for the purpose of obtaining information or examining records or conducting surveys or investigations pertaining to the operation of the emission facilities and the control equipment. The owner or operator shall make available on the premises to such agency employee a copy of the episode emission reduction plan for the emission facility and shall, upon request of the agency employee, demonstrate that the control directives issued to the owner or operator are being implemented.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 13 SR 2154; 18 SR 614; 20 SR 2316; 22 SR 1237*
##### **Minn. R. 7009.1050** Emergency Powers {#sec-7009.1050 omnilex-key=us-mn-regs-official--agency-167--7009.1050}
Nothing in these parts shall be interpreted to preempt the agency's emergency powers as provided in Minnesota Statutes, section 116.11 or to preclude appropriate actions from being taken by the agency to protect the public health.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7009.1060** Table 1 {#sec-7009.1060 omnilex-key=us-mn-regs-official--agency-167--7009.1060}
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7009.1070** Table 2: Emission Reduction Objectives for Particulate Matter {#sec-7009.1070 omnilex-key=us-mn-regs-official--agency-167--7009.1070}
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7009.1080** Table 3: Emission Objectives for Sulfur Oxides {#sec-7009.1080 omnilex-key=us-mn-regs-official--agency-167--7009.1080}
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7009.1090** Table 4: Emission Reduction Objectives for Nitrogen Oxides {#sec-7009.1090 omnilex-key=us-mn-regs-official--agency-167--7009.1090}
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7009.1100** Table 5: Emission Reduction Objectives for Hydrocarbons {#sec-7009.1100 omnilex-key=us-mn-regs-official--agency-167--7009.1100}
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7009.1110** Table 6: Emission Reduction Objectives for Carbon Monoxide {#sec-7009.1110 omnilex-key=us-mn-regs-official--agency-167--7009.1110}
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7009.9000** Determining Conformity of General Federal Actions to State or Federal Implementation Plans {#sec-7009.9000 omnilex-key=us-mn-regs-official--agency-167--7009.9000}
Code of Federal Regulations, title 40, part 51, subpart W, as amended, entitled "Determining Conformity of General Federal Actions to State or Federal Implementation Plans," is adopted and incorporated by reference, with the exception of Code of Federal Regulations, title 40, part 51, subpart W, section 51.851(a).
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 1167*
## **Chapter 7010** NOISE POLLUTION CONTROL
##### **Minn. R. 7010.0010** [Renumbered 7030.0010] {#sec-7010.0010 omnilex-key=us-mn-regs-official--agency-167--7010.0010}
[Renumbered 7030.0010]
##### **Minn. R. 7010.0020** [Renumbered 7030.0020] {#sec-7010.0020 omnilex-key=us-mn-regs-official--agency-167--7010.0020}
[Renumbered 7030.0020]
##### **Minn. R. 7010.0030** [Renumbered 7030.0030] {#sec-7010.0030 omnilex-key=us-mn-regs-official--agency-167--7010.0030}
[Renumbered 7030.0030]
##### **Minn. R. 7010.0040** [Renumbered 7030.0040] {#sec-7010.0040 omnilex-key=us-mn-regs-official--agency-167--7010.0040}
[Renumbered 7030.0040]
##### **Minn. R. 7010.0050** [Renumbered 7030.0050] {#sec-7010.0050 omnilex-key=us-mn-regs-official--agency-167--7010.0050}
[Renumbered 7030.0050]
##### **Minn. R. 7010.0060** [Renumbered 7030.0060] {#sec-7010.0060 omnilex-key=us-mn-regs-official--agency-167--7010.0060}
[Renumbered 7030.0060]
##### **Minn. R. 7010.0070** [Renumbered 7030.0070] {#sec-7010.0070 omnilex-key=us-mn-regs-official--agency-167--7010.0070}
[Renumbered 7030.0070]
##### **Minn. R. 7010.0080** [Renumbered 7030.0080] {#sec-7010.0080 omnilex-key=us-mn-regs-official--agency-167--7010.0080}
[Renumbered 7030.0080]
##### **Minn. R. 7010.0100** [Repealed, 11 SR 43] {#sec-7010.0100 omnilex-key=us-mn-regs-official--agency-167--7010.0100}
[Repealed, 11 SR 43]
##### **Minn. R. 7010.0200** [Repealed, 11 SR 43] {#sec-7010.0200 omnilex-key=us-mn-regs-official--agency-167--7010.0200}
[Repealed, 11 SR 43]
##### **Minn. R. 7010.0300** [Repealed, 11 SR 43] {#sec-7010.0300 omnilex-key=us-mn-regs-official--agency-167--7010.0300}
[Repealed, 11 SR 43]
##### **Minn. R. 7010.0400** [Repealed, 11 SR 43] {#sec-7010.0400 omnilex-key=us-mn-regs-official--agency-167--7010.0400}
[Repealed, 11 SR 43]
##### **Minn. R. 7010.0500** [Repealed, 11 SR 43] {#sec-7010.0500 omnilex-key=us-mn-regs-official--agency-167--7010.0500}
[Repealed, 11 SR 43]
##### **Minn. R. 7010.0600** [Repealed, 11 SR 43] {#sec-7010.0600 omnilex-key=us-mn-regs-official--agency-167--7010.0600}
[Repealed, 11 SR 43]
##### **Minn. R. 7010.0700** [Repealed, 11 SR 43] {#sec-7010.0700 omnilex-key=us-mn-regs-official--agency-167--7010.0700}
[Repealed, 11 SR 43]
##### **Minn. R. 7010.1000** [Renumbered 7030.1000] {#sec-7010.1000 omnilex-key=us-mn-regs-official--agency-167--7010.1000}
[Renumbered 7030.1000]
##### **Minn. R. 7010.1100** [Renumbered 7030.1010] {#sec-7010.1100 omnilex-key=us-mn-regs-official--agency-167--7010.1100}
[Renumbered 7030.1010]
##### **Minn. R. 7010.1200** [Renumbered 7030.1020] {#sec-7010.1200 omnilex-key=us-mn-regs-official--agency-167--7010.1200}
[Renumbered 7030.1020]
##### **Minn. R. 7010.1300** [Renumbered 7030.1030] {#sec-7010.1300 omnilex-key=us-mn-regs-official--agency-167--7010.1300}
[Renumbered 7030.1030]
##### **Minn. R. 7010.1400** [Renumbered 7030.1040] {#sec-7010.1400 omnilex-key=us-mn-regs-official--agency-167--7010.1400}
[Renumbered 7030.1040]
##### **Minn. R. 7010.1500** [Renumbered 7030.1050] {#sec-7010.1500 omnilex-key=us-mn-regs-official--agency-167--7010.1500}
[Renumbered 7030.1050]
##### **Minn. R. 7010.1600** [Renumbered 7030.1060] {#sec-7010.1600 omnilex-key=us-mn-regs-official--agency-167--7010.1600}
[Renumbered 7030.1060]
## **Chapter 7011** STANDARDS FOR STATIONARY SOURCES
##### **Minn. R. 7011.0010** Applicability of Standards of Performance {#sec-7011.0010 omnilex-key=us-mn-regs-official--agency-167--7011.0010}
**Subpart 1. Existing facility.**
An owner or operator of an existing emission facility shall comply with all applicable state air pollution control rules for existing emission facilities.
**Subp. 2. New facility.**
An owner or operator who constructs, modifies, or reconstructs an emission facility must comply with the new source performance standards, if applicable, and the standards of performance for a new emission facility set forth in the state air pollution control rules. However, if the administrator has determined a state standard of performance to be of equal or superior environmental protection compared to the new source performance standards, then the owner or operator need only comply with the state standard of performance.
**Subp. 3. Exception.**
For the purpose of the state air pollution control rules, the use of an alternative type of fuel or raw material is not a modification if the existing facility was designed to accommodate the alternative type of fuel or raw material. An emission facility is considered to be designed to accommodate an alternative type of fuel or raw material if that use could be accomplished under the facility's construction specifications as amended prior to the change.
**Subp. 4. Opacity standards.**
The opacity standards in an applicable requirement apply at all times except during periods of start-up, shutdown, and malfunction, and as otherwise provided in an applicable requirement or compliance document as defined in parts 7007.0100 and 7017.2005. The exemption for periods of start-up, shutdown, and malfunction applies only if:
A. at all times, including periods of start-up, shutdown, or malfunction, the owner or operator, to the extent practicable, maintains and operates the affected emission facility and air pollution control equipment in a manner consistent with good operating practice for the installed equipment design. Determination of whether acceptable operating and maintenance procedures are being used shall be based on, among other information, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source;
B. the owner or operator complies with parts 7019.1000 and 7019.2000 in the event of a shutdown, breakdown, or malfunction; and
C. the applicable requirement or compliance document does not state that the opacity standard applies during such conditions.
**Subp. 5. Transition to new opacity averaging method.**
All permits issued before July 27, 1998, are amended to reflect the amendments to this chapter adopted on July 27, 1998, that are related to opacity averaging and excursions.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2275; 18 SR 614; 23 SR 145; 23 SR 2224; 46 SR 1209*
##### **Minn. R. 7011.0020** Circumvention {#sec-7011.0020 omnilex-key=us-mn-regs-official--agency-167--7011.0020}
No owner or operator may install or use a device or means that conceals or dilutes emissions, which would otherwise violate a federal or state air pollution control rule, without reducing the total amount of pollutant emitted.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2275; 18 SR 614*
##### **Minn. R. 7011.0050** General Provisions of Federal Standards Incorporated by Reference {#sec-7011.0050 omnilex-key=us-mn-regs-official--agency-167--7011.0050}
**Subpart 1. General.**
For purposes of interpreting, applying, and enforcing federal regulations that are incorporated by reference into this chapter:
A. Code of Federal Regulations, title 40, sections 60.1, 60.2, 60.3, 60.5, 60.6, 60.12, 60.14, 60.15, 60.17, and 60.18, as amended, are incorporated by reference;
B. Code of Federal Regulations, title 40, sections 63.1, 63.2, 63.3, 63.4, 63.5, 63.6, 63.11, and 63.14, as amended, are incorporated by reference; and
C. Code of Federal Regulations, title 40, sections 61.02, 61.03, 61.05, 61.06, 61.07, 61.08, 61.12, 61.15, 61.18, and 61.19, as amended, are incorporated by reference, except that the authorities identified in Code of Federal Regulations, title 40, section 61.12 (d)(1), are not delegated to the commissioner and are retained by the administrator.
**Subp. 2. Required information.**
All requests, reports, applications, submittals, and other communications to the administrator that are incorporated by reference into this chapter must be submitted to the commissioner unless otherwise specified in Code of Federal Regulations or state rule.
**Subp. 3. Authorities.**
References to the administrator in the incorporated federal regulations refer to the commissioner, except when authorities are specifically identified in Code of Federal Regulations or state rule as nondelegable.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.0060** Definitions {#sec-7011.0060 omnilex-key=us-mn-regs-official--agency-167--7011.0060}
**Subpart 1. Scope.**
The definitions in parts 7005.0100 and 7007.0100 apply to the terms used in parts 7011.0060 to 7011.0080 unless the terms are defined in this part. The definitions in this part apply to the terms used in parts 7011.0060 to 7011.0080.
**Subp. 2. Capture efficiency.**
"Capture efficiency" means the percentage of emissions produced by a process that are captured by an enclosure and/or ductwork and transported to air pollution control equipment.
**Subp. 3. Collection efficiency.**
"Collection efficiency" means the percentage of emissions entering the air pollution control equipment that are collected by the air pollution control equipment and thus removed from the exhaust stream. "Collection" pertains to pollutants that are collected but molecular composition may or may not be changed.
**Subp. 3a. Control efficiency.**
"Control efficiency" has the meaning given to control equipment efficiency in subpart 3b.
**Subp. 3b. Control equipment efficiency.**
"Control equipment efficiency" means the percentage of emissions produced by a process that are not emitted to the atmosphere. Control equipment efficiency is equal to the product of the capture efficiency and collection efficiency or the product of capture efficiency and destruction efficiency.
**Subp. 3c. Control equipment manufacturer.**
"Control equipment manufacturer" means a person that manufactures and sells control equipment, if at least 50 percent of the dollar value of the annual control equipment sales are made to persons who are not a subsidiary, division, or subdivision of the control equipment manufacturer.
**Subp. 3d. Destruction efficiency.**
"Destruction efficiency" means the percentage of emissions entering the air pollution control equipment that are destroyed by the air pollution control equipment and thus removed from the exhaust stream. "Destruction" pertains to pollutants that are destroyed whereby molecular composition is changed.
**Subp. 3e. Hood.**
"Hood" means a shaped inlet to a pollution control system that does not totally surround emissions from an emissions unit, that is designed, used, and maintained to capture and discharge the air emissions through ductwork to control equipment, and that conforms to the design and operating practices recommended in "Industrial Ventilation - A Manual of Recommended Practice, American Conference of Governmental Industrial Hygienists." This document is subject to frequent change. A spray booth can be a hood if it meets the definition in this subpart.
**Subp. 4. Listed control equipment.**
"Listed control equipment" means the control equipment at a stationary source listed in part 7011.0070, subpart 1a, Table A.
**Subp. 4a. Testing company.**
"Testing company" means a corporation, partnership, limited liability company, or sole proprietorship that conducts evaluations of hood design parameters as a normal part of its business activities and that is not the owner or operator of the emission facility or a subsidiary, division, or subdivision of the owner or operator of the emission facility.
**Subp. 5. Total enclosure.**
"Total enclosure" means an enclosure that completely surrounds emissions from an emissions unit such that all emissions are captured and discharged through ductwork to control equipment.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1345; 22 SR 1237; 23 SR 2224; 32 SR 904*
##### **Minn. R. 7011.0061** Incorporation by Reference {#sec-7011.0061 omnilex-key=us-mn-regs-official--agency-167--7011.0061}
For the purpose of parts 7011.0060 to 7011.0080, the document, Industrial Ventilation - A Manual of Recommended Practice, American Conference of Governmental Industrial Hygienists (1984), 1300 Kemper Meadow Drive, Cincinnati, Ohio 45240, is incorporated by reference. American Conference of Governmental Industrial Hygienists is the author and publisher. This document is available through the Minitex interlibrary loan system (University of Minnesota Library). This document is subject to frequent change.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1345; 32 SR 904*
##### **Minn. R. 7011.0065** Applicability {#sec-7011.0065 omnilex-key=us-mn-regs-official--agency-167--7011.0065}
**Subpart 1. Applicability.**
The owner or operator of a stationary source must comply with parts 7011.0060 to 7011.0080 if the owner or operator elected to use the control equipment efficiencies for listed control equipment established pursuant to part 7011.0070 to calculate potential to emit, from emissions units that discharge through the listed control equipment, to:
A. determine what type of permit is required, pursuant to part 7007.0150, subpart 4, item B;
B. determine what type of amendment to a part 70 or state permit is required, pursuant to part 7007.1200;
C. qualify for an insignificant modification under part 7007.1250;
D. qualify for registration permit option D under part 7007.1130;
E. qualify for a capped permit under parts 7007.1140 to 7007.1148; or
F. determine that a change triggers the notification requirement under part 7007.1150, item C, subitem (3).
**Subp. 2.**
[Repealed, 32 SR 904]
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 19 SR 1345; 22 SR 1237; 23 SR 2224; 29 SR 626; 32 SR 904; 41 SR 763*
##### **Minn. R. 7011.0070** Listed Control Equipment and Control Equipment Efficiencies {#sec-7011.0070 omnilex-key=us-mn-regs-official--agency-167--7011.0070}
**Subpart 1. Listed control equipment efficiencies.**
A. Unless a part 70, state, or general permit specifies a different control efficiency, the owner or operator of a stationary source must at all times attain at least the control efficiency listed in Table A for each piece of listed control equipment at the stationary source. The applicable control efficiency for a type of listed control equipment and a given pollutant is determined by whether air emissions are discharged to the control equipment through a hood that is certified as described in part 7011.0072, through a noncertified hood, or through a total enclosure. The control equipment efficiencies in Table A do not apply to any hazardous air pollutant.
B. The use of the control efficiencies listed in Table A under subpart 1a that are associated with a hood that is not certified is limited to the owner or operator of a stationary source that qualifies for a registration permit under parts 7007.1110 to 7007.1130.
**Subp. 1a. Exceptions where control efficiency disallowed.**
The owner or operator may not use a control efficiency listed in Table A if:
A. the commissioner determines that the listed efficiency is inapplicable or is not representative of the source due to complexity of the process or source of emissions, lack of reliable data, presence of a pollutant or constituent such as organic or inorganic condensable particulate matter or an organic compound significantly more difficult to control than the overall VOC gas stream that makes the categorical efficiency nonrepresentative, or other site-specific conditions; or
B. the commissioner determines that alternate site-specific requirements are necessary to ensure compliance with applicable requirements or to protect human health or the environment. Table A - Section 1 - Equipment Designed Primarily for Particulate Matter Control Table A - Section 2 - Equipment Designed for VOC Control (includes efficiencies for pollutants where there is a co-benefit of control) Drawing 1 If one or more of the "ratio dimensions," as listed in table 1, are in a different efficiency category (high, medium, low), then the lowest efficiency category shall be applied.
**Subp. 1b. Transition period.**
Any owner or operator of a stationary source that used the control efficiencies in part 7011.0070 to qualify for its permit and is ineligible for its permit on or after January 1, 2007, shall apply for another type of permit on or before December 31, 2008.
**Subp. 2. Alternative control equipment and capture efficiencies; control efficiencies for hazardous air pollutants.**
The owner or operator of a stationary source may use an alternative control equipment efficiency or capture efficiency or both for the control equipment listed in subpart 1, if the actual control efficiency or capture efficiency has been verified by a performance test approved by the commissioner under parts 7017.2001 to 7017.2060. The owner or operator of a stationary source may use a control equipment efficiency for listed control equipment for a hazardous air pollutant, if the control efficiency has been verified by a performance test approved by the commissioner under parts 7017.2001 to 7017.2060. The request for the alternative control efficiency or capture efficiency or both may be made through a permit application for a part 70, state, registration, capped, or general permit, or in a required notice or application submitted under parts 7007.1150 to 7007.1500, by including the verification or approval letter and the required operating parameters in the application or notice. The owner or operator of a stationary source must attain at all times the alternative control efficiency or capture efficiency or both for a piece of listed control equipment at the stationary source established under this subpart.
**Subp. 3.**
[Repealed, 32 SR 904]
**Subp. 4.**
[Repealed, 32 SR 904]
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 19 SR 1345; 20 SR 2316; 22 SR 1237; 23 SR 2224; 29 SR 626; 32 SR 904; 41 SR 763; 46 SR 1209*
##### **Minn. R. 7011.0072** Requirements for Certified Hoods {#sec-7011.0072 omnilex-key=us-mn-regs-official--agency-167--7011.0072}
**Subpart 1. Applicability.**
This part applies only to certified hoods and hoods the owner or operator elects to be certified. Nothing in this part shall be construed to allow the owner or operator of an emission facility to violate an applicable requirement or compliance document. Hoods evaluated before June 8, 1999, using a form, the contents of which differ from the content in subpart 3, are not required to be reevaluated, unless requested by the commissioner to demonstrate continued conformity with the design and operating practices described in the manual incorporated by reference under part 7011.0061.
**Subp. 2. Certification required.**
In order to use a certified hood control efficiency value in part 7011.0070, subpart 1a, Table A, the owner or operator of a stationary source must:
A. arrange for a testing company to conduct a hood evaluation;
B. document, on a form provided by the commissioner, that the hood conforms to the design and operating practices recommended in the manual incorporated by reference under part 7011.0061 and must include with the permit application a certification statement as specified in item C, if the hood exists at the time of application. If the hood does not exist at the time of application, then the certification required in item C shall be sent to the commissioner within 30 days after start-up. The form used to demonstrate that the hood conforms to the required design and operating practices shall contain the elements listed in subpart 3; and
C. include on the form required under item B a certification statement signed by the responsible official, stating as follows: "I certify under penalty of law that the aforementioned hood(s) has (have) been evaluated under my direction or supervision by qualified personnel and that, to the best of my knowledge and belief, the (each) hood conforms to the design and operating practices recommended in "Industrial Ventilation - A Manual of Recommended Practice, American Conference of Governmental Industrial Hygienists.""
**Subp. 3. Contents of hood evaluation form.**
The hood evaluation form required in subpart 2 shall include:
A. hood dimensions recommended by the manual incorporated by reference under part 7011.0061;
B. design capture velocity and justification for use of this velocity and a list of the manual pages relied on;
C. minimum recommended air flow into the hood;
D. recommended hood face velocity or slot velocity, and, if applicable, plenum and duct velocity;
E. capture velocity test plan; and
F. actual values of design parameters listed in items A to D, as well as fan rotation speed or fan power draw, as determined through testing.
**Subp. 4. Monitoring and record keeping.**
The owner or operator of a certified hood shall:
A. maintain at the stationary source the most current record of each hood evaluation required by part 7011.0070; and
B. measure the fan rotation speed, fan power draw, face velocity, or other comparable air flow indicator for each hood and maintain a yearly summary of these measurements. Each yearly summary shall be maintained at the stationary source for a minimum of five years.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904*
##### **Minn. R. 7011.0075** Listed Control Equipment General Requirements {#sec-7011.0075 omnilex-key=us-mn-regs-official--agency-167--7011.0075}
**Subpart 1. Operating control equipment.**
The owner or operator of a stationary source shall operate all listed control equipment located at the stationary source whenever operating the emission units controlled by the listed control equipment in compliance with parts 7011.0060 to 7011.0080. Unless specifically allowed by a part 70, state, or general permit, each piece of listed control equipment, with the exception of low-temperature fabric filters (ID #018) using visible emissions as the monitoring parameter under part 7011.0080, shall at all times be operated in the range established by the control equipment manufacturer's specifications for each monitoring parameter listed in part 7011.0080, or within the operating parameters set by the commissioner as the result of the most recent performance test conducted to determine control efficiency under parts 7017.2001 to 7017.2060 if those are more restrictive.
The owner or operator with fabric filters (ID #016, #017, #018) using pressure drop as the monitoring parameter under part 7011.0080 and applying for a registration permit or a capped permit, may request an alternative range to the control equipment manufacturer's specifications, if the proposed range is based on two years of compliant monitoring data supplied with the request. The proposed operating range shall be deemed acceptable unless the owner or operator is notified otherwise in writing within 30 days of receipt by the commissioner. The commissioner shall deny a request for an alternative monitoring parameter range if the commissioner finds that:
A. an owner or operator has failed to disclose fully all facts relevant to the proposed monitoring parameter range of the control device or the owner or operator has knowingly submitted false or misleading information to the commissioner;
B. operation of the control device in the monitoring parameter range proposed by the owner or operator would result in noncompliance with applicable requirements, endanger human health or the environment, or subject the stationary source to different applicable requirements or requirements under chapter 7007; or
C. the proposed range is not supported by the data supplied with the request.
**Subp. 2. Maintaining control equipment.**
The owner or operator of a stationary source shall maintain each piece of listed control equipment according to the control equipment manufacturer's specifications, shall comply with source-specific maintenance requirements specified in a part 70, state, or general permit, and shall perform the following on each piece of listed control equipment:
A. maintain an inventory of spare parts that are subject to frequent replacement, as required by the manufacturing specification or documented in records under items H and I;
B. train staff on the operation and monitoring of control equipment and troubleshooting, and train and require staff to respond to indications of malfunctioning equipment, including alarms and other indicators of abnormal operation;
C. thoroughly inspect all control equipment at least annually, or as required by the manufacturing specification (this often requires shutting down temporarily);
D. inspect monthly, or as required by the manufacturing specification, components that are subject to wear or plugging, for example: bearings, belts, hoses, fans, nozzles, orifices, and ducts;
E. inspect quarterly, or as required by the manufacturing specification, components that are not subject to wear including structural components, housings, ducts, and hoods;
F. check daily, or as required by the manufacturing specification, monitoring equipment, for example: pressure gauges, chart recorders, temperature indicators, and recorders;
G. calibrate annually, or as required by the manufacturing specification, all monitoring equipment;
H. maintain a record of activities conducted in items A to G consisting of the activity completed, the date the activity was completed, and any corrective action taken; and
I. maintain a record of parts replaced, repaired, or modified for the previous five years.
**Subp. 3. Installing monitoring equipment.**
The owner or operator of a stationary source shall install monitoring equipment to measure the operating parameters of all listed control equipment as specified by parts 7011.0072 and 7011.0080 or by source specific monitoring requirements specified in a part 70, state, or general permit. The monitoring equipment must be installed prior to operation of any new process equipment controlled by the control equipment or, for stationary sources in operation on December 27, 1994, by the application deadline listed in part 7007.0350, subpart 1, item A. The owner or operator of a stationary source shall operate the monitoring equipment for each piece of listed control equipment at all times the listed control equipment is required to operate in compliance with part 7011.0075.
**Subp. 4. Shutdown and breakdown procedures.**
In the event of a shutdown of listed control equipment, or a breakdown of listed control equipment, the owner or operator of a stationary source shall comply with part 7019.1000.
**Subp. 5. Reporting deviations.**
The owner or operator of a stationary source shall report to the commissioner in accordance with the deadlines in part 7007.0800, subpart 6, item B, subitem (2), any recorded reading outside the specification or range of specification allowed by subpart 1 of any monitored operating parameter required by part 7011.0080, except that owners or operators with a registration permit option D or a capped permit to which parts 7011.0060 to 7011.0080 apply shall make this report only if a deviation occurred in the reporting period. Owners or operators of low-temperature fabric control equipment (ID #018) using visible emissions as the monitoring parameter under part 7011.0080 shall report any visible emissions observed from the control equipment as a deviation.
**Subp. 6. Demonstrating capture and control equipment efficiency.**
The owner or operator shall, upon request of the commissioner or the administrator, conduct a performance test under parts 7017.2001 to 7017.2060 to determine the capture efficiency of a hood or other capture device or to determine the efficiency of the control equipment. In addition to the reasons specified in part 7017.2020, subpart 1, the commissioner or the administrator may make such a request to verify that the capture device or control equipment at a stationary source is attaining the efficiency assumed under part 7011.0070.
**Subp. 7. Recalculating potential to emit.**
A. The owner or operator shall recalculate the potential to emit of the stationary source under part 7007.0150, subpart 4, or under part 7007.1200 for amendments to part 70 or state permits, if the owner or operator becomes aware of any information indicating that the calculation originally performed under part 7007.0150, subpart 4, or 7007.1200, would change because the listed control equipment is not as efficient as originally assumed under part 7011.0070 or changes have been made to decrease the listed control equipment's efficiency. The owner or operator shall submit this recalculation to the commissioner within 30 days of becoming aware of the information.
B. The owner or operator shall, upon request of the commissioner or the administrator, recalculate the potential to emit of the stationary source under part 7007.0150, subpart 4, or part 7007.1200 for amendments to part 70 and state permits, and submit the recalculation to the commissioner or the administrator by the date specified in the request.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1345; 22 SR 1237; 23 SR 2224; 29 SR 626; 32 SR 904*
##### **Minn. R. 7011.0080** Monitoring and Record Keeping for Listed Control Equipment {#sec-7011.0080 omnilex-key=us-mn-regs-official--agency-167--7011.0080}
The owner or operator of a stationary source must comply with the monitoring and record keeping required for listed control equipment by the table in this part. The owner or operator shall maintain the records required by this part for a minimum of five years from the date the record was made. Unless a specific format is required, the records may be maintained in either electronic or paper format. For certified hoods, the owner or operator shall comply with part 7011.0072.
A. Equipment designed for particulate matter control
B. Equipment designed for volatile organic compound control
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 19 SR 1345; 20 SR 2316; 23 SR 2224; 32 SR 904; 41 SR 763*
##### **Minn. R. 7011.0100** Scope {#sec-7011.0100 omnilex-key=us-mn-regs-official--agency-167--7011.0100}
The standards of performance in parts 7011.0100 to 7011.0115 apply to any emission facility for which a specific standard of performance has not been promulgated in another rule.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0105** Visible Emissions; Restrictions for Existing Facilities {#sec-7011.0105 omnilex-key=us-mn-regs-official--agency-167--7011.0105}
No owner or operator of an existing emission facility to which parts 7011.0100 to 7011.0115 are applicable shall cause to be discharged into the atmosphere from the facility any gases which exhibit greater than 20 percent opacity; except for one six-minute period per hour of not more than 33 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods during which the average opacity exceeds 33 percent. For the purposes of this part, "existing emission facility" means an emission facility on which construction, modification, or reconstruction did not commence after January 31, 1977.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 22 SR 1237; 23 SR 145*
##### **Minn. R. 7011.0110** Visible Emissions; Restrictions for New Facilities {#sec-7011.0110 omnilex-key=us-mn-regs-official--agency-167--7011.0110}
No owner or operator of a new emission facility to which parts 7011.0100 to 7011.0115 are applicable shall cause to be discharged into the atmosphere from the facility any gases which exhibit greater than 20 percent opacity. For the purposes of this part, "new emission facility" means an emission facility on which construction, modification, or reconstruction commenced after January 31, 1977.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 22 SR 1237*
##### **Minn. R. 7011.0115** Performance Tests {#sec-7011.0115 omnilex-key=us-mn-regs-official--agency-167--7011.0115}
Unless another method is approved by the commissioner, any person required to submit performance tests for emission facilities for which parts 7011.0100 to 7011.0115 are applicable shall utilize Method 9 for visual determination of opacity.
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 18 SR 1412*
##### **Minn. R. 7011.0120** Adjusting Opacity Standard {#sec-7011.0120 omnilex-key=us-mn-regs-official--agency-167--7011.0120}
**Subpart 1. Application for permit modification.**
An owner or operator of an emission facility may file an application for a permit modification under chapter 7007 for adjustment of the opacity standard applicable to an emissions unit. In addition to the items required under chapter 7007, the application must contain data that demonstrates that:
A. based on tests conducted under parts 7017.1002 to 7017.2060, the emissions unit is in compliance with the applicable standard of performance for particulate matter and all other standards of performance, except the opacity standard;
B. the stationary source is in compliance with all applicable standards of performance except the opacity standard at the emissions unit for which adjustments are being sought or have already been permitted by the commissioner; and
C. the stationary source was operated in a manner to minimize the opacity of emissions at the emissions unit during the performance tests conducted under item A.
**Subp. 2. Atmospheric dispersion modeling.**
If the data submitted under subpart 1 indicates that an adjustment of the opacity standard may cause or contribute to a violation of an ambient air quality standard, the commissioner must require the owner or operator to conduct atmospheric dispersion modeling and include the results of the modeling in the application for a permit modification. However, a stationary source that has potential emissions of particulate matter of less than 25 tons per year is not required to conduct modeling. Modeling must be performed according to "Guideline on Air Quality Models," EPA-450/2-78-027R, United States Environmental Protection Agency (July 1986), as amended by supplemental updates, or methods that the commissioner finds to be comparably reliable. The guideline is incorporated by reference, is available at https://nepis.epa.gov, and is subject to frequent change.
**Subp. 3. Opacity adjustment determination and permit modification.**
The commissioner shall set an adjusted opacity standard at the most restrictive level which the performance tests conducted under subpart 1, items A and C demonstrate the emissions unit is capable of meeting and shall modify the permit to establish the adjusted opacity standard, if the requirements of subparts 1 and 2 are met and the stationary source, with the adjusted opacity standard, would meet any one of the following:
A. not cause or contribute to a violation of an ambient air quality standard;
B. have potential emissions of particulate matter of less than 25 tons per year and less than one ton per day; or
C. contribute less than one µg/m3 to an annual ambient particulate matter standard violation and less than five µg/m3 to a 24-hour ambient particulate matter standard violation.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 2275; L 1987 c 186 s 15; 13 SR 2154; 18 SR 614; 18 SR 1412; 23 SR 1764; 23 SR 2224; 46 SR 1209*
##### **Minn. R. 7011.0150** Preventing Particulate Matter from Becoming Airborne {#sec-7011.0150 omnilex-key=us-mn-regs-official--agency-167--7011.0150}
A. No person shall cause or permit the handling, use, transporting, or storage of any material in a manner which may allow avoidable amounts of particulate matter to become airborne.
B. No person shall cause or permit a building or its appurtenances or a road, or a driveway, or an open area to be constructed, used, repaired, or demolished without applying all such reasonable measures as may be required to prevent particulate matter from becoming airborne. All persons shall take reasonable precautions to prevent the discharge of visible fugitive dust emissions beyond the lot line of the property on which the emissions originate. The commissioner may require such reasonable measures as may be necessary to prevent particulate matter from becoming airborne including, but not limited to, paving or frequent clearing of roads, driveways, and parking lots; application of dust-free surfaces; application of water; and the planting and maintenance of vegetative ground cover.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 20 SR 2316*
##### **Minn. R. 7011.0300** [Repealed, 21 SR 693] {#sec-7011.0300 omnilex-key=us-mn-regs-official--agency-167--7011.0300}
[Repealed, 21 SR 693]
##### **Minn. R. 7011.0305** [Repealed, 21 SR 693] {#sec-7011.0305 omnilex-key=us-mn-regs-official--agency-167--7011.0305}
[Repealed, 21 SR 693]
##### **Minn. R. 7011.0310** [Repealed, 21 SR 693] {#sec-7011.0310 omnilex-key=us-mn-regs-official--agency-167--7011.0310}
[Repealed, 21 SR 693]
##### **Minn. R. 7011.0315** [Repealed, 21 SR 693] {#sec-7011.0315 omnilex-key=us-mn-regs-official--agency-167--7011.0315}
[Repealed, 21 SR 693]
##### **Minn. R. 7011.0320** [Repealed, 21 SR 693] {#sec-7011.0320 omnilex-key=us-mn-regs-official--agency-167--7011.0320}
[Repealed, 21 SR 693]
##### **Minn. R. 7011.0325** [Repealed, 21 SR 693] {#sec-7011.0325 omnilex-key=us-mn-regs-official--agency-167--7011.0325}
[Repealed, 21 SR 693]
##### **Minn. R. 7011.0330** [Repealed, 21 SR 693] {#sec-7011.0330 omnilex-key=us-mn-regs-official--agency-167--7011.0330}
[Repealed, 21 SR 693]
##### **Minn. R. 7011.0400** [Repealed, 22 SR 1237] {#sec-7011.0400 omnilex-key=us-mn-regs-official--agency-167--7011.0400}
[Repealed, 22 SR 1237]
##### **Minn. R. 7011.0405** [Repealed, 22 SR 1237] {#sec-7011.0405 omnilex-key=us-mn-regs-official--agency-167--7011.0405}
[Repealed, 22 SR 1237]
##### **Minn. R. 7011.0410** [Repealed, 22 SR 1237] {#sec-7011.0410 omnilex-key=us-mn-regs-official--agency-167--7011.0410}
[Repealed, 22 SR 1237]
##### **Minn. R. 7011.0500** Definitions {#sec-7011.0500 omnilex-key=us-mn-regs-official--agency-167--7011.0500}
**Subpart 1. Scope.**
As used in parts 7011.0500 to 7011.0550, the following words shall have the meanings defined herein.
**Subp. 2. Actual heat input.**
"Actual heat input" means the number of Btu per hour (cal/hr) determined by multiplying the gross heating value of the fuel by the rate of fuel burned.
**Subp. 3. Coal refuse.**
"Coal refuse" means waste products of coal mining, cleaning, and coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix material, clay, and other organic and inorganic material.
**Subp. 4. Derating.**
"Derating" means limitation of heat input and corresponding steam output capacity.
**Subp. 5. Direct heating equipment.**
"Direct heating equipment" means a furnace, kiln, dryer, or other combustion equipment used in the burning of a fossil fuel for the purpose of processing a material where the products of combustion have direct contact with the heated material.
**Subp. 6. Distillate oil.**
"Distillate oil" means grades of oils known as No. 1 and No. 2, as defined in the A.S.T.M. D 396 (1973).
**Subp. 7. Fossil fuel.**
"Fossil fuel" means natural gas, petroleum, coal, wood, peat, and any form of solid, liquid, or gaseous fuel derived from such materials for the purpose of creating useful heat.
**Subp. 8. Gross heating value.**
"Gross heating value" means the gross calorific value (cal/g or Btu/1b) of the fuel combusted as determined by A.S.T.M. test methods D 2015-66(72) for solid fuels; D 1826-64(70) for gaseous fuels, and D 240-64(73) for liquid fuels.
**Subp. 9. Indirect heating equipment.**
"Indirect heating equipment" means a furnace, a boiler, or other unit of combustion equipment used in the process of burning fossil fuel for the purpose of producing steam, hot water, hot air, or other hot liquid, gas, or solid, where the products of combustion do not have direct contact with the heated medium.
**Subp. 10. Rated heat input.**
"Rated heat input" means the number of Btu per hour (cal/hr) which the manufacturer has determined to be the continuous rated capability of the indirect heating equipment, or, where the rated heat input is not specified by the manufacturer, the number of Btu per hour (cal/hr) determined by dividing the rated heat output by the overall thermal efficiency.
**Subp. 11. Residual oil.**
"Residual oil" means grades of oils known as No. 4, No. 5 (light), No. 5 (heavy), and No. 6, as listed in A.S.T.M. D 396 (1973).
**Subp. 12. Steam generating unit.**
"Steam generating unit" means indirect heating equipment used to produce steam.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0505** Determining Applicable Standards of Performance {#sec-7011.0505 omnilex-key=us-mn-regs-official--agency-167--7011.0505}
**Subpart 1. Scope.**
Parts 7011.0500 to 7011.0550 shall apply to indirect heating equipment for which a standard of performance has not been promulgated in a specific rule.
**Subp. 2. Rated heat input.**
The applicable standards of performance in part 7011.0545 or 7011.0550 shall be determined by using the rated heat input of the specific indirect heating equipment and the total rated heat inputs of all indirect heating equipment and all direct heating equipment of one owner or operator at that particular location.
**Subp. 3. Simultaneous burning of different fuels.**
Simultaneous burning of different fuels:
A. When different fossil fuels are burned simultaneously in any combination, the applicable sulfur dioxide standard shall be determined by proration using the following formula: where: w is the maximum allowable emissions of sulfur dioxide gases in lbs per million Btu (nanograms/joule); x is the percentage of total heat input derived from gaseous fossil fuel; y is the percentage of total heat input derived from liquid fossil fuel; z is the percentage of total heat input derived from solid fossil fuel; a is the allowable SO2 standard for liquid fossil fuels expressed in lbs per million Btu (nanograms/joule); and b is the allowable SO2 standard for solid fossil fuels expressed in lbs per million Btu (nanograms/joule).
B. When different fossil fuels are burned simultaneously in any combination, the applicable nitrogen oxides standard shall be determined by proration using the following formula: where: w, x, y, and z mean the same as in the formula in item A, for determining the applicable sulfur dioxide standard; a is the allowable NOx standard for liquid fossil fuels expressed in lbs per million Btu (nanograms/joule); b is the allowable NOx standard for solid fossil fuels expressed in lbs per million Btu (nanograms/joule); and c is the allowable NOx standard for gaseous fossil fuels expressed in lbs per million Btu (nanograms/joule).
**Subp. 4. Exception.**
When lignite or a solid fossil fuel containing 25 percent by weight, or more, of coal refuse is burned in combination with gaseous, liquid, or other solid fossil fuel, the standard of performance for nitrogen oxides shall not apply.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0510** Standards of Performance for Existing Indirect Heating Equipment {#sec-7011.0510 omnilex-key=us-mn-regs-official--agency-167--7011.0510}
**Subpart 1. Particulate matter and sulfur dioxide.**
No owner or operator of existing indirect heating equipment shall cause to be discharged into the atmosphere from said equipment any gases that contain filterable particulate matter or sulfur dioxide in excess of the standards of performance shown in part 7011.0545.
**Subp. 2. Opacity.**
No owner or operator of existing indirect heating equipment shall cause to be discharged into the atmosphere from said equipment any gases which exhibit greater than 20 percent opacity, except for one six-minute period per hour of not more than 60 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods during which the average opacity exceeds 60 percent.
**Subp. 3. Definition.**
For the purposes of this part and part 7011.0545, "existing indirect heating equipment" means indirect heating equipment on which construction, modification, or reconstruction did not commence after January 31, 1977.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 22 SR 1237; 23 SR 145; 41 SR 763*
##### **Minn. R. 7011.0515** Standards of Performance for New Indirect Heating Equipment {#sec-7011.0515 omnilex-key=us-mn-regs-official--agency-167--7011.0515}
**Subpart 1. Particulate matter, sulfur dioxide, and nitrogen oxides.**
No owner or operator of new indirect heating equipment shall cause to be discharged into the atmosphere from said equipment any gases that contain filterable particulate matter, sulfur dioxide, or nitrogen oxides in excess of the standards of performance shown in part 7011.0550.
**Subp. 2. Opacity.**
No owner or operator of new indirect heating equipment of greater than 250 million Btu per hour rated heat input shall cause to be discharged into the atmosphere from said equipment any gases which exhibit greater than 20 percent opacity, except for one six-minute period per hour of not more than 27 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods during which the average opacity exceeds 27 percent.
No owner or operator of new indirect heating equipment of 250 million Btu per hour or less rated heat input shall cause to be discharged into the atmosphere from said equipment any gases which exhibit greater than 20 percent opacity; except for one six-minute period per hour of not more than 60 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods during which the average opacity exceeds 60 percent.
**Subp. 3. Definition.**
For the purposes of this part and part 7011.0550, "new indirect heating equipment" means indirect heating equipment on which construction, modification, or reconstruction commenced after January 31, 1977.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 22 SR 1237; 23 SR 145; 41 SR 763*
##### **Minn. R. 7011.0520** Allowance for Stack Height for Indirect Heating Equipment {#sec-7011.0520 omnilex-key=us-mn-regs-official--agency-167--7011.0520}
**Subpart 1. Requirement.**
The owner or operator of any indirect heating equipment shall determine and install a stack of such height that will not cause pollutant concentrations at ground levels to exceed any applicable ambient air quality standard or rule.
**Subp. 2. Methodology.**
The determination of the ground level concentrations shall be based upon applicable dispersion calculations approved by the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0525** High Heating Value {#sec-7011.0525 omnilex-key=us-mn-regs-official--agency-167--7011.0525}
The high heating value of a fossil fuel shall mean the same as the gross heating value.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0530** Performance Test Methods {#sec-7011.0530 omnilex-key=us-mn-regs-official--agency-167--7011.0530}
Unless another method is approved by the commissioner, any person required to submit performance tests for indirect heating equipment must use the following test methods to demonstrate compliance:
A. Method 1 for selection of sampling site and sample traverses;
B. Method 3 for gas analysis;
C. Method 5 for concentration of filterable particulate matter and the associated moisture content;
D. Method 6 for concentration of SO2;
E. Method 7 for concentration of NOx; and
F. Method 9 for visual determination of opacity.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.0535** Performance Test Procedures {#sec-7011.0535 omnilex-key=us-mn-regs-official--agency-167--7011.0535}
**Subpart 1. In general.**
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Method 1.**
The sampling site, as selected by Method 1, shall be the same for each pollutant during a performance test.
**Subp. 3. Method 5.**
For Method 5, the sampling time for each run must be at least 60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf) except that smaller sampling times or volumes, when necessitated by process variables or other factors, may be approved by the commissioner.
**Subp. 4. Methods 6 and 7.**
For Methods 6 and 7, the sampling point in the duct shall be at the center of the cross section or at a point no closer to the walls than 1 m (3.28 feet). For Method 6 the sample shall be extracted at a rate proportional to the gas velocity at the sampling point.
**Subp. 5. Method 6.**
For Method 6, the minimum sampling time shall be 20 minutes and the minimum sampling volume 0.02 dscm (0.71 dscf) for each sample. The arithmetic mean of two samples shall constitute one run. Samples shall be taken at approximately 30-minute intervals.
**Subp. 6. Method 7.**
For Method 7, each run shall consist of at least four grab samples taken at approximately 15-minute intervals. The arithmetic mean of the samples shall constitute the run value.
**Subp. 7. Nanograms.**
For each performance test, the emissions expressed in nanograms/joule (lb/million Btu) shall be determined by the following procedure:
where:
A. E = pollutant emission, g/million cal nanograms/joule (lb/million Btu);
B. C = pollutant concentration g/dscm (lb/dscf), determined by Method 5, 6, or 7;
C. %O2 = oxygen content by volume (expressed as percent), dry basis. Percent oxygen shall be determined by using the integrated sampling procedures of Method 3 and by analyzing the sample with a continuous monitoring system, or with the Orsat analyzer. The sample shall be obtained as follows:
D. The owner or operator may use either subitem (1) or (2) to determine the value of F. F = factor representing a ratio of the volume of dry flue gases generated to the calorific value of the fuel combusted.
E. When combinations of fuels are fired, the F factors determined by item C or D shall be prorated in accordance with the following formula: where: x = the percentage of total heat input derived from gaseous fossil fuel; y = the percentage of total heat input derived from liquid fossil fuel; z = the percentage of total heat input derived from solid fossil fuel; F1 = the value of F for gaseous fossil fuels according to item D or E; F2 = the value of F for liquid fossil fuels according to item D or E; and F3 = the value of F for solid fossil fuels according to item D or E;
F. When combinations of fossil fuels are fired, the actual heat input, expressed in cal/hr (Btu/hr), shall be determined during each testing period. The rate of fuels burned during each testing period shall be determined by suitable methods and shall be confirmed by a material balance over the indirect heating system.
**Subp. 8. Alternate method.**
When the emission factor cannot be calculated by means of the method outlined in subpart 7, the emission factors for all pollutants for all new and existing indirect heating equipment expressed in nanograms/joule (lb/million Btu) shall be determined by the following procedure:
where:
E = pollutant emissions, in nanograms/joule (lb/million Btu);
Et = pollutant emission rate, in nanograms/hr (lb/hr), determined by Method 5; and
z = actual heat input, in joules/hr, (million Btu/hr).
**Subp. 9. Operation of indirect heating equipment.**
The indirect heating equipment shall be operated during the performance test at 90 percent or more of the rated heat input, or at 100 percent of peak operating load if an owner or operator intends to achieve compliance by derating.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 18 SR 1412; 22 SR 1237; 41 SR 763*
##### **Minn. R. 7011.0540** Derate {#sec-7011.0540 omnilex-key=us-mn-regs-official--agency-167--7011.0540}
The owner or operator of indirect heating equipment who elects to achieve compliance with an applicable standard of performance by derating must:
A. advise the commissioner in writing of the intent to achieve compliance by derating and the capacity level at which the owner or operator intends to operate this equipment;
B. agree to a permit condition in the required operating permit that prohibits operating the equipment over the derate level;
C. install a boiler steam flow meter to continuously record, indicate, and integrate boiler steam flow, and must:
D. submit an effective method of physical limitation of boiler load for approval by the commissioner before authorization of a boiler derate. The limitation may include a tieback signal from the steam flow meter to the combustion control system cutting back fuel input at the derate load, a maximum limit stop on the fuel input control drive or valve, or other equivalent physical means.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 44 SR 1030*
##### **Minn. R. 7011.0545** Table I: Existing Indirect Heating Equipment {#sec-7011.0545 omnilex-key=us-mn-regs-official--agency-167--7011.0545}
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0550** Table Ii: New Indirect Heating Equipment {#sec-7011.0550 omnilex-key=us-mn-regs-official--agency-167--7011.0550}
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0551** Record Keeping and Reporting for Indirect Heating Units Combusting Solid Waste {#sec-7011.0551 omnilex-key=us-mn-regs-official--agency-167--7011.0551}
**Subpart 1. Application.**
The owner or operator of indirect heating equipment combusting mixed municipal solid waste or refuse-derived fuel which makes up 30 percent or less by weight of total fuel input, as determined by subpart 2, shall comply with the conditions of this part. If the unit combusts more than 30 percent of mixed municipal solid waste or refuse-derived fuel, parts 7011.1201 to 7011.1294 apply.
**Subp. 2. Calculation.**
The fuel feed stream composition calculation shall be the ratio of the weights of mixed municipal solid waste and refuse-derived fuel to mixed municipal solid waste, refuse-derived fuel, and all other fuels delivered to the combustion chamber. The calculation shall be made for each 24-hour period that the equipment is operated.
**Subp. 3. Log.**
The owner or operator shall maintain an operating log where the date, weights of mixed municipal solid waste and refuse-derived fuel combusted, weight of each other fuel combusted, and the result of the calculation made in subpart 2 is recorded daily.
**Subp. 4. Report.**
The owner or operator shall submit to the commissioner a quarterly report containing the date, weights of mixed municipal solid waste and refuse-derived fuel, and the weight of each other fuel combusted during the quarter. The reports shall be submitted within 30 days following December 30, March 30, June 30, and September 30 of each year.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975; L 2014 c 248 s 19; 39 SR 386*
##### **Minn. R. 7011.0553** Incorporation by Reference; Nitrogen Oxides Emission Reduction Requirements for Affected Sources {#sec-7011.0553 omnilex-key=us-mn-regs-official--agency-167--7011.0553}
Affected sources, as defined in part 7007.0100, subpart 4, must comply with Code of Federal Regulations, title 40, part 76, as amended, entitled "Acid Rain Nitrogen Oxides Emission Reduction Program," which is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1666; 44 SR 1030*
##### **Minn. R. 7011.0555** Incorporation by Reference; New Source Performance Standards; Fossil-Fuel-Fired Steam Generators {#sec-7011.0555 omnilex-key=us-mn-regs-official--agency-167--7011.0555}
Code of Federal Regulations, title 40, part 60, subpart D, as amended, entitled "Standards of Performance for Fossil-Fuel-Fired Steam Generators," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.0560** Incorporation by Reference; New Source Performance Standards; Electric Utility Steam Generating Units {#sec-7011.0560 omnilex-key=us-mn-regs-official--agency-167--7011.0560}
Code of Federal Regulations, title 40, part 60, subpart Da, as amended, entitled "Standards of Performance for Electric Utility Steam Generating Units," is incorporated by reference, except that the authorities identified in Code of Federal Regulations, title 40, section 60.45Da, are not delegated to the commissioner and are retained by the administrator.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.0561** Control of Mercury from Electric Generating Units {#sec-7011.0561 omnilex-key=us-mn-regs-official--agency-167--7011.0561}
**Subpart 1. Applicability.**
The owners or operators of a coal-fired electric generating unit that have demonstrated actual mercury emissions of five pounds per year or more must comply with this part, except as provided under subpart 3.
**Subp. 2. Definitions.**
The terms used in this part have the meanings given them in this subpart.
A. "Boiler operating day" means a 24-hour period between 12:00 midnight and the following midnight during which any fuel is combusted at any time in the steam-generating unit. It is not necessary for fuel to be combusted during the entire 24-hour period.
B. "Coal-fired electric generating unit" or "coal-fired EGU" means an electric generating unit that burns coal either exclusively or with any fuels in any amount.
C. "Electric generating unit" or "EGU" means a fossil-fuel combustion unit greater than 25 megawatt (MW) electric that serves a generator that produces electricity for sale. A fossil-fuel fired unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity to any utility power distribution system for sale is considered an electric generating unit.
D. "Grace period" means a specified number of hours after the deadline of a required quality assurance test has passed, within which the test may be performed without the loss of data.
E. "Operating hour" means a clock hour in which an EGU combusts any fuel for part of or for the entire hour.
F. "Quality-assured operating quarter" means a calendar quarter in which there are at least 168 operating hours.
**Subp. 3. Exemption.**
Beginning one year after September 29, 2014, the owners or operators of a coal-fired EGU are not subject to this part if the coal-fired EGU does not:
A. emit five pounds of mercury per year or more as demonstrated in subpart 9;
B. combust coal for more than ten percent of the average annual heat input during any three consecutive calendar years; or
C. combust coal for more than 15 percent of the annual heat input during any calendar year.
**Subp. 4. Performance standards for mercury emissions.**
Unless the commissioner establishes an alternative mercury emissions reduction under Minnesota Statutes, section 216B.687, the owners or operators of coal-fired electric generating units that do not qualify for the exemption under subpart 3 must control mercury emissions as described in this subpart.
A. By January 1, 2018, owners or operators of a coal-fired EGU with a nameplate electricity generation capacity greater than 100 MW must:
B. By January 1, 2025, owners or operators of a coal-fired EGU that is not a supplemental unit as defined in Minnesota Statutes, sections 216B.682 to 216B.688, and with a nameplate capacity less than or equal to 100 MW must:
C. By January 1, 2018, owners or operators of a coal-fired EGU that is a supplemental unit as defined in Minnesota Statutes, sections 216B.682 to 216B.688, must:
**Subp. 5. Monitoring mercury emissions.**
The owners or operators of a coal-fired EGU must monitor mercury emissions as described in this subpart.
A. Coal-fired EGUs with a generating capacity equal to or greater than 250 MW (net) must continuously monitor mercury at a representative sampling location following the outlet of the last air pollution control device. A continuous monitor is either a continuous emissions monitoring system (CEMS) for mercury or a sorbent trap monitoring system capable of monitoring mercury as described in this part.
B. If a coal-fired EGU with a generating capacity less than 250 MW does not use a CEMS or a sorbent trap monitoring system to monitor mercury, the owner or operator must conduct performance testing for mercury according to this item at least once every 12 months and must complete the test no more than 13 months after the previous test. The initial test must be conducted by the applicable compliance deadline in subpart 4. Owners or operators may conduct performance stack tests for mercury no less frequently than once every three years, but no longer than 37 months after the previous performance test, if: (i) the performance tests for at least the immediately preceding three consecutive years show mercury reduction is greater than or equal to 85 percent; or (ii) mercury emissions are at or below 1.2 pounds of mercury per Tbtu of heat input; and, in both cases, if there are no changes in the operation of the EGU or air pollution control equipment that could increase emissions. The owner or operator must resume annual performance stack tests if the test results show mercury reduction is less than 85 percent or mercury emissions are above 1.2 pounds of mercury per Tbtu of heat input. Subitems (1) to (3) apply to performance testing conducted under this item.
**Subp. 6. Monitoring provisions; CEMS for mercury.**
This subpart applies to the measurement of mercury from a coal-fired EGU using a continuous emissions monitoring system (CEMS) for mercury. "CEMS for mercury" means the total equipment required to measure the total vapor phase mercury concentration, consisting of three major subsystems: sample acquisition, transport, and conditioning; mercury converter and analyzer; and a data acquisition and handling system.
A. The monitoring plan for the CEMS for mercury must include:
B. The CEMS must operate in compliance with parts 7017.0100, 7017.1002, 7017.1030, 7017.1080 to 7017.1130, 7017.1150, and 7017.1180.
C. Owners or operators must conduct routine quality assurance and control tests on a frequency as follows:
D. Calibration gas mercury concentrations used to conduct quality assurance tests on a CEMS must have the following concentrations:
E. Measurement or adjustment of the CEMS mercury data for bias is not required.
F. The owners or operators must certify, operate, maintain, and quality-assure the CEMS used to convert measured hourly mercury concentrations to applicable emission standards according to the applicable provisions of Code of Federal Regulations, title 40, part 75.
G. The owners or operators must reduce the hourly averages data from the CEMS for mercury according to Code of Federal Regulations, title 40, section 60.13(h)(2).
H. The owners or operators must convert hourly emissions concentrations to 30 boiler operating day rolling average (lb/Tbtu) according to appropriate emission rate equations of Code of Federal Regulations, title 40, part 60, Appendix A-7, Method 19.
I. Using fuel sampling data generated by the procedures in subpart 8, the owners or operators must demonstrate that the output from item G is no greater than ten percent of the input from fuel or demonstrate that emissions in item H are no greater than those specified in subpart 4.
J. The first 30 days of the monitoring period are used to determine compliance with the mercury emissions concentration limit.
**Subp. 7. Monitoring provisions; sorbent trap monitoring system.**
A. Owners or operators of a coal-fired EGU using a sorbent trap monitoring system must follow the monitoring provisions under this subpart for the measurement of mercury. "Sorbent trap monitoring system" means the equipment necessary to monitor mercury emissions continuously by using paired sorbent traps containing iodated charcoal or other sorbent medium. The system consists of sample acquisition, transport, conditioning, sorbent traps, and an automated data acquisition and handling system. The system samples the stack gas at a constant proportional rate relative to the stack gas volumetric flow rate. The sampling is a batch process. The average mercury concentration in the stack gas for the sampling period is determined, in units of micrograms per dry standard cubic meter (μg/dscm), based on the sample volume measured by the gas flow meter and the mass of mercury collected in the sorbent traps. The use of a sorbent trap monitoring system also requires the installation and certification of a stack gas flow monitor to maintain the ratio of stack gas flow rate to sample flow rate.
B. The monitoring plan for the sorbent trap monitoring system must include:
C. The continuous monitor must be operated in compliance with parts 7017.0100, 7017.1002, 7017.1030, 7017.1080 to 7017.1130, 7017.1150, and 7017.1180.
D. Monitoring systems that are used to measure stack gas volumetric flow rate, diluent gas concentration, or stack gas moisture content, either for routine operation of a sorbent trap monitoring system or to convert mercury concentration data to units of the applicable emission limit, must be certified according to the applicable provisions of Code of Federal Regulations, title 40, part 75.
E. The owners or operators must determine the mercury concentration for each data collection period and assign this concentration value to each operating hour in the data collection period.
F. The owners or operators must convert hourly emissions concentrations to 30 boiler operating day rolling average (lb/Tbtu) according to appropriate emission rate equations of Code of Federal Regulations, title 40, part 60, Appendix A-7, Method 19.
G. Using fuel sampling data generated by the procedures in subpart 8, the owners or operators must demonstrate that the output from item F meets the limits specified in subpart 4.
H. The first 30 days of the monitoring period is the first period used to determine compliance with the mercury emissions concentration limit.
**Subp. 8. Procedures for determining mercury content of fuel.**
The owner or operator shall prepare a fuel sampling and analysis plan and submit it to the commissioner 30 days prior to collecting the initial fuel sample. When the mercury content of fuel is needed to determine total mercury emission reductions, owners or operators of a coal-fired EGU must use the fuel sampling and measuring fuel content procedures in items A to E. The mercury content of fuel used for start-up, unit shutdown, or transient flame stability does not need to be measured. The owners or operators must:
A. collect samples of each fuel using ASTM D2234/D2234M;
B. prepare a composited sample for each fuel type using ASTM D2013/D2013M;
C. determine the heat content of the fuel using ASTM D5865;
D. determine the moisture content of the fuel using ASTM D3173; and
E. measure mercury in the fuel sample using ASTM D6722-11, or SW-846-7471 for solid samples, and report in terms of lb/ton of fuel burned.
**Subp. 9. Demonstrating applicability of mercury control requirements.**
The owners or operators of a coal-fired EGU without a continuous monitor for mercury must conduct a 28 to 30 operating day performance test to determine the mercury mass emissions according to this subpart. The initial test must be completed within one year of September 29, 2014. The owner or operator must:
A. conduct performance tests according to parts 7017.2001 to 7017.2060. When preparing the test plan required in part 7017.2030, the owner or operator must identify parametric data for air pollution control devices in place during the performance test that will be recorded;
B. use Code of Federal Regulations, title 40, part 60, Appendix A-8, Method 30B, or a substantially similar alternative method approved by the commissioner;
C. locate the Method 30B sampling probe tip at a point within the ten percent centroidal area of the duct at a location selected according to Method 1 in Code of Federal Regulations, title 40, part 60, Appendix A-1, and conduct at least three nominally equal length test runs over the 28- to 30-day test period. Test runs may not be longer than ten days;
D. collect diluents gas data over the corresponding time period using Code of Federal Regulations, title 40, part 60, Appendix A-2, Method 3A, or a diluent gas monitor certified according to Code of Federal Regulations, title 40, part 75;
E. for calculation of pounds per year of mercury, collect:
F. calculate the average mercury concentration, in micrograms per cubic meter (μg/m3), for the 28- to 30-day performance test, as the arithmetic average of all sorbent trap results. The owner or operator must calculate the average CO2 or O2 concentration for the test period. The owner or operator must use the average mercury concentration and diluents gas values to express the performance test results in units of pounds of mercury per trillion British thermal units (lb/Tbtu) and actual pounds of mercury emitted per year, using the expected fuel heat input over a one-year period. Alternatively, the owner or operator must calculate pounds of mercury emitted per year using the average mercury concentration, average stack gas flow rate, average stack gas moisture, and maximum operating hours per year;
G. record parametric data for air pollution control devices in place during the performance test. If the calculation in item F demonstrates that the EGU emits less than five pounds per year of mercury, the owner or operator must operate air pollution control equipment at the rates exhibited during the performance test; and
H. repeat the performance test once every five years to demonstrate that the mercury emissions from the EGU remain below five pounds per year.
**Subp. 10. Incorporations by reference.**
For purposes of this part, the methods listed in items A and B are incorporated by reference, as amended. These documents are subject to frequent change:
A. The Annual Book of American Society for Testing and Materials International (ASTM) methods D2234/D2234M (Standard Practice for Collection of a Gross Sample of Coal), D2013/D2013M (Standard Practice for Preparing Coal Samples for Analysis), D5865 (Standard Test Method for Gross Calorific Value of Coal and Coke), D3173 (Standard Test Method for Moisture in the Analysis Sample of Coal and Coke), and D6722 (Standard Test Method for Total Mercury in Coal and Coal Combustion Residues by Direct Combustion Analysis). These methods are published in the Annual Book of ASTM Standards, Volume 05.06, Gaseous Fuels; Coal and Coke; Catalysts; Bioenergy and Industrial Chemicals from Biomass (2017). These documents are available through the Minitex interlibrary loan system; and
B. Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA SW-846, Method 7471 Mercury in Solid or Semisolid Waste (Manual Cold Vapor Technique). The document is available at https://www.epa.gov/hw-sw846/sw-846-compendium.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 43 SR 797; 44 SR 1030*
##### **Minn. R. 7011.0562** Incorporation by Reference; New Source Performance Standards; Greenhouse Gas Emissions for Electric Generating Units {#sec-7011.0562 omnilex-key=us-mn-regs-official--agency-167--7011.0562}
Code of Federal Regulations, title 40, part 60, subpart TTTT, as amended through July 1, 2018, entitled "Standards of Performance for Greenhouse Gas Emissions for Electric Generating Units" is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.0563** Incorporation by Reference; Emission Standards; Coal- and Oil-Fired Electric Utility Steam Generators {#sec-7011.0563 omnilex-key=us-mn-regs-official--agency-167--7011.0563}
Code of Federal Regulations, title 40, part 63, subpart UUUUU, as amended through July 1, 2018, entitled "National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.0565** Incorporation by Reference; New Source Performance Standards; Steam Generating Units {#sec-7011.0565 omnilex-key=us-mn-regs-official--agency-167--7011.0565}
Code of Federal Regulations, title 40, part 60, subpart Db, as amended, entitled "Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.0570** Incorporation by Reference; New Source Performance Standards; Small Steam Generating Units {#sec-7011.0570 omnilex-key=us-mn-regs-official--agency-167--7011.0570}
Code of Federal Regulations, title 40, part 60, subpart Dc, as amended, entitled "Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.0600** Definitions {#sec-7011.0600 omnilex-key=us-mn-regs-official--agency-167--7011.0600}
**Subpart 1. Scope.**
As used in parts 7011.0600 to 7011.0620, the following words shall have the meanings defined herein.
**Subp. 2. Actual heat input.**
"Actual heat input" means the number of Btu per hour (cal/hr) determined by multiplying the gross heating value of the fuel by the rate of fuel burned.
**Subp. 3. Direct heating equipment.**
"Direct heating equipment" means a furnace, kiln, dryer, or other combustion equipment used in the burning of a fossil fuel for the purpose of processing a material where the products of combustion have direct contact with the heated material.
**Subp. 4. Fossil fuel.**
"Fossil fuel" means natural gas, petroleum, coal, wood, peat, and any form of solid, liquid, or gaseous fuel derived from such materials for the purpose of creating useful heat.
**Subp. 5. Gross heating value.**
"Gross heating value" means the gross calorific value (cal/g or Btu/lb) of the fuel combusted as determined by A.S.T.M. test methods D 2015-66(72) for solid fuels; D 1826-64(70) for gaseous fuels, and D 240-64(73) for liquid fuels.
**Subp. 6. Indirect heating equipment.**
"Indirect heating equipment" means a furnace, a boiler or other unit of combustion equipment used in the process of burning fossil fuel for the purpose of producing steam, hot water, hot air, or other hot liquid, gas, or solid, where the products of combustion do not have direct contact with the heated medium.
**Subp. 7. Rated heat input.**
"Rated heat input" means the number of Btu per hour (cal/hr) which the manufacturer has determined to be the continuous rated capability of the direct heating equipment.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0605** Determining Applicable Standards of Performance {#sec-7011.0605 omnilex-key=us-mn-regs-official--agency-167--7011.0605}
A. Parts 7011.0600 to 7011.0620 shall apply to direct heating equipment for which a standard of performance has not been promulgated in a specific rule.
B. The applicable standard of performance for sulfur dioxide shall be determined by using the total rated heat input of all indirect heating equipment and all direct heating equipment of one owner or operator at that particular location.
C. When different fossil fuels are burned simultaneously in any combination, the applicable sulfur dioxide (SO2) standard shall be determined by proration using the following formula: where: w is the maximum allowable emissions of sulfur dioxide gases in lbs/per million Btu (g/million cal); x is the percentage of total heat input derived from gaseous fossil fuel; y is the percentage of total heat input derived from liquid fossil fuel; z is the percentage of total heat input derived from solid fossil fuel; a is the allowable SO2 standard for liquid fossil fuels expressed in lbs per million Btu (g/million cal); and b is the allowable SO2 standard for solid fossil fuels expressed in lbs per million Btu (g/million cal).
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0610** Performance Standards; Fossil-Fuel-Burning Direct Heating Equipment {#sec-7011.0610 omnilex-key=us-mn-regs-official--agency-167--7011.0610}
**Subpart 1. Particulate matter; limitations.**
A. No owner or operator of any direct heating equipment shall cause to be discharged into the atmosphere from the direct heating equipment any gases that:
B. No owner or operator of an existing gray iron cupola with a melting capacity of less than 1-1/2 tons per hour shall allow emissions which exceed 0.3 grain per standard cubic foot, dry basis, and the owner or operator shall incinerate all gases, vapors, and gas entrained effluents from such cupolas at a temperature of not less than 1,200 degrees Fahrenheit for a period of not less than 0.3 seconds. The owner or operator of any other gray iron cupola shall meet the requirements of item A.
**Subp. 2. Sulfur oxide; limitations.**
Sulfur oxide limitations:
A. Within Minneapolis-Saint Paul Air Quality Control Region. No owner or operator of direct heating equipment located within the Minneapolis-Saint Paul Air Quality Control Region shall cause to be discharged into the atmosphere from such equipment any gases which contain sulfur dioxide:
B. Outside Minneapolis-Saint Paul Air Quality Control Region. No owner or operator of direct heating equipment located outside the Minneapolis-Saint Paul Air Quality Control Region shall cause to be discharged into the atmosphere from such equipment any gases which contain sulfur dioxide in excess of four pounds per million Btu heat input if a solid fossil fuel is burned or two pounds per million Btu heat input if a liquid fossil fuel is burned, if the total rated heat input of all indirect and direct heating equipment of the owner or operator at that particular location is greater than 250 million Btu per hour.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 23 SR 145; 41 SR 763*
##### **Minn. R. 7011.0615** Performance Test Methods {#sec-7011.0615 omnilex-key=us-mn-regs-official--agency-167--7011.0615}
Unless another method is approved by the commissioner, any person required to submit performance tests for direct heating equipment must use the following test methods to demonstrate compliance:
A. Method 1 for selection of sampling site and sample traverses;
B. Method 3 for gas analysis;
C. Method 5 for concentration of filterable particulate matter and the associated moisture content and Method 202 for concentration of organic condensable particulate matter;
D. Method 6 for concentration of SO2; and
E. Method 9 for visual determination of opacity.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.0620** Performance Test Procedures {#sec-7011.0620 omnilex-key=us-mn-regs-official--agency-167--7011.0620}
**Subpart 1. In general.**
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Sampling site.**
The sampling site, as selected by Method 1, shall be the same for each pollutant during a performance test.
**Subp. 3. Sampling time for Methods 5 and 202.**
For Methods 5 and 202, the sampling time for each run must be at least 60 minutes and the minimum sampling volume must be 0.85 dscm (30 dscf) except that owners or operators may, prior to testing, request approval from the commissioner for smaller sampling times or volumes, when necessitated by process variables or site-specific limitations.
**Subp. 4. Sampling point for Method 6.**
For Method 6, the sampling point in the duct shall be at the center of the cross section or at a point no closer to the walls than one meter (3.28 ft.). The sample shall be extracted at a rate proportional to the gas velocity at the sampling point.
**Subp. 5. Sampling time for Method 6.**
For Method 6, the minimum sampling time shall be 20 minutes and the minimum sampling volume 0.02 dscm (0.71 dscf) for each sample. The arithmetic mean of two samples shall constitute one run. Samples shall be taken at approximately 30-minute intervals.
**Subp. 6. Sulfur dioxide emissions.**
For each performance test for sulfur dioxide emissions, the emissions expressed in g/million cal (lb/million Btu) shall be determined by the following procedure if the actual heat input is used:
where:
A. E = pollutant emission, g/million cal (lb/million Btu);
B. C = pollutant concentration, g/dscm (lb/dscf);
C. %O2 = oxygen content by volume (expressed as percent), dry basis. Percent oxygen shall be determined by using the integrated sampling procedures of Method 3 or with the Orsat analyzer. The sample shall be obtained at approximately the same point in the duct as used to obtain the samples for Method 6;
D. The owner or operator may use either subitem (1) or (2) to determine the value of F. F = factor representing a ratio of the volume of dry flue gases generated to the calorific value of the fuel combusted.
E. When combinations of fuels are fired, the F factors determined by item D or E shall be prorated in accordance with the following formula: where: x = the percentage of total heat input derived from gaseous fossil fuel; y = the percentage of total heat input derived from liquid fossil fuel; z = the percentage of total heat input derived from solid fossil fuel; F1 = the value of F for gaseous fossil fuels according to item D or E; F2 = the value of F for liquid fossil fuels according to item D or E; F3 = the value of F for solid fossil fuels according to item D or E.
F. When combinations of fossil fuels are fired, the actual heat input, expressed in cal/hr (Btu/hr), shall be determined during each testing period. The rate of fuels burned during each testing period shall be determined by suitable methods and shall be confirmed by a material balance over the direct heating system.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 18 SR 1412; 22 SR 1237; 41 SR 763*
##### **Minn. R. 7011.0625** Record Keeping and Reporting for Direct Heating Units Combusting Solid Waste {#sec-7011.0625 omnilex-key=us-mn-regs-official--agency-167--7011.0625}
**Subpart 1. Application.**
The owner or operator of direct heating equipment combusting mixed municipal solid waste or refuse-derived fuel which makes up 30 percent or less by weight of total fuel weight input, as determined by subpart 2, shall comply with the conditions of subparts 3 and 4. If the unit combusts more than 30 percent of mixed municipal solid waste or refuse-derived fuel, parts 7011.1201 to 7011.1294 apply.
**Subp. 2. Calculation.**
The fuel feed stream composition calculation shall be the ratio of the weights of mixed municipal solid waste and refuse-derived fuel to mixed municipal solid waste, refuse-derived fuel, and all other fuels delivered to the combustion chamber. The calculation shall be made for each 24-hour period that the equipment is operated.
**Subp. 3. Log.**
The owner or operator shall maintain an operating log where the date, weight of mixed municipal solid waste and refuse-derived fuel, weight of each other fuel combusted, and the result of the calculation made in subpart 2 is recorded daily.
**Subp. 4. Reports.**
The owner or operator shall submit to the commissioner a quarterly report containing the date, weight of mixed municipal solid waste and refuse-derived fuel, and weight of each other fuel combusted during the quarter. The reports shall be submitted within 30 days following December 30, March 30, June 30, and September 30 of each year.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975; L 2014 c 248 s 19; 39 SR 386*
##### **Minn. R. 7011.0700** Definitions {#sec-7011.0700 omnilex-key=us-mn-regs-official--agency-167--7011.0700}
**Subpart 1. Scope.**
As used in parts 7011.0700 to 7011.0735, the following words shall have the meanings defined herein.
**Subp. 2. Collection efficiency.**
"Collection efficiency" means the percent of the total amount of particulate matter entering the control equipment which is removed from the exhaust stream by the control equipment and is calculated by the following equation:
where:
A = the amount (grams or pounds) or the concentration (gr/SCF) of particulate matter entering the collection equipment; and
B = the amount (grams or pounds) or the concentration (gr/SCF) of particulate matter leaving the control equipment.
**Subp. 3. Industrial process equipment.**
"Industrial process equipment" means any equipment, apparatus, or device embracing chemical, industrial, or manufacturing facilities such as ovens, mixing kettles, heating and reheating furnaces, kilns, stills, dryers, roasters, and equipment used in connection therewith, and all other methods or forms of manufacturing or processing that may emit any air contaminant such as smoke, odor, particulate matter, or gaseous matter. Industrial process equipment is an affected facility. An emission facility may consist of more than one unit of industrial process equipment.
**Subp. 4. Process weight.**
"Process weight" means the total weight in a given time period of all materials introduced into any industrial process equipment that may cause any emission of particulate matter. Solid fuels charged are considered as part of the process weight, but liquid and gaseous fuels and combustion air are not. For a cyclical or batch operation, the process weight per hour is derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour is derived by dividing the process weight for a typical period of time.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0705** Scope {#sec-7011.0705 omnilex-key=us-mn-regs-official--agency-167--7011.0705}
Parts 7011.0700 to 7011.0735 shall apply to industrial process equipment for which a standard of performance has not been promulgated in a specific rule.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.0710** Performance Standards; Pre-1969 Industrial Process Equipment {#sec-7011.0710 omnilex-key=us-mn-regs-official--agency-167--7011.0710}
**Subpart 1. Prohibited discharge of gases.**
No owner or operator of any industrial process equipment that was in operation before July 9, 1969, shall cause to be discharged into the atmosphere from the industrial process equipment any gases that:
A. in any one hour contain the sum of filterable and organic condensable particulate matter in excess of the amount permitted in part 7011.0730 for the allocated process weight; provided that the owner or operator shall not be required to reduce the particulate matter emission below the concentration permitted in part 7011.0735 for the appropriate source gas volume; provided further that regardless of the mass emission permitted by part 7011.0730, the owner or operator shall not be permitted to emit the sum of filterable and organic condensable particulate matter in a concentration in excess of 0.30 grains per standard cubic foot of exhaust gas; or
B. exhibit greater than 20 percent opacity, except for one six-minute period per hour of not more than 60 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods during which the average opacity exceeds 60 percent.
**Subp. 2. Compliance.**
The owner or operator of any industrial process equipment which was in operation before July 9, 1969, which has control equipment with a collection efficiency of not less than 99 percent by weight shall be considered in compliance with the requirements of subpart 1, item A.
**Subp. 3. Equipment located outside St. Paul, Minneapolis, and Duluth.**
The owner or operator of any industrial process equipment which was in operation before July 9, 1969, which is located outside the Minneapolis-St. Paul Air Quality Control Region and the city of Duluth, which is located not less than one-fourth mile from any residence or public roadway, and which has control equipment with a collection efficiency of not less than 85 percent by weight, and the operation of the entire emission facility does not cause a violation of the ambient air quality standards, shall be considered in compliance with the requirements of subpart 1, item A.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 23 SR 145; 41 SR 763*
##### **Minn. R. 7011.0715** Standards of Performance for Post-1969 Industrial Process Equipment {#sec-7011.0715 omnilex-key=us-mn-regs-official--agency-167--7011.0715}
**Subpart 1. Prohibited discharge of gases.**
No owner or operator of any industrial process equipment that was not in operation before July 9, 1969, shall cause to be discharged into the atmosphere from the industrial process equipment any gases that:
A. in any one hour contain the sum of filterable and organic condensable particulate matter in excess of the amount permitted in part 7011.0730 for the allocated process weight; provided that the owner or operator shall not be required to reduce the particulate matter emission below the concentration permitted in part 7011.0735 for the appropriate source gas volume; provided that regardless of the mass emission permitted by part 7011.0730, the owner or operator shall not be permitted to emit the sum of filterable and organic condensable particulate matter in a concentration in excess of 0.30 grains per standard cubic foot of exhaust gas; or
B. exhibit greater than 20 percent opacity.
**Subp. 2. Compliance.**
The owner or operator of any industrial process equipment which was not in operation before July 9, 1969, which has control equipment with a collection efficiency of not less than 99.7 percent by weight shall be considered in compliance with the requirements of subpart 1, item A.
**Subp. 3. Equipment located outside Saint Paul, Minneapolis, and Duluth.**
The owner or operator of any industrial equipment which was in operation after July 9, 1969, which is located outside the Minneapolis-Saint Paul Air Quality Control Region and the city of Duluth, which is located not less than one-fourth mile from any residence or public roadway, and which has control equipment with a collection efficiency of not less than 85 percent by weight, and the operation of the entire emission facility does not cause a violation of the ambient air quality standards, shall be considered in compliance with the requirements of subpart 1, item A.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.0720** Performance Test Methods {#sec-7011.0720 omnilex-key=us-mn-regs-official--agency-167--7011.0720}
Unless another method is approved by the commissioner, any owner or operator required to submit performance tests for any industrial process equipment must use the following test methods to demonstrate compliance:
A. Method 1 for sample and velocity traverses;
B. Method 2 for velocity and volumetric flow rate;
C. Method 3 for gas analysis;
D. Method 5 for the concentration of filterable particulate matter and associated moisture content and Method 202 for the concentration of organic condensables; and
E. Method 9 for visual determination of the opacity of emissions from stationary sources.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.0725** [Repealed, 41 SR 763] {#sec-7011.0725 omnilex-key=us-mn-regs-official--agency-167--7011.0725}
[Repealed, 41 SR 763]
##### **Minn. R. 7011.0730** Table 1 {#sec-7011.0730 omnilex-key=us-mn-regs-official--agency-167--7011.0730}
Interpolation of the data in this part for the process weight rates up to 60,000 pounds/hour shall be accomplished by the use of the equation:
and interpolation and extrapolation of the data for process weight rates in excess of 60,000 pounds/hour shall be accomplished by use of the equation:
where:
E = emissions in pounds per hour;
P = process weight rate in tons per hour.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 32 SR 904*
##### **Minn. R. 7011.0735** Table 2 {#sec-7011.0735 omnilex-key=us-mn-regs-official--agency-167--7011.0735}
Interpolation of the data in this part for airflow rates between 7,000 dscfm and 1,000,000 dscfm must use the equation:
c = 1.7627 x FRcorrected-0.3241
where:
c = concentration limit in gr/dscf
FRcorrected = gas volume in dscfm
aDry standard cubic feet per minute
bGrains per dry standard cubic foot.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 13 SR 2154; 18 SR 614; 46 SR 1209*
##### **Minn. R. 7011.0800** [Repealed, 23 SR 2224] {#sec-7011.0800 omnilex-key=us-mn-regs-official--agency-167--7011.0800}
[Repealed, 23 SR 2224]
##### **Minn. R. 7011.0805** [Repealed, 23 SR 2224] {#sec-7011.0805 omnilex-key=us-mn-regs-official--agency-167--7011.0805}
[Repealed, 23 SR 2224]
##### **Minn. R. 7011.0810** [Repealed, 18 SR 580] {#sec-7011.0810 omnilex-key=us-mn-regs-official--agency-167--7011.0810}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.0815** [Repealed, 23 SR 2224] {#sec-7011.0815 omnilex-key=us-mn-regs-official--agency-167--7011.0815}
[Repealed, 23 SR 2224]
##### **Minn. R. 7011.0820** [Repealed, 23 SR 2224] {#sec-7011.0820 omnilex-key=us-mn-regs-official--agency-167--7011.0820}
[Repealed, 23 SR 2224]
##### **Minn. R. 7011.0825** [Repealed, 23 SR 2224] {#sec-7011.0825 omnilex-key=us-mn-regs-official--agency-167--7011.0825}
[Repealed, 23 SR 2224]
##### **Minn. R. 7011.0830** Incorporation by Reference; New Source Performance Standards; Portland Cement Plants {#sec-7011.0830 omnilex-key=us-mn-regs-official--agency-167--7011.0830}
Code of Federal Regulations, title 40, part 60, subpart F, as amended, entitled "Standards of Performance for Portland Cement Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.0850** Definitions {#sec-7011.0850 omnilex-key=us-mn-regs-official--agency-167--7011.0850}
**Subpart 1. Scope.**
The definition in this part applies to the terms used in parts 7011.0850 to 7011.0859. The definitions in parts 7005.0100, 7007.0100, and 7011.0060 apply to the terms used in parts 7011.0850 to 7011.0859, unless the terms are otherwise defined in this part.
**Subp. 2.**
[Repealed, 27 SR 1579]
**Subp. 3.**
[Repealed, 27 SR 1579]
**Subp. 4.**
[Repealed, 27 SR 1579]
**Subp. 5.**
[Repealed, 27 SR 1579]
**Subp. 6. Fabric filter.**
"Fabric filter" means a control device in which the incoming gas stream passes through a porous filter forming a dust cake.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1241; 27 SR 1579*
##### **Minn. R. 7011.0852** Standards of Performance for Concrete Manufacturing Plants {#sec-7011.0852 omnilex-key=us-mn-regs-official--agency-167--7011.0852}
No owner or operator of a concrete manufacturing plant shall cause to be discharged into the atmosphere from the concrete manufacturing plant any emissions which:
A. contain particulate matter in excess of the limits allowed by parts 7011.0700 to 7011.0735; or
B. exhibit greater than 20 percent opacity.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1241*
##### **Minn. R. 7011.0854** Concrete Manufacturing Plant Control Equipment Requirements {#sec-7011.0854 omnilex-key=us-mn-regs-official--agency-167--7011.0854}
**Subpart 1. Operation of concrete manufacturing plant control equipment.**
Unless otherwise allowed in a state or part 70 permit, emissions during cementitious material receiving from cement silos and other cementitious material storage devices shall pass through a fabric filter. For concrete manufacturing plants in operation on December 2, 1998, the owner or operator must install control equipment no later than December 2, 1999. For concrete manufacturing plants not in operation on December 2, 1998, the control equipment must be installed prior to operation of any concrete manufacturing plant.
**Subp. 2. Operation and maintenance of fabric filter control equipment.**
The owner or operator of a concrete manufacturing plant shall perform the following on each piece of control equipment required in subpart 1:
A. properly operate and maintain the control equipment to function as it was designed. Proper operation and maintenance includes effective performance, adequate funding, and adequate operator staffing and training;
B. thoroughly conduct an internal and external inspection of control equipment at least annually, which often requires shutting down temporarily, and maintain a record of the activities conducted in the inspection including the activities completed, the date the activity was completed, and any corrective action taken; and
C. maintain a record of parts replaced, repaired, or modified.
**Subp. 3. Monitoring of fabric filter control equipment.**
During cementitious material receiving, the owner or operator of a concrete manufacturing plant, or a designee, shall observe the outlet of each piece of control equipment required in subpart 1 for any visible emissions once each day cementitious material is received, and record the date and time period during which the observation was made and whether or not any visible emissions were observed. If visible emissions are observed, the owner or operator, or a designee, shall take all practical steps to modify operations to reduce the emissions and shall take corrective action to eliminate visible emissions prior to the following business day. The commissioner may require feasible and practical modifications in the operation to reduce emissions of air pollutants.
**Subp. 4. Record retention.**
The owner or operator shall maintain the records required by this part for a minimum of five years from the date the record was made. The owner or operator shall maintain records for the current calendar year of operation at the concrete manufacturing plant. For all years prior to the current calendar year, the owner or operator shall maintain records at either the concrete manufacturing plant or at an office of the owner or operator of the concrete manufacturing plant.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1241*
##### **Minn. R. 7011.0857** Preventing Particulate Matter from Becoming Airborne {#sec-7011.0857 omnilex-key=us-mn-regs-official--agency-167--7011.0857}
A. No owner or operator of a concrete manufacturing plant shall cause or permit the handling, use, transporting, or storage of any material in a manner which may allow avoidable amounts of particulate matter to become airborne from a concrete manufacturing plant.
B. No owner or operator of a concrete manufacturing plant shall cause or permit a building or its appurtenances, a road, a driveway, or an open area to be constructed, used, repaired, or demolished without applying all such reasonable measures as may be required to prevent particulate matter from becoming airborne. The owner or operator of a concrete manufacturing plant shall take reasonable precautions to prevent the discharge of visible fugitive dust emissions beyond the lot line of the property on which the emissions originate. The commissioner may require such reasonable measures as may be necessary to prevent particulate matter from becoming airborne including, but not limited to, application of water; application of commercially available dust suppressants; paving; frequent cleaning and sweeping of roads, driveways, and parking lots; use of curtains or socks for truck loading operations; use of water sprays during truck loading operations; use of water or commercially available dust suppressants on stockpiles or aggregate transfer points; and the planting and maintenance of vegetative ground cover.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1241*
##### **Minn. R. 7011.0858** Noise {#sec-7011.0858 omnilex-key=us-mn-regs-official--agency-167--7011.0858}
The owner or operator of a concrete manufacturing plant shall comply with the noise pollution control rules in chapter 7030.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1241*
##### **Minn. R. 7011.0859** Shutdown and Breakdown Procedures {#sec-7011.0859 omnilex-key=us-mn-regs-official--agency-167--7011.0859}
In the event of a shutdown or breakdown of process or control equipment that causes any increase in emissions of any regulated air pollutant, the owner or operator of a stationary source shall comply with the notification, operation changes, and all other requirements in part 7019.1000.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1241*
##### **Minn. R. 7011.0860** [Repealed, 27 SR 1579] {#sec-7011.0860 omnilex-key=us-mn-regs-official--agency-167--7011.0860}
[Repealed, 27 SR 1579]
##### **Minn. R. 7011.0865** Incorporations by Reference; Documents {#sec-7011.0865 omnilex-key=us-mn-regs-official--agency-167--7011.0865}
A. For the purpose of part 7011.0870, the documents in items B and C are incorporated by reference. These documents are not subject to frequent change.
B. California Environmental Protection Agency, Air Resources Board, Vapor Recovery Certification Procedure CP-201, Certification Procedure for Vapor Recovery Systems at Dispensing Facilities, April 23, 2015. This publication is available at https://ww2.arb.ca.gov/our-work/programs/vapor-recovery/vapor-recovery-certification-and-test-procedures.
C. United States Environmental Protection Agency, Office of Air Quality Planning and Standards, Design Criteria for Stage I Vapor Control Systems - Gasoline Service Stations, November 1975. This publication is available through the Minitex interlibrary loan system.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 27 SR 1579; 44 SR 1030*
##### **Minn. R. 7011.0870** Stage-One Vapor Recovery {#sec-7011.0870 omnilex-key=us-mn-regs-official--agency-167--7011.0870}
**Subpart 1. Applicability.**
The owner or operator of a gasoline service station required to install and operate a stage-one vapor recovery system shall comply with this part.
**Subp. 2. System design.**
Stage-one vapor recovery systems must:
A. conform with the requirements of Design Criteria for Stage I Vapor Control Systems - Gasoline Service Stations as incorporated by reference in part 7011.0865;
B. incorporate a submerged fill pipe in each storage tank; and
C. have a vent system that is equipped with a pressure vacuum valve that complies with Vapor Recovery Certification Procedure CP-201, as incorporated by reference in part 7011.0865.
**Subp. 3. System operation and maintenance.**
A. The owner or operator of a gasoline service station with a vapor recovery system shall not accept gasoline without the vapor recovery system properly connected.
B. The owner or operator of a gasoline service station with stage-one vapor recovery shall:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 27 SR 1579*
##### **Minn. R. 7011.0900** Definitions {#sec-7011.0900 omnilex-key=us-mn-regs-official--agency-167--7011.0900}
**Subpart 1. Scope.**
The definitions in this part apply to the terms used in parts 7011.0900 to 7011.0920. The definitions in parts 7005.0100, 7007.0100, and 7011.0060 apply to the terms used in parts 7011.0900 to 7011.0920, unless the terms are defined in this part.
**Subp. 2. Asphalt plant control equipment.**
"Asphalt plant control equipment" means the control equipment at a hot mix asphalt plant listed in part 7011.0917, subpart 7.
**Subp. 3. Existing hot mix asphalt plant.**
"Existing hot mix asphalt plant" means a hot mix asphalt plant that is not a new hot mix asphalt plant.
**Subp. 4. Hot mix asphalt plant.**
"Hot mix asphalt plant" means a facility used to manufacture hot mix asphalt paving materials by heating and drying aggregate and mixing with asphalt cements. "Hot mix asphalt plant" includes dryers; systems for screening, handling, storing, and weighing hot aggregate; systems for loading, transferring, and storing mineral filler; systems for mixing hot mix asphalt; and the loading, transfer, and storage systems associated with emission control systems.
**Subp. 5. New hot mix asphalt plant.**
"New hot mix asphalt plant" means a hot mix asphalt plant that commences construction, modification, or reconstruction, as defined in Code of Federal Regulations, title 40, section 60.2, after June 11, 1973, and includes all hot mix asphalt plants subject to the new source performance standards incorporated by reference in part 7011.0909.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 20 SR 2253(NO. 42); 23 SR 2224*
##### **Minn. R. 7011.0903** Compliance with Ambient Air Quality Standards {#sec-7011.0903 omnilex-key=us-mn-regs-official--agency-167--7011.0903}
**Subpart 1. Fuel sulfur content limitation.**
Notwithstanding part 7011.0913, no owner or operator of a hot mix asphalt plant shall use in the dryer burner any fuel with a sulfur content greater than 0.70 percent, unless:
A. authorized by a part 70, state, or general permit; or
B. compliance with part 7009.0080 has been demonstrated under subpart 2 for each dryer fuel with a sulfur content greater than 0.70 percent.
**Subp. 2. Modeling of emissions from high sulfur content fuels.**
Prior to the use of each dryer fuel with a sulfur content greater than 0.70 percent, the owner or operator of a hot mix asphalt plant shall perform air dispersion modeling to determine whether burning that fuel would comply with the ambient air quality standard for sulfur dioxides (maximum one hour concentration not to be exceeded more than once per year) in part 7009.0080. The owner or operator shall model sulfur dioxide emissions using the most recent version of EPA's screen model described in SCREEN3 Model User's Guide, EPA-454/B-95-004, United States Environmental Protection Agency, Office of Air Quality Planning and Standards, September 1995, which is incorporated by reference and is subject to frequent change. This publication and copies of the SCREEN3 model are available from the Pollution Control Agency library through the Minitex interlibrary loan system, through the National Technical Information Service (NTIS), Springfield, VA, (703) 487-4650, or may be downloaded from the Support Center for Regulatory Air Models (SCRAM) Bulletin Board System (BBS). The SCRAM BBS may be accessed at (919) 541-5742.
**Subp. 3. Records required.**
A. For any fuel used in the dryer burner, except natural gas, methane, butane, propane, gasoline, kerosene, diesel fuel, and No. 1 and No. 2 fuel oil, the owner or operator of a hot mix asphalt plant shall keep for each fuel delivery a record of a vendor certification or fuel analysis which shows the sulfur content of the fuel.
B. The owner or operator of a hot mix asphalt plant that has done modeling under subpart 2 shall keep a record of the modeling results. The record shall include:
**Subp. 4. Hot mix asphalt plants with registration permits.**
If the commissioner finds that a hot mix asphalt plant that has applied for or been issued a registration permit needs source-specific permit conditions to prevent violation of any ambient air quality standard, the commissioner shall require the owner or operator of the hot mix asphalt plant to apply for and obtain a part 70, state, or general permit. The owner or operator of a hot mix asphalt plant shall submit the required permit application within 120 days of the commissioner's written request under this subpart.
**Subp. 5. Compliance with ambient air quality standards.**
Nothing in this part shall be construed to allow violation of any national or state ambient air quality standards. If the commissioner requests it, the owner or operator of a hot mix asphalt plant must demonstrate compliance with the national or state ambient air quality standards.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2253(NO. 42)*
##### **Minn. R. 7011.0905** Standards of Performance for Existing Hot Mix Asphalt Plants {#sec-7011.0905 omnilex-key=us-mn-regs-official--agency-167--7011.0905}
No owner or operator of an existing hot mix asphalt plant shall cause to be discharged into the atmosphere from the hot mix asphalt plant any gases that:
A. contain the sum of filterable and organic condensable particulate matter in excess of the limits allowed by parts 7011.0700 to 7011.0735; or
B. exhibit greater than 20 percent opacity.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 20 SR 2253(NO. 42); 41 SR 763*
##### **Minn. R. 7011.0909** Incorporation by Reference; New Source Performance Standards; Hot Mix Asphalt Plants {#sec-7011.0909 omnilex-key=us-mn-regs-official--agency-167--7011.0909}
Code of Federal Regulations, title 40, part 60, subpart I, as amended, entitled "Standards of Performance for Hot Mix Asphalt Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2253(NO. 42); 44 SR 1030*
##### **Minn. R. 7011.0910** [Repealed, 18 SR 580] {#sec-7011.0910 omnilex-key=us-mn-regs-official--agency-167--7011.0910}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.0911** Maintenance of Dryer Burner {#sec-7011.0911 omnilex-key=us-mn-regs-official--agency-167--7011.0911}
**Subpart 1. Annual tuning of dryer burner.**
The owner or operator of a hot mix asphalt plant must tune the dryer burner for maximum combustion efficiency once each calendar year.
**Subp. 2. Daily check of dryer burner.**
The owner or operator of a hot mix asphalt plant must do the following while producing hot mix asphalt each day except when burning natural gas or propane:
A. read the fuel pressure gauge on the dryer burner; and
B. check for a negative draft at the dryer burner inlet.
**Subp. 3. Records kept on dryer burner.**
The owner or operator of a hot mix asphalt plant must maintain a record of:
A. the dates of the annual tuning of the dryer burner;
B. the daily reading from the fuel pressure gauge on the dryer burner except when burning natural gas or propane;
C. whether there was a negative draft at the dryer burner inlet each day except when burning natural gas or propane; and
D. any corrective actions taken as a result of the daily checks required by subpart 2.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2253(NO. 42)*
##### **Minn. R. 7011.0913** Hot Mix Asphalt Plant Materials, Fuels, and Additives Operating Requirements {#sec-7011.0913 omnilex-key=us-mn-regs-official--agency-167--7011.0913}
**Subpart 1. Materials, fuels, and additives allowed.**
Except as provided in subpart 3, the owner or operator of a hot mix asphalt plant is allowed to use only the materials, fuels, and additives designated in subpart 2 unless specifically disallowed in a part 70, state, or general permit.
**Subp. 2. List of authorized materials, fuels, and additives.**
A. The designated materials are clay, silt, sand, gravel, and crushed stone produced from naturally occurring geologic formations, without additives; recycled asphalt pavement; portland cement concrete; recycled sediments from asphalt plant scrubber operations; fines from asphalt plant fabric filter operations; asphalt cement; and hydrated lime.
B. The designated fuels for combustion are natural gas, methane, butane, and propane; gasoline, kerosene, diesel fuel, jet fuel, and fuel oils (No. 1, No. 2, No. 3, No. 4, No. 5, No. 6); on-specification used oil as defined in part 7045.0020, subpart 60a, provided that total halogens shall not exceed 1,000 parts per million; and virgin oil that is discarded before use and that otherwise meets the requirements of this item for on-specification used oil.
C. The designated additives are silicone, organic soaps, and other substances of a similar nature added to the asphalt cement.
**Subp. 3. Procedure for approval of additional materials, fuels, and additives.**
The owner or operator may use materials, fuels, or additives not listed in subpart 2, if:
A. the use is specifically allowed by a part 70, state, or general permit; or
B. for hot mix asphalt plants with a registration permit, the commissioner has provided written approval of the use prior to its incorporation into asphalt or use as a fuel. Requests under item B must be received by the commissioner at least 60 days before the materials, fuels, or additives are used. The requests must be on a form provided by the commissioner. The owner or operator shall conduct performance testing under parts 7017.2001 to 7017.2060 to determine actual emission rates from the use of the material, fuel, or additive. The actual emission rates shall be used to determine actual emissions under part 7007.1130, subpart 3, for hot mix asphalt plants that hold option D registration permits. The commissioner shall deny these requests if the commissioner determines that use of the material would endanger human health or the environment or would subject the hot mix asphalt plant to different applicable requirements or different requirements under chapter 7007. The performance testing required by this subpart may be waived by the commissioner when the nonlisted material is substantially similar in composition to a listed material, or when the material has already been the subject of performance tests at a similar hot mix asphalt plant.
**Subp. 4. Compliance.**
The owner or operator must comply with the conditions on the use of the materials, fuels, and additives established in the part 70, state, or general permit if the use is authorized under subpart 3, item A. The owner or operator must comply with the conditions on the use of the materials, fuels, and additives set forth in the commissioner's written approval if the use is authorized under subpart 3, item B.
**Subp. 5. Records required.**
The owner or operator shall keep records of the materials, fuels, and additives used and the amount used on a calendar year basis. The owner or operator shall maintain the records required under this subpart for a minimum of five years from the date the record was made.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2253(NO. 42); 28 SR 1482*
##### **Minn. R. 7011.0915** [Repealed, 20 SR 2253(NO. 42)] {#sec-7011.0915 omnilex-key=us-mn-regs-official--agency-167--7011.0915}
[Repealed, 20 SR 2253(NO. 42)]
##### **Minn. R. 7011.0917** Asphalt Plant Control Equipment Requirements {#sec-7011.0917 omnilex-key=us-mn-regs-official--agency-167--7011.0917}
**Subpart 1. Operation of asphalt plant control equipment.**
The owner or operator of a hot mix asphalt plant shall operate in compliance with this part all asphalt plant control equipment located at the stationary source whenever operating the emission units controlled by the asphalt plant control equipment. Unless specifically allowed by a part 70, state, or general permit, each piece of asphalt plant control equipment shall at all times be operated such that the monitoring parameters listed in subpart 7 are in the range established by the control equipment manufacturer's specifications, or within the operating parameters established by the commissioner as the result of the most recent performance test conducted under parts 7017.2001 to 7017.2060, if those are more restrictive.
The owner or operator applying for a registration permit or capped permit may request an alternative range to the control equipment manufacturer's specifications, if the proposed range is based on two previous years of compliant monitoring data supplied with the request. For hot mix asphalt plants applying for a registration permit in operation on April 22, 1996, this request shall be made by the application deadline listed in part 7007.0350, subpart 1, item A. The proposed operating range shall be deemed acceptable unless notified otherwise in writing within 30 days of receipt by the commissioner. The commissioner shall deny a request for an alternative monitoring parameter range if the commissioner finds that:
A. an owner or operator has failed to disclose fully all facts relevant to the proposed monitoring parameter range of the asphalt plant control device or the owner or operator has knowingly submitted false or misleading information to the commissioner;
B. operation of the control device in the monitoring parameter range proposed by the owner or operator would endanger human health or the environment, or subject the hot mix asphalt plant to different applicable requirements or requirements under chapter 7007; or
C. the proposed range is not supported by the data supplied with the request.
**Subp. 2. Maintaining asphalt plant control equipment.**
The owner or operator of a hot mix asphalt plant shall maintain each piece of asphalt plant control equipment as designed to ensure compliance with applicable requirements, comply with source-specific maintenance requirements specified in a part 70, state, or general permit, and shall perform the following on each piece of asphalt plant control equipment unless otherwise specified in a part 70, state, or general permit:
A. thoroughly inspect all asphalt plant control equipment, including structural components, annually;
B. inspect ducts, connections, and housings for leaks monthly;
C. check monitoring equipment daily to ensure it is operating in the range required by subpart 1, for example: pressure gauges, temperature indicators, flow gauges, and recorders;
D. calibrate all monitoring equipment annually;
E. for fabric filter control devices: check exterior cleaning system equipment and its operation daily; and check interior cleaning equipment and its operation, and the clean air side of bags for evidence of leaks at least monthly; and
F. for control devices using water such as spray towers, scrubbers, and wet cyclone separators: check sediment level in non-self-cleaning ponds daily so as not to exceed one-half the pond depth, and check to ensure the pH of the water leaving the control device is between five and ten weekly; and check accessible dampers, spray bars, nozzles, and demister monthly for wear. The owner or operator shall maintain a record of activities conducted in items A to F, consisting of the activity completed, the date the activity was completed, and any corrective action taken; and the owner or operator shall maintain the records required by this subpart for a minimum of five years from the date the record was made.
**Subp. 3. Installing monitoring equipment.**
The owner or operator of a hot mix asphalt plant shall install monitoring equipment to measure operating hours as specified in part 7011.0922, subpart 3, and the monitoring parameters for all asphalt plant control equipment as specified by subpart 7. For hot mix asphalt plants not in operation on April 22, 1996, the monitoring equipment must be installed prior to operation of any hot mix asphalt plant equipment controlled by the control equipment. For hot mix asphalt plants in operation on April 22, 1996, the owner or operator must install monitoring equipment no later than 30 days after April 22, 1996.
**Subp. 4. Operating monitoring equipment.**
The owner or operator of a hot mix asphalt plant shall operate in compliance with this part the monitoring equipment for each piece of asphalt plant control equipment at all times the asphalt plant control equipment is required to operate.
**Subp. 5. Shutdown and breakdown procedures.**
In the event of a shutdown or breakdown of asphalt plant control equipment, the owner or operator of a hot mix asphalt plant shall comply with part 7019.1000.
**Subp. 6. Deviation of asphalt plant control equipment from operating specifications.**
Unless otherwise specified in a part 70, state, or general permit, the owner or operator of a stationary source shall report to the commissioner any recorded reading outside of the specification or range of specifications allowed by subpart 1 from any monitored operating parameter required by subpart 7, in accordance with the deadlines in part 7007.0800, subpart 6, item B, subitem (2), except that owners and operators with a registration permit option D or capped permit shall make this report only if a deviation occurred in the reporting period.
**Subp. 7. Monitoring and record keeping for asphalt plant control equipment.**
Unless otherwise specified in a part 70, state, or general permit, the owner or operator of a hot mix asphalt plant shall comply with the monitoring and record keeping required by the table in this subpart for asphalt plant control equipment. The owner or operator shall maintain the records required by this subpart for a minimum of five years from the date the record was made.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2253(NO. 42); 22 SR 1237; 29 SR 626*
##### **Minn. R. 7011.0920** Performance Tests {#sec-7011.0920 omnilex-key=us-mn-regs-official--agency-167--7011.0920}
**Subpart 1. Methods and procedures.**
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Performance test frequency for hot mix asphalt plants using fabric filters.**
If an owner or operator of a hot mix asphalt plant uses a fabric filter, including, but not limited to, EPA ID No. 016 listed in part 7011.0917, subpart 7, as the primary or secondary control equipment to remove particulate matter, then the owner or operator shall conduct performance testing for particulate matter and opacity as required by part 7017.2020, subpart 1.
**Subp. 3. Performance test frequency for hot mix asphalt plants with control equipment that uses liquid to remove pollutants.**
If an owner or operator operates a hot mix asphalt plant that has only control equipment that uses liquid to remove pollutants or has a secondary control device that uses liquid to remove pollutants, including, but not limited to, EPA ID Nos. 052, 053, 055, and 085 listed in part 7011.0917, subpart 7, then the owner or operator shall conduct performance testing for particulate matter and opacity as described in items A to E.
A. If the hot mix asphalt plant produced no more than 35,000 tons in each of the three previous calendar years and has a manufacturer's rated capacity of 100 tons per hour or less at five percent moisture, then the owner or operator shall conduct performance testing as required by part 7017.2020, subpart 1.
B. Except as provided in item A, if the hot mix asphalt plant produced no more than 100,000 tons in any of the three previous calendar years, then the owner or operator shall conduct performance testing every three calendar years.
C. If the hot mix asphalt plant produced greater than 100,000 tons, but no more than 200,000 tons in any of the three previous calendar years, then the owner or operator shall conduct performance testing every two calendar years.
D. If the hot mix asphalt plant produced more than 200,000 tons in the previous calendar year, then the owner or operator shall conduct performance testing within 60 days of start-up in the following calendar year.
E. The owner or operator of a hot mix asphalt plant shall conduct additional performance testing as required by part 7017.2020, subpart 1.
**Subp. 4. Performance test required for all hot mix asphalt plants.**
If the owner or operator of a hot mix asphalt plant has not conducted a performance test for particulate matter and opacity approved by the commissioner under parts 7017.2001 to 7017.2060 since January 1, 1991, the owner or operator must conduct such a performance test:
A. in 1996, for hot mix asphalt plants that are operated in the state in 1996; or
B. within 60 days after the hot mix asphalt plant begins operation in the state.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 18 SR 1412; 20 SR 2253(NO. 42)*
##### **Minn. R. 7011.0922** Operational Requirements and Limitations from Performance Tests {#sec-7011.0922 omnilex-key=us-mn-regs-official--agency-167--7011.0922}
**Subpart 1. Throughput limit.**
The owner or operator of a hot mix asphalt plant shall not exceed the production throughput at which compliance with part 7011.0905 or 7011.0909 was demonstrated during the plant's most recent performance test, unless authorized by subpart 2.
**Subp. 2. Certain exceptions to throughput limit.**
Except as provided in items A and B, if a hot mix asphalt plant demonstrated compliance for particulate matter and opacity during its most recent performance test and its tested emission rate (gr/dscf or lb/hr) was less than 80 percent of the applicable rule or permit emission limit, then the owner or operator may increase production throughput ten percent over that allowed under subpart 1.
A. If a hot mix asphalt plant with a fabric filter control device has conducted a performance test since January 1, 1991, has demonstrated compliance for particulate matter and opacity, and its tested emission rate (gr/dscf or lb/hr) was less than 50 percent but greater than or equal to 25 percent of the applicable rule or permit emission limit, then the owner or operator may increase production throughput 15 percent over that allowed under subpart 1.
B. If a hot mix asphalt plant with a fabric filter control device has conducted a performance test since January 1, 1991, has demonstrated compliance for particulate matter and opacity, and its tested emission rate (gr/dscf or lb/hr) was less than 25 percent of the applicable rule or permit emission limit, then the owner or operator may increase production throughput 20 percent over that allowed by subpart 1.
**Subp. 3. Monitoring and record keeping required.**
To determine compliance with subpart 1, the owner or operator of a hot mix asphalt plant must:
A. operate an accumulating hour meter on the dryer burner at all times the dryer burner is in operation;
B. record each day the plant's hours of operation as determined by the hour meter and total tons of hot mix asphalt produced; and
C. determine the production throughput by dividing the total tons of hot mix asphalt produced by the hours of operation for each calendar day of operation.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2253(NO. 42)*
##### **Minn. R. 7011.0925** [Renumbered 7011.0909] {#sec-7011.0925 omnilex-key=us-mn-regs-official--agency-167--7011.0925}
[Renumbered 7011.0909]
##### **Minn. R. 7011.0950** Incorporation by Reference; New Source Performance Standards; Asphalt Processing and Asphalt Roofing Manufacture {#sec-7011.0950 omnilex-key=us-mn-regs-official--agency-167--7011.0950}
Code of Federal Regulations, title 40, part 60, subpart UU, as amended, entitled "Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.1000** Definitions {#sec-7011.1000 omnilex-key=us-mn-regs-official--agency-167--7011.1000}
**Subpart 1. Scope.**
For the purposes of parts 7011.1000 to 7011.1015, the following terms have the meanings given them.
**Subp. 2. Capture system.**
"Capture system" means equipment such as hoods, ducts, fans, and dampers used to capture particulate matter.
**Subp. 3. Column dryer.**
"Column dryer" means equipment used to reduce the moisture content of grain in which the grain flows from the top to the bottom in one or more continuous packed columns between two perforated metal sheets.
**Subp. 4. Dry bulk agricultural commodity, commodity.**
"Dry bulk agricultural commodity" or "commodity" includes grain, grain by-products, seed, beet pulp or pellets, and alfalfa meal or pellets.
**Subp. 5. Dry bulk agricultural commodity facility.**
"Dry bulk agricultural commodity facility" means a facility where bulk commodities are unloaded, handled, cleaned, dried, stored, ground, or loaded. "Dry bulk agricultural commodity facility" does not include a facility located on a family farm or family farm corporation, as defined in Minnesota Statutes, section 116B.02, which handles commodities from the farm or used on the farm.
**Subp. 6. Grain.**
"Grain" means corn, wheat, sorghum, rice, rye, oats, barley, flax, soybeans, and sunflower seeds.
**Subp. 7. Grain storage elevator.**
"Grain storage elevator" means a grain elevator located at a wheat flour mill, wet corn mill, dry corn mill (human consumption), rice mill, or soybean oil extraction plant that has a permanent grain storage capacity of more than 35,200 cubic meters, which is approximately 1,000,000 bushels.
**Subp. 8. Grain terminal elevator.**
"Grain terminal elevator" means a grain elevator that has a permanent storage capacity of more than 88,100 cubic meters, which is approximately 2,500,000 bushels, except a grain elevator located at animal food manufacturers, pet food manufacturers, cereal manufacturers, breweries, and livestock feedlots.
**Subp. 9. Handling operation.**
"Handling operation" includes the use of bucket elevators, scale hoppers, conveyors, trippers, and spouts for the distribution and weighing of commodities within a commodity facility.
**Subp. 10. Loading station.**
"Loading station" means the part of a commodity facility where the commodities are transferred from the facility to a truck, railcar, barge, or ship.
**Subp. 11. Normal loading procedure.**
"Normal loading procedure" means that part of a barge or ship loading operation where the spout and associated dust suppression systems are capable of distributing the commodity in the hold as needed without making modifications to the loading procedure, such as removing the dust suppressor, raising the spout, slowing the loading rate below the design capability of the spout, or attaching equipment at the end of the spout.
**Subp. 12. Rack dryer.**
"Rack dryer" means equipment used to reduce the moisture content of grain in which the grain flows from the top to the bottom in a cascading flow around rows of baffles (racks).
**Subp. 13. Reasonably available control technology (RACT).**
"Reasonably available control technology (RACT)" means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.
**Subp. 14. Throughput.**
"Throughput" means the number of tons of commodities received, plus the number of tons of commodities shipped, divided by two, determined on the basis of an average year. An average year is determined by averaging the actual receipts and shipments for the last three consecutive fiscal years. For facilities less than three years old, actual and anticipated receipts and shipments must be used.
**Subp. 15. Topping-off.**
"Topping-off" means the placing of grain in the final three feet of void in a barge, nine feet in a ship, between the fore and aft center line of the hatch and the outboard side of the vessel. The depth is determined by vertical measurement along the outboard side of the vessel from the top of the hatch opening.
**Subp. 16. Trimming.**
"Trimming" means the part of ship loading that requires the use of spoons, slingers, and other equipment attached to the loading spout to ensure that a ship is loaded to capacity.
**Subp. 17. Unloading station.**
"Unloading station" means the part of a commodity facility where the commodities are transferred from a truck, railcar, barge, or ship to a receiving hopper.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 1675; 18 SR 614*
##### **Minn. R. 7011.1005** Standards of Performance for Dry Bulk Agricultural Commodity Facilities {#sec-7011.1005 omnilex-key=us-mn-regs-official--agency-167--7011.1005}
**Subpart 1. Owner or operator duties.**
The owner or operator of a commodity facility must:
A. clean up commodities spilled on the driveway and other facility property as required to minimize fugitive emissions to a level consistent with RACT; and
B. maintain air pollution control equipment in proper operating condition and use the air pollution control systems as designed.
**Subp. 2. Federal requirements.**
The owner, operator, or other person who conducts activities at a grain terminal elevator or grain storage elevator, of which construction, modification, or reconstruction commenced, as defined in Code of Federal Regulations, title 40, section 60.2, after August 3, 1978, must meet the requirements of Code of Federal Regulations, title 40, part 60, subpart DD, as amended, entitled "Standards of Performance for Grain Elevators," which is incorporated by reference, except that authorities identified in Code of Federal Regulations, title 40, section 60.302(d)(3), are not delegated to the commissioner and are retained by the administrator.
**Subp. 3. Prohibited discharges.**
A commodity facility that is not required to be controlled under subpart 2 must be controlled if the facility meets one of the descriptions listed in part 7011.1015 where the table indicates "control required." For a facility where control is required under part 7011.1015, no owner, operator, or other person who conducts activities at the facility may allow:
A. a discharge of fugitive emissions that exhibit greater than five percent opacity from a truck unloading station, railcar unloading station, railcar loading station, or handling operation;
B. a discharge of fugitive emissions that exhibit greater than ten percent opacity from a truck loading station;
C. a discharge of fugitive emissions that exhibit greater than 20 percent opacity from a ship or barge loading or unloading station, except that during trimming or topping-off, when normal loading procedures cannot be used, no opacity standard applies;
D. a discharge of particulate matter from control equipment that exhibits greater than ten percent opacity; or
E. a discharge of particulate matter from control equipment that has a collection efficiency of less than 80 percent by weight.
**Subp. 4. Capture systems and control equipment.**
The owner or operator of a commodity facility not required to control emissions under subpart 2 or 3 is not required to install capture systems and control equipment but must unload, handle, clean, dry, and load commodities to minimize fugitive emissions to a level consistent with RACT. If a capture system is used, the particulate matter must be conveyed through control equipment that has a collection efficiency of not less than 80 percent by weight.
**Subp. 5. Grain dryer specifications.**
A grain dryer must meet the following design specifications:
A. the perforations of a column dryer screen must not exceed 3/32 inches in diameter; and
B. the emissions from a rack dryer must pass through a 50-mesh screen enclosure before discharge to the atmosphere.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 1675; 18 SR 580; 18 SR 614; 23 SR 2224; 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.1010** Nuisance {#sec-7011.1010 omnilex-key=us-mn-regs-official--agency-167--7011.1010}
Notwithstanding any provisions in parts 7011.1000 to 7011.1015, no owner or operator of a dry bulk agricultural commodity facility may operate or maintain a facility that creates a public nuisance. If the commissioner determines that operation or maintenance of a commodity facility creates a public nuisance, the commissioner may require the owner or operator to take measures necessary to eliminate the nuisance.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 1675; L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7011.1015** Control Requirements Schedule {#sec-7011.1015 omnilex-key=us-mn-regs-official--agency-167--7011.1015}
**History**
- *Statutory Authority: MS s 116.07*
- *History: 8 SR 1675; 18 SR 614*
##### **Minn. R. 7011.1100** Definitions {#sec-7011.1100 omnilex-key=us-mn-regs-official--agency-167--7011.1100}
**Subpart 1. Scope.**
As used in parts 7011.1100 to 7011.1140, the following words shall have the meanings defined herein.
**Subp. 2. Coal.**
"Coal" means any solid fossil fuel described as anthracite, bituminous, subbituminous, lignite, or coke (as derived from coal).
**Subp. 3. Coal handling.**
"Coal handling" means operations including, but not limited to, operations such as dumping, loading, unloading, storing, reclaiming, transferring, and conveying.
**Subp. 4. Coal handling facility.**
"Coal handling facility" means a facility where coal is handled such as coal transshipment terminals, electric generating plants, boiler plants, or steam plants.
**Subp. 5. Coal throughput.**
"Coal throughput" means the number of tons of coal received plus the number of tons of coal shipped by an owner or operator of a coal transshipment facility in any one calendar year. In the case of facilities where coal is consumed at the same facility where received, such as electric generating plants, boiler plants, or steam plants, coal throughput means the number of tons of coal received at the facility.
**Subp. 6. Dust suppression methods.**
"Dust suppression methods" mean dust control equipment or measures including, but not limited to, hoppers, hoods, screens, enclosures, wetting or chemical agents, foam agents, surfactants, precleaning treatment, utilizing induced draft and air pollution control equipment, watering, and other equivalent methods approved by the commissioner.
**Subp. 7. Hauler.**
"Hauler" means any vehicle engaged in reclaiming, moving, or dumping coal within a coal handling facility.
**Subp. 8. Minimize.**
"Minimize" means, with respect to the control of fugitive emissions, to reduce such emissions to a level consistent with RACT.
**Subp. 9. Pneumatic coal-cleaning equipment.**
"Pneumatic coal-cleaning equipment" means any equipment which classifies coal by size or separates coal from refuse by application of air stream(s).
**Subp. 10. Reasonably available control technology (RACT).**
"Reasonably available control technology (RACT)" is the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.
**Subp. 11. Thermal dryer.**
"Thermal dryer" means any device in which the moisture content of coal is reduced by contact with a heated gas stream which is exhausted to the atmosphere.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7011.1105** Standards of Performance for Certain Coal Handling Facilities {#sec-7011.1105 omnilex-key=us-mn-regs-official--agency-167--7011.1105}
The owner or operator of any new coal handling facility, or an existing coal handling facility located within the Minneapolis-St. Paul Air Quality Control Region or within the boundaries of the city of Duluth, must perform the following abatement measures unless otherwise exempt by portions of these parts:
A. Access areas, roads, parking facilities.
B. Coal loading stations. Control fugitive particulate emissions from the loading of trucks, haulers, and railcars by dust suppression methods so that emissions from such sources are minimized.
C. Truck and hauler unloading stations. Control fugitive particulate emissions from the unloading of trucks or haulers by dust suppression methods so that emissions from such sources are minimized.
D. Barge or vessel loading stations. When the amount of coal loaded into barges or vessels at a given facility is 200,000 tons per year or greater, conveyor systems shall utilize loadout spouts with remote control capability for movement sideways, up and down, and telescoping so as to decrease as much as practical the vertical free fall of coal at all times during the loadout operation. Choke feeding devices, flood loading, or other equivalent equipment or methods may be installed as alternates on conveyor systems to control fugitive emissions. Crane and shovels shall be operated so as to minimize the vertical free fall of coal. When the amount of coal loaded into barges or vessels at a given facility is less than 200,000 tons per year, control fugitive particulate emissions by dust suppression methods so that emissions from such sources are minimized.
E. Barge or vessel unloading station. Cranes, shovels, and conveyors shall be operated in a manner which decreases as much as practical the vertical free fall of coal. Control fugitive particulate emissions during unloading so that fugitive particulate emissions are minimized.
F. Stockpiles, stockpile construction, and reclaiming.
G. Enclosed coal handling facilities or emissions units not specifically covered by any other provision in parts 7011.1100 to 7011.1140. If exhaust gases from any enclosed coal handling facility exceed 20 percent opacity, then the owner or operator of the facility must select and implement one of the following further controls:
H. Railcar unloading. When the amount of coal unloaded by rail is 200,000 tons per year or greater, unload railcars only within a permanent building or structure. If exhaust gases from such building or structure exceed 20 percent opacity, then the owner or operator of such facility shall select and implement one of the following further controls: install an exhaust air system and control exhaust gases so that particulate emissions in such gases do not exceed 0.020 gr/dscf; or control exhaust gases using dust suppression methods so that particulate emissions do not exhibit greater than 20 percent opacity. When the amount of coal unloaded by rail is less than 200,000 tons per year control fugitive particulate emissions during unloading so that fugitive particulate emissions are minimized.
I. Operating practices. Clean up all coal spilled on roads or access areas as soon as practicable using methods that minimize the amount of dust suspended. Maintain air pollution control equipment in proper operating condition and utilize air pollution control systems as designed.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 2154; 18 SR 614; 22 SR 1237; 41 SR 763*
##### **Minn. R. 7011.1110** Standards of Performance for Existing Outstate Coal Handling Facilities {#sec-7011.1110 omnilex-key=us-mn-regs-official--agency-167--7011.1110}
The owner or operator of an existing coal handling facility which is located outside the Minneapolis-Saint Paul Air Quality Control Region and outside the boundaries of the city of Duluth shall comply with part 7011.0150 for the control of fugitive particulate emissions. For the purposes of this part, "existing coal handling facility" means a coal handling facility on which construction, modification, or reconstruction did not commence after November 17, 1980.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 22 SR 1237*
##### **Minn. R. 7011.1115** Standards of Performance for Pneumatic Coal-Cleaning Equipment and Thermal Dryers at Any Coal Handling Facility {#sec-7011.1115 omnilex-key=us-mn-regs-official--agency-167--7011.1115}
**Subpart 1. Pneumatic coal-cleaning equipment.**
The owner or operator of a coal handling facility shall not cause to be discharged into the atmosphere from any pneumatic coal-cleaning equipment any gases that:
A. contain filterable particulate matter in excess of 0.040 g/dscm (0.018 gr/dscf); or
B. exhibit ten percent opacity or greater.
**Subp. 2. Thermal dryers.**
The owner or operator of a coal handling facility shall not cause to be discharged into the atmosphere from any thermal dryer any gases that:
A. contain filterable particulate matter in excess of 0.070 g/dscm (0.031 gr/dscf); or
B. exhibit 20 percent opacity or greater.
**Subp. 3. Installation.**
The owner or operator shall install pneumatic coal-cleaning equipment and thermal dryers in a manner that performance tests for particulate matter can be run in accordance with applicable procedures and methods set forth in parts 7011.1130 to 7011.1135.
**Subp. 4. Monitoring.**
The owner or operator of any coal handling facility that contains a thermal dryer shall install, calibrate, maintain, and continuously operate monitoring devices as follows:
A. A monitoring device for the measurement of the temperature of the gas stream at the exit of the thermal dryer on a continuous basis. The monitoring device shall be certified by the manufacturer to be accurate within three degrees Fahrenheit.
B. In the event venturi scrubber emission control equipment is utilized:
C. The owner or operator of a coal handling facility who is required to maintain monitoring devices shall recalibrate each device annually in accordance with the manufacturer's written requirements for checking the operation and calibration of the device.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.1120** Exemption {#sec-7011.1120 omnilex-key=us-mn-regs-official--agency-167--7011.1120}
During freezing temperatures, owners or operators shall not be required to apply water or dust suppressants.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.1125** Ceasing Operations; Wind {#sec-7011.1125 omnilex-key=us-mn-regs-official--agency-167--7011.1125}
The owner or operator of a coal handling facility shall not conduct any nonessential coal handling operations that are not shielded from the wind or enclosed in a building when steady wind speeds exceed 30 miles per hour as determined at the nearest official station of the United States Weather Bureau or by wind speed instruments on or adjacent to the site.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.1130** Performance Test Method {#sec-7011.1130 omnilex-key=us-mn-regs-official--agency-167--7011.1130}
Unless another method is approved by the commissioner, an owner or operator required to submit performance tests for coal handling facilities must use the following test methods to demonstrate compliance:
A. Method 1 for sample and velocity traverses;
B. Method 5 for the concentration of filterable particulate material and moisture content;
C. Method 9 for the visual determination of the opacity of emission from stationary sources.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.1135** Performance Test Procedures {#sec-7011.1135 omnilex-key=us-mn-regs-official--agency-167--7011.1135}
**Subpart 1. In general.**
Performance tests must be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Special procedures.**
For Method 5, the sampling time for each run must be at least 60 minutes and the minimum sampling volume must be 0.85 dscm (30 dscf) except that owners or operators may, prior to testing, request approval from the commissioner for smaller sampling times or volumes, when necessitated by process variables or site-specific limitations. Sampling must not be started until at least 30 minutes after start-up and must be terminated before shutdown procedures commence. The owner or operator must eliminate cyclonic flow during performance tests.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 18 SR 1412; 41 SR 763*
##### **Minn. R. 7011.1140** Dust Suppressant Agents {#sec-7011.1140 omnilex-key=us-mn-regs-official--agency-167--7011.1140}
Nothing in these parts shall authorize the use of surface hardening agents, wetting or chemical agents, foam agents, and oils that may cause ground water or surface water contamination in violation of any applicable water pollution law.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.1150** Incorporation by Reference; New Source Performance Standards; Coal Preparation and Processing Plants {#sec-7011.1150 omnilex-key=us-mn-regs-official--agency-167--7011.1150}
Code of Federal Regulations, title 40, part 60, subpart Y, as amended, entitled "Standards of Performance for Coal Preparation and Processing Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.1201** Definitions {#sec-7011.1201 omnilex-key=us-mn-regs-official--agency-167--7011.1201}
**Subpart 1. Scope.**
As used in parts 7007.0200, 7007.0250, 7007.0501, 7007.0801, and 7011.1201 to 7011.1294, the following words have the meanings defined in this part.
**Subp. 1a. Statutes and other rules.**
The definitions in Minnesota Statutes, section 116.06, and in part 7001.0010 and chapters 7005, 7007, 7009, 7011, 7017, and 7019 apply to terms in parts 7011.1201 to 7011.1294, unless the terms are specifically otherwise defined in this part.
**Subp. 2.**
[Repealed, 18 SR 2584]
**Subp. 3.**
[Repealed, 18 SR 2584]
**Subp. 4.**
[Repealed, 18 SR 2584]
**Subp. 5. Accurate and valid data.**
"Accurate and valid data" means data which provides the measurement of emissions of an air contaminant from the waste combustor or operating parameters of a component of the waste combustor. For continuously monitored emissions, data shall be considered accurate and valid immediately upon recording. For emissions for which a performance test is conducted, data shall be considered accurate and valid 14 days after the waste combustor owner or operator receives the performance test report, unless the waste combustor owner or operator notifies the commissioner within the same 14 days that the owner or operator can show reason for rejecting the data.
**Subp. 6. Air contaminant.**
"Air contaminant" has the meaning given in Minnesota Statutes, section 116.06, subdivision 2.
**Subp. 7.**
[Repealed, 22 SR 1975]
**Subp. 8. Chief facility operator.**
"Chief facility operator" means the person in direct charge and control of the operation of a waste combustor who is responsible for daily on-site supervision, technical direction, management, and overall performance of the facility.
**Subp. 9. Class A waste combustor.**
"Class A waste combustor" means that the design capacity for a waste combustor unit is 93.75 x 106 Btu/hr or more, the waste combustor units combust primarily mixed municipal solid waste or RDF, and construction of the waste combustor was commenced on or before September 20, 1994.
**Subp. 10.**
[Repealed, 22 SR 1975]
**Subp. 11. Class C waste combustor.**
"Class C waste combustor" means that the total of the design capacities for all waste combustor units at a stationary source is 15 x 106 Btu/hr or more and less than 93.75 x 106 Btu/hr, the waste combustor units combust primarily mixed municipal solid waste or RDF, and construction of the waste combustor was commenced on or before August 30, 1999.
**Subp. 12.**
[Repealed, 39 SR 386]
**Subp. 13. Class I waste combustor.**
"Class I waste combustor" means that the design capacity for a waste combustor unit is 93.75 x 106 Btu/hr or more, the waste combustor unit burns mixed municipal solid waste, and construction of the unit is commenced after September 20, 1994, or modification or reconstruction is commenced after June 19, 1996.
**Subp. 14. Class II waste combustor.**
"Class II waste combustor" means that the design capacity for a waste combustor unit is 15 x 106 Btu/hr or more and less than 93.75 x 106 Btu/hr, the waste combustor unit burns mixed municipal solid waste, and construction of the unit is commenced after August 30, 1999, or modification or reconstruction is commenced after June 6, 2001.
**Subp. 15. Class III waste combustor.**
"Class III waste combustor" means that the design capacity for a waste combustor unit is 3.0 x 106 Btu/hr or more and less than 15 x 106 Btu/hr, the waste combustor unit burns mixed municipal solid waste or medical waste, and the waste combustor is issued a permit for construction after December 20, 1989.
**Subp. 16. Class IV waste combustor.**
"Class IV waste combustor" means that the design capacity for a waste combustor unit is less than 3.0 x 106 Btu/hr.
**Subp. 16a. Commercial or industrial solid waste incinerator.**
"Commercial or industrial solid waste incinerator" means any distinct operating unit at a commercial or industrial solid waste facility that combusts, or has combusted in the preceding six months, any solid waste as defined in Code of Federal Regulations, title 40, part 241.
**Subp. 17. Cofired unit.**
"Cofired unit" means an emissions unit which combusts mixed municipal solid waste or RDF with a fuel that is not mixed municipal solid waste or RDF and 30 percent or less by weight of the total fuel input is comprised in aggregate of mixed municipal solid waste or RDF as measured on a 24-hour basis. The fuel feed stream composition calculation shall be the ratio of the weights of mixed municipal solid waste and RDF to mixed municipal solid waste, RDF, and all other fuels delivered to the combustion chamber.
**Subp. 18. Crematorium.**
"Crematorium" means a furnace used to reduce the dead human body to ashes and inorganic bone fragments.
**Subp. 19. Design capacity.**
"Design capacity" means the hourly throughput of the waste combustor unit based on heat input from solid waste of the combustion system stated by the manufacturer or designer, based on accepted design and engineering practices. For a noncontinuous feed system, design capacity means the total heat input from solid waste per cycle.
**Subp. 20. Dumpstack.**
"Dumpstack" means a stack, chimney, vent, or other functionally equivalent opening by which uncontrolled emissions are vented into the ambient air.
**Subp. 21. Energy recovery facility.**
"Energy recovery facility" means an emissions unit or emission facility used to capture the heat value of solid waste for conversion to steam, electricity, or immediate heat value by direct combustion or by burning an intermediate fuel product derived from solid waste. For the purposes of parts 7011.1201 to 7011.1294, this definition does not include landfill facilities that recover methane gases, or facilities processing solid waste to convert the solid waste to an intermediate fuel product.
**Subp. 22. Fluidized bed combustor.**
"Fluidized bed combustor" means a classification of combustion systems in which the bed material is maintained in a fluidized state in the primary zone of combustion. Combustion systems included in this classification include bubbling fluidized bed and circulating fluidized bed combustors.
**Subp. 23. Four-hour block average.**
"Four-hour block average" means the average of all hourly emission rates when the emissions unit is operating and combusting solid waste measured over six discrete four-hour periods beginning at midnight.
**Subp. 24. Hazardous waste.**
"Hazardous waste" has the meaning given in Minnesota Statutes, section 115B.02, subdivision 9.
**Subp. 25. Household batteries.**
"Household batteries" has the meaning given in Minnesota Statutes, section 115A.961.
**Subp. 26. Household hazardous waste.**
"Household hazardous waste" has the meaning given in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (b).
**Subp. 27. Incinerator.**
"Incinerator" means any emissions unit, emission facility, furnace, or other device used for the primary purpose of reducing the volume of solid waste by removing combustible matter.
**Subp. 28. Industrial solid waste.**
"Industrial solid waste" has the meaning given in part 7035.0300, subpart 45.
**Subp. 29. Infectious waste.**
"Infectious waste" has the meaning given in Minnesota Statutes, section 116.76, subdivision 12.
**Subp. 30. Initial start-up.**
"Initial start-up" means the date on which solid waste is first fired in a new, modified, retrofitted, or reconstructed emissions unit.
**Subp. 31. Mass burn.**
"Mass burn" means a classification of field-erected combustion systems in which solid waste is combusted that has not been subjected to shredding or size classification. Combustion systems included in this classification are mass burn water wall, mass burn refractory, and mass burn rotary waterwall combustors.
**Subp. 32. Maximum demonstrated capacity.**
For waste combustors with heat recovery, "maximum demonstrated capacity" means the maximum four-hour integrated average load for each waste combustor unit achieved during four consecutive hours during the most recent test during which compliance with the PCDD/PCDF limit in part 7011.1225 is achieved, as measured by steam flow or alternative method as approved by the commissioner. For waste combustors without heat recovery, "maximum demonstrated capacity" means the maximum four-hour arithmetic average input rate for each waste combustor unit achieved during the most recent test during which compliance with the PCDD/PCDF limit was achieved. If PCDD/PCDF testing is not required to be conducted, the maximum demonstrated capacity is the capacity achieved during the conduct of the most recent test for which compliance with particulate matter standards and carbon monoxide in part 7011.1225 is demonstrated.
**Subp. 33. Metals recovery incinerator.**
"Metals recovery incinerator" means a furnace or incinerator used primarily to recover precious and nonprecious metals by burning the combustible fraction from waste. An aluminum sweat furnace is not a metals recovery incinerator.
**Subp. 34. Mixed municipal solid waste.**
"Mixed municipal solid waste" has the meaning given in Minnesota Statutes, section 115A.03, subdivision 21.
**Subp. 34a. Modification or modified municipal waste combustor unit.**
"Modification" or "modified municipal waste combustor unit" means a municipal waste combustor unit to which changes have been made after June 19, 1996, if the cumulative cost of the changes, over the life of the unit, exceed 50 percent of the original cost of construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs; or any physical change in the municipal waste combustor unit or change in the method of operation of the municipal waste combustor which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 129 or section 111 of the Clean Air Act. Increases in the amount of any air pollutant emitted by the municipal waste combustor unit are determined at 100 percent physical load capability and downstream of all air pollution control devices, with no consideration given for load restrictions based on permits or other nonphysical operational restrictions.
**Subp. 35. Modular waste combustor.**
"Modular waste combustor" means a classification of combustion systems that are not field-erected, and have more than one combustion chamber. Combustion systems included in this classification are modular starved air and modular excess air combustors.
**Subp. 36. Normal start-up.**
A. "Normal start-up" means the period of time between the initial start-up of a new, modified, retrofitted, or reconstructed emissions unit of a waste combustor, or emissions unit of a waste combustor that is modified, retrofitted, or reconstructed to meet the requirements of parts 7011.1201 to 7011.1294, and the lesser of 60 days after achieving the maximum production rate at which the emissions unit will operate or 180 days after initial start-up.
B. If no modification, retrofit, or reconstruction of a class D or IV waste combustor is necessary to meet the requirements of parts 7011.1201 to 7011.1294, then normal start-up means the period of time between June 20, 1994, and the applicable date in part 7011.1215, subpart 6.
C. If no modification, retrofit, or reconstruction of a class A or C waste combustor is necessary to meet the requirements of parts 7011.1201 to 7011.1294, then normal start-up means the period of time between May 18, 1998, and the date by which the waste combustor must demonstrate compliance with waste combustor emission standards of part 7011.1225, as allowed in part 7011.1215, subparts 5 and 5a.
**Subp. 36a. One-hour average.**
"One-hour average" means the arithmetic mean of all the individual data points collected by a monitor in an hour. Each hourly average begins at the top of the hour and ends at the top of the succeeding hour.
**Subp. 37. Operator supervisor.**
"Operator supervisor" means the class IV waste combustor personnel who has direct responsibility for control of the operation of a waste combustor and is responsible for overall on-site supervision, technical direction, management, and performance of the facility. This personnel may also be responsible for operating the waste combustor including start-up, operation, shutdown, and maintenance of the equipment.
**Subp. 38. Paint burn-off oven.**
"Paint burn-off oven" means an oven or furnace designed, installed, and operated to burn off paint overspray from hooks and other painting process accessories.
**Subp. 39. Pathological waste.**
"Pathological waste" has the meaning given in Minnesota Statutes, section 116.76, subdivision 14.
**Subp. 40. Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans or PCDD/PCDF.**
"Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans" or "PCDD/PCDF" means the total of tetra-through octa-polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans.
**Subp. 41. Problem material.**
"Problem material" has the meaning given in Minnesota Statutes, section 115A.03, subdivision 24a.
**Subp. 42. RDF stoker.**
"RDF stoker" means a steam generating unit that combusts RDF in a semisuspension firing mode using air-fed distributors.
**Subp. 42a. Reconstruction.**
"Reconstruction" means rebuilding a municipal waste combustor unit for which the reconstruction commenced after June 19, 1996, and the cumulative costs of the construction over the life of the unit exceed 50 percent of the original cost of construction and installation of the unit (not including any cost of land purchased in connection with the construction or installation) updated to current costs (current dollars).
**Subp. 43. Refuse-derived fuel or RDF.**
"Refuse-derived fuel" or "RDF" has the meaning given in Minnesota Statutes, section 115A.03, subdivision 25d.
**Subp. 43a.**
[Renumbered subp 43c]
**Subp. 43b. Resinated wood.**
"Resinated wood" has the meaning given in Code of Federal Regulations, title 40, section 241.2.
**Subp. 43c. Retrofit.**
"Retrofit" means the installation of air pollution control, combustion, or monitoring equipment to a waste combustor for purposes of reducing air pollution emissions. If installing air pollution control equipment, combustion equipment, or monitoring equipment would be a modification as defined in subpart 34a, or reconstruction as defined in subpart 42a, then the activity is not a retrofit.
**Subp. 44. Shift supervisor.**
"Shift supervisor" means the person in direct charge and control of the operation of a waste combustor and who is responsible for on-site supervision, technical direction, management, and overall performance of the facility during an assigned shift.
**Subp. 45. Solid waste.**
"Solid waste" has the meaning given in Minnesota Statutes, section 116.06, subdivision 22.
**Subp. 45a. Tires.**
"Tires" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 7.
**Subp. 46. Waste combustor.**
"Waste combustor" means any emissions unit or emission facility where mixed municipal solid waste, solid waste, or refuse-derived fuel is combusted, and includes energy recovery facilities, or other combustion devices. A metals recovery incinerator is a waste combustor. A combustion device combusting resinated wood or dewatered paper mill wastewater treatment plant sludge, is not a waste combustor. A soil treatment facility, paint burn-off oven, wood heater, or residential fireplace is not a waste combustor.
**Subp. 47.**
[Repealed, 22 SR 1975]
**Subp. 48. Wood.**
"Wood" means wood, wood residue, bark, or any derivative fuel or residue thereof, in any form, including sawdust, sander dust, wood chips, wood scraps, slabs, millings, shavings, and processed pellets made from wood and other forest residues.
**Subp. 49. Wood heater.**
"Wood heater" means an enclosed wood-burning appliance capable of and intended for space heating and domestic water heating. These devices include adjustable burn rate wood heaters, single burn rate wood heaters, and pellet stoves. Wood heaters may or may not include air ducts to deliver some portion of the heat produced to areas other than the space where the wood heater is located. Wood heaters include:
A. freestanding wood heaters: wood heaters that are installed on legs, on a pedestal, or suspended from the ceiling. These products generally are safety listed under UL-1482, UL-737, or ULC-S627;
B. fireplace insert wood heaters: wood heaters intended to be installed in masonry fireplace cavities or in other enclosures. These appliances generally are safety listed under UL-1482, UL-737, or ULC-S628; and
C. built-in wood heaters: wood heaters that are intended to be recessed into the wall. These appliances generally are safety listed under UL-1482, UL-737, UL-127, or ULC-S610.
**Subp. 50. Yard waste.**
"Yard waste" means garden wastes, leaves, lawn cuttings, weeds, and prunings.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 18 SR 2584; 22 SR 1975; 39 SR 386; 43 SR 797; 44 SR 1030; 46 SR 1209*
##### **Minn. R. 7011.1202** [Repealed, 18 SR 2584] {#sec-7011.1202 omnilex-key=us-mn-regs-official--agency-167--7011.1202}
[Repealed, 18 SR 2584]
##### **Minn. R. 7011.1203** [Repealed, 18 SR 2584] {#sec-7011.1203 omnilex-key=us-mn-regs-official--agency-167--7011.1203}
[Repealed, 18 SR 2584]
##### **Minn. R. 7011.1204** [Repealed, 18 SR 2584] {#sec-7011.1204 omnilex-key=us-mn-regs-official--agency-167--7011.1204}
[Repealed, 18 SR 2584]
##### **Minn. R. 7011.1205** Incorporation by Reference; Documents {#sec-7011.1205 omnilex-key=us-mn-regs-official--agency-167--7011.1205}
For the purpose of parts 7007.0501, 7007.0801, and 7011.1201 to 7011.1294, the documents in items A to C are incorporated by reference. Unless otherwise stated, these documents are not subject to frequent change:
A. Annual Book of American Society for Testing and Materials Standards (ASTM), Volume 05.06, Gaseous Fuels; Coal and Coke; Catalysts; Bioenergy and Industrial Chemicals from Biomass (2017). This publication is available through the Minitex interlibrary loan system;
B. Test Methods for Evaluating Solid Waste, SW-846, United States Environmental Protection Agency. This publication is available at https://www.epa.gov/hw-sw846/sw-846-compendium and is subject to frequent change; and
C. The following material is available from the American Society of Mechanical Engineers (ASME), 345 East 47th Street, New York, New York 10017 or through the Minitex interlibrary loan system:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975; 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.1206** [Repealed, 18 SR 2584] {#sec-7011.1206 omnilex-key=us-mn-regs-official--agency-167--7011.1206}
[Repealed, 18 SR 2584]
##### **Minn. R. 7011.1207** [Repealed, 18 SR 2584] {#sec-7011.1207 omnilex-key=us-mn-regs-official--agency-167--7011.1207}
[Repealed, 18 SR 2584]
##### **Minn. R. 7011.1210** [Repealed, 46 SR 1209] {#sec-7011.1210 omnilex-key=us-mn-regs-official--agency-167--7011.1210}
[Repealed, 46 SR 1209]
##### **Minn. R. 7011.1215** Applicability of Standards of Performance for Waste Combustors {#sec-7011.1215 omnilex-key=us-mn-regs-official--agency-167--7011.1215}
**Subpart 1. Waste combustors.**
A person who constructs, modifies, reconstructs, or operates a waste combustor shall comply with parts 7011.1201 to 7011.1294, except as provided in subparts 2 to 3.
**Subp. 2. Cofired facilities.**
A person who constructs, modifies, reconstructs, or operates a cofired unit is not a waste combustor under parts 7011.1201 to 7011.1285.
**Subp. 2a. Units combusting tires or fuel derived from tires.**
A waste combustor burning a single-item waste stream of tires or fuel derived from tires is not subject to parts 7011.1201 to 7011.1294 if the owner or operator notifies the commissioner in writing of its intent to combust only tires, and provides data documenting that the unit qualifies for this exemption.
**Subp. 2b. Units combusting waste contaminated with used oil.**
An owner of a solid-fuel-fired indirect or direct heating source burning fossil fuel with only wastes contaminated with used oil generated by the owner is not subject to parts 7011.1201 to 7011.1294.
**Subp. 2c. Commercial and industrial solid waste incinerators.**
A person who constructs, modifies, or reconstructs a waste combustor such that it becomes a commercial or industrial solid waste incinerator is not subject to parts 7011.1225 to 7011.1285 but shall comply with parts 7011.1360 to 7011.1370.
**Subp. 3. Crematoria; pathological and animal carcass waste combustors.**
Crematoria, pathological waste combustors, and waste combustors used solely for the disposal of animal carcasses are exempt from the requirements of parts 7011.1215 to 7011.1294, and shall meet the conditions of this subpart.
A. No owner or operator of a crematorium, pathological waste combustor unit, or waste combustor unit used solely for the disposal of animal carcasses shall cause to be emitted into the atmosphere gases which are greater than 20 percent opacity.
B. Waste combustor owners and operators shall install and operate an afterburner which maintains flue gases at 1,200 degrees Fahrenheit for at least 0.3 seconds.
C. Ash shall be stored and transported in such a manner to prevent avoidable amounts of particulate matter to become airborne.
**Subp. 4. Standards.**
A. The standards of parts 7011.1227, 7011.1228, 7011.1229, 7011.1230, 7011.1233, 7011.1240, subpart 2, and 7011.1272, subpart 2, apply at all times when waste is being continuously burned, except during periods of start-up, shutdown, or malfunction, provided that the duration of start-up, shutdown, or malfunction does not exceed three hours. Fugitive emissions standards applicable to ash conveying systems do not apply during maintenance and repair of ash conveying systems. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown are not considered malfunctions.
B. The start-up period commences when the waste combustor begins the continuous burning of solid waste and does not include any warm-up period when the waste combustor is combusting fossil fuel or other solid fuel.
C. Continuous burning is the continuous, semicontinuous, or batch feeding of solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of solid waste solely to provide thermal protection of the grate or hearth during the start-up period when municipal solid waste is not being fed to the grate is not considered to be continuous burning.
**Subp. 5. Transition for class A waste combustors.**
The application of the waste combustor standards to class A waste combustors are described in this subpart.
A. Class A waste combustors shall demonstrate compliance with parts 7011.1201 to 7011.1290 by July 17, 1998, except that the conditions of part 7011.1240, subpart 1, shall be met according to the schedule in part 7011.1240, subpart 1a.
B. If the class A waste combustor cannot comply with these waste combustor standards by July 17, 1998, the waste combustor shall cease operating on July 17, 1998. If the waste combustor cannot comply by July 17, 1998, and elects to continue operating, the waste combustor owner or operator shall submit to the commissioner by June 17, 1998, a schedule that contains the following items:
C. Physical or operational changes made to a class A waste combustor unit primarily for the purpose of complying with the emission limits in parts 7011.1201 to 7011.1290 prior to December 19, 2000, are not considered in determining whether the unit is a modified or reconstructed waste combustor subject to the requirements of Code of Federal Regulations, title 40, part 60, subpart Ea or Eb.
**Subp. 5a. Transition for class C waste combustors.**
A class C waste combustor shall demonstrate compliance with parts 7011.1201 to 7011.1290 by July 17, 1998.
**Subp. 6.**
[Repealed, 39 SR 386]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975; 39 SR 386; 46 SR 1209*
##### **Minn. R. 7011.1220** Prohibitions {#sec-7011.1220 omnilex-key=us-mn-regs-official--agency-167--7011.1220}
**Subpart 1. Prohibited waste combustors.**
No person shall operate a class IV waste combustor unless that waste combustor is:
A. a waste combustor located at a hospital;
B. a crematorium, pathological waste combustor, or waste combustor used solely for the disposal of animal carcasses; or
C. a metals recovery incinerator.
**Subp. 2. Solid wastes requiring special approval.**
No waste combustor shall combust yard waste or tires unless specifically allowed to do so in the air emission permit for the waste combustor.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975*
##### **Minn. R. 7011.1225** Standards of Performance for Waste Combustors {#sec-7011.1225 omnilex-key=us-mn-regs-official--agency-167--7011.1225}
**Subpart 1. Class A or C waste combustor.**
A. A class A or C waste combustor must not emit gases that exceed the applicable standards of performance in parts 7011.1227 and 7011.1228. Emissions, except opacity, must be calculated under standard conditions corrected to seven percent oxygen on a dry volume basis. An owner or operator of a mixed municipal solid waste or RDF waste combustor may determine compliance with the emission limitations using carbon dioxide measurements corrected to an equivalent of seven percent oxygen.
B. A class A or C waste combustor must not emit visible emissions of combustion ash from an ash conveying system, or buildings or enclosures of ash conveying systems, including conveyor transfer points, that exceed five percent of the observation period (i.e. 9 minutes per three-hour period), as determined by Code of Federal Regulations, title 40, part 60, Appendix A, Method 22, as amended. This limit does not apply to visible emissions discharged inside buildings or enclosures of ash conveying systems.
**Subp. 2. Class I waste combustors.**
A class I waste combustor must not emit gases that exceed the standards of performance shown in part 7011.1230.
**Subp. 2a. Class II waste combustors.**
For each waste combustor unit, an owner or operator of a class II waste combustor must not cause to be emitted into the atmosphere gases in excess of the standards of performance under part 7011.1229.
**Subp. 3. Class III waste combustors.**
A class III waste combustor must not emit gases that contain particulate matter, PCDD/PCDF, mercury, carbon monoxide, or opacity that exceeds the standards of performance in part 7011.1231. Emissions must be calculated under standard conditions, corrected to seven percent oxygen on a dry volume basis. An owner or operator may determine compliance with the emission limitations using carbon dioxide measurements corrected to an equivalent of seven percent oxygen. The relationship between carbon dioxide and oxygen must be established at each compliance test.
**Subp. 4.**
[Repealed, 39 SR 386]
**Subp. 5. Class IV waste combustors.**
A class IV waste combustor must not emit gases that contain particulate matter, carbon monoxide, or opacity that exceeds the concentrations in part 7011.1233. Emissions must be calculated under standard conditions, corrected to seven percent oxygen on a dry volume basis. An owner or operator may determine compliance with the emission limitations using carbon dioxide measurements corrected to an equivalent of seven percent oxygen. The relationship between carbon dioxide and oxygen must be established at each compliance test.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975; 39 SR 386; 44 SR 1030; 46 SR 1209*
##### **Minn. R. 7011.1227** Table 1 {#sec-7011.1227 omnilex-key=us-mn-regs-official--agency-167--7011.1227}
The table in this part governs emission limitations for class A and C waste combustor units. For acid gas limitations, either the applicable percent reduction or the parts per million by volume emission limitation, whichever is less stringent, is the emission limitation for the waste combustor.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 2584; 22 SR 1975; 41 SR 763*
##### **Minn. R. 7011.1228** Nitrogen Oxides Limits for Class a Waste Combustors {#sec-7011.1228 omnilex-key=us-mn-regs-official--agency-167--7011.1228}
The nitrogen oxides emission limits in Table A apply to each waste combustor unit at a class A waste combustor facility. The owner or operator must use the procedures of part 7011.1260 for determining compliance with the nitrogen oxides emission limits of Table A.
Alternatively, an owner or operator may average nitrogen oxide emissions across the waste combustor facility according to the procedures in Code of Federal Regulations, title 40, section 60.33b(d)(1), as amended. Waste combustor units for which emissions averaging is used must not exceed the nitrogen oxide emission limits in Table B.
Before a waste combustor owner or operator may implement emissions averaging, the owner or operator must identify units that are included in the nitrogen oxides emissions averaging plan in either the compliance report required by part 7017.2035 that contains the results of the units' initial performance tests required by part 7011.1270, subpart 2, item A, subitem (1), or the annual report required in part 7011.1285, as applicable before implementing the averaging plan. The units included in the averaging plan may be redesignated every calendar year. Partial year averaging is allowable upon written commissioner approval.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1975; 44 SR 1030; 22 SR 1975; 44 SR 1030; 46 SR 1209*
##### **Minn. R. 7011.1229** Performance Standards for Class Ii Waste Combustors {#sec-7011.1229 omnilex-key=us-mn-regs-official--agency-167--7011.1229}
**Subpart 1. Scope.**
The owner or operator of a class II waste combustor must comply with:
A. the emission limits, notification, monitoring, testing, record-keeping, and reporting requirements of the new source performance standards incorporated in part 7011.1293;
B. subpart 2; and
C. the following requirements:
**Subp. 2. Emission limits.**
The table in this subpart governs emission limitations for a class II waste combustor. For acid gas limitations, either the applicable percent reduction or the parts per million by volume emission limitation, whichever is less stringent, is the emission limitation for the waste combustor.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 2584; 22 SR 1975; 41 SR 763; 46 SR 1209*
##### **Minn. R. 7011.1230** Performance Standards; Class I Municipal Waste Combustors {#sec-7011.1230 omnilex-key=us-mn-regs-official--agency-167--7011.1230}
**Subpart 1. Scope.**
The owner or operator of a class I waste combustor must comply with the emission limits, notification, monitoring, testing, record-keeping, and reporting requirements of the new source performance standards incorporated in parts 7011.1291 to 7011.1294, except as provided in subpart 2. In addition, the owner or operator must comply with:
A. parts 7011.1240, subpart 1; 7011.1281; 7011.1282; 7011.1283; and 7011.1284, if the owner or operator chooses to comply with the operator certification requirements of Code of Federal Regulations, title 40, section 60.54b, as amended, by obtaining certification through the Minnesota Pollution Control Agency;
B. the general waste combustor facility requirements of part 7011.1245;
C. the industrial solid waste management plan requirements of part 7011.1250;
D. the reporting and response requirements to exceedance of continuously monitored emissions in part 7011.1260, subpart 7;
E. the reporting and response requirements in part 7011.1265, subpart 11, if an exceedance is measured during the conduct of a performance test; and
F. the test or monitoring frequency for a waste composition study of part 7011.1270, subpart 6.
**Subp. 2. Mercury emission limitations.**
Instead of the mercury emission limits contained in Code of Federal Regulations, title 40, sections 60.52b(a)(5), 60.58b(d)(2)(ix), and 60.58b(d)(2)(x), as amended, the owner or operator of a class I waste combustor must comply with the mercury emission limits described in this subpart and the testing and reporting requirements of parts 7011.1265, subpart 2; and 7011.1270, subpart 6.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1975; 39 SR 386; 44 SR 1030; 22 SR 1975; 39 SR 386; 44 SR 1030; 46 SR 1209*
##### **Minn. R. 7011.1231** Table 3 {#sec-7011.1231 omnilex-key=us-mn-regs-official--agency-167--7011.1231}
The table in this part governs emission limitations for class III waste combustors.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 2584; 41 SR 763*
##### **Minn. R. 7011.1233** Table 4 {#sec-7011.1233 omnilex-key=us-mn-regs-official--agency-167--7011.1233}
The table in this part governs emissions from class IV waste combustors.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 2584; 41 SR 763*
##### **Minn. R. 7011.1235** Requirements of Class Iv Waste Combustors {#sec-7011.1235 omnilex-key=us-mn-regs-official--agency-167--7011.1235}
**Subpart 1. Stack height.**
A. The exit height of the stack at a class IV waste combustor shall be equal to or greater than H plus 0.5L where H is the building height and L is the lesser of the building height or the maximum projected width of the building.
B. The building which gives the greatest value for H plus 0.5L shall determine the stack exit height. All buildings nearby the stack shall be considered in determining stack exit height.
C. Maximum projected width is the longest diagonal distance of the building footprint. The stack is considered to be nearby a building if it is within five times the lesser of the building height or building width.
D. In the alternative, a class IV waste combustor may use a stack with an exit height less than that required by the formula in this subpart, if the facility:
**Subp. 2. Combustion chamber.**
The final combustion chamber of a class IV waste combustor shall be designed and operated to maintain combustion gases at a minimum of 1,800 degrees Fahrenheit for one second in a zone after the last overfire air or secondary air has entered the combustion chamber.
**Subp. 2a. Using auxiliary fuel.**
Auxiliary fuel shall be used to maintain the operating temperatures required in subpart 2 from the time the solid waste feed has been discontinued until the combustion chamber is clear of combustible material or active combustion ceases to exist in the combustion chamber.
**Subp. 3.**
[Repealed, 46 SR 1209]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975; 46 SR 1209*
##### **Minn. R. 7011.1240** Operating Requirements {#sec-7011.1240 omnilex-key=us-mn-regs-official--agency-167--7011.1240}
**Subpart 1. Presence of certified operator.**
The person described in this subpart shall be present at the waste combustor facility at all times when solid waste is being combusted, except as provided in subpart 1a.
A. For class A, C, I, or II waste combustors, either a chief facility operator or shift supervisor who holds a certificate as described in part 7011.1281, subpart 1.
B. For class D and III waste combustors, either a chief facility operator or shift supervisor who holds a certificate as described in part 7011.1280.
C. For class IV waste combustors, the operator supervisor shall hold a certificate as described in part 7011.1280.
**Subp. 1a. Transition period for certifying operators.**
Notwithstanding subpart 1, operators shall be certified within the time frames described in items A to C.
A. For class A and C waste combustors:
B. For class I and II waste combustors:
**Subp. 2. Particulate matter control device; operating temperature.**
The inlet gas stream to each particulate matter control device on a waste combustor as measured by part 7011.1260, subpart 4, item A, shall have a temperature of no greater than 30 degrees Fahrenheit above the highest four-hour arithmetic mean temperature measured during four consecutive hours for this gas stream during the most recent performance test for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans that demonstrated compliance, except as allowed in items A and B.
A. For class A, C, and II waste combustors, during the annual PCDD/PCDF performance test and the two weeks preceding the annual PCDD/PCDF performance test, no particulate matter control device temperature limitations are applicable.
B. For class A, C, and II waste combustors, the commissioner shall waive the particulate matter control device temperature limits for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions, provided a written notification is submitted to the commissioner 30 days prior to undertaking any of the activities identified in this item, with the following information:
**Subp. 3. Start-up on waste prohibited.**
During start-up from a cold furnace, auxiliary fuels shall be used to achieve combustion chamber operating temperature. The use of solid waste solely to provide thermal protection of the grate or hearth during the start-up period when solid waste is not being fed to the grate is not considered to be continuous burning.
**Subp. 4.**
[Repealed, 22 SR 1975]
**Subp. 5. Range of operation.**
A. No owner or operator of a waste combustor shall operate the waste combustor while combusting solid waste at a level above 110 percent of the maximum demonstrated capacity of the combustion system, except as allowed in items B and C, without conducting a performance test under part 7011.1265, which demonstrates compliance with the emission limitations of part 7011.1225 at greater than 110 percent of the maximum demonstrated capacity.
B. For class A, C, and II waste combustors, during the annual PCDD/PCDF performance test and the two weeks preceding the annual PCDD/PCDF performance test, no waste combustor maximum demonstrated capacity is applicable.
C. For class A, C, and II waste combustors, the commissioner shall waive the maximum demonstrated capacity limit for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions, provided a written notification is submitted to the commissioner 30 days prior to undertaking any of the activities identified in this item, with the following information:
**Subp. 6.**
[Repealed, 22 SR 1975]
**Subp. 7. Dumpstack use and reporting requirements.**
A. The dumpstack of a waste combustor must not be used for conducting routine inspection or maintenance on the control equipment or the combustion system without prior approval of the commissioner.
B. A dumpstack shall only be used at a waste combustor when plant or worker safety would be in jeopardy without its use.
C. The owner or operator of a waste combustor shall record in the daily operating record required in part 7011.1285, subpart 2, the date of use of the dumpstack, the length of time the dumpstack was used, the operating conditions of the waste combustor during dumpstack use, and the reason for using the dumpstack.
**Subp. 8. Shutdown or breakdown reporting requirements.**
The owner or operator of a waste combustor shall comply with part 7019.1000 and Minnesota Statutes, section 116.85.
**Subp. 9. Notification.**
The owner or operator of a waste combustor must notify the commissioner in writing at least ten days before the initial start-up of a waste combustor.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975*
##### **Minn. R. 7011.1245** General Waste Combustor Facility Requirements {#sec-7011.1245 omnilex-key=us-mn-regs-official--agency-167--7011.1245}
The owner or operator of a waste combustor shall design, construct, and operate the facility in compliance with the solid waste management requirements as set forth in items A to H. Plans required in the items in this part shall identify those required portions of the plan which are not applicable.
A. security requirements in part 7035.2535, subpart 3;
B. general inspection requirements in part 7035.2535, subpart 4;
C. household hazardous waste management requirements of part 7035.2535, subpart 6;
D. emergency preparedness and prevention plans and emergency procedures shall be prepared in accordance with parts 7035.2595 and 7035.2605;
E. contingency action plans in part 7035.2615;
F. closure plans in part 7035.2625 and closure procedures in part 7035.2635;
G. solid waste transfer facility requirements as required in part 7035.2870; and
H. for waste combustors accepting infectious wastes, infectious waste management requirements of parts 7035.9100 to 7035.9150.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 30 SR 529*
##### **Minn. R. 7011.1250** Industrial Solid Waste Management Plan {#sec-7011.1250 omnilex-key=us-mn-regs-official--agency-167--7011.1250}
**Subpart 1. Preparing industrial waste management plan.**
The waste combustor owner or operator shall prepare a plan for the management of industrial solid wastes in accordance with part 7035.2535, subpart 5, items A and B. The plan must also include the contents listed in subpart 2. The owner or operator shall submit the plan to the commissioner with the waste combustor's permit application.
**Subp. 2. Contents of plan.**
The plan must address how the following additional categories of solid waste will be managed to comply with the requirements of part 7035.2535, subpart 5, item A, subitems (2) to (4), as well as state whether each of the following solid wastes will be accepted at the facility:
A. spilled fossil fuels and the sorbents used to collect the spilled fossil fuels;
B. infectious and pathological wastes;
C. media contaminated with oil;
D. problem materials as defined in Minnesota Statutes, section 115A.03, subdivision 24a; and
E. any other solid wastes that can be identified that would adversely impact waste combustor operations or result in environmental and health problems if combusted.
**Subp. 3. Modification.**
The owner or operator shall modify the industrial waste management plan whenever the management practices or solid wastes identified in the plan have changed. The owner or operator shall submit the amended plan to the commissioner for approval.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584*
##### **Minn. R. 7011.1255** Plan to Separate Solid Wastes Containing Mercury {#sec-7011.1255 omnilex-key=us-mn-regs-official--agency-167--7011.1255}
**Subpart 1. Preparing mercury waste separation plan.**
If a mercury waste separation plan is required by part 7007.0501, the waste combustor owner or operator must prepare a plan to identify, separate, and collect before combustion solid wastes which contain mercury.
**Subp. 2. Contents of plan.**
The plan shall, at a minimum, include the collection of household batteries, electrical devices and switches, electric lighting components, and solid wastes from laboratories where mercury is used, and shall include a plan to identify, separate, and collect before combustion other significant sources of mercury.
The plan shall also contain:
A. the name and title of the person responsible for implementing the plan;
B. an identification of solid waste streams and generators targeted under the plan;
C. a description of the methods that will be used to separate and dispose of mercury-containing solid wastes, including the name of the person or persons responsible for identifying, separating, collecting, transporting, recycling, and disposing of the separated mercury-containing solid waste stream;
D. an estimate of the number of pounds per year of mercury that will be removed from the solid waste stream when the plan is implemented; and
E. a description of the methods to be used to generate public awareness of the mercury separation plan and to generate public participation and cooperation.
**Subp. 3. Periodically revising plan.**
In each application for reissuance of a permit, or every five years for class IV waste combustors, the owner or operator of the combustor must revise the plan to improve identification, separation, and collection before combustion of mercury from the solid waste stream. The updated plan must identify improvements that have been made to the plan to increase identification, separation, and collection before combustion of mercury from the solid waste stream.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 46 SR 1209*
##### **Minn. R. 7011.1260** Continuous Monitoring {#sec-7011.1260 omnilex-key=us-mn-regs-official--agency-167--7011.1260}
**Subpart 1. Combustion chamber temperature monitor.**
The owner or operator of a class D, III, or IV waste combustor must install and operate temperature monitors that continuously read and record the temperature at the point in the combustion unit one second downstream of the entrance of the last overfire or secondary air injection. The owner or operator may elect to place temperature monitors at another point downstream from the entrance of the last overfire or secondary air injection if the owner or operator conducts mapping of the operating combustion chambers to develop temperature isopleths and correlates these temperatures to the downstream temperature monitors. The averaging period for combustion chamber temperatures must be four-hour arithmetic block averages calculated from four one-hour arithmetic averages. Each one-hour arithmetic average must consist of at least ten data points equally spaced in time.
**Subp. 2. Particulate matter control device; temperature monitors.**
The owner or operator of a waste combustor must install, calibrate, maintain, and operate temperature monitors that continuously read and record the temperatures of the flue gas at the inlet of each particulate matter control device.
**Subp. 3. Continuous monitors.**
The owner or operator of a waste combustor must install, calibrate, maintain, and operate a continuous monitoring system when burning solid waste. Monitoring systems that continuously read and record the following outputs must be installed:
A. in class III, A, C, or D waste combustors:
B. in all classifications of waste combustors subject to nitrogen oxides emission limits for nitrogen oxides; and
C. in all classifications of waste combustors subject to sulfur dioxide emission limits for sulfur dioxide. For those facilities for which compliance is determined by the percent reduction of emissions, monitors must be installed at the inlets and outlets of the air pollution control system.
**Subp. 4. Averaging periods.**
Except as provided in this subpart and subparts 4a and 5, parts 7017.1002 to 7017.1220 apply to continuous monitoring data collection, reduction, and averaging periods.
A. For particulate matter control device inlet temperature monitoring, four-hour arithmetic block averages calculated from four consecutive one-hour arithmetic averages.
B. For steam flow or alternative unit load measurement parameter as described in part 7011.1265, subpart 4a, four-hour arithmetic block averages.
C. At waste combustors other than mass burn rotary waterwall combustors or RDF waste combustors for carbon monoxide, a four-hour block average. For mass burn rotary waterwall combustors or RDF stokers, the averaging period for carbon monoxide must be a daily 24-hour arithmetic average measured between 12 midnight and the following midnight. The four-hour and 24-hour average must be calculated from one-hour arithmetic averages. At least four points equally spaced in time shall be used to calculate each one-hour average. During periods of calibration, quality assurance audits, and routine maintenance, only two data points during the hour, at least 15 minutes apart, are required to calculate an hourly average. Each one-hour average must be corrected to seven percent oxygen on an hourly basis using the one-hour arithmetic average of the oxygen or carbon dioxide continuous emissions monitoring system.
D. For sulfur dioxide, the geometric average of the one-hour arithmetic average emission concentration during each 24-hour daily period measured from midnight to midnight. At least four data points equally spaced in time shall be used to calculate each one-hour arithmetic average. During periods of calibration, quality assurance audits, and routine maintenance, only two data points during the hour, at least 15 minutes apart, are required to calculate an hourly average. Each one-hour average must be corrected to seven percent oxygen on an hourly basis using the one-hour arithmetic average of the oxygen or carbon dioxide continuous emissions monitoring system.
E. For nitrogen oxides, the arithmetic average of the one-hour arithmetic average emission concentration during each 24-hour daily period measured from midnight to midnight. At least four data points equally spaced in time must be used to calculate each one-hour arithmetic average. During periods of calibration, quality assurance audits, and routine maintenance, only two data points during the hour, at least 15 minutes apart, are required to calculate an hourly average. Each one-hour average must be corrected to seven percent oxygen on an hourly basis using the one-hour arithmetic average of the oxygen or carbon dioxide continuous emissions monitoring system.
F. For opacity, a six-minute average, calculated using 36 or more data points equally spaced over a six-minute period.
G. For oxygen or carbon dioxide, a one-hour average.
**Subp. 4a. Calculating sulfur dioxide and nitrogen oxide emissions.**
A. Compliance with the sulfur dioxide emission limit and percent reduction must be determined by using a continuous emission monitor to measure sulfur dioxide and calculating a 24-hour daily geometric mean emission concentration and daily geometric mean percent reduction using Code of Federal Regulations, title 40, part 60, Appendix A, Method 19, section 5.4, as amended, to determine the daily geometric average percent reduction in the potential sulfur dioxide emission concentration. For waste combustors that do not operate continuously, compliance must be determined using a daily geometric mean of all hourly average values for the hours during the day that the facility is operated.
B. Compliance with the nitrogen oxides emission standards must be determined by using a continuous emission monitor for measuring nitrogen oxides and calculating a 24-hour daily arithmetic average emission concentration using Code of Federal Regulations, title 40, part 60, Appendix A, Method 19, section 4.1, as amended. For waste combustors that do not operate continuously, compliance must be determined using an arithmetic mean of all hourly average values for the hours during the day that the facility is operated.
**Subp. 5. Installing and operating continuous monitors.**
The owner or operator of a waste combustor with continuous monitors must comply with parts 7017.1002 to 7017.1220, except as provided in items A to I.
A. Following the initial compliance test as required under part 7011.1270, the owner or operator of a waste combustor must submit the initial compliance report required under part 7011.1285, subpart 5.
B. Continuous monitors must be operated to measure and record data for at least 75 percent of the hours per day for 90 percent of the days of the calendar quarter that the waste combustor is operating and combusting solid waste.
C. All valid monitoring data must be used to calculate emission rates, emission reductions, and operating parameters, even if the conditions of item B are not met.
D. When continuous emissions data for sulfur dioxide removal efficiency, sulfur dioxide or nitrogen oxide emission rates, or carbon monoxide are not obtained because of monitor breakdowns, repairs, calibration checks, and zero and span adjustments, emission data calculations to determine compliance must be made using the following methods:
E. Zero drift and span drift checks of emission monitoring systems must be conducted in accordance with Code of Federal Regulations, title 40, section 60.13, as amended.
F. Span values for continuous monitors must be as described in subitems (1) to (4). Dual scale monitors may be used to monitor emissions beyond the ranges specified in subitems (1) to (4).
G. Quarterly accuracy determinations, daily calibration drift tests, and annual relative accuracy test audits must be performed according to Code of Federal Regulations, title 40, part 60, Appendix F, as amended, for sulfur dioxide, nitrogen oxides, carbon monoxide, and oxygen or carbon dioxide, except that section 5.1.1 (relative accuracy test audit) does not apply to the oxygen monitor.
H. The procedures under Code of Federal Regulations, title 40, section 60.13, as amended, must be followed for installation, evaluation, and operation of continuous emissions monitoring systems for sulfur dioxide, nitrogen oxides, opacity, and oxygen or carbon dioxide.
I. The oxygen or carbon dioxide monitor must conform to Performance Specification 3 in Code of Federal Regulations, title 40, part 60, Appendix B, as amended, except that section 2.3 does not apply.
**Subp. 6. Recording data from continuous monitoring.**
The owner or operator of a waste combustor must maintain a permanent record of continuously measured parameters. The record of monitoring must contain:
A. the calendar date;
B. the following measurements recorded in a manner that allows the data to be immediately accessed upon inspection by the commissioner:
C. the following average concentrations and parameters:
**Subp. 7. Exceeding continuously monitored emission limits.**
If accurate and valid data results collected from continuous monitors for sulfur dioxide, nitrogen oxides, or carbon monoxide data exceed emission limits established in part 7011.1225 or in the waste combustor's permit after normal start-up, the waste combustor owner or operator must take the following actions:
A. The exceedance must be reported to the commissioner as soon as reasonably possible, giving consideration to matters of plant or worker safety or access to communications.
B. Appropriate repairs or modifications to return the waste combustor to compliance must be commenced within 72 hours of the exceedance.
C. If the waste combustor cannot be returned to compliance within 72 hours of the exceedance occurring, the waste combustor must be shut down. If the modifications to return the waste combustor to compliance require amending the air emission facility permit, the waste combustor must shut down within 72 hours of the exceedance.
D. When repairs or modifications have been completed, the waste combustor owner or operator must demonstrate to the commissioner that the waste combustor is in compliance. The waste combustor may be started up after the owner or operator notifies the commissioner in writing of the date the owner or operator plans to start up the waste combustor and the date that compliance testing is scheduled. Notification must be given at least ten days in advance of the compliance test date.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975; 23 SR 1764; 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.1265** Required Performance Tests, Methods, and Procedures {#sec-7011.1265 omnilex-key=us-mn-regs-official--agency-167--7011.1265}
**Subpart 1. Performance test methods and procedures.**
An owner or operator of a waste combustor required to conduct performance tests for a waste combustor must use the performance test methods and procedures specified in parts 7017.2001 to 7017.2060 except as modified in this part. Not operating a sorbent injection system for the sole purpose of testing to demonstrate compliance with the percent reduction standards for sulfur dioxide and hydrogen chloride is not a modification under part 7007.0100, subpart 14.
**Subp. 2. Performance test methods for criteria pollutants.**
An owner or operator of a waste combustor required to conduct performance tests for particulate matter, sulfur dioxide, or nitrogen oxides must use the test methods under items A to D.
A. For particulate matter, except for class I, II, A, and C waste combustors, the minimum sample volume must be 1.7 dscm, and the probe and filter holder heating systems in the sample train must be set to provide a gas temperature no greater than 160 degrees Celsius, plus or minus 14 degrees. For class III and IV waste combustors, the minimum sample volume must be 0.85 dscm. Owners or operators may request approval for smaller sampling times or volumes from the commissioner before testing, when necessitated by process variables or site-specific limitations. An oxygen or carbon dioxide measurement must be obtained simultaneously with each Method 5 test run for particulate matter. Particulate matter emissions, expressed in gr/dscf, must be corrected to seven percent oxygen by using the following formula: where: c7 is the concentration of particulate matter corrected to seven percent oxygen; c is the concentration of particulate matter as measured by Code of Federal Regulations, title 40, part 60, Appendix A-3, Method 5, and Code of Federal Regulations, title 40, part 51, Appendix M, Method 202, and %O2 is the percentage of oxygen as measured by Code of Federal Regulations, title 40, part 60, Appendix A-2, Method 3, as amended.
B. For opacity emissions, Code of Federal Regulations, title 40, part 60, Appendix A, Method 9, as amended, must be used to determine compliance with opacity limits.
C. For class IV waste combustors carbon monoxide emissions, compliance with the emission limit must be determined by using Code of Federal Regulations, title 40, part 60, Appendix A, Method 10, as amended.
D. For fugitive ash emissions, Code of Federal Regulations, title 40, part 60, Appendix A, Method 22, as amended, must be used. The minimum observation time is a series of three one-hour observations. The observation period must include times when the facility is transferring ash from the waste combustor unit to the area where ash is stored or loaded into containers or trucks. The average duration of visible emissions per hour must be calculated from the three one-hour observations. The average must be used to determine compliance with the emission limit.
**Subp. 3. Performance test methods for other air contaminants.**
If not specified in this subpart, the owner or operator must use test methods in Code of Federal Regulations, title 40, part 60, Appendix A, or part 61, Appendix B, as amended, or other methods determined by the commissioner in writing to be equivalent. For class A waste combustors, other methods used for performance testing must be approved by the Environmental Protection Agency.
A. For hydrogen chloride, the percentage reduction in the potential hydrogen chloride emissions (%PHCl) is computed using the following formula: where Ei is the potential hydrogen chloride emission rate measured at the control device inlet, corrected to seven percent O2, and Eo is the hydrogen chloride emission rate measured at the outlet of the acid gas control device, corrected to seven percent O2. Code of Federal Regulations, title 40, part 60, Appendix A, Method 26 or 26A, or title 40, part 63, Appendix A, Method 320, as amended, must be used for determining the hydrogen chloride emission rate. The minimum sampling time is one hour. An oxygen or carbon dioxide measurement must be obtained simultaneously with each Method 26 test run for hydrogen chloride. The average of the hydrogen chloride emission concentration or percent reduction is used to determine compliance.
B. For PCDD/PCDF emissions, Code of Federal Regulations, title 40, part 60, Appendix A, Method 23, as amended, must be used to determine compliance with the PCDD/PCDF emission limits. For class II and A facilities, the minimum sample time is four hours per test run. For class III, C, and D facilities, the minimum sample time is three hours per test run. An oxygen or carbon dioxide measurement must be obtained simultaneously with each Method 23 test run for PCDD/PCDF. The average of the PCDD/PCDF test runs is used to determine compliance.
C. For mercury, lead, and cadmium emissions, Code of Federal Regulations, title 40, part 60, Appendix A, Method 29, as amended, must be used for measuring emissions of lead, cadmium, and mercury. The minimum sample volume is 1.7 dscm. An oxygen or carbon dioxide measurement must be obtained simultaneously with each Method 29 test run for lead and cadmium. The average of the lead or cadmium emission concentrations from three test runs or more must be used to determine compliance. The procedures in item D must be used to determine compliance with the mercury emission limits.
D. To determine the mercury concentration, the arithmetic average of three or more samples at the outlet of the air pollution control device must be used. The minimum sample volume is 1.7 dscm. The maximum sample run time is two hours. An oxygen or carbon dioxide measurement must be obtained simultaneously with each Method 29 test run for mercury. To determine the percent reduction of mercury, concurrent sampling for mercury at the inlet and outlet of the air pollution control system must be performed at each occurrence of mercury emissions performance testing. Owners and operators of RDF combustors may choose to conduct mercury emissions testing either every 90 days or every 12 months. If the owner or operator of an RDF combustor chooses to conduct testing every 90 days, the requirements of subitems (1) and (2) apply. If the RDF combustor chooses to test every 12 months, the requirements of subitem (3) apply.
**Subp. 4. Steam flow measurement method.**
The method contained in ASME PTC 4.1, section 4, incorporated by reference in part 7011.1205, must be used for calculating the steam flow required under part 7011.1260, subpart 3, item A, subitem (2). The recommendations of Application: Part II of Fluid Meters, Interim Supplement 19.5 on Instruments and Apparatus, chapter 4, incorporated by reference in part 7011.1205, must be followed for design, construction, installation, calibration, and use of nozzles and orifices, except that measurement devices such as flow nozzles and orifices are not required to be recalibrated after they are installed. All signal conversion elements associated with steam flow measurements must be calibrated according to the manufacturer's instructions before each PCDD/PCDF test, and at least once per year. This annual calibration must be recorded in the daily operating record as described in part 7011.1285, subpart 2.
**Subp. 4a. Alternative methods for measuring unit load.**
Alternative continuous measuring methods in place of steam flow may be installed and operated, provided that the method continuously measures the waste combustor unit load, is equivalent to results obtained when using the method in subpart 4, and the use of the method is approved by the commissioner.
**Subp. 4b. Procedures for correlating carbon dioxide and oxygen concentrations.**
If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and carbon dioxide levels must be established during the initial performance test according to the procedures and methods under items A to E.
A. The fuel factor equation in Code of Federal Regulations, title 40, part 60, Appendix A, Method 3B, must be used to determine the relationship between oxygen and carbon dioxide at a sampling location. Method 3, 3A, or 3B must be used to determine the oxygen concentration at the same location as the carbon dioxide monitor.
B. Samples must be taken for at least 30 minutes in each hour.
C. Each sample must represent a one-hour average.
D. A minimum of three runs must be performed.
E. The relationship between carbon dioxide and oxygen concentrations that is established must be submitted as part of the initial performance test report.
**Subp. 5. Performance tests required.**
Performance tests must be conducted on waste combustors to determine the emission concentrations of the following air contaminants:
A. lead;
B. cadmium;
C. mercury; and
D. any other air contaminant for which an emission limitation applies to the waste combustor, except for opacity and those contaminants for which compliance is demonstrated by using a continuous monitor.
**Subp. 6. Operation during performance testing.**
The owner or operator of a waste combustor must report operating conditions to the commissioner, including operating parameters of the air pollution control equipment, flue gas temperatures, air flow rates, and pressure drop across the combustion system.
**Subp. 7. Maximum demonstrated capacity.**
For class I, II, III, A, C, and D waste combustors, maximum demonstrated capacity of each waste combustor unit must be determined during the initial performance test for PCDD/PCDF and each subsequent performance test during which compliance with the PCDD/PCDF emission limit in part 7011.1225 is achieved. For class IV waste combustors, maximum demonstrated capacity must be determined during the initial performance test and each subsequent performance test during which compliance with emission limits is demonstrated.
**Subp. 8. Particulate matter control; device temperature.**
The owner or operator of a waste combustor with postcombustion particulate matter control must determine and record the four-hour arithmetic average gas stream temperature as measured at the inlet to each particulate matter control device during the initial and each subsequent performance test for PCDD/PCDFs demonstrating compliance with the PCDD/PCDF emission limit in part 7011.1225.
**Subp. 9.**
[Repealed, 22 SR 1975]
**Subp. 10. Solid waste composition.**
Solid waste composition studies must be conducted as described in part 7007.0501, subpart 2.
**Subp. 11. Exceeding emission limits.**
If accurate and valid data results of a performance test demonstrate an exceedance of a standard of performance under part 7011.1225 or in the waste combustor's air emission facility permit after normal start-up, the waste combustor owner or operator must take the actions in items A to D.
A. The owner or operator must immediately report the exceedance to the commissioner and comply with the applicable reporting provisions of part 7007.0800, subpart 6.
B. The owner or operator must take appropriate steps to return the waste combustor to compliance and must demonstrate compliance within 60 days of the initial report of the exceedance.
C. If the commissioner determines that compliance has not been achieved within 60 days of the initial report of exceedance, the waste combustor must be shut down.
D. If shutdown was required under item C, the waste combustor may be restarted under the conditions specified by the commissioner. The owner or operator must notify the commissioner in writing of the date on which the owner or operator plans to start up and to begin compliance testing. Notification must be at least ten days in advance of the compliance test date.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 2584; 22 SR 1975; 28 SR 1482; 41 SR 763; 44 SR 1030; 46 SR 1209*
##### **Minn. R. 7011.1270** Performance Test, Waste Composition Study, and Ash Sampling Frequency {#sec-7011.1270 omnilex-key=us-mn-regs-official--agency-167--7011.1270}
**Subpart 1. Generally.**
The owner or operator of a waste combustor must conduct the performance tests required in part 7011.1265, subpart 5, based on the schedules in this part.
**Subp. 2. Class A waste combustors.**
A. The owners or operators of class A waste combustors must conduct performance tests:
B. If all PCDD/PCDF performance tests for all units for a two-year period indicate that PCDD/PCDF emissions are less than or equal to 15 ng/dscm corrected to seven percent O2 from each unit, then the owner or operator may choose to test one unit for PCDD/PCDF once annually after the test in item A, subitem (2), but not more than 12 months following the previous performance test. Thereafter, the owner or operator may continue to test a different unit for PCDD/PCDF each year, in sequence.
C. The owner or operator must specify what the PCDD/PCDF performance testing schedule is each time a pretest notification is given under part 7017.2030.
D. The owner or operator of a class A waste combustor may implement testing for mercury not less than once every 12 months if the facility has demonstrated that mercury emissions have been below 50 percent of the facility's permitted long-term limit for three consecutive years.
E. The owners or operators of class A waste combustors combusting RDF may choose to conduct performance tests for mercury every 12 months. If a test shows that an emission limit for mercury from a waste combustor combusting RDF is exceeded, the commissioner must require testing every three months thereafter until compliance with the standard is demonstrated.
F. The owner or operator of a class A waste combustor must complete a waste composition study every five years.
**Subp. 3. Class II and C waste combustors.**
A. The owners or operators of class II and C waste combustors must conduct performance tests:
B. Fugitive emissions from ash handling do not need to be tested more frequently than the initial test required in item A, subitem (1). If three annual performance tests for a three-year period show compliance with standards in part 7011.1225, the owner or operator may continue to conduct annual testing or may choose to conduct performance tests every 2-1/2 years, except as required by item A, subitem (3). At a minimum, a performance test must be conducted every 2-1/2 years, but no more than 30 months following the previous compliance test. If a performance test indicates noncompliance with applicable standards, the owner or operator must resume annual testing for three years for that pollutant for which noncompliance was demonstrated. If three annual performance tests for the three-year period show compliance with standards in part 7011.1225, the owner or operator may again conduct performance testing every 2-1/2 years.
C. The owner or operator of a class C waste combustor that is not burning RDF may implement testing for mercury not less than once every three years or according to federal applicable requirements, whichever is more stringent, if the facility has demonstrated that mercury emissions have been below 50 percent of the facility's permitted long-term limit for three consecutive years. However, if a mercury performance test shows mercury emissions greater than 50 percent of the facility's permitted mercury limit, the owner or operator must resume annual mercury stack sampling until emissions are below 50 percent of the facility's permitted mercury limit. Once the facility demonstrates that mercury emissions are again below 50 percent of the facility's permitted limit, the facility may resume testing every three years, upon notifying the commissioner in writing.
D. The owners or operators of waste combustors combusting RDF may choose to conduct performance tests for mercury emissions every 12 months. If a test shows that emission limits for mercury from a waste combustor combusting RDF are exceeded, the commissioner must require performance testing every three months until compliance is demonstrated.
E. For waste combustors accepting municipal solid waste, the owner or operator must complete a waste composition study every five years.
**Subp. 4. Class III and D waste combustors.**
A. The owners or operators of class III and D waste combustors must conduct performance tests:
B. The owner or operator of a class III waste combustor may implement testing for mercury not less than once every three years or according to federal applicable requirements, whichever is more stringent, if the facility has demonstrated that mercury emissions have been below 50 percent of the facility's permitted long-term limit for three consecutive years. However, if a mercury performance test shows mercury emissions greater than 50 percent of the facility's permitted mercury limit, the owner or operator must resume annual mercury stack sampling until emissions are below 50 percent of the facility's permitted mercury limit. Once the facility demonstrates that mercury emissions are again below 50 percent of the facility's permitted limit, the facility may resume testing every three years, upon notifying the commissioner in writing.
C. The owners or operators of class III and D waste combustors must complete a waste composition study every five years.
**Subp. 5. Class IV waste combustors.**
The owners or operators of class IV waste combustors must conduct performance tests:
A. once within the normal start-up;
B. every five years after the test in item A, but not more than 60 months following the initial performance test; and
C. for ash, in accordance with part 7045.0131, every 60 months for toxic characteristic leach procedure for arsenic, barium, cadmium, chromium, lead, mercury, selenium, and nickel.
**Subp. 6. Class I waste combustors.**
A. The owners or operators of class I waste combustors that are not combusting RDF must conduct performance tests for mercury emissions every three months, except that a facility may implement testing for mercury not less than once every 12 months if the facility has demonstrated that mercury emissions have been below 50 percent of the facility's permitted long-term limit for three consecutive years.
B. The owners or operators of class I waste combustors that are combusting RDF may choose to conduct performance tests for mercury every 12 months. If a test shows that an emission limit for mercury from a waste combusting RDF is exceeded, the commissioner must require testing every three months thereafter until compliance with the standard is demonstrated.
C. The owners or operators of class I waste combustors must complete a waste composition study every five years.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 2584; 22 SR 1975; 41 SR 763; 46 SR 1209*
##### **Minn. R. 7011.1272** Mercury or Pcdd/Pcdf Additive Equipment Operation, Monitoring, and Reporting {#sec-7011.1272 omnilex-key=us-mn-regs-official--agency-167--7011.1272}
**Subpart 1. Mercury or PCDD/PCDF removal equipment operation.**
A. The owner or operator of a waste combustor using additives for the control of mercury or PCDD/PCDF shall determine and record the average additive mass feed rate, in pounds-per-hour, during the initial and at each subsequent performance test for mercury or PCDD/PCDF. The owner or operator shall correlate this feed rate to an operating parameter of the additive injection system.
B. The owner or operator shall submit the calculations supporting the correlation with the results of the mercury or PCDD/PCDF performance test.
**Subp. 2. Mercury or PCDD/PCDF additive feed rate monitor.**
A. The owner or operator of a waste combustor using additives for the control of mercury or PCDD/PCDF shall install, maintain, and operate at all times a system for monitoring the additive injection system's operating parameter that is the primary indicator of the additive's mass feed rate, as determined by the requirements of subpart 1.
B. The monitored condition must equal or exceed that determined during the most recent mercury or PCDD/PCDF performance test that demonstrated compliance with the emission limit.
**Subp. 3. Record keeping and recording of additive use.**
A. The owner or operator shall maintain a record of the average additive mass feed rate for each hour of operation, as measured by the operating parameter required in subpart 2. If the operating parameter is not a direct measurement of the mass feed rate of the additive, then the record shall contain the calculations supporting the correlation between the mass feed rate and the measured operating parameter. The record shall be maintained on site in a form suitable for immediate inspection.
B. During each calendar quarter, the owner or operator shall estimate the total additive used at the waste combustor in pounds or kilograms by two independent means as described in subitems (1) and (2):
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1975*
##### **Minn. R. 7011.1275** Personnel Training {#sec-7011.1275 omnilex-key=us-mn-regs-official--agency-167--7011.1275}
**Subpart 1. General.**
Waste combustor facility personnel described in subpart 2 must complete a program of instruction and on-the-job training based on the operating manual described in subpart 3. The program must train facility personnel to maintain compliance with parts 7011.1201 to 7011.1294. Individual training shall be specific to the position held and shall, at a minimum, address the items in subpart 3.
For personnel described in subpart 2, the training program shall require:
A. initial review of the operating manual prior to assumption of any job-related activities affecting air emissions, except that those hired prior to June 20, 1994, must complete the review by June 20, 1995;
B. review of the operating manual relevant to a newly assigned position before assumption of new job-related activities affecting air emissions;
C. that those without waste combustor or boiler operation experience, initially review the operating manual and work under the direct supervision of a certified operator or a certified operator's designee before assumption of job-related activities affecting air emissions for the following duration:
D. annual review of the operating manual.
**Subp. 2. Required training.**
The training program shall train waste combustor personnel who have responsibilities which affect the operation of the waste combustor, including, but not limited to, chief facility operators, shift supervisors, operator supervisors, control room personnel, ash handlers, maintenance personnel, and crane/load handlers.
**Subp. 3. Operating manual requirements.**
The owner or operator of a waste combustor shall develop and update on a yearly basis a site specific operating manual that shall, at a minimum, address the following elements of waste combustor unit operation:
A. a summary of the applicable state rules and federal regulations to the activities described in the facility's air emissions permit;
B. a description of basic combustion theory applicable to the facility's waste combustor unit;
C. procedures for receiving, handling, and feeding solid waste;
D. waste combustor unit start-up, shutdown, and malfunction procedures;
E. procedures for maintaining proper combustion air levels;
F. procedures for operating the waste combustor within the standards established in parts 7011.1201 to 7011.1294;
G. procedures for responding to periodic upset or off-specification conditions;
H. procedures for minimizing particulate matter carryover;
I. procedures for monitoring the degree of solid waste burnout;
J. procedures for handling ash;
K. procedures for monitoring waste combustor emissions;
L. procedures for reporting and record keeping;
M. timetables and procedures for routine inspection and maintenance of equipment affecting air emissions;
N. procedures for activating communications and alarm systems; and
O. procedures to implement the facility's industrial waste management plan. The operating manual shall be kept in a location easily accessed by the personnel described in subpart 2.
**Subp. 4. Personnel identity.**
The owner or operator must maintain as a part of the operating record required by part 7011.1285, subpart 2, a record of the identity of all personnel who have received training and the number of training hours. The records shall be provided to the commissioner on demand.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975; 39 SR 386*
##### **Minn. R. 7011.1280** Operator Certification {#sec-7011.1280 omnilex-key=us-mn-regs-official--agency-167--7011.1280}
**Subpart 1. Scope.**
The commissioner shall certify a person provided the person can demonstrate the completion of:
A. ASME provisional certification as described in Standard for the Qualification and Certification of Resource Recovery Facility Operators, American Society of Mechanical Engineers (ASME) QRO-1-1994, incorporated by reference in part 7011.1205, for chief facility operators, shift supervisors, and control room operators of municipal waste combustors; or
B. the coursework and examination program set forth in subpart 3.
**Subp. 2. Required certification.**
The following personnel shall be certified through the process established in this part:
A. for Class I, II, III, A, C, or D waste combustors, the chief facility operator and shift supervisors; and
B. for Class IV waste combustors, the operator supervisor.
**Subp. 3. Requirements for operator certification.**
To be certified, a person must demonstrate the skill, knowledge, and experience necessary to operate a waste combustor, by meeting the criteria of item A or B.
A. A certified operator of a Class IV waste combustor shall:
B. A certified operator of a Class I, II, III, A, C, or D waste combustor shall comply with the requirements in subitem (1) or (2).
**Subp. 4. Certification process.**
A. Application for certification shall be made in writing on a form provided by the commissioner.
B. Within 15 days of receipt, the commissioner shall review the application for certification and determine the adequacy of the information included in the application. If the commissioner determines that additional information or documentation is necessary to assess the eligibility of the applicant, the commissioner shall notify the applicant. The application shall be considered incomplete until the applicant provides the required information.
C. The commissioner shall notify an applicant of eligibility for certification.
**Subp. 5. Examinations.**
A. The commissioner must approve an examination for the different classes of waste combustors and must not delegate this responsibility. The examination must be administered as a written closed book examination.
B. For certification of a person to operate a Class I, II, III, A, C, or D waste combustor, the examination shall be in three areas, divided as follows:
C. For certification of a person to operate a Class IV waste combustor, the examination shall be as follows:
D. A minimum grade of 70 percent shall be required to pass.
E. An applicant who fails to pass the examination shall be eligible to retake the examination whenever it is next offered by an institution approved by the commissioner.
**Subp. 6. Certificates.**
Within ten days of the examination date, the institution administering the certification examination shall provide to the commissioner a list of individuals who completed the training and those who successfully passed the examination.
The commissioner shall issue a certificate when the applicant has met all necessary conditions prescribed in subpart 1. Certificates are valid for three years.
**Subp. 7. Renewal.**
A. A certified individual shall apply for certificate renewal no later than 30 days prior to certificate expiration. The application for renewal must include evidence that the person has, during the preceding three years, earned credit for attending training courses in the direct operation and maintenance of and environmental compliance for a waste combustor, including personnel training described in part 7011.1275, for the number of hours as identified as follows:
B. If an individual applies for certificate renewal within one year following the expiration of the certificate, the individual must meet the training requirements of item A or subpart 3 at the time of application for renewal before the certificate will be renewed without an examination.
C. If an individual applies for certificate renewal more than one year following the expiration of the certificate, the individual is eligible for recertification when the individual complies with subpart 3.
**Subp. 8.**
[Repealed, 41 SR 763]
**Subp. 9. Sanctions.**
A. Criteria. The commissioner shall refuse to issue, renew, or reinstate a certificate, suspend or revoke a certificate, or use any lesser remedy against an individual for any of the following reasons:
B. Investigation. Upon receiving a signed written complaint which alleges the existence of grounds for sanctions against a certified operator, the commissioner may initiate an investigation. No revocation, suspension, or other sanction shall be imposed before notice is given to the certified operator and an opportunity for a contested case hearing is provided.
C. Procedures. Procedures for contested case hearings shall comply with the provisions of the Administrative Procedure Act, Minnesota Statutes, chapter 14.
D. Recertification. An individual whose certificate has been revoked shall not be entitled to apply for recertification until at least one year following the effective date of revocation or for any longer period of time specified in the revocation order.
E. Reinstatement after suspension. The commissioner shall reinstate a suspended certificate if the individual whose certificate has been suspended fulfills the terms of the suspension order and meets all applicable requirements of the rules for obtaining a certificate.
**Subp. 10. Certification deadlines.**
All individuals employed on June 20, 1994, who require certification as described in this part shall obtain certification by June 20, 1996, or on completion of the normal start-up of a waste combustor, whichever is later.
**Subp. 11. Record keeping.**
A waste combustor owner or operator shall maintain a record of personnel who complete either the Environmental Protection Agency municipal waste combustor operator training course, or an equivalent course. The record shall include documentation of training completion.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 2584; 22 SR 1975; 41 SR 763*
##### **Minn. R. 7011.1281** Full Operator Certification {#sec-7011.1281 omnilex-key=us-mn-regs-official--agency-167--7011.1281}
**Subpart 1. Fully certified operator defined.**
A "fully certified operator" means:
A. a person who has obtained "certified municipal waste combustor examiner" certification as described in part 7011.1282;
B. a person who has obtained both "provisional certification" and "operator certification" according to ASME QRO-1-1994, incorporated by reference in part 7011.1205; or
C. a person who is a "fully certified operator" as described in part 7011.1284.
**Subp. 2. Changes at a facility.**
If changes are made in equipment and/or operating procedures which the initial certification did not address, certificate holders shall demonstrate detailed knowledge of these changes according to the conditions of the certificate held. A change in the name or ownership of a facility shall not invalidate the operator certificate.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1975*
##### **Minn. R. 7011.1282** Certified Municipal Waste Combustor Examiner Certificate {#sec-7011.1282 omnilex-key=us-mn-regs-official--agency-167--7011.1282}
**Subpart 1. Criteria; certified municipal waste combustor examiner.**
To be certified as a certified municipal waste combustor examiner, employment claimed on the individual's application for certification must be verified by the individual's supervisor or personnel officer and the individual must:
A. hold a current certificate as defined in part 7011.1280, subpart 1;
B. document a total of 60 months satisfactory employment experience in general industry, of which 36 months were at the level of a chief facility operator or shift supervisor, as defined in part 7011.1201, subparts 8 and 44, at a municipal waste combustor;
C. be currently employed by a municipal waste combustor owner;
D. possess a bachelor degree in engineering or a related field, or a Minnesota Department of Labor and Industry boiler license of chief engineer, Grade A or B;
E. pass an oral examination as described in subpart 3; and
F. identify the waste combustor facility for which the applicant seeks certification as a certified municipal waste combustor examiner.
**Subp. 2. Certification process; certified municipal waste combustor examiner.**
A. When the commissioner determines that the applicant has submitted a complete application, and has determined that the applicant has demonstrated a satisfactory compliance history as an operator at a municipal waste combustor, the commissioner shall schedule an oral examination of the applicant.
B. The commissioner shall issue a certificate to the applicant who successfully completes the examination process of subpart 3. The certified municipal waste combustor examiner's certificate is site-specific, and is not transportable. The certificate shall expire five years after its issue date unless renewed. Each certificate shall contain the following information:
**Subp. 3. Examination; certified municipal waste combustor examiner.**
A. The commissioner shall convene a board of examiners to conduct an oral examination of a certified municipal waste combustor examiner applicant.
B. The examination for certified municipal waste combustor examiner shall:
C. The board of examiners shall evaluate applicants for certified municipal waste combustor examiner based on the applicant's technical knowledge and understanding of integrated plant operations. An applicant's responses shall be graded as pass or fail. All members of the board of examiners must pass the applicant if the certification is to be granted.
D. The board of examiners consists of three members. The three members are a member of the municipal waste combustor industry, a member who is or has been employed at a power operation facility using combustion or air pollution control technologies comparable to the facility where the applicant is employed, and a member able to discharge the functions of the board of examiners, under the conditions specified by the commissioner.
E. The commissioner may appoint additional board members if the facility for which the applicant seeks certification is complex and the commissioner determines that additional examiners will help the board determine the applicant's technical knowledge, problem-solving ability, and understanding of plant operations.
F. Additional Pollution Control Agency representatives, a representative from the facility, a representative of an industry trade group, or a member of the public shall be allowed by the commissioner to observe the examination.
**Subp. 4. Renewal.**
A. The commissioner shall issue renewal certified examiner certificates when an individual submits a written request to renew the certificate at least 30 days before the expiration of the certificate.
B. If changes are made in equipment and/or operating procedures which the initial certification did not address, the individual shall submit written evidence that the change has been made, the individual has been trained, and the on-site certification program has been amended to include the changes. The individual shall also submit evidence that the individual has, during the life of the certified municipal waste combustor operator certificate, maintained the individual's certification as required in part 7011.1280. If the individual applies for certificate renewal after the certified municipal waste combustor examiner certificate has expired, the commissioner shall schedule an examination according to part 7011.1282, subpart 3.
**Subp. 5. Sanctions.**
The conditions of part 7011.1280, subpart 9, apply to any sanctions taken by the commissioner.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 22 SR 1975; 41 SR 763*
##### **Minn. R. 7011.1283** Duties of Certified Municipal Waste Combustor Examiner {#sec-7011.1283 omnilex-key=us-mn-regs-official--agency-167--7011.1283}
A certified municipal waste combustor examiner shall be responsible for the development, implementation, monitoring, and updating of an operator certification program specific to the municipal waste combustor for which the examiner has been certified. The operator certification program shall be designed as a system of training and written and/or oral examination on the duties, knowledge, and responsibilities of municipal waste combustor unit operations, as described in the operating manual required in part 7011.1275, subpart 3. The certified examiner shall administer the examination of full operator candidates.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1975*
##### **Minn. R. 7011.1284** Fully Certified Operator {#sec-7011.1284 omnilex-key=us-mn-regs-official--agency-167--7011.1284}
**Subpart 1. Scope.**
A certified municipal waste combustor examiner may award the status of fully certified operator to an individual at a municipal waste combustor facility, provided the conditions of this part are met.
**Subp. 2. Criteria; fully certified operator.**
A. To be eligible as a fully certified operator, an individual must maintain a provisional certificate from ASME or a certificate described in part 7011.1280, and pass an examination administered by the waste combustor's certified municipal waste combustor examiner.
B. The examination shall test comprehensive understanding of the content and procedures described in the waste combustor's operating manual that is required to be prepared for the facility by part 7011.1275, subpart 3.
C. If changes are made in equipment and/or operating procedures which the initial certification did not address, certificate holders shall demonstrate to the facility's certified examiner detailed knowledge of these changes within six months after the change is made. If the demonstration of knowledge has not been made within six months, the certificate shall expire.
**Subp. 3. Record of certified operators.**
A. The waste combustor owner or operator shall maintain at the waste combustor facility for five years a record of the names of all personnel that the examiner has certified.
B. This record shall contain the examination dates, the nature or content of the examination, the full name of the individual certified, the date of certification, and the signature of the certified examiner for that facility with the following certification: "I certify under penalty of law that, based on my examination of these persons, these persons have demonstrated the knowledge and skills that qualify these persons to be fully certified operators at (name of waste combustor facility) in accordance with the procedures of Minnesota Rules, parts 7011.1280 to 7011.1284."
**Subp. 3a. Record of ASME certified operators.**
The waste combustor owner or operator shall maintain at the waste combustor facility for five years a record of the names of all personnel who have obtained provisional and/or full certification by ASME.
**Subp. 4. Reviewing records.**
The owner or operator shall allow the commissioner to review all records related to the certification of operators, including the facility's program for the examination and certification of operators, the record required in subpart 3, the content of examinations, and the results of an individual's examination.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1975*
##### **Minn. R. 7011.1285** Operating Records and Reports {#sec-7011.1285 omnilex-key=us-mn-regs-official--agency-167--7011.1285}
**Subpart 1. Scope.**
The owner or operator of a waste combustor shall maintain records and submit reports as required in this part. The owner or operator of a waste combustor required to obtain a permit under part 7007.0200, subpart 4, or 7007.0250, subpart 5, are also subject to the record-keeping and reporting requirements in part 7007.0800, subparts 5 and 6. Class A, C, I, and II waste combustors shall maintain on site all submittals required by this part as paper copies for five years. All other waste combustors shall retain records for a minimum of five years.
**Subp. 2. Daily operating record.**
The owner or operator shall maintain a daily record of the operation of the waste combustor. The record shall contain:
A. the calendar date;
B. the hours of operation;
C. the weight of solid waste combusted;
D. the weight of solid waste requiring disposal at a solid waste land disposal facility, including separated noncombustibles, excess solid waste, and ash;
E. the amount and description of industrial solid waste received each day, the generator's name, and the method of handling;
F. the measurements and determination of emissions averages as required in part 7011.1260, subpart 6;
G. results of performance tests conducted on waste combustor units as required in part 7011.1270;
H. instances of dumpstack use;
I. the names of persons who have completed initial review or subsequent annual review of the operating manual;
J. the reasons for exceeding any of the average emission rates, percent reductions, or operating parameters specified under part 7011.1260, subpart 6, item C, or the opacity limit and a description of corrective actions taken;
K. reasons for not obtaining the minimum number of hours of sulfur dioxide or nitrogen oxides emissions or operational data (carbon monoxide emissions, steam flow or alternative unit load measurement parameter as described in part 7011.1265, subpart 4a, particulate matter control device temperature) and a description of corrective actions taken;
L. the date of the calibration of all signal conversion elements associated with steam flow monitoring as required in part 7011.1265, subpart 4;
M. for waste combustors using an additive to comply with mercury or PCDD/PCDF emission limits, reasons for not maintaining the additive system operating parameter as determined in part 7011.1272, subpart 2, and descriptions of corrective actions taken; and
N. for waste combustors using an additive to comply with mercury or PCDD/PCDF emission limits, reasons for not maintaining the additive mass feed rates as determined in part 7011.1272, subpart 1, and descriptions of corrective actions taken.
**Subp. 3. Quarterly reports.**
The owner or operator of a class I, II, III, A, C, or D waste combustor shall submit quarterly reports to the commissioner within 30 days after the quarter ending December 30, March 30, June 30, and September 30 of each year. The quarterly report may be submitted as a bound, paper copy or in an alternative format such as computer disk or CD-ROM. The commissioner shall accept the submittal in the alternative format provided that the commissioner has given prior approval for the use of the alternative format in order that compatibility between the software and hardware configurations of the commissioner and the owner or operator of the waste combustor can be assured. The report shall contain the following items:
A. calendar date;
B. sulfur dioxide, nitrogen oxide, and carbon monoxide emissions, the maximum waste combustor unit load level, and particulate matter control device temperatures as recorded by part 7011.1260, subpart 6, item C, and the daily maximum opacity reading as recorded by part 7011.1260, subpart 6, item B, subitem (1). The facility may choose to provide this information in tabular or graphic form. The graphs shall be prepared as follows:
C. instances of dumpstack use;
D. the identification of operating days when any of the average emission concentrations, percent reductions, operating parameters specified under part 7011.1260, subpart 6, item C, or 7011.1272, subpart 2, or the opacity level exceeded the applicable limits. The report shall include the emission levels recorded during the exceedance, reasons for such exceedances as well as a description of corrective actions taken;
E. the percent of the operating time for the quarter that the opacity CEMS was operating and collecting valid data;
F. the identification of operating days for which the minimum number of hours that emission concentrations, percent reductions, operating parameters specified under part 7011.1260, subpart 6, item C, or 7011.1272, subpart 2, or the opacity level have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken;
G. the results of daily sulfur dioxide, nitrogen oxides, and carbon monoxide CEMS drift tests and accuracy assessments as required in part 7011.1260, subpart 5;
H. the information required in subpart 2, items C, D, and E, summarized to reflect quarterly totals;
I. a compliance certification as required in part 7007.0800, subpart 6, item D; and
J. if an additive is used to comply with mercury or PCDD/PCDF emission limits, the total additive used during the calendar quarter, as specified in part 7011.1272, subpart 3, item B, with supporting calculations.
**Subp. 4. Annual reports.**
By April 30 of each year, the owner or operator of a class IV waste combustor shall submit the following information to the commissioner in an annual report:
A. the information required in subpart 2 summarized to reflect annual totals;
B. a summary report of any excess emissions that occurred during the year; and
C. a compliance certification as required in part 7007.0800, subpart 6, item D.
**Subp. 4a.**
[Repealed, 22 SR 1975]
**Subp. 5. Initial compliance report.**
Following the initial compliance test as required under part 7011.1270, the owner or operator of a waste combustor shall submit the initial compliance test data, the performance evaluation of the CEMS using the applicable performance specifications in part 7017.1070, subpart 1, and the maximum demonstrated capacity and particulate matter control device temperature established during the PCDD/PCDF testing.
**Subp. 6. Performance test reports.**
The owner or operator shall submit a report containing the results of performance tests conducted to determine compliance with waste combustor unit emission limits whenever performance testing is conducted. The report shall be submitted according to the conditions of part 7017.2035.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 2584; 22 SR 1975; 23 SR 1764*
##### **Minn. R. 7011.1290** [Repealed, 39 SR 386] {#sec-7011.1290 omnilex-key=us-mn-regs-official--agency-167--7011.1290}
[Repealed, 39 SR 386]
##### **Minn. R. 7011.1291** Incorporation by Reference; New Source Performance Standards; Large Municipal Waste Combustors {#sec-7011.1291 omnilex-key=us-mn-regs-official--agency-167--7011.1291}
**Subpart 1. Incorporation by reference.**
Code of Federal Regulations, title 40, part 60, subpart Eb, as amended, entitled "Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996," is incorporated by reference.
**Subp. 2. Exceeding emission limits.**
Owners and operators of a new large municipal waste combustor must comply with part 7011.1340.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.1292** Incorporation by Reference; New Source Performance Standards; Hospital/Medical/Infectious Waste Incinerators {#sec-7011.1292 omnilex-key=us-mn-regs-official--agency-167--7011.1292}
**Subpart 1. Incorporation by reference.**
Code of Federal Regulations, title 40, part 60, subpart Ec, as amended, entitled "Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators," is incorporated by reference.
**Subp. 2. Exceeding emission limits.**
Owners and operators of a new hospital/medical/infectious waste incinerator must comply with part 7011.1340.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.1293** Incorporation by Reference; New Source Performance Standards; Small Municipal Waste Combustors {#sec-7011.1293 omnilex-key=us-mn-regs-official--agency-167--7011.1293}
**Subpart 1. Incorporation by reference.**
Code of Federal Regulations, title 40, part 60, subpart AAAA, as amended, entitled "Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001" is incorporated by reference.
**Subp. 2. Exceeding emission limits.**
Owners and operators of a new small municipal waste combustor must comply with part 7011.1340.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386*
##### **Minn. R. 7011.1294** Incorporation by Reference; New Source Performance Standards; Other Solid Waste Incineration Units {#sec-7011.1294 omnilex-key=us-mn-regs-official--agency-167--7011.1294}
**Subpart 1. Incorporation by reference.**
Code of Federal Regulations, title 40, part 60, subpart EEEE, as amended, entitled "Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006," is incorporated by reference.
**Subp. 2. Exceeding emission limits.**
Owners and operators of a new other solid waste incineration unit must comply with part 7011.1340.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.1295** Incorporation by Reference; Federal Plan Requirements for Small Municipal Waste Combustor Units {#sec-7011.1295 omnilex-key=us-mn-regs-official--agency-167--7011.1295}
**Subpart 1. Incorporation by reference.**
Code of Federal Regulations, title 40, part 62, subpart JJJ, as amended, entitled "Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999," is incorporated by reference.
**Subp. 2. Exceeding emission limits.**
Owners and operators of a small municipal waste combustor unit must comply with part 7011.1340.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 46 SR 1209*
##### **Minn. R. 7011.1299** Incorporation by Reference; New Source Performance Standards; Incinerators {#sec-7011.1299 omnilex-key=us-mn-regs-official--agency-167--7011.1299}
Code of Federal Regulations, title 40, part 60, subpart E, as amended, entitled "Standards of Performance for Incinerators," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904*
##### **Minn. R. 7011.1300** Definitions {#sec-7011.1300 omnilex-key=us-mn-regs-official--agency-167--7011.1300}
**Subpart 1. Scope.**
As used in parts 7011.1300 to 7011.1325, the following words shall have the meanings defined herein.
**Subp. 2. Burning capacity.**
"Burning capacity" means the manufacturer's or designer's maximum rate or such other rate that is considered good engineering practice and accepted by the commissioner.
**Subp. 3. Sewage sludge incinerator.**
"Sewage sludge incinerator" means any furnace or other device used in the process of burning sludge produced by a sewage treatment facility.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7011.1305** Standards of Performance for Existing Sewage Sludge Incinerators {#sec-7011.1305 omnilex-key=us-mn-regs-official--agency-167--7011.1305}
No owner or operator of an existing sewage sludge incinerator shall allow to be discharged into the atmosphere from the sewage sludge incinerator any gases that:
A. contain filterable particulate matter in excess of 0.3 gr/dscf corrected to 12 percent CO2 if the incinerator has a burning capacity of less than 200 pounds per hour;
B. contain filterable particulate matter in excess of 0.2 gr/dscf corrected to 12 percent CO2 if the incinerator has a burning capacity of 200 to 2,000 pounds per hour;
C. contain filterable particulate matter in excess of 0.1 gr/dscf corrected to 12 percent CO2 if the incinerator has a burning capacity of greater than 2,000 pounds per hour. No owner or operator of an existing sewage sludge incinerator shall cause to be discharged into the atmosphere from the incinerator any gases that exhibit greater than 20 percent opacity, except for one six-minute period per hour of not more than 33 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods during which the average opacity exceeds 33 percent. No owner or operator of an existing sewage sludge incinerator shall operate the incinerator unless the incinerator uses auxiliary fuel burners that maintain a minimum temperature of 1,200 degrees Fahrenheit for a minimum retention time of 0.3 second or other method of odor control as approved by the commissioner. For the purposes of this part, "existing sewage sludge incinerator" means a sewage sludge incinerator on which construction, modification, or reconstruction did not commence after June 11, 1973.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 22 SR 1237; 23 SR 145; 41 SR 763*
##### **Minn. R. 7011.1310** Standards of Performance for New Sewage Sludge Incinerators {#sec-7011.1310 omnilex-key=us-mn-regs-official--agency-167--7011.1310}
No owner or operator of a new sewage sludge incinerator shall allow to be discharged into the atmosphere from the incinerator any gases that:
A. contain filterable particulate matter in excess of 0.65 g/kg dry sludge input (1.30 lb/ton dry sludge input); or
B. exhibit 20 percent opacity or greater. No owner or operator of a new sewage sludge incinerator shall operate the incinerator unless the incinerator uses auxiliary fuel burners that maintain a minimum temperature of 1,200 degrees Fahrenheit for a minimum retention time of 0.3 second or other method of odor control as approved by the commissioner. For the purposes of this part, "new sewage sludge incinerator" means a sewage sludge incinerator on which construction, modification, or reconstruction commenced after June 11, 1973.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 22 SR 1237; 41 SR 763*
##### **Minn. R. 7011.1315** Monitoring Operations {#sec-7011.1315 omnilex-key=us-mn-regs-official--agency-167--7011.1315}
The owner or operator of any sewage sludge incinerator shall:
A. install, calibrate, maintain, and operate a flow measuring device which can be used to determine either the mass or volume of sludge charged to the incinerator. The flow measuring device shall have an accuracy of plus or minus five percent over its operating range; and
B. provide access to the sludge charged so that a well-mixed representative grab sample of the sludge can be obtained.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.1320** Performance Test Methods {#sec-7011.1320 omnilex-key=us-mn-regs-official--agency-167--7011.1320}
Unless another method is approved by the commissioner, an owner or operator required to submit performance tests for a sewage sludge incinerator must use the following test methods to demonstrate compliance:
A. Method 1 for sample and velocity traverses;
B. Method 2 for volumetric flow rate;
C. Method 3 for gas analysis; and
D. Method 5 for concentration of filterable particulate matter and associated moisture content.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.1325** Performance Test Procedures {#sec-7011.1325 omnilex-key=us-mn-regs-official--agency-167--7011.1325}
**Subpart 1. In general.**
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Sampling time for Method 5.**
For Method 5, the sampling time for each run shall be at least 60 minutes and the sampling rate shall be at least 0.015 dscm/min (0.53 dscf/min), except that shorter sampling times, when necessitated by process variables or other factors, may be approved by the commissioner.
**Subp. 3. Dry sludge charging rate.**
Dry sludge charging rate shall be determined as follows:
A. Determine the mass (Sm) or volume (Sv) of sludge charged to the incinerator during each run using a flow measuring device meeting the requirements of part 7011.1315, item A. If total input during a run is measured by a flow measuring device, such readings shall be used. Otherwise, record the flow measuring device readings at five-minute intervals during a run. Determine the quantity charged during each interval by averaging the flow rates at the beginning and end of the interval and then multiplying the average for each interval by the time for each interval. Then add the quantity for each interval to determine the total quantity charged during the entire run, (Sm) or (Sv).
B. Collect samples of the sludge charged to the incinerator in nonporous collecting jars at the beginning of each run and at approximately one-hour intervals thereafter until the test ends, and determine for each sample the dry sludge content (total solids residue) in accordance with "224 G. Method for Solid and Semisolid Samples," Standard Methods for the Examination of Water and Wastewater, Thirteenth Edition, American Public Health Association, Inc., New York, N.Y., 1971, pp. 539-41, except that:
C. Determine the quantity of dry sludge per unit sludge charged in terms of either Rdv or Rdm:
**Subp. 4. Particulate emission rate.**
Particulate emission rate shall be determined by:
Caw = CsQ3 (metric or English units)
where:
Caw = Particulate matter mass emissions, mg/hr (English units: lb/hr).
Cs = Particulate matter concentration, mg/m3 (English units: lb/dscf).
Qs = Volumetric stack gas flow rate, dscm/hr (English units: dscf/hr). Qs and cs shall be determined using methods 2 and 5, respectively.
**Subp. 5. Compliance with standards.**
Compliance with part 7011.1310 shall be determined as follows:
or
where:
Cds = particulate emission discharge, g/kg dry sludge (English units: lb/ton dry sludge).
10-3 = Metric conversion factor, g/mg.
2,000 = English conversion factor, lb/ton.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 18 SR 1412*
##### **Minn. R. 7011.1340** Emission Limits; Exceedance Requirements {#sec-7011.1340 omnilex-key=us-mn-regs-official--agency-167--7011.1340}
**Subpart 1. Applicability.**
The owners or operators of an emissions unit subject to parts 7011.1291, 7011.1292, 7011.1293, 7011.1294, 7011.1295, 7011.1350, 7011.1355, 7011.1360, and 7011.1370 must comply with this part.
**Subp. 2. Definitions.**
The terms used in this part have the meanings given them in this subpart.
A. "Accurate and valid data" means data that provides the measurement of emissions of an air contaminant from the incinerator or of operating parameters of a component of the incinerator. For continuously monitored emissions, data is accurate and valid immediately upon recording. For emissions for which a performance test is conducted, data is accurate and valid 14 days after the incinerator owners or operators receive the performance test report, unless the incinerator owners or operators notify the commissioner in writing within the same 14 days that the owners or operators can show reason for rejecting the data.
B. "Normal start-up" means the period of time between the initial start-up of a new, modified, retrofitted, or reconstructed emissions unit of an incinerator or an emissions unit of an incinerator that is modified, retrofitted, or reconstructed to meet the requirements of parts 7011.1360 to 7011.1370 and the lesser of 60 days after achieving the maximum production rate at which the emissions unit will operate or 180 days after initial start-up.
**Subp. 3. Exceeding continuously monitored emission limits.**
If, after normal start-up, accurate and valid data results collected from continuous emission monitors exceed emission limits established in part 7011.1350, item B; 7011.1355, subpart 2; 7011.1365; or 7011.1370, subpart 1, or in the permit for the incinerator, the incinerator owner or operator must:
A. report the exceedance to the commissioner as soon as reasonably possible, giving consideration to matters of plant or worker safety or access to communications;
B. commence appropriate repairs or modifications to return the incinerator to compliance within 72 hours of the exceedance;
C. shut down the incinerator if the modification or repairs cannot be completed within 72 hours of the exceedance; and
D. when repairs or modifications have been completed, demonstrate to the commissioner that the incinerator is in compliance. The incinerator may be started up after the owner or operator has notified the commissioner in writing of the date the owner or operator plans to start up the incinerator. Notification must be given at least 24 hours before resuming operation. Compliance is demonstrated by providing to the commissioner written results from the continuous monitor showing compliance with the emission limits.
**Subp. 4. Exceedance determined by performance testing.**
A. If, after normal start-up, accurate and valid data results of a performance test demonstrate an exceedance of an emissions limit established in part 7011.1355, subpart 2; 7011.1365; or 7011.1370, subpart 1, or in the facility air emissions permit, the owners or operators of an incinerator must:
B. If shutdown was required under item A, subitem (3), the owner or operator may restart the incinerator under the conditions specified by the commissioner. The owners or operators must notify the commissioner in writing of the date on which the owners or operators plan to start up and to begin compliance testing. Notification must be received at least ten days in advance of the compliance test date.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 46 SR 1209*
##### **Minn. R. 7011.1350** Incorporation by Reference; New Source Performance Standards; Sewage Sludge Incinerators {#sec-7011.1350 omnilex-key=us-mn-regs-official--agency-167--7011.1350}
**Subpart 1. Incorporation by reference.**
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart O, as amended, entitled "Standards of Performance for Sewage Treatment Plants," is incorporated by reference; and
B. Code of Federal Regulations, title 40, part 60, subpart LLLL, as amended, entitled "Standards of Performance for New Sewage Sludge Incineration Units," is incorporated by reference.
**Subp. 2. Exceeding emission limits.**
Owners and operators of a new sewage sludge incineration unit must comply with part 7011.1340.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.1355** Incorporation by Reference; Emission Guidelines and Compliance Times; Existing Sewage Sludge Incinerator Units {#sec-7011.1355 omnilex-key=us-mn-regs-official--agency-167--7011.1355}
**Subpart 1. Applicability.**
The owners or operators of each sewage sludge incineration unit as defined in Code of Federal Regulations, title 40, section 60.5250, for which construction commenced on or before October 14, 2010, must comply with this part, except:
A. combustion units that incinerate sewage sludge, as defined under Code of Federal Regulations, title 40, section 60.5250, and are not located at a wastewater treatment facility designed to treat domestic sewage sludge are exempt from this part. The owners or operators of the combustion unit must notify the United States Environmental Protection Agency and the commissioner of an exemption claim under this item;
B. if the owners or operators of a sewage sludge incineration unit make changes that meet the definition of modification incorporated in subpart 2 after September 21, 2011:
C. physical or operational changes made to a sewage sludge incineration unit for which construction commenced on or before September 21, 2011, primarily to comply with this part:
**Subp. 2. Incorporation by reference of federal emission guidelines and compliance times for existing sewage sludge incinerators.**
A. The following requirements from Code of Federal Regulations, title 40, part 60, subpart MMMM, as amended, entitled "Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units," are incorporated by reference:
B. For purposes of this subpart, the terms used in Code of Federal Regulations, title 40, sections 60.5085 to 60.5250, are defined as follows:
**Subp. 3. Exceeding emission limits.**
Owners and operators of an existing sewage sludge incinerator must comply with part 7011.1340.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.1360** Existing Commercial and Industrial Solid Waste Incinerators; Compliance Requirements {#sec-7011.1360 omnilex-key=us-mn-regs-official--agency-167--7011.1360}
**Subpart 1. Applicability.**
Except as provided in items A to K, the owners or operators of a commercial or industrial solid waste incineration unit as defined in Code of Federal Regulations, title 40, section 60.2875, that commenced construction on or before June 4, 2010, or modification or reconstruction on or before August 7, 2013, must comply with this part and part 7011.1365. The following units are not commercial and industrial solid waste incineration units:
A. pathological waste units, provided that the owner or operator complies with the notification and record-keeping requirements of Code of Federal Regulations, title 40, section 60.2555;
B. units subject to Code of Federal Regulations, title 40, part 60, subparts Ea, Eb, Cb, AAAA, and BBBB, standards of performance for existing or new municipal waste combustors or a federal plan for municipal waste incinerators;
C. units subject to Code of Federal Regulations, title 40, part 60, subpart Ec or Ce, standards of performance for existing or new medical waste incinerators or a federal plan for medical waste incinerators;
D. small power production units, if:
E. cogeneration facility units, if:
F. hazardous waste incineration units that are required to obtain a permit under section 3005 of the Solid Waste Disposal Act, United States Code, title 42, section 6925;
G. material recovery units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters;
H. air curtain incinerators, as defined under Code of Federal Regulations, title 40, section 60.2875, provided that the incinerators meet the requirements of Code of Federal Regulations, title 40, sections 60.2810 to 60.2870, and burn only 100 percent wood waste, 100 percent clean lumber, or 100 percent mixture of clean lumber, wood waste, or yard waste;
I. sewage treatment plants with incinerators subject to Code of Federal Regulations, title 40, part 61, subpart O;
J. sewage sludge incinerators subject to Code of Federal Regulations, title 40, part 60, subpart LLLL or MMMM; and
K. other solid waste incinerators subject to Code of Federal Regulations, title 40, part 60, subpart EEEE or FFFF.
**Subp. 2. Compliance deadline.**
The owners or operators of a commercial or industrial solid waste incinerator shall demonstrate compliance with part 7011.1365 no later than March 16, 2016, or three years after the United States Environmental Protection Agency approves a 111(d) plan incorporating this part, whichever is earlier. Commercial and industrial solid waste incinerators operating on September 29, 2014, shall submit a control plan to the commissioner within 180 days after September 29, 2014.
**Subp. 3. Modifications.**
If the owners or operators of a commercial or industrial solid waste incineration unit make changes after June 4, 2010, that meet the definition of modification in Code of Federal Regulations, title 40, section 60.2875:
A. the commercial or industrial solid waste incineration unit becomes subject to part 7011.1370; and
B. this part no longer applies to the commercial or industrial solid waste incineration unit.
**Subp. 4. Physical or operational changes.**
Physical or operational changes made by owners or operators to a commercial or industrial solid waste incineration unit for which construction commenced on or before June 4, 2010, or reconstruction or modification commenced on or before August 7, 2013, to comply with this part:
A. are not considered modifications or reconstructions; and
B. do not result in a commercial or industrial solid waste incineration unit becoming subject to part 7011.1370.
**Subp. 5. Exceeding emission limits.**
Owners and operators of a commercial or industrial solid waste incineration unit must comply with part 7011.1340.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386*
##### **Minn. R. 7011.1365** Incorporation by Reference; Emission Guidelines and Compliance Times; Existing Commercial and Industrial Solid Waste Incinerators {#sec-7011.1365 omnilex-key=us-mn-regs-official--agency-167--7011.1365}
Code of Federal Regulations, title 40, part 60, subpart DDDD, as amended, entitled "Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units," is incorporated by reference with the following exceptions:
A. sections 60.2500 to 60.2570 are not incorporated by reference;
B. the deadlines for each increment of progress provided for in Table 1 of Code of Federal Regulations, title 40, part 60, subpart DDDD, are:
C. owners or operators of commercial and industrial solid waste incineration units that do not hold Title V operating permits must submit an application for a Title V permit by September 29, 2015; and
D. "you" means the owner or operator of an affected commercial and industrial solid waste incineration unit.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.1370** Incorporation by Reference; New Source Performance Standards; New Commercial and Industrial Solid Waste Incinerators {#sec-7011.1370 omnilex-key=us-mn-regs-official--agency-167--7011.1370}
**Subpart 1. Incorporation by reference.**
Code of Federal Regulations, title 40, part 60, subpart CCCC, as amended, entitled "Standards of Performance for Commercial and Industrial Solid Waste Incineration Units," is incorporated by reference.
**Subp. 2. Exceeding emission limits.**
Owners and operators of a new commercial or industrial solid waste incinerator must comply with part 7011.1340.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.1400** Definitions Applicable to Petroleum Refineries {#sec-7011.1400 omnilex-key=us-mn-regs-official--agency-167--7011.1400}
**Subpart 1. Scope.**
The definitions in this part apply to parts 7011.1400 to 7011.1430.
**Subp. 2. Coke burn-off.**
"Coke burn-off" means the coke removed from the surface of the fluid catalytic cracking unit catalyst by combustion in the catalyst regenerator. The rate of coke burn-off is calculated by the formula in part 7011.1430, subpart 5.
**Subp. 2a. Existing.**
"Existing" means equipment on which construction, modification, or reconstruction did not begin after June 11, 1973.
**Subp. 3. Fossil fuel.**
"Fossil fuel" means natural gas, petroleum, coal, and wood and any form of solid, liquid, or gaseous fuel derived from such materials.
**Subp. 4. Fuel gas.**
"Fuel gas" means any gas that is generated by a petroleum refinery process unit and that is combusted, including any gaseous mixture of a natural gas and fuel gas that is combusted.
**Subp. 5. Fuel gas combustion device.**
"Fuel gas combustion device" means any equipment, such as process heaters, boilers, and flares, used to combust fuel gas but does not include fluid coking units and fluid catalytic cracking unit incinerator-waste heat boilers or facilities in which gases are combusted to produce sulfur or sulfuric acid.
**Subp. 6. Heat input.**
"Heat input" means the number of Btu per hour (cal/hr) determined by multiplying the high heating value (Btu/lb) (cal/gm) of each fossil fuel or fuel gas that is fired in the indirect heating equipment or fuel gas combustion device (at the time of determining the heat input) times the rate of each fuel burned (lb/hr) (gm/hr).
**Subp. 7. High heating value.**
"High heating value" means the number of (Btu/lb) (cal/gm) of a fossil fuel as determined by the A.S.T.M. test methods described in part 7011.0500, subpart 8.
**Subp. 8. Indirect heating equipment.**
"Indirect heating equipment" means a furnace, boiler, or other unit of combustion equipment used in burning fossil fuel to produce steam, hot water, hot air, or other hot liquid, gas, or solid, where the products of combustion do not have direct contact with the heated medium. Indirect heating equipment includes all fuel gas combustion devices that burn a liquid or solid fossil fuel but does not include fluid catalytic cracking unit incinerator-waste heat boilers, fluid coking units, or facilities in which gases are combusted to produce sulfur or sulfuric acid.
**Subp. 8a. New.**
"New" means equipment on which construction, modification, or reconstruction began after June 11, 1973.
**Subp. 9. Petroleum.**
"Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale, and coal.
**Subp. 10. Petroleum refinery.**
"Petroleum refinery" means a facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oil, lubricants, or other products by distilling petroleum or by redistilling, cracking, or reforming unfinished petroleum derivatives. Petroleum refinery includes fluid catalytic cracking unit catalyst regenerators, fluid catalytic cracking unit incinerator-waste heat boilers, fuel gas combustion devices, and all indirect heating equipment associated with the refinery.
**Subp. 11. Process gas.**
"Process gas" means any gas generated by a petroleum refinery process unit, except fuel gas.
**Subp. 12.**
[Repealed, 41 SR 763]
**Subp. 13. Refinery process unit.**
"Refinery process unit" means any segment of the petroleum refinery in which a specific processing operation is conducted.
**Subp. 14. Steam generating unit.**
"Steam generating unit" means indirect heating equipment used to produce steam.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.1405** Performance Standards; Existing Affected Facilities at Petroleum Refineries {#sec-7011.1405 omnilex-key=us-mn-regs-official--agency-167--7011.1405}
**Subpart 1. Fluid catalytic cracking unit catalyst regenerator and incinerator-waste heat boiler.**
No owner or operator of an existing fluid catalytic cracking unit catalyst regenerator or its incinerator-waste heat boiler at a petroleum refinery shall allow to be discharged into the atmosphere from the regenerator or its incinerator-waste heat boiler any gases that:
A. contain filterable particulate matter in excess of 10.0 lb/1000 lb (10.0 kg/1000 kg) of coke burn-off in the catalyst regenerator; or
B. exhibit greater than 30 percent opacity, except that 30 percent opacity may be exceeded for one six-minute period in any one-hour period. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 30 percent. If auxiliary liquid or solid fossil fuels are burned in the fluid catalytic cracking unit incinerator-waste heat boiler, particulate matter in excess of that permitted by item A may be emitted provided that the incremental rate of particulate emissions shall not exceed 0.4 pounds per million Btu (0.72 grams per million cal) of heat input attributable to such liquid or solid fossil fuel.
**Subp. 2. Fuel gas combustion device and indirect heating equipment.**
Flares subject to the conditions of Code of Federal Regulations, title 40, part 60, subpart Ja, are not subject to the limits of this subpart. No owner or operator of existing fuel gas combustion devices and indirect heating equipment at a petroleum refinery shall cause to be discharged into the atmosphere from such devices and equipment any gases which contain sulfur dioxide in excess of 1.75 pounds per million Btu (3.15 grams per million cal) heat input. The total emissions of sulfur dioxide from all existing fuel gas combustion devices and all indirect heating equipment shall be divided by the total heat input of all such devices and equipment to determine compliance with this section; provided that no owner or operator shall cause to be discharged from any one fuel gas combustion device or any one unit of indirect heating equipment any gases which contain sulfur dioxide in excess of 3.0 pounds per million Btu (5.4 grams per million cal) heat input.
**Subp. 3. Indirect heating equipment.**
The standards of performance in parts 7011.0500 to 7011.0530 for indirect heating equipment do not apply to indirect heating equipment at a petroleum refinery. Only the standards of performance for indirect heating equipment in this part apply to indirect heating equipment. No owner or operator of existing indirect heating equipment at a petroleum refinery shall allow to be discharged into the atmosphere from the equipment any gases that:
A. contain filterable particulate matter in excess of 0.4 pounds per million Btu (0.72 grams per million cal) heat input; or
B. exhibit greater than 20 percent opacity, except for one six-minute period per hour of not more than 60 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods during which the average opacity exceeds 60 percent.
**Subp. 4.**
[Repealed, 44 SR 1030]
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 22 SR 1237; 23 SR 145; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.1410** Performance Standards; New Affected Facilities at Petroleum Refineries {#sec-7011.1410 omnilex-key=us-mn-regs-official--agency-167--7011.1410}
**Subpart 1. Fluid catalytic cracking unit catalyst regenerator and incinerator-waste heat boiler.**
No owner or operator of a new fluid catalytic cracking unit catalyst regenerator or its incinerator-waste heat boiler at a petroleum refinery shall allow to be discharged into the atmosphere from the regenerator or incinerator-waste heat boiler any gases that:
A. contain filterable particulate matter in excess of 1.0 lb/1000 lb (1.0 kg/1000 kg) of coke burn-off in the catalyst regenerator; or
B. exhibit greater than 30 percent opacity, except that 30 percent opacity may be exceeded for one six-minute period in any one-hour period. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 30 percent. If auxiliary liquid or solid fossil fuels are burned in the fluid catalytic cracking unit incinerator-waste heat boiler, particulate matter in excess of that permitted by item A may be emitted provided that the incremental rate of particulate emissions shall not exceed 0.1 pound per million Btu of heat input attributable to such liquid or solid fossil fuel. No owner or operator of a new fluid catalytic cracking unit catalyst regenerator at a petroleum refinery shall cause to be discharged into the atmosphere from such regenerator any gases which contain carbon monoxide in excess of 0.050 percent by volume.
**Subp. 2. Fuel gas combustion device.**
Flares subject to the conditions of Code of Federal Regulations, title 40, part 60, subpart Ja, are not subject to the limits of this subpart. No owner or operator of a new fuel gas combustion device at a petroleum refinery shall burn in any such device any fuel gas which contains H2S in excess of 0.10 gr/dscf, (230 mg/dscm) except as provided herein. The owner or operator may elect to treat the gases resulting from the combustion of fuel gas in a manner which limits the release of SO2to the atmosphere if it is shown to the satisfaction of the commissioner that this prevents SO2 emissions as effectively as compliance with the H2S restriction set forth above.
**Subp. 3. Indirect heating equipment.**
The standards of performance in parts 7011.0500 to 7011.0530 for indirect heating equipment do not apply to indirect heating equipment at a petroleum refinery. Only the standards of performance for indirect heating equipment in this subpart apply to indirect heating equipment.
A. No owner or operator of new indirect heating equipment at a petroleum refinery shall cause to be discharged into the atmosphere from such equipment any gases which contain sulfur dioxide in excess of 1.75 pounds per million Btu (3.15 grams per million cal) heat input. The total emissions of sulfur dioxide from all existing and new fuel gas combustion devices and indirect heating equipment shall be divided by the total heat input of all such devices and equipment to determine compliance with this part; provided that no owner or operator shall cause to be discharged from any one unit of new indirect heating equipment any gases which contain sulfur dioxide in excess of 3.0 pounds per million Btu (5.4 grams per million cal) heat input.
B. No owner or operator of new indirect heating equipment at a petroleum refinery shall allow to be discharged into the atmosphere from the equipment any gases that:
C. The owner or operator of a new steam generating unit of more than 250 million Btu per hour (63 million cal per hour) heat input at a petroleum refinery shall comply with the following requirements:
**Subp. 4.**
[Repealed, 44 SR 1030]
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 22 SR 1237; 23 SR 145; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.1415** [Repealed, 41 SR 763] {#sec-7011.1415 omnilex-key=us-mn-regs-official--agency-167--7011.1415}
[Repealed, 41 SR 763]
##### **Minn. R. 7011.1420** Emission Monitoring {#sec-7011.1420 omnilex-key=us-mn-regs-official--agency-167--7011.1420}
**Subpart 1. Fluid catalytic cracking unit catalyst regenerators.**
Fluid catalytic cracking unit catalyst regenerators:
A. Opacity.
B. Coke burn-off. The average coke burn-off rate (thousands of pounds per hour or thousands of kilograms per hour) and hours of operation of any fluid catalytic cracking unit catalyst regenerator shall be recorded daily.
**Subp. 2. Fuel gas combustion devices.**
Fuel gas combustion devices:
A. Sulfur dioxide.
B. Hydrogen sulfide. The owner or operator of a new fuel gas combustion device at a petroleum refinery may elect to install a continuous monitoring system for the measurement of hydrogen sulfide in the fuel gas instead of the sulfur dioxide monitor described in item A. The owner or operator shall notify the commissioner in writing of such election. The owner or operator who elects to install the hydrogen sulfide monitor shall not be required to do so until monitoring requirements for such a system are promulgated; provided, however, the commissioner may require the installation of a sulfur dioxide monitor under the provisions of part 7017.1006.
**Subp. 3. Incinerator waste heat boilers.**
The owner or operator of any fluid catalytic cracking unit catalyst regenerator at a petroleum refinery which utilizes an incinerator-waste heat boiler to combust the exhaust gases from the catalyst regenerator shall record daily the rate of combustion of liquid or solid fossil fuels (gallons per hour or liters per hour, pounds per hour or kilograms per hour) and the hours of operation during which liquid or solid fossil fuels are combusted in the incinerator-waste heat boiler.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 23 SR 1764*
##### **Minn. R. 7011.1425** Performance Test Methods {#sec-7011.1425 omnilex-key=us-mn-regs-official--agency-167--7011.1425}
**Subpart 1. In general.**
Unless another method is approved by the commissioner, a person required to submit performance tests for a petroleum refinery must use the test methods in this part to demonstrate compliance.
**Subp. 2. Gases released to atmosphere from fluid catalytic cracking unit catalyst regenerator.**
For gases released to the atmosphere from the fluid catalytic cracking unit catalyst regenerator:
A. Method 1 for sample and velocity traverses;
B. Method 2 for velocity and volumetric flow rate;
C. Method 5 for the concentration of filterable particulate matter and moisture content;
D. Method 9 for visual determination of the opacity of emissions from stationary sources;
E. Method 10 for carbon monoxide.
**Subp. 3. Exhaust gases.**
For exhaust gases from the fluid catalytic cracking unit catalyst regenerator prior to the emission control system:
A. Method 1 for sample and velocity traverses;
B. Method 2 for velocity and volumetric flow rate;
C. Method 3 for gas analysis;
D. Method 4 for moisture content.
**Subp. 4. Determining concentration.**
For determining the concentration of H2S in any fuel gas, Method 11 shall be used.
**Subp. 5. Gases to atmosphere from combustion.**
For gases released to the atmosphere from the combustion of fuel gas, fossil fuel, and the combination of fuel gas and fossil fuel:
A. Method 1 for sample and velocity traverses;
B. Method 2 for velocity and volumetric flow rate;
C. Method 5 for the concentration of filterable particulate matter and moisture content;
D. Method 6 for concentration of SO2;
E. Method 9 for visual determination of the opacity of emissions from stationary sources.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.1430** Performance Test Procedures {#sec-7011.1430 omnilex-key=us-mn-regs-official--agency-167--7011.1430}
**Subpart 1. In general.**
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Sampling time.**
For Method 5, the sampling time for each run shall be at least 60 minutes and the sampling rate shall be at least 0.015 dscm (0.53 dscf/min), except that shorter sampling times may be approved by the commissioner when process variable or other factors preclude sampling for at least 60 minutes.
**Subp. 3. Extraction rate.**
For Method 10, the sample shall be extracted at a rate proportional to the gas velocity at a sampling point near the centroid of the duct. The sampling time shall not be less than 60 minutes.
**Subp. 4. Introducing gases into sampling train.**
For Method 11, when refinery fuel gas lines are operating at pressures substantially above atmospheric, the gases sampled must be introduced into the sampling train at approximately atmospheric pressure. This may be accomplished with a flow control valve. If the line pressure is high enough to operate the sampling train without a vacuum pump, the pump may be eliminated from the sampling train. The sample shall be drawn from a point near the centroid of the fuel gas line. The minimum sampling time shall be ten minutes and the minimum sampling volume 0.01 dscm (0.35 dscf) for each sample. The arithmetic average of two samples shall constitute one run. Samples shall be taken at approximately one-hour intervals. For most fuel gases, sample times exceeding 20 minutes may result in depletion of the collecting solution, although fuel gases containing low concentrations of hydrogen sulfide may necessitate sampling for longer periods of time.
**Subp. 5. Sampling to determine SO2 concentration.**
The sampling site for determining SO2 concentration by Method 6 shall be the same as for determining volumetric flow rate by Method 2. The sampling point in the duct for determining SO2 concentration by Method 6 shall be at the centroid of the cross section if the cross sectional area is less than 5 m2 (54 ft2) or at a point no closer to the walls than 1 meter (39 inches) if the cross sectional area is 5 m2 or more and the centroid is more than one meter from the wall. The sample shall be extracted at a rate proportional to the gas velocity at the sampling point. The minimum sampling time shall be ten minutes and the minimum sampling volume 0.01 dscm (0.35 dscf) for each sample. The arithmetic average of two samples shall constitute one run. Samples shall be taken at approximately one-hour intervals.
**Subp. 6. Coke burn-off rate.**
Coke burn-off rate shall be determined by the following formula:
Rc = coke burn-off rate, kg/hr (English units lb/hr);
0.2982 = metric units material balance factor divided by 100, kg-min/hr-m3;
0.0186 = English units material balance factor divided by 100, lb-min/hr-ft3;
Qre = fluid catalytic cracking unit catalyst regenerator exhaust gas flow rate before entering the emission control system, as determined by Method 2, dscm/min (English units: dscf/min);
%CO2 = percent carbon dioxide by volume, dry basis, as determined by Method 3;
%CO = percent carbon monoxide by volume, dry basis, as determined by Method 3;
%O2 = percent oxygen by volume, dry basis, as determined by Method 3;
2.088 = metric units material balance factor divided by 100, kg-min/hr-m3;
0.1303 = English units material balance factor divided by 100, lb-min/hr-ft3;
Qra = air rate to fluid catalytic cracking unit catalyst regenerator, as determined from fluid catalytic cracking unit control room instrumentation, dscm/min (English units: dscf/min);
0.0994 = metric units material balance factor divided by 100, kg-min/hr-m3;
0.0062 = English units material balance factor divided by 100, lb-min/hr-ft3.
**Subp. 7. Particulate emissions.**
Particulate emissions shall be determined by the following equation:
Re = (60x10-6) QrvCx (metric units); or
Re = (8.57x10-3) QrvCs (English units)
where:
Re = particulate emission rate, kg/hr (English units: lb-hr);
60x10-6 = metric units conversion factor, min-kg/hr-gr;
8.57x10-3 = English units conversion factor, min-lb/hr.gr;
Qrv = volumetric flow rate of gases discharged into the atmosphere from the fluid catalytic cracking unit catalyst regenerator following the emission control system, as determined by Method 2, dscm/min (English units: dscf/min);
Cs = particulate emission concentration discharged in the atmosphere, as determined by Method 5, mg/dscm (English units: gr/dscf).
**Subp. 8. Coke burn-off.**
For each run, emissions expressed in kg/1000 kg (lb/1000 lb) of coke burn-off in the catalyst regenerator shall be determined by the following equation:
where:
Rs = particulate emission rate, kg/1000 kg (lb/1000 lb) of coke burn-off in the fluid catalytic cracking unit catalyst regenerator;
1000 = conversion factor, kg to 1000 kg (lb to 1000 lb);
Re = particulate emission rate, kg/hr (lb/hr);
Rc = coke burn-off rate, kg/hr (lb/hr).
**Subp. 9. Particulate matter; rate of emissions permitted.**
In those instances in which auxiliary liquid or solid fossil fuels are burned in an incinerator-waste heat boiler, the rate of particulate matter emissions permitted must be determined. Auxiliary fuel heat input, expressed in millions of cal/hr (English units: millions of Btu/hr) shall be calculated for each run by fuel flow rate measurement and analysis of the liquid or solid auxiliary fossil fuels. For each run, the rate of particulate emissions permitted shall be calculated from the following equation:
where:
Ra = allowable particulate emission rate, kg/1000 kg (English units: lb/1000 lb) of coke burn-off in the fluid catalytic cracking unit catalyst regenerator;
1.0 = emission standard for new affected facilities, 1.0 kg/1000 kg (English units: 1.0 lb/1000 lb) of coke burn-off in the fluid catalytic cracking unit catalyst regenerator;
10.0 = emission standard for existing affected facilities;
0.18 = metric units maximum allowable incremental rate of particulate emissions for new affected facilities gm/million cal;
0.10 = English units maximum allowable incremental rate of particulate emissions for new affected facilities, lb/million Btu;
0.72 = metric units maximum allowable incremental rate of particulate emissions for existing affected facilities gm/million cal;
0.4 = English units maximum allowable incremental rate of particulate emissions for existing affected facilities, lb/million Btu;
H = heat input from solid or liquid fossil fuel, million cal/hr (English units: million Btu/hr);
Rc = coke burn-off rate, kg/hr (English units: lb/hr).
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 18 SR 1412*
##### **Minn. R. 7011.1435** Incorporation by Reference; New Source Performance Standards; Petroleum Refineries {#sec-7011.1435 omnilex-key=us-mn-regs-official--agency-167--7011.1435}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart J, as amended, entitled "Standards of Performance for Petroleum Refineries";
B. Code of Federal Regulations, title 40, part 60, subpart GGG, as amended, entitled "Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006," except that the authorities identified in Code of Federal Regulations, title 40, section 60.592(c), are not delegated to the commissioner and are retained by the administrator;
C. Code of Federal Regulations, title 40, part 60, subpart QQQ, as amended, entitled "Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems";
D. Code of Federal Regulations, title 40, part 60, subpart Ja, as amended, entitled "Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007"; and
E. Code of Federal Regulations, title 40, part 60, subpart GGGa, as amended, entitled "Standards of Performance for Equipment Leaks of VOC at Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006."
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 580; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.1500** Definitions {#sec-7011.1500 omnilex-key=us-mn-regs-official--agency-167--7011.1500}
**Subpart 1. Scope.**
As used in parts 7011.1500 to 7011.1515, the following words shall have the meanings defined herein.
**Subp. 1a. Commenced.**
"Commenced" has the meaning given in Code of Federal Regulations, title 40, section 60.2.
**Subp. 2. Condensate.**
"Condensate" means hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.
**Subp. 3. Custody transfer.**
"Custody transfer" means the transfer of produced petroleum and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.
**Subp. 4. Drilling and production facility.**
"Drilling and production facility" means all drilling and servicing equipment, wells, flow lines, separators, equipment, gathering lines, and auxiliary nontransportation related equipment used in the production of petroleum but does not include natural gasoline plants.
**Subp. 5. Floating roof.**
"Floating roof" means a storage vessel cover consisting of a double deck, pontoon single deck, internal floating cover, or covered floating roof, which rests upon and is supported by the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank wall.
**Subp. 6. Hydrocarbon.**
"Hydrocarbon" means any organic compound consisting predominantly of carbon and hydrogen.
**Subp. 7. Petroleum.**
"Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale, and coal.
**Subp. 8. Petroleum liquids.**
"Petroleum liquids" means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean number 2 through number 6 fuel oils as specified in A.S.T.M. D396-69, gas turbine fuel oils Numbers 2-GT through 4-GT as specified in A.S.T.M. D2880-71, or diesel fuel oils Numbers 2-D and 4-D as specified in A.S.T.M. D975-68.
**Subp. 9. Petroleum refinery.**
"Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, or reforming of unfinished petroleum derivatives.
**Subp. 10. Reid vapor pressure.**
"Reid vapor pressure" is the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids, except liquefied petroleum gases, as determined by A.S.T.M.-D-323-58 (reapproved 1968).
**Subp. 11. Storage vessel.**
"Storage vessel" means any tank, reservoir, or container used for the storage of petroleum liquids, but does not include:
A. pressure vessels which are designed to operate in excess of 15 pounds per square inch gauge without emissions to the atmosphere except under emergency conditions;
B. subsurface caverns or porous rock reservoirs; or
C. underground tanks if the total volume of petroleum liquids added to and taken from a tank annually does not exceed twice the volume of the tank.
**Subp. 12. Submerged fill pipe.**
"Submerged fill pipe" means any fill pipe the discharge opening of which is entirely submerged when the liquid level is six inches above the bottom of the storage vessel. When applied to a storage vessel which is loaded from the side, "submerged fill pipe" means any fill pipe the discharge opening of which is entirely submerged when filling except for filling after the vessel has been emptied for cleaning and repairs.
**Subp. 13. True vapor pressure.**
"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, Evaporation Loss from Floating Roof Tanks, 1962.
**Subp. 14. Vapor recovery system.**
"Vapor recovery system" means a vapor gathering system capable of collecting all hydrocarbon vapors and gases discharged from the storage vessel and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission to the atmosphere.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 23 SR 2224*
##### **Minn. R. 7011.1505** Standards of Performance for Storage Vessels {#sec-7011.1505 omnilex-key=us-mn-regs-official--agency-167--7011.1505}
**Subpart 1. Pre-1969 storage vessels.**
There are no standards of performance promulgated in this rule for storage vessels for which construction was commenced prior to July 7, 1969.
**Subp. 2. July 7, 1969 to June 11, 1973 storage vessels.**
July 7, 1969 to June 11, 1973:
A. There are no standards of performance promulgated in this rule for storage vessels with a storage capacity of 2,000 gallons (7,571 liters) or less for which construction was commenced after July 7, 1969, but prior to June 11, 1973.
B. The owner or operator of any storage vessel with a storage capacity of greater than 2,000 gallons (7,571 liters) but less than or equal to 65,000 gallons (246,405 liters) for which construction was commenced after July 7, 1969, but prior to June 11, 1973, shall equip the storage vessel with a permanent submerged fill pipe or comply with the requirements of subpart 3, item C.
C. The owner or operator of any storage vessel with a storage capacity of greater than 65,000 gallons (246,405 liters) for which construction was commenced after July 7, 1969, but prior to June 11, 1973, shall comply with the following requirements:
**Subp. 3. Post-June 11, 1973 storage vessels.**
Post-June 11, 1973:
A. There are no standards of performance promulgated in this part for storage vessels with a storage capacity of 2,000 gallons (7,571 liters) or less for which construction was commenced on or after June 11, 1973.
B. The owner or operator of any storage vessel with a storage capacity of greater than 2,000 gallons (7,571 liters) but less than or equal to 40,000 gallons (151,412 liters) for which construction was commenced on or after June 11, 1973, shall equip the storage vessel with a permanent submerged fill pipe or comply with the requirements of item C.
C. The owner or operator of any storage vessel with a storage capacity of greater than 40,000 gallons (151,412 liters) for which construction was commenced on or after June 11, 1973, shall comply with the following requirements:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.1510** Monitoring Operations {#sec-7011.1510 omnilex-key=us-mn-regs-official--agency-167--7011.1510}
**Subpart 1. Records.**
The owner or operator of any storage vessel, the construction or modification of which began on or after June 11, 1973, that has a storage capacity of greater than 40,000 gallons (151,412 liters) must for each storage vessel:
A. maintain a file of each type of petroleum liquid stored, the typical Reid vapor pressure of each type of petroleum liquid stored, the dates of storage and withdrawals, and the date on which the storage vessel is empty; and
B. determine and record the average monthly storage temperature and true vapor pressure of the petroleum liquid stored at such temperature if:
**Subp. 2. Calculation.**
The average monthly storage temperature is an arithmetic average calculated for each calendar month, or portion thereof if storage is for less than a month, from bulk liquid storage temperatures determined at least once every seven days.
**Subp. 3. Vapor pressure determination.**
The true vapor pressure is determined by the procedure in American Petroleum Institute Bulletin 2517. This procedure is dependent upon determining the storage temperature and the Reid vapor pressure, which requires sampling the petroleum liquids in the storage vessels. Unless the commissioner requires in specific cases that the stored petroleum liquid be sampled, the true vapor pressure may be determined by using the average monthly storage temperature and the typical Reid vapor pressure. For those liquids for which certified specifications limiting the Reid vapor pressure exist, that Reid vapor pressure may be used. For other liquids, supporting analytical data must be made available on request of the commissioner when typical Reid vapor pressure is used.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 44 SR 1030*
##### **Minn. R. 7011.1515** Exception {#sec-7011.1515 omnilex-key=us-mn-regs-official--agency-167--7011.1515}
The provisions of parts 7011.1500 to 7011.1515 do not apply to storage vessels for petroleum or condensate stored, processed, or treated at a drilling and production facility prior to custody transfer.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.1520** Incorporation by Reference; New Source Performance Standards; Storage Vessels {#sec-7011.1520 omnilex-key=us-mn-regs-official--agency-167--7011.1520}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart K, as amended, entitled "Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978";
B. Code of Federal Regulations, title 40, part 60, subpart Ka, as amended, entitled "Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984," except that the authorities identified in Code of Federal Regulations, title 40, section 60.114a, are not delegated to the commissioner and are retained by the administrator; and
C. Code of Federal Regulations, title 40, part 60, subpart Kb, as amended, entitled "Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.1550** Incorporation by Reference; New Source Performance Standards; Bulk Gasoline Terminals {#sec-7011.1550 omnilex-key=us-mn-regs-official--agency-167--7011.1550}
Code of Federal Regulations, title 40, part 60, subpart XX, as amended, entitled "Standards of Performance for Bulk Gasoline Terminals," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.1600** Definitions {#sec-7011.1600 omnilex-key=us-mn-regs-official--agency-167--7011.1600}
As used in parts 7011.1600 to 7011.1700, the following words shall have the meanings defined herein:
A. Acid mist. "Acid mist" means sulfuric acid mist as measured by Method 8.
B. Sulfuric acid production unit. "Sulfuric acid production unit" means any emission facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.
C. Existing sulfuric acid production unit. "Existing sulfuric acid production unit" means a sulfuric acid production unit on which construction, modification, or reconstruction did not commence after August 17, 1971.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 22 SR 1237*
##### **Minn. R. 7011.1605** Standards of Performance of Existing Sulfuric Acid Production Units {#sec-7011.1605 omnilex-key=us-mn-regs-official--agency-167--7011.1605}
**Subpart 1. Pre-July 1, 1977, limit.**
Prior to July 1, 1977, no owner or operator of an existing sulfuric acid production unit shall cause to be discharged into the atmosphere from any sulfuric acid production unit any gases which contain sulfur dioxide in excess of 42 pounds per ton of acid produced (21 kg per metric ton), production being expressed as 100 percent H2SO4.
**Subp. 2. Post-July 1, 1977, limit.**
After July 1, 1977, no owner or operator of an existing sulfuric acid production unit shall cause to be discharged into the atmosphere from any sulfuric acid production unit any gases which contain sulfur dioxide in excess of 30 pounds per ton of acid produced (15 kg per metric ton), production being expressed as 100 percent H2SO4.
**Subp. 3. Acid mist.**
No owner or operator of an existing sulfuric acid production unit shall cause to be discharged into the atmosphere from any sulfuric acid production unit any gases which contain acid mist, expressed as H2SO4, in excess of 1.70 pounds per ton of acid produced (0.85 kg per metric ton), the production being expressed as 100 percent H2SO4.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.1610** [Repealed, 18 SR 580] {#sec-7011.1610 omnilex-key=us-mn-regs-official--agency-167--7011.1610}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.1615** Continuous Emission Monitoring {#sec-7011.1615 omnilex-key=us-mn-regs-official--agency-167--7011.1615}
**Subpart 1. Instrumentalities.**
The owner or operator of a sulfuric acid production unit shall install, calibrate, maintain, and operate an instrument for continuously monitoring and recording emissions of sulfur dioxide.
**Subp. 2. Calibration.**
The pollutant gas used to prepare calibration gas mixtures and for calibration check shall be sulfur dioxide.
**Subp. 3. Method 8.**
When conducting monitoring system performance evaluations only the sulfur dioxide portion of the Method 8 results shall be used.
**Subp. 4. Span set.**
The span shall be set at 1,000 ppm of sulfur dioxide.
**Subp. 5. Conversion factor.**
The owner or operator of a sulfuric acid production unit shall establish a conversion factor for the purpose of converting monitoring data into units of the applicable standard (kg/metric ton, lb/short ton). The conversion factor shall be determined, as a minimum, three times daily by measuring the concentration of sulfur dioxide entering the converter using suitable methods (e.g., the Reich test, National Air Pollution Control Administration Publication No. 999-AP-13) and calculating the appropriate conversion factor for each eight-hour period as follows:
where:
CF = conversion factor (kg/metric ton per ppm, lb/short ton per ppm).
k = constant derived from material balance. For determining CF in metric units, k = 0.0653. For determining CF in English units, k = 0.1306.
r = percentage of sulfur dioxide by volume entering the gas converter. Appropriate corrections must be made for air injection.
s = percentage of sulfur dioxide by volume in the emissions to the atmosphere determined by the continuous monitoring system required under subpart 1.
**Subp. 6. Record of conversion factors.**
The owner or operator of a sulfuric acid production unit shall record all conversion factors and values under subpart 5, i.e., CF, r, and s.
**Subp. 7. Record of production data.**
The owner or operator of a sulfuric acid production unit shall record daily the production rate and hours of operation.
**Subp. 8. Periods of excess emissions.**
For the purpose of reports under part 7017.1110, subpart 2, periods of excess emissions shall be all three-hour periods (or the arithmetic average of three consecutive one-hour periods) during which the integrated average sulfur dioxide emissions exceed the applicable standards under these parts.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 23 SR 1764*
##### **Minn. R. 7011.1620** Performance Test Methods {#sec-7011.1620 omnilex-key=us-mn-regs-official--agency-167--7011.1620}
Unless another method is approved by the commissioner, any person required to submit performance tests for a sulfuric acid production unit shall utilize the following test methods:
A. Method 1 for sample and velocity traverses;
B. Method 2 for velocity and volumetric flow rate;
C. Method 3 for gas analysis; and
D. Method 8 for the concentrations of SO2 and acid mist.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7011.1625** Performance Test Procedures {#sec-7011.1625 omnilex-key=us-mn-regs-official--agency-167--7011.1625}
**Subpart 1. In general.**
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Sampling time and volume.**
In testing for sulfur dioxide and acid mist, the sampling time for each run shall be at least 60 minutes and the minimum sample volume shall be 40.6 dscf (1.15 dscm) except that smaller sampling times or sample volumes, when necessitated by process variables or other factors, may be approved by the commissioner.
**Subp. 3. Acid production rate.**
Acid production rate, expressed in tons per hour of 100 percent H2SO4, shall be determined during each testing period by a suitable method approved by the commissioner. The commissioner may require the production rate to be confirmed by a material balance over the production system.
**Subp. 4. Acid mist and sulfur dioxide emissions.**
Unless the commissioner approves another method, acid mist and sulfur dioxide emissions, expressed in pounds per ton (kg/metric ton) of 100 percent H2 SO4, shall be determined by dividing the emission rate in lb/hr (kg/hr) by the acid production rate. The emission rate shall be determined by the equation, Qs x c = lb/hr (kg/hr), where Qs = volumetric flow rate of the effluent in dscf/hr (dscm/hr) as determined in accordance with part 7011.1620, item B, and c = acid mist and sulfur dioxide concentrations in lb/dscf (kg/dscm) as determined in accordance with part 7011.1620, item D.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 18 SR 1412*
##### **Minn. R. 7011.1630** Exceptions {#sec-7011.1630 omnilex-key=us-mn-regs-official--agency-167--7011.1630}
Shutdowns and breakdowns of control equipment at any sulfuric acid production unit shall be governed by the provisions of part 7019.1000.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 18 SR 1412*
##### **Minn. R. 7011.1635** Incorporation by Reference; New Source Performance Standards; Sulfuric Acid Plants {#sec-7011.1635 omnilex-key=us-mn-regs-official--agency-167--7011.1635}
Code of Federal Regulations, title 40, part 60, subpart H, as amended, entitled "Standards of Performance for Sulfuric Acid Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.1700** Definitions {#sec-7011.1700 omnilex-key=us-mn-regs-official--agency-167--7011.1700}
As used in parts 7011.1700 to 7011.1725, the following words shall have the meanings defined herein:
A. "Nitric acid production unit" means any facility producing weak nitric acid by either the pressure or atmospheric pressure process.
B. "Weak nitric acid" means acid which is 30 to 70 percent in strength.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.1705** Standards of Performance for Existing Nitric Acid Production Units {#sec-7011.1705 omnilex-key=us-mn-regs-official--agency-167--7011.1705}
A. Prior to July 1, 1977, no owner or operator of an existing nitric acid production unit shall cause to be discharged into the atmosphere from any nitric acid production unit any gases which contain nitrogen oxides, expressed as NO2, in excess of 50 pounds per ton of acid produced (25 kg per metric ton), the production being expressed as 100 percent nitric acid.
B. After July 1, 1977, no owner or operator of an existing nitric acid production unit shall cause to be discharged into the atmosphere from any nitric acid production unit any gases which contain nitrogen oxides, expressed as NO2, in excess of 40 pounds per ton of acid produced (20 kg per metric ton), the production being expressed as 100 percent nitric acid.
C. No owner or operator of an existing nitric acid production unit shall cause to be discharged into the atmosphere from any nitric acid production unit any gases which exhibit greater than ten percent opacity.
D. For the purposes of this part, "existing nitric acid production unit" means a nitric acid production unit on which construction, modification, or reconstruction did not commence after August 17, 1971.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 22 SR 1237*
##### **Minn. R. 7011.1710** [Repealed, 18 SR 580] {#sec-7011.1710 omnilex-key=us-mn-regs-official--agency-167--7011.1710}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.1715** Emission Monitoring {#sec-7011.1715 omnilex-key=us-mn-regs-official--agency-167--7011.1715}
A. The owner or operator of a nitric acid production unit shall install, calibrate, maintain, and operate a continuous monitoring system for the measurement and recording of nitrogen oxides emissions.
B. The pollutant gas used to prepare calibration gas mixtures and for calibration checks shall be nitrogen dioxide (NO2).
C. Reference Method 7 shall be used for conducting monitoring system performance evaluations.
D. The span shall be set at 500 ppm of nitrogen dioxide.
E. The owner or operator of a nitric acid plant shall establish a conversion factor for the purpose of converting monitoring data into units of the applicable standard (kg/metric ton, lb/ton). The conversion factor shall be established by measuring emissions with the continuous monitoring system concurrent with measuring emissions with the applicable Reference Method tests. Using only that portion of the continuous monitoring emission data that represents emission measurements concurrent with the reference method test periods, the conversion factor shall be determined by dividing the reference method test data averages by the monitoring data averages to obtain a ratio expressed in units of the applicable standards to units of the monitoring data, i.e., (kg/metric ton per ppm, lb/ton per ppm). The conversion factor shall be reestablished during any performance test or any continuous monitoring system performance evaluation.
F. The owner or operator of a nitric acid production unit shall record the daily production rate and hours of operation.
G. For the purpose of reports under part 7017.1110, subpart 2, item B, periods of excess emissions that shall be reported are defined as any three-hour period during which the average nitrogen oxides emissions (arithmetic average of three contiguous one-hour periods) are measured by a continuous monitoring system exceed the applicable standards under part 7011.1705.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 18 SR 614; 23 SR 1764*
##### **Minn. R. 7011.1720** Performance Test Methods {#sec-7011.1720 omnilex-key=us-mn-regs-official--agency-167--7011.1720}
Unless another method is approved by the commissioner, any person required to submit performance tests for a nitric acid production unit shall utilize the following test methods:
A. Method 1 for sample and velocity traverses;
B. Method 2 for velocity and volumetric flow rate;
C. Method 3 for gas analysis; and
D. Method 7 for the concentration of NO2.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7011.1725** Performance Test Procedures {#sec-7011.1725 omnilex-key=us-mn-regs-official--agency-167--7011.1725}
**Subpart 1. In general.**
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Special procedures.**
A. For Method 7, the same site shall be selected according to Method 1 and the sampling point shall be the centroid of the stack or duct or at a point no closer to the walls than 1 meter (3.28 feet). Each run shall consist of at least four grab samples taken at approximately 15-minute intervals. The arithmetic mean of the samples shall constitute the run value. A velocity traverse shall be performed once per run.
B. Acid production rate, expressed in metric tons per hour of 100 percent nitric acid, shall be determined during each testing period by suitable methods and shall be confirmed by a material balance over the production system.
C. For each run, nitrogen oxides, expressed in lb/ton of 100 percent nitric acid (kg/metric ton), shall be determined by dividing the emission rate in lb/hr (kg/hr) by the acid production rate. The emission rate shall be determined by the equation: Qs x c = lb/hr (kg/hr) where Qs = volumetric flow rate of the effluent in dscf/hr (dscm/hr), as determined in accordance with part 7011.1720, item B, and c = NO2 concentration in lb/dscf (kg/dscm), as determined in accordance with part 7011.1720, item D.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 18 SR 1412*
##### **Minn. R. 7011.1730** Incorporation by Reference; New Source Performance Standards; Nitric Acid Plants {#sec-7011.1730 omnilex-key=us-mn-regs-official--agency-167--7011.1730}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart G, as amended, entitled "Standards of Performance for Nitric Acid Plants"; and
B. Code of Federal Regulations, title 40, part 60, subpart Ga, as amended, entitled "Standards of Performance for Nitric Acid Plants for Which Construction, Reconstruction, or Modification Commenced After October 14, 2011."
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 580; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.1800** [Repealed, 18 SR 580] {#sec-7011.1800 omnilex-key=us-mn-regs-official--agency-167--7011.1800}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.1805** [Repealed, 18 SR 580] {#sec-7011.1805 omnilex-key=us-mn-regs-official--agency-167--7011.1805}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.1810** [Repealed, 18 SR 580] {#sec-7011.1810 omnilex-key=us-mn-regs-official--agency-167--7011.1810}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.1815** [Repealed, 18 SR 580] {#sec-7011.1815 omnilex-key=us-mn-regs-official--agency-167--7011.1815}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.1820** Incorporation by Reference; New Source Performance Standards; Lead Smelters {#sec-7011.1820 omnilex-key=us-mn-regs-official--agency-167--7011.1820}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart L, as amended, entitled "Standards of Performance for Secondary Lead Smelters"; and
B. Code of Federal Regulations, title 40, part 60, subpart R, as amended, entitled "Standards of Performance for Primary Lead Smelters."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.1840** Incorporation by Reference; New Source Performance Standards; Primary Copper Smelters {#sec-7011.1840 omnilex-key=us-mn-regs-official--agency-167--7011.1840}
Code of Federal Regulations, title 40, part 60, subpart P, as amended, entitled "Standards of Performance for Primary Copper Smelters," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.1880** Incorporation by Reference; New Source Performance Standards; Primary Zinc Smelters {#sec-7011.1880 omnilex-key=us-mn-regs-official--agency-167--7011.1880}
Code of Federal Regulations, title 40, part 60, subpart Q, as amended, entitled "Standards of Performance for Primary Zinc Smelters," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.1900** Definitions {#sec-7011.1900 omnilex-key=us-mn-regs-official--agency-167--7011.1900}
**Subpart 1. Scope.**
As used in parts 7011.1900 to 7011.1915, the following words shall have the meanings defined herein.
**Subp. 2. Blast furnace.**
"Blast furnace" means any furnace used to recover metal from slag.
**Subp. 3. Brass or bronze.**
"Brass or bronze" means any metal alloy containing copper as its predominant constituent, and lesser amounts of zinc, tin, lead, or other metals.
**Subp. 4. Brass or bronze ingot production plant.**
"Brass or bronze ingot production plant" means any facility producing brass or bronze from a copper alloy-bearing scrap material by smelting to the metallic form.
**Subp. 5. Electric furnace.**
"Electric furnace" means any furnace which uses electricity to produce over 50 percent of the heat required in the production of refined brass or bronze.
**Subp. 6. Reverberatory furnace.**
"Reverberatory furnace" includes the following types of reverberatory furnaces: stationary, rotating, rocking, and tilting.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.1905** Standards of Performance for Secondary Brass and Bronze Ingot Production Plants {#sec-7011.1905 omnilex-key=us-mn-regs-official--agency-167--7011.1905}
No owner or operator of a secondary brass or bronze ingot production plant shall allow to be discharged into the atmosphere from a reverberatory furnace any gases that:
A. contain filterable particulate matter in excess of 50 mg/dscm (0.022 gr/dscf);
B. exhibit 20 percent opacity or greater. No owner or operator of a secondary brass or bronze ingot production plant shall cause to be discharged into the atmosphere from any electric furnace of 1,000 kg (2,205 lbs) or greater production capacity any gases which exhibit ten percent opacity or greater. No owner or operator of a secondary brass or bronze ingot production plant shall cause to be discharged into the atmosphere from any blast (cupola) furnace of 250 kg/hr (550 lb/hr) or greater production capacity any gases which exhibit ten percent opacity or greater. No owner or operator of a secondary brass or bronze ingot production plant shall cause to be discharged into the atmosphere from any electric furnace of less than 1,000 kg (2,205 lbs) production capacity or any blast (cupola) furnace of less than 250 kg/hr (550 lb/hr) production capacity any gases which exceed the limits of parts 7011.0700 to 7011.0735 for particulate emissions, and exhibit 20 percent opacity or greater.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.1910** Performance Test Methods {#sec-7011.1910 omnilex-key=us-mn-regs-official--agency-167--7011.1910}
Unless another method is approved by the commissioner, an owner or operator required to submit performance tests for a brass or bronze ingot production plant must use the following test methods to demonstrate compliance:
A. Method 1 for sample and velocity traverses;
B. Method 2 for velocity and volumetric flow rate;
C. Method 3 for gas analysis;
D. Method 5 for the concentration of filterable particulate matter and the associated moisture content.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.1915** Performance Test Procedures {#sec-7011.1915 omnilex-key=us-mn-regs-official--agency-167--7011.1915}
**Subpart 1. In general.**
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Special procedures.**
In testing for the concentration of particulate matter and the associated moisture content, the minimum sampling time for each run shall be at least 120 minutes and the sampling rate shall be at least 0.9 dscm/hr (0.53 dscf/min) except that shorter sampling times, when necessitated by process variables or other factors, may be approved by the commissioner. Particulate matter sampling shall be conducted during representative periods of charging and refining, but not during pouring of the heat.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 18 SR 1412*
##### **Minn. R. 7011.1920** Incorporation by Reference; New Source Performance Standards; Secondary Brass and Bronze Production Plants {#sec-7011.1920 omnilex-key=us-mn-regs-official--agency-167--7011.1920}
Code of Federal Regulations, title 40, part 60, subpart M, as amended, entitled "Standards of Performance for Secondary Brass and Bronze Production Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2000** Definitions {#sec-7011.2000 omnilex-key=us-mn-regs-official--agency-167--7011.2000}
**Subpart 1. Scope.**
As used in parts 7011.2000 to 7011.2015, the following words shall have the meanings defined herein.
**Subp. 2. Basic oxygen process furnace.**
"Basic oxygen process furnace (BOPF)" means any furnace producing steel by charging scrap metal, hot metal, and flux materials into a vessel and introducing a high volume of an oxygen-rich gas.
**Subp. 3. Steel production cycle.**
"Steel production cycle" means the operations required to produce each batch of steel and includes the following major functions: scrap charging, preheating (when used), hot metal charging, primary oxygen blowing, additional oxygen blowing (when used), and tapping.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.2005** Standards of Performance for Iron and Steel Plants {#sec-7011.2005 omnilex-key=us-mn-regs-official--agency-167--7011.2005}
No owner or operator of an iron and steel plant shall allow to be discharged into the atmosphere from any basic oxygen process furnace any gases that contain filterable particulate matter in excess of 50 mg/dscm (0.022 gr/dscf).
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.2010** Performance Test Methods {#sec-7011.2010 omnilex-key=us-mn-regs-official--agency-167--7011.2010}
Unless another method is approved by the commissioner, an owner or operator required to submit performance tests for an iron and steel plant must use the following test methods to demonstrate compliance:
A. Method 1 for sample and velocity traverses;
B. Method 2 for volumetric flow rate;
C. Method 3 for gas analysis;
D. Method 5 for concentration of filterable particulate matter and associated moisture content.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 41 SR 763*
##### **Minn. R. 7011.2015** Performance Test Procedures {#sec-7011.2015 omnilex-key=us-mn-regs-official--agency-167--7011.2015}
**Subpart 1. In general.**
Performance tests shall be conducted according to the requirements of this part and parts 7017.2001 to 7017.2060.
**Subp. 2. Special procedures.**
In testing for the concentration of particulate matter and the associated moisture content, the sampling for each run shall continue for an integral number of steel production cycles with total duration of at least 60 minutes. The sampling rate shall be at least 0.9 dscm/hr (0.53 dscf/min) except that shorter sampling times, when necessitated by process variables or other factors, may be approved by the commissioner. A cycle shall start at the beginning of either the scrap preheat or the oxygen blow and shall terminate immediately prior to tapping.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 18 SR 1412*
##### **Minn. R. 7011.2020** Incorporation by Reference; New Source Performance Standards; Steel Plants {#sec-7011.2020 omnilex-key=us-mn-regs-official--agency-167--7011.2020}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart N, as amended, entitled "Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973";
B. Code of Federal Regulations, title 40, part 60, subpart Na, as amended, entitled "Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983";
C. Code of Federal Regulations, title 40, part 60, subpart AA, as amended, entitled "Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983"; and
D. Code of Federal Regulations, title 40, part 60, subpart AAa, as amended, entitled "Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2050** Incorporation by Reference; New Source Performance Standards; Primary Aluminum Reduction Plants {#sec-7011.2050 omnilex-key=us-mn-regs-official--agency-167--7011.2050}
Code of Federal Regulations, title 40, part 60, subpart S, as amended, entitled "Standards of Performance for Primary Aluminum Reduction Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2080** Incorporation by Reference; New Source Performance Standards; Ferroalloy Production Facilities {#sec-7011.2080 omnilex-key=us-mn-regs-official--agency-167--7011.2080}
Code of Federal Regulations, title 40, part 60, subpart Z, as amended, entitled "Standards of Performance for Ferroalloy Production Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2100** Definitions {#sec-7011.2100 omnilex-key=us-mn-regs-official--agency-167--7011.2100}
**Subpart 1. Scope.**
The following definitions of words and phrases are controlling for purposes of parts 7011.2100 and 7011.2105.
**Subp. 2. Inorganic fibrous material.**
"Inorganic fibrous material" means glass fibers, glass wool, rock wool, and aluminum oxide fibers having a length-to-diameter ratio of equal to or greater than three to one.
**Subp. 3. Spraying.**
"Spraying" means an operation in which material is conveyed in the form of, or by the means of, a fluid stream from an application device to a receiving surface.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.2105** Spraying Inorganic Fibrous Materials {#sec-7011.2105 omnilex-key=us-mn-regs-official--agency-167--7011.2105}
The spraying on any portion of a building or structure open to the outdoor atmosphere of any acoustical insulating, thermal insulating, or fireproofing product which does not contain asbestos but which contains inorganic fibrous material shall occur only under the following procedures:
A. The entire floor area where the spraying is to occur shall be enclosed with plastic-coated tarpaulins or by other means in a manner which shall prevent the escape of sprayed material from the enclosure. All interior areas, such as elevator shafts and stairwells, shall be enclosed in a manner which shall prevent the escape of sprayed material from the working area.
B. The entire area in which spraying has occurred, including all ledges, surfaces, equipment, and protective tarpaulins within the enclosure, shall be thoroughly cleaned by means of scraping, sweeping, vacuuming, or other acceptable methods upon completion of the spraying operation and before the enclosure is dismantled; provided, however, that all such cleaning procedures shall be followed by thorough vacuuming. The collected material shall be placed in a sealed container or bag strong enough to resist breaking and tearing under normal handling conditions and shall be transported directly to a disposal site approved by the commissioner.
C. All areas for opening containers of the material to be sprayed and for loading the material to be sprayed into hoppers, or other containers shall be enclosed in a manner which shall prevent the escape of the material to be sprayed to the outdoor atmosphere.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7011.2200** [Repealed, 22 SR 1237] {#sec-7011.2200 omnilex-key=us-mn-regs-official--agency-167--7011.2200}
[Repealed, 22 SR 1237]
##### **Minn. R. 7011.2205** [Repealed, 22 SR 1237] {#sec-7011.2205 omnilex-key=us-mn-regs-official--agency-167--7011.2205}
[Repealed, 22 SR 1237]
##### **Minn. R. 7011.2210** [Repealed, 22 SR 1237] {#sec-7011.2210 omnilex-key=us-mn-regs-official--agency-167--7011.2210}
[Repealed, 22 SR 1237]
##### **Minn. R. 7011.2215** [Repealed, 21 SR 693] {#sec-7011.2215 omnilex-key=us-mn-regs-official--agency-167--7011.2215}
[Repealed, 21 SR 693]
##### **Minn. R. 7011.2220** Repealed by subpart {#sec-7011.2220 omnilex-key=us-mn-regs-official--agency-167--7011.2220}
**Subpart 1.**
[Repealed, 22 SR 1237]
**Subp. 2.**
[Repealed, 22 SR 1237]
**Subp. 3.**
[Repealed, 22 SR 1237]
**Subp. 4.**
[Repealed, 21 SR 693]
##### **Minn. R. 7011.2300** Standards of Performance for Stationary Internal Combustion Engines {#sec-7011.2300 omnilex-key=us-mn-regs-official--agency-167--7011.2300}
**Subpart 1. Visible air contaminants.**
No owner or operator of any stationary internal combustion engine shall cause or permit the emission of visible air contaminants from the engine in excess of 20 percent opacity once operating temperatures have been attained.
**Subp. 2. Sulfur dioxide.**
A. An owner or operator of a stationary internal combustion engine must not allow any gases that contain sulfur dioxide in excess of 0.5 pounds per million Btu actual heat input to be discharged into the atmosphere from the engine unless an alternative emission limit for sulfur dioxide in an air emission permit or other enforceable document is used to demonstrate modeled compliance with the sulfur dioxide standards in parts 7009.0080 and 7009.0090.
B. No later than January 31, 2018, owners or operators of a stationary internal combustion engine must not allow any gases that contain sulfur dioxide in excess of 0.0015 pounds per million Btu actual heat input to be discharged into the atmosphere from the engine unless an alternative sulfur dioxide emission limit in an air emission permit or other enforceable document is used to demonstrate modeled compliance with the sulfur dioxide standards in parts 7009.0080 and 7009.0090.
**Subp. 3. Heat input.**
The actual heat input and rated heat input of an internal combustion engine shall be determined in accordance with the provisions set forth in parts 7011.0500 to 7011.0550.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 614; 22 SR 1237; 41 SR 763; 43 SR 797*
##### **Minn. R. 7011.2305** Incorporation by Reference; New Source Performance Standards; Stationary Compression Ignition Internal Combustion Engines {#sec-7011.2305 omnilex-key=us-mn-regs-official--agency-167--7011.2305}
Code of Federal Regulations, title 40, part 60, subpart IIII, as amended, entitled "Standards of Performance for Stationary Compression Ignition Internal Combustion Engines," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 37 SR 991*
##### **Minn. R. 7011.2310** Incorporation by Reference; New Source Performance Standards; Stationary Spark Ignition Internal Combustion Engines {#sec-7011.2310 omnilex-key=us-mn-regs-official--agency-167--7011.2310}
Code of Federal Regulations, title 40, part 60, subpart JJJJ, as amended, entitled "Standards of Performance for Stationary Spark Ignition Internal Combustion Engines," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 37 SR 991*
##### **Minn. R. 7011.2350** Incorporation by Reference; New Source Performance Standards; Stationary Gas Turbines {#sec-7011.2350 omnilex-key=us-mn-regs-official--agency-167--7011.2350}
Code of Federal Regulations, title 40, part 60, subpart GG, as amended, entitled "Standards of Performance for Stationary Gas Turbines," is incorporated by reference, except that authorities identified in Code of Federal Regulations, title 40, sections 60.332(a)(3) and 60.335(a), are not delegated to the commissioner and are retained by the administrator.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2375** Incorporation by Reference; New Source Performance Standards; Stationary Combustion Turbines {#sec-7011.2375 omnilex-key=us-mn-regs-official--agency-167--7011.2375}
Code of Federal Regulations, title 40, part 60, subpart KKKK, as amended, entitled "Standards of Performance for Stationary Combustion Turbines," is incorporated by reference.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.2400** Incorporation by Reference; New Source Performance Standards; Phosphate Fertilizer Industry {#sec-7011.2400 omnilex-key=us-mn-regs-official--agency-167--7011.2400}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart T, as amended, entitled "Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants";
B. Code of Federal Regulations, title 40, part 60, subpart U, as amended, entitled "Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants";
C. Code of Federal Regulations, title 40, part 60, subpart V, as amended, entitled "Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants";
D. Code of Federal Regulations, title 40, part 60, subpart W, as amended, entitled "Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants"; and
E. Code of Federal Regulations, title 40, part 60, subpart X, as amended, entitled "Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2450** Incorporation by Reference; New Source Performance Standards; Kraft Pulp Mills {#sec-7011.2450 omnilex-key=us-mn-regs-official--agency-167--7011.2450}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart BB, as amended, entitled "Standards of Performance for Kraft Pulp Mills"; and
B. Code of Federal Regulations, title 40, part 60, subpart BBa, as amended, entitled "Standards of Performance for Kraft Pulp Mill Affected Sources for Which Construction, Reconstruction, or Modification Commenced After May 23, 2013."
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 580; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.2500** Incorporation by Reference; New Source Performance Standards; Glass Manufacturing Plants {#sec-7011.2500 omnilex-key=us-mn-regs-official--agency-167--7011.2500}
Code of Federal Regulations, title 40, part 60, subpart CC, as amended, entitled "Standards of Performance for Glass Manufacturing Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2550** Incorporation by Reference; New Source Performance Standards; Surface Coating of Metal Furniture {#sec-7011.2550 omnilex-key=us-mn-regs-official--agency-167--7011.2550}
Code of Federal Regulations, title 40, part 60, subpart EE, as amended, entitled "Standards of Performance for Surface Coating of Metal Furniture," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2555** Incorporation by Reference; New Source Performance Standards; Automobile and Light-Duty Truck Surface Coating Operations {#sec-7011.2555 omnilex-key=us-mn-regs-official--agency-167--7011.2555}
Code of Federal Regulations, title 40, part 60, subpart MM, as amended, entitled "Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2560** Incorporation by Reference; New Source Performance Standards; Pressure Sensitive Tape and Label Surface Coating Operations {#sec-7011.2560 omnilex-key=us-mn-regs-official--agency-167--7011.2560}
Code of Federal Regulations, title 40, part 60, subpart RR, as amended, entitled "Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2565** Incorporation by Reference; New Source Performance Standards; Industrial Surface Coating: Large Appliances {#sec-7011.2565 omnilex-key=us-mn-regs-official--agency-167--7011.2565}
Code of Federal Regulations, title 40, part 60, subpart SS, as amended, entitled "Standards of Performance for Industrial Surface Coating: Large Appliances," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2570** Incorporation by Reference; New Source Performance Standards; Metal Coil Surface Coating {#sec-7011.2570 omnilex-key=us-mn-regs-official--agency-167--7011.2570}
Code of Federal Regulations, title 40, part 60, subpart TT, as amended, entitled "Standards of Performance for Metal Coil Surface Coating," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2575** Incorporation by Reference; New Source Performance Standards; Beverage Can Surface Coating Industry {#sec-7011.2575 omnilex-key=us-mn-regs-official--agency-167--7011.2575}
Code of Federal Regulations, title 40, part 60, subpart WW, as amended, entitled "Standards of Performance for the Beverage Can Surface Coating Industry," is incorporated by reference, except that the authorities identified in Code of Federal Regulations, title 40, section 60.496(a)(1), and the last sentence of Code of Federal Regulations, title 40, section 60.493(b)(2)(i)(A), are not delegated to the commissioner and are retained by the administrator.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2580** Incorporation by Reference; New Source Performance Standards; Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines {#sec-7011.2580 omnilex-key=us-mn-regs-official--agency-167--7011.2580}
Code of Federal Regulations, title 40, part 60, subpart TTT, as amended, entitled "Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2600** Incorporation by Reference; New Source Performance Standards; Lime Manufacturing Plants {#sec-7011.2600 omnilex-key=us-mn-regs-official--agency-167--7011.2600}
Code of Federal Regulations, title 40, part 60, subpart HH, as amended, entitled "Standards of Performance for Lime Manufacturing Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2650** Incorporation by Reference; New Source Performance Standards; Lead-Acid Battery Manufacturing Plants {#sec-7011.2650 omnilex-key=us-mn-regs-official--agency-167--7011.2650}
Code of Federal Regulations, title 40, part 60, subpart KK, as amended, entitled "Standards of Performance for Lead-Acid Battery Manufacturing Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2700** Incorporation by Reference; New Source Performance Standards; Metallic Mineral Processing Plants {#sec-7011.2700 omnilex-key=us-mn-regs-official--agency-167--7011.2700}
Code of Federal Regulations, title 40, part 60, subpart LL, as amended, entitled "Standards of Performance for Metallic Mineral Processing Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2750** Incorporation by Reference; New Source Performance Standards; Phosphate Rock Plants {#sec-7011.2750 omnilex-key=us-mn-regs-official--agency-167--7011.2750}
Code of Federal Regulations, title 40, part 60, subpart NN, as amended, entitled "Standards of Performance for Phosphate Rock Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2800** Incorporation by Reference; New Source Performance Standards; Ammonium Sulfate Manufacture {#sec-7011.2800 omnilex-key=us-mn-regs-official--agency-167--7011.2800}
Code of Federal Regulations, title 40, part 60, subpart PP, as amended, entitled "Standards of Performance for Ammonium Sulfate Manufacture," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2850** Incorporation by Reference; New Source Performance Standards; Publication Rotogravure Printing {#sec-7011.2850 omnilex-key=us-mn-regs-official--agency-167--7011.2850}
Code of Federal Regulations, title 40, part 60, subpart QQ, as amended, entitled "Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2900** Incorporation by Reference; New Source Performance Standards; Synthetic Organic Chemical Manufacturing {#sec-7011.2900 omnilex-key=us-mn-regs-official--agency-167--7011.2900}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart VV, as amended, entitled "Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After January 5, 1981, and on or Before November 7, 2006," except that the authorities identified in Code of Federal Regulations, title 40, section 60.482-1(c)(2), are not delegated to the commissioner and are retained by the administrator;
B. Code of Federal Regulations, title 40, part 60, subpart III, as amended, entitled "Standards of Performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes";
C. Code of Federal Regulations, title 40, part 60, subpart NNN, as amended, entitled "Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations"; and
D. Code of Federal Regulations, title 40, part 60, subpart VVa, as amended, entitled "Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006."
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 580; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.2950** Incorporation by Reference; New Source Performance Standards; Residential Wood Heaters {#sec-7011.2950 omnilex-key=us-mn-regs-official--agency-167--7011.2950}
Code of Federal Regulations, title 40, part 60, subpart AAA, as amended through July 1, 2018, entitled "Standards of Performance for New Residential Wood Heaters," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.2960** Incorporation by Reference; New Source Performance Standards; Residential Hydronic Heaters and Forced-Air Furnaces {#sec-7011.2960 omnilex-key=us-mn-regs-official--agency-167--7011.2960}
Code of Federal Regulations, title 40, part 60, subpart QQQQ, as amended through July 1, 2018, entitled "Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.3000** Incorporation by Reference; New Source Performance Standards; Rubber Tire Manufacturing Industry {#sec-7011.3000 omnilex-key=us-mn-regs-official--agency-167--7011.3000}
Code of Federal Regulations, title 40, part 60, subpart BBB, as amended, entitled "Standards of Performance for the Rubber Tire Manufacturing Industry," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3050** Incorporation by Reference; New Source Performance Standards; Polymer Manufacturing Industry {#sec-7011.3050 omnilex-key=us-mn-regs-official--agency-167--7011.3050}
Code of Federal Regulations, title 40, part 60, subpart DDD, as amended, entitled "Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3100** Incorporation by Reference; New Source Performance Standards; Polymeric Coating of Supporting Substrates Facilities {#sec-7011.3100 omnilex-key=us-mn-regs-official--agency-167--7011.3100}
Code of Federal Regulations, title 40, part 60, subpart VVV, as amended, entitled "Standards of Performance for Polymeric Coating of Supporting Substrates Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3150** Incorporation by Reference; New Source Performance Standards; Flexible Vinyl and Urethane Coating and Printing {#sec-7011.3150 omnilex-key=us-mn-regs-official--agency-167--7011.3150}
Code of Federal Regulations, title 40, part 60, subpart FFF, as amended, entitled "Standards of Performance for Flexible Vinyl and Urethane Coating and Printing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3200** Incorporation by Reference; New Source Performance Standards; Synthetic Fiber Production Facilities {#sec-7011.3200 omnilex-key=us-mn-regs-official--agency-167--7011.3200}
Code of Federal Regulations, title 40, part 60, subpart HHH, as amended, entitled "Standards of Performance for Synthetic Fiber Production Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3250** Incorporation by Reference; New Source Performance Standards; Petroleum Dry Cleaners {#sec-7011.3250 omnilex-key=us-mn-regs-official--agency-167--7011.3250}
Code of Federal Regulations, title 40, part 60, subpart JJJ, as amended, entitled "Standards of Performance for Petroleum Dry Cleaners," is incorporated by reference, except that the authorities identified in Code of Federal Regulations, title 40, section 60.623, are not delegated to the commissioner and are retained by the administrator.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3300** Incorporation by Reference; New Source Performance Standards; Onshore Natural Gas Processing {#sec-7011.3300 omnilex-key=us-mn-regs-official--agency-167--7011.3300}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart KKK, as amended, entitled "Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Plants for Which Construction, Reconstruction, or Modification Commenced After January 20, 1984, and on or Before August 23, 2011," except that authorities identified in Code of Federal Regulations, title 40, section 60.634, are not delegated to the commissioner and are retained by the administrator; and
B. Code of Federal Regulations, title 40, part 60, subpart LLL, as amended, entitled "Standards of Performance for SO2 Emissions From Onshore Natural Gas Processing for Which Construction, Reconstruction, or Modification Commenced After January 20, 1984, and on or Before August 23, 2011."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3325** Incorporation by Reference; New Source Performance Standards; Crude Oil and Natural Gas Production, Transmission and Distribution {#sec-7011.3325 omnilex-key=us-mn-regs-official--agency-167--7011.3325}
The following new source performance standards are incorporated by reference:
A. Code of Federal Regulations, title 40, part 60, subpart OOOO, as amended through July 1, 2018, entitled "Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution for which Construction, Modification, or Reconstruction Commenced After August 23, 2011, and on or before September 18, 2015"; and
B. Code of Federal Regulations, title 40, part 60, subpart OOOOa, as amended through July 1, 2018, entitled "Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.3350** Incorporation by Reference; New Source Performance Standards; Nonmetallic Mineral Processing Plants {#sec-7011.3350 omnilex-key=us-mn-regs-official--agency-167--7011.3350}
Code of Federal Regulations, title 40, part 60, subpart OOO, as amended, entitled "Standards of Performance for Nonmetallic Mineral Processing Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3400** Incorporation by Reference; New Source Performance Standards; Wool Fiberglass Insulation Manufacturing Plants {#sec-7011.3400 omnilex-key=us-mn-regs-official--agency-167--7011.3400}
Code of Federal Regulations, title 40, part 60, subpart PPP, as amended, entitled "Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3430** Incorporation by Reference; New Source Performance Standards; Voc Emissions from Socmi Reactor Processes {#sec-7011.3430 omnilex-key=us-mn-regs-official--agency-167--7011.3430}
Code of Federal Regulations, title 40, part 60, subpart RRR, as amended, entitled "Standard of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.3450** Incorporation by Reference; New Source Performance Standards; Magnetic Tape Coating Facilities {#sec-7011.3450 omnilex-key=us-mn-regs-official--agency-167--7011.3450}
Code of Federal Regulations, title 40, part 60, subpart SSS, as amended, entitled "Standards of Performance for Magnetic Tape Coating Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.3470** Incorporation by Reference; New Source Performance Standards; Calciners and Dryers in the Mineral Industry {#sec-7011.3470 omnilex-key=us-mn-regs-official--agency-167--7011.3470}
Code of Federal Regulations, title 40, part 60, subpart UUU, as amended, entitled "Standards of Performance for Calciners and Dryers in Mineral Industries," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 46 SR 1209*
##### **Minn. R. 7011.3500** Definitions {#sec-7011.3500 omnilex-key=us-mn-regs-official--agency-167--7011.3500}
**Subpart 1. Scope.**
The definitions in Code of Federal Regulations, title 40, subparts Cc, WWW, and XXX, apply to terms in parts 7011.3500 to 7011.3530, unless the terms are otherwise defined in this part.
**Subp. 2.**
[Repealed, 44 SR 1030]
**Subp. 3.**
[Repealed, 44 SR 1030]
**Subp. 4. Landfill.**
"Landfill" means a mixed municipal solid waste land disposal facility as defined in part 7035.0300, subpart 64.
**Subp. 5.**
[Repealed, 23 SR 2224]
**Subp. 6. Solid waste capacity.**
"Solid waste capacity" means the design capacity, as defined in Code of Federal Regulations, title 40, section 60.751, that will be in place in the landfill at the time of the expiration of the facility's solid waste permit, or at the time ultimate capacity is reached.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 993; 23 SR 2224; 44 SR 1030; 21 SR 993; 23 SR 2224; 44 SR 1030; 46 SR 1209*
##### **Minn. R. 7011.3505** Standards of Performance for Existing Municipal Solid Waste Landfills Existing Before May 30, 1991 {#sec-7011.3505 omnilex-key=us-mn-regs-official--agency-167--7011.3505}
**Subpart 1. Scope.**
The owner or operator of a landfill must comply with this part and Code of Federal Regulations, title 40, part 60, subpart WWW, as amended, as incorporated by reference in part 7011.3510, if construction, modification, or reconstruction began before May 30, 1991, and:
A. the landfill has accepted solid waste for disposal since November 8, 1987; or
B. the landfill has additional solid waste capacity available for future waste disposal.
**Subp. 2. Operational standards for collection and control systems.**
The owner or operator of a landfill that must monitor surface methane concentrations must comply with Code of Federal Regulations, title 40, section 60.755(c)(1), except that the owner or operator must conduct the monitoring at least three times per year, once during each of the following periods: March 14 to May 14, June 21 to September 23, and October 21 to November 21.
**Subp. 3. Monitoring operations.**
The owner or operator of a landfill seeking to comply with Code of Federal Regulations, title 40, section 60.752(b)(2)(iii), may confirm that there is no means to bypass the control device in the design plan, submitted in accordance with Code of Federal Regulations, title 40, section 60.752(b)(2)(i), in lieu of complying with the requirements in Code of Federal Regulations, title 40, section 60.756(b)(2) and (c)(2).
**Subp. 4. Reporting requirements.**
The owner or operator of a landfill must submit the reports required by Code of Federal Regulations, title 40, sections 60.752(a) and 60.757(a)(1) and (3) and (b)(1)(i), on the following schedule:
A. the owner or operator of an active landfill, and the owner or operator of a closed landfill with a solid waste capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters, must submit an initial solid waste capacity report no later than the submittal of the next annual report required by part 7035.2585;
B. the owner or operator of an active landfill that proposes to increase the total solid waste capacity to greater than or equal to 2.5 million megagrams and 2.5 million cubic meters must submit an amended solid waste capacity report no later than the submittal of the solid waste management facility permit application that proposes an increase in permitted capacity; and
C. the owner or operator of a landfill that must submit an NMOC emission rate report to comply with Code of Federal Regulations, title 40, section 60.757(b), must submit the initial NMOC emission rate report no later than the submittal of the next annual report required by part 7035.2585 or the submittal of the solid waste management facility permit application that proposes an increase in permitted capacity, whichever occurs earlier.
**Subp. 5. Compliance times for equipment installation.**
A. The owner or operator of a landfill that has:
B. The owner or operator of a landfill that has:
**Subp. 6. Exception to standard or compliance schedule.**
The owner or operator of a landfill seeking to apply a less stringent emission standard or longer compliance schedule than that specified in this part may submit a written request to the commissioner and the United States Environmental Protection Agency under Code of Federal Regulations, title 40, section 60.24(f).
**Subp. 7. NMOC emission rate estimations.**
The owner or operator of a landfill that has a landfill gas collection system in place on January 28, 1997, may comply with Code of Federal Regulations, title 40, section 60.754(a)(5), using the method in Code of Federal Regulations, title 40, section 60.754(b), if the owner or operator can demonstrate to the commissioner that the system effectively collects landfill gas from all gas-producing areas of the landfill and negative pressure can be maintained at each wellhead without excess air infiltration.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 993; 23 SR 2224; 44 SR 1030*
##### **Minn. R. 7011.3510** Incorporation by Reference; New Source Performance Standards; Municipal Solid Waste Landfills Existing on or After May 30, 1991 {#sec-7011.3510 omnilex-key=us-mn-regs-official--agency-167--7011.3510}
**Subpart 1.**
[Repealed, 44 SR 1030]
**Subp. 1a. Scope.**
The requirements of this part apply to the owner or operator of a landfill that began construction, modification, or reconstruction after May 30, 1991.
**Subp. 1b. Incorporation by reference.**
Code of Federal Regulations, title 40, part 60, subpart WWW, as amended, entitled "Standards of Performance for Municipal Solid Waste Landfills," is incorporated by reference.
**Subp. 2. Additional requirements.**
The owner or operator of a landfill subject to Code of Federal Regulations, title 40, part 60, subpart WWW, must additionally comply with part 7011.3505, subpart 4.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 993; 44 SR 1030*
##### **Minn. R. 7011.3515** Incorporation by Reference; New Source Performance Standards; Municipal Solid Waste Landfills Existing After July 17, 2014 {#sec-7011.3515 omnilex-key=us-mn-regs-official--agency-167--7011.3515}
**Subpart 1. Scope.**
The requirements of this part apply to the owner or operator of a landfill that began construction, modification, or reconstruction after July 17, 2014.
**Subp. 2. Incorporation by reference.**
Code of Federal Regulations, title 40, part 60, subpart XXX, as amended, entitled "Standards of Performance for Municipal Solid Waste Landfills that Commenced Construction, Reconstruction, or Modification after July 17, 2014," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030; 46 SR 1209*
##### **Minn. R. 7011.3520** [Repealed, 37 SR 991] {#sec-7011.3520 omnilex-key=us-mn-regs-official--agency-167--7011.3520}
[Repealed, 37 SR 991]
##### **Minn. R. 7011.3525** [Repealed, 46 SR 1209] {#sec-7011.3525 omnilex-key=us-mn-regs-official--agency-167--7011.3525}
[Repealed, 46 SR 1209]
##### **Minn. R. 7011.3530** Incorporation by Reference; Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction on or Before July 17, 2014, and Have Not Been Modified or Reconstructed Since July 17, 2014 {#sec-7011.3530 omnilex-key=us-mn-regs-official--agency-167--7011.3530}
**Subpart 1. Scope.**
The requirements of this part apply to the owner or operator of a landfill that began construction on or before July 17, 2014. Landfills that began construction, modification, or reconstruction after July 17, 2014, are subject to part 7011.3515.
**Subp. 2. Incorporation by reference.**
Code of Federal Regulations, title 40, part 62, subpart OOO, as amended, entitled "Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014" is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 46 SR 1209*
##### **Minn. R. 7011.7000** [Repealed, 44 SR 1030] {#sec-7011.7000 omnilex-key=us-mn-regs-official--agency-167--7011.7000}
[Repealed, 44 SR 1030]
##### **Minn. R. 7011.7030** [Repealed, L 2012 c 272 s 98] {#sec-7011.7030 omnilex-key=us-mn-regs-official--agency-167--7011.7030}
[Repealed, L 2012 c 272 s 98]
##### **Minn. R. 7011.7040** Incorporation by Reference; Emission Standards; Organic Hazardous Air Pollutants from Synthetic Organic Chemical Manufacturing Industry {#sec-7011.7040 omnilex-key=us-mn-regs-official--agency-167--7011.7040}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart F, as amended, entitled "National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry"; and
B. Code of Federal Regulations, title 40, part 63, subpart G, as amended, entitled "National Emission Standards for Organic Hazardous Air Pollutants From The Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7050** Incorporation by Reference; Emission Standards; Industrial, Commercial, and Institutional Boilers and Process Heaters; Major Sources {#sec-7011.7050 omnilex-key=us-mn-regs-official--agency-167--7011.7050}
Code of Federal Regulations, title 40, part 63, subpart DDDDD, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters," is incorporated by reference.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 39 SR 386; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.7055** Incorporation by Reference; Emission Standards; Industrial, Commercial, and Institutional Boilers; Area Sources {#sec-7011.7055 omnilex-key=us-mn-regs-official--agency-167--7011.7055}
Code of Federal Regulations, title 40, part 63, subpart JJJJJJ, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 44 SR 1030*
##### **Minn. R. 7011.7060** Incorporation by Reference; Emission Standards; Organic Hazardous Air Pollutants for Equipment Leaks {#sec-7011.7060 omnilex-key=us-mn-regs-official--agency-167--7011.7060}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart H, as amended, entitled "National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks"; and
B. Code of Federal Regulations, title 40, part 63, subpart I, as amended, entitled "National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7080** Incorporation by Reference; Emission Standards; Coke Oven Batteries {#sec-7011.7080 omnilex-key=us-mn-regs-official--agency-167--7011.7080}
Code of Federal Regulations, title 40, part 63, subpart L, as amended, entitled "National Emission Standards for Coke Oven Batteries," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7090** Incorporation by Reference; Emission Standards; Coke Ovens: Pushing, Quenching, and Battery Stacks {#sec-7011.7090 omnilex-key=us-mn-regs-official--agency-167--7011.7090}
Code of Federal Regulations, title 40, part 63, subpart CCCCC, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7100** Incorporation by Reference; Emission Standards; Perchloroethylene Dry Cleaning Facilities {#sec-7011.7100 omnilex-key=us-mn-regs-official--agency-167--7011.7100}
Code of Federal Regulations, title 40, part 63, subpart M, as amended, entitled "National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7120** Incorporation by Reference; Emission Standards; Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks {#sec-7011.7120 omnilex-key=us-mn-regs-official--agency-167--7011.7120}
Code of Federal Regulations, title 40, part 63, subpart N, as amended, entitled "National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7140** Incorporation by Reference; Emission Standards; Ethylene Oxide for Sterilizers {#sec-7011.7140 omnilex-key=us-mn-regs-official--agency-167--7011.7140}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart O, as amended, entitled "Ethylene Oxide Emissions Standards for Sterilization Facilities"; and
B. Code of Federal Regulations, title 40, part 63, subpart WWWWW, as amended, entitled "National Emission Standards for Hospital Ethylene Oxide Sterilizers."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7160** Incorporation by Reference; Emission Standards; Industrial Process Cooling Towers {#sec-7011.7160 omnilex-key=us-mn-regs-official--agency-167--7011.7160}
Code of Federal Regulations, title 40, part 63, subpart Q, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7180** Incorporation by Reference; Emission Standards; Gasoline Distribution {#sec-7011.7180 omnilex-key=us-mn-regs-official--agency-167--7011.7180}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart R, as amended, entitled "National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)"; and
B. Code of Federal Regulations, title 40, part 63, subpart BBBBBB, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7185** Incorporation by Reference; Emission Standards; Gasoline Dispensing Facilities {#sec-7011.7185 omnilex-key=us-mn-regs-official--agency-167--7011.7185}
Code of Federal Regulations, title 40, part 63, subpart CCCCCC, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 41 SR 763; 44 SR 1030*
##### **Minn. R. 7011.7200** Incorporation by Reference; Emission Standards; Halogenated Solvent Cleaning {#sec-7011.7200 omnilex-key=us-mn-regs-official--agency-167--7011.7200}
Code of Federal Regulations, title 40, part 63, subpart T, as amended, entitled "National Emission Standards for Halogenated Solvent Cleaning," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7220** [Repealed, 28 SR 1482] {#sec-7011.7220 omnilex-key=us-mn-regs-official--agency-167--7011.7220}
[Repealed, 28 SR 1482]
##### **Minn. R. 7011.7235** Incorporation by Reference; Emission Standards; Primary Lead Smelting {#sec-7011.7235 omnilex-key=us-mn-regs-official--agency-167--7011.7235}
Code of Federal Regulations, title 40, part 63, subpart TTT, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7240** Incorporation by Reference; Emission Standards; Secondary Lead Smelting {#sec-7011.7240 omnilex-key=us-mn-regs-official--agency-167--7011.7240}
Code of Federal Regulations, title 40, part 63, subpart X, as amended, entitled "National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7260** Incorporation by Reference; Emission Standards; Marine Tank Vessel Loading Operations {#sec-7011.7260 omnilex-key=us-mn-regs-official--agency-167--7011.7260}
Code of Federal Regulations, title 40, part 63, subpart Y, as amended, entitled "National Emission Standards for Marine Tank Vessel Loading Operations," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7280** Incorporation by Reference; Emission Standards; Petroleum Refineries {#sec-7011.7280 omnilex-key=us-mn-regs-official--agency-167--7011.7280}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart CC, as amended, entitled "National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries"; and
B. Code of Federal Regulations, title 40, part 63, subpart UUU, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7290** Incorporation by Reference; Emission Standards; Oil and Natural Gas Production, Transmission, and Storage {#sec-7011.7290 omnilex-key=us-mn-regs-official--agency-167--7011.7290}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart HH, as amended, entitled "National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities"; and
B. Code of Federal Regulations, title 40, part 63, subpart HHH, as amended, entitled "National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Storage Facilities."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7300** Incorporation by Reference; Emission Standards; Magnetic Tape Manufacturing Operations {#sec-7011.7300 omnilex-key=us-mn-regs-official--agency-167--7011.7300}
Code of Federal Regulations, title 40, part 63, subpart EE, as amended, entitled "National Emission Standards for Magnetic Tape Manufacturing Operations," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7320** Incorporation by Reference; Emission Standards; Aerospace Manufacturing and Rework Facilities {#sec-7011.7320 omnilex-key=us-mn-regs-official--agency-167--7011.7320}
Code of Federal Regulations, title 40, part 63, subpart GG, as amended, entitled "National Emission Standards for Aerospace Manufacturing and Rework Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 2254(NO. 42); 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7340** Incorporation by Reference; Emission Standards; Wood Furniture Manufacturing Operations {#sec-7011.7340 omnilex-key=us-mn-regs-official--agency-167--7011.7340}
Code of Federal Regulations, title 40, part 63, subpart JJ, as amended, entitled "National Emission Standards for Wood Furniture Manufacturing Operations," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1877; 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7360** Incorporation by Reference; Emission Standards; Shipbuilding and Ship Repair Operations {#sec-7011.7360 omnilex-key=us-mn-regs-official--agency-167--7011.7360}
Code of Federal Regulations, title 40, part 63, subpart II, as amended, entitled "National Emission Standards for Shipbuilding and Ship Repair (Surface Coating)," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1877; 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7370** Incorporation by Reference; Emission Standards; Boat Manufacturing {#sec-7011.7370 omnilex-key=us-mn-regs-official--agency-167--7011.7370}
Code of Federal Regulations, title 40, part 63, subpart VVVV, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7380** Incorporation by Reference; Emission Standards; Printing and Publishing Industry {#sec-7011.7380 omnilex-key=us-mn-regs-official--agency-167--7011.7380}
Code of Federal Regulations, title 40, part 63, subpart KK, as amended, entitled "National Emission Standards for the Printing and Publishing Industry," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1877; 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7385** Incorporation by Reference; Emission Standards; Paper and Other Web Coating {#sec-7011.7385 omnilex-key=us-mn-regs-official--agency-167--7011.7385}
Code of Federal Regulations, title 40, part 63, subpart JJJJ, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7390** Incorporation by Reference; Emission Standards; Municipal Solid Waste Landfills {#sec-7011.7390 omnilex-key=us-mn-regs-official--agency-167--7011.7390}
Code of Federal Regulations, title 40, part 63, subpart AAAA, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7400** Incorporation by Reference; Emission Standards; Off-Site Waste Operations {#sec-7011.7400 omnilex-key=us-mn-regs-official--agency-167--7011.7400}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart DD, as amended, entitled "National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations";
B. Code of Federal Regulations, title 40, part 63, subpart OO, as amended, entitled "National Emission Standards for Tanks-Level 1";
C. Code of Federal Regulations, title 40, part 63, subpart PP, as amended, entitled "National Emission Standards for Containers";
D. Code of Federal Regulations, title 40, part 63, subpart QQ, as amended, entitled "National Emission Standards for Surface Impoundments";
E. Code of Federal Regulations, title 40, part 63, subpart RR, as amended, entitled "National Emission Standards for Individual Drain Systems"; and
F. Code of Federal Regulations, title 40, part 63, subpart VV, as amended, entitled "National Emission Standards for Oil-Water Separators and Organic-Water Separators."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1877; 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7410** Incorporation by Reference; Emission Standards; Hazardous Waste Combustion {#sec-7011.7410 omnilex-key=us-mn-regs-official--agency-167--7011.7410}
Code of Federal Regulations, title 40, part 63, subpart EEE, as amended, entitled "National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7420** Incorporation by Reference; Emission Standards; Polymers and Resins {#sec-7011.7420 omnilex-key=us-mn-regs-official--agency-167--7011.7420}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Group I polymers and resins. Code of Federal Regulations, title 40, part 63, subpart U, as amended, entitled "National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins";
B. Group II polymers and resins. Code of Federal Regulations, title 40, part 63, subpart W, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production";
C. Group III polymers and resins. Code of Federal Regulations, title 40, part 63, subpart OOO, as amended, entitled "National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins"; and
D. Group IV polymers and resins. Code of Federal Regulations, title 40, part 63, subpart JJJ, as amended, entitled "National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 22 SR 1877; 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7440** [Repealed, 28 SR 1482] {#sec-7011.7440 omnilex-key=us-mn-regs-official--agency-167--7011.7440}
[Repealed, 28 SR 1482]
##### **Minn. R. 7011.7460** Incorporation by Reference; Emission Standards; Ferroalloys Production {#sec-7011.7460 omnilex-key=us-mn-regs-official--agency-167--7011.7460}
Code of Federal Regulations, title 40, part 63, subpart XXX, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7480** Incorporation by Reference; Emission Standards; Flexible Polyurethane Foam Production {#sec-7011.7480 omnilex-key=us-mn-regs-official--agency-167--7011.7480}
Code of Federal Regulations, title 40, part 63, subpart III, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7485** Incorporation by Reference; Emission Standards; Flexible Polyurethane Foam Production and Fabrication Operations {#sec-7011.7485 omnilex-key=us-mn-regs-official--agency-167--7011.7485}
The following national air emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart MMMMM, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations"; and
B. Code of Federal Regulations, title 40, part 63, subpart OOOOOO, as amended, entitled "National Emission Standards for Hazardous Air Pollutants Flexible Polyurethane Foam Production and Fabrication Area Sources."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7520** Incorporation by Reference; Emission Standards; Mineral Wool Production {#sec-7011.7520 omnilex-key=us-mn-regs-official--agency-167--7011.7520}
Code of Federal Regulations, title 40, part 63, subpart DDD, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7560** Incorporation by Reference; Emission Standards; Pesticide Active Ingredient Production {#sec-7011.7560 omnilex-key=us-mn-regs-official--agency-167--7011.7560}
Code of Federal Regulations, title 40, part 63, subpart MMM, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7580** Incorporation by Reference; Emission Standards; Pharmaceuticals Production {#sec-7011.7580 omnilex-key=us-mn-regs-official--agency-167--7011.7580}
Code of Federal Regulations, title 40, part 63, subpart GGG, as amended, entitled "National Emission Standards for Pharmaceuticals Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7600** Incorporation by Reference; Emission Standards; Phosphoric Acid Manufacturing and Phosphate Fertilizers Production {#sec-7011.7600 omnilex-key=us-mn-regs-official--agency-167--7011.7600}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart AA, as amended, entitled "National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants"; and
B. Code of Federal Regulations, title 40, part 63, subpart BB, as amended, entitled "National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production Plants."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7610** Incorporation by Reference; Emission Standards; Hydrochloric Acid Production {#sec-7011.7610 omnilex-key=us-mn-regs-official--agency-167--7011.7610}
Code of Federal Regulations, title 40, part 63, subpart NNNNN, as amended, entitled "National Emission Standards for Hazardous Air Pollutant Emissions: Hydrochloric Acid Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7620** Incorporation by Reference; Emission Standards; Polyether Polyols Production {#sec-7011.7620 omnilex-key=us-mn-regs-official--agency-167--7011.7620}
Code of Federal Regulations, title 40, part 63, subpart PPP, as amended, entitled "National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7640** Incorporation by Reference; Emission Standards; Portland Cement Manufacturing {#sec-7011.7640 omnilex-key=us-mn-regs-official--agency-167--7011.7640}
Code of Federal Regulations, title 40, part 63, subpart LLL, as amended, entitled "National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7650** Incorporation by Reference; Emission Standards; Primary Copper Smelting {#sec-7011.7650 omnilex-key=us-mn-regs-official--agency-167--7011.7650}
Code of Federal Regulations, title 40, part 63, subpart QQQ, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7660** Incorporation by Reference; Emission Standards; Primary Aluminum Production {#sec-7011.7660 omnilex-key=us-mn-regs-official--agency-167--7011.7660}
Code of Federal Regulations, title 40, part 63, subpart LL, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7665** Incorporation by Reference; Emission Standards; Secondary Aluminum Production {#sec-7011.7665 omnilex-key=us-mn-regs-official--agency-167--7011.7665}
Code of Federal Regulations, title 40, part 63, subpart RRR, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7670** Incorporation by Reference; Emission Standards; Steel Pickling - Hydrochloric Acid Process {#sec-7011.7670 omnilex-key=us-mn-regs-official--agency-167--7011.7670}
Code of Federal Regulations, title 40, part 63, subpart CCC, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Steel Pickling - HCI Process Facilities and Hydrochloric Acid Regeneration Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7675** Incorporation by Reference; Emission Standards; Integrated Iron and Steel Manufacturing Facilities {#sec-7011.7675 omnilex-key=us-mn-regs-official--agency-167--7011.7675}
Code of Federal Regulations, title 40, part 63, subpart FFFFF, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7680** Incorporation by Reference; Emission Standards; Publicly Owned Treatment Works {#sec-7011.7680 omnilex-key=us-mn-regs-official--agency-167--7011.7680}
Code of Federal Regulations, title 40, part 63, subpart VVV, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7700** Incorporation by Reference; Emission Standards; Pulp and Paper Production {#sec-7011.7700 omnilex-key=us-mn-regs-official--agency-167--7011.7700}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart S, as amended, entitled "National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry"; and
B. Code of Federal Regulations, title 40, part 63, subpart MM, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7720** Incorporation by Reference; Emission Standards; Wet-Formed Fiberglass Mat Production {#sec-7011.7720 omnilex-key=us-mn-regs-official--agency-167--7011.7720}
Code of Federal Regulations, title 40, part 63, subpart HHHH, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7730** Incorporation by Reference; Emission Standards; Wool Fiberglass Manufacturing {#sec-7011.7730 omnilex-key=us-mn-regs-official--agency-167--7011.7730}
Code of Federal Regulations, title 40, part 63, subpart NNN, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7740** Incorporation by Reference; Emission Standards; Cellulose Products Manufacturing {#sec-7011.7740 omnilex-key=us-mn-regs-official--agency-167--7011.7740}
Code of Federal Regulations, title 40, part 63, subpart UUUU, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7760** Incorporation by Reference; Emission Standards; Leather Finishing Operations {#sec-7011.7760 omnilex-key=us-mn-regs-official--agency-167--7011.7760}
Code of Federal Regulations, title 40, part 63, subpart TTTT, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7770** Incorporation by Reference; Emission Standards; Printing, Coating, and Dyeing of Fabrics and Other Textiles {#sec-7011.7770 omnilex-key=us-mn-regs-official--agency-167--7011.7770}
Code of Federal Regulations, title 40, part 63, subpart OOOO, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7780** Incorporation by Reference; Emission Standards; Manufacturing Nutritional Yeast {#sec-7011.7780 omnilex-key=us-mn-regs-official--agency-167--7011.7780}
Code of Federal Regulations, title 40, part 63, subpart CCCC, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7800** Incorporation by Reference; Emission Standards; Reinforced Plastic Composites Production {#sec-7011.7800 omnilex-key=us-mn-regs-official--agency-167--7011.7800}
Code of Federal Regulations, title 40, part 63, subpart WWWW, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7820** Incorporation by Reference; Emission Standards; Polyvinyl Chloride and Copolymers Production {#sec-7011.7820 omnilex-key=us-mn-regs-official--agency-167--7011.7820}
Code of Federal Regulations, title 40, part 63, subpart J, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7840** Incorporation by Reference; Emission Standards; Solvent Extraction for Vegetable Oil Production {#sec-7011.7840 omnilex-key=us-mn-regs-official--agency-167--7011.7840}
Code of Federal Regulations, title 40, part 63, subpart GGGG, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7860** Incorporation by Reference; Emission Standards; Rubber Tire Manufacturing {#sec-7011.7860 omnilex-key=us-mn-regs-official--agency-167--7011.7860}
Code of Federal Regulations, title 40, part 63, subpart XXXX, as amended, entitled "National Emissions Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7880** Incorporation by Reference; Emission Standards; Friction Materials Manufacturing Facilities {#sec-7011.7880 omnilex-key=us-mn-regs-official--agency-167--7011.7880}
Code of Federal Regulations, title 40, part 63, subpart QQQQQ, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7900** Incorporation by Reference; Emission Standards; Surface Coating of Large Appliances {#sec-7011.7900 omnilex-key=us-mn-regs-official--agency-167--7011.7900}
Code of Federal Regulations, title 40, part 63, subpart NNNN, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7905** Incorporation by Reference; Emission Standards; Surface Coating of Metal Coil {#sec-7011.7905 omnilex-key=us-mn-regs-official--agency-167--7011.7905}
Code of Federal Regulations, title 40, part 63, subpart SSSS, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7910** Incorporation by Reference; Emission Standards; Surface Coating of Metal Furniture {#sec-7011.7910 omnilex-key=us-mn-regs-official--agency-167--7011.7910}
Code of Federal Regulations, title 40, part 63, subpart RRRR, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7920** Incorporation by Reference; Emission Standards; Refractory Products Manufacturing {#sec-7011.7920 omnilex-key=us-mn-regs-official--agency-167--7011.7920}
Code of Federal Regulations, title 40, part 63, subpart SSSSS, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7930** Incorporation by Reference; Emission Standards; Brick and Structural Clay Products Manufacturing {#sec-7011.7930 omnilex-key=us-mn-regs-official--agency-167--7011.7930}
Code of Federal Regulations, title 40, part 63, subpart JJJJJ, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7935** Incorporation by Reference; Emission Standards; Clay Ceramics Manufacturing {#sec-7011.7935 omnilex-key=us-mn-regs-official--agency-167--7011.7935}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart KKKKK, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing"; and
B. Code of Federal Regulations, title 40, part 63, subpart RRRRRR, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7940** Incorporation by Reference; Emission Standards; Asphalt Processing and Asphalt Roofing Manufacturing {#sec-7011.7940 omnilex-key=us-mn-regs-official--agency-167--7011.7940}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart LLLLL, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing"; and
B. Code of Federal Regulations, title 40, part 63, subpart AAAAAAA, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7960** Incorporation by Reference; Emission Standards; Semiconductor Manufacturing {#sec-7011.7960 omnilex-key=us-mn-regs-official--agency-167--7011.7960}
Code of Federal Regulations, title 40, part 63, subpart BBBBB, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.7980** Incorporation by Reference; Emission Standards; Engine Test Cells/Stands {#sec-7011.7980 omnilex-key=us-mn-regs-official--agency-167--7011.7980}
Code of Federal Regulations, title 40, part 63, subpart PPPPP, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.8000** Incorporation by Reference; Emission Standards; Surface Coating of Wood Building Products {#sec-7011.8000 omnilex-key=us-mn-regs-official--agency-167--7011.8000}
Code of Federal Regulations, title 40, part 63, subpart QQQQ, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 44 SR 1030*
##### **Minn. R. 7011.8010** Incorporation by Reference; Emission Standards; Site Remediation {#sec-7011.8010 omnilex-key=us-mn-regs-official--agency-167--7011.8010}
Code of Federal Regulations, title 40, part 63, subpart GGGGG, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Site Remediation," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8020** Incorporation by Reference; Emission Standards; Primary Magnesium Refining {#sec-7011.8020 omnilex-key=us-mn-regs-official--agency-167--7011.8020}
Code of Federal Regulations, title 40, part 63, subpart TTTTT, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8030** Incorporation by Reference; Emission Standards; Taconite Iron Ore Processing {#sec-7011.8030 omnilex-key=us-mn-regs-official--agency-167--7011.8030}
Code of Federal Regulations, title 40, part 63, subpart RRRRR, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8040** Incorporation by Reference; Emission Standards; Iron and Steel Foundries {#sec-7011.8040 omnilex-key=us-mn-regs-official--agency-167--7011.8040}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart EEEEE, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries"; and
B. Code of Federal Regulations, title 40, part 63, subpart ZZZZZ, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8050** Incorporation by Reference; Emission Standards; Miscellaneous Organic Chemical Manufacturing {#sec-7011.8050 omnilex-key=us-mn-regs-official--agency-167--7011.8050}
Code of Federal Regulations, title 40, part 63, subpart FFFF, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8060** Incorporation by Reference; Emission Standards; Surface Coating of Metal Cans {#sec-7011.8060 omnilex-key=us-mn-regs-official--agency-167--7011.8060}
Code of Federal Regulations, title 40, part 63, subpart KKKK, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8070** Incorporation by Reference; Emission Standards; Miscellaneous Coating Manufacturing {#sec-7011.8070 omnilex-key=us-mn-regs-official--agency-167--7011.8070}
Code of Federal Regulations, title 40, part 63, subpart HHHHH, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8080** Incorporation by Reference; Emission Standards; Mercury Emissions from Mercury Cell Chlor-Alkali Plants {#sec-7011.8080 omnilex-key=us-mn-regs-official--agency-167--7011.8080}
Code of Federal Regulations, title 40, part 63, subpart IIIII, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8090** Incorporation by Reference; Emission Standards; Surface Coating of Miscellaneous Metal Parts and Products {#sec-7011.8090 omnilex-key=us-mn-regs-official--agency-167--7011.8090}
Code of Federal Regulations, title 40, part 63, subpart MMMM, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8100** Incorporation by Reference; Emission Standards; Lime Manufacturing Plants {#sec-7011.8100 omnilex-key=us-mn-regs-official--agency-167--7011.8100}
Code of Federal Regulations, title 40, part 63, subpart AAAAA, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8110** Incorporation by Reference; Emission Standards; Organic Liquids Distribution (nongasoline) {#sec-7011.8110 omnilex-key=us-mn-regs-official--agency-167--7011.8110}
Code of Federal Regulations, title 40, part 63, subpart EEEE, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8120** Incorporation by Reference; Emission Standards; Stationary Combustion Turbines {#sec-7011.8120 omnilex-key=us-mn-regs-official--agency-167--7011.8120}
Code of Federal Regulations, title 40, part 63, subpart YYYY, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8130** Incorporation by Reference; Emission Standards; Surface Coating of Plastic Parts and Products {#sec-7011.8130 omnilex-key=us-mn-regs-official--agency-167--7011.8130}
Code of Federal Regulations, title 40, part 63, subpart PPPP, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8140** Incorporation by Reference; Emission Standards; Surface Coating of Automobiles and Light-Duty Trucks {#sec-7011.8140 omnilex-key=us-mn-regs-official--agency-167--7011.8140}
Code of Federal Regulations, title 40, part 63, subpart IIII, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8150** Incorporation by Reference; Emission Standards; Stationary Reciprocating Internal Combustion Engines {#sec-7011.8150 omnilex-key=us-mn-regs-official--agency-167--7011.8150}
Code of Federal Regulations, title 40, part 63, subpart ZZZZ, as amended, entitled "National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8160** Incorporation by Reference; Emission Standards; Plywood and Composite Wood Products {#sec-7011.8160 omnilex-key=us-mn-regs-official--agency-167--7011.8160}
Code of Federal Regulations, title 40, part 63, subpart DDDD, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 32 SR 904; 44 SR 1030*
##### **Minn. R. 7011.8170** [Repealed, 44 SR 1030] {#sec-7011.8170 omnilex-key=us-mn-regs-official--agency-167--7011.8170}
[Repealed, 44 SR 1030]
##### **Minn. R. 7011.8190** Incorporation by Reference; Emission Standards; Closed Vent Systems, Control Devices, Recovery Devices and Routing to Fuel Gas System or Process {#sec-7011.8190 omnilex-key=us-mn-regs-official--agency-167--7011.8190}
Code of Federal Regulations, title 40, part 63, subpart SS, as amended, entitled "National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8200** Incorporation by Reference; Emission Standards; Equipment Leaks {#sec-7011.8200 omnilex-key=us-mn-regs-official--agency-167--7011.8200}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 63, subpart TT, as amended, entitled "National Emission Standards for Equipment Leaks - Control Level 1"; and
B. Code of Federal Regulations, title 40, part 63, subpart UU, as amended, entitled "National Emission Standards for Equipment Leaks - Control Level 2 Standards."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8205** Incorporation by Reference; Emission Standards; Storage Vessels (tanks) - Control Level 2 {#sec-7011.8205 omnilex-key=us-mn-regs-official--agency-167--7011.8205}
Code of Federal Regulations, title 40, part 63, subpart WW, as amended, entitled "National Emission Standards for Storage Vessels (Tanks) - Control Level 2," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8210** Incorporation by Reference; Emission Standards; Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations {#sec-7011.8210 omnilex-key=us-mn-regs-official--agency-167--7011.8210}
Code of Federal Regulations, title 40, part 63, subpart XX, as amended, entitled "National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8215** Incorporation by Reference; Emission Standards; Electric Arc Furnace Steelmaking Facilities {#sec-7011.8215 omnilex-key=us-mn-regs-official--agency-167--7011.8215}
Code of Federal Regulations, title 40, part 63, subpart YYYYY, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8220** Incorporation by Reference; Emission Standards; Paint Stripping and Miscellaneous Surface Coating Operations; Area Sources {#sec-7011.8220 omnilex-key=us-mn-regs-official--agency-167--7011.8220}
Code of Federal Regulations, title 40, part 63, subpart HHHHHH, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8225** Incorporation by Reference; Emission Standards; Lead Acid Battery Manufacturing {#sec-7011.8225 omnilex-key=us-mn-regs-official--agency-167--7011.8225}
Code of Federal Regulations, title 40, part 63, subpart PPPPPP, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8230** Incorporation by Reference; Emission Standards; Wood Preserving; Area Sources {#sec-7011.8230 omnilex-key=us-mn-regs-official--agency-167--7011.8230}
Code of Federal Regulations, title 40, part 63, subpart QQQQQQ, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8235** Incorporation by Reference; Emission Standards; Glass Manufacturing Area Sources {#sec-7011.8235 omnilex-key=us-mn-regs-official--agency-167--7011.8235}
Code of Federal Regulations, title 40, part 63, subpart SSSSSS, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8240** Incorporation by Reference; Emission Standards; Secondary Nonferrous Metals Processing Area Sources {#sec-7011.8240 omnilex-key=us-mn-regs-official--agency-167--7011.8240}
Code of Federal Regulations, title 40, part 63, subpart TTTTTT, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8245** Incorporation by Reference; Emissions Standards; Chemical Manufacturing Area Sources {#sec-7011.8245 omnilex-key=us-mn-regs-official--agency-167--7011.8245}
Code of Federal Regulations, title 40, part 63, subpart VVVVVV, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8250** Incorporation by Reference; Emission Standards; Area Source Standards for Plating and Polishing Operations {#sec-7011.8250 omnilex-key=us-mn-regs-official--agency-167--7011.8250}
Code of Federal Regulations, title 40, part 63, subpart WWWWWW, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8255** Incorporation by Reference; Emission Standards; Metal Fabrication and Finishing {#sec-7011.8255 omnilex-key=us-mn-regs-official--agency-167--7011.8255}
Code of Federal Regulations, title 40, part 63, subpart XXXXXX, as amended, entitled "National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8260** Incorporation by Reference; Emission Standards; Ferroalloys Production Facilities {#sec-7011.8260 omnilex-key=us-mn-regs-official--agency-167--7011.8260}
Code of Federal Regulations, title 40, part 63, subpart YYYYYY, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8265** Incorporation by Reference; Emission Standards; Aluminum, Copper, and Other Nonferrous Foundries {#sec-7011.8265 omnilex-key=us-mn-regs-official--agency-167--7011.8265}
Code of Federal Regulations, title 40, part 63, subpart ZZZZZZ, as amended, entitled "National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8270** Incorporation by Reference; Emission Standards; Chemical Preparations Industry {#sec-7011.8270 omnilex-key=us-mn-regs-official--agency-167--7011.8270}
Code of Federal Regulations, title 40, part 63, subpart BBBBBBB, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8275** Incorporation by Reference; Emission Standards; Paints and Allied Products Manufacturing {#sec-7011.8275 omnilex-key=us-mn-regs-official--agency-167--7011.8275}
Code of Federal Regulations, title 40, part 63, subpart CCCCCCC, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied Products Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.8280** Incorporation by Reference; Emission Standards; Prepared Feeds Manufacturing {#sec-7011.8280 omnilex-key=us-mn-regs-official--agency-167--7011.8280}
Code of Federal Regulations, title 40, part 63, subpart DDDDDDD, as amended, entitled "National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7011.9900** [Repealed, 44 SR 1030] {#sec-7011.9900 omnilex-key=us-mn-regs-official--agency-167--7011.9900}
[Repealed, 44 SR 1030]
##### **Minn. R. 7011.9910** Incorporation by Reference; Emission Standards; Arsenic {#sec-7011.9910 omnilex-key=us-mn-regs-official--agency-167--7011.9910}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 61, subpart N, as amended, entitled "National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants," except that the authorities identified under Code of Federal Regulations, title 40, section 61.164(a)(2) and (a)(3), are not delegated to the commissioner and are retained by the administrator;
B. Code of Federal regulations, title 40, part 61, subpart O, as amended, entitled "National Emission Standard for Inorganic Arsenic Emissions from Primary Copper Smelters," except that the authorities identified under Code of Federal Regulations, title 40, sections 61.172(b)(2)(ii)(B) and (b)(2)(ii)(C) and 61.174(a)(2) and (a)(3), are not delegated to the commissioner and are retained by the administrator; and
C. Code of Federal Regulations, title 40, part 61, subpart P, as amended, entitled "National Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.9920** Incorporation by Reference; Emission Standards; Asbestos {#sec-7011.9920 omnilex-key=us-mn-regs-official--agency-167--7011.9920}
Code of Federal Regulations, title 40, part 61, subpart M, as amended, entitled "National Emission Standard for Asbestos," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.9921** Definitions {#sec-7011.9921 omnilex-key=us-mn-regs-official--agency-167--7011.9921}
**Subpart 1. Scope.**
The terms in this part have the meanings given for the purposes of parts 7011.9921 to 7011.9927.
**Subp. 2. Air flow permeability.**
"Air flow permeability" means the volumetric rate of air flow in cfm, produced by a pressure decrease of 0.5 inches water gage across a new, clean filtering fabric, divided by the area of the fabric in ft2.
**Subp. 3.**
[Repealed, 44 SR 1030]
**Subp. 4. Asbestos.**
"Asbestos" means any of six naturally occurring, hydrated mineral silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite.
**Subp. 4a.**
[Repealed, 44 SR 1030]
**Subp. 5. Debris.**
"Debris" means waste produced by demolishing a building or structure.
**Subp. 6.**
[Repealed by amendment, L 1987 c 186 s 15]
**Subp. 7. Local exhaust ventilation system.**
"Local exhaust ventilation system" means a system that captures particulate matter generated by a process by applying an air stream induced at the process and that has a device that encloses the process, partially encloses the process, or guides the capturing air flow at the process.
**Subp. 8. Manufacturing operation.**
"Manufacturing operation" means the processing of asbestos or the production of a product containing asbestos, with the exception of a process in which an asbestos-containing material is sprayed.
**Subp. 9.**
[Repealed, 44 SR 1030]
**Subp. 10. Spraying.**
"Spraying" means any operation in which material is conveyed in the form of, or by the means of, a fluid stream from an application device to a receiving surface.
**Subp. 11. Visible emission.**
"Visible emission" means any emission that is visually detectable.
**Subp. 12.**
[Repealed, 44 SR 1030]
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 44 SR 1030*
##### **Minn. R. 7011.9922** Manufacturing Operations {#sec-7011.9922 omnilex-key=us-mn-regs-official--agency-167--7011.9922}
**Subpart 1. Emissions from local exhaust ventilation system.**
Emissions of particulate matter to the atmosphere from a local exhaust ventilation system in a building, structure, facility, or installation within which any manufacturing operation is carried on must not exceed the amount that would be emitted if the emissions were treated in a fabric filter installation as described in part 7011.9925.
**Subp. 2. Other emissions.**
All other visible emissions of particulate matter to the atmosphere from a building, structure, facility, or installation within which any manufacturing operation is carried on must not exceed the amount that would be emitted if the emissions were treated in a fabric filter installation as described in part 7011.9925.
**Subp. 3. Emissions externally generated.**
Visible emissions of particulate matter to the atmosphere from any manufacturing operation located outside a building, structure, facility, or installation are prohibited.
**Subp. 4. Design and operation requirements.**
The design and operation of ventilation devices in ventilation systems must conform with ANSI Z9.2, Fundamentals Governing the Design and Operation of Local Exhaust Ventilation Systems (2012), published by the American National Standards Institute. The standard is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 44 SR 1030*
##### **Minn. R. 7011.9923** Spraying {#sec-7011.9923 omnilex-key=us-mn-regs-official--agency-167--7011.9923}
**Subpart 1. Open area.**
The spraying in any area open to the outdoor atmosphere of any acoustical insulating, thermal insulating, or fireproofing product that contains asbestos is prohibited.
**Subp. 2. Emissions to outdoor atmosphere.**
Emissions to the outdoor atmosphere of particulate matter from spraying any acoustical insulating, thermal insulating, or fireproofing product that contains asbestos, if the spraying is not otherwise prohibited by law, must not exceed the amounts that would be emitted to the atmosphere if the area containing the emissions were treated by a fabric filter installation as described in part 7011.9925.
**Subp. 3. Detectable amount of asbestos.**
A product is deemed to contain asbestos if a detectable amount of asbestos is in the product or in any material that goes into the product. "Detectable amount of asbestos" means an amount detectable by x-ray diffraction, petrographic optical microscopy, or any other method approved by the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 44 SR 1030*
##### **Minn. R. 7011.9924** [Repealed, 18 SR 580] {#sec-7011.9924 omnilex-key=us-mn-regs-official--agency-167--7011.9924}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9925** Fabric Filter Specifications {#sec-7011.9925 omnilex-key=us-mn-regs-official--agency-167--7011.9925}
**Subpart 1. Requirements.**
Fabric filter collection devices referred to in parts 7011.9922, subparts 1 and 2, and 7011.9923, subpart 2, must be operated at not more than four inches water gage pressure decrease as measured across the filter fabric. No bypass devices are permitted. The collection devices must be equipped with either of the following classes of fabrics:
A. woven fabrics that have an air flow permeability not exceeding 30 cfm/ft2and that, if constructed of synthetic materials, contain no fill yarn other than spun yarn; or
B. felted fabrics that have an average density of not less than 14 oz/yd2, an average thickness of not less than 1/16 inch, and an air flow permeability of not more than 35 cfm/ft2.
**Subp. 2. Failure to meet requirements.**
Fabric filter devices do not meet the requirements of this part if any of the following conditions exist: leakage of gases that contain particulate matter from the control system before filtration; torn or ruptured bags; improperly positioned bags; badly worn or threadbare bags; or presence of visible emissions of particulate matter when collection hoppers are emptied.
**Subp. 3. Air flow permeability.**
Tests of air flow permeability must be performed as specified in ASTM D737-18, Standard Test Method for Air Permeability of Textile Fabrics (2018), published by ASTM International. The test method is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614; 44 SR 1030*
##### **Minn. R. 7011.9926** Substitute Devices for Fabric Filters {#sec-7011.9926 omnilex-key=us-mn-regs-official--agency-167--7011.9926}
**Subpart 1. Wet collectors.**
Where an owner or operator deems that the use of fabric filter installations for operations subject to parts 7011.9922, subparts 1 and 2 and 7011.9923, subpart 2 would create a fire or explosive hazard, application for approval to use wet collectors shall be made to the commissioner. Such application shall include sufficient information to demonstrate that fabric filters cannot be used. The commissioner shall authorize the use of wet collectors if the commissioner determines that fabric filters cannot be used.
Wet collectors must be operated with a unit contacting energy of not less than 40 inches water gage. Unit contacting energy is the sum of the gas static pressure head decrease across the contact chamber of the collector, the energy per unit weight of gas handled which is required to introduce scrubbing liquid into the contact chamber, and the shaft energy per unit weight of gas handled which is applied to effect contact between the scrubbing liquid and the gas stream. No bypass devices are permitted.
Wet collectors do not meet the requirements of this subpart if either of the following conditions exist:
A. leakage of gases, containing particulate matter, from the control system prior to passage through the wet collector; or
B. operation at a gas static pressure head decrease, a scrubbing medium flow rate, or a mechanical energy level less than specified by the manufacturer for optimum collection efficiency.
**Subp. 2. Other control equipment.**
Compliance with any applicable provision of parts 7011.9921 to 7011.9927 which refers to a control equipment specification shall be demonstrated in accordance with this part if the referenced control equipment is not used.
A. The owner or operator of the emissions unit, or vendor of emission control equipment, shall make available to the commissioner sufficient information as may be required to demonstrate that the substitute equipment will provide the degree of emission control which, in the judgment of the commissioner, is at least as stringent as that which would be achieved by using the equipment specified in the applicable standard. To the maximum extent practicable, the determination of equivalent degree of emission control will be based upon operation at the actual conditions at which the substitute device is, or will be, operated on the emissions unit. Factors which will be considered include, but are not limited to, total mass collection efficiency, collection efficiency versus particle size reliability, and maintenance practices associated with proper operation of the substitute device. The method used to determine the total mass collection efficiency and particle size distribution must be approved by the commissioner.
B. The owner or operator of the emissions unit, or vendor of emission control equipment, shall submit to the commissioner performance data including, but not limited to, total mass collection efficiency and collection efficiency versus particle size of the substitute control device under actual operating conditions which are representative of those of the existing or planned operating conditions.
C. In cases for which it is not reasonable, in the judgment of the commissioner, to require an owner or operator, or vendor of emission control equipment, to submit performance data which are based upon actual operating conditions which are representative thereof, the owner or operator, or vendor of emission control equipment, shall submit to the commissioner performance data on comparative tests, using subtle standard test aerosols, of the substitute device and the device specified by the applicable standard. The performance data shall include, but is not limited to, the total mass collection efficiency and the collection efficiency versus particle size of the substitute device and the device specified by the applicable standard.
**Subp. 3. Collection efficiency of substitute devices for fabric filters.**
The total mass collection efficiency of any substitute device for a fabric filter shall not be less than 99.9 percent.
The total mass collection efficiency of any substitute device for a wet collector shall not be less than 99.5 percent.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 13 SR 2154; 18 SR 614*
##### **Minn. R. 7011.9927** Installing and Operating Control Equipment {#sec-7011.9927 omnilex-key=us-mn-regs-official--agency-167--7011.9927}
Whenever a fabric filter, wet collector, or other control device is required by parts 7011.9921 to 7011.9927, the filter, collector, or other device shall be properly installed, used, and maintained at all times during the operation of the asbestos generating facility.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7011.9930** Incorporation by Reference; Emission Standards; Benzene {#sec-7011.9930 omnilex-key=us-mn-regs-official--agency-167--7011.9930}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 61, subpart J, as amended, entitled "National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene," except that the authorities identified in Code of Federal Regulations, title 40, section 61.112(c), are not delegated to the commissioner and are retained by the administrator;
B. Code of Federal Regulations, title 40, part 61, subpart L, as amended, entitled "National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants";
C. Code of Federal Regulations, title 40, part 61, subpart Y, as amended, entitled "National Emission Standard for Benzene Emissions from Benzene Storage Vessels";
D. Code of Federal Regulations, title 40, part 61, subpart BB, as amended, entitled "National Emission Standard for Benzene Emissions from Benzene Transfer Operations"; and
E. Code of Federal Regulations, title 40, part 61, subpart FF, as amended, entitled "National Emission Standard for Benzene Waste Operations."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.9940** Incorporation by Reference; Emission Standards; Beryllium {#sec-7011.9940 omnilex-key=us-mn-regs-official--agency-167--7011.9940}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 61, subpart C, as amended, entitled "National Emission Standard for Beryllium"; and
B. Code of Federal Regulations, title 40, part 61, subpart D, as amended, entitled "National Emission Standard for Beryllium Rocket Motor Firing."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.9941** [Repealed, 18 SR 580] {#sec-7011.9941 omnilex-key=us-mn-regs-official--agency-167--7011.9941}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9942** [Repealed, 18 SR 580] {#sec-7011.9942 omnilex-key=us-mn-regs-official--agency-167--7011.9942}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9943** [Repealed, 18 SR 580] {#sec-7011.9943 omnilex-key=us-mn-regs-official--agency-167--7011.9943}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9944** [Repealed, 18 SR 580] {#sec-7011.9944 omnilex-key=us-mn-regs-official--agency-167--7011.9944}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9945** [Repealed, 18 SR 580] {#sec-7011.9945 omnilex-key=us-mn-regs-official--agency-167--7011.9945}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9950** Incorporation by Reference; Emission Standards; Mercury {#sec-7011.9950 omnilex-key=us-mn-regs-official--agency-167--7011.9950}
Code of Federal Regulations, title 40, part 61, subpart E, as amended, entitled "National Emission Standard for Mercury," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.9951** [Repealed, 18 SR 580] {#sec-7011.9951 omnilex-key=us-mn-regs-official--agency-167--7011.9951}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9952** [Repealed, 18 SR 580] {#sec-7011.9952 omnilex-key=us-mn-regs-official--agency-167--7011.9952}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9953** [Repealed, 18 SR 580] {#sec-7011.9953 omnilex-key=us-mn-regs-official--agency-167--7011.9953}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9954** [Repealed, 18 SR 580] {#sec-7011.9954 omnilex-key=us-mn-regs-official--agency-167--7011.9954}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9955** [Repealed, 18 SR 580] {#sec-7011.9955 omnilex-key=us-mn-regs-official--agency-167--7011.9955}
[Repealed, 18 SR 580]
##### **Minn. R. 7011.9960** Incorporation by Reference; Emission Standards; Radon {#sec-7011.9960 omnilex-key=us-mn-regs-official--agency-167--7011.9960}
The following national emission standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 61, subpart B, as amended, entitled "National Emission Standards for Radon Emissions From Underground Uranium Mines";
B. Code of Federal Regulations, title 40, part 61, subpart Q, as amended, entitled "National Emission Standards for Radon Emissions From Department of Energy Facilities";
C. Code of Federal Regulations, title 40, part 61, subpart R, as amended, entitled "National Emission Standards for Radon Emissions From Phosphogypsum Stacks";
D. Code of Federal regulations, title 40, part 61, subpart T, as amended, entitled "National Emission Standards for Radon Emissions From the Disposal of Uranium Mill Tailings"; and
E. Code of Federal Regulations, title 40, part 61, subpart W, as amended, entitled "National Emission Standards for Radon Emissions From Operating Mill Tailings."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.9970** Incorporation by Reference; Emission Standards; Radionuclides {#sec-7011.9970 omnilex-key=us-mn-regs-official--agency-167--7011.9970}
The following national emissions standards for hazardous air pollutants are incorporated by reference:
A. Code of Federal Regulations, title 40, part 61, subpart H, as amended, entitled "National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities";
B. Code of Federal Regulations, title 40, part 61, subpart I, as amended, entitled "National Emission Standards for Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H"; and
C. Code of Federal Regulations, title 40, part 61, subpart K, as amended, entitled "National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.9980** Incorporation by Reference; Emission Standards; Vinyl Chloride {#sec-7011.9980 omnilex-key=us-mn-regs-official--agency-167--7011.9980}
Code of Federal Regulations, title 40, part 61, subpart F, as amended, entitled "National Emission Standard for Vinyl Chloride," is incorporated by reference, except that authorities identified under Code of Federal Regulations, title 40, section 61.66, are retained by the administrator.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
##### **Minn. R. 7011.9990** Incorporation by Reference; Emission Standards; Volatile Hazardous Air Pollutants {#sec-7011.9990 omnilex-key=us-mn-regs-official--agency-167--7011.9990}
Code of Federal Regulations, title 40, part 61, subpart V, as amended, entitled "National Emission Standard for Equipment Leaks (Fugitive Emission Sources)," is incorporated by reference, except that authorities identified under Code of Federal Regulations, title 40, sections 61.242-1(c)(2) and 61.244, are retained by the administrator.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 44 SR 1030*
## **Chapter 7017** MONITORING AND TESTING REQUIREMENTS
##### **Minn. R. 7017.0100** Establishing Violations {#sec-7017.0100 omnilex-key=us-mn-regs-official--agency-167--7017.0100}
**Subpart 1. Definitions.**
For purposes of this part, the following terms have the meanings given them:
A. "applicable requirement" has the meaning given in part 7007.0100, subpart 7; and
B. "compliance document" has the meaning given in part 7017.2005, subpart 2.
**Subp. 2. Establishing violations.**
Notwithstanding any other provision of an applicable requirement or compliance document, a violation of an applicable requirement or a compliance document may be established based on:
A. any of the monitoring methods which the source is required to use by an applicable requirement or compliance document; or
B. any other credible evidence.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1775*
##### **Minn. R. 7017.0150** General Provisions of Monitoring and Testing Requirements {#sec-7017.0150 omnilex-key=us-mn-regs-official--agency-167--7017.0150}
References to the administrator in the incorporated federal regulations refer to the commissioner, except when authorities are specifically identified in Code of Federal Regulations or state rule as nondelegable.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7017.0200** Incorporation by Reference; Compliance Assurance Monitoring {#sec-7017.0200 omnilex-key=us-mn-regs-official--agency-167--7017.0200}
Code of Federal Regulations, title 40, sections 64.1 to 64.10, as amended, entitled "Compliance Assurance Monitoring," are incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1482; 46 SR 1209*
##### **Minn. R. 7017.1000** [Repealed, 23 SR 1764] {#sec-7017.1000 omnilex-key=us-mn-regs-official--agency-167--7017.1000}
[Repealed, 23 SR 1764]
##### **Minn. R. 7017.1002** Definitions {#sec-7017.1002 omnilex-key=us-mn-regs-official--agency-167--7017.1002}
**Subpart 1. Scope.**
For the purposes of parts 7017.1004 to 7017.1220, the definitions given in parts 7005.0100, 7007.0100, and 7017.2005, and the definitions given in Code of Federal Regulations, title 40, part 60.2, and in the federal rules incorporated by reference in part 7017.1010, apply unless otherwise defined in this part.
**Subp. 2. Calendar quarter.**
"Calendar quarter" means any of the following four time periods during each year: January 1 to March 31; April 1 to June 30; July 1 to September 30; and October 1 to December 31.
**Subp. 3. Certification test.**
"Certification test" means a test that includes all of the procedures listed in the appropriate performance specifications in Code of Federal Regulations, title 40, part 60, appendix B.
**Subp. 4. Continuous emission monitoring system or CEMS.**
"Continuous emission monitoring system" or "CEMS" has the meaning given in Code of Federal Regulations, title 40, part 60, appendix B, Performance Specification No. 2, section 2.1.
**Subp. 5. Continuous opacity monitoring system or COMS.**
"Continuous opacity monitoring system" or "COMS" has the meaning given in Code of Federal Regulations, title 40, part 60, appendix B, Performance Specification No. 1, section 2.1.
**Subp. 6. Data point.**
"Data point" means the output recorded by a monitoring system after one cycle of sampling and analyzing.
**Subp. 7. Excess emissions.**
"Excess emissions" means emissions that are greater than the numerical emission limit during both the period when the limit applies and any applicable periods of exemption, such as periods of startup, shutdown, and malfunction. Excess emissions do not include emissions during startup and shutdown that are based on values calculated using correction factors which, when applied outside the normal operating range, produce invalid values.
**Subp. 7a. Grace period.**
"Grace period" applies to monitor quality control audits and means a period of unit or stack operating hours beginning with the first unit or stack operating hour following the calendar quarter in which an audit was due. All operating hours apply toward the grace period regardless of whether the hours are consecutive.
**Subp. 8. Linearity check.**
"Linearity check" means a monitor audit procedure required by the Acid Rain Program at Code of Federal Regulations, title 40, part 75, appendix A, section 6.2.
**Subp. 9. Monitor bypass or bypass.**
"Monitor bypass" or "bypass" means the diversion of emissions from their normal route such that the required CEMS or COMS is not able to sample the complete emissions stream.
**Subp. 10. Monitor downtime.**
"Monitor downtime" means time periods when one or more of the following are true, excluding periods of monitor bypass:
A. the CEMS is not meeting the minimum data availability requirements of part 7017.1160, subpart 2;
B. the COMS is not meeting the data availability requirements of part 7017.1200, subpart 2; or
C. the CEMS or COMS is out of control.
**Subp. 11. Out of control.**
"Out of control" has the following meanings:
A. for CEMS subject to the federal Acid Rain Program monitoring requirements, the out of control definitions in Code of Federal Regulations, title 40, part 75.24, apply;
B. for CEMS which are not subject to Code of Federal Regulations, title 40, part 75, the out of control definitions in Code of Federal Regulations, title 40, part 60, appendix F, sections 4.3.1 and 5.2. apply; and
C. for COMS, the beginning of the out of control period is the time corresponding to the completion of a calibration error audit in which the calibration error exceeds three percent of the average audit value. The end of the out of control period is the time corresponding to the completion of the next calibration error audit in which the calibration error is three percent or less of the average audit value.
**Subp. 11a. Quality assurance operating quarter.**
"Quality assurance operating quarter" or "QA operating quarter" means a calendar quarter in which there are at least 168 unit operating hours.
**Subp. 12. Recertification test.**
"Recertification test" means conducting a certification test on a CEMS or COMS which has been previously certified. Recertification tests shall be conducted according to the same procedures and are subject to the same requirements as certification tests, except as noted in parts 7017.1004 to 7017.1220.
**Subp. 13. Stack operating hour.**
"Stack operating hour" means a clock hour during which flue gases flow through a particular stack or duct for the entire hour or for any part of the hour. Clock hour has the meaning given in Code of Federal Regulations, title 40, section 60.13 (h)(2)(i), as amended.
**Subp. 14. Unit operating hour.**
"Unit operating hour" means a clock hour during which an emission unit operates for the entire hour or for any part of the hour. Clock hour has the meaning given in Code of Federal Regulations, title 40, section 60.13 (h)(2)(i), as amended.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 23 SR 1764; 41 SR 763*
##### **Minn. R. 7017.1004** Applicability {#sec-7017.1004 omnilex-key=us-mn-regs-official--agency-167--7017.1004}
**Subpart 1. Applicability.**
Parts 7017.1002 to 7017.1220 apply to owners and operators of emission facilities that are required by a compliance document, applicable requirement, or order of the commissioner to operate a CEMS or COMS except as listed in items A to C.
A. If equivalent or more stringent requirements are mandated by a compliance document, applicable requirement, or order of the commissioner, those requirements supersede the corresponding requirements in parts 7017.1002 to 7017.1220.
B. CEMS or COMS required by Code of Federal Regulations, title 40, part 75, which are only operated for the Acid Rain Program, Title IV of the Clean Air Act, are not subject to parts 7017.1002 to 7017.1220, except for the incorporation by reference of federal requirements in parts 7017.1010 to 7017.1020.
C. CEMS required by Code of Federal Regulations, title 40, part 75, which are also required by a compliance document, applicable requirement, or order of the commissioner are not subject to parts 7017.1050 to 7017.1070, 7017.1170, and 7017.1180, subpart 1. Part 7017.1006 applies to any owner or operator of an emission facility. Parts 7017.1002 to 7017.1130 apply to both CEMS and COMS. Parts 7017.1135 to 7017.1180 apply to CEMS only. Parts 7017.1185 to 7017.1220 apply to COMS only.
**Subp. 2. Transition to new rule.**
Parts 7017.1002 to 7017.1220 supersede the requirements of those parts of air emission permits issued by the agency, prior to March 8, 1999, entitled Exhibit B, "Continuous Emission Monitoring Systems (CEMS)," and Exhibit G, "Quality Assurance Program for Continuous Emission Monitors."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1006** Requirement to Install Monitor {#sec-7017.1006 omnilex-key=us-mn-regs-official--agency-167--7017.1006}
The owner or operator of any emission facility, whether or not a CEMS or COMS is required by another part, may be required to install and operate a CEMS or COMS, upon order of the commissioner, if the commissioner finds that other methods of measurement or calculation do not provide adequate information on the level or variation of emissions to assure compliance with a compliance document or applicable requirement or to reliably estimate whether the emissions may pose a threat to public health or the environment.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1010** Incorporation by Reference; Monitoring Requirements {#sec-7017.1010 omnilex-key=us-mn-regs-official--agency-167--7017.1010}
**Subpart 1. New source performance standards.**
The following regulations are incorporated by reference:
A. Code of Federal Regulations, title 40, section 60.13, as amended, entitled "Monitoring Requirements";
B. Code of Federal Regulations, title 40, part 60, Appendix B, as amended, entitled "Performance Specifications"; and
C. Code of Federal Regulations, title 40, part 60, Appendix F, as amended, entitled "Quality Assurance Procedures."
**Subp. 2. National emissions standards for hazardous air pollutants.**
The following regulations are incorporated by reference:
A. Code of Federal Regulations, title 40, section 61.14, as amended, entitled "Monitoring Requirements"; and
B. Code of Federal Regulations, title 40, section 63.8, as amended, entitled "Monitoring Requirements."
**Subp. 3.**
[Repealed, 44 SR 1030]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 20 SR 2254(NO. 42); 23 SR 1764; 44 SR 1030*
##### **Minn. R. 7017.1020** Incorporation by Reference; Continuous Emission Monitoring {#sec-7017.1020 omnilex-key=us-mn-regs-official--agency-167--7017.1020}
Affected sources, as defined in part 7007.0100, subpart 4, must comply with Code of Federal Regulations, title 40, part 75, as amended, entitled "Continuous Emission Monitoring," which is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 19 SR 1666; 44 SR 1030*
##### **Minn. R. 7017.1030** Agency Access to Witness or Conduct Tests {#sec-7017.1030 omnilex-key=us-mn-regs-official--agency-167--7017.1030}
Upon request of the agency or the commissioner, the owner or operator of an emission facility shall allow the agency or any authorized employee or agent of the agency to enter upon the premises of the owner or operator for the purposes of conducting or witnessing any of the following activities:
A. certification tests;
B. relative accuracy test audits;
C. cylinder gas audits;
D. linearity checks;
E. calibration error audits; and
F. daily calibration drift checks.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1035** Testing Required {#sec-7017.1035 omnilex-key=us-mn-regs-official--agency-167--7017.1035}
The owner or operator of an emission facility shall arrange to conduct a relative accuracy test audit, cylinder gas audit, or calibration error audit as required to determine the accuracy of a continuous monitoring system at times requested by the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1040** Installation Requirements {#sec-7017.1040 omnilex-key=us-mn-regs-official--agency-167--7017.1040}
**Subpart 1. Notification of installation.**
The owner or operator of any facility that intends to install a CEMS or COMS shall notify the commissioner at least 60 days prior to installation of the monitoring system. The notification shall include plans and drawings of the proposed system which show the configuration of the monitoring system including any monitor bypass routes.
**Subp. 2. Representative location.**
A CEMS or COMS shall be installed in a location that provides data which is representative of emissions and which is in accordance with the requirements listed in the appropriate performance specifications in Code of Federal Regulations, title 40, part 60, appendix B. If the monitoring system is required by the Acid Rain Program, Title IV of the Clean Air Act, it must be installed according to the installation requirements of Code of Federal Regulations, title 40, part 75.
**Subp. 3. Combined or separated emissions.**
When the emissions from two or more emission units are subject to the same emission limit and are combined before being released to the atmosphere, the owner or operator may install a CEMS or COMS on each emission unit or may elect to monitor the combined emission stream of the emission units. When two or more emission units required to be monitored with a CEMS or COMS are not subject to the same emission limit, a separate CEMS or COMS shall be installed on each emission unit, except in cases where an extractive CEMS or COMS is time-shared between the emission units. When the effluent from one emission unit can be released to the atmosphere through more than one point, the owner or operator shall install a CEMS or COMS on each separate emission stream unless the installation of fewer systems is approved in writing by the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1050** Monitor Certification and Recertification Test {#sec-7017.1050 omnilex-key=us-mn-regs-official--agency-167--7017.1050}
**Subpart 1. Certification time frame.**
The owner or operator must conduct and complete certification testing within 90 days after the due date of the first excess emissions report required for the CEMS or COMS. This subpart does not require a recertification test of a previously certified continuous monitoring system, unless the monitor has undergone a change which invalidates its certification.
**Subp. 2. Changes to a CEMS or COMS which invalidate certification.**
Any of the following changes to a certified CEMS or COMS invalidates the certification status of the monitoring system:
A. replacement of the analyzer;
B. change in location or orientation of the sampling probe or site;
C. modification to the flue gas handling system which changes its flow characteristics; or
D. a change that in the commissioner's judgment significantly affects the ability of the system to measure or record the pollutant concentration, volumetric gas flow, or opacity.
**Subp. 3. Changes to a CEMS or COMS which do not invalidate certification.**
The following changes to a monitoring system do not invalidate certification and do not require a recertification test:
A. routine or normal corrective maintenance;
B. replacement of parts on the manufacturer's recommended spare parts list; or
C. software modifications in the automated data acquisition and handling system, where the modification is only for the purpose of generating additional or modified reports.
**Subp. 4. Notification of changes requiring recertification.**
The owner or operator shall notify the commissioner in writing prior to making any planned changes which may invalidate the certification status of a CEMS or COMS. If the change was unforeseen, the owner or operator shall notify the commissioner in writing within two working days after making the change.
**Subp. 5. Deadline for recertification.**
The owner or operator of a CEMS or COMS shall conduct a recertification test on a monitoring system within 90 days of completion of any change which invalidates the monitor's certification status.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1060** Precertification Test Requirements {#sec-7017.1060 omnilex-key=us-mn-regs-official--agency-167--7017.1060}
**Subpart 1. Certification test plan required.**
Before a certification test, the owner or operator of the emission facility must submit to the commissioner a test plan that contains all the information required in subpart 2. The certification test plan must be postmarked or received at least 30 days before the certification test date. No certification test may be conducted until a test plan has been submitted to and approved by the commissioner.
**Subp. 2. Certification test plan contents.**
The test plan must be submitted in the following format and include the elements in items A and B:
A. General requirements:
B. Testing procedures and operating conditions:
**Subp. 3. Certification pretest meeting.**
The owner or operator of the emission facility must consult with agency staff to discuss the proposed certification test. The meeting may be in person or by telephone, except when either the commissioner or the owner or operator requires an in-person meeting at one of the agency's offices. Unless a shorter period is approved in writing by the commissioner, the pretest consultation must be held at least seven days before the certification test date. The commissioner must reject the results of a certification test if:
A. the owner or operator of the emission facility refused to participate in a pretest meeting; and
B. the commissioner finds that the lack of consultation resulted in a certification test that did not meet the requirements of the test plan approved by the commissioner under subpart 1.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764; 46 SR 1209*
##### **Minn. R. 7017.1070** Certification Test Procedures {#sec-7017.1070 omnilex-key=us-mn-regs-official--agency-167--7017.1070}
**Subpart 1. Certification test procedure.**
A CEMS or COMS must be certified according to the appropriate performance specifications listed in Code of Federal Regulations, title 40, part 60, appendix B. The certification test shall also be conducted in accordance with the certification test plan approved by the commissioner.
**Subp. 2. Determination of certification acceptance.**
A CEMS or COMS is considered certified only after the complete certification test report has been submitted to the commissioner and the commissioner gives written determination of certification. The commissioner shall provide a determination of certification acceptance if the commissioner finds that the requirements of parts 7017.1060 to 7017.1080 have been met. Upon the commissioner's determination of certification acceptance, the duration of the CEMS or COMS certification status retroactively begins with the completion date of the successful certification test.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1080** Certification Test Report Requirements {#sec-7017.1080 omnilex-key=us-mn-regs-official--agency-167--7017.1080}
**Subpart 1. Report required.**
The owner or operator of the emission facility must prepare and submit a certification test report in a format specified by the commissioner. A report must be submitted for any certification test that was required, whether or not the test data indicate compliance with the appropriate performance specifications, and whether or not the test was completed according to the approved test plan.
**Subp. 2. Report submittal deadline.**
The certification test report must be postmarked or received within 45 days following completion of the certification test unless an alternate schedule is given in the applicable compliance document.
**Subp. 3.**
[Repealed, 41 SR 763]
**Subp. 4. Report contents.**
Each certification test report shall contain the following information and be in the format shown in items A to D:
A. Introduction:
B. General information:
C. Test results: a summary table which compares the certification test results to the standards in the applicable performance specifications of Code of Federal Regulations, title 40, part 60, appendix B.
D. Testing procedures:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 23 SR 1764; 41 SR 763*
##### **Minn. R. 7017.1090** Monitor Operational Requirements {#sec-7017.1090 omnilex-key=us-mn-regs-official--agency-167--7017.1090}
**Subpart 1. Continuous operation.**
A CEMS or COMS must be operated and data recorded during all periods of emission unit operation including periods of emission unit start-up, shutdown, or malfunction. This requirement to operate the monitor applies whether or not a numerical emission limit applies during these periods. A CEMS or COMS must not be bypassed except in emergencies where failure to bypass the CEMS or COMS would endanger human health, safety, or plant equipment.
**Subp. 2. Acceptable monitor downtime.**
Monitor downtime is a violation of subpart 1, except for reasonable periods of monitor downtime due to the following causes:
A. damage to the monitoring system due to acts of God such as lightning strikes, tornadoes, or floods which render the monitor inoperative;
B. sudden and not reasonably preventable monitor breakdowns;
C. scheduled monitor maintenance based on equipment manufacturer's recommended maintenance schedule which cannot reasonably be conducted when the emission unit is not operating; or
D. unavoidable monitor downtime in order to conduct daily drift checks; calibration error audits, relative accuracy test audits, linearity checks, and cylinder gas audits which are required by a compliance document, applicable requirement, or by request of the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1100** Evidence of Noncompliance {#sec-7017.1100 omnilex-key=us-mn-regs-official--agency-167--7017.1100}
Data collected from a CEMS or COMS that is not in compliance with parts 7017.1002 to 7017.1220 may still be used in establishing violations under part 7017.0100 if the data represent credible evidence of such violations.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1110** Excess Emissions Reports {#sec-7017.1110 omnilex-key=us-mn-regs-official--agency-167--7017.1110}
**Subpart 1. Excess emissions report required.**
The owner or operator of a facility subject to parts 7017.1002 to 7017.1220 shall submit an excess emissions report each calendar quarter. The report must be submitted even if there were no excess emissions, monitor downtime, or monitor bypasses during the quarter. The report shall be submitted on a form approved by the commissioner within 30 days of the end of each calendar quarter. Any such form provided by the commissioner shall only seek information relevant to the excess emissions report.
**Subp. 2. Contents of excess emissions report.**
The excess emissions report must contain the information in items A to E.
A. Excess emissions:
B. Monitor downtime:
C. Monitor bypass periods:
D. Summary of the cylinder gas audit and relative accuracy test audit required by parts 7017.1180 and 7017.1220 if the audits were completed in the previous quarter.
E. If applicable, notifications of exceptions of applicability from audit frequencies as allowed in parts 7017.1170, subparts 4a and 5a, and 7017.1215.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 23 SR 1764; 41 SR 763*
##### **Minn. R. 7017.1120** Submittals {#sec-7017.1120 omnilex-key=us-mn-regs-official--agency-167--7017.1120}
**Subpart 1. Address.**
The owner or operator of the facility must send all submittals required under parts 7017.1002 to 7017.1220 to the agency 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.
**Subp. 2.**
[Repealed, 41 SR 763]
**Subp. 3. Date.**
Submittals must be postmarked or received by the date specified in the applicable regulation or compliance document.
**Subp. 4. Certification.**
All submittals, except for certification test-plans and relative accuracy test audits notifications, must be accompanied by a certification statement in a format specified by the commissioner and signed by a responsible official, pursuant to part 7007.0500, subpart 3.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 23 SR 1764; 41 SR 763*
##### **Minn. R. 7017.1130** Record Keeping {#sec-7017.1130 omnilex-key=us-mn-regs-official--agency-167--7017.1130}
The owner or operator of a facility subject to parts 7017.1002 to 7017.1220 shall maintain a file of all of the following CEMS or COMS information at the emission facility in a form suitable for inspection for at least five years from the date of each record: each one-hour emission average recorded by the CEMS; each six-minute opacity average recorded by the COMS; monitor certification test reports; excess emissions reports; cylinder gas audit reports; calibration error audit reports; relative accuracy test audits; linearity check reports; results of daily calibration drift checks; log of adjustments made to the CEMS or COMS and maintenance performed on the CEMS or COMS; and all other monitoring system information required by an applicable compliance document. The owner or operator shall also keep an updated copy of the facility's CEMS or COMS quality assurance plan on site.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1135** Applicability {#sec-7017.1135 omnilex-key=us-mn-regs-official--agency-167--7017.1135}
Parts 7017.1140 to 7017.1180 apply only to CEMS.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1140** Cems Design Requirements {#sec-7017.1140 omnilex-key=us-mn-regs-official--agency-167--7017.1140}
A CEMS shall be designed to complete a minimum of one cycle of sampling, analyzing, and data recording in each 15-minute period.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1150** Cems Testing Company Requirement {#sec-7017.1150 omnilex-key=us-mn-regs-official--agency-167--7017.1150}
The following CEMS tests shall be conducted by an independent testing company:
A. relative accuracy test audits; and
B. the relative accuracy testing portion of any certification test.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1160** Cems Monitoring Data {#sec-7017.1160 omnilex-key=us-mn-regs-official--agency-167--7017.1160}
**Subpart 1. Data points.**
All data points collected by a CEMS shall be used to calculate individual hourly emission averages unless another applicable requirement or compliance document requires more frequent averaging. Each hourly average starts at the beginning of the hour and ends at the beginning of the following hour.
**Subp. 2. Minimum data points.**
In order for an hour of data to be considered valid, it must contain the following minimum number of data points during the hour:
A. four data points, equally spaced, if the emission unit operated during the entire hour;
B. two data points, at least 15 minutes apart, during periods of monitor calibration, and periods of time to conduct quality control audits or routine maintenance; and
C. one data point if the emission unit operated for 15 minutes or less during the hour.
**Subp. 3. Data reduction procedures.**
Monitoring data shall be recorded in the same units of measurement and averaging period as the facility's emission standard.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1170** Quality Assurance and Control Requirements for Cems {#sec-7017.1170 omnilex-key=us-mn-regs-official--agency-167--7017.1170}
**Subpart 1.**
[Repealed, 41 SR 763]
**Subp. 1a. Applicability.**
The quality assurance and control requirements in this part apply to each CEMS unless otherwise specified by another applicable standard. If multiple CEMS standards apply to a single CEMS unit, the requirements of all applicable standards must be met.
**Subp. 2. Quality assurance plan required.**
The owner or operator of the facility must develop and implement a written quality assurance plan that covers each CEMS. The plan must be on site and available for inspection within 30 days after monitor certification. The plan must be revised as needed to keep the plan up to date with the facility's current policies and procedures. The plan must contain all of the information required by Code of Federal Regulations, title 40, part 60, appendix F, section 3, or Code of Federal Regulations, title 40, part 75, Appendix B, as amended. The plan must include the manufacturer's spare parts list for each CEMS and require that those parts be kept at the facility unless the commissioner gives written approval to exclude specific spare parts from the list considering the consequences of a malfunction of the part, the likelihood of a malfunction, the time required to obtain the part, and other pertinent factors.
**Subp. 3. Daily calibration drift assessment and adjustment.**
The facility owner or operator must conduct daily calibration drift assessments and make adjustments as needed according to the procedure listed in items A and B, Code of Federal Regulations, title 40, section 60.13(d)(1), or Code of Federal Regulations, title 40, part 75, Appendix B, section 2.1, as amended, as applicable, for each pollutant concentration and diluent monitor. The calibration drift assessment must be conducted on each monitor range. The span value specified in the applicable requirement or compliance document must be used to determine the zero and span calibration points. If no span value is specified in the applicable requirement or compliance document, the owner or operator must use a span value equivalent to 1.5 times the emission limit.
A. For an extractive CEMS, minimum drift assessment procedures must include introducing applicable zero and span gas mixtures into the measurement system as near the probe as is practical. Gases within ± two percent of tag value must be used to perform the span (upscale) drift assessment. The span and zero gas mixtures must be the same composition as specified in the applicable performance specification.
B. For a nonextractive, in situ CEMS, minimum drift assessment procedures must include upscale checks using a certified calibration gas cell or test cell that is functionally equivalent to a known gas concentration. The zero check may be performed by computing the zero value from upscale measurements or by mechanically producing a zero condition.
**Subp. 4.**
[Repealed, 41 SR 763]
**Subp. 4a. Cylinder gas audit.**
A. The owner or operator must complete the initial cylinder gas audit (CGA) within 180 days following certification of the CEMS. The owner or operator must conduct subsequent CGAs on each concentration and diluent monitor on each CEMS no later than the end of every second QA operating quarter, regardless of whether the quarters are consecutive, according to Code of Federal Regulations, title 40, part 60, Appendix F, section 5.1.2, or Code of Federal Regulations, title 40, part 75, Appendix A, section 6.2, as amended. As part of each quarterly excess emission report, the owner or operator must submit notification of any exception to CGA frequency that it used during the reporting period. A CGA is not required during any quarter in which a relative accuracy test audit was performed on the CEMS.
B. If the unit being monitored by the CEMS is not in operation on the CGA due date, the owner or operator has a grace period of 168 operating hours in which to perform a CGA on that monitor. If, at the end of the 168-operating-hour grace period, the CGA has not been completed, data from the CEMS is invalid beginning with the first unit operating hour following expiration of the grace period. Nothing in this subpart relieves the owners' or operators' obligation to comply with quality assurance provisions imposed by other applicable standards or compliance documents.
C. The audit frequency in Code of Federal Regulations, title 40, part 60, Appendix F, as amended, applies only if the unit is subject to Code of Federal Regulations, title 40, part 60.
**Subp. 5.**
[Repealed, 41 SR 763]
**Subp. 5a. Relative accuracy test audits.**
The owner or operator must complete relative accuracy test audits (RATAs) as required by this subpart.
A. RATAs must be conducted using the applicable procedures in Code of Federal Regulations, title 40, part 60, Appendix B, or Code of Federal Regulations, title 40, 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, as applicable.
B. The owner or operator must complete a RATA on each CEMS within 365 days following certification of the CEMS. Subsequent RATAs must be conducted on each CEMS no later than the end of every fourth QA operating quarter, regardless of whether the operating quarters are consecutive, unless the conditions in item C apply.
C. The owner or operator may conduct less frequent RATAs as described in subitems (1) and (2). The owner or operator must include notification of the reduced frequency or delay in performing a RATA to the commissioner in each quarterly excess emission report during which a RATA would have been due. Nothing in this subpart relieves the owners' or operators' obligation to comply with quality assurance provisions imposed by other applicable requirements or compliance documents.
**Subp. 6. Criteria for excessive CEMS audit inaccuracy.**
The criteria for excessive inaccuracy are:
A. for RATAs, the relative accuracy value specified in the appropriate Performance Specification of Code of Federal Regulations, title 40, part 60, Appendix B, and Code of Federal Regulations, title 40, part 75, Appendix A, section 3.3, as amended, as applicable; and
B. for CGAs, the average audit value must be within 15 percent of the cylinder gas value or five ppm, whichever is greater.
**Subp. 7. Calibration gases.**
Gas mixtures must not be used after the manufacturer's certification expiration data. The expiration date must be clearly labeled on the container of each gas.
**Subp. 8. Out of control periods.**
Data is not considered valid and may not be used for compliance demonstration during out of control periods as defined in part 7017.1002. The out of control period is considered downtime and the owner or operator must follow the requirements of Code of Federal Regulations, title 40, part 60, Appendix F, sections 4.3.2 and 5.2.2, as amended. An owner or operator may not apply the data substitution procedures in Code of Federal Regulations, title 40, part 75, as amended, to comply with this part.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 23 SR 1764; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7017.1180** Quality Control Reporting and Notification Requirements for Cems {#sec-7017.1180 omnilex-key=us-mn-regs-official--agency-167--7017.1180}
**Subpart 1. Cylinder gas audit summary.**
A cylinder gas audit summary must be submitted on a form approved by the commissioner within 30 days following the end of the calendar quarter in which the audit was completed. Any such form provided by the commissioner shall only seek information relevant to the cylinder gas audit.
**Subp. 2. Relative accuracy test audit notification.**
The owner or operator shall notify the commissioner in writing at least 30 days prior to conducting any relative accuracy test audit. The notification may be made by facsimile, mail, electronic mail, or hand-delivered document.
**Subp. 3. Relative accuracy test audit summary.**
A relative accuracy test audit summary report must be submitted on a form approved by the commissioner within 30 days following the end of the calendar quarter in which the relative accuracy test audit was conducted. Any such form provided by the commissioner shall only seek information relevant to the relative accuracy test audit.
**Subp. 4. Linearity check results summary.**
Facilities subject to Code of Federal Regulations, title 40, part 75, shall submit a linearity check summary within 30 days following the end of the calendar quarter in which the linearity check was conducted on a form approved by the commissioner. Any such form provided by the commissioner shall only seek information relevant to the linearity check.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1185** Applicability {#sec-7017.1185 omnilex-key=us-mn-regs-official--agency-167--7017.1185}
Parts 7017.1190 to 7017.1220 apply only to COMS.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1190** Coms Design Requirements {#sec-7017.1190 omnilex-key=us-mn-regs-official--agency-167--7017.1190}
A COMS must be designed to complete a minimum of one cycle of sampling and analyzing in each successive ten-second period and one cycle of data recording each one-minute period.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1200** Coms Monitoring Data {#sec-7017.1200 omnilex-key=us-mn-regs-official--agency-167--7017.1200}
**Subpart 1. Averaging periods.**
All COMS data must be reduced to six-minute averages.
**Subp. 2. Data points.**
Compliance must be calculated from all data points collected in the averaging period by the COMS. A six-minute average is valid only if it contains data from at least five of the minutes within the averaging period.
**Subp. 3. Opacity data reduction procedures.**
Six-minute opacity averages must be calculated as follows: each one-minute period, the one-minute average opacity value must be determined by summing the opacity values of the individual data points collected by the COMS and dividing that sum by the number of data points collected. This is the one-minute average opacity value. Next, the sum of the individual one-minute averages in the applicable averaging period must be determined and divided by the number of one-minute averages taken. The resulting average must be rounded to the nearest one percent opacity. The resulting value is the six-minute opacity average that shall be recorded by the monitoring system. There are ten individual six-minute averaging periods in each hour. The first six-minute period starts at the beginning of the clock hour and ends at the beginning of minute six of the clock hour. The second six-minute period immediately follows the first, and the pattern continues through the last of the ten six-minute periods in a clock hour.
**Subp. 4. Opacity exceedance.**
An opacity exceedance has occurred if, having taken any allowable excursions into account, any six-minute average exceeds the applicable opacity standard. Exceedances must be expressed as the number of nonoverlapping six-minute averages that exceeded the standard.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.1210** [Repealed, 41 SR 763] {#sec-7017.1210 omnilex-key=us-mn-regs-official--agency-167--7017.1210}
[Repealed, 41 SR 763]
##### **Minn. R. 7017.1215** Incorporation by Reference; Quality Assurance and Control Requirements for Coms {#sec-7017.1215 omnilex-key=us-mn-regs-official--agency-167--7017.1215}
For quality assurance and control requirements for COMS, the facility owner or operator must conduct quality assurance and quality control as specified in 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, which is incorporated by reference.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 41 SR 763; 44 SR 1030*
##### **Minn. R. 7017.1220** Quality Assurance and Control Reporting Requirements for Coms {#sec-7017.1220 omnilex-key=us-mn-regs-official--agency-167--7017.1220}
A summary of the results of each COMS calibration error audit must be submitted on a form approved by the commissioner within 30 days following the end of the calendar quarter in which the audit was completed. Any such form provided by the commissioner shall only seek information relevant to the COMS calibration error audit.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 23 SR 1764*
##### **Minn. R. 7017.2000** [Repealed, 18 SR 1412] {#sec-7017.2000 omnilex-key=us-mn-regs-official--agency-167--7017.2000}
[Repealed, 18 SR 1412]
##### **Minn. R. 7017.2001** Applicability {#sec-7017.2001 omnilex-key=us-mn-regs-official--agency-167--7017.2001}
**Subpart 1. Applicability.**
For the purpose of conducting a performance test as required by an applicable requirement or compliance document or as a data submittal engineering test, parts 7017.2001 to 7017.2060 apply unless more stringent requirements or equivalent procedures are mandated by an applicable requirement or compliance document. However, for the purpose of conducting a data submittal engineering test, part 7017.2025 does not apply and the operating conditions for the test shall be defined in the test plan. If the commissioner determines that a data submittal engineering test was not conducted at appropriate operating conditions for the type of data submittal, the commissioner shall declare the results invalid for their intended purpose unless the results can be adjusted and made representative using a scaling factor or engineering judgment or, in the case of a permit application, the permit contains an operating limit based on the tested conditions.
**Subp. 2.**
[Repealed, 41 SR 763]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1412; 23 SR 145; 18 SR 1412; 23 SR 145*
##### **Minn. R. 7017.2005** Definitions {#sec-7017.2005 omnilex-key=us-mn-regs-official--agency-167--7017.2005}
**Subpart 1. Scope.**
For the purposes of parts 7017.2001 to 7017.2060, the definitions given in part 7005.0100 shall apply unless otherwise defined in this part.
**Subp. 1a. Applicable requirement.**
"Applicable requirement" has the meaning given in part 7007.0100, subpart 7.
**Subp. 2. Compliance document.**
"Compliance document" means a permit, stipulation agreement, administrative penalty order, administrative order, compliance agreement, schedule of compliance, consent order, consent decree, or variance issued by the agency or EPA to control air pollution.
**Subp. 2a. Data submittal engineering test.**
"Data submittal engineering test" means a performance test that is conducted voluntarily by the owner or operator of the emission facility for the purpose of submitting the results to support a permit application, emission inventory submittal, or any other type of data submittal. This does not include voluntary retests conducted following a failure to demonstrate compliance or performance tests conducted voluntarily in order to relax an operating limit in accordance with part 7017.2025, subpart 3b.
**Subp. 3. Federal regulation.**
"Federal regulation" means any regulation promulgated by EPA under the Clean Air Act, United States Code, title 42, section 7401, et seq.
**Subp. 4. Performance test.**
"Performance test" means the quantification of emissions or determination of the physical, chemical, or aesthetic properties of those emissions from an emissions unit by means of conducting one or more test runs at an emission facility. When requested or approved by the commissioner, a performance test includes the determination of capture efficiency, collection efficiency, control efficiency, or destruction efficiency associated with a hood or emissions unit or control device. The terms "capture efficiency," "collection efficiency," "control efficiency," "destruction efficiency," and "hood" have the meanings given in part 7011.0060.
**Subp. 5. Test plan.**
"Test plan" means the document which describes the objectives of a performance test, how the emissions unit will be operated during the performance test, how operating conditions will be monitored and recorded, which test methods will be used, and any other specific requirements of the applicable requirement or compliance document.
**Subp. 6. Test run.**
"Test run" means the procedure for sampling or analyzing emissions during a performance test at or before the emission point of an emissions unit over a defined length of time at specified operating conditions.
**Subp. 7. Testing company.**
"Testing company" means a corporation, partnership, or sole proprietorship that conducts performance tests as a normal part of its business activities and that is not the owner or operator of the emission facility or a subsidiary, division, or subdivision of the owner or operator of the emission facility.
**Subp. 8. Worst case conditions.**
"Worst case conditions" means the mode of operation of an emissions unit, including the air pollution control equipment, that is allowed under the applicable requirement or compliance document and which is known, through performance test data or mass balance calculation, to give the highest emission rate for an air pollutant within the allowed range of operating conditions. The type of operating conditions included in this definition shall be limited to the process or operating rate and any operational parameters that are regulated by the applicable requirement or compliance document.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1412; 23 SR 145; 23 SR 1764; 32 SR 904*
##### **Minn. R. 7017.2010** Incorporation by Reference; Test Methods {#sec-7017.2010 omnilex-key=us-mn-regs-official--agency-167--7017.2010}
For the purpose of parts 7017.2020 to 7017.2060, the documents in items A to D are incorporated by reference.
A. Code of Federal Regulations, title 40, part 60, Appendix A, as amended, entitled "Appendix A - Test Methods."
B. Code of Federal Regulations, title 40, part 63, Appendix A, as amended, entitled "Appendix A to Part 63 - Test Methods."
C. Code of Federal Regulations, title 40, part 61, Appendix B, as amended, entitled "Appendix B - Test Methods."
D. Code of Federal Regulations, title 40, part 51, Appendix M, as amended, entitled "Appendix M to Part 51 - Recommended Test Methods for State Implementation Plans."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1412; 20 SR 2254(NO. 42); 44 SR 1030*
##### **Minn. R. 7017.2015** Incorporation by Reference; Testing Requirements {#sec-7017.2015 omnilex-key=us-mn-regs-official--agency-167--7017.2015}
**Subpart 1. Applicability.**
Subparts 1 to 3 apply to the owner or operator of an emission facility, emissions unit, or stationary source subject to New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants.
**Subp. 2. New source performance standards.**
The following are incorporated by reference:
A. Code of Federal Regulations, title 40, section 60.8, as amended, entitled "Performance Tests," except that authorities identified in Code of Federal Regulations, title 40, sections 60.8(b)(2) and 60.8(b)(3), are not delegated to the commissioner and are retained by the administrator.
B. Code of Federal Regulations, title 40, section 60.11, as amended, entitled "Compliance with Standards and Maintenance Requirements," except that authorities identified in Code of Federal Regulations, title 40, section 60.11(e), are not delegated to the commissioner and are retained by the administrator.
**Subp. 3. National emission standards for hazardous air pollutants.**
The following are incorporated by reference:
A. Code of Federal Regulations, title 40, section 63.7, as amended, entitled "Performance Testing Requirements."
B. Code of Federal Regulations, title 40, section 61.13, as amended, entitled "Emission Tests and Waiver of Emission Tests," except that authorities identified in Code of Federal Regulations, title 40, section 61.13(h)(1)(ii), are not delegated to the commissioner and are retained by the administrator.
**Subp. 4.**
[Repealed, 44 SR 1030]
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1412; 20 SR 2254(NO. 42); 23 SR 145; 41 SR 763; 44 SR 1030*
##### **Minn. R. 7017.2017** Submittals {#sec-7017.2017 omnilex-key=us-mn-regs-official--agency-167--7017.2017}
All submittals required under parts 7017.2015 to 7017.2060 must be submitted in a physical or electronic format as specified by the commissioner and sent to the address identified on the required form or provided by the commissioner.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 41 SR 763*
##### **Minn. R. 7017.2018** [Repealed, 41 SR 763] {#sec-7017.2018 omnilex-key=us-mn-regs-official--agency-167--7017.2018}
[Repealed, 41 SR 763]
##### **Minn. R. 7017.2020** Performance Tests General Requirements {#sec-7017.2020 omnilex-key=us-mn-regs-official--agency-167--7017.2020}
**Subpart 1. Testing required.**
The owner or operator of an emission facility shall arrange to conduct a performance test at any emission facility at the times required by an applicable requirement or compliance document and at additional times if the commissioner requests a performance test in order to:
A. evaluate a permit application;
B. determine compliance with an applicable requirement or compliance document;
C. determine compliance subsequent to a performance test that indicated noncompliance or where compliance could not be determined due to errors in following a test method, lack of or inaccurate documentation, or because the requirements of parts 7017.2001 to 7017.2060 were not met;
D. determine the compliance status of an emission facility following an inspection of the facility by agency staff during which indicators of noncompliance were found;
E. determine the compliance status of an emission facility following a modification to the emission facility that the commissioner determines could cause an increase in the amount of emissions of any air pollutant from that facility; or
F. quantify the emissions from an emission facility where the commissioner has determined a possible environmental or public health concern. EPA may request a performance test under this part for the reasons listed in items A to F and may make the decisions that the commissioner makes under parts 7017.2001 to 7017.2060 and any other Minnesota rule or statute for that performance test. EPA's authority to require performance testing under its own regulations or under the Clean Air Act is not affected by this part.
**Subp. 2. Testing company.**
The performance test shall be conducted by a testing company unless a compliance document allows the owner or operator to conduct the performance test or to contract with an alternative entity that does not meet the criteria of the definition of testing company, or unless the agency, EPA, or any authorized employee or agent of the agency or EPA is conducting the performance test.
**Subp. 3. Safety and access.**
The owner or operator of the emission facility shall provide a safe working platform and safe access to the platform at the sampling site.
**Subp. 4. Verifying test results.**
The results of a performance test are not final until a complete report, as defined in part 7017.2035, subpart 3, is submitted and the commissioner gives written verification of the compliance status of the emission facility. Upon verification of the test results, the duration of the compliance status that the performance test determines for the emission facility begins with the date of the performance test. Nothing in this subpart prevents the use of any evidence to establish the existence of a violation before the date of the performance test, or excuses noncompliance between the date of the performance test and the commissioner's written verification of it.
**Subp. 5. Test runs.**
A. Each performance test shall consist of at least three separate test runs using the applicable test method, except that one test run shall be required for opacity determination. However, the commissioner shall require more test runs to be conducted if the applicable requirement or compliance document requires additional test runs or determination of emissions at more than one process or operating condition.
B. Data reduction for opacity shall be conducted in accordance with part 7017.2060, subparts 5 and 6. For all other pollutants, the arithmetic mean of the test runs is the result of the performance test. In the event that a sample is accidentally lost or conditions occur in which one of three test runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the control of the owner or operator and the testing company, compliance may, upon the commissioner's approval, be determined using the arithmetic mean of the two remaining test runs. The owner or operator shall document in the test report all reasons for excluding a test run or failing to conduct a test run.
**Subp. 6. Evidence of noncompliance.**
The results of a performance test that have been rejected or deemed incomplete or indeterminate by the commissioner due to failure to comply with parts 7017.2001 to 7017.2060 and performance tests which are not subject to parts 7017.2001 to 7017.2060 may still be used in establishing violations pursuant to part 7017.0100 if they represent credible evidence of such violations. This includes, but is not limited to, results of tests:
A. that were started but abandoned before completing all the required test runs;
B. submitted without the required notification or test plan;
C. that are incomplete due to lack of emission facility operating data in the test report; and
D. conducted under unrepresentative operating conditions or conditions that deviated from the test plan.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1412; 21 SR 693; 23 SR 145; 23 SR 1764; 32 SR 904*
##### **Minn. R. 7017.2025** Operational Requirements and Limitations {#sec-7017.2025 omnilex-key=us-mn-regs-official--agency-167--7017.2025}
**Subpart 1. Scope.**
This part specifies criteria that the commissioner will use to determine which operating parameters, if any, will be subject to limitations based upon the mode of operation during a performance test. Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions of performance tests unless otherwise specified in an applicable requirement or compliance document.
**Subp. 2. Operating conditions for performance testing.**
The performance test shall be conducted at worst case conditions for each air pollutant that is required to be tested unless:
A. the applicable requirement or compliance document specifies alternative operating conditions for performance testing;
B. the worst case condition is not known or calculable. In this case, worst case conditions shall be assumed to be the maximum achievable process or operating rate of the emissions unit; or
C. the owner or operator of the emission facility elects to conduct the performance test at conditions that are not worst case conditions.
**Subp. 3. Compliance demonstrated at tested conditions.**
Upon the commissioner's written notice that the emission facility has demonstrated compliance under the conditions of the performance test, the owner or operator of the emission facility shall operate the affected emissions unit as specified in item A, B, C, or D, unless another performance test is conducted at alternative conditions and the commissioner gives written notification that the performance test demonstrated compliance at those conditions. This subpart does not apply to performance test runs for pollutants for which the owner or operator maintains a continuous emission monitor or continuous opacity monitor that meets the requirements of part 7017.1002 to 7017.1220.
A. If the owner or operator did not conduct the performance test at worst case conditions as required, or elected to conduct the performance test under alternative conditions under subpart 2, item C, the affected emissions unit shall not be operated at a process rate, operating rate, or regulated operating condition that is closer to the worst case conditions than the actual conditions of the performance test. The owner or operator of the emission facility shall maintain at the emission facility adequate records to demonstrate continuous compliance with these operating condition limitations.
B. If the owner or operator conducted the performance test under the conditions specified in subpart 2, item A, the owner or operator shall comply with any operational limitations imposed by the applicable requirement or compliance document.
C. If the owner or operator conducted the performance test at the maximum achievable process or operating rate under subpart 2, item B, the emissions unit may not be operated at a higher process or operating rate than was recorded during the performance test.
D. If the owner or operator conducted the performance test at worst case conditions, no new operating limits are imposed by this part but the owner or operator shall comply with any applicable requirement or compliance document. When the worst case testing condition is defined in terms of an operating rate for the affected emissions units, no new operating rate limit may be imposed by this part if the performance test was conducted at 90 percent or greater of the defined worst case condition.
**Subp. 3a. Compliance with new operating limits.**
If a new operating limit is imposed pursuant to subpart 3, it shall be implemented according to items A to C, unless otherwise defined in an applicable requirement or compliance document.
A. For operating rate limits, the new limit shall be expressed as an eight-hour block average calculated by totaling total throughput, input, or output as applicable during the eight-hour period and dividing by the total operating time during the eight-hour period. Periods of downtime of 15 or more minutes shall not be counted as operating time. The commissioner may shorten the averaging time or modify the calculation method in cases where the operating mode of the affected emissions unit is not continuous or consistent and in cases where the results of the performance test were greater than 80 percent of the applicable limits.
B. For operating rate limits imposed following a performance test where the results were less than or equal to 80 percent of the value of the applicable emission limits for all of the air pollutants that were required to be tested, the new limit shall be set at 110 percent of the tested rate except as otherwise provided in this item. The tested rate is the average of the operating rates recorded during the required number of test runs. The commissioner may set the new operating limit at 100 percent of the tested rate if the new limit would otherwise conflict with an existing operating limit or the description of the emission unit in the applicable air emission permit or if engineering judgment indicates that increasing the allowable operating rate would cause a likely violation of an emission limit.
C. 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 part 7017.2030, subpart 2.
**Subp. 3b. Relaxation of operating limits by retesting.**
The owner or operator of the emission facility may conduct a retest at alternate operating conditions in order to relax an operating limit set pursuant to subpart 3. The retest shall be subject to parts 7017.2001 to 7017.2060. The owner or operator must submit the test results to the commissioner and identify what the new operating conditions will be and how compliance with those new conditions will be monitored. The owner or operator shall comply with any relaxed conditions established under this subpart.
**Subp. 4. Failure to demonstrate compliance.**
A. Upon the commissioner's written notice that the emission facility has failed to demonstrate compliance with an applicable emission limit, the owner or operator of the emission facility, unless an alternative schedule is given in an applicable requirement or compliance document, shall:
B. The owner or operator may receive an extension to the schedule in item A if the owner or operator demonstrates in writing to the commissioner that one of the following special circumstances applies:
C. Any request for an extension of the time schedule shall be submitted to the commissioner in writing by the owner or operator prior to the date by which retesting is required. The request shall specify the reason why the extension is needed, include an alternative retest schedule, and include a detailed summary of the measures the owner or operator will take to bring the affected emission unit into compliance. The commissioner shall grant the request for extension if the commissioner finds that one or more of the special conditions in item B apply. If the commissioner grants an extension, the owner or operator shall implement the alternative retest schedule and compliance measures. A requested extension shall not be effective unless the commissioner has given written approval of the extension. The commissioner shall not extend a retest date more than 30 days after the start-up, completion of maintenance, seasonal weather change, or other improvement in conditions occurs under item B, subitems (1) to (4). The commissioner shall not extend a retest date under item B, subitem (5), for more than 30 days.
**Subp. 5. Failure of retest.**
If the owner or operator has conducted a retest under subpart 4 and the commissioner provides written notice to the owner or operator of the emission facility that the retest provides a second demonstration of noncompliance with an applicable emission limit, the owner or operator must comply with this subpart.
A. Unless item B applies, the owner or operator must demonstrate to the commissioner that corrective actions or procedural changes have been made that will be applied consistently and that will, when properly executed, ensure that the emission units will demonstrate compliance at all times with all applicable emission limits and capture, removal, or destruction efficiency requirements.
B. If the owner or operator cannot first make the demonstration specified in item A and does not receive written approval to operate according to item A, the owner or operator must propose terms and conditions to the commissioner, in writing, that will ensure compliance with all conditions or requirements underlying each limit that the owner or operator failed.
**Subp. 6. Agency tests.**
Upon request of the agency or the commissioner, the owner or operator of an emission facility shall allow the agency or EPA, or any authorized employee or agent of the agency or EPA, to enter upon the premises of the owner or operator for the purposes of conducting performance tests. The owner or operator shall provide performance testing facilities that enable the agency or its employees or agents to conduct performance tests, including:
A. sampling ports adequate for the applicable test methods;
B. safe sampling platforms;
C. safe access to sampling platforms; and
D. utilities for sampling and testing equipment. The owner or operator shall operate the emission facility at worst case conditions or other conditions as requested by the commissioner or EPA, and shall provide assistance in process monitoring and process material sampling as requested.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1412; 23 SR 145; 23 SR 1764; 41 SR 763*
##### **Minn. R. 7017.2030** Performance Test Pretest Requirements {#sec-7017.2030 omnilex-key=us-mn-regs-official--agency-167--7017.2030}
**Subpart 1. Notification of testing.**
Written notification of the planned test date shall be postmarked or received at least 30 days before the planned test date. The commissioner shall reject the results of a test if less than 30 days' notice was given unless written authorization of a shorter notice was given by the commissioner.
**Subp. 2. Submitting and approving test plan.**
A. The owner or operator of the emission facility shall submit to the commissioner a test plan with or in advance of the test notification required under subpart 1 or in response to the commissioner's request for supplemental permit application information. If the proposed test plan does not contain sufficient or accurate enough detail to ensure that the performance test meets the requirements of the applicable requirement or compliance document, the commissioner shall ask for an updated test plan to be submitted or shall write a test plan in place of the submitted document.
B. The commissioner shall give written approval of the test plan when the commissioner determines that it meets the requirements of parts 7017.2001 to 7017.2060. Written approval means any signed letter, note, or facsimile transmission which states that a given test plan may be used during a specific performance test. The commissioner shall reject the results of a performance test if it was conducted without written approval of the test plan or if no test plan was submitted.
**Subp. 3. Format and content of test plan.**
The test plan shall be submitted in the following format and include the following elements:
A. Part I. General information:
B. Part II. Testing requirements:
C. Part III. Operating conditions:
D. Part IV. Test methods:
**Subp. 4. Pretest meeting.**
The owner or operator of the emission facility shall contact the supervisor of the compliance determination unit to schedule a pretest meeting to be held between authorized employees of the agency and the owner or operator of the emission facility, with optional representation by the testing company. The pretest meeting shall be held at least seven days prior to the performance test date except that a shorter period shall be allowed if the commissioner has approved a test notification of less than 30 days. If the commissioner determines that an in-person meeting is not necessary, the pretest meeting will be conducted by telephone conference call unless the owner or operator of the emission facility requests an in-person meeting.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1412; 23 SR 145; 23 SR 1764*
##### **Minn. R. 7017.2035** Performance Test Reporting Requirements {#sec-7017.2035 omnilex-key=us-mn-regs-official--agency-167--7017.2035}
**Subpart 1. Submittal of performance test results.**
The owner or operator of the emission facility shall submit a test report and any additional information required by the applicable requirement, compliance document, or test plan. A report shall be submitted for any performance test that was required pursuant to part 7017.2020, subpart 1, whether or not the test data indicates compliance with the applicable emission limits or operating conditions and whether or not the test was completed according to the approved test plan.
**Subp. 2. Submittal schedule.**
The performance test report must be postmarked or received within 45 days following completion of the performance test unless an alternate schedule is given in the applicable compliance document. The owner or operator of the emission facility may request in the test plan that the submittal deadline be extended by up to 15 days if the complexity of the test schedule or the laboratory analysis is such that submittal within 45 days is impractical.
**Subp. 3. Complete report.**
The report must include the following elements:
A. Cover:
B. Certification: signed and dated certification statements in the format required by part 7017.2040.
C. Introduction:
D. Summary of results:
E. Operating parameters: readings of discrete data from monitoring instruments must be recorded at least every 15 minutes or other reasonable time interval as approved by the commissioner during the test and strip charts or retrieved electronic data from continuous monitors must be included in the test report:
F. Maintenance: description, including dates, of all maintenance and operational inspections, including major cleaning operations and replacement, repair, or modification of functional components of process or control equipment done in the month prior to the test.
G. Sampling and analysis procedures:
H. Appendix:
I. Additional information:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1412; 23 SR 145; 41 SR 763*
##### **Minn. R. 7017.2040** Certification of Performance Test Results {#sec-7017.2040 omnilex-key=us-mn-regs-official--agency-167--7017.2040}
**Subpart 1. Certification required.**
The test report shall contain a certification by the responsible parties that the test results have been reported accurately, that the field data are a true representation of the sampling procedures, and that the process data are a true indicator of the operating parameters of the emissions unit at the time of the performance test. The commissioner shall reject the results of a performance test if the test report does not contain the certifications required by subparts 2 to 5 or if any of the certifications in subparts 2 to 5 are determined to be false.
**Subp. 2. Certification of sampling procedures.**
The team leader of the personnel conducting the sampling procedures shall certify that the data presented in the test report is true, accurate, and complete. The following statement shall be signed and dated by that person:
"I certify under penalty of law that the sampling procedures were performed in accordance with the approved test plan and that the data presented in this test report are, to the best of my knowledge and belief, true, accurate, and complete. All exceptions are listed and explained below."
**Subp. 3. Certification of analytical procedures.**
The person responsible for the laboratory analysis of field samples from a performance test shall certify that the data presented for use in the test report is true, accurate, and complete. The following statement shall be signed and dated by that person:
"I certify under penalty of law that the analytical procedures were performed in accordance with the requirements of the test methods and that the data presented for use in the test report were, to the best of my knowledge and belief, true, accurate, and complete. All exceptions are listed and explained below."
**Subp. 4. Certification of test report by testing company.**
The senior staff person at the testing company who is responsible for compiling and checking the test report shall certify that the information contained within the test report is true, accurate, and complete. The following statement shall be signed and dated by that person:
"I certify under penalty of law that this test report and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the test information submitted. Based on my inquiry of the person or persons who performed sampling and analysis relating to the performance test, the information submitted in this test report is, to the best of my knowledge and belief, true, accurate, and complete. All exceptions are listed and explained below."
**Subp. 5. Certification of test report by owner or operator of emission facility.**
The owner or operator of the emission facility shall certify that the report accurately reflects the operating conditions at the emission facility during the performance test and that the required operational and maintenance data for the month prior to the performance test has been reported in a true, accurate, and complete manner. The following statement shall be signed and dated by that person:
"I certify under penalty of law that the information submitted in this test report accurately reflects the operating conditions at the emission facility during this performance test and describes the date and nature of all operational and maintenance activities that were performed on process and control equipment during the month prior to the performance test. Based on my inquiry of the person or persons who performed the operational and maintenance activities, the information submitted in this test report is, to the best of my knowledge and belief, true, accurate, and complete. All exceptions are listed and explained below."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1412; 20 SR 2316*
##### **Minn. R. 7017.2045** Quality Assurance Requirements {#sec-7017.2045 omnilex-key=us-mn-regs-official--agency-167--7017.2045}
**Subpart 1. Witnessing.**
A performance test may be witnessed by either the commissioner or an authorized employee or agent of the commissioner or by EPA staff.
**Subp. 2. EPA audit samples.**
The owner or operator of the emission facility shall have the testing company conducting the performance test analyze any EPA audit sample issued by EPA or the commissioner in accordance with EPA protocol. If the audit sample is a reusable sample that EPA requires to be returned, the owner or operator of the emission facility shall return the sample as directed by EPA, in good condition and within the time allowed by EPA. The results of the audit shall be included in the test report.
**Subp. 3. Quality assurance.**
Any performance test shall meet the minimum requirements for quality assurance, performance standards, and specifications as stated in the reference method or in the alternative or equivalent method. The provisions in items A and B also apply.
A. All test runs for a given air pollutant shall be completed within a single 24-hour period unless process variables make this impractical or the method requires test runs of three hours or greater, in which case the runs may be conducted on consecutive days provided that the test is conducted according to the provisions of the approved test plan on each day.
B. Only employees of the testing company may operate source sampling equipment or otherwise be a part of the emission sampling or analysis of air pollutants from the emission facility during a performance test. The owner or operator or employees of the emission facility may not assist in any sampling or any analysis of samples unless authorized within an approved test plan. Any request to deviate from the requirements of this subpart shall be submitted at least seven working days before the performance test. The commissioner shall reject the results of each test run where deviations from quality assurance or methodology or test plan requirements exceeded those allowed under subpart 4.
**Subp. 4. Deviation from quality assurance, test method, or test plan.**
The commissioner shall reject the results of a performance test if there was a deviation from the quality assurance requirements of this part, from the test method, or from the approved test plan unless:
A. the deviation was approved in writing by the commissioner prior to the test;
B. the deviation was from the test method and did not adversely affect the precision or scope of the test method under the conditions of the performance test, and the test requirement was not subject to federal regulation;
C. the deviation was from the test method and was within the guidelines of that method and was necessitated by field conditions; or
D. the deviation was from the operating conditions required of the emissions unit and was within the range of operating conditions allowed by the applicable requirement or compliance document such that the compliance status of the emission facility can be determined under the test conditions. In this case, the conditions of part 7017.2025 apply.
**Subp. 5. Precision of test methods.**
The inherent precision, level of confidence, and bias of any test method approved by the commissioner for use during a performance test shall not be a factor in determining the compliance status of an emission facility. However, the commissioner shall reject any test runs that were not conducted with acceptable accuracy within the limits of the test method and the sampling conditions or if the detection limit of the test method was higher than the applicable emission standard.
If the commissioner determines that the test results are valid under the quality assurance requirements of the method and that the performance test was conducted in accordance with parts 7017.2001 to 7017.7060 and the applicable requirement or compliance document and the test result exceeds the applicable emission limit by any amount, the owner or operator is in violation of that emission limit.
**Subp. 6. Adjustments for detection limit.**
The commissioner shall require that the sample volume to be collected be increased above the minimum amount specified in an applicable requirement or compliance document, if necessary to ensure that the amount or concentration of the pollutant collected is greater than the detection limit given by the analytical procedure employed upon the field samples. If the commissioner requires this, the minimum sample volume shall be determined by the following equation:
In cases where a performance test for a pollutant yields a result that is less than the detection limit of the method as utilized, the results shall be calculated and reported as less than or equal to that detection limit.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1412; 23 SR 145*
##### **Minn. R. 7017.2050** Performance Test Methods {#sec-7017.2050 omnilex-key=us-mn-regs-official--agency-167--7017.2050}
**Subpart 1. Test methods.**
Unless a different method is given in an applicable requirement or compliance document, the owner or operator of an emission facility shall conduct performance tests using the methods incorporated by reference in part 7017.2010 and following the requirements in part 7017.2060, unless an alternative or equivalent method is approved or required by the commissioner in accordance with subpart 2. If the methods incorporated by reference include exemptions and exclusions that do not meet the requirements of parts 7017.2001 to 7017.2060, the exemptions and exclusions do not apply.
**Subp. 2. Alternative or equivalent test methods.**
In lieu of the test method described in subpart 1, the commissioner may, if the performance test is not required for demonstration of compliance with a federal regulation:
A. specify or approve minor changes that will not adversely affect the precision or scope of the test method as applied to the conditions of the performance test;
B. approve the use of an equivalent method; or
C. approve the use of an alternative method.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1412; 23 SR 145; 41 SR 763*
##### **Minn. R. 7017.2060** Performance Test Procedures {#sec-7017.2060 omnilex-key=us-mn-regs-official--agency-167--7017.2060}
**Subpart 1. Applicability.**
For the purpose of using the methods referenced in part 7017.2050, the requirements in this part apply unless otherwise stated in the applicable requirement or compliance document.
**Subp. 2. Sample port location.**
The sampling location, as selected by Method 1, is the same for each pollutant during a performance test.
**Subp. 3. Particulate matter determination.**
The owner or operator must conduct particulate matter emission tests as required in this subpart.
A. Unless the commissioner has approved an equivalent method, the owner or operator must use Method 5, Code of Federal Regulations, title 40, part 60, Appendix A-3, as amended, and Method 202, Code of Federal Regulations, title 40, part 51, Appendix M, as amended.
B. The owner or operator must report:
C. An emission facility's compliance status is based on a comparison of the sum of filterable and organic condensable particulate matter to the applicable limit, unless otherwise required under chapter 7011.
D. When submitting a proposed test plan, an owner or operator may apply to the commissioner to exclude organic condensable particulate matter from a performance test for particulate matter. The owner or operator must demonstrate:
**Subp. 4. PM-10 determination.**
The owner or operator must conduct PM-10 emission tests as required in this subpart.
A. Unless the commissioner has approved an equivalent method, the owner or operator must use Method 201 or 201A, Code of Federal Regulations, title 40, part 51, Appendix M, as amended, and Method 202, Code of Federal Regulations, title 40, part 51, Appendix M, as amended.
B. The owner or operator must report:
C. An emission facility's compliance status is based on a comparison of the sum of filterable, organic condensable, and inorganic condensable PM-10 to the applicable PM-10 limit, unless otherwise required under chapter 7011.
D. When submitting a proposed test plan, an owner or operator may apply to the commissioner to exclude organic and inorganic condensable particulate matter from a performance test for PM-10. The owner or operator must demonstrate:
**Subp. 4a. PM-2.5 determination.**
The owner or operator must conduct PM-2.5 emission tests as required in this subpart.
A. Unless the commissioner has approved an equivalent method, the owner or operator must use Method 201A, Code of Federal Regulations, title 40, part 51, Appendix M, as amended, and Method 202, Code of Federal Regulations, title 40, part 51, Appendix M, as amended.
B. The owner or operator must report:
C. An emission facility's compliance status is based on a comparison of the sum of filterable, organic condensable, and inorganic condensable to the applicable PM-2.5 limit, unless otherwise required under chapter 7011.
D. When submitting a proposed test plan, an owner or operator may apply to the commissioner to exclude organic and inorganic condensable particulate matter from a performance test for PM-2.5. The owner or operator must demonstrate:
**Subp. 5. Opacity determination by Method 9.**
Opacity observations must be performed by a certified observer and in accordance with the requirements of Method 9. In addition, the requirements of subpart 6 and the following items apply:
A. The commissioner must reject the opacity results if the commissioner cannot determine the compliance status of the emission facility due to error, bias, or insufficient documentation during the performance test. The recommendations of Method 9 and EPA document EPA-600/4-77-027b, Addition Section 3.12 (Feb. 1984), as amended, entitled "Quality Assurance Handbook for Air Pollution Measurement Systems: Volume III. Stationary Source Specific Methods," which is incorporated by reference, must be used in determining the acceptability of opacity results. This document is available through the Minitex interlibrary loan system and is not subject to frequent change.
B. One series of readings is required for each condition where opacity is required to be tested. Each test run consists of 240 consecutive readings at 15-second intervals and must be obtained concurrently with a test run for particulate matter, where applicable. Copies of the opacity form showing all readings and required notation must be included in the performance test report.
C. The results of continuous monitoring by transmissometer that indicate that the opacity at the time visual observations were made was not in excess of the standard are probative but not conclusive evidence of the actual opacity of an emission if the owner or operator meets the burden of proving that the instrument used met, at the time of the alleged violation, Performance Specification 1, had been properly maintained and, at the time of the alleged violation, calibrated, and that the resulting data have not been tampered with in any way. The data is subject to the reduction processes in subpart 6.
D. Data reduction must be performed in accordance with Paragraph 2.5 of Method 9 and subpart 6. A one-hour period means any 60 consecutive minutes and a six-minute period means any set of 24 consecutive 15-second intervals.
**Subp. 6. Opacity data reduction procedures.**
For the purpose of this part, "excursion" means an opacity higher than the base standard that is allowed for a limited number of minutes within a time period. Compliance with opacity limits is determined from all data points collected in an averaging period and according to items A and B.
A. For opacity standards that allow excursions based on six-minute periods, an exceedance of the standard occurs if, having taken the allowable excursion into account, any six-minute average exceeds the standard. The exceedance is expressed as the value of the highest six-minute average and the number of nonoverlapping six-minute averages that exceed the standard within the period of the test run.
B. For opacity standards that do not allow excursions, an exceedance of the standard occurs if any six-minute average exceeds the standard. The exceedance is expressed as the value of the highest six-minute average and the number of nonoverlapping six-minute averages that exceed the standard within the period of the test run.
**Subp. 7. Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans determination.**
For Method 23, each sample run must be at least three hours in duration at an average sampling rate of 0.5 dscf/minute or higher. The minimum sample volume is 90 dscf. Longer test runs may be required by the commissioner to collect a greater sample volume if low resolution mass spectroscopy is to be used for analysis of the field samples or as otherwise required by part 7017.2045, subpart 6.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 18 SR 1412; 23 SR 145; 41 SR 763; 44 SR 1030*
## **Chapter 7019** EMISSION INVENTORY REQUIREMENTS
##### **Minn. R. 7019.0050** General Provisions of Emission Inventory Requirements {#sec-7019.0050 omnilex-key=us-mn-regs-official--agency-167--7019.0050}
References to the administrator in the incorporated federal regulations refer to the commissioner, except when authorities are specifically identified in Code of Federal Regulations or state rule as nondelegable.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 44 SR 1030*
##### **Minn. R. 7019.0100** Incorporation by Reference; Notification and Record-Keeping Requirements {#sec-7019.0100 omnilex-key=us-mn-regs-official--agency-167--7019.0100}
**Subpart 1. New source performance standards.**
Code of Federal Regulations, title 40, section 60.7, as amended, entitled "Notification and record keeping," is incorporated by reference.
**Subp. 2. National emission standards for hazardous air pollutants.**
The following are incorporated by reference:
A. Code of Federal Regulations, title 40, section 63.9, as amended, entitled "Notification requirements."
B. Code of Federal Regulations, title 40, section 63.10, as amended, entitled "Recordkeeping and reporting requirements."
C. Code of Federal Regulations, title 40, section 61.09, as amended, entitled "Notification of Startup."
D. Code of Federal Regulations, title 40, section 61.10, as amended, entitled "Source reporting and waiver request."
**Subp. 3.**
[Repealed, 44 SR 1030]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 580; 20 SR 2254(NO. 42); 44 SR 1030*
##### **Minn. R. 7019.1000** Notifications of Deviations Endangering Human Health or the Environment; Shutdowns and Breakdowns {#sec-7019.1000 omnilex-key=us-mn-regs-official--agency-167--7019.1000}
**Subpart 1. Notification of deviations that endanger human health or the environment.**
The owner or operator of an emission facility, in the event of any deviation, as defined in part 7007.0100, subpart 8a, that could endanger human health or the environment, must notify, orally or by email, the commissioner or must telephone the state duty officer at 800-422-0798 or 651-649-5451 immediately after discovery of the deviation or immediately after when the deviation reasonably should have been discovered by the owner or operator. Within two working days of the discovery, the owner or operator must submit to the commissioner a written description of the deviation stating:
A. the cause of the deviation;
B. the exact dates of the period of the deviation, if the deviation has been corrected;
C. whether or not the deviation has been corrected;
D. the anticipated time by which the deviation is expected to be corrected, if not yet corrected; and
E. steps taken or planned to reduce, eliminate, and prevent reoccurrence of the deviation.
**Subp. 2. Breakdown notification.**
The owner or operator of an emission facility, emissions unit, or stationary source must notify the commissioner within 24 hours of a breakdown of more than one hour of any control equipment or process equipment if the breakdown causes any increase in the emissions of any regulated air pollutant. The 24-hour period starts when the breakdown was discovered or reasonably should have been discovered by the owner or operator. However, notification is not required if:
A. an applicable requirement as defined in part 7007.0100, subpart 7, or compliance document as defined in part 7017.2005, subpart 2, does not require operation of the control equipment;
B. an applicable requirement or compliance document specifies alternative minimum operating conditions for the process or control equipment that are still complied with despite the breakdown; or
C. the facility directly and continuously monitors the emissions with a continuous emissions monitor or similar direct monitoring device that demonstrates emissions do not exceed the applicable limit of any regulated pollutant during the breakdown. At the time of notification or as soon as possible thereafter, the owner or operator must inform the commissioner of the cause of the breakdown and the estimated duration. The owner or operator must notify the commissioner when the breakdown is over.
**Subp. 3. Shutdown notification.**
The owner or operator of an emission facility, emissions unit, or stationary source must notify the commissioner at least 24 hours in advance of a planned shutdown of any control equipment or process equipment if the shutdown would cause any increase in the emissions of any regulated air pollutant. If the owner or operator does not have advance knowledge of the shutdown, the owner or operator must notify the commissioner as soon as possible after the shutdown. However, notification is not required if:
A. an applicable requirement as defined in part 7007.0100, subpart 7, or compliance document as defined in part 7017.2005, subpart 2, allows the shutdown of, or does not require operation of, the control equipment;
B. an applicable requirement or compliance document specifies alternative minimum operating conditions for the process or control equipment that are still complied with despite the shutdown; or
C. the facility directly and continuously monitors the emissions with a continuous emissions monitor or similar direct monitoring device that demonstrates emissions do not exceed the applicable limit of any regulated pollutant during the shutdown. At the time of notification, the owner or operator must inform the commissioner of the cause of the shutdown and the estimated duration. The owner or operator must notify the commissioner when the shutdown is over.
**Subp. 4. Operation changes.**
In any shutdown, breakdown, or deviation covered by subpart 1, 2, or 3, the owner or operator must immediately or as soon as possible considering plant and personnel safety take all practical steps to modify operations to reduce the emission of any regulated air pollutant. No emissions units that have an unreasonable shutdown or breakdown frequency of process or control equipment are permitted to operate.
**Subp. 5. Effect of rule.**
Nothing in this part:
A. allows operation of an emission facility, emissions unit, or stationary source that may endanger human health or the environment;
B. allows the owner or operator of an emission facility to violate an applicable requirement or compliance document;
C. excuses compliance with Minnesota Statutes, section 116.061;
D. prevents the agency from exercising its emergency powers under Minnesota Statutes, section 116.11, in the event that conditions warranting such action shall arise; or
E. prevents the owner or operator of an emission facility from establishing the emergency defense described in part 7007.1850 if the owner or operator meets the requirements of that part.
**Subp. 6.**
[Repealed, 46 SR 1209]
**Subp. 7. Transition to amended rule.**
The amendments to this part that take effect on January 20, 1998, supersede the requirements of permit conditions based on this part in air emission permits issued by the agency prior to January 1, 1998.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614; 21 SR 165; 22 SR 1237; 23 SR 2224; 46 SR 1209*
##### **Minn. R. 7019.2000** Repealed by subpart {#sec-7019.2000 omnilex-key=us-mn-regs-official--agency-167--7019.2000}
**Subpart 1.**
[Repealed, 23 SR 1764]
**Subp. 2.**
[Repealed, 23 SR 1764]
**Subp. 3.**
[Repealed, 23 SR 1764]
**Subp. 4.**
[Repealed, 17 SR 440]
##### **Minn. R. 7019.3000** Emission Inventory {#sec-7019.3000 omnilex-key=us-mn-regs-official--agency-167--7019.3000}
**Subpart 1. Emission inventory required.**
A. All owners or operators of emission reporting facilities, as defined in part 7002.0015, subpart 3a, and air toxics reporting facilities, as defined in part 7005.0100, subpart 2d, must submit an annual emission inventory report to the commissioner.
B. The report under item A must meet the following criteria:
C. (1) All owners or operators of facilities issued option B registration permits under part 7007.1120 must submit either an emission inventory using methods described under subitem (3) and parts 7019.3020 to 7019.3100 or the certification and VOC-containing material report in subitem (2). The report must be submitted on or before April 1 following the calendar year being reported.
**Subp. 2. Owner or operator error in reporting data.**
If an owner or operator discovers an error in the data after having submitted it to the commissioner, the owner or operator must submit corrected data, with a written explanation of the mistake and why it occurred. If the commissioner agrees that the correction is appropriate, the commissioner must correct the data in the inventory. However, for purposes of assessing the emission fee under part 7002.0025, the commissioner must not accept any correction submitted by an owner or operator that would result in a reduction of tons emitted if the correction is submitted more than 45 days after the mailing date of the previous calendar year's air emissions summary.
**Subp. 3. Mercury emission sources.**
A. Owners or operators of a mercury emission source as defined in part 7005.0100, subpart 23b, must submit an annual emission inventory report of the mercury emissions to the commissioner in a format specified by the commissioner. The report must be submitted on or before April 1 of the year following the calendar year being reported.
B. Owners or operators of stationary sources that have air emissions of mercury but that are not mercury emission sources must report every three years.
C. Owners or operators of stationary sources that are air toxics reporting facilities must report mercury emissions as provided under part 7019.3110.
**Subp. 4. Possible mercury emission sources.**
If the commissioner determines that a stationary source has activity levels or emission factors that indicate that the source may be a mercury emission source, the commissioner may request that the owners or operators quantify the source's mercury emissions using the methods listed in part 7019.3030, subpart 1. The owners or operators must complete the quantification and submit a report to the commissioner within 120 days of the commissioner's request.
**History**
- *Statutory Authority: MS s 116.062; 116.07*
- *History: 17 SR 440; 18 SR 614; 18 SR 1059; 21 SR 165; 28 SR 1482; 32 SR 904; 39 SR 386; 50 SR 365*
##### **Minn. R. 7019.3010** [Repealed, 21 SR 165] {#sec-7019.3010 omnilex-key=us-mn-regs-official--agency-167--7019.3010}
[Repealed, 21 SR 165]
##### **Minn. R. 7019.3020** Calculating Actual Emissions for Emission Inventory {#sec-7019.3020 omnilex-key=us-mn-regs-official--agency-167--7019.3020}
**Subpart 1. Scope.**
Emissions from all emissions units must be reported in the annual emissions inventory report in a format specified by the commissioner.
**Subp. 2. Insignificant activities.**
Emission reporting facilities and air toxics reporting facilities are not required to report emissions from insignificant activities listed in part 7007.1300 and conditionally insignificant activities listed in part 7008.4000 unless:
A. the commissioner or owner or operator has determined that emissions from those activities are not insignificant for purposes of permitting under parts 7007.0100 to 7007.1800 or for those activities required to be quantified by a facility issued a capped permit option 1; or
B. the commissioner requests an inventory of fugitive emissions from roads and parking lots, defined as insignificant under part 7007.1300, subpart 3, item G, upon determining that emissions from these sources represent a substantial portion of the facility's total emissions.
**Subp. 3. Calculating emissions.**
Except as provided in subparts 4 to 7, all owners or operators of emission reporting facilities, as defined in part 7002.0015, subpart 3a, or facilities issued option B registration permits under part 7007.1120 that choose to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), must calculate emissions based on parts 7019.3030 to 7019.3100, except for any facility that has obtained an option A, C, or D registration permit under part 7007.1115, 7007.1125, or 7007.1130 or a capped permit under parts 7007.1140 to 7007.1148.
**Subp. 4. Calculating emissions for option A permits.**
Owners or operators of emission reporting facilities that hold an air emission permit under part 7007.1115, registration permit option A, must report actual emissions calculated for the calendar year for which emissions are being reported in a format specified by the commissioner. The owners or operators of a facility issued an option A registration permit under part 7007.1115 must calculate emissions for all emission units using the methods listed in parts 7019.3030 to 7019.3100.
**Subp. 5. Calculating emissions for option C permits.**
All owners or operators of emission reporting facilities that have obtained an air emission permit under part 7007.1125, registration permit option C, must report the quantity of each fuel purchased or used (whichever was stated in the facility's registration permit application) in the calendar year for which emissions are being calculated. The report must apportion the quantity of fuel burned with the type of combustion unit (indirect heating units or internal combustion engines) that it was burned in. The owner or operator must report the quantity of VOC-containing materials purchased or used (whichever is stated in the facility's registration permit application) in the calendar year for which emissions are being calculated and air toxics emissions using the method listed in part 7019.3060. The owners or operators reporting VOC-containing materials purchases or usage must also report the weight factor (WF) of the VOC and air toxics in the materials (weight of VOC per weight of VOC-containing materials) and the density of the materials.
**Subp. 6. Calculating emissions for option D permits.**
All owners or operators of emission reporting facilities that have obtained an air emission permit under part 7007.1130, registration permit option D, must report the actual emissions calculated for purposes of compliance demonstration required in part 7007.1130, subpart 3, item E, for the calendar year for which emissions are being reported in a format specified by the commissioner.
**Subp. 7. Calculating emissions for capped permits.**
All owners or operators of emission reporting facilities that have obtained an air emission permit under parts 7007.1140 to 7007.1148, capped permit, must report the actual emissions calculated for purposes of compliance demonstration required in part 7007.1146, subpart 2, item H, for the calendar year for which emissions are being reported for all emission units in a format specified by the commissioner.
**Subp. 8. Material balance.**
All owners or operators of an emission reporting facility submitting an emission inventory based in whole, or in part, on a material balance calculation must submit a sample material balance calculation with the emission inventory. Such facilities must also maintain a record of the safety data sheets or vendor certification of the VOC, air toxics, mercury, or sulfur content of the material for each material or fuel used and the material balance calculations for five years after the date the emission inventory is submitted.
**Subp. 9. Control equipment.**
An emission inventory may be based on the use of control equipment only if the use of the specific control equipment is required under conditions of a permit or applicable requirement as defined in part 7007.0100, subpart 7, or is included in a notification received by the commissioner under part 7007.1150, item C. This subpart applies upon issuance under chapter 7007 of a registration, state, capped, general, or part 70 permit to a stationary source.
**Subp. 10. Control efficiency factors.**
An owner or operator submitting the emission inventory must apply control efficiency factors, as defined under part 7005.0100, subpart 9b, to air toxics emissions calculations according to items A and B, unless the control efficiency factor for the pollutant is identified in the permit. The owner or operator must:
A. use the VOC control efficiency factor for volatile air toxics; and
B. use the PM10 control efficiency factor for particulate air toxics.
**History**
- *Statutory Authority: MS s 115.03; 116.062; 116.07*
- *History: 21 SR 165; 29 SR 626; 32 SR 904; 39 SR 386; 41 SR 763; 43 SR 797; 50 SR 365*
##### **Minn. R. 7019.3030** Method of Calculation {#sec-7019.3030 omnilex-key=us-mn-regs-official--agency-167--7019.3030}
**Subpart 1. Method hierarchy.**
The owner or operator of an emission reporting facility, except one issued an option C or D registration permit under part 7007.1125 or 7007.1130 or a capped permit under parts 7007.1140 to 7007.1148, must calculate the facility's actual emissions using the methods listed in items A to D. The owner or operator of an air toxics reporting facility issued an option D registration permit or a capped permit must calculate air toxics emissions for each emission unit using the methods listed in items A to D, except that similar emission units may be aggregated. The methods are listed in a hierarchy of the most preferred method to the least preferred method. The most preferred method available must be used. Where more than one method is listed in the item, they are considered to be equal in the hierarchy and any can be used:
A. part 7019.3040 (continuous emission monitor data);
B. part 7019.3050 (performance test data);
C. part 7019.3060 (VOC and air toxics material balance), 7019.3065 (mercury material balance), 7019.3070 (SO2 material balance), 7019.3080 (emission factor), or 7019.3090 (enforceable limitations), as applicable; or
D. part 7019.3100 (facility proposal).
**Subp. 2. Option B permit fees.**
The owner or operator of a facility issued an option B registration permit under part 7007.1120 that chooses to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1):
A. must calculate the facility's actual emissions using the methods listed in part 7019.3060; and
B. must not consider the effects of pollution control equipment on emissions from the use of VOC-containing materials when calculating actual emissions for an emissions inventory.
**Subp. 3. Selecting calculation method.**
For purposes of selecting a calculation method, a method is considered available if the conditions associated with the method in parts 7019.3040 to 7019.3100 are met. The method described in part 7019.3100 may be used if the proposal is submitted to the commissioner by September 1 of the first calendar year for which the emissions are being calculated. The commissioner must reject data submitted using the methods described in parts 7019.3040 to 7019.3090 if the conditions for the method are not fully met.
**Subp. 4. Reporting individual pollutants.**
An owner or operator of a facility must report individual pollutants to the maximum extent feasible. If the owner or operator cannot report individual pollutants within a group, such as lead compounds or nickel compounds, the owner or operator must report total emissions as a group.
**History**
- *Statutory Authority: MS s 116.062; 116.07*
- *History: 21 SR 165; 29 SR 626; 32 SR 904; 39 SR 386; 44 SR 1030; 50 SR 365*
##### **Minn. R. 7019.3040** Continuous Emission Monitor (cem) Data {#sec-7019.3040 omnilex-key=us-mn-regs-official--agency-167--7019.3040}
A. If an emission reporting facility or a facility issued an option B registration permit under part 7007.1120 that chooses to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), has collected emissions data through use of a CEM in compliance with the preconditions in subitems (1) and (2), the owner or operator must report that data to the commissioner in the facility's emission inventory. The emission inventory submitted must be based on all the CEM data. The requirements in subitems (1) and (2) must be met:
B. An emission inventory submitted according to item A must include:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 165; 23 SR 1764; 46 SR 1209*
##### **Minn. R. 7019.3050** Performance Test Data {#sec-7019.3050 omnilex-key=us-mn-regs-official--agency-167--7019.3050}
A. If an emission reporting facility or mercury emission source as defined in part 7005.0100, subpart 23b, has collected representative emission data through the use of performance tests in compliance with the preconditions in items B and C, and if CEM data under part 7019.3040 is not available, the facility shall calculate its emissions based on performance tests. If the emission data is unrepresentative because fuel or material feed used under the test conditions is substantially different than the conditions under which the emissions unit is normally operated or because the emissions unit has been modified, the facility shall calculate its emissions based on the next highest available method. Emissions unit operating load variation from test load does not make the data unrepresentative. In the event that the facility has collected emission data through the use of performance tests and determines that the data is unrepresentative for any reason, the facility shall submit an explanation of why the data is unrepresentative with the emissions calculated using the next highest available method. The commissioner shall determine if the conditions of the performance test were representative based upon the operating data supplied by the facility for the year of the inventory.
B. All the requirements of parts 7017.2001 to 7017.2060, including the requirement to notify the commissioner prior to conducting performance tests as required in part 7017.2030, subpart 1, all other applicable state and federal laws, and all applicable air emission permit conditions relating to performance testing have been complied with.
C. For facilities that are required to conduct annual performance testing, the test was performed during the calendar year for which the emissions are being calculated. If the commissioner granted the facility an extension to a testing deadline that resulted in the test being performed after the calendar year but prior to the emissions inventory submittal deadline, the data from that test may be used. For facilities that are not required to conduct annual performance testing, the emission factors used are derived from the most recently conducted performance test. Unless required under item D, performance test data may not be more than ten years older than the last date of the emission inventory period and must be representative of operating conditions during the calendar year for which the emission inventory is being submitted.
D. If the most recently conducted performance test data is more than ten years older than the last date of the emission inventory period, then the emission factor derived from the performance test shall be used if it results in higher calculated emissions than any default emission factor allowed under part 7019.3060, 7019.3070, or 7019.3080, as applicable, unless an alternative factor is approved by the commissioner under part 7019.3100 (facility proposal) or unless continuous emission monitor data that satisfies the conditions of part 7019.3040 is available. The performance test data must be representative of operating conditions during the calendar year for which the emission inventory is being submitted. Mercury emission sources, as defined in part 7005.0100, subpart 23b, must follow the testing schedule in item E.
E. Unless a mercury emission source, as defined in part 7005.0100, subpart 23b, is already subject to a compliance demonstration for mercury under another applicable requirement, operating permit, or enforceable agreement, the owners or operators of the source must test according to subitems (1) to (5):
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 165; 32 SR 904; 39 SR 386*
##### **Minn. R. 7019.3060** Volatile Organic Compound (voc) and Air Toxics Material Balance {#sec-7019.3060 omnilex-key=us-mn-regs-official--agency-167--7019.3060}
If the methods in part 7019.3040 or 7019.3050 are unavailable to the owner or operator of an emission reporting facility or a facility issued an option B registration permit under part 7007.1120 that chooses to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), the facility may calculate VOC and air toxics emissions using the material balance method described in this part. This method may be used in conjunction with or instead of emission factors and enforceable limitations methods described in parts 7019.3080 and 7019.3090, where applicable. A person using material balance to calculate VOC and air toxics emissions must determine the total VOC emissions and air toxics emissions (E) as follows:
E = (A - B - C) * (1 - CE)
where:
A = the amount of VOC and air toxics entering the process. The amount of VOC used in this calculation must be the amount certified by the supplier, the maximum amount stated on the material safety data sheet, or the amount determined by reference method 24. The amount of air toxic used in the calculation must be the amount certified by the supplier or the maximum amount stated on the safety data sheet, unless an amount has been previously determined by an approved reference methodology.
B = the amount of VOC and air toxics incorporated into the product. This includes VOCs chemically transformed in production. An explanation of this calculation must also be submitted.
C = the amount of VOC and air toxics, if any, leaving the process as waste, or otherwise not incorporated into the product and not emitted to the air. If the actual VOC and air toxics content of the waste is unknown, then C = 0.
CE = the control efficiency, or the product of capture efficiency and collection or destruction efficiency, of any device used to capture and/or control VOC and air toxics emissions, expressed as a decimal fraction of 1.00. The control efficiency must be based on efficiency factors, as defined in part 7005.0100, subpart 9b, including air toxics, or must be based on the control efficiency verified by a performance test conducted according to parts 7017.2001 to 7017.2060 and 7019.3050. The overall efficiency of a pollution control system that uses a hood, as defined in part 7011.0060, subpart 2, as the emission capture device must be based on a capture efficiency of 60 percent. If an alternative capture efficiency has been determined by a performance test conducted according to parts 7017.2001 to 7017.2060 and 7019.3050, that capture efficiency must be used in the calculation of actual emissions.
**History**
- *Statutory Authority: MS s 116.062; 116.07*
- *History: 21 SR 165; 46 SR 1209; 50 SR 365*
##### **Minn. R. 7019.3065** Mercury Material Balance {#sec-7019.3065 omnilex-key=us-mn-regs-official--agency-167--7019.3065}
If the methods in parts 7019.3040 and 7019.3050 are unavailable to the owner or operator of an emission reporting facility, the owner or operator of a mercury emission source may calculate mercury air emissions using the material balance method described in this part. This method may be used in conjunction with or instead of emission factors and enforceable limitations methods described in parts 7019.3080 and 7019.3090, where applicable. A person using material balance to calculate mercury emissions must determine the total mercury air emissions (E) as follows:
E = (A - B - C) * (1 - CE)
Where:
A = the total amount of mercury entering the process. The amount of mercury used in this calculation must be the amount certified by the supplier, the maximum amount stated on a material safety data sheet, or the maximum amount determined by sample analysis using a reference method.
B = the sum of the amount of mercury incorporated into manufactured products. The owner or operator must submit an explanation of how this quantity was determined.
C = the sum of the amount of mercury leaving the process by a mechanism other than through controlled stack gases or in a product, as when material leaves the process as a waste, is recycled, or is approved for beneficial reuse. The mercury leaving the process by such a mechanism must be established by sample analysis using a reference method. If the actual mercury content of the mercury leaving the process is unknown, then C = 0.
CE = the control efficiency, or the product of capture efficiency and collection or destruction efficiency, of any air pollution control device used to capture or control mercury air emissions, expressed as a decimal fraction of 1.00. The control efficiency must be based on efficiency factors, as defined in part 7005.0100, subpart 9b, or must be based on the control efficiency verified by a performance test conducted according to parts 7017.2001 to 7017.2060.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 39 SR 386; 46 SR 1209*
##### **Minn. R. 7019.3070** So2 Material Balance {#sec-7019.3070 omnilex-key=us-mn-regs-official--agency-167--7019.3070}
If the methods in parts 7019.3040 and 7019.3050 are unavailable to the owner or operator of an emission reporting facility, the owner or operator may calculate sulfur dioxide emissions using the SO2 material balance method described in this part. To use this method, the owner or operator must measure the sulfur content of the fuel and assume that all the sulfur in the fuel is oxidized to sulfur dioxide. This method may be used in conjunction with or instead of emission factors and enforceable limitations methods described in parts 7019.3080 and 7019.3090, where applicable. The sulfur content of each batch of fuel received must be certified by the supplier or an independent laboratory. The sulfur content must be determined using American Society for Testing and Materials (ASTM) methods. The sulfur dioxide emissions must be determined by using the following equation:
SO2 = %S/100 x F/2000 x 2
where:
SO2 = Sulfur dioxide emissions from a batch of fuel.
%S = Weight percent sulfur in the fuel being burned.
F = Amount of fuel burned by weight in pounds.
2000 = Pounds per ton.
2 or 64/32 = Pounds of sulfur dioxide per pound of sulfur in one pound-mole.
The total sulfur dioxide emissions for the year must be the sum total of the individual batch totals.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 165; 46 SR 1209*
##### **Minn. R. 7019.3080** Emission Factors {#sec-7019.3080 omnilex-key=us-mn-regs-official--agency-167--7019.3080}
A. If the methods in parts 7019.3040 and 7019.3050 are unavailable to the owner or operator of an emission reporting facility or a facility issued an option B registration permit under part 7007.1120 that chooses to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), the owner or operator may calculate the facility's emissions using emission factors as defined in part 7005.0100, subpart 10a, and as described in this part. This method may be used in conjunction with or instead of material balance and enforceable limitations methods described in parts 7019.3060, 7019.3070, and 7019.3090, where applicable. Calculations of actual emissions must be based on operating data multiplied by an emission factor. The owner or operator must include operating data necessary to apply the emission factor used in the calculation of emissions in this method in the emission inventory. Operating data means the data necessary to apply the emission factor to calculate emissions. For example, tons of material handled is the necessary operating data for an emissions factor expressed as "tons of pollutant/ton of material handled."
B. Control equipment efficiency must be based on efficiency factors as defined in part 7005.0100, subpart 9b, including air toxics, or on the efficiency verified by a performance test conducted according to parts 7017.2001 to 7017.2060 and 7019.3050. Calculations of actual emissions from an emission unit through a pollution control system that uses a hood, as defined in part 7011.0060, subpart 2, as the emission capture device must be based on a capture efficiency of 80 percent. If an alternative capture efficiency has been determined by a performance test conducted according to parts 7017.2001 to 7017.2060 and 7019.3050, the owner or operator must use that capture efficiency in the calculation of actual emissions.
**History**
- *Statutory Authority: MS s 116.062; 116.07*
- *History: 21 SR 165; 32 SR 904; 46 SR 1209; 50 SR 365*
##### **Minn. R. 7019.3090** Enforceable Limitations {#sec-7019.3090 omnilex-key=us-mn-regs-official--agency-167--7019.3090}
If the methods in part 7019.3040 or 7019.3050 are unavailable to an owner or operator of an emission reporting facility or a facility issued an option B registration permit under part 7007.1120 that chooses to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), the owner or operator may calculate actual emissions using any enforceable permit limitation or applicable requirement limitation. This method may be used in conjunction with or instead of material balance and emission factor methods described in parts 7019.3060 to 7019.3080, where applicable. Calculations of actual emissions must be based on operating data multiplied by the limitation. The owner or operator must include operating data and a sample calculation used in the calculation of emissions in this method in the emission inventory. "Operating data" means the data upon which the emission limitation is based. For example, dscf (dry standard cubic feet) for an emission limitation expressed as "gr/dscf" (grains per dry standard cubic feet).
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 165; 46 SR 1209*
##### **Minn. R. 7019.3100** Facility Proposal {#sec-7019.3100 omnilex-key=us-mn-regs-official--agency-167--7019.3100}
A. The owner or operator of an emission reporting facility may propose an alternative method for calculating actual emissions if the owner or operator can demonstrate to the satisfaction of the commissioner either:
B. The proposal must include:
C. The owner or operator must submit the proposal to the commissioner by September 1 of the year for which the emissions are being calculated. The commissioner must approve the emission reporting facility's proposal if the commissioner finds that the facility has made the demonstration required under item A. If the commissioner rejects the proposal, the commissioner must do so by November 30 of the year for which the emissions are being calculated. Approval of a method expires five years after the year for which emissions were first calculated.
D. The commissioner must revoke approval of the method if, after the first year's emission inventory submittal, the owner or operator or the commissioner has determined that the method described under this part no longer accurately calculates each unit's actual emissions. If the commissioner revokes the approval, the commissioner must do so by November 30 of the year for which the emissions are being calculated.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 165; 46 SR 1209*
##### **Minn. R. 7019.3110** Air Toxics Emission Inventory and Emissions Reporting {#sec-7019.3110 omnilex-key=us-mn-regs-official--agency-167--7019.3110}
**Subpart 1. Inventory required.**
An owner or operator of an air toxics reporting facility, as defined in part 7005.0100, subpart 2d, must include the air toxics emissions under subpart 2 in the annual air toxics emission inventory according to part 7019.3000.
**Subp. 2. Air toxics to be reported.**
A. An owner or operator of an air toxics reporting facility must include HAPs as defined in part 7007.0100, subpart 12a.
B. An owner or operator of an air toxics reporting facility must include PFAS as defined in Minnesota Statutes, section 116.943, subdivision 1, paragraph (p), that are listed on the TRI list defined in part 7005.0100. An owner or operator must also include the following PFAS:
C. An owner or operator of an air toxics reporting facility must include the air toxics included in subitems (1) to (66). For all pollutant names that contain the word "compounds," any chemical substance that contains the named chemical as part of that chemical's infrastructure is included.
**Subp. 3. De minimis reporting; exceptions.**
A. For facilities calculating and reporting using material balance according to part 7019.3060 or 7019.3065 and except as provided in item B, if a toxic chemical is present in a mixture of chemicals at an air toxics reporting facility and the toxic chemical is in a concentration in the mixture that is below one percent of the mixture according to the safety data sheet (SDS) or is below 0.1 percent of the mixture in the case of a toxic chemical that is a carcinogen or potential carcinogen, an owner or operator is not required to consider the quantity of the toxic chemical present in such mixture when calculating and reporting emissions. The sources listed in subitems (1) to (3) establish a chemical as a carcinogen or potential carcinogen and are incorporated by reference.
B. An owner or operator of an air toxics reporting facility must report all emissions of the air toxics in subitems (1) to (20). The de minimis standard under item A does not apply. For all pollutant names that contain the word "compounds," any chemical substance that contains the named chemical as part of that chemical's infrastructure is included. For facilities calculating and reporting emissions using material balance according to parts 7019.3060 and 7019.3065, only pollutants listed on the SDS need to be considered. For example, if an SDS lists an air toxic in a mixture at less than 0.1 percent, the facility must use 0.1 percent to calculate and report emissions, unless a specific amount has been certified by the supplier or previously determined by an approved reference methodology as provided under part 7019.3060.
**Subp. 4. Calculating actual emissions.**
A. An owner or operator of an air toxics reporting facility, except any facility permitted under part 7007.1125, registration permit option C, must calculate actual air toxics emissions using the methods in part 7019.3030, subpart 1, for the annual air toxics emission report.
B. An owner or operator of an air toxics reporting facility permitted under part 7007.1125, registration permit option C, must calculate emissions using the methods in part 7019.3020, subpart 5.
**Subp. 5. Recordkeeping.**
A. An owner or operator of an air toxics reporting facility must maintain records according to this subpart for five years after the date the air toxics emission inventory is submitted and must provide the records, upon request, to the commissioner.
B. An owner or operator must maintain a record of the SDS or vendor certification of air toxics content for each air-toxics-containing material purchased or used.
C. If an owner or operator assumes a reduction of air toxics emissions due to recycling or disposing of material off site, the owner or operator must keep records of the amount of disposed material, the amount of material shipped off site for recycling, and the calculations done to determine the amount to subtract. Acceptable records are the SDS, invoices, shipping papers, and hazardous waste manifests.
D. An owner or operator must maintain a record of the calculation for each air toxic emitted.
**History**
- *Statutory Authority: MS s 116.062; 116.07*
- *History: 50 SR 365*
## **Chapter 7020** ANIMAL FEEDLOTS
##### **Minn. R. 7020.0100** [Repealed, 25 SR 834] {#sec-7020.0100 omnilex-key=us-mn-regs-official--agency-167--7020.0100}
[Repealed, 25 SR 834]
##### **Minn. R. 7020.0200** Scope {#sec-7020.0200 omnilex-key=us-mn-regs-official--agency-167--7020.0200}
This chapter governs the storage, transportation, disposal, and utilization of animal manure and process wastewaters and the application for and issuance of permits for construction and operation of animal manure management and disposal or utilization systems for the protection of the environment. This chapter does not address wastes from fish. This chapter does not preempt the adoption or enforcement of zoning ordinances or plans by counties, townships, or cities.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834*
##### **Minn. R. 7020.0205** Incorporation by Reference {#sec-7020.0205 omnilex-key=us-mn-regs-official--agency-167--7020.0205}
For the purposes of parts 7001.0020 and 7020.0200 to 7020.2225, the documents in items A to L are incorporated by reference. These documents are not subject to frequent change.
A. Annual Book of American Society for Testing and Materials (ASTM), Part 4, ASTM D 1557, Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 10-lb (4.54-kg) Rammer and 18-in. (457-mm) Drop. 1978 Edition. This publication is available through the Minitex interlibrary loan system.
B. Annual Book of American Society for Testing and Materials (ASTM), Part 4, ASTM D 4318, Test Method for Liquid Limit, and Plasticity Index of Soils. 1984 Edition. This publication is available through the Minitex interlibrary loan system.
C. Annual Book of American Society for Testing and Materials (ASTM), Part 4, ASTM D 422, Method for Particle-Size Analysis of Soils. 1972 Edition. This publication is available through the Minitex interlibrary loan system.
D. Annual Book of American Society for Testing and Materials (ASTM), Part 4, ASTM D 698, Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 5.5-1b (2.49-kg) Rammer and 12-in. (304.8-mm) Drop. 1978 Edition. This publication is available through the Minitex interlibrary loan system.
E. Code of Federal Regulations, title 40, part 412, Feedlots Point Source Category. This publication is available on the Internet at http://www.gpo.gov/fdsys/.
F. Code of Federal Regulations, title 40, part 122, EPA Administered Permit Programs: The National Pollutant Discharge Elimination System. This publication is available on the Internet at http://www.gpo.gov/fdsys/.
G. Protected Waters and Wetlands Maps, 1999. Minnesota Department of Natural Resources, Division of Waters. These maps are available through the Minnesota Bookstore, 117 University Ave., St. Paul, MN 55155. These maps are available for viewing at the County Auditor's offices, County Soil and Water Conservation District offices, Watershed District offices, Minnesota Department of Natural Resources offices, and through the Minitex interlibrary loan system at the Minnesota Department of Natural Resources Internet site at the following address: http://www.dnr.state.mn.us/waters/wetlands/pwi/index.html.
H. United States Geological Survey Quadrangle Maps, 7.5- and 15-minute maps, United States Department of the Interior Geological Survey, 1999. These maps are available through the Minitex interlibrary loan system from the Minnesota Pollution Control Agency library. They are available for viewing at the Minnesota Department of Administration and county offices, and may be ordered from the United States Geological Survey Internet site at the following address: http://mappings.usgs.gov/mac/findmaps.html.
I. Waste Storage Facility, Conservation Practice Standard Code 313, United States Department of Agriculture, Natural Resources Conservation Service, October 2003, and as subsequently amended. This publication is available on the Internet at http://www.nrcs.usda.gov.
J. Annual Book of American Society for Testing Materials (ASTM), part 4, ASTM D 2922, Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). 1996 Edition. This publication is available through the Minitex interlibrary loan system.
K. Published Soil Surveys for Minnesota, United States Department of Agriculture, Natural Resources Conservation Service (NRCS). The surveys are available on the Internet at http://soils.usda.gov/survey/printed_surveys/state.asp?state=Minnesota&abbr=MN or at the local NRCS office.
L. Vegetated Treatment Area, Conservation Practice Standard Code 635, United States Department of Agriculture, Natural Resources Conservation Service, June 2009, and as subsequently amended. This publication is available on the Internet at http://efotg.sc.egov.usda.gov/references/public/mn/635mn.pdf.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.0250** Submittals and Records {#sec-7020.0250 omnilex-key=us-mn-regs-official--agency-167--7020.0250}
**Subpart 1. Accuracy of submittals.**
An owner who fails to submit relevant facts or who has submitted incorrect information in a submittal shall, upon becoming aware of the failure or incorrect information, promptly submit to the commissioner or county feedlot pollution control officer the supplementary facts or corrected information.
**Subp. 2. Record retention, access to records, and inspections.**
A. A person required to keep records under this chapter shall maintain at the animal feedlot or manure storage area, or at the person's business address, for three years from the date the record was made, unless otherwise specified, all information required to be recorded under applicable state and federal rules. The person shall make these records available for examination and copying upon request of the commissioner, county feedlot pollution control officer, or agent of the commissioner and shall, upon request, submit these records to the commissioner, county feedlot pollution control officer, or agent of the commissioner within 30 days.
B. A person storing, transporting, disposing, or utilizing animal manure or process wastewaters shall provide the commissioner, county feedlot pollution control officer, or agent of the commissioner access to the animal feedlot, the animal holding area, the manure storage area, or other areas where manure or process wastewaters are stored, in transport, or utilized, including allowing the collection of samples, and records to the extent provided under Minnesota Statutes, section 115.04, or other law, upon presentation of credentials.
C. Nothing in this subpart limits the commissioner's or agency's authority under Minnesota Statutes, section 115.04, or other law.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834*
##### **Minn. R. 7020.0300** Definitions {#sec-7020.0300 omnilex-key=us-mn-regs-official--agency-167--7020.0300}
**Subpart 1. Scope.**
All terms employed in this chapter for which definitions are given in Minnesota Statutes, sections 115.01 and 116.06, have the meanings given in those sections. For the purposes of this chapter, the terms specified in this part have the meanings ascribed to them.
**Subp. 1a. Aboveground manure storage area.**
"Aboveground manure storage area" means a manure storage area for which all portions of the liner are located at or above the elevation of the natural ground level.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency as established in Minnesota Statutes, chapter 116.
**Subp. 3. Animal feedlot.**
"Animal feedlot" means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts.
**Subp. 4. Animal manure or manure.**
"Animal manure" or "manure" means poultry, livestock, or other animal excreta or a mixture of excreta with feed, bedding, precipitation, or other materials.
**Subp. 5. Animal unit.**
"Animal unit" means a unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or a manure storage area, calculated by multiplying the number of animals of each type in items A to I by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors shall apply:
A. dairy cattle:
B. beef cattle:
C. one head of swine:
D. one horse, 1.0 animal unit;
E. one sheep or lamb, 0.1 animal unit;
F. chickens:
G. one turkey:
H. one duck, 0.01 animal unit; and
I. for animals not listed in items A to H, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds.
**Subp. 5a.**
[Repealed, 38 SR 1535]
**Subp. 6. Certificate of compliance.**
"Certificate of compliance" means a letter sent before October 23, 2000, by the commissioner or the county feedlot pollution control officer to the owner of an animal feedlot or manure storage area stating that the feedlot or manure storage area meets agency requirements.
**Subp. 6a. Commencement of construction.**
"Commencement of construction" means to begin or cause to begin, as part of a continuous program, the placement, assembly, or installation of facilities or equipment; or to conduct significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities, necessary for the placement, assembly, or installation of facilities or equipment at:
A. a new or expanded animal feedlot; or
B. a new, modified, or expanded manure storage area.
**Subp. 7.**
[Repealed, 25 SR 834]
**Subp. 7a. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency whose duties are defined in Minnesota Statutes, section 116.03.
**Subp. 7b. Composite liner.**
"Composite liner" means a manure storage area liner which is designed to achieve a theoretical seepage rate of 1/560 inch per day or less and consists of a geomembrane liner, geosynthetic clay liner, or other comparable material, laid over a constructed cohesive soil liner having a thickness of two feet or greater.
**Subp. 7c. Compost.**
"Compost" means a humus-like product derived from the controlled microbial degradation of organic material. Only manure that has completed the composting processes described in part 7020.2150, subpart 2, is compost.
**Subp. 7d. Concentrated animal feeding operation or CAFO.**
"Concentrated animal feeding operation" or "CAFO" means an animal feedlot meeting the definition of a large, medium, or small CAFO under Code of Federal Regulations, title 40, section 122.23.
**Subp. 8. Corrective or protective measure.**
"Corrective or protective measure" means a practice, structure, condition, or combination thereof which prevents or reduces the discharge of pollutants from an animal feedlot or manure storage area to a level in conformity with agency rules.
**Subp. 8a. Construction short-form permit.**
"Construction short-form permit" means a permit issued for an animal feedlot or manure storage area according to parts 7020.0505 and 7020.0535.
**Subp. 9. County feedlot pollution control officer.**
"County feedlot pollution control officer" means an employee or officer of a delegated county who is knowledgeable in agriculture and who is designated by the county board to perform the duties under part 7020.1600.
**Subp. 9a. Delegated county.**
"Delegated county" means a county that has applied for and received authorization pursuant to part 7020.1600, subpart 3a, item C, to implement an animal feedlot program.
**Subp. 9b. Design engineer.**
"Design engineer" means a professional engineer licensed in the state of Minnesota or a Natural Resources Conservation Service (NRCS) staff person having NRCS approval authority for the project.
**Subp. 9c. Discharge.**
"Discharge" means the addition of a pollutant to waters of the state, including a release of animal manure, manure-contaminated runoff or process wastewater from an animal feedlot, a manure storage area, or an animal manure land application site by leaking, pumping, pouring, emitting, emptying, dumping, escaping, seeping, leaching, or any other means. Discharge includes both point source and nonpoint source discharges.
**Subp. 10.**
[Repealed by amendment, L 1987 c 186 s 15]
**Subp. 11. Domestic fertilizer.**
"Domestic fertilizer" means:
A. animal manure that is put on or injected into the soil to improve the quality or quantity of plant growth; or
B. animal manure that is used as compost, soil conditioners, or specialized plant beds.
**Subp. 11a. Expansion or expanded.**
"Expansion" or "expanded" means construction or any activity that has resulted or may result in an increase in the number of animal units that an animal feedlot is capable of holding or an increase in storage capacity of a manure storage area.
**Subp. 11b. Facility.**
"Facility" means an animal feedlot, a manure storage area, or an animal feedlot with a manure storage area.
**Subp. 12. Floodplain.**
"Floodplain" means the areas adjoining a watercourse which have been or hereafter may be covered by a large flood known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval.
**Subp. 12a. Flow distance.**
"Flow distance" means the distance runoff travels from the source of the runoff to waters of the state.
**Subp. 13. Interim permit.**
"Interim permit" means a permit issued by the commissioner or the county feedlot pollution control officer in accordance with parts 7020.0505 and 7020.0535.
**Subp. 13a. Intermittent streams.**
"Intermittent streams" means all water courses identified as intermittent streams on United States Geological Survey quadrangle maps.
**Subp. 13b.**
[Renumbered subp. 13e]
**Subp. 13c. Liquid manure storage area.**
"Liquid manure storage area" means an area where liquid animal manure and process wastewaters are stored or processed. For purposes of this subpart, "liquid animal manure" is manure that does not meet the stockpile standard under part 7020.2125, subpart 1, item B.
**Subp. 13d. Major modification.**
"Major modification" means a modification that allows an expansion of animal unit or manure storage area capacity, changes the method of manure storage, or does not meet the criteria of part 7001.0190, subpart 3.
**Subp. 13e. Manure-contaminated runoff.**
"Manure-contaminated runoff" means a liquid that has come into contact with animal manure and drains over land from any animal feedlot, manure storage area, or animal manure land application site.
**Subp. 14. Manure storage area.**
"Manure storage area" means an area where animal manure or process wastewaters are stored or processed. Short-term and permanent stockpile sites and composting sites are manure storage areas. Animal manure packs or mounding within the animal holding area of an animal feedlot that are managed according to part 7020.2000, subpart 3, are not manure storage areas.
**Subp. 14a. Minor modification.**
"Minor modification" means a modification that changes land identified in a manure management plan for manure application, nonroutine maintenance such as the replacement of a liquid manure storage area liner, physical changes to structures housing animals or holding manure that do not result in an expansion of animal unit or manure storage area capacity, or a modification that meets the criteria of part 7001.0190, subpart 3. For NPDES permits, classification as a minor modification under this subpart does not release the permittee from federal notice requirements.
**Subp. 14b. Modification.**
"Modification" means a change to a facility component or operational practice described, required, or authorized by a permit issued under this chapter, including an expansion. Major and minor modifications are as defined in this part. Part 7020.0405, subpart 5, and chapter 7001 govern public notice of changes to permits under this chapter. A change to a facility component or operational practice that is not described, required, or authorized by a permit is not a modification, including changes to:
A. the type of crop or manure application rate if consistent with the methodology portion of the manure management plan and reflected in required records;
B. routine maintenance;
C. feeding or milking schedules;
D. animal diets;
E. bedding materials so long as consistent with approved design plans and specifications;
F. equipment used to clean the facility so long as consistent with approved design plans and specifications;
G. lands used as pasture; or
H. facility components not involved directly in animal or manure management such as an office or machine shed.
**Subp. 15. New animal feedlot.**
"New animal feedlot" means an animal feedlot or manure storage area:
A. constructed, established, or operated at a site where no animal feedlot or manure storage area existed previously; or
B. that existed previously and has been unused for five years or more.
**Subp. 15a. New technology.**
"New technology" means an alternative construction or operating method to those provided in parts 7020.2000 to 7020.2225. New technology construction or operating methods must achieve equivalent environmental results to the requirements in parts 7020.2000 to 7020.2225.
**Subp. 16. National pollutant discharge elimination system permit or NPDES permit.**
"National pollutant discharge elimination system permit" or "NPDES permit" means a permit issued by the agency for the purpose of regulating the discharge of pollutants from point sources including concentrated animal feeding operations (CAFOs).
**Subp. 17. Owner.**
"Owner" means all persons having possession, control, or title to an animal feedlot or manure storage area.
**Subp. 18. Pastures.**
"Pastures" means:
A. areas, including winter feeding areas as part of a grazing area, where grass or other growing plants are used for grazing and where the concentration of animals allows a vegetative cover to be maintained during the growing season, except that vegetative cover is not required:
B. agricultural land:
**Subp. 18a. Permanent stockpiling site.**
"Permanent stockpiling site" means a manure storage area where manure is stored or processed that does not meet the requirements of part 7020.2125, subpart 2.
**Subp. 19. Permit.**
"Permit" means a written authorization issued by the agency or county animal feedlot pollution control officer, which may contain requirements, conditions, or schedules for:
A. achieving compliance with discharge standards and requirements;
B. management of animal manure; or
C. construction or operation of animal holding areas or manure storage areas. Permits issued under this chapter are NPDES, state disposal system, interim, and construction short-form permits.
**Subp. 19a. Pollution hazard.**
"Pollution hazard" means an animal feedlot or manure storage area that:
A. does not comply with the requirements of parts 7020.2000 to 7020.2225 and has not been issued an SDS or NPDES permit establishing an alternative construction or operating method; or
B. presents a potential or immediate source of pollution to waters of the state as determined by inspection by a county feedlot pollution control officer or agency staff taking into consideration the following:
**Subp. 19b. Process wastewaters.**
"Process wastewaters" means waters and/or precipitation, including rain or snow, which comes into contact with manure, litter, bedding, or other raw material or intermediate or final material or product used in or resulting from the production of animals, poultry, or direct products, such as milk or eggs.
**Subp. 20.**
[Repealed, 25 SR 834]
**Subp. 20a. Separation distance to bedrock.**
"Separation distance to bedrock" means the distance between stored manure and fractured bedrock.
**Subp. 21. Shoreland.**
"Shoreland" means land, as defined in Minnesota Statutes, section 103F.205, subdivision 4, located within the following distances from the ordinary high water elevation of public waters:
A. land within 1,000 feet from the normal high water mark of a lake, pond, or flowage; and
B. land within 300 feet of a river or stream or the landward side of floodplain delineated by ordinance on such a river or stream, whichever is greater.
**Subp. 21a. Short-term stockpiling site.**
"Short-term stockpiling site" means a manure storage area where manure is stored or processed according to part 7020.2125, subparts 1 to 3.
**Subp. 22. Sinkhole.**
"Sinkhole" means a surface depression caused by a collapse of soil or overlying formation above fractured or cavernous bedrock.
**Subp. 23. Special protection area.**
"Special protection area" means land within 300 feet of all:
A. protected waters and protected wetlands as identified on Department of Natural Resources protected waters and wetlands maps; and
B. intermittent streams and ditches identified on United States Geological Survey quadrangle maps, excluding drainage ditches with berms and segments of intermittent streams which are grassed waterways.
**Subp. 24. State disposal system permit or SDS permit.**
"State disposal system permit" or "SDS permit" means a state permit that is processed in accordance with chapter 7001.
**Subp. 25. Unpermitted or noncertified liquid manure storage area.**
"Unpermitted or noncertified liquid manure storage area" means a liquid manure storage area that has never been permitted or approved as meeting the standards in part 7020.2100 and that did not obtain approval or certification pursuant to the process established in Minnesota Rules 2011, part 7020.2110.
**Subp. 26. Waters of the state.**
"Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portions of the state.
**Subp. 27. Waters of the United States.**
"Waters of the United States" has the meaning given under Code of Federal Regulations, title 40, section 122.2.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: L 1987 c 186 s 15; 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.0350** Registration Requirements for Animal Feedlots and Manure Storage Areas {#sec-7020.0350 omnilex-key=us-mn-regs-official--agency-167--7020.0350}
**Subpart 1. Registration data.**
The agency and all delegated counties shall maintain registration data for animal feedlots and manure storage areas. The registration data must include the:
A. date the registration form was completed;
B. name and address of all owners of the animal feedlot or manure storage area;
C. facility location according to township, county, section, and quarter section;
D. permit or certificate number for owners who have been issued an agency or delegated county feedlot permit or certificate of compliance;
E. types of animal holding areas including pastures, confinement barns, and open lots;
F. number and types of animals in the areas listed in item E;
G. identity of surface waters within 1,000 feet of the facility;
H. presence and type of manure storage areas;
I. shortest distance from an animal holding area or manure storage area to a well; and
J. the name of the person that completed the registration form.
**Subp. 2. Owners required to register.**
A. Owners of the following facilities are required to register with the commissioner or delegated county, except as provided in item B:
B. An owner of a livestock facility located on county fairgrounds is not required to register, in accordance with Laws 2000, chapter 435, section 10, paragraph (c), clause (6).
**Subp. 3.**
[Repealed, 38 SR 1535]
**Subp. 4. Registration requirements.**
Owners of animal feedlots and manure storage areas who are required to register under subpart 2 shall comply with items A and B, as applicable.
A. Owners of facilities shall register with the commissioner or delegated county prior to or upon commencement of operation. Owners shall comply with at least one of the following:
B. Owners shall update their registrations prior to the registration update deadlines, which shall be established by adding four-year increments to the initial registration deadline of January 1, 2002. Owners shall register at least once during each of the four-year registration update intervals by meeting the requirements of item A, subitem (1) or (2).
**Subp. 5. Notification.**
The agency or delegated county shall:
A. notify owners at least 90 days prior to the scheduled registration update deadlines about reregistration; and
B. send a receipt of registration to owners within 30 days of receipt of the registration by the agency or the delegated county.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.0355** Permits and Certificates Issued Prior to October 23, 2000 {#sec-7020.0355 omnilex-key=us-mn-regs-official--agency-167--7020.0355}
**Subpart 1. SW-A permits.**
All owners with SW-A permits shall comply with the permitting requirements in parts 7020.0355 to 7020.0535. Upon application for a permit under parts 7020.0405 to 7020.0535, the SW-A permit must be reconsidered pursuant to this chapter and chapter 7001. Any SW-A permit terms and conditions that are inconsistent with the requirements of parts 7020.2000 to 7020.2225 are superseded as of October 23, 2000.
**Subp. 2. Certificates of compliance.**
All owners with certificates of compliance shall comply with the permitting requirements in parts 7020.0355 to 7020.0535.
**Subp. 3.**
[Repealed, 38 SR 1535]
**Subp. 4.**
[Repealed, 38 SR 1535]
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.0400** [Repealed, 25 SR 834] {#sec-7020.0400 omnilex-key=us-mn-regs-official--agency-167--7020.0400}
[Repealed, 25 SR 834]
##### **Minn. R. 7020.0405** Permit Requirements {#sec-7020.0405 omnilex-key=us-mn-regs-official--agency-167--7020.0405}
**Subpart 1. Permit required.**
Four types of permits are issued under this chapter and chapter 7001: interim permits, construction short-form permits, SDS permits, and NPDES permits. The owner shall apply for a permit as follows:
A. an NPDES permit for the construction, expansion, modification, or operation of a CAFO as required by federal law;
B. an SDS permit for the construction, expansion, modification, or operation of an animal feedlot or manure storage area:
C. unless required to obtain a permit under item A or B, an interim permit for:
D. unless required to obtain a permit under item A, B, or C, a construction short-form permit for an animal feedlot or manure storage area proposing to construct or expand to a capacity of 300 animal units or more, or the manure produced by 300 animal units or more.
**Subp. 2. Expansion and stocking requirements.**
A. Prior to expansion or modification, an owner required to apply for a construction or operating permit under subpart 1, item A or B, shall have obtained the permit, or permit modification, as applicable.
B. Prior to expansion, an owner required to apply for a construction permit under subpart 1, item C or D, shall have obtained the permit, or permit modification, as applicable.
C. An owner issued an interim permit that authorizes construction for an expansion shall not stock the expansion prior to the fulfillment of all permit conditions related to the correction of the pollution hazard for which the interim permit was issued.
**Subp. 3. No permit required.**
An owner is not required to apply for a permit for:
A. a short-term stockpile or compost site if the owner is not an owner of an animal feedlot or manure storage area other than a short-term stockpile or composting site;
B. a livestock facility located on county fairgrounds;
C. a change in an existing facility that consists solely of a change in ownership of the building, grounds, or feedlot; or
D. an animal feedlot with more than ten but less than 50 animal units that is not in a shoreland area.
**Subp. 4. New name; change of ownership.**
A. Before changing the name of the permittee of a facility operating under a permit issued under this chapter, the owner shall submit to the permitting authority, either the commissioner or county feedlot pollution control officer who issued the permit, documentation of the new name and the permitting authority shall issue a permit modification reflecting the new name.
B. Before changing ownership or control of an animal feedlot or manure storage area issued a permit under this chapter, the new owner shall submit to the permitting authority the information required under part 7001.0190. If the permitting authority determines that the new owner meets the requirements for obtaining the permit, then the permitting authority shall issue the modified permit to the new owner. All other modifications must comply with subpart 5.
**Subp. 5. Modification of permit.**
A. If an owner of a facility that has coverage under an NPDES or SDS permit plans to make a modification, the owner must follow the procedures in chapter 7001. Major modifications must follow the procedures in parts 7001.0100 to 7001.0130. Minor modifications must follow part 7001.0190.
B. If an owner of a facility with coverage under an interim or construction short-form permit plans to make a modification, the owner must seek approval from the permitting authority on a form provided by the commissioner. The form must be submitted to the permitting authority at least 30 days before making the modification.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.0500** [Repealed, 25 SR 834] {#sec-7020.0500 omnilex-key=us-mn-regs-official--agency-167--7020.0500}
[Repealed, 25 SR 834]
##### **Minn. R. 7020.0505** Permit Applications and Processing Procedures {#sec-7020.0505 omnilex-key=us-mn-regs-official--agency-167--7020.0505}
**Subpart 1. Submittals.**
Permit applications must be submitted according to items A and B. An application is complete when all applicable information in subpart 4 and application fees under parts 7002.0250 and 7002.0310 have been received by the commissioner or the county feedlot pollution control officer, as appropriate. Incomplete permit applications must not be processed by the commissioner or delegated county feedlot pollution control officer.
A. NPDES and SDS permit applications must be submitted to the agency in accordance with this part and chapter 7001, with a copy submitted to the delegated county.
B. Interim permit and construction short-form permit applications must be submitted to the agency or delegated county in accordance with this part.
**Subp. 2. Permit application submittal schedule.**
An owner who is required to apply for a permit under part 7020.0405, subpart 1, shall apply according to the schedule provided in items A to D.
A. For NPDES permit coverage for an animal feedlot that:
B. For SDS permit coverage for an animal feedlot or manure storage area:
C. For a construction short-form permit, the owner must submit a permit application to the agency or delegated county at least 90 days before the planned date of commencement of construction or expansion.
D. For an interim permit for a facility:
**Subp. 3. Permit application format.**
A permit application for an NPDES, SDS, interim, or construction short-form permit must be on a form provided by the commissioner or the county feedlot pollution control officer.
**Subp. 4. Content of permit application.**
A. An application for a permit must contain the following:
B. In addition to the requirements of item A, a permit application for an animal feedlot capable of holding 1,000 animal units or more or a manure storage area capable of holding the manure produced by 1,000 animal units or more must contain:
C. In addition to the requirements of items A and B, an owner proposing to construct or expand an animal feedlot or a manure storage area shall also submit, on a form provided by the commissioner, certification and documentation that the owner has notified the local zoning authority, as required under part 7020.2000, subpart 5, of the proposed new or expanded animal feedlot or manure storage area, or that no such local zoning controls exist.
D. In addition to the requirements of items A to C, an owner proposing to construct or expand an animal feedlot with the capacity of 500 animal units or more or a manure storage area with the capacity to hold the manure produced by 500 animal units or more shall also certify and document, on forms provided by the commissioner, that the notification requirements under part 7020.2000, subpart 4, have been met.
E. The owner of an animal feedlot or a manure storage area shall submit additional information relating to the facility design, construction, or operation as requested by the commissioner or county feedlot pollution control officer to evaluate compliance with applicable federal and state rules.
F. A permit application for a minor modification need only contain the information requested on a form provided by the commissioner and, as applicable, the information in items C to E.
**Subp. 5. Application processing.**
Permit applications must be processed according to items A to C and any requirements specified under a permit.
A. NPDES permit applications and permits must be processed according to the procedures under this part and parts 7001.0010 to 7001.0210 and 7001.1000 to 7001.1150. The term of an NPDES permit is five years. NPDES permits must include all applicable requirements of Code of Federal Regulations, title 40, part 122, and all requirements necessary to comply with this chapter and chapters 7001 and 7053.
B. SDS permit applications and permits must be processed according to the procedures under this part and parts 7001.0010 to 7001.0210. The term of an SDS permit is ten years. SDS permits must include all requirements necessary to comply with this chapter and chapters 7001 and 7053.
C. Construction short-form and interim permit applications must be processed in accordance with parts 7020.0505, 7020.0535, and chapter 7001, except that according to part 7001.0020, item F, parts 7001.0040; 7001.0050; 7001.0100, subparts 4 and 5; and 7001.0110, do not apply. County feedlot pollution control officers shall also process permit applications according to part 7020.1600, subpart 4a.
**Subp. 6. Application for variance.**
Any person may apply for a variance from any requirement of parts 7020.2000 to 7020.2225 in order to avoid undue hardship. A variance must be applied for and acted upon by the agency according to Minnesota Statutes, section 116.07, subdivision 5, and other applicable statutes and rules.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.0535** Construction Short-Form and Interim Permits {#sec-7020.0535 omnilex-key=us-mn-regs-official--agency-167--7020.0535}
**Subpart 1. Applicability.**
This part applies to owners who apply for construction short-form and interim permits required under part 7020.0405.
**Subp. 2.**
[Repealed, 38 SR 1535]
**Subp. 3. Procedures for denial and revocation.**
A. Denial of construction short-form and interim permit applications must be administered according to this item:
B. Revocation of construction short-form and interim permits must be administered according to this item:
**Subp. 4. No circumvention.**
An owner who obtains a construction short-form or interim permit is subject to enforcement action for construction or operation without a permit if the commissioner or county feedlot pollution control officer later determines that the animal feedlot or a manure storage area does not qualify for the construction short-form or interim permit that was issued and that the owner is required to apply for and obtain an SDS or NPDES permit.
**Subp. 5. Term of construction short-form and interim permits.**
All construction short-form and interim permits expire within 24 months of the date of issuance. If the work for which a construction short-form permit was issued is not complete upon expiration of the permit, the expiration date of the permit may be extended by no more than 24 months if the owner complies with items A and B. If the pollution hazard for which an interim permit was issued is not corrected upon expiration of the permit, the expiration date may be extended by no more than 90 days if:
A. the facility is currently eligible for the same permit; and
B. the owner notifies the commissioner or county feedlot pollution control officer at least 90 days prior to the expiration of the permit. The notification shall include:
**Subp. 6. Construction short-form permit content.**
A construction short-form permit issued by the commissioner or county feedlot pollution control officer must state: "The permittee shall comply with Minnesota Rules, parts 7020.2000 to 7020.2225, and all applicable requirements." The permit must also identify at least the following information:
A. the permit number;
B. the owners' names and addresses;
C. the legal name of the animal feedlot, or manure storage area if different from that of the owner;
D. the location of the facility by county, township, section, and quarter section;
E. the existing and proposed animal types and types of animal holding areas;
F. the maximum number of animal units authorized at the facility after construction or expansion is complete; and
G. the types of existing and proposed manure storage areas. Design plans and specifications for proposed manure storage areas shall be incorporated by reference into the permit. The general conditions in part 7001.0150, excluding subpart 3, item P, must be incorporated by reference in all construction short-form permits.
**Subp. 7. Interim permit content.**
An interim permit issued by the commissioner or county feedlot pollution control officer must include at least the information in subpart 6 and the following:
A. the corrective and protective measures required to bring the facility into compliance with parts 7020.2000 to 7020.2225;
B. the schedule under which the corrective and protective measures must be completed; and
C. additional requirements related to the specific site or operation as determined necessary to ensure compliance with applicable rules and requirements.
**Subp. 8. Expansion stocking limitations.**
An owner issued an interim permit that authorizes construction for an expansion shall not stock the expansion prior to the fulfillment of all permit conditions related to the correction of the pollution hazard for which the interim permit was issued.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.0600** [Repealed, 25 SR 834] {#sec-7020.0600 omnilex-key=us-mn-regs-official--agency-167--7020.0600}
[Repealed, 25 SR 834]
##### **Minn. R. 7020.0700** [Repealed, 25 SR 834] {#sec-7020.0700 omnilex-key=us-mn-regs-official--agency-167--7020.0700}
[Repealed, 25 SR 834]
##### **Minn. R. 7020.0800** [Repealed, 25 SR 834] {#sec-7020.0800 omnilex-key=us-mn-regs-official--agency-167--7020.0800}
[Repealed, 25 SR 834]
##### **Minn. R. 7020.0900** [Repealed, 25 SR 834] {#sec-7020.0900 omnilex-key=us-mn-regs-official--agency-167--7020.0900}
[Repealed, 25 SR 834]
##### **Minn. R. 7020.1500** Scope {#sec-7020.1500 omnilex-key=us-mn-regs-official--agency-167--7020.1500}
Any Minnesota county board may, by resolution, assume responsibility for processing applications for animal feedlot permits as authorized by Minnesota Statutes, section 116.07, subdivision 7. The provisions of parts 7020.1500 to 7020.1800 shall govern the exercise of approval and supervising authority by the agency with respect to the processing of animal feedlot permit applications by a county.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 38 SR 1535*
##### **Minn. R. 7020.1600** Authorities and Requirements for Delegated Counties {#sec-7020.1600 omnilex-key=us-mn-regs-official--agency-167--7020.1600}
**Subpart 1. Scope.**
A county delegation process consists of the following:
A. the county board resolution;
B. commissioner authorization;
C. a delegation agreement signed by the county board and commissioner;
D. periodic review of the delegation agreement; and
E. when applicable, withdrawal from the program by the county board or revocation of authorization to administer the program by the commissioner.
**Subp. 2. County feedlot pollution control officer requirements.**
A delegated county animal feedlot program shall require the county feedlot pollution control officer to:
A. administer animal feedlots and manure storage areas registration programs according to part 7020.0350;
B. locate and register all animal feedlots and manure storage areas that remain unregistered by the date required under part 7020.0350;
C. distribute permit application and registration forms to owners required to make application for a permit. Permit application forms must contain the information required in part 7020.0505, subpart 3;
D. review permit applications and issue construction short-form and interim permits in accordance with part 7020.0535, and in the approved delegation agreement;
E. inspect all animal feedlots and manure storage areas in accordance with the approved delegation agreement;
F. review and process complaints;
G. provide assistance to owners in completing permit applications;
H. maintain a record of all correspondence and material relating to permit applications, inspections, and complaints;
I. maintain a record of all notifications received from livestock production facility operators claiming the hydrogen sulfide ambient air quality standard exemption, including the days the exemption was claimed and the cumulative days used, as provided in Minnesota Statutes, section 116.0713, paragraphs (b) and (c);
J. submit an annual report to the commissioner by April 1 of each year, in a format requested by the commissioner, that includes the following:
K. complete the required county feedlot pollution control officer training necessary to perform the duties described under this part assigned to the county feedlot pollution control officer; and
L. forward to the commissioner all permit applications, inspection reports, and all other applicable documents for the facilities identified in subpart 4a, item B.
**Subp. 3.**
[Repealed, 25 SR 834]
**Subp. 3a. Resolutions and delegation agreements.**
To assume responsibility for administering the delegated county feedlot program under this part, a Minnesota county board shall complete the requirements in items A to D. Delegation agreements must be reviewed and revised by the commissioner and the county annually to determine if the requirements of item B are being fulfilled and to establish new goals.
A. Submit to the commissioner a resolution duly adopted by the county board requesting permission to administer the animal feedlot program in the county.
B. Submit to the commissioner, for review and approval, a delegation agreement that contains:
C. Receive written authorization from the commissioner to administer the program identified in subpart 1.
D. Designate a county feedlot pollution control officer as having the primary responsibility for the animal feedlot permit program and charge the person with the duties in subpart 2.
**Subp. 4.**
[Repealed, 25 SR 834]
**Subp. 4a. Permit application processing procedures.**
The processing of permit applications by a delegated county shall be conducted according to the procedures in items A to F.
A. The county feedlot pollution control officer shall process permit applications and issue construction short-form and interim permits according to this part and parts 7020.0505 and 7020.0535, except as directed in item B.
B. The county feedlot pollution control officer shall forward to the commissioner for issuance all permit applications and all other applicable documents, comments, and recommendations for the following:
C. The county feedlot pollution control officer may forward to the commissioner any permit application when technical assistance or permit issuance by the commissioner is desired with a statement of the action desired from the agency. The commissioner shall process all complete permit applications forwarded by the county with a request to issue a permit, and shall notify the county of the status of the review and of any intended action.
D. The county feedlot pollution control officer shall forward to the commissioner permit applications for facilities that are eligible for the exemption under part 7020.2100, subpart 2, item C, for review and approval before a permit can be issued by the county feedlot pollution control officer.
E. Upon issuance of a permit according to this part, a delegated county shall provide the commissioner written notice of its action. Pursuant to Minnesota Statutes, section 116.07, subdivision 7, the commissioner shall, after receipt of written notification of the issuance of a permit by a delegated county, have 15 days to review, suspend, modify, or reverse the issuance of the permit. If the agency takes no action, the action of the county is final, subject to appeal as provided in Minnesota Statutes, chapter 14. If the agency suspends, modifies, or reverses the issuance of the permit, the applicant must be informed in writing by the agency of the reasons for suspension, modification, or reversal and must be informed of review procedures under chapters 7000 and 7001. If no person requests a contested case hearing within 30 days, the agency decision with regard to the permit becomes final, subject to appeal as provided in Minnesota Statutes, chapter 14.
F. For a delegated county to revoke a permit, a copy of the permit together with a written justification for revocation must be submitted to the commissioner for review. The commissioner shall, after receipt of the justification for revocation from the county, review the matter within 60 days to determine compliance with applicable agency rules. The county must receive written approval of the permit revocation from the commissioner before taking action.
**Subp. 5.**
[Repealed, 25 SR 834]
**Subp. 6. Withdrawal by county from review process.**
A delegated county no longer wishing to have delegation authority shall submit a resolution to the commissioner stating its reasons for withdrawal and the effective date of withdrawal.
**Subp. 7. Revocation of county review authority.**
If the agency finds that a county program is not meeting the requirements of this chapter, the agency may, after giving the county written notice and an opportunity to respond, revoke its approval of the county's delegation.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: L 1987 c 186 s 15; 17 SR 1279; 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.1700** Procedural Rules and Appeals {#sec-7020.1700 omnilex-key=us-mn-regs-official--agency-167--7020.1700}
All requests for hearings, appeals, and other procedural matters not specifically provided for herein shall be governed by the agency rules of procedure, the rules of the Office of Administrative Hearings, and other applicable statutes and rules.
**History**
- *Statutory Authority: MS s 116.07*
##### **Minn. R. 7020.1800** Severability {#sec-7020.1800 omnilex-key=us-mn-regs-official--agency-167--7020.1800}
If any provision of parts 7020.1500 to 7020.1800 or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions of parts 7020.1500 to 7020.1800 or application of any other part which can be given effect without application of the invalid provision. To this end the provisions of all parts and subparts herein and the various applications thereof are declared to be severable.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 38 SR 1535*
##### **Minn. R. 7020.1900** [Repealed, 38 SR 1535] {#sec-7020.1900 omnilex-key=us-mn-regs-official--agency-167--7020.1900}
[Repealed, 38 SR 1535]
##### **Minn. R. 7020.2000** Overview {#sec-7020.2000 omnilex-key=us-mn-regs-official--agency-167--7020.2000}
**Subpart 1. In general.**
An owner of an animal feedlot or a manure storage area, and any person storing, transporting, disposing, or utilizing animal manure, or process wastewaters, shall comply with parts 7020.2000 to 7020.2225.
**Subp. 2. Animal manure and wastewaters not used as domestic fertilizer.**
Animal manure or process wastewaters not used as domestic fertilizer must be treated or disposed of in accordance with applicable rules. An owner not using manure or process wastewaters as domestic fertilizer shall apply for a permit according to part 7020.0405, subpart 1, item A or B.
**Subp. 3. Manure packs and mounding.**
Manure accumulations created by manure packs or mounding must be managed such that a pollution hazard is not created or maintained. Land application must be in accordance with part 7020.2225.
**Subp. 4. Neighbor notification of proposed construction or expansion of 500 animal units or more.**
A. An owner of an animal feedlot or manure storage area proposing to construct or expand an animal feedlot capable of holding 500 or more animal units, or a manure storage area capable of holding the manure produced by 500 or more animal units, shall not less than 20 business days before the date on which a permit is issued, provide notice to:
B. The owner shall provide documentation to the commissioner or county feedlot pollution control officer that the required notifications have been completed as required under part 7020.0505, subpart 4, item D. The agency or a county board must verify that notice was provided as required under item A before issuing a permit.
**Subp. 5. Government notifications of proposed construction or expansion.**
An owner proposing to construct or expand an animal feedlot or manure storage area shall notify the government authorities listed in items A and B. Notification must be on a form provided by the commissioner and include the information in subpart 4, item A, subitem (1), unit (a), subunits i to v. The owner shall provide documentation to the commissioner or county feedlot pollution control officer that the required notifications have been completed as required under part 7020.0505, subpart 4, item C.
A. The commissioner, or in a delegated county the county feedlot pollution control officer, at least 30 days prior to commencement of construction of a new animal feedlot or manure storage area or an expansion of an existing animal feedlot capable of holding fewer than 300 animal units or a manure storage area capable of holding the manure produced by fewer than 300 animal units after construction. Notification under this item is complete if the owner is proposing construction or modification of a liquid manure storage area and has submitted plans and specifications in accordance with part 7020.2100, subpart 4.
B. All local zoning authorities, including county, town, and city zoning authorities, of the proposed construction or expansion at least 30 days prior to commencement of construction of a new feedlot or manure storage area or an expansion of an existing animal feedlot or manure storage area.
**Subp. 6. Record of livestock owners and manure sources.**
Owners of animal feedlots or manure storage areas that raise livestock that are not owned by them or store manure not produced at their facilities must record and retain on file the names of the livestock or manure source owners for at least the most recent three years.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.2002** Ambient Air Quality Standard Applicability {#sec-7020.2002 omnilex-key=us-mn-regs-official--agency-167--7020.2002}
The owner of an animal feedlot is exempt from the state ambient air quality standards during the removal of manure from barns or manure storage facilities pursuant to the limitations in Minnesota Statutes, section 116.0713, paragraphs (b) and (c). Nothing in this part limits the emergency powers authority of the Minnesota Pollution Control Agency in Minnesota Statutes, section 116.11.
The operator of a livestock production facility that claims exemption from the state ambient air quality standards shall notify the commissioner or county feedlot pollution control officer. Notification must include:
A. the names of the owners or the legal name of the facility;
B. the location of the facility by county, township, section, and quarter section;
C. the facility's permit number, if applicable; and
D. the anticipated start date and the anticipated number of days of removal of manure from barns or manure storage facilities.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834*
##### **Minn. R. 7020.2003** Water Quality Discharge Standards {#sec-7020.2003 omnilex-key=us-mn-regs-official--agency-167--7020.2003}
**Subpart 1. Subsurface discharges from animal feedlots and manure storage areas.**
No person shall discharge animal manure, manure-contaminated runoff, or process wastewater from any animal feedlot, including a CAFO, or manure storage area into a sinkhole, fractured bedrock, well, surface tile intake, mine, quarry, or other natural or constructed channels that convey fluids to groundwater.
**Subp. 2. Surface water discharges from CAFOs and animal feedlots with 1,000 animal units or more.**
No person shall discharge animal manure, manure-contaminated runoff, or process wastewater from a CAFO or an animal feedlot with 1,000 animal units or more to waters of the United States or to surface waters of the state except as provided in this part.
A. An owner of an animal feedlot that is a CAFO or is capable of holding 1,000 animal units or more, or a manure storage area capable of holding the manure produced by 1,000 animal units or more, shall comply with the effluent limitation requirements of Code of Federal Regulations, title 40, part 412, and discharge only as authorized by an NPDES, SDS, or other applicable permit.
B. No discharge, as defined by Code of Federal Regulations, title 40, section 122.2, shall be allowed from a CAFO into waters of the United States, unless the animal feedlot or manure storage area has an NPDES permit authorizing such discharge.
C. No discharge shall be allowed from a CAFO or an animal feedlot capable of holding 1,000 animal units or more or a manure storage area capable of holding the manure produced by 1,000 animal units or more into waters of the state unless the animal feedlot or manure storage area has an SDS permit authorizing the discharge.
**Subp. 3. Other facilities.**
An owner of an animal feedlot or a manure storage area shall comply with the effluent limitations in part 7053.0305 unless the animal feedlot or the manure storage area is subject to the effluent limitation requirements in subpart 2 or subject to an effluent limitation established in a permit issued under this chapter.
**Subp. 4.**
[Repealed, 38 SR 1535]
**Subp. 5.**
[Repealed, 38 SR 1535]
**Subp. 6.**
[Repealed, 38 SR 1535]
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.2005** Location Restrictions and Expansion Limitations {#sec-7020.2005 omnilex-key=us-mn-regs-official--agency-167--7020.2005}
**Subpart 1. Location restrictions.**
A new animal feedlot or a manure storage area must not be constructed within a floodplain or within 300 feet of a sinkhole. A new animal feedlot or a manure storage area must not be constructed within the applicable isolation distance required by part 4725.4450 or 100 feet of a water supply well, whichever is greater. Except as provided in items A and B, a new animal feedlot or a manure storage area must not be constructed within shoreland or within 1,000 feet of a community water supply well or other wells serving a public school as defined under Minnesota Statutes, section 120A.05, a private school excluding home school sites, or a licensed child care center where the well is vulnerable according to part 4720.5550, subpart 2.
A. An animal feedlot or a manure storage area located in shoreland meeting the requirements of part 7020.0300, subpart 15, item B, may resume operation after applying for and obtaining a permit under part 7020.0405, subpart 1. The requirements of part 7020.2100, subpart 1, item C, shall be followed for any liquid manure storage areas that have not been used for three years or more.
B. A new animal feedlot or manure storage area may be constructed within 1,000 feet of a community water supply well or other well serving a public school as defined under Minnesota Statutes, section 120A.05, a private school excluding home school sites, or a licensed child care center if the following three conditions are met:
**Subp. 2. Shoreland expansion limitations.**
An existing animal feedlot or manure storage area located in shoreland may not expand to a capacity of 1,000 animal units or more or the manure produced by 1,000 animal units or more. An existing animal feedlot or a manure storage area expanding in shoreland shall not locate any portion of the expanded animal feedlot or the manure storage area closer to the ordinary high water mark than any existing portion of the animal feedlot or the manure storage area.
**Subp. 3. Floodplain expansion limitations.**
An existing animal feedlot or a manure storage area located in a floodplain may not expand.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.2010** Transportation of Manure {#sec-7020.2010 omnilex-key=us-mn-regs-official--agency-167--7020.2010}
Animal manure hauled on federal, state, or local highways, roads, or streets must be hauled in such a way as to prevent manure from leaking, spilling, or otherwise being deposited in the right-of-way. Manure deposited on a public roadway must be removed and properly disposed of by the hauler of the manure.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834*
##### **Minn. R. 7020.2015** Livestock Access to Waters Restriction {#sec-7020.2015 omnilex-key=us-mn-regs-official--agency-167--7020.2015}
**Subpart 1. CAFOs and facilities capable of holding 1,000 or more animal units.**
Animals of a CAFO or of a facility capable of holding 1,000 or more animal units must not be allowed to enter waters of the state.
**Subp. 2. Non-CAFO animal feedlots.**
Except as required in subpart 1, animals of a non-CAFO animal feedlot must be fenced to prohibit entry to, and must not be allowed to enter, a lake classified by the Minnesota Department of Natural Resources as a natural environment lake, recreational development lake, or a general development lake, as defined in part 6120.3000.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.2025** Animal Feedlot or Manure Storage Area Closure {#sec-7020.2025 omnilex-key=us-mn-regs-official--agency-167--7020.2025}
The owner of an animal feedlot or a manure storage area is responsible for closure and shall:
A. within one year of ceasing operation, remove and land apply manure and manure-contaminated soils from manure storage areas and animal holding areas in accordance with part 7020.2225;
B. as soon as practicable after completing the requirements of item A, reduce soil nitrogen by growing alfalfa, grasses, or other perennial forage for at least five years; and
C. within 60 days after final closure, submit a certified letter to the commissioner or county feedlot pollution control officer stating that the animal feedlot or the manure storage area has been closed according to the requirements in this part. The letter must identify the location of the animal feedlot or the manure storage area by county, township, section, and quarter section.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834*
##### **Minn. R. 7020.2100** Liquid Manure Storage Areas {#sec-7020.2100 omnilex-key=us-mn-regs-official--agency-167--7020.2100}
**Subpart 1. General requirements; exemption.**
A. This part describes site restrictions and requirements for design, construction, maintenance, and operation of liquid manure storage areas.
B. All liquid manure storage areas must be designed, constructed, and operated in accordance with subparts 2 to 7.
C. An owner of a liquid manure storage area that has been unused for a period of three years or more shall, prior to using the structure for storing manure or process wastewaters, have a design engineer evaluate and prepare a report on the condition of the liner and include this report with a permit application submitted according to part 7020.0405.
D. Liquid manure storage areas described in subitems (1) and (2), which provide temporary storage or processing, are exempt from this part, except for subparts 3, items C and D; 5, item A; and 7. The owner must submit design plans and specifications for review and approval prior to construction of a liquid manure storage area described in subitem (1) or (2) that include the information listed in subpart 4, items F, I, J, and N:
E. A liquid manure storage area described in this item is exempt from this part, except for subparts 5, item A; and 7. The owner must submit design plans and specifications that include the information listed in subpart 4, item N. The exemption under this item applies to a liquid manure storage area designed, operated, and maintained as a solids settling area included as part of a vegetative treatment area designed according to level 4 or 5 of Vegetated Treatment Area, Conservation Practice Standard Code 635, incorporated by reference under part 7020.0205, provided:
**Subp. 2. Site restrictions.**
Except as provided in item C, the construction or expansion of a liquid manure storage area is prohibited in the areas identified under part 7020.2005 and items A and B.
A. A manure storage area with a capacity of more than 250,000 gallons in an area where geologic conditions are suitable for sinkhole development and where four or more sinkholes exist within 1,000 feet of the proposed site.
B. In areas which are susceptible to soil collapse or sinkhole formation, the minimum separation distance to bedrock and the manure storage area liner design standards under subpart 3, item B, and prohibitions must be in accordance with subitems (1) to (3).
C. Where construction or modification is required to correct a pollution hazard at an existing animal feedlot capable of holding fewer than 300 animal units, construction or modification is not prohibited. Construction or modification under this item must not result in an expansion of the animal feedlot capacity to hold more than 300 animal units or the manure storage area capacity to hold the manure produced by 300 animal units or greater.
D. Removal of bedrock in order to comply with the applicable separation distances under item B is prohibited unless specifically authorized by the commissioner. In making the determination to allow the removal of bedrock, the commissioner shall consider:
**Subp. 3. Design standards.**
A. Except as provided in item B, a new or modified liquid manure storage area at a facility capable of holding 1,000 animal units or more or the manure produced by 1,000 animal units or more must be designed to provide a minimum storage volume necessary so that the facility has at least nine months of storage capacity.
B. Liquid manure storage areas designed and operated to provide storage for only manure-contaminated runoff or process wastewater shall be designed to provide a minimum storage volume necessary to accommodate the volume generated from a 25-year, 24-hour storm event and any additional volume needed to be consistent with the proposed manure management plan application frequency.
C. Liquid manure storage area liners must comply with the following:
D. Water supply systems, fuel lines, electrical conduit, or other equipment not solely functioning as part of the manure handling or transfer system must not be designed or constructed to penetrate the liner of a liquid manure storage area. Piping and equipment functioning as part of the manure handling or transfer system which penetrates the liner of a liquid manure storage area must be identified in the design plans and specifications. The design plans and specifications must include details on the location and purpose of the penetrations, dimensions of the penetrations, and the methods and materials used to provide a seal between each penetration and the liner.
**Subp. 4. Design plans and specifications.**
The owner shall prepare and submit to the commissioner or county feedlot pollution control officer, for review and approval, design plans and specifications, including all assumptions and calculations, meeting the requirements of items A to N with a permit application or at least 90 days prior to the commencement of construction. Design plans and specifications, except plans and specifications for concrete-lined manure storage areas having a capacity of 20,000 gallons or less, must be prepared and signed by a design engineer.
A. Results and interpretation of a site and soils investigation that includes the information and requirements in subitems (1) to (10).
B. The following information if the proposed manure storage area is located in a Minnesota Department of Health approved drinking water supply management area as delineated according to chapter 4720:
C. The estimated storage capacity by volume and time period based on the volume of manure, manure-contaminated runoff, and process wastewaters generated, which includes all assumptions and calculations and meets the criteria of subpart 3, item A or B, if applicable or as necessary to ensure adequate storage of manure, manure-contaminated runoff, and process wastewaters consistent with the proposed manure management plan.
D. In addition to the designed storage volume in item C, a freeboard depth of not less than one foot. Liquid manure storage areas that store animal manure and that receive precipitation runoff must provide a freeboard depth of not less than one foot or the volume generated by a 25-year, 24-hour storm event, whichever is greater.
E. A plan for a preconstruction conference that includes the design engineer, contractors, the owner, and the inspector required under subpart 6.
F. Specifications for the liquid manure storage area liner according to the applicable liner design standard identified under subparts 2 and 3.
G. When soil is used as a liner material, location and volume of liner soil available, testing protocol, and predesign test results for soil plasticity index, sieve analysis, and optimal moisture content.
H. A site plan that identifies the locations of predesign soil investigations conducted under item A relative to the proposed manure storage area.
I. Plan details and specifications for all liner penetrations according to subpart 3, item C.
J. Measures for control of water table or saturated soils.
K. A quality assurance and quality control plan that includes specifications for inspections and ASTM testing methods and frequencies.
L. Specifications for liner material protection from damage during construction or subsequent facility operation resulting from the following:
M. Special site considerations.
N. A plan for operation, periodic inspection, and maintenance of the manure storage area including schedules and descriptions of:
**Subp. 5. Construction and notification requirements.**
A. The owner shall construct the manure storage area according to the design plans and specifications submitted to the commissioner or the county feedlot pollution control officer and as approved by the commissioner or the county feedlot pollution control officer. Proposed engineering changes or modifications to the design plans and specifications must be submitted to the commissioner or county feedlot pollution control officer for review and approval before commencement of construction related to the proposed change.
B. An owner shall notify the commissioner or county feedlot pollution control officer and the design engineer of intent to construct a minimum of three business days prior to commencement of construction. Notification must be completed by letter, telephone, facsimile, or electronic mail and include:
C. An owner shall notify the commissioner or county feedlot pollution control officer within three business days following completion of construction of the manure storage area liner. Notification for vertical concrete-lined walls under this item must be completed before backfilling the walls. Notification information must meet the requirements in item B.
D. The owner shall submit a construction report to the commissioner or county feedlot pollution control officer within 60 days of the completion of any new or modified manure storage area. The report must be prepared and signed by the design engineer and must contain an assessment of whether the completed manure storage area conforms to the design plans and specifications submitted to the commissioner or county feedlot pollution control officer. The commissioner may require manure removal from the manure storage area and corrective actions if the construction report indicates that the completed manure storage area does not conform to the design plans and specifications.
**Subp. 6. Inspections of liquid manure storage areas.**
An owner constructing a liquid manure storage area, except for a concrete-lined manure storage area with a capacity of 20,000 gallons or less, shall have inspections completed during the construction process which comply with items A to D.
A. The inspector must be one or more of the following:
B. During construction of each manure storage area under this subpart, the inspector shall record on a form provided by the commissioner, observations related to conformance to the design plans and specifications and construction standards of the following:
C. The contractor responsible for installation of the liner shall certify on a form provided by the commissioner that the manure storage area was constructed in conformance with the design plans and specifications and construction standards for all applicable stages of construction in item B.
D. The owner shall ensure that the following information is submitted to the design engineer for incorporation into the construction report required in subpart 5, item D:
**Subp. 7. Operation and maintenance.**
The owner of a manure storage area shall operate and maintain the manure storage area according to plans and specifications approved by the commissioner or county feedlot pollution control officer.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.2110** Unpermitted or Noncertified Liquid Manure Storage Areas {#sec-7020.2110 omnilex-key=us-mn-regs-official--agency-167--7020.2110}
**Subpart 1.**
[Repealed, 38 SR 1535]
**Subp. 2.**
[Repealed, 38 SR 1535]
**Subp. 3.**
[Repealed, 38 SR 1535]
**Subp. 4. Operation prohibition.**
No person shall operate an unpermitted or noncertified liquid manure storage area except as provided in subpart 5.
**Subp. 5. Approval to operate.**
An owner of an unpermitted or noncertified liquid manure storage area that was installed and operated prior to October 23, 2000, and that serves a facility that has the capacity for less than 1,000 animal units must obtain approval from the commissioner or a county feedlot pollution control officer to continue to operate the liquid manure storage area. To be approved, the owner must submit the information in item A or B within the time frame requested by the commissioner or a county feedlot pollution control officer. This option is not available if the commissioner or a county feedlot pollution control officer has determined that the liquid manure storage area is a pollution hazard:
A. a report prepared by an engineer licensed in Minnesota that demonstrates that the liquid manure storage area was constructed according to standard engineering principles and practices at the time of construction and remains in good operating condition at the time the report is submitted. The commissioner or county feedlot pollution control officer must approve the report; or
B. evidence that the liquid manure storage area has a capacity of 20,000 gallons or less and meets the following criteria:
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.2120** Poultry Barn Floors {#sec-7020.2120 omnilex-key=us-mn-regs-official--agency-167--7020.2120}
**Subpart 1. General.**
This part describes the requirements for construction and record keeping for poultry barn floors. Owners of poultry barns at which abandonment of the facility exposes the barn floor shall remove and land apply all manure and manure-contaminated soil according to part 7020.2225.
**Subp. 2. Construction requirements for concrete-lined or asphalt-lined floors.**
All new concrete-lined or asphalt-lined poultry barn floors must be constructed and maintained according to the following:
A. the floor thickness must be a minimum of 3.5 inches for concrete and a minimum of two inches for asphalt;
B. the floors must be inspected by the owner or operator after each cleaning of the poultry barn floors; and
C. cracks and joints, which may extend through the concrete-lined or asphalt-lined floor, must be sealed.
**Subp. 3. Construction requirements for soil-lined floors.**
All new soil-lined poultry barn floors must be constructed and maintained according to items A to E.
A. The completed thickness of the constructed soil liner must be:
B. Soils used for construction of the floor must meet the following requirements:
C. The poultry barn floor must be placed at least three feet above bedrock or the water table.
D. The soil liner must be refurbished with at least a two-inch lift of soils meeting the requirements of item B, prior to the floor thickness being diminished by two inches from the thickness required in item A.
E. Cracks that may extend through the floor must be repaired.
F. The floor must not be saturated at any time during the service life of the floor.
**Subp. 4. Construction requirements for polyvinyl chloride (PVC) lined floors.**
A. A seamless or factory seamed PVC liner having a thickness of not less than 30 mils must be placed at a depth of at least six inches below the final elevation of the poultry barn floor.
B. The upper six inches of the floor must be constructed of protective material that meets manufacturer's recommendations and provides adequate protection of the PVC liner. This protective layer must not consist of any particles that will inflict damage to the liner.
**Subp. 5. Record keeping.**
The owner shall record and retain on permanent file the results of all testing required in subpart 3 and make these records available to the commissioner or county feedlot pollution control officer upon request.
**Subp. 6. Notifications of construction.**
An owner shall notify the commissioner or county feedlot pollution control officer of intent to construct a minimum of three business days prior to commencement of construction and within three business days following completion of construction. Notification must be completed by letter, telephone, facsimile, or electronic mail and include:
A. the permit number, if applicable;
B. the owner's name, and the name of the facility if different than the owner;
C. the site location by county, township, section, and quarter section; and
D. the name of the contractor responsible for installing the floor.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.2125** Manure Stockpiling Sites {#sec-7020.2125 omnilex-key=us-mn-regs-official--agency-167--7020.2125}
**Subpart 1. General.**
This part describes requirements for permitting, design, construction, location, operation, and maintenance of short-term and permanent stockpiling sites. An owner of a stockpiling site must comply with part 7020.2005 and items A to D.
A. Manure stockpiling sites must be located and constructed such that manure-contaminated runoff from the site does not discharge to waters of the state.
B. Manure must not be placed on a stockpiling site unless a three-to-one horizontal-to-vertical ratio can be maintained and the manure has, at least, a 15 percent solids content.
C. The use of rock quarries, gravel or sand pits, bedrock, and any mining excavation sites for stockpiling manure is prohibited.
D. The size of a short-term stockpile must not exceed a volume based on agronomic needs of the crops on 320 acres of fields and must not exceed the agronomic needs of the crops on the tract of land on which the stockpile is to be applied. The agronomic needs of the crops must comply with the application rates in part 7020.2225.
**Subp. 2. Additional requirements for short-term stockpiling.**
An owner of a short-term stockpile site must operate and maintain the stockpile such that:
A. the manure is removed from the site and land applied in accordance with part 7020.2225, within one year of the date when the stockpile was initially established;
B. a vegetative cover is established on the site for at least one full growing season prior to reuse as a short-term stockpiling site except for the following:
C. it is not located within:
D. a minimum distance of two feet is maintained between the base of the stockpile and the seasonal high water table or saturated soils, as identified in the most recent published soil survey for the applicable county or based on a site-specific soils investigation; and
E. the stockpile is not placed on:
**Subp. 3. Record keeping for short-term stockpile sites.**
The owner of the short-term stockpile site shall maintain records for each stockpile site containing the information in items A to E. Records must be kept on file for at least three years for all short-term stockpiling by the owner of the animal feedlot at which the manure was produced and be made available to the commissioner or county feedlot pollution control officer upon request. The records must include:
A. the location of the stockpile;
B. the date on which each stockpile was established;
C. the volume of manure stockpiled;
D. the nutrient analysis of the manure; and
E. when the stockpiled manure was land applied.
**Subp. 4. Additional requirements for permanent stockpile sites.**
An owner of a permanent stockpile site must comply with this part. The owner shall also install a liquid manure storage area according to part 7020.2100 to collect and contain manure-contaminated runoff, if necessary to comply with the requirements of part 7020.2003. An owner shall submit a permit application, as applicable, under part 7020.0405, subpart 1.
A. The owner shall comply with part 7020.2005.
B. The stockpile site liner must:
C. The site must be constructed using diversion structures, elevated platform construction, or other devices to prevent surface waters from entering and passing through the stockpile site. Where upgradient slopes are greater than two percent, clean water diversions must be constructed that surround at least the three upgradient sides of the stockpile site. Diversions must be of sufficient height to prevent outside water from passing over them during snowmelt or rainfall events less than the 25-year, 24-hour storm event.
D. A permanent stockpile site must be operated and maintained in a manner so as to protect the integrity and structural reliability of the manure storage area.
E. An owner shall notify the commissioner or county feedlot pollution control officer of intent to construct a minimum of three days prior to commencement of construction and within three days following completion of construction. Notification must be completed by letter, telephone, facsimile, or electronic mail and include:
F. The owner shall ensure that the liner is installed and maintained above the seasonal high water table or saturated soils, as identified in the most recent soil survey for the applicable county or based on a site-specific soils investigation. Soil surveys are incorporated by reference under part 7020.0205.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
##### **Minn. R. 7020.2150** Manure Compost Sites {#sec-7020.2150 omnilex-key=us-mn-regs-official--agency-167--7020.2150}
**Subpart 1. General.**
An owner composting only manure at a manure compost site shall comply with subparts 2 and 3. An owner composting manure and solid wastes shall comply with part 7035.2836, subparts 4 to 7. An owner composting dead animals shall comply with part 1721.0740.
**Subp. 2. Operational requirements.**
An owner of a manure compost site meeting the requirements of subpart 1 shall comply with items A to C.
A. The owner shall comply with part 7020.2125.
B. If operating a compost site under part 7020.2125, subparts 1 to 3, the owner shall comply with part 7020.2125, subpart 4, item C.
C. The owner shall produce finished compost by a process to further reduce pathogens (PFRP). The temperature and retention time for the material being composted must be monitored and recorded each day. The owner shall comply with one of the PFRP methods in subitems (1) to (3).
**Subp. 3. Record keeping and reporting requirements.**
An owner of a manure compost site that is required to apply for and obtain a permit under part 7020.0405, subpart 1, item A or B, must:
A. analyze mature manure compost and maintain records of the results for:
B. if the owner's NPDES or SDS permit requires submittal of an annual report, include the following information in the annual report:
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 37 SR 1396*
##### **Minn. R. 7020.2225** Land Application of Manure {#sec-7020.2225 omnilex-key=us-mn-regs-official--agency-167--7020.2225}
**Subpart 1. In general.**
A. Manure and process wastewater must not be applied to land in a manner that will:
B. Manure and process wastewater application into road ditches is prohibited.
C. All manure and process wastewater applications to land must meet the requirements of this part except where specifically exempted.
D. When ownership of manure or process wastewater is transferred from an animal feedlot with capacity of 300 or more animal units or a manure storage area capable of holding the manure produced by 300 or more animal units for application to land not owned or leased by the owner of the animal feedlot or the manure storage area, any person receiving the manure or the process wastewater shall:
**Subp. 2. Manure nutrient testing requirements.**
Manure from all manure storage areas storing manure produced from more than 100 animal units must be tested by the owner of the animal feedlot for nitrogen and phosphorus content in accordance with items A to E, except that item A is not required for manure storage areas storing manure produced by fewer than 300 animal units.
A. For manure storage areas storing manure from 300 or more animal units, the manure must initially be tested once per year for at least three years.
B. Manure must be retested following changes in conditions affecting manure nutrient content including unusual climatic conditions, or changes in manure storage and handling, livestock types, or livestock feed.
C. Ongoing testing must continue at least once every four years unless more frequent testing is required under item B or in a permit.
D. The nutrient analysis must be conducted using a laboratory certified by the Minnesota Department of Agriculture or commissioner-approved on-farm sampling and analysis.
E. Sampling must be conducted so that a representative sample is obtained in accordance with University of Minnesota Extension Service recommendations.
**Subp. 3. Nutrient application rate standards.**
Items A and B apply to all manure and process wastewater application sites. Item C applies only to animal feedlots with a capacity of 300 or more animal units and manure storage areas capable of holding the manure produced by 300 or more animal units.
A. Manure and process wastewater application rates must be limited as described in subitems (1) to (3) so that the estimated plant available nitrogen from all nitrogen sources does not exceed expected crop nitrogen needs for nonlegume crops and expected nitrogen removal for legumes.
B. Nutrient application rate standards for land in special protection areas must meet the requirements in subpart 6, item B, subitem (2), if applicable.
C. For land receiving manure or process wastewater from animal feedlots capable of holding 300 or more animal units or manure storage areas capable of holding the manure produced by 300 or more animal units, soil samples from the upper six inches must be collected at a minimum frequency of once every four years and analyzed for phosphorus using the Bray P1 or Olsen test. If soil phosphorus levels exceed the levels in subitems (1) and (2), then the owner must complete a manure management plan in accordance with subpart 4, item D, and submit it with a permit application to the agency or delegated county for review in accordance with subpart 4, item B, subitem (1).
**Subp. 4. Manure management plan requirements.**
Item A indicates who must prepare a manure management plan and when the plan must be prepared. Item B lists when manure management plans must be submitted to the agency or delegated county for review. Item C describes when the manure management plan must be reviewed and revised. Item D lists the required elements of a manure management plan. Item E describes exceptions to manure management plans when manure ownership is transferred.
A. An owner or operator of an animal feedlot shall prepare and retain on file a manure management plan that complies with item D according to the following schedule:
B. A manure management plan that complies with the requirements of item D must be submitted to the commissioner or delegated county when any one of the following conditions applies:
C. The manure management plan must be reviewed by the owner each year and adjusted for any changes in the amount of manure production, manure nutrient test results, fields available for receiving manure, crop rotations, or other practices which affect the available nutrient amounts or crop nutrient needs on fields receiving manure.
D. Except as provided in item E, the manure management plan must contain:
E. When ownership of manure from an animal feedlot capable of holding 300 or more animal units or a manure storage area capable or holding the manure produced by 300 or more animal units is to be transferred for application to fields not owned or leased by the owner of the animal feedlot or manure storage area, the owner of the animal feedlot where the manure was produced need not include the requirements in item D, subitems (3), (5) to (7), and (10) in the owner's manure management plan. Any person receiving the manure shall comply with subpart 1, item C.
**Subp. 5. Record keeping.**
Item A establishes the length of time that records must be kept. Items B and C indicate the information needed in records depending on the size and location of the facility.
A. Any person applying or receiving manure or process wastewater from a facility capable of holding 100 or more animal units shall maintain records of the amount of manure or process wastewater application on file:
B. For an animal feedlot capable of holding 300 or more animal units or a manure storage area capable of holding the manure produced by 300 or more animal units, or where manure or process wastewater is applied from an animal feedlot capable of holding 100 or more animal units or a manure storage area capable of holding the manure produced by 100 or more animal units in a drinking water supply management area where the aquifer is designated vulnerable under chapter 4720, records kept in accordance with item A must contain the following information:
C. For an animal feedlot or a manure storage area with a capacity of 100 or more animal units and fewer than 300 animal units, where manure or process wastewater will not be applied in a drinking water supply management area in which the aquifer is designated vulnerable under chapter 4720, records kept in accordance with item A must contain the following:
D. Where manure or process wastewater from animal feedlots or manure storage areas with a capacity of 300 or more animal units is transferred for application to fields not owned or leased by the owner of the animal feedlot which produced the manure, the owner of the animal feedlot or the manure storage area from which the manure is produced must meet the following requirements:
**Subp. 6. Manure and process wastewater application requirements in special protection areas.**
A. Manure or process wastewater must not be applied to frozen or snow-covered soils in special protection areas.
B. Manure or process wastewater applied to unfrozen soils in special protection areas must comply with subitem (1), (2), or (3).
C. Manure and process wastewater application by a traveling gun, center pivot, or other irrigation equipment that allows liquid application of manure to travel more than 50 feet in the air is prohibited in special protection areas.
**Subp. 7. Manure and process wastewater application for land within 300 feet of open tile intakes.**
Manure and process wastewater applied within 300 feet of open tile intakes, and where manure-contaminated runoff may flow into the open tile intake, must be injected or incorporated within 24 hours of application according to the schedule in items A and B unless other agency-approved water quality protection management practices are implemented in accordance with item C.
A. All liquid manure and process wastewater applied within 300 feet of open tile intakes must be injected or incorporated within 24 hours of application beginning October 23, 2000.
B. All manure and process wastewater applied within 300 feet of open tile intakes must be injected or incorporated within 24 hours of application when applied after October 1, 2005.
C. Other agency-approved practices must be implemented that have been demonstrated through research by a land grant college to provide an equal degree of water quality protection as injection or incorporation within 24 hours.
**Subp. 8. Manure and process wastewater application near sinkholes, mines, quarries, and wells.**
A. Manure and process wastewater must not be applied to land within 50 feet of an active or inactive water supply well, sinkhole, mine, or quarry.
B. Manure and process wastewater must be incorporated within 24 hours of surface application when applied to land that slopes toward a sinkhole and is less than 300 feet from the sinkhole except that no setback incorporation is necessary where diversions prevent manure-contaminated runoff from entering the sinkhole.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 122.23*
- *History: 25 SR 834; 38 SR 1535*
## **Chapter 7021** ACID DEPOSITION CONTROL
##### **Minn. R. 7021.0010** Repealed by subpart {#sec-7021.0010 omnilex-key=us-mn-regs-official--agency-167--7021.0010}
**Subpart 1.**
[Repealed, L 2013 c 114 art 4 s 108]
**Subp. 2.**
[Repealed, L 2013 c 114 art 4 s 108]
**Subp. 3.**
[Repealed, L 2012 c 272 s 98]
**Subp. 4.**
[Repealed, L 2013 c 114 art 4 s 108]
**Subp. 5.**
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 7021.0020** [Repealed, L 2013 c 114 art 4 s 108] {#sec-7021.0020 omnilex-key=us-mn-regs-official--agency-167--7021.0020}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 7021.0030** [Repealed, L 2013 c 114 art 4 s 108] {#sec-7021.0030 omnilex-key=us-mn-regs-official--agency-167--7021.0030}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 7021.0040** [Repealed, L 2013 c 114 art 4 s 108] {#sec-7021.0040 omnilex-key=us-mn-regs-official--agency-167--7021.0040}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 7021.0050** Repealed by subpart {#sec-7021.0050 omnilex-key=us-mn-regs-official--agency-167--7021.0050}
**Subpart 1.**
[Repealed, L 2012 c 272 s 98]
**Subp. 2.**
[Repealed, L 2012 c 272 s 98]
**Subp. 3.**
[Repealed, L 2012 c 272 s 98]
**Subp. 4.**
[Repealed, 30 SR 1130]
**Subp. 5.**
[Repealed, L 2013 c 114 art 4 s 108]
**Subp. 6.**
[Repealed, 30 SR 1130]
## **Chapter 7023** MOBILE AND INDIRECT SOURCES
##### **Minn. R. 7023.0100** Definitions {#sec-7023.0100 omnilex-key=us-mn-regs-official--agency-167--7023.0100}
**Subpart 1. Scope.**
As used in parts 7023.0100 to 7023.0120, the following words shall have the meanings defined herein.
**Subp. 2. Air pollution control system.**
"Air pollution control system" means any device or element of design installed on or in any motor vehicle or motor vehicle engine in order to comply with pollutant emission restrictions established for the motor vehicle or motor vehicle engine by federal statute or regulation.
**Subp. 3. Motor vehicle.**
"Motor vehicle" means any self-propelled vehicle powered by an internal combustion engine and designed for use on the public highways including, but not limited to, automobiles, trucks, and buses.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7023.0105** Standards of Performance for Motor Vehicles {#sec-7023.0105 omnilex-key=us-mn-regs-official--agency-167--7023.0105}
No person shall cause or permit the emission of visible air contaminants from a motor vehicle, other than one powered by a diesel cycle engine, for more than ten consecutive seconds.
No person shall cause or permit the emission of visible air contaminants from a motor vehicle powered by a diesel cycle engine:
A. in excess of 20 percent opacity for more than 20 consecutive seconds if the engine was manufactured prior to January 1, 1973; or
B. in excess of ten percent opacity for more than 20 consecutive seconds if the engine was manufactured after January 1, 1973.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7023.0110** Standards of Performance for Trains, Boats, and Construction Equipment {#sec-7023.0110 omnilex-key=us-mn-regs-official--agency-167--7023.0110}
No person shall cause or permit the emission of visible air contaminants from a train, boat, or construction equipment, which is powered by an internal combustion engine, in excess of the limits set forth in part 7023.0105.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7023.0115** Exemption {#sec-7023.0115 omnilex-key=us-mn-regs-official--agency-167--7023.0115}
The provisions of parts 7011.2300 and 7023.0100 to 7023.0120 do not apply to two-cycle internal combustion engines.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7023.0120** Air Pollution Control Systems Restrictions {#sec-7023.0120 omnilex-key=us-mn-regs-official--agency-167--7023.0120}
No person shall remove, alter, or otherwise render inoperative any air pollution control system.
No person shall operate a motor vehicle unless all air pollution control systems are in place and in operating condition.
No person shall rent, lease, offer for sale, or in any manner transfer ownership of a motor vehicle unless all air pollution control systems are in place and in operating condition.
The requirements of this part shall not restrict or prohibit the removal of any air pollution control system for repair or replacement.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7023.0150** Scope and Incorporation by Reference {#sec-7023.0150 omnilex-key=us-mn-regs-official--agency-167--7023.0150}
**Subpart 1. Scope.**
To reduce air pollution from vehicles in the state, parts 7023.0150 to 7023.0300 establish standards for low-emission vehicles and zero-emission vehicles.
**Subp. 2. Incorporation by reference.**
California Code of Regulations, title 13, sections 1900, 1956.8(h) (medium-duty vehicle greenhouse gas emission standards only), 1961.2, 1961.3, 1962.2, 1962.3, 1965, 1968.2, 1976, 1978, 2035, 2037 to 2041, 2046, 2062, 2109, 2111 to 2121, 2122 to 2135, 2139, and 2141 to 2149, as amended, are incorporated by reference. The regulations are not subject to frequent change and are available online at https://oal.ca.gov/publications/ccr/.
**Subp. 3. Term substitutions.**
In applying the incorporated sections of the California Code of Regulations, unless the context requires otherwise:
A. "California" means "Minnesota";
B. "CARB," "ARB," or "Air Resources Board" means the agency; and
C. "Executive Officer" means the commissioner.
**Subp. 4. Effective date.**
Parts 7023.0150 to 7023.0300, except part 7023.0300, subpart 4, are effective on the date given in a commissioner's notice published in the State Register after the standards incorporated by reference in subpart 2 are granted a waiver by the U.S. Environmental Protection Agency under United States Code, title 42, section 7543. The commissioner's notice must also designate the first effective model year in accordance with United States Code, title 42, section 7507.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 46 SR 66*
##### **Minn. R. 7023.0200** Definitions {#sec-7023.0200 omnilex-key=us-mn-regs-official--agency-167--7023.0200}
**Subpart 1. Applicability.**
For parts 7023.0150 to 7023.0300, the terms in this part have the meanings given. The definitions in parts 7000.0100 and 7005.0100 and California Code of Regulations, title 13, section 1900, apply to parts 7023.0150 to 7023.0300 unless the terms are otherwise defined in this part.
**Subp. 2. Authorized emergency vehicle.**
"Authorized emergency vehicle" has the meaning given in Minnesota Statutes, section 169.011.
**Subp. 3. CARB.**
"CARB" means the California State Air Resources Board as defined in California Health and Safety Code, division 26, part 1, chapter 1, section 39003.
**Subp. 4. First effective model year.**
"First effective model year" means the first model year for which the standards adopted in parts 7023.0150 to 7023.0300 are effective according to the commissioner's notice under part 7023.0150, subpart 4.
**Subp. 5. Light-duty truck.**
"Light-duty truck" has the meaning given under California Code of Regulations, title 13, section 1900(b)(11).
**Subp. 6. Medium-duty passenger vehicle.**
"Medium-duty passenger vehicle" has the meaning given under California Code of Regulations, title 13, section 1900(b)(12).
**Subp. 7. Medium-duty vehicle.**
"Medium-duty vehicle" has the meaning given under California Code of Regulations, title 13, section 1900(b)(13).
**Subp. 8. Military tactical vehicle.**
"Military tactical vehicle" means a land combat or transportation vehicle, excluding a rail-based vehicle, that is designed for and used by a branch of the United States armed forces or used as an authorized emergency vehicle by or for a governmental agency.
**Subp. 9. Model year.**
"Model year" means the manufacturer's annual production period that includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. The model year for a motor vehicle manufactured in two or more stages is the model year in which the chassis is completed.
**Subp. 10. Motor vehicle manufacturer.**
"Motor vehicle manufacturer" means a small, independent low, intermediate, or large volume manufacturer as defined under California Code of Regulations, title 13, section 1900(b)(8), (9), (10), and (22).
**Subp. 11. New motor vehicle.**
"New motor vehicle" means a first effective model year or later model year motor vehicle with less than 7,500 miles of use accumulated as of the date of sale or lease.
**Subp. 12. Passenger car.**
"Passenger car" has the meaning given under California Code of Regulations, title 13, section 1900(b)(17).
**Subp. 13. Transitional zero-emission vehicle or TZEV.**
"Transitional zero-emission vehicle" or "TZEV" has the meaning given under California Code of Regulations, title 13, section 1962.2(c).
**Subp. 14. Used motor vehicle.**
"Used motor vehicle" means a first effective model year or later model year motor vehicle with 7,500 miles or more of use accumulated as of the date of sale or lease.
**Subp. 15. Zero-emission vehicle or ZEV.**
"Zero-emission vehicle" or "ZEV" has the meaning given under California Code of Regulations, title 13, section 1962.2(a).
**History**
- *Statutory Authority: MS s 116.07*
- *History: 46 SR 66*
##### **Minn. R. 7023.0250** Low-Emission Vehicle Standards {#sec-7023.0250 omnilex-key=us-mn-regs-official--agency-167--7023.0250}
**Subpart 1. Requirement.**
Beginning with the first effective model year, all of the following that are produced by a motor vehicle manufacturer and delivered for sale or lease in the state must be certified to the standards incorporated by reference under part 7023.0150, subpart 2, except as provided under subpart 2:
A. new motor vehicles that are passenger cars, light-duty trucks, medium-duty passenger vehicles, and medium-duty vehicles;
B. new light- or medium-duty motor vehicle engines; and
C. motor vehicles with a new motor vehicle engine.
**Subp. 2. Exceptions.**
This part does not apply to:
A. a used motor vehicle;
B. a new motor vehicle sold to another dealer;
C. a new motor vehicle sold to be wrecked or dismantled;
D. a new motor vehicle sold exclusively for off-highway use;
E. a new motor vehicle sold for registration out-of-state;
F. a new motor vehicle that has been certified to standards adopted under authority granted in United States Code, title 42, section 7521, and that is in the possession of a rental agency in the state and that is next rented with a final destination outside of the state;
G. an authorized emergency vehicle;
H. a military tactical vehicle;
I. a new motor vehicle transferred by inheritance;
J. a new motor vehicle transferred by court decree;
K. a new motor vehicle acquired by a state resident to replace a motor vehicle that was registered to the resident and that, while out of state, was damaged, became inoperative beyond reasonable repair, or was stolen if the replacement motor vehicle is acquired out of state at the time the previously owned vehicle was damaged, became inoperative, or was stolen; or
L. a new motor vehicle purchased and registered in another state by a person who is a resident of that state and who subsequently establishes residency in Minnesota. Upon registering the new motor vehicle in Minnesota, the person must provide evidence to the commissioner of the previous residence and registration.
**Subp. 3. Fleet average emissions.**
A. For first effective model year motor vehicles and all subsequent model year motor vehicles to which this part applies, a motor vehicle manufacturer must not exceed the fleet average nonmethane organic gas plus oxides of nitrogen emission values under California Code of Regulations, title 13, section 1961.2. Credits and debits may be accrued and used based on a manufacturer's sales in the state of motor vehicles subject to this part according to California Code of Regulations, title 13, section 1961.2(c).
B. For first effective model year motor vehicles and all subsequent model year motor vehicles to which this part applies, a motor vehicle manufacturer must not exceed the fleet average greenhouse gas exhaust emission values under California Code of Regulations, title 13, section 1961.3. For first effective model year motor vehicles and all subsequent model year motor vehicles, manufacturers of medium-duty vehicles produced by a motor vehicle manufacturer and delivered for sale or lease in the state must not exceed the greenhouse gas emission standards under California Code of Regulations, title 13, section 1956.8(h)(6). Credits and debits may be accrued and used based on a manufacturer's sales in the state of motor vehicles subject to this part according to California Code of Regulations, title 13, section 1961.3.
**Subp. 4. Environmental performance labels.**
Beginning with the first effective model year and all subsequent model years, all new motor vehicles subject to this part produced by a motor vehicle manufacturer and delivered for sale or lease in the state must be affixed with emission control labels and environmental performance labels according to California Code of Regulations, title 13, section 1965.
**Subp. 5. Warranty requirements.**
For all motor vehicles subject to this part, the motor vehicle manufacturer must provide defect warranty coverage that complies with California Code of Regulations, title 13, sections 2035, 2037 to 2041, and 2046.
**Subp. 6. Recall requirements.**
For all motor vehicles subject to this part and subject to recall in California, the motor vehicle manufacturer must undertake a recall campaign in this state according to California Code of Regulations, title 13, sections 2111 to 2121 and 2122 to 2135, unless the manufacturer demonstrates to the commissioner that the recall is not applicable to motor vehicles registered in Minnesota.
**Subp. 7. Reporting requirements.**
A. By May 1 of the calendar year after the end of the model year, a motor vehicle manufacturer must annually submit to the commissioner a report demonstrating that the motor vehicle manufacturer has met the requirements of subpart 3, item A, for its fleet delivered for sale in the state.
B. By May 1 of the calendar year after the end of the model year, a motor vehicle manufacturer must annually submit to the commissioner a report demonstrating that the motor vehicle manufacturer has met the requirements of subpart 3, item B, for its fleet delivered for sale in the state.
C. If requested by the commissioner, a motor vehicle manufacturer must provide reports in the same format as provided to CARB on all assembly-line emission testing and functional test results collected as a result of compliance with this part, warranty claim reports, recall reports, and any other reports required by CARB under the regulations incorporated by reference under part 7023.0150. The reports must be supplemented with data on motor vehicles delivered for sale or registered in Minnesota.
D. If the commissioner deems it necessary to administer and enforce this part, the commissioner must require a motor vehicle manufacturer subject to this part to submit additional documentation, including all certification materials submitted to CARB.
**Subp. 8. Record availability and retention; reporting noncompliance.**
A. Upon oral or written request of the commissioner, a person subject to this part must furnish to the commissioner or allow the commissioner to access and copy all records that relate to the motor vehicles that are subject to this part and that are relevant for determining compliance with this part. Unless otherwise specified, a person subject to this part must retain all relevant records for at least five years after creating the records.
B. If a report issued by a motor vehicle manufacturer under subpart 7 demonstrates noncompliance with the fleet average under subpart 3 for a model year, the manufacturer must, within 60 days, file a report with the commissioner to document the noncompliance. The report must identify all motor vehicle models delivered for sale or lease in the state, the models' corresponding certification standards, and the percentage of each model delivered for sale in this state and California in relation to total fleet sales in the respective state.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 46 SR 66*
##### **Minn. R. 7023.0300** Zero-Emission Vehicle Standards {#sec-7023.0300 omnilex-key=us-mn-regs-official--agency-167--7023.0300}
**Subpart 1. Requirement.**
Beginning with the first effective model year, a motor vehicle manufacturer's sales fleet of passenger cars and light-duty trucks produced by motor vehicle manufacturers and delivered for sale or lease in the state must contain at least the same applicable percentage of ZEVs required under California Code of Regulations, title 13, section 1962.2.
**Subp. 2. Credit bank; reporting requirements; record availability and retention.**
A. Beginning in the first effective model year, a motor vehicle manufacturer subject to this part must open an account in the California ZEV credit system for banking credits earned in Minnesota. The account must be opened no later than March 1 of the calendar year after the end of the first effective model year. A motor vehicle manufacturer must notify the commissioner within 30 days of opening an account in the California ZEV credit system for the manufacturer's Minnesota ZEV credits.
B. At least annually by May 1 of the calendar year after the close of a model year, a motor vehicle manufacturer must submit a report to the commissioner that identifies the necessary delivery and placement data of all motor vehicles generating ZEV credits and all transfers and acquisitions of ZEV credits, according to California Code of Regulations, title 13, section 1962.2. The report may be amended based on late sales.
C. Upon oral or written request of the commissioner, a person subject to this part must furnish to the commissioner or allow the commissioner to access and copy all records that relate to the motor vehicles that are subject to this part and that are relevant for determining compliance with this part. Unless otherwise specified, a person subject to this part must retain all relevant records for at least five years after creating the records.
**Subp. 3. Requirement to make up ZEV deficit.**
A motor vehicle manufacturer that delivers for sale in the state fewer ZEVs or TZEVs than required to meet its ZEV credit obligation in a given model year must make up the deficit by submitting a commensurate amount of ZEV credits to the commissioner according to California Code of Regulations, title 13, section 1962.2(g)(7). The number of motor vehicles not meeting the ZEV credit obligation must be equal to the manufacturer's credit deficit, rounded to the nearest 1/100th and calculated according to the equation in California Code of Regulations, title 13, section 1962.2(g)(8).
**Subp. 4. Early-action credits.**
A. Beginning with model year 2022 and ending at the beginning of the first effective model year, a motor vehicle manufacturer may earn early-action ZEV credits for delivering ZEVs for sale in the state. A motor vehicle manufacturer choosing to earn early-action ZEV credits under this subpart must notify the commissioner to open an account to track early-action ZEV credits in Minnesota no later than March 1 of the calendar year after the close of the first model year for which the manufacturer intends to accrue early-action credits.
B. New motor vehicles delivered for sale in the state under this subpart earn early-action ZEV credits with the same values established in California Code of Regulations, title 13, section 1962.2.
C. A motor vehicle manufacturer that notifies the commissioner under item A must submit a report to the commissioner at least annually by May 1 of the calendar year after the close of the model year that identifies the necessary delivery and placement data of all motor vehicles generating early-action ZEV credits under this subpart, according to California Code of Regulations, title 13, section 1962.2. The report may be amended based on late sales.
D. After the reporting deadline under item C during the first effective model year and after receiving notice from a motor vehicle manufacturer under subpart 2, item A, the commissioner must load the ZEV credits earned by the motor vehicle manufacturer under this subpart into the manufacturer's California ZEV credit system account.
E. This subpart is effective beginning with a motor vehicle manufacturer's model year 2022.
**Subp. 5. Onetime credit allotment.**
A. For the first effective model year, the commissioner must deposit into each motor vehicle manufacturer's account a credit allotment equivalent to the first effective model year's ZEV credit requirement for that motor vehicle manufacturer.
B. The credit amount under item A must be calculated for the first effective model year according to California Code of Regulations, title 13, section 1962.2(b)(1)(A) and (B).
C. The commissioner must deposit the onetime credit allotment at the same time that the commissioner loads the ZEV credits earned by the motor vehicle manufacturer under subpart 4, item D, into the manufacturer's California ZEV credit system account.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 46 SR 66*
##### **Minn. R. 7023.1010** Repealed by subpart {#sec-7023.1010 omnilex-key=us-mn-regs-official--agency-167--7023.1010}
**Subpart 1.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 2.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 3.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 3a.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 4.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 4a.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 4b.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 5.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 6.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 7.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 8.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 9.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 10.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 11.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 12.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 12a.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 13.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 14.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 15.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 16.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 17.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 18.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 19.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 20.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 21.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 22.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 23.**
[Repealed, 18 SR 1593]
**Subp. 24.**
[Repealed, 18 SR 1593]
**Subp. 25.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 26.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 27.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 28.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 29.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 30.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 31.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 32.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 33.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 34.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 35.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 36.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 37.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 38.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 39.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1015** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1015 omnilex-key=us-mn-regs-official--agency-167--7023.1015}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1020** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1020 omnilex-key=us-mn-regs-official--agency-167--7023.1020}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1025** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1025 omnilex-key=us-mn-regs-official--agency-167--7023.1025}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1030** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1030 omnilex-key=us-mn-regs-official--agency-167--7023.1030}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1035** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1035 omnilex-key=us-mn-regs-official--agency-167--7023.1035}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1040** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1040 omnilex-key=us-mn-regs-official--agency-167--7023.1040}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1045** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1045 omnilex-key=us-mn-regs-official--agency-167--7023.1045}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1050** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1050 omnilex-key=us-mn-regs-official--agency-167--7023.1050}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1055** Repealed by subpart {#sec-7023.1055 omnilex-key=us-mn-regs-official--agency-167--7023.1055}
**Subpart 1.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 2.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 3.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 4.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 5.**
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
**Subp. 6.**
[Repealed, 18 SR 1593]
##### **Minn. R. 7023.1060** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1060 omnilex-key=us-mn-regs-official--agency-167--7023.1060}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1065** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1065 omnilex-key=us-mn-regs-official--agency-167--7023.1065}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1070** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1070 omnilex-key=us-mn-regs-official--agency-167--7023.1070}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1075** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1075 omnilex-key=us-mn-regs-official--agency-167--7023.1075}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1080** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1080 omnilex-key=us-mn-regs-official--agency-167--7023.1080}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1085** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1085 omnilex-key=us-mn-regs-official--agency-167--7023.1085}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1090** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1090 omnilex-key=us-mn-regs-official--agency-167--7023.1090}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1095** [Repealed, 18 SR 1593] {#sec-7023.1095 omnilex-key=us-mn-regs-official--agency-167--7023.1095}
[Repealed, 18 SR 1593]
##### **Minn. R. 7023.1100** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1100 omnilex-key=us-mn-regs-official--agency-167--7023.1100}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.1105** MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] {#sec-7023.1105 omnilex-key=us-mn-regs-official--agency-167--7023.1105}
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
##### **Minn. R. 7023.9000** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9000 omnilex-key=us-mn-regs-official--agency-167--7023.9000}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9005** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9005 omnilex-key=us-mn-regs-official--agency-167--7023.9005}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9010** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9010 omnilex-key=us-mn-regs-official--agency-167--7023.9010}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9015** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9015 omnilex-key=us-mn-regs-official--agency-167--7023.9015}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9020** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9020 omnilex-key=us-mn-regs-official--agency-167--7023.9020}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9025** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9025 omnilex-key=us-mn-regs-official--agency-167--7023.9025}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9030** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9030 omnilex-key=us-mn-regs-official--agency-167--7023.9030}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9035** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9035 omnilex-key=us-mn-regs-official--agency-167--7023.9035}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9040** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9040 omnilex-key=us-mn-regs-official--agency-167--7023.9040}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9045** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9045 omnilex-key=us-mn-regs-official--agency-167--7023.9045}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7023.9050** [Repealed, L 2001 1Sp2 s 162] {#sec-7023.9050 omnilex-key=us-mn-regs-official--agency-167--7023.9050}
[Repealed, L 2001 1Sp2 s 162]
## **Chapter 7025** LEAD PAINT REMOVAL
##### **Minn. R. 7025.0010** Applicability {#sec-7025.0010 omnilex-key=us-mn-regs-official--agency-167--7025.0010}
Parts 7025.0010 to 7025.0080 establish the procedures that a contractor shall follow to test for the presence of lead paint prior to abrasive blasting and to remove lead paint by abrasive blasting of the exterior of any residential building, child care building, school building, or any building within 100 feet of a residential, child care, or school building, or a playground.
**History**
- *Statutory Authority: MS s 116.07; 144.878*
- *History: 16 SR 442; 18 SR 614*
##### **Minn. R. 7025.0020** Definitions {#sec-7025.0020 omnilex-key=us-mn-regs-official--agency-167--7025.0020}
**Subpart 1. Scope.**
For the purposes of parts 7025.0010 to 7025.0080, the terms in subparts 2 to 15 have the meanings given them.
**Subp. 2. Abrasive blasting.**
"Abrasive blasting" means the use of air pressure and an abrasive grit to remove surface coatings. Among the techniques specifically identified as abrasive blasting are dry abrasive blasting, wet abrasive blasting, modified-wet abrasive blasting and vacuum blasting.
**Subp. 3. Acid extraction.**
"Acid extraction" means laboratory analysis of lead concentration according to Method 3050 as described in "Test Methods for Evaluating Solid Waste Volume 1A: Laboratory Manual Physical/Chemical Methods" SW-846, United States Environmental Protection Agency, Third Edition, November 1986. This document is incorporated by reference and is available through the Minitex interlibrary loan system. This document is not subject to frequent change.
**Subp. 4. Child care building.**
"Child care building" means a building that incorporates a place where children are cared for or supervised at any time of the day or year.
**Subp. 5. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 6. Contractor.**
"Contractor" means a person or an organization who, for financial gain, directly performs or, through subcontracting or similar delegation, causes abrasive blasting to be performed.
**Subp. 7. Lead paint.**
"Lead paint" means a coating that:
A. contains one-half of one percent (0.5 percent) total lead or more, as determined by the analytical methods of acid extraction or by X-ray fluorescence laboratory analyzer;
B. contains one milligram per square centimeter (1.0 mg/cm2) of lead or more, as determined by an X-ray fluorescence hand-held analyzer; or
C. causes a positive reaction when combined with sodium sulfide (Na2S).
**Subp. 8. Modified-wet abrasive blasting.**
"Modified-wet abrasive blasting" means abrasive blasting with the addition of a minimum quantity of water to the air abrasive stream such that dispersal of particulate matter is suppressed with little or no adherence of waste material to the substrate.
**Subp. 9. Playground.**
"Playground" means an area designated for children's play including a school building playground, a child care building playground, a play area of a public park, or an area that contains permanent play equipment.
**Subp. 10. Residential building.**
"Residential building" means a single family or multiunit structure that is used or intended for use as human habitation, including every other structure located within the same lot.
**Subp. 11. School building.**
"School building" means a building that contains a public school as defined in Minnesota Statutes, section 120.05, or a nonpublic school, church, or religious organization, or home-school in which a child is provided instruction in compliance with Minnesota Statutes, sections 120.101 and 120.102.
**Subp. 12. Sodium sulfide.**
"Sodium sulfide" means a six to eight percent solution of sodium sulfide (Na2S) compound in water that reacts with lead at concentrations greater than 1.0 percent (10,000 ppm).
**Subp. 13. Total lead.**
"Total lead" means the concentration of lead in paint, determined by acid extraction or by X-ray fluorescence laboratory analyzer, expressed in units of parts per million (ppm) or percent (%).
**Subp. 14. Vacuum blasting.**
"Vacuum blasting" means dry abrasive blasting with a blast nozzle that is surrounded by a chamber under negative air pressure that is held against the coated surface.
**Subp. 15. X-ray fluorescence analyzer, XRF analyzer.**
"X-ray fluorescence analyzer" or "XRF analyzer" means:
A. a hand-held portable instrument that measures lead concentration (by influorescence of lead atoms) by gamma radiation, expressed in milligrams per centimeter square (mg/cm2); or
B. a desktop laboratory instrument that measures lead concentration (by influorescence of lead atoms) by gamma radiation, expressed in parts per million (ppm).
**History**
- *Statutory Authority: MS s 116.07; 144.878*
- *History: 16 SR 442; 18 SR 614*
##### **Minn. R. 7025.0030** Testing {#sec-7025.0030 omnilex-key=us-mn-regs-official--agency-167--7025.0030}
**Subpart 1. Testing required.**
A contractor shall test a coating for lead concentration, using the methods required by this part, before using abrasive blasting to remove a coating from the exterior of a residential, child care, or school building, or any building within 100 feet of a residential, child care, or school building, or a playground.
**Subp. 2. Paint samples.**
The contractor shall test all layers of paint on the following exterior surfaces from which paint is to be removed:
A. the paint on the original structure;
B. the paint on any addition to the original structure;
C. the paint on each separate structure; and
D. if surfaces have been painted or repainted at different times or with different paints, the paint on each surface.
**Subp. 3. Analysis.**
The contractor shall analyze each paint sample for lead concentration using one of the methods in items A to D.
A. Acid extraction. If the contractor tests by acid extraction, the contractor shall analyze for total lead using paint samples that contain equal surface areas of all the paint coatings of the surface that is tested.
B. X-ray fluorescence analyzer. If the contractor tests using a hand-held portable XRF analyzer, the lead concentration for each surface shall be the mean value of at least five separate measurements for that surface. If the contractor tests using a desktop laboratory XRF analyzer, each paint sample shall contain equal surface areas of all paint coatings of the surface that is tested.
C. Sodium sulfide (Na2S). If the contractor tests using sodium sulfide and obtains a negative test result for lead on any surface painted before 1978, the contractor shall confirm the absence of lead paint by testing a sample from that surface with either acid extraction or an XRF analyzer in the manner required in item A or B.
D. Other analysis methods. The contractor may test for lead concentration using an analysis method not listed in items A to C only if the commissioner approves the analysis method in writing prior to its use. The commissioner shall approve an analysis method if the commissioner finds that the precision and accuracy of the method is comparable to the methods in item A or B.
**Subp. 4. Test results.**
The contractor shall provide the test results to the building owner or administrator and the adult residents as part of the notice described in part 7025.0040, subpart 2, to the commissioner as part of the notice described in part 7025.0040, subpart 3, and shall retain the test results for a period not less than five years from the date of the test.
**Subp. 5. Waiver of testing.**
A contractor may elect to conduct abrasive blasting of a residential, child care, or school building, or of any building within 100 feet of a residential, child care, or school building, or a playground, without testing to determine the presence and concentration of lead in paint if the contractor treats the paint as lead paint, so states in the notice of part 7025.0040, and otherwise complies with parts 7025.0010 to 7025.0080.
**History**
- *Statutory Authority: MS s 116.07; 144.878*
- *History: 16 SR 442; 18 SR 614*
##### **Minn. R. 7025.0040** Notification {#sec-7025.0040 omnilex-key=us-mn-regs-official--agency-167--7025.0040}
**Subpart 1. Notice required.**
At least five days before the start of abrasive blasting of lead paint on the exterior of a residential, child care, or school building, or of any building within 100 feet of a residential, child care, or school building, or a playground, the contractor shall provide notice as described in items A and B.
A. Written notice as required in subpart 2 must be given to the owner or administrator and the adult residents of the building to be abrasive blasted, and to the owner or administrator and the adult residents of any residential, child care, or school buildings within 50 feet of the building to be abrasive blasted. The contractor must mail or physically hand the notice to the owner or administrator of a child care or school building. For residences, the contractor must mail, physically hand, or put on or under the door of each residence a notice for at least one adult resident of each single-family structure and one adult resident of each unit in a multifamily structure.
B. Written notice as required in subpart 3 must be given to the commissioner. If the contractor postpones abrasive blasting more than five days from the anticipated start of abrasive blasting stated in the written notices required by this subpart, then the contractor shall, at least two days before the start of abrasive blasting, revise and redistribute the notices required by this subpart with the new days and hours during which abrasive blasting is anticipated.
**Subp. 2. Contents of notice to residents, administrator, and owner.**
The notice required in subpart 1, item A, shall state that lead paint is present on the structure, shall provide the results of the test required by part 7025.0030 and the methods of analysis used, shall specify the days and the hours during which abrasive blasting is anticipated, and shall advise the owner or administrator and the adult residents to take the following actions before abrasive blasting begins:
A. close all doors, windows, and storm windows on the walls to be abrasive blasted and their adjoining walls, and on the walls of neighboring buildings that face the structure to be abrasive blasted and their adjoining walls;
B. completely seal from the outside with adhesive tape or caulking the outermost window or storm window to the window frame, the outermost door or storm door to the door frame, and air intake openings on the walls of the neighboring building that are specified in item A. Walls that adjoin the walls facing the abrasive blasting need only be sealed to a distance of 50 feet from the wall to be abrasive blasted;
C. turn off all air conditioning units on the walls to be abrasive blasted and their adjoining walls, and on the walls of neighboring buildings that face the structure to be abrasive blasted and their adjoining walls, and tightly cover all of these units with impermeable material; and
D. take inside or remove from the property within 50 feet of the structure to be abrasive blasted all children's toys and play equipment, or cover equipment that cannot be moved, and all pets, pet houses, and pet food and water bowls.
**Subp. 3. Contents of notice to commissioner.**
The notice required in subpart 1, item B, shall state:
A. the address and location of the building to be abrasive blasted;
B. the scheduled starting and completion days and times;
C. the results of the test required by part 7025.0030 and the method of analysis used;
D. the name, business address, and telephone number of the contractor;
E. a description of the building or buildings to be abrasive blasted, including whether each building is a residential, child care, or school building, or within 100 feet of a residential, child care, or school building, or a playground;
F. a copy of the notice given to the owner or administrator and adult residents of each building under subparts 1 and 2;
G. the abrasive blasting method the contractor plans to use;
H. the procedures the contractor plans to use to comply with parts 7025.0010 to 7025.0080;
I. the name and location of the waste disposal site where the debris collected as required by part 7025.0060 will be deposited; and
J. any other information that the commissioner deems necessary to determine that the requirements of parts 7025.0010 to 7025.0080 will be followed.
**History**
- *Statutory Authority: MS s 116.07; 144.878*
- *History: 16 SR 442; 18 SR 614*
##### **Minn. R. 7025.0050** Containment {#sec-7025.0050 omnilex-key=us-mn-regs-official--agency-167--7025.0050}
**Subpart 1. Containment required.**
The contractor shall apply containment, using the methods required by this part, before using abrasive blasting to remove lead paint from the exterior of a residential, child care, or school building, or a building within 100 feet of a residential, child care, or school building, or a playground. The contractor may utilize methods of removal by abrasive blasting or of containment other than those specified in this part only if the commissioner approves the alternative method of removal or containment in writing prior to its use. The commissioner shall approve the alternative method of removal or containment if the contractor demonstrates that the alternative containment method will prevent contamination of soil and house dust at least as well as the methods specified in this part.
**Subp. 2. Sealing the residential, child care, or school building.**
Before abrasive blasting begins, the contractor shall:
A. fully close and completely seal from the outside with adhesive tape or caulking the outermost window or storm window to the window frame, the outermost door or storm door to the door frame, and air intake openings on the wall to be abrasive blasted and on the two adjoining walls to a distance of 50 feet from the wall to be abrasive blasted, if the building is a residential, child care, or school building;
B. tightly cover and seal with impervious plastic all air conditioning units and other air intake openings on the walls listed in item A; and
C. if a wall of a neighboring residential, child care, or school building is less than 20 feet from a wall to be abrasive blasted, suspend curtains between the wall to be abrasive blasted and the neighboring building that:
**Subp. 3. Ground cover.**
Before abrasive blasting begins, the contractor shall completely cover, with impermeable tarpaulins, the ground beneath the wall or structure to be abrasive blasted by:
A. laying the tarpaulins as close as possible to the building foundation;
B. overlapping the tarpaulin edges by a distance not less than 1-1/2 feet;
C. anchoring the tarpaulins at the foundation and along the overlapping edges to prevent separation; and
D. covering the ground with tarpaulins for a distance of at least 25 feet in all directions from the area of blasting. For each story above the first, the contractor shall increase this distance by ten feet.
**Subp. 4. Additional containment required.**
If visible emissions of particulate matter occur in the air or visible deposits occur on the ground at a distance from the structure greater than the distance of the ground cover, then the contractor shall immediately cease abrasive blasting until the contractor:
A. adds additional ground cover, in the manner required in subpart 3, to a distance greater than the distance of visible particle transport or deposition;
B. uses a curtain or curtains that prevent the dispersal of visible particles to a distance beyond the ground cover; or
C. uses modified-wet abrasive blasting or vacuum blasting, instead of open dry abrasive blasting, to remove the lead paint.
**History**
- *Statutory Authority: MS s 116.07; 144.878*
- *History: 16 SR 442; 18 SR 614*
##### **Minn. R. 7025.0060** Cleanup {#sec-7025.0060 omnilex-key=us-mn-regs-official--agency-167--7025.0060}
**Subpart 1. Cleanup.**
At the end of each workday, the contractor shall recover and remove all blasting debris including used abrasive; wood, brick, or stucco dust; and paint particles from:
A. the roof and the roof gutters of the building that was abrasive blasted, while ground covers remain in place;
B. the ground covers in such a way as to not deposit any blasting debris on the ground; and
C. all soil, grass, walkways, porches, patios, steps, outside window wells and door wells, shrub and flower beds, and any other places surrounding the building that was abrasive blasted and any neighboring buildings, so that no visible deposits remain.
**Subp. 2. Cleanup methods.**
The contractor may remove the blasting debris by manual means or by vacuum, but shall not use an air pressure stream or a water stream which redistributes, but does not remove, the blasting debris. The contractor may use air pressure to remove particles from exterior walls, but only if ground covers are in place as required by part 7025.0050, subpart 3, and only before the adhesive tape or caulking seals and the curtains required by part 7025.0050, subpart 2, are removed.
**Subp. 3. Removal and transportation.**
The contractor shall remove and transport all blasting debris from the property in such a way as to prevent any deposition of blasting debris on the property, the right-of-way, the walkway, or the roadway.
**Subp. 4. Disposal.**
The contractor shall dispose of the blasting debris as required by either chapter 7035 or 7045, whichever applies.
**History**
- *Statutory Authority: MS s 116.07; 144.878*
- *History: 16 SR 442; 18 SR 614*
##### **Minn. R. 7025.0070** Restrictions {#sec-7025.0070 omnilex-key=us-mn-regs-official--agency-167--7025.0070}
**Subpart 1. Wet abrasive blasting.**
A contractor shall not use wet abrasive blasting to remove lead paint, but may use modified-wet abrasive blasting to remove lead paint if the contractor complies with parts 7025.0010 to 7025.0080.
**Subp. 2. Reuse of abrasive.**
A contractor shall not reuse or recycle abrasive for abrasive blasting of lead paint unless the abrasive is cleaned prior to reuse by a dust collector that removes the lead paint particles or unless the abrasive is used only for vacuum blasting conducted as required in part 7025.0080.
**Subp. 3. Access of children.**
The contractor shall make a reasonable effort to prevent children under the age of ten years from entering the area within 50 feet of abrasive blasting while it is occurring and until cleanup as required by part 7025.0060 is completed. If a child under the age of ten years comes within 50 feet of abrasive blasting while it is occurring, abrasive blasting shall immediately cease until the child leaves or is removed from the area.
**Subp. 4. Identification of contractor.**
The contractor shall post its name and telephone number in letters and numbers at least four inches high on a vehicle at the property or on a sign posted on the property from the commencement of abrasive blasting until completion of the contractor's work at the building.
**History**
- *Statutory Authority: MS s 116.07; 144.878*
- *History: 16 SR 442; 18 SR 614*
##### **Minn. R. 7025.0080** Vacuum Blasting {#sec-7025.0080 omnilex-key=us-mn-regs-official--agency-167--7025.0080}
**Subpart 1. Certain contractors exempt from requirements.**
A contractor that uses vacuum blasting to remove lead paint from all parts of a structure is exempt for that structure only from the requirements of subpart 2 if:
A. the contractor removes all paint by holding the workhead of the vacuum blasting unit at all times against the substrate;
B. all parts of the vacuum blasting equipment are in a condition that prevents emissions of particulate matter; and
C. no other method of abrasive blasting is used.
**Subp. 2. Inapplicable requirements.**
Contractors described in subpart 1 are exempt from the following requirements:
A. part 7025.0040, subparts 1 and 2, to the extent that they require the contractor to notify the owner or administrator and adult residents of neighboring buildings;
B. part 7025.0050, subpart 4; and
C. part 7025.0050, subpart 2, item C. For contractors described in subpart 1, the requirement of part 7025.0050, subpart 3, item D, of distance of ground cover is reduced to a minimum of 15 feet in all directions of the point of blasting and need not be increased according to the height of the structure.
**History**
- *Statutory Authority: MS s 116.07; 144.878*
- *History: 16 SR 442; 18 SR 614*
##### **Minn. R. 7025.0200** Applicability {#sec-7025.0200 omnilex-key=us-mn-regs-official--agency-167--7025.0200}
Parts 7025.0200 to 7025.0380 establish the procedures that an owner or a contractor shall follow to remove lead paint from the exterior surface of a steel structure that is permanently fixed in an outside location, from a mobile or portable steel structure that is located outside at the time that lead paint is removed from its surface, and from exterior metal components of buildings.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0210** Definitions {#sec-7025.0210 omnilex-key=us-mn-regs-official--agency-167--7025.0210}
**Subpart 1. Scope.**
For the purposes of parts 7025.0200 to 7025.0380, the terms in this part have the meanings given them.
**Subp. 2. Abrasive blasting.**
"Abrasive blasting" means the use of either air pressure or a centrifugal wheel and abrasive particles to remove surface coatings or to prepare a surface for paint application.
**Subp. 3. Acid digestion.**
"Acid digestion" means laboratory analysis of lead concentration according to digestion method 3050 or 3051 and analytical method 6010 or 7420 as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods SW-846," volume 1A, United States Environmental Protection Agency (EPA), Third Edition, November 1986; or laboratory analysis according to method 3335 of the American Society for Testing and Materials as described in "Annual Book of ASTM Standards," volume 06.01, June 1984. These documents are incorporated by reference and are available at the State Law Library through the Minitex interlibrary loan system. They are not subject to frequent change.
**Subp. 4. Bridge.**
"Bridge" means a roadway, railway, or pedestrian bridge with steel trusses or girders that is part of a roadway or that traverses a roadway, railway, walkway, or waterway.
**Subp. 5. Child care property.**
"Child care property" means property that incorporates a child care building where children are cared for or supervised at any time of the day or year.
**Subp. 6. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 7. Contractor.**
"Contractor" means a person, an organization, or a corporation who, for financial gain, directly performs paint removal from the exterior of a steel structure or, through subcontracting or similar delegation, causes such paint removal to be performed.
**Subp. 8. Ground storage tank.**
"Ground storage tank" means a water, fuel, chemical, fertilizer, or other storage tank that has a height above the ground less than 20 feet; a diameter greater than or equal to its height; or a length greater than its height; or a portable storage tank.
**Subp. 9. High-efficiency particulate air (HEPA) filter.**
"High-efficiency particulate air (HEPA) filter" means a filter that removes from the air at least 99.97 percent of all particles greater than 0.3 microns in diameter.
**Subp. 10. Lead paint.**
"Lead paint" means a coating that contains:
A. one-half of one percent (0.5 percent), or 5,000 parts per million (5,000 ppm), or more of total lead by weight in the dried film as determined by acid digestion and analysis; or
B. one-half milligram per square centimeter (0.5 mg/cm2) or more of lead, as determined by X-ray fluorescence analyzer.
**Subp. 11. Low-dust nonsilica abrasive.**
"Low-dust nonsilica abrasive" means an abrasive particle product that is rated by the manufacturer as a low-dust abrasive and that contains less than one percent (1.0 percent) free silica by weight.
**Subp. 12. Owner.**
"Owner" means a person, organization, corporation, or governmental or political entity, and its employees, to whom a steel structure belongs and who performs paint removal from the structure or who contracts for its removal.
**Subp. 13. Playground.**
"Playground" means an area designated for children's play including a school playground, a child care building playground, a play area of a public park, or an area that contains permanent play equipment.
**Subp. 14. Power tool.**
"Power tool" means an electric or pneumatic rotary peening tool, needle gun, or other tool that breaks and removes a coating but does not abrade the coating, or an electric or pneumatic tool that does abrade the coating and is equipped with a high-efficiency particulate air (HEPA) filter vacuum.
**Subp. 15. Protected natural area.**
"Protected natural area" means a designated national park, national wildlife refuge, national wild and scenic river, nature center, or environmental learning center; an area designated by the Minnesota Department of Natural Resources (MnDNR) as a wildlife management area, scientific and natural area, state park, research natural area, waterfowl production area, area of special interest; a site officially registered with any unit of government through the scientific and natural area program of the MnDNR; or a site of occurrence of unique plant or animal life identified by the natural heritage program of the MnDNR.
**Subp. 16. Public use property.**
"Public use property" means property that includes a building used by the public, a recreational area, or a public parking lot, but does not mean property that includes only a playground or only a roadway.
**Subp. 16a. Representative of the owner.**
"Representative of the owner" means any person, organization, corporation, contractor, or other entity and its employees, who performs or exercises control over any portion of a project subject to the provisions of parts 7025.0200 to 7025.0380. This includes, but is not limited to, project design and specifications, identification and testing of paint, project notifications, and project oversight or supervision.
**Subp. 17. Residential property.**
"Residential property" means property that incorporates a single-family or multiunit building that is intended for use for human habitation.
**Subp. 18. School property.**
"School property" means property that contains a public school building as defined in Minnesota Statutes, section 120.05, or a nonpublic school, church, or religious organization building in which a child is provided instruction in compliance with Minnesota Statutes, sections 120.101 and 120.102.
**Subp. 19. Steel structure.**
"Steel structure" means a structure that has a steel surface from which lead paint might be removed in the ambient air and includes, but is not limited to:
A. steel girders or trusses of a bridge;
B. water storage tanks;
C. fuel and chemical storage tanks;
D. fertilizer tanks;
E. grain storage bins;
F. railcars;
G. buildings;
H. pipelines;
I. boats and barges;
J. transmission towers;
K. transformers;
L. light poles;
M. locks and dams;
N. parking ramps;
O. handrails, walkways, and stairways;
P. vehicles that are used for commerce, industry, or construction;
Q. steel structures of utilities, power plants, water and waste treatment facilities, pulp and paper mills, chemical and food processing plants, petroleum refining plants, and shipyards; and
R. other industrial and commercial equipment.
**Subp. 20. Vacuum blasting.**
"Vacuum blasting" means abrasive blasting with either a blast module or a blast nozzle surrounded by a chamber that is evacuated with negative air pressure and that is held against the coated surface.
**Subp. 20a. Water body.**
"Water body" means any river, stream, lake, pond, marsh, watercourse, waterway, spring, reservoir, drainage ditch, and any other body of surface water that is contained within, flows through, or borders on the state.
**Subp. 21. Water tank.**
"Water tank" means a ground storage tank, standpipe, or water tower that is used as a reservoir of water.
**Subp. 22. Water tower.**
"Water tower" means an elevated multileg tank, a pedestal column spherical tank, or a fluted column tank or hydropillar used as a reservoir of water.
**Subp. 23. Wet abrasive blasting.**
"Wet abrasive blasting" means abrasive blasting with the addition of water to the air abrasive stream.
**Subp. 24. X-ray fluorescence analyzer or XRF analyzer.**
"X-ray fluorescence analyzer" or "XRF analyzer" means a field instrument that measures lead concentration by influorescence of lead atoms, expressed in milligrams per centimeter square (mg/cm2).
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202; 23 SR 2224*
##### **Minn. R. 7025.0220** Compliance {#sec-7025.0220 omnilex-key=us-mn-regs-official--agency-167--7025.0220}
**Subpart 1. Lead paint removal requirements.**
A. An owner or contractor who removes lead paint from a steel bridge shall comply with parts 7025.0230 to 7025.0300 and 7025.0380.
B. An owner or contractor who removes lead paint from a steel water tank, ground storage tank, grain storage bin, or other storage structure shall comply with parts 7025.0230, 7025.0240, 7025.0310 to 7025.0350, and 7025.0380.
C. An owner or contractor who removes lead paint from a steel structure not cited in item A or B, shall comply with parts 7025.0230, 7025.0240, and 7025.0360 to 7025.0380.
**Subp. 2. Use of alternative methods.**
The owner or contractor may use methods of paint analysis, paint removal, and containment other than those specified in this part if the commissioner approves the alternative method in writing prior to its use. The commissioner shall give conditional approval of the alternative method if the owner or contractor submits a request in writing that:
A. provides product specifications and either original documentation or manufacturer data that demonstrate that the method provides analysis of equivalent accuracy or pollution control of equivalent or greater efficiency than the methods specified in this part; and
B. identifies the specific provisions of the rule for substitution with the alternative method.
**Subp. 3. Compliance with other regulations.**
Nothing in parts 7025.0200 to 7025.0380 shall be construed to allow testing, removal, containment, recovery, or disposal of lead paint or lead paint particles from steel structures in violation of local regulations or federal or state rules and statutes, including those relating to occupational safety and health, which include Code of Federal Regulations, title 29, section 1926.62, as adopted by reference in part 5205.0010.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0230** Identification of Lead in Paint {#sec-7025.0230 omnilex-key=us-mn-regs-official--agency-167--7025.0230}
**Subpart 1. Testing required.**
An owner, or representative of the owner, shall test a coating for total lead concentration, using the methods required by this part, before the owner or contractor removes the coating from the exterior of a steel structure, except as provided in subpart 2, items A and C, unless removal is to be conducted inside a building. The owner of a steel structure shall retain paint test records for a minimum of three years.
**Subp. 2. Sampling procedure and analysis.**
The samples collected or measured las required by this subpart shall be representative of the coatings to be removed. Each collected sample shall include equal surface areas and the entire thickness of each coating. The lead concentration of a surface sample measured by an XRF analyzer shall be the mean value of a minimum of three different measurements of that surface. If parts of the steel structure have been painted at different times or with different paints, a sample of each coating from each of these parts must also be collected or measured.
A. Bridges. Prior to paint removal, the owner of a bridge shall determine the concentration of lead in paint on the bridge either by review of painting records or by XRF analysis or acid digestion analysis of a minimum of one paint sample from a girder bridge or one paint sample from the trusses and one from the girders of a truss bridge.
B. Storage structures. Prior to paint removal, the owner of a water tank, fuel tank, grain storage bin, or other storage structure shall determine the concentration of lead in paint on the structure by either XRF analysis or acid digestion analysis of each sample of paint.
C. Other steel structures. Prior to paint removal, the owner of a steel structure, other than a bridge or a storage structure, or the owner of a painting facility shall determine the concentration of lead in paint on the structure either by review of painting records or by XRF analysis or acid digestion analysis of a minimum of one sample of paint.
**Subp. 3. Calculation of lead concentration.**
Where samples are analyzed from different parts of one structure, the calculation of lead concentration for the structure is the sum of the following product for each of the samples:
such that:
(areaA x PbA) + (areaB x PbB) +...+
(areaN x PbN) = lead concentration (% or mg/cm2)
where "A," "B," "N" are sample areas; "area" is the surface area of the part of the structure expressed in whole percent of total surface area, so that the sum of all surface areas is equal to 100 percent; and "Pb" is the concentration of total lead expressed in percent as a decimal or the weight of lead per surface area expressed in mg/cm2 divided by 100.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202; 23 SR 2224*
##### **Minn. R. 7025.0240** Notification {#sec-7025.0240 omnilex-key=us-mn-regs-official--agency-167--7025.0240}
**Subpart 1. Notice required.**
The owner, or representative of the owner, of a steel structure or the owner, or representative of the owner, of a painting facility shall provide notice as described in items A and B at least ten working days before the start of removal of lead paint from a total exterior surface area greater than 500 square feet on one steel structure or on more than one steel structure at one location during one calendar year. Stationary painting facilities that have applied for an air quality permit as required by chapter 7007, permits and offsets rules, whose only emissions are due to paint removal and repainting operations, are exempt from notification.
A. The owner, or representative of the owner, must give written notice as required in subpart 2 to the adult residents of buildings, and to the owner or administrator of any child care or school buildings, within a distance to a single steel structure of 50 feet or twice the height of the structure, whichever is greater, but not to exceed 500 feet. Notification is required within 200 feet of a bridge portion. For multiple storage structures at one location, this distance is equal to the sum of the heights of individual structures from which lead paint is removed during one year, not to exceed 200 feet. The owner, or representative of the owner, must mail or deliver the notice to the owner or administrator of a child care or school building. The owner, or representative of the owner, must mail, deliver, or put on or under the door of each residence one notice for each single-family building and one notice for each unit of a multiunit building. If the owner, or representative of the owner, postpones the beginning of paint removal more than five working days from the date stated in the written notices required by this subpart, the owner, or representative of the owner, shall redistribute each of the notices with the revised schedule for paint removal within five working days of the original starting date.
B. The owner, or representative of the owner, must mail, facsimile, or deliver written notice to the commissioner as required in subpart 3. Any corrections to the information provided in the notice shall be made in writing and received by the commissioner no later than the date the change is initiated. However, a change of the project starting date to an earlier starting date requires advance notification of ten working days. If the owner, or representative of the owner, postpones the beginning of paint removal from the date stated in the original written notice, the commissioner must be renotified before the original starting date of paint removal by a supplemental notice with the revised schedule. The owner, or representative of the owner, shall mail, facsimile, or deliver amended notifications to the commissioner.
**Subp. 2. Contents of notice to residents, administrator, and owner.**
The notice required in subpart 1, item A, shall state that lead paint is present on the structure, shall specify the days and the hours during which paint removal is anticipated, and shall advise the owner or administrator and the adult residents of buildings to prevent children under the age of ten years from entering the outdoor area within 100 feet of the structure or structures or bridge portion from the start of paint removal each day until the completion of cleanup after paint removal.
If dry abrasive blasting or wet abrasive blasting is the method of paint removal, the notice shall further advise the owner or administrator and the adult residents of buildings within 100 feet of the structure or structures or bridge portion, or within a distance equal to the height of the structure, whichever is greater, to take the following actions each day before paint removal begins:
A. close all doors, windows, and storm windows on the walls that face the structure to be abrasive blasted and their adjoining walls;
B. turn off all air conditioning units that use outdoor air exchange on the walls that face the structure and their adjoining walls, and tightly cover these units with impermeable material; and
C. take inside or remove from the exterior property all pets, pet houses, pet food and water bowls, and all children's toys and play equipment, or cover the equipment that cannot be moved.
**Subp. 3. Contents of notice to commissioner.**
The notice required in subpart 1, item B, shall include:
A. the type of steel structure from which paint is to be removed and the address or location of the structure or structures;
B. the scheduled starting and completion days and times;
C. a copy of the painting records or paint test results required by part 7025.0230;
D. the name, business address, and telephone number of the contractor, the consultant, and the owner, and the name of one contact person for each company and owner;
E. if the structure from which lead paint is to be removed is either a bridge or a steel structure in part 7025.0370, item C, a description of the bridge or structure that includes:
F. if the structure from which lead paint is to be removed is either a storage structure or a steel structure in part 7025.0370, item A, a description of the structure that includes:
G. a copy of the notice given to the adult residents and to the owner or administrator in subparts 1 and 2, with a list of addresses, within the distance required by subpart 1, that received notification;
H. the paint removal methods and the containment methods the owner or contractor will use to comply with parts 7025.0260 to 7025.0300, 7025.0320 to 7025.0350, and 7025.0360 to 7025.0370;
I. the name and location of the waste disposal site where the waste collected as required by parts 7025.0260 to 7025.0300, 7025.0320 to 7025.0350, and 7025.0360 to 7025.0370, and disposed of as required by part 7025.0380, will be deposited; or a description of the proposed disposition of waste materials that are not put in a waste disposal site; or, if the waste generator is a hazardous waste facility permitted by the MPCA, the EPA identification number of the facility; and
J. any other information that the commissioner may request to determine compliance with parts 7025.0200 to 7025.0380. Any corrections to the information provided in the notice shall be made in writing by a supplemental notice that the owner shall mail, facsimile, or deliver to the commissioner.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202; 23 SR 2224*
##### **Minn. R. 7025.0250** Classification of Bridges {#sec-7025.0250 omnilex-key=us-mn-regs-official--agency-167--7025.0250}
**Subpart 1. Application.**
The classifications in this part shall be used to determine the requirements in parts 7025.0260 to 7025.0300 that apply to a bridge or bridge portion from which lead paint will be removed. The owner or contractor shall determine the class of each bridge or bridge portion.
**Subp. 2. Class I.**
A bridge or bridge portion is class I if it is not within 100 feet of, or is not above, a water body and is not within:
A. 300 feet of residential, child care, or school property or a playground;
B. 200 feet of public use, commercial, or protected natural area property; or
C. 100 feet of industrial or agricultural property.
**Subp. 3. Class II.**
A bridge or bridge portion is class II if it is within 100 feet of, or is above, a water body, but otherwise meets the qualifications in subpart 2, items A to C, for a class I bridge.
**Subp. 4. Class III.**
A bridge or bridge portion is class III if it is not within 100 feet of, and is not above, a water body, but is within:
A. 300 feet of residential, child care, or school property or a playground;
B. 200 feet of public use, commercial, or protected natural area property; or
C. 100 feet of industrial or agricultural property.
**Subp. 5. Class IV.**
A bridge or bridge portion is class IV if it is within 100 feet of, or is above, a water body, but otherwise meets the qualifications in subpart 4, items A to C, for a class III bridge.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0260** Pollution Control Required {#sec-7025.0260 omnilex-key=us-mn-regs-official--agency-167--7025.0260}
An owner or contractor who removes lead paint from a steel bridge shall use the paint removal and containment methods required in parts 7025.0260 to 7025.0300, except that paint removal conducted only for the purpose of coatings analysis is exempt. Pollution control must be used on a bridge or other structure that traverses a state boundary, as if the bridge or structure were entirely in Minnesota, unless the owner or contractor complies with requirements of the neighboring state or province that are more restrictive in preventing lead contamination than those in parts 7025.0260 to 7025.0300.
The owner or contractor who uses dry abrasive blasting for surface preparation after removing all lead paint with any other method shall use the containment methods required in part 7025.0270, subparts 2 and 3, except that the use of curtains is not required if:
A. a low-dust nonsilica abrasive is used;
B. the total area of surface preparation is less than 1,000 square feet;
C. the bridge or bridge portion is class I or class II, or it is class III or class IV due to proximity of industrial or agricultural property only; and
D. particulate matter does not cross the owner's property line.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0270** Class I Bridge {#sec-7025.0270 omnilex-key=us-mn-regs-official--agency-167--7025.0270}
**Subpart 1. Application.**
An owner or contractor who removes lead paint from a class I bridge or bridge portion by dry abrasive blasting shall use the methods required in this part as minimum pollution control, or the owner or contractor shall use a method of removal from part 7025.0290. For those portions of the bridge where curtains and ground cover cannot be used, the owner or contractor shall use the containment methods of part 7025.0280, subpart 2, item A or B.
**Subp. 2. Ground cover.**
The owner or contractor shall use 100 percent impermeable tarpaulins to prevent deposition on the soil and on vegetation. The owner or contractor shall overlap the tarpaulins at least 1-1/2 feet and weight them to prevent separation except on woody vegetation. The tarpaulins must cover the surface of all bare soil and vegetated areas inside the curtains required by subpart 3 and shall extend a minimum of 30 feet in all directions beyond the vertical extension of the curtains. Hard paved surfaces such as asphalt and concrete roadway, sidewalk, and slope paving may be left uncovered if they have an unbroken surface and if the owner or contractor thoroughly cleans these surfaces as described in subpart 5.
**Subp. 3. Curtains or barriers.**
The owner or contractor shall use curtains rated by the manufacturer at not less than 100 percent impermeable to contain lead paint particles generated from both trusses and girders. The curtains must overlap at least three feet unless the edges are completely joined.
A. Girders and undertrusses. When lead paint is removed from girders and undertrusses, the owner or contractor shall suspend curtains from the bridge deck so that the work area is contained on four sides. The owner or contractor shall seal the spaces between the beams above the transverse curtain. The curtains must extend to the ground cover and they must be anchored.
B. Overtrusses. When lead paint is removed from overtrusses, whether the roadway is closed to traffic or not closed to traffic, the owner or contractor shall:
**Subp. 4. Windspeed limitation.**
The owner or contractor shall not conduct paint removal whenever windspeeds render the curtains and ground cover ineffective in containing particulate matter from both trusses and girders. If visible emissions of particulate matter occur in the air, or visible deposits occur on the ground, at a distance from the bridge greater than the distance of the ground cover, then the owner or contractor shall:
A. add additional ground cover, in the manner required in subpart 2, to a distance greater than the distance of visible particle transport or deposition; or
B. if paint is removed from overtrusses, enclose the top of the area of paint removal; or
C. if dry abrasive blasting is being used, use another method of paint removal from part 7025.0290.
**Subp. 5. Cleanup of waste material.**
The owner or contractor shall clean up all visible deposits of waste material containing paint or paint particles at the end of each workday from all areas on the ground and the ground covers outside the curtains and remove this material from the site or store it in containers or on top of ground cover and covered with impermeable tarpaulins. The owner or contractor shall recover this material by manual means or by vacuum, but may not use an air pressure or water stream which redistributes the waste material. Methods of handling and movement of waste material shall prevent fugitive dust and other loss of any material until final disposition of the material.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0280** Class Ii Bridge {#sec-7025.0280 omnilex-key=us-mn-regs-official--agency-167--7025.0280}
**Subpart 1. Application.**
An owner or contractor who removes lead paint from a class II bridge or bridge portion by dry abrasive blasting shall use the methods required in part 7025.0270, subparts 2 to 5, and in this part as minimum pollution control, or the owner or contractor shall use a method of removal from part 7025.0290. If the bridge traverses a narrow water body as stated in subpart 3, the owner or contractor shall comply with the standards specified under either subpart 2 or 3.
The owner or contractor shall use a boom on the downstream or the downwind side of the bridge with skimming or vacuuming of the water surface to remove paint particles before they sink, except on those parts of the water surface where frequent boat navigation or water turbulence prevents effective recovery.
**Subp. 2. Protection of any body of water.**
To prevent lead paint particles from entering any water body, the owner or contractor shall:
A. suspend impermeable tarpaulins horizontally beneath the bridge deck or suspend nets lined with impermeable tarpaulins horizontally beneath the bridge deck to contain waste materials;
B. suspend scaffolding that supports a platform beneath the bridge deck lined with impervious materials to contain waste deposits;
C. secure a barge or a raft covered with impervious materials beneath the bridge and use impervious materials to direct waste material to the raft or to within the barge; or
D. collect and remove waste material from a frozen water surface with ground cover as required in part 7025.0270, except that the ground cover must extend in a downwind direction on the ice to a distance greater than the highest point of paint removal. The curtains used to contain the girders and trusses in part 7025.0270 shall extend from outside the painted surfaces to inside the tarpaulins, or to the platform or the raft, or inside impervious material that extends to inside the barge, or to the ice.
**Subp. 3. Protection of narrow bodies of water.**
The methods in this subpart may be applied as an alternative to subpart 2 by the owner or contractor who shall:
A. suspend an impermeable tarpaulin across the underside of the bridge deck at a point more than halfway across the water body with the bottom edge anchored at the farther bank so that it overlaps the ground covers, seal the spaces between the beams above the tarpaulin, and then repeat the procedure in the opposite direction; or
B. cover a platform above the water surface with impermeable tarpaulins that overlap the ground covers. The curtains used to contain the girders and trusses in part 7025.0270 shall extend from outside the painted surfaces to inside the tarpaulin or inside impervious material that extends to the platform.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0290** Class Iii Bridge {#sec-7025.0290 omnilex-key=us-mn-regs-official--agency-167--7025.0290}
**Subpart 1. Application.**
An owner or contractor who removes lead paint from a class III bridge or bridge portion shall use the methods required in part 7025.0270, subparts 2 to 5, as minimum pollution control, except as provided in subparts 2, 3, and 5 of this part, and a method of paint removal from this part.
**Subp. 2. Wet abrasive blasting.**
The owner or contractor who uses wet abrasive blasting shall use curtains rated by the manufacturer at not less than 85 percent impermeable and if dry abrasive blasting is used for surface preparation. The owner or contractor shall use an amount of water such that dispersal of particulate matter is suppressed without loss of waste material from the ground cover or impervious materials by runoff.
**Subp. 3. Power tools and hand tools.**
The owner or contractor who uses power tools or hand tools shall use ground cover and curtains unless the power tools are equipped with HEPA filter vacuums and all parts of the vacuum equipment are in a condition that prevents emissions of particulate matter, then the use of curtains is not required.
**Subp. 4. Dry abrasive blasting in total enclosure with negative air pressure.**
The owner or contractor who conducts dry abrasive blasting inside a totally enclosed work space shall:
A. maintain the enclosure at less-than-atmospheric air pressure during abrasive blasting by use of a dust collector with filtration of exhaust air to eliminate dust emissions; and
B. use either a recyclable or nonrecyclable abrasive, but a recyclable abrasive must be cleaned to remove nonabrasive material before it is reused.
**Subp. 5. Vacuum blasting.**
The owner or contractor who uses vacuum blasting shall use ground cover and curtains unless the owner or contractor:
A. removes all paint by holding the workhead of the vacuum blasting unit at all times against the substrate; and
B. maintains all parts of the vacuum blasting equipment in a condition that prevents emissions of particulate matter, then the use of curtains is not required. If the owner or contractor cannot maintain complete contact between the workhead and the coated surface at all times, then curtains shall be used with ground cover.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0300** Class Iv Bridge {#sec-7025.0300 omnilex-key=us-mn-regs-official--agency-167--7025.0300}
The owner or contractor who removes lead paint from a class IV bridge or bridge portion shall use the methods required in parts 7025.0270, subparts 2 to 5, and 7025.0280, subparts 1 and 2 or 3, as minimum pollution control, and a method of paint removal required in part 7025.0290.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0310** Classification of Storage Structures {#sec-7025.0310 omnilex-key=us-mn-regs-official--agency-167--7025.0310}
**Subpart 1. Application.**
The classifications in this part shall be used to determine the requirements in parts 7025.0320 to 7025.0350 that apply to a storage structure from which lead paint will be removed. The owner or contractor shall determine the class of each storage structure or structures from which more than 200 square feet of lead paint will be removed at one location during one calendar year.
**Subp. 2. Class of pollution control.**
The class of pollution control necessary for lead paint removal from the storage structure is provided by the table in subpart 3. The class of pollution control is determined by the designated use of receptor properties, the distance to receptor properties, and a factor of potential risk for paint removal from the structure, where:
A. "Receptor properties" are properties designated by use and ranked by sensitivity to lead contamination in groups "A," "B," and "C." These groups include residential, child care, playground, and school property (A); protected natural area, public use area, and commercial property (B); and industrial and agricultural property (C). Receptor properties for structures on group A and B properties include the property on which the structure is located and also neighboring properties. Receptor properties for structures on group C property include only neighboring properties.
B. "Distance (ft)" is the measure of distance in feet from the base of the steel structure to the receptor property line. The values in the table in subpart 3 are the standards of distance for the designated properties. If the structure is located on a property listed in item A, that property is considered a receptor property and the distance for that property is zero feet, except for group C properties.
C. "Risk factor (RF)" is the calculation of potential risk for the steel structure and the values in the table in subpart 3 are the standards of risk factor for the designated properties. Risk factor (RF) is the product of three variables:
D. "Class" is the class of pollution control required for the steel structure as determined by the standards of risk factor and distance and by the property use designation. Each structure will have one distance to each of the nearest receptor properties and one risk factor and one class of pollution control. The class of pollution control for the structure is the highest class determined by the risk factor and the distance to receptor property, with class III being the highest class.
**Subp. 3. Table of required class of pollution control.**
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202; 23 SR 2224*
##### **Minn. R. 7025.0320** Pollution Control Required {#sec-7025.0320 omnilex-key=us-mn-regs-official--agency-167--7025.0320}
An owner or contractor who removes lead paint from the exterior surface of a steel water tank, fuel tank, grain storage bin, or other steel storage structure shall use the paint removal and containment methods required in parts 7025.0320 to 7025.0350, except that paint removal conducted only for the purpose of coatings analysis is exempt. If lead paint is removed from a total surface area less than 200 square feet on one or more structures at one location in one calendar year, the owner or contractor may apply any method of class I, II, or III in parts 7025.0330 to 7025.0350.
The owner or contractor who uses dry abrasive blasting for surface preparation after removing all lead paint with any other method shall use the containment methods required in part 7025.0330, subparts 2 and 4, except that the use of curtains is not required if:
A. a low-dust nonsilica abrasive is used;
B. the structure is in proximity only to receptor properties B and C in the table in part 7025.0310, subpart 3, and or the structure is in proximity only to receptor properties C; and
C. particulate matter does not cross the owner's property line.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0330** Class I Storage Structure {#sec-7025.0330 omnilex-key=us-mn-regs-official--agency-167--7025.0330}
**Subpart 1. Application.**
An owner or contractor who removes lead paint from a storage structure that requires class I pollution control shall use the methods in this part as minimum pollution control for dry abrasive blasting, or the owner or contractor shall use a method of removal and containment in part 7025.0340 or 7025.0350.
**Subp. 2. Curtains.**
The owner or contractor shall suspend a curtain throughout paint removal on the upwind side and the downwind side of the structure, except as provided in item B, in a manner that effectively prevents the dispersal of paint particles. The curtains shall be rated by the manufacturer at not less than 100 percent impermeable.
A. If the structure is a water tower, standpipe, or a grain storage bin, the length of each curtain must be greater than two-thirds the height of the structure and the width of each curtain must be greater than the largest diameter of the structure. The curtains shall be moved so that the point of paint removal shall always be at least ten feet inside a vertical edge of a curtain and ten feet below the upper edge of a curtain, except where paint removal is conducted beneath curtains attached along their upper edge to the wall of the structure.
B. If the structure is a ground storage tank, the length of each curtain must be greater than the height of the tank and the width of each curtain must be greater than the diameter or the length of the tank. The owner or contractor may suspend a curtain only on the downwind side of the tank, but the width of this curtain must be greater than the length of the tank or than half the circumference of the tank.
**Subp. 3. Removal above curtains.**
The owner or contractor shall remove all paint from any surface above the curtains with wet abrasive blasting, power tools or hand tools, vacuum blasting, or chemical stripping, except that dry abrasive blasting may be used if the surface is enclosed. If dry abrasive blasting is used for surface preparation following paint removal, the use of enclosure is not required with the conditions in part 7025.0320, items A to C.
**Subp. 4. Ground cover.**
The owner or contractor shall completely cover the ground beneath the base of the structure and on the downwind side of the structure with 100 percent impermeable tarpaulins to prevent deposition on soil and vegetation. The owner or contractor shall overlap the tarpaulins at least 1-1/2 feet and weight them to prevent separation.
A. Ground cover for a water tower shall extend from the center column a minimum distance equal to two-thirds the height of the tower.
B. Ground cover for a standpipe or grain storage bin shall extend from the base a minimum distance equal to one-half the height of the structure.
C. Ground cover for a ground storage tank shall extend from the base a minimum distance equal to 20 feet, or to the height of the tank, whichever is greater. The owner or contractor shall increase the width of the ground cover with distance from the base of the structure so that it is equal to an area within an angle of 120 degrees from the center of the structure, except that the width of the ground cover shall always be greater than the width of the downwind curtain.
**Subp. 5. Windspeed limitation.**
The owner or contractor shall not conduct paint removal whenever windspeeds render the curtains and ground cover ineffective in containing particulate matter. If visible emissions of particulate matter occur in the air, or visible deposits occur on the ground, at a distance from the structure greater than the distance of the ground cover, then the owner or contractor shall:
A. add additional ground cover, in the manner required in subpart 4, to a distance greater than the distance of visible particle transport or deposition;
B. use additional curtains to prevent the dispersal of visible particles to a distance beyond the ground cover; or
C. use a method of removal from part 7025.0340 or 7025.0350, instead of dry abrasive blasting to remove the lead paint.
**Subp. 6. Cleanup of waste material.**
The owner or contractor shall clean up all visible deposits of waste material containing paint or paint particles at the end of each workday and remove this material from the site or store it in containers or on top of ground cover and covered with impermeable tarpaulins. The owner or contractor shall recover this material by manual means or by vacuum, but may not use an air pressure or water stream which redistributes the waste material. Methods of handling and movement of waste material shall prevent fugitive dust and other loss of any material until final disposition of the material.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0340** Class Ii Storage Structure {#sec-7025.0340 omnilex-key=us-mn-regs-official--agency-167--7025.0340}
**Subpart 1. Application.**
An owner or contractor who removes lead paint from a storage structure that requires class II pollution control shall use a method of removal and containment in this part or in part 7025.0350 as minimum pollution control.
**Subp. 2. Wet abrasive blasting.**
If wet abrasive blasting is used to remove lead paint, the owner or contractor shall use the methods required in part 7025.0330, subparts 2 to 6, except curtains used must be rated by the manufacturer at not less than 85 percent impermeable. The owner or contractor shall use an amount of water such that dispersal of particulate matter is suppressed without loss of waste material from the ground cover by runoff.
**Subp. 3. Power tools and hand tools.**
If power tools or hand tools are used to remove lead paint, the owner or contractor shall:
A. use the methods required in part 7025.0330, subparts 2 to 6, except that if power tools or hand tools are used on ground storage tanks only, then the use of curtains is not required; and
B. remove all lead paint with power tools or hand tools.
**Subp. 4. Dry abrasive blasting within total enclosure.**
If dry abrasive blasting within a total enclosure is used to remove lead paint, the owner or contractor shall use the methods required in part 7025.0330, subparts 2 to 6, except that the owner or contractor shall totally enclose the structure with impermeable materials during lead paint removal from all parts of the steel structure, including the top surfaces.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202; 23 SR 2224*
##### **Minn. R. 7025.0350** Class Iii Storage Structure {#sec-7025.0350 omnilex-key=us-mn-regs-official--agency-167--7025.0350}
**Subpart 1. Application.**
An owner or contractor who removes lead paint from a storage structure that requires class III pollution control shall use a method of removal and containment in this part as minimum pollution control.
**Subp. 2. Vacuum blasting.**
If vacuum blasting is used to remove lead paint, the owner or contractor shall use the ground cover and cleanup methods required in part 7025.0330, subparts 4 and 6. The owner or contractor may use vacuum blasting without the use of curtains if:
A. the owner or contractor holds the workhead of the vacuum blasting unit at all times against the substrate during paint removal; and
B. all parts of the vacuum blasting equipment are in a condition that prevents emissions of particulate matter. If the owner or contractor cannot maintain complete contact between the workhead and the coated surface at all times, then the curtains and the windspeed limitation required in part 7025.0330, subparts 2 and 5, shall be used.
**Subp. 3. Dry abrasive blasting within modular enclosure with negative air pressure.**
If dry abrasive blasting inside a modular enclosure is used to remove lead paint, the owner or contractor shall use the cleanup method required in part 7025.0330, subpart 6, and shall:
A. construct an enclosure of impermeable material to totally contain the area of paint removal and to transport waste material to the ground;
B. maintain the enclosure at less-than-atmospheric air pressure during abrasive blasting by use of a dust collector with filtration of exhaust air to eliminate dust emissions;
C. use impermeable ground cover beneath the area of paint removal to a minimum distance from the base equal to one-half the height of the structure; and
D. use either a recyclable or nonrecyclable abrasive, but a recyclable abrasive must be cleaned to remove nonabrasive material before it is reused.
**Subp. 4. Wet abrasive blasting in total enclosure.**
If wet abrasive blasting in total enclosure is used to remove lead paint, the owner or contractor shall use the ground cover, windspeed limitation, and cleanup methods required in part 7025.0330, subparts 4 to 6, and shall:
A. totally enclose the structure with material rated by the manufacturer at not less than 85 percent impermeable during paint removal from all parts of the structure, including the top surfaces and if dry abrasive blasting is used for surface preparation; and
B. use an amount of water such that dispersal of particulate matter is suppressed without loss of waste material from the ground cover by runoff.
**Subp. 5. Chemical stripping.**
If chemical stripping is used to remove lead paint, the owner or contractor shall use the ground cover, windspeed limitation, and cleanup methods required in part 7025.0330, subparts 4 to 6, and shall:
A. extend the ground cover beneath the area of paint removal and raise the outside edges to prevent runoff;
B. use wide-blade scrapers and low-volume high-pressure water spray applied within a distance of one foot to remove all coatings; and
C. remove all lead paint with chemical stripping.
**Subp. 6. Power tools with vacuum recovery.**
If power tools that are equipped with HEPA filter vacuums are used to remove lead paint, the owner or contractor shall:
A. use the methods required in part 7025.0330, subparts 2 and 4 to 6, except that if all parts of the vacuum equipment are in a condition that prevents emissions of particulate matter, then the use of curtains is not required; and
B. remove all lead paint with power tools with vacuum recovery.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0360** Pollution Control Required {#sec-7025.0360 omnilex-key=us-mn-regs-official--agency-167--7025.0360}
An owner or contractor who removes lead paint from the exterior surface of a steel structure that is not included in parts 7025.0260 to 7025.0300 and 7025.0320 to 7025.0350 shall use the methods required in part 7025.0370, except that paint removal conducted only for the purpose of coatings analysis is exempt. These structures include, but are not limited to, railcars, pipelines, boats and barges, transmission towers, transformers, light poles, exterior metal components of buildings, parking ramps, handrails, and vehicles that are used for commerce, industry, or construction. Paint removal from any other vehicle by the vehicle owner who does not act as a contractor, and who is not a licensed vehicle dealer, is exempt.
The owner or contractor may apply a method of paint removal and containment of any class of bridge in parts 7025.0260 to 7025.0300, or any class of storage structure in parts 7025.0320 to 7025.0350 if:
A. lead paint is removed from a total surface area less than 200 square feet on one or more structures at one location in one calendar year; or
B. the risk factor (RF) calculation for the steel structure or structures is less than 1.0 and the structure is not within 300 feet of group A properties or 200 feet of group B properties in part 7025.0310, subparts 2 and 3.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0370** Lead Paint Removal Requirements {#sec-7025.0370 omnilex-key=us-mn-regs-official--agency-167--7025.0370}
If lead paint is removed from a steel structure that is neither a bridge nor a storage structure, the owner or contractor shall:
A. apply a method of removal and containment according to parts 7025.0310 to 7025.0350, as if the structure were a storage structure;
B. if the steel structure is mobile, portable, or disassembled, conduct paint removal inside a building or an enclosed structure; or
C. if the steel structure traverses a water body or is in or above a water body, apply a method of removal and containment according to parts 7025.0250, 7025.0260, and either 7025.0280 or 7025.0300, as if the structure were a bridge or bridge portion.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
##### **Minn. R. 7025.0380** Restrictions {#sec-7025.0380 omnilex-key=us-mn-regs-official--agency-167--7025.0380}
**Subpart 1. Testing and disposal of waste materials.**
The owner or contractor shall evaluate and dispose of waste materials that contain lead paint or lead paint particles generated by the removal of lead paint from steel structures as required by either chapter 7035, solid waste rules, or 7045, hazardous waste rules, whichever applies.
**Subp. 2. Use of lead paint.**
An owner or contractor shall not apply paint that contains more than one-half of one percent (0.5 percent) total lead by weight in the dried film to the exterior surface of any new steel structure or of any steel structure that is repainted, except by written permission of the commissioner.
**Subp. 3. Water blasting.**
An owner or contractor shall not use high pressure water with or without abrasives to remove lead paint from a steel structure unless the water and paint particles are contained and recovered.
**Subp. 4. Identification of contractor.**
The contractor shall post its name and telephone number in letters and numbers at least four inches high on a vehicle or on a sign at the property from the beginning of lead paint removal until completion of the contractor's work on the structure or structures.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 144.9508*
- *History: 21 SR 202*
## **Chapter 7026** PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES; REPORTING
##### **Minn. R. 7026.0010** Definitions {#sec-7026.0010 omnilex-key=us-mn-regs-official--agency-167--7026.0010}
**Subpart 1. Applicability.**
Terms used in this chapter have the meanings given in this part and, unless otherwise provided in this part, Minnesota Statutes, section 116.943.
**Subp. 2. Authorized representative.**
"Authorized representative" means a person designated by a manufacturer to report on behalf of the manufacturer.
**Subp. 3. Brand name.**
"Brand name" means a name, symbol, word, or mark that identifies a product and attributes the product to the owner of the brand.
**Subp. 4. Brief description of the product.**
"Brief description of the product" means a character-limited description and numeric code assigned to a product or grouping of similar products with similar components that includes, whenever applicable, brand name, product model, and other characteristics that distinguish the product or grouping of products from similar products made or sold by other manufacturers.
**Subp. 5. Chemical identifying number.**
"Chemical identifying number" means a Chemical Abstracts Service Registry number (CASRN), European Community (EC) number, United States Environmental Protection Agency Toxic Substances Control Act accession number, or another unique alphanumeric or numeric identifier used in commerce, in research, and by governments to cross-reference all information available on a particular chemical. A particular chemical may have more than one chemical identifying number.
**Subp. 6. Chemical name.**
"Chemical name" means a systematic nomenclature that follows the internationally recognized conventions established by the International Union of Pure and Applied Chemistry (IUPAC).
**Subp. 7. Component.**
"Component" means a distinct and identifiable element or constituent of a product. Component includes packaging only when the packaging is inseparable or integral to the final product's containment, dispensing, or preservation.
**Subp. 8. Consumer.**
"Consumer" means a person who acquires a product from a manufacturer for personal, residential, commercial, or industrial purposes.
**Subp. 9. Distribute for sale.**
"Distribute for sale" means to ship or otherwise transport a product with the intent or understanding that the product will be sold or offered for sale by a receiving party after the product is delivered.
**Subp. 10. Fully fluorinated carbon atom.**
"Fully fluorinated carbon atom" means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.
**Subp. 11. Function.**
"Function" means the explicit purpose or role served by PFAS when intentionally incorporated at any stage in the process of preparing a product or its constituent components for sale, offer for sale, or distribution for sale.
**Subp. 12. Homogenous material.**
"Homogenous material" means one material of uniform composition throughout or a material, consisting of a combination of materials, that cannot be disjointed or separated into different materials by mechanical actions.
**Subp. 13. Identifiable element.**
"Identifiable element" means an element that can be recognized, distinguished, or discerned, even when not visually evident, as in the case of a mixture or formulation.
**Subp. 14. Numeric product code.**
"Numeric product code" means a numeric code that a manufacturer assigns to a product being reported and that is recognizable to purchasers on labels, listings, invoices, or receipts, including a universal product code (UPC), stock keeping unit (SKU), harmonized tariff schedule (HTS) code, or other numeric code assigned to the product.
**Subp. 15. Packaging.**
"Packaging" has the meaning given under Minnesota Statutes, section 115A.03.
**Subp. 16. Publicly available.**
"Publicly available" means lawfully available to the public from federal, state, or local government records or disclosures made to the public that are required by federal, state, or local law.
**Subp. 17. Significant change.**
"Significant change" means a change in the composition of a product that results in the addition of a specific PFAS not previously reported in a product or component or a measurable change in the amount of a specific PFAS from the initial amount reported that would move the product into a different concentration range listed under part 7026.0030, subpart 1, item C.
**Subp. 18. Substantially equivalent information.**
"Substantially equivalent information" means information that conveys the same information required under part 7026.0030 and Minnesota Statutes, section 116.943, subdivision 2. Substantially equivalent information includes an existing notification by a person who manufactures a product or component when the same product or component is offered for sale under multiple brands.
**Subp. 19. Used product.**
"Used product" means a product that has been installed, operated, or utilized for its intended purpose by at least one owner or operator or that is otherwise not pristine. Used product does not include a product that has been returned to a retailer or that is otherwise offered for resale if the product was not installed, operated, or utilized before resale.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
##### **Minn. R. 7026.0020** Parties Responsible for Reporting {#sec-7026.0020 omnilex-key=us-mn-regs-official--agency-167--7026.0020}
**Subpart 1. Scope.**
A manufacturer or group of manufacturers of a product sold, offered for sale, or distributed in the state must submit a report that includes information about each product or component that contains intentionally added PFAS.
**Subp. 2. Reporting on behalf of other manufacturers.**
All manufacturers must assume responsibility to report unless manufacturers in the same supply chain enter into an agreement to establish their respective reporting responsibilities. A manufacturer may submit the information required for reporting on behalf of another manufacturer in accordance with part 7026.0030 if the following requirements are met:
A. the reporting manufacturer must notify any other manufacturer that is a party to the agreement that the reporting manufacturer has fulfilled the reporting requirements;
B. all manufacturers must maintain documentation of a reporting responsibility agreement in accordance with part 7026.0080, subpart 3, and must provide the documentation to the commissioner upon request;
C. all manufacturers must verify, in a format specified by the commissioner, that the data submitted on their behalf is accurate and complete in accordance with parts 7026.0030 and 7026.0040; and
D. for the verification required under item C to be considered complete, all manufacturers must submit the fee required under part 7026.0100, subpart 2 or 3, as applicable.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
##### **Minn. R. 7026.0030** Report; Required Information {#sec-7026.0030 omnilex-key=us-mn-regs-official--agency-167--7026.0030}
**Subpart 1. Report required.**
A manufacturer or group of manufacturers of a product that is sold, offered for sale, or distributed in the state and that contains intentionally added PFAS must submit a report to the commissioner on or before January 1, 2026. A manufacturer or group of manufacturers of a new product with intentionally added PFAS after January 1, 2026, must submit a report by February 1 the following year. The report must include the following information in a format specified by the commissioner:
A. a product description that includes:
B. PFAS chemicals used in the product or its components as identified by:
C. the concentration of PFAS chemicals in a product or components of a product made up of homogenous material. A manufacturer must report the concentration of PFAS chemicals as identified in subitem (1) or (2):
D. the function that each PFAS chemical provides to the product or its components;
E. manufacturer information, including:
F. information for the authorized representative of the manufacturer who has the authority to execute or direct others to execute reporting to the state, including the representative's:
G. an alternative to the authorized representative under item F, including:
**Subp. 2. Fee required.**
For submission of the report required under subpart 1 to be considered complete, a manufacturer or group of manufacturers must submit the fee required under part 7026.0100, subpart 2.
**Subp. 3. Failure to submit.**
A manufacturer that fails to submit the initial report under this part or the applicable fee under part 7026.0100 is subject to penalties under Minnesota Statutes, section 116.072.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
##### **Minn. R. 7026.0040** Reporting Updates {#sec-7026.0040 omnilex-key=us-mn-regs-official--agency-167--7026.0040}
**Subpart 1. Updates required.**
A. By February 1 each year, a manufacturer or group of manufacturers must submit an update to the report submitted under part 7026.0030 if during the previous calendar year:
B. The update must include the information required under part 7026.0030.
**Subp. 2. Failure to submit.**
A manufacturer or group of manufacturers that fails to submit an annual update under this part is subject to penalties under Minnesota Statutes, section 116.072.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
##### **Minn. R. 7026.0050** Waivers {#sec-7026.0050 omnilex-key=us-mn-regs-official--agency-167--7026.0050}
**Subpart 1. Waiver eligibility.**
Upon request of a manufacturer or group of manufacturers, the commissioner must waive all or part of the information required under part 7026.0030 if the commissioner determines that substantially equivalent information is publicly available.
**Subp. 2. Waiver request.**
A manufacturer or group of manufacturers requesting a waiver must submit the request annually in a format specified by the commissioner. The request must contain:
A. the information required under part 7026.0030, subpart 1, items E to G;
B. a description of the products or components for which a waiver is requested;
C. a list of the requirements under part 7026.0030 for which the manufacturer seeks a waiver;
D. a description of the publicly available records that contain substantially equivalent information to the information required under part 7026.0030;
E. a statement that the publicly available information identified in item D is accurate and that the data is verified by the manufacturer or group of manufacturers. Verification may include certification from a third-party contractor with expertise in the relevant field to ensure accuracy and compliance; and
F. a link to or copy of all publicly available and substantially equivalent information described by the manufacturer.
**Subp. 3. Reporting to Department of Agriculture.**
A manufacturer or group of manufacturers that reports information to the Department of Agriculture under Minnesota Statutes, section 116.943, subdivision 3, paragraph (b), satisfies the requirements of Minnesota Statutes, section 116.943, subdivision 2.
**Subp. 4. Requirements not waived.**
A manufacturer or group of manufacturers must still submit a report for any requirements under part 7026.0030 that are not waived.
**Subp. 5. Waiver request deadline.**
A. A manufacturer or group of manufacturers must submit the waiver request to the commissioner at least 30 days before the applicable reporting due date.
B. If the commissioner denies a waiver request, the manufacturer or group of manufacturers must submit their report according to part 7026.0030 or 7026.0040 within 30 days of the notice of denial or by the established reporting due date, whichever is later.
**Subp. 6. Fee required.**
For submission of the waiver request under subpart 2 to be considered complete, a manufacturer or group of manufacturers must submit the fee required under part 7026.0100, subpart 4.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
##### **Minn. R. 7026.0060** Extensions {#sec-7026.0060 omnilex-key=us-mn-regs-official--agency-167--7026.0060}
**Subpart 1. Authority.**
The commissioner must extend the deadline for submitting information under part 7026.0030 if the commissioner determines that more time is justified by the manufacturer or group of manufacturers to comply with the reporting requirements.
**Subp. 2. Extension request.**
A manufacturer or group of manufacturers may request an extension to the deadline for submitting information under part 7026.0030. The request must contain:
A. the information required under part 7026.0030, subpart 1, items E to G;
B. the reason for the extension request, including a detailed explanation of the circumstances that prevent timely submission;
C. supporting documentation, including any relevant documents that substantiate the need for an extension, such as communication records with other manufacturers, evidence of technical challenges, or third-party testing delays; and
D. a plan for completion, including an outline of how the manufacturer will submit the remaining work by the new deadline.
**Subp. 3. Extension request deadline; approval or denial.**
A. A manufacturer or group of manufacturers must submit the request for an extension to the commissioner at least 30 days before the reporting due date established in part 7026.0030. The request must include documentation demonstrating that the extension is justified, based on the materials submitted under subpart 2, to allow the manufacturer or group of manufacturers to comply with the reporting requirements.
B. If the commissioner determines that the requestor has demonstrated that an extension is justified, based on the materials submitted under subpart 2, the commissioner must grant one 90-day extension of the established reporting due date.
C. If an extension request is denied by the commissioner, the manufacturer or group of manufacturers must submit a report according to part 7026.0030 within 30 days after the notice of denial or by the established reporting due date, whichever is later.
**Subp. 4. Fee required.**
For submission of the extension request under subpart 2 to be considered complete, a manufacturer or group of manufacturers must submit the fee required under part 7026.0100, subpart 5.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
##### **Minn. R. 7026.0070** Trade Secret Data Request {#sec-7026.0070 omnilex-key=us-mn-regs-official--agency-167--7026.0070}
**Subpart 1. Procedure for trade secret data request.**
A manufacturer or group of manufacturers may request that the commissioner maintain trade secret data as not public information according to part 7000.1300. Trade secret data that is eligible to be considered not public information includes:
A. chemical name;
B. chemical identifying number; and
C. specific supply chain information identified in part 7026.0080, subpart 2.
**Subp. 2. Public data; alternative data requirement.**
A. If the required data under subpart 1 is trade secret information as defined in Minnesota Statutes, section 13.37, then in addition to the information required under part 7026.0030, subpart 1, item B, the manufacturer or group of manufacturers must submit a chemical subclass to designate as public data.
B. If the required data is not trade secret information as defined in Minnesota Statutes, section 13.37, the data must be designated as public data.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
##### **Minn. R. 7026.0080** Due Diligence {#sec-7026.0080 omnilex-key=us-mn-regs-official--agency-167--7026.0080}
**Subpart 1. Reporting due diligence.**
A manufacturer must assume responsibility for reporting products containing intentionally added PFAS unless notification from another manufacturer is received according to part 7026.0020, subpart 2, confirming that the reporting requirements under part 7026.0030 have been fulfilled.
**Subp. 2. Supply chain requests.**
A manufacturer or group of manufacturers must request detailed disclosure of information required in part 7026.0030 from their supply chain until all required information is known.
**Subp. 3. Documentation and recordkeeping.**
A. A manufacturer or group of manufacturers must maintain documentation of all communication with other manufacturers, including emails, letters, and responses regarding PFAS reporting compliance and reporting responsibility agreements as provided in part 7026.0020, subpart 2.
B. A manufacturer or group of manufacturers must provide the documentation under item A to the commissioner upon request.
C. A manufacturer or group of manufacturers must maintain records according to this subpart for at least five years after products containing intentionally added PFAS are removed from the supply chain.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
##### **Minn. R. 7026.0090** Reporting Exemptions {#sec-7026.0090 omnilex-key=us-mn-regs-official--agency-167--7026.0090}
The following are exempt from the reporting requirements under parts 7026.0020 to 7026.0080:
A. a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
B. a product regulated under Minnesota Statutes, section 325F.072 or 325F.075;
C. the sale or resale of a used product; and
D. information regarding PFAS-containing products or components that is provided to any federal government agency and that is classified information as defined in United States Code, title 18, section 798.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
##### **Minn. R. 7026.0100** Fees {#sec-7026.0100 omnilex-key=us-mn-regs-official--agency-167--7026.0100}
**Subpart 1. Fees required.**
A manufacturer of products or components that is required to submit a report under part 7026.0030 or that submits a request under part 7026.0050 or 7026.0060 must pay a fee for the submittal to be considered complete.
**Subp. 2. Initial report.**
A manufacturer must pay an $800 flat fee to submit the initial report under part 7026.0030, subpart 1. If a group of manufacturers is reporting or a manufacturer is reporting on behalf of multiple manufacturers as allowed under part 7026.0020, subpart 2, each individual manufacturer must pay the $800 fee.
**Subp. 3. Waiver request.**
A. A manufacturer or group of manufacturers that submits a reporting waiver request under part 7026.0050 must still pay the fee required under subpart 2.
B. If the commissioner denies a waiver request, the manufacturer or group of manufacturers must submit a report according to part 7026.0030 but is not subject to duplicative fees under subpart 2.
C. If a manufacturer or group of manufacturers reports information to the Department of Agriculture under Minnesota Statutes, section 116.943, subdivision 3, paragraph (b), they are not required to pay a fee under this subpart.
**Subp. 4. Extension request.**
A manufacturer that submits an extension request under part 7026.0060 must pay a $300 fee as part of the extension request application. If a group of manufacturers requests an extension as allowed under part 7026.0060, subpart 4, each individual manufacturer must pay the $300 fee.
**Subp. 5. Inflation.**
Beginning July 1, 2027, and each odd-numbered year thereafter, the unadjusted fee in subparts 2 to 4 must be adjusted for inflation using the aggregated annual consumer price index and becomes the new unadjusted fee rounded to the nearest dollar.
**History**
- *Statutory Authority: MS s 116.943*
- *History: 50 SR 537*
## **Chapter 7027** STRATOSPHERIC OZONE PROTECTION
##### **Minn. R. 7027.0500** Definitions {#sec-7027.0500 omnilex-key=us-mn-regs-official--agency-167--7027.0500}
**Subpart 1. Scope.**
For purposes of parts 7027.0500 to 7027.1150, the terms defined in this part have the meanings given them.
**Subp. 2. Appliance.**
"Appliance" means any device which contains and uses a class I or class II substance as a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.
**Subp. 3. Class I.**
"Class I" means the controlled substances listed in appendix A of Code of Federal Regulations, title 40, part 82, subpart A, as amended.
**Subp. 4. Class II.**
"Class II" means the controlled substances listed in appendix B of Code of Federal Regulations, title 40, part 82, subpart A, as amended.
**Subp. 5. Motor vehicle air conditioner or MVAC.**
"Motor vehicle air conditioner" or "MVAC" means mechanical vapor compression refrigeration equipment used to cool the driver's or passenger's compartment of a motor vehicle. This definition is not intended to encompass the hermetically sealed refrigeration systems used on motor vehicles for refrigerated cargo and the air conditioning systems on passenger buses using HCFC-22 refrigerant.
**Subp. 6. MVAC-like appliance.**
"MVAC-like appliance" means mechanical vapor compression, open-drive compressor appliances used to cool the driver's or passenger's compartment of a nonroad motor vehicle. This includes the air conditioning equipment found on agricultural or construction vehicles. This definition is not intended to cover appliances using HCFC-22 refrigerant.
**Subp. 7. Technician.**
"Technician" means any person recycling or disposing of appliances or maintaining, servicing, or repairing motor vehicle air conditioners or MVAC-like appliances.
**History**
- *Statutory Authority: MS s 116.07; 116.731; 116.735*
- *History: 19 SR 2223*
##### **Minn. R. 7027.1000** Adoption of Federal Regulations {#sec-7027.1000 omnilex-key=us-mn-regs-official--agency-167--7027.1000}
**Subpart 1. Servicing of motor vehicle air conditioners.**
Code of Federal Regulations, title 40, part 82, subpart B, as amended, entitled "Servicing of Motor Vehicle Air Conditioners," and the corresponding appendixes, as amended, are adopted and incorporated by reference, except:
A. Code of Federal Regulations, title 40, section 82.30(a), is not included; and
B. references to the administrator under Code of Federal Regulations, title 40, part 82, subpart B, do not include the commissioner, with the exception of Code of Federal Regulations, title 40, sections 82.40(f), first occurrence of administrator only, and 82.42(b)(5).
**Subp. 2. Servicing and recycling appliances and emissions reduction.**
Code of Federal Regulations, title 40, part 82, subpart F, as amended, entitled "Recycling and Emissions Reduction," and the corresponding appendixes, as amended, are adopted and incorporated by reference, except:
A. Code of Federal Regulations, title 40, sections 82.150(a), 82.152(x), 82.154(l), 82.161, and 82.166(1), are not included; and
B. references to the administrator under Code of Federal Regulations, title 40, part 82, subpart F, do not include the commissioner.
**History**
- *Statutory Authority: MS s 116.07; 116.731; 116.735*
- *History: 19 SR 2223*
##### **Minn. R. 7027.1050** Standard of Competence {#sec-7027.1050 omnilex-key=us-mn-regs-official--agency-167--7027.1050}
Persons described in Minnesota Statutes, section 116.731, subdivisions 1 to 4, must be able to demonstrate, upon request of an authorized representative of the commissioner, the ability to perform proper procedures for refrigerant recovery, as described in Code of Federal Regulations, title 40, part 82, subparts B and F, as amended.
**History**
- *Statutory Authority: MS s 116.07; 116.731; 116.735*
- *History: 19 SR 2223*
##### **Minn. R. 7027.1100** Technician Certification {#sec-7027.1100 omnilex-key=us-mn-regs-official--agency-167--7027.1100}
**Subpart 1. Technician certification for appliance recyclers.**
A. A person that services or recycles appliances and obtains a certification from a program approved by the commissioner satisfies the certification requirement of Minnesota Statutes, section 116.735. The technician certification programs approved by the United States Environmental Protection Agency under Code of Federal Regulations, title 40, part 82, subpart F, as amended, are programs approved by the commissioner.
B. Technicians must be certified as follows:
**Subp. 2. Technician certification for MVAC-like appliance servicers.**
Persons who maintain, service, or repair MVAC-like appliances must either be properly certified as Type II technicians as described in Code of Federal Regulations, title 40, part 82, subpart F, as amended, or obtain certification through a program approved under Code of Federal Regulations, title 40, part 82, subpart B, as amended.
**Subp. 3. Recertification.**
The commissioner may require recertification of a technician who fails to meet the standard of competence of part 7027.1050.
**History**
- *Statutory Authority: MS s 116.07; 116.731; 116.735*
- *History: 19 SR 2223*
##### **Minn. R. 7027.1150** Standards for Appliance Recyclers {#sec-7027.1150 omnilex-key=us-mn-regs-official--agency-167--7027.1150}
**Subpart 1. Technician certification records.**
A person engaged in the business of recycling appliances as described in Minnesota Statutes, section 115A.9561, subdivision 2, shall:
A. possess the appropriate technician certification from a program approved by the commissioner; and
B. retain proof of technician certification at the place of business and at the work site, if different, to enable the commissioner to verify the identity and certification of each person.
**Subp. 2.**
[Repealed, 30 SR 1130]
**Subp. 3. Record keeping.**
A person engaged in the business of recycling appliances as described in Minnesota Statutes, section 115A.9561, subdivision 2, shall:
A. ensure that a copy of the certification required pursuant to subpart 1, item A, is retained on file and made available at the place of business and at the work site, if different, during a technician's employment with the business;
B. retain a copy of the certification required pursuant to subpart 1, item A, on file for a minimum of three years after the technician leaves employment of the business; and
C. ensure that a copy of the certification required pursuant to subpart 2 is retained at the place of business and at the work site, if different.
**History**
- *Statutory Authority: MS s 14.3895; 116.07; 116.731; 116.735*
- *History: 19 SR 2223; 30 SR 1130*
## **Chapter 7028** OPEN BURNING PERMITS AND RESTRICTIONS
##### **Minn. R. 7028.0010** [Repealed, L 1993 c 328 s 32] {#sec-7028.0010 omnilex-key=us-mn-regs-official--agency-167--7028.0010}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0020** [Repealed, L 1993 c 328 s 32] {#sec-7028.0020 omnilex-key=us-mn-regs-official--agency-167--7028.0020}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0030** [Repealed, L 1993 c 328 s 32] {#sec-7028.0030 omnilex-key=us-mn-regs-official--agency-167--7028.0030}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0040** [Repealed, L 1993 c 328 s 32] {#sec-7028.0040 omnilex-key=us-mn-regs-official--agency-167--7028.0040}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0050** [Repealed, L 1993 c 328 s 32] {#sec-7028.0050 omnilex-key=us-mn-regs-official--agency-167--7028.0050}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0060** [Repealed, L 1993 c 328 s 32] {#sec-7028.0060 omnilex-key=us-mn-regs-official--agency-167--7028.0060}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0070** [Repealed, L 1993 c 328 s 32] {#sec-7028.0070 omnilex-key=us-mn-regs-official--agency-167--7028.0070}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0080** [Repealed, L 1993 c 328 s 32] {#sec-7028.0080 omnilex-key=us-mn-regs-official--agency-167--7028.0080}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0090** [Repealed, L 1993 c 328 s 32] {#sec-7028.0090 omnilex-key=us-mn-regs-official--agency-167--7028.0090}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0100** [Repealed, L 1993 c 328 s 32] {#sec-7028.0100 omnilex-key=us-mn-regs-official--agency-167--7028.0100}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0110** [Repealed, L 1993 c 328 s 32] {#sec-7028.0110 omnilex-key=us-mn-regs-official--agency-167--7028.0110}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0120** [Repealed, L 1993 c 328 s 32] {#sec-7028.0120 omnilex-key=us-mn-regs-official--agency-167--7028.0120}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0130** [Repealed, L 1993 c 328 s 32] {#sec-7028.0130 omnilex-key=us-mn-regs-official--agency-167--7028.0130}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0140** [Repealed, L 1993 c 328 s 32] {#sec-7028.0140 omnilex-key=us-mn-regs-official--agency-167--7028.0140}
[Repealed, L 1993 c 328 s 32]
##### **Minn. R. 7028.0150** [Repealed, L 1993 c 328 s 32] {#sec-7028.0150 omnilex-key=us-mn-regs-official--agency-167--7028.0150}
[Repealed, L 1993 c 328 s 32]
## **Chapter 7030** NOISE POLLUTION CONTROL
##### **Minn. R. 7030.0010** Incorporation by Reference {#sec-7030.0010 omnilex-key=us-mn-regs-official--agency-167--7030.0010}
For the purpose of chapter 7030, American National Standards Institute, Specification for Sound Level Meters, S1.4-1983 is incorporated by reference. This publication is available from the American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 and can be found at: the offices of the Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155. This document is not subject to frequent change.
The Federal Highway Administration publication, Sound Procedures for Measuring Highway Noise: Final Report, FHWA-DP-45-1R (August 1981) is incorporated by reference. This publication is available from the United States Department of Transportation, Federal Highway Administration, 1000 North Globe Road, Arlington, Virginia 22201 and can be found at: the offices of the Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155. This document is not subject to frequent change.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 11 SR 43; 18 SR 614; 41 SR 763*
##### **Minn. R. 7030.0020** Definitions {#sec-7030.0020 omnilex-key=us-mn-regs-official--agency-167--7030.0020}
**Subpart 1. Application.**
The terms used in this chapter have the meanings given them in this part.
**Subp. 2. A-weighted.**
"A-weighted" means a specific weighting of the sound pressure level for the purpose of determining the human response to sound. The specific weighting characteristics and tolerances are those given in American National Standards Institute S1.4-1983, section 5.1.
**Subp. 3. Daytime.**
"Daytime" means those hours from 7:00 a.m. to 10:00 p.m.
**Subp. 4. dB(A).**
"dB(A)" means a unit of sound level expressed in decibels (dB) and A-weighted.
**Subp. 5. Decibel.**
"Decibel" means a unit of sound pressure level, abbreviated as dB.
**Subp. 6. Impulsive noise.**
"Impulsive noise" means either a single sound pressure peak (with either a rise time less than 200 milliseconds or total duration less than 200 milliseconds) or multiple sound pressure peaks (with either rise times less than 200 milliseconds or total duration less than 200 milliseconds) spaced at least by 200 millisecond pauses.
**Subp. 7. L10.**
"L10" means the sound level, expressed in dB(A), which is exceeded ten percent of the time for a one hour survey, as measured by test procedures approved by the commissioner.
**Subp. 8. L50.**
"L50" means the sound level, expressed in dB(A), which is exceeded 50 percent of the time for a one hour survey, as measured by test procedures approved by the commissioner.
**Subp. 9. Municipality.**
"Municipality" means a county; a city; a town; a regional planning and development commission established under Minnesota Statutes, chapter 473; the metropolitan council; or other governmental subdivision of the state responsible by law for controlling or restricting land use within its jurisdiction.
**Subp. 10. Nighttime.**
"Nighttime" means those hours from 10:00 p.m. to 7:00 a.m.
**Subp. 11. Person.**
"Person" means any human being, any municipality or other governmental or political subdivision or other public department or agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agency, legal entity, other than a court of law, or any legal representative of any of the foregoing, but does not include the agency.
**Subp. 12. Sound pressure level.**
"Sound pressure level", in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure to the reference pressure. The reference pressure shall be 20 micronewtons per square meter.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7030.0030** Noise Control Requirement {#sec-7030.0030 omnilex-key=us-mn-regs-official--agency-167--7030.0030}
No person may violate the standards established in part 7030.0040, unless exempted by Minnesota Statutes, section 116.07, subdivision 2a. Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1, 2, or 3 in any location where the standards established in part 7030.0040 will be violated immediately upon establishment of the land use.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 11 SR 43; 18 SR 614*
##### **Minn. R. 7030.0040** Noise Standards {#sec-7030.0040 omnilex-key=us-mn-regs-official--agency-167--7030.0040}
**Subpart 1. Scope.**
These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These standards are consistent with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped according to land activities by the noise area classification (NAC) system established in part 7030.0050. However, these standards do not, by themselves, identify the limiting levels of impulsive noise needed for the preservation of public health and welfare. Noise standards in subpart 2 apply to all sources.
**Subp. 2. Noise standards.**
**History**
- *Statutory Authority: MS s 116.07*
- *History: 11 SR 43; 18 SR 614*
##### **Minn. R. 7030.0050** Noise Area Classification {#sec-7030.0050 omnilex-key=us-mn-regs-official--agency-167--7030.0050}
**Subpart 1. Applicability.**
The noise area classification is based on the land use activity at the location of the receiver and determines the noise standards applicable to that land use activity unless an exception is applied under subpart 3.
**Subp. 2. Noise area classifications.**
The noise area classifications and the activities included in each classification are listed below:
**Subp. 3. Exceptions.**
The noise area classification for a land use may be changed in the following ways if the applicable conditions are met.
A. The daytime standards for noise area classification 1 shall be applied to noise area classification 1 during the nighttime if the land use activity does not include overnight lodging.
B. The standards for a building in a noise area classification 2 shall be applied to a building in a noise area classification 1 if the following conditions are met:
C. The standards for a building in a noise area classification 3 shall be applied to a building in a noise area classification 1 if the following conditions are met:
D. The standards for a building in a noise area classification 3 shall be applied to a building in a noise area classification 2 if the following conditions are met:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 11 SR 43; 18 SR 614; 41 SR 763*
##### **Minn. R. 7030.0060** Measurement Methodology {#sec-7030.0060 omnilex-key=us-mn-regs-official--agency-167--7030.0060}
**Subpart 1. Measurement location.**
Measurement of sound must be made at or within the applicable NAC at the point of human activity which is nearest to the noise source. All measurements shall be made outdoors.
**Subp. 2. Equipment specifications.**
All sound level measuring devices must meet Type O, I, II, or S specifications under American National Standards Institute S1.4-1983.
**Subp. 3. Calibration.**
All sound level measuring devices must, at a minimum, be externally field calibrated before and after monitoring using a calibration device of known frequency and sound pressure level.
**Subp. 4. Measurement procedures.**
The following procedures must be used to obtain representative sound level measurements:
A. Measurements must be made at least three feet off the ground or surface and away from natural or artificial structures which would prevent an accurate measurement.
B. Measurements must be made using the A-weighting and fast response characteristics of the sound measuring device as specified in American National Standards Institute S1.4-1983.
C. Measurements must not be made in sustained winds or in precipitation which results in a difference of less than ten decibels between the background noise level and the noise source being measured.
D. Measurements must be made using a microphone which is protected from ambient conditions which would prevent an accurate measurement.
**Subp. 5. Data documentation.**
A summary sheet for all sound level measurements shall be completed and signed by the person making the measurements. At a minimum, the summary sheet shall include:
A. date;
B. time;
C. location;
D. noise source;
E. wind speed and direction;
F. temperature;
G. humidity;
H. make, model, and serial number of measuring equipment;
I. field calibration results;
J. monitored levels; and
K. site sketch indicating noise source, measurement location, directions, distances, and obstructions.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 11 SR 43; 17 SR 1279; 18 SR 614*
##### **Minn. R. 7030.0070** Sound Attenuation Measurement Methodology {#sec-7030.0070 omnilex-key=us-mn-regs-official--agency-167--7030.0070}
**Subpart 1. Purpose.**
Sound level measurements made for assessing sound attenuation as specified in part 7030.0050, subpart 3, item B, C, or D, shall be made according to the requirements of this part.
**Subp. 2. Equipment.**
The equipment shall meet the requirements specified in part 7030.0060, subpart 2.
**Subp. 3. Calibration.**
The equipment must meet the calibration requirements specified in part 7030.0060, subpart 3.
**Subp. 4. Measurement procedure.**
The measurement procedure described in FHWA-DP-45-1R, section 8 must be used for determination of the sound attenuation.
**Subp. 5. Equivalent methods.**
Methods equivalent to those described in subpart 4 may be used provided they are approved by the commissioner of the Minnesota Pollution Control Agency. The commissioner shall approve an alternative method if the commissioner finds that the method will produce representative data and results which are as reliable as the methods specified in subpart 4.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7030.0080** Variance {#sec-7030.0080 omnilex-key=us-mn-regs-official--agency-167--7030.0080}
If, upon written application of the responsible person, the agency finds that by reason of exceptional circumstances strict conformity with any provisions of any noise rule would cause undue hardship, would be unreasonable, impractical, or not feasible under the circumstances, the agency may permit a variance upon the conditions and within the time limitations as it may prescribe for the prevention, control, or abatement of noise pollution in harmony with the intent of the state and any applicable federal laws.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 11 SR 43; 18 SR 614*
##### **Minn. R. 7030.1000** Definition {#sec-7030.1000 omnilex-key=us-mn-regs-official--agency-167--7030.1000}
"Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7030.1010** Prohibitions {#sec-7030.1010 omnilex-key=us-mn-regs-official--agency-167--7030.1010}
**Subpart 1. Operation of vehicle.**
No person shall operate either a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 at any time or under any condition of grade, load, acceleration, or deceleration in such a manner as to exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner.
**Subp. 2. Sale of vehicle.**
No person shall sell or offer for sale a new motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when maintained according to the manufacturer's specifications would exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner.
**Subp. 3. Modification of vehicle.**
No person shall modify a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 in a manner which will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle so modified.
**Subp. 4. Sale of parts.**
No person shall sell or offer for sale replacement or additional parts for a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when installed in the vehicle will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle incorporating such parts.
**History**
- *Statutory Authority: MS s 116.07*
- *History: L 1987 c 186 s 15; 18 SR 614*
##### **Minn. R. 7030.1020** Scope {#sec-7030.1020 omnilex-key=us-mn-regs-official--agency-167--7030.1020}
This chapter applies to the total noise from a vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 and shall not be construed as limiting or precluding the enforcement of any other provision of law relating to motor vehicle exhaust noise.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7030.1030** Exceptions {#sec-7030.1030 omnilex-key=us-mn-regs-official--agency-167--7030.1030}
Vehicles under parts 7030.1050 and 7030.1060 are allowed to exceed the noise limits contained herein when performing acceleration maneuvers for safety purposes.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7030.1040** Noise Limit for Vehicles Over 10,000 Pounds {#sec-7030.1040 omnilex-key=us-mn-regs-official--agency-167--7030.1040}
Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle.
A. Speed limits greater than 35 mph.
B. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines). For stationary run-up tests on all-paved surfaces, add 2 dBA.
C. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January 1, 1978. For stationary run-up tests on all-paved surfaces, add 2 dBA.
D. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January 1, 1982. For stationary run-up tests on all-paved surfaces, add 2 dBA.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7030.1050** Motor Vehicle Noise Limits for Motorcycles {#sec-7030.1050 omnilex-key=us-mn-regs-official--agency-167--7030.1050}
A. For vehicles manufactured before January 1, 1975.
B. Speed limits greater than 35 mph for vehicles manufactured on or after January 1, 1975.
C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after January 1, 1975.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
##### **Minn. R. 7030.1060** Noise Limits for Other Vehicles {#sec-7030.1060 omnilex-key=us-mn-regs-official--agency-167--7030.1060}
Motor vehicle noise limits for any other motor vehicle not included under parts 7030.1040 and 7030.1050 and any combination of vehicles towed by such motor vehicle.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 614*
## **Chapter 7035** SOLID WASTE
##### **Minn. R. 7035.0100** [Repealed, 13 SR 1150] {#sec-7035.0100 omnilex-key=us-mn-regs-official--agency-167--7035.0100}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.0200** [Repealed, 13 SR 1150] {#sec-7035.0200 omnilex-key=us-mn-regs-official--agency-167--7035.0200}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.0300** Definitions {#sec-7035.0300 omnilex-key=us-mn-regs-official--agency-167--7035.0300}
**Subpart 1. Scope.**
As used in parts 7035.0300 to 7035.2915, the following terms have the meanings given them in this part.
**Subp. 2. Acceptable daily intake.**
"Acceptable daily intake" means the highest concentration of a toxic substance in water that is considered to pose no significant risk to human health when consumed daily over a lifetime.
**Subp. 3. Agency.**
"Agency" means the Minnesota Pollution Control Agency, its agent, or representative.
**Subp. 4. Aquifer.**
"Aquifer" has the meaning given in part 4725.0100.
**Subp. 5. Ash.**
"Ash" means the incombustible material that remains after a fuel or solid waste is combusted.
**Subp. 6. Assets.**
"Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.
**Subp. 7. Backyard compost site.**
"Backyard compost site" means a site used to compost food scraps, garden wastes, weeds, lawn cuttings, leaves, and prunings from a single family or household.
**Subp. 7a. Beneficial use determination.**
"Beneficial use determination" refers to standing or case-specific beneficial use determinations under part 7035.2860, subpart 4 or 5, respectively.
**Subp. 7b. Bottom ash.**
"Bottom ash" means the residues that remain in a combustion chamber after combustion. An owner or operator may include ash which is carried out of a combustion chamber by the flow of gases and captured by boiler tubes, economizers, or other equipment which captures particulate matter before gases enter air pollution control equipment.
**Subp. 8. Bulking agent.**
"Bulking agent" means the material added to a compost system to provide structural support and prevent the settlement and compaction of the decomposing waste.
**Subp. 9. Bulky item.**
"Bulky item" means oversized solid waste including appliances, furniture, trees, or other waste that requires extraordinary handling methods to achieve compaction.
**Subp. 9a. By-product lime.**
"By-product lime" refers to waste liming materials that are produced when lime is used for processes such as treatment of drinking water, processing of sugar, acetylene production, and miscellaneous other processes.
**Subp. 10. Cell.**
"Cell" means compacted solid waste that is enclosed by cover material in a land disposal site.
**Subp. 11. Certified capacity.**
"Certified capacity" means the in-place volume granted to an owner or operator of a mixed municipal solid waste land disposal facility for the disposal of mixed municipal solid waste by a certificate of need as issued under Minnesota Statutes, section 115A.917 or 473.823, subdivision 6, and by an agency issued permit.
**Subp. 12. Closure.**
"Closure" means actions to prevent or minimize the threat to public health and the environment posed by a closed facility including removing contaminated equipment, removing liners, applying final cover, grading and seeding final cover, installing monitoring devices, constructing ground water and surface water diversion structures, and installing gas control systems, as necessary.
**Subp. 13. Closure document.**
"Closure document" means an order, stipulation agreement, or other agency issued or negotiated document that defines specific closure and postclosure care requirements executed at the time a solid waste management facility is closed.
**Subp. 14. Closure plan.**
"Closure plan" means a plan for closure of a facility prepared in accordance with part 7035.2625.
**Subp. 14a. Coal combustion slag.**
"Coal combustion slag" means the noncombustible coal residue collected in a water-filled hopper at the bottom of a cyclone-type furnace. It is characterized as glassy, angular-shaped particles with diameters ranging from one-tenth to ten millimeters in size.
**Subp. 15. Cocomposting.**
"Cocomposting" means the composting of mixed municipal solid waste with a nutrient source or bulking agent.
**Subp. 15a. Combined ash.**
"Combined ash" means ash which consists of a mixture of fly ash and bottom ash.
**Subp. 16. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 17. Community water supply.**
"Community water supply" has the meaning given it in part 4720.0100.
**Subp. 18. Compliance boundary.**
"Compliance boundary" means the planar surface that circumscribes the permitted waste boundary, lies between the permitted waste boundary and the property boundary, extends vertically downward from the land surface, and constitutes the place at which compliance with agency ground water quality standards is measured.
**Subp. 19. Compost facility.**
"Compost facility" means a site used to compost or cocompost solid waste, including all structures or processing equipment used to control drainage, collect and treat leachate, and storage areas for the incoming waste, the final product, and residuals resulting from the composting process.
**Subp. 20. Composting.**
"Composting" means the controlled microbial degradation of organic waste to yield a humus like product.
**Subp. 20a. Contact water.**
"Contact water" means water that has come into contact with source-separated organic material in the tipping area, source-separated organic material in the mixing area, rejects, residuals, or active compost. For purposes of this subpart, compost is active until it has reached PFRP as described in part 7035.2836, subpart 11, item B, subitem (10), and the Solvita maturity index is greater than or equal to five with ammonia greater than or equal to four. An owner or operator may use an alternative test method as provided by part 7035.2836, subpart 9, item B, subitems (3) and (9).
**Subp. 21. Contingency action plan.**
"Contingency action plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of solid waste, waste by-products, or leachate that could threaten human health or the environment.
**Subp. 22. Corrective action.**
"Corrective action" means the steps taken to repair facility structures including liners, monitoring wells, separation equipment, covers, and aeration devices and to bring the facility into compliance with design, construction, ground water, surface water, and air emission standards.
**Subp. 23. Cover material.**
"Cover material" means material approved by the agency that is used to cover compacted solid waste in a land disposal site. Important general characteristics of good cover material are low permeability, uniform texture, cohesiveness, and compactibility.
**Subp. 24. Current assets.**
"Current assets" means cash or other assets or resources commonly identified as those that are reasonably expected to be realized in cash, or sold or consumed during the normal operating cycle of the business.
**Subp. 25. Current closure cost estimate.**
"Current closure cost estimate" means the most recent estimate prepared in accordance with part 7035.2625.
**Subp. 26. Current contingency action cost estimate.**
"Current contingency action cost estimate" means the most recent estimate prepared in accordance with part 7035.2615.
**Subp. 27. Current liabilities.**
"Current liabilities" means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
**Subp. 28. Current postclosure care cost estimate.**
"Current postclosure care cost estimate" means the most recent estimate prepared in accordance with part 7035.2645.
**Subp. 29. Decomposition gases.**
"Decomposition gases" means gases produced by chemical or microbial activity during the decomposition of solid waste.
**Subp. 30. Demolition debris.**
"Demolition debris" means solid waste resulting from the demolition of buildings, roads, and other structures including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plastic building parts. Demolition debris does not include asbestos wastes.
**Subp. 31. Demolition debris land disposal facility.**
"Demolition debris land disposal facility" means a site used to dispose of demolition debris.
**Subp. 31a. Demonstration/research project.**
"Demonstration/research project" refers to a limited scale project designed to promote new methods of solid waste management. It is designed to obtain scientific or other information about a specific method for managing solid waste not currently available.
**Subp. 32. Design capacity.**
"Design capacity" means the total volume of compacted solid waste, topsoil, intermittent, intermediate, and final cover specified in the facility permit, as calculated from final contour and cross-sectional plan sheets that define the areal and vertical extent of the fill area.
**Subp. 33. Disposal.**
"Disposal" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 9.
**Subp. 34. Disposal facility.**
"Disposal facility" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 10.
**Subp. 35. Energy recovery facility.**
"Energy recovery facility" means a facility used to capture the heat value of solid waste for conversion to steam, electricity, or immediate heat by direct combustion or by first converting it into an intermediate fuel product. Municipal solid waste combustors are included in the definition of energy recovery facilities.
**Subp. 35a. EPA Method 1311.**
"EPA Method 1311" means the Toxicity Characteristic Leaching Procedure issued by the United States Environmental Protection Agency as EPA Method 1311 as provided by the Federal Register, volume 55, number 126, June 29, 1990.
**Subp. 35b. EPA Method 1312.**
"EPA Method 1312" means the Synthetic Precipitation Leach Test for Soils, which is incorporated by reference in part 7035.0605.
**Subp. 35c. EPA SW-846.**
"EPA SW-846" means Test Methods for Evaluating Solid Waste, EPA SW-846, Third Edition, which is incorporated by reference in part 7035.0605.
**Subp. 36. Existing facility.**
"Existing facility" means a facility that is in operation or on which construction has commenced on or before the effective date of new and amended parts 7035.0300 to 7035.2875. A facility has commenced construction if the owner or operator has obtained permits and approvals necessary under federal, state, and local statutes, rules, and ordinances and the on-site construction program has begun or the owner or operator has entered into contractual agreements that cannot be canceled or modified without substantial loss.
**Subp. 37. Facility.**
"Facility" means the land, structures, monitoring devices, and other improvements on the land used for monitoring, treating, processing, storing, or disposing of solid waste, leachate, or residuals from solid waste processing.
**Subp. 38. Floodplain.**
"Floodplain" means any land that is subject to a one percent or greater chance of flooding in any given year from any source.
**Subp. 38a. Fly ash.**
"Fly ash" means ash generated by a combustion facility which is carried out of the combustion chamber by the flow of gases and collected by air pollution control equipment before exhaust gases leave the facility. An owner or operator may include ash which is captured by boiler tubes, economizers, or other equipment which captures particulate matter before gases enter air pollution control equipment.
**Subp. 39. Free liquid.**
"Free liquid" refers to the liquid produced when a 100-milliliter representative sample of solid waste is placed on a standard 400-micron conical paint filter for five minutes.
**Subp. 40. Garbage.**
"Garbage" means discarded material resulting from the handling, processing, storage, preparation, serving, and consumption of food.
**Subp. 41. Gross revenue.**
"Gross revenue" means total receipts less returns and allowances.
**Subp. 42. Ground water; groundwater.**
"Ground water" or "groundwater" has the meaning given for groundwater in Minnesota Statutes, section 115.01, subdivision 6.
**Subp. 43. Hazardous substance.**
"Hazardous substance" has the meaning given it in Minnesota Statutes, section 115B.02, subdivision 8.
**Subp. 43a. Household hazardous waste.**
"Household hazardous waste" has the meaning given in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (b).
**Subp. 44. Independently audited.**
"Independently audited" means an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
**Subp. 45. Industrial solid waste.**
"Industrial solid waste" means all solid waste generated from an industrial or manufacturing process and solid waste generated from nonmanufacturing activities such as service and commercial establishments. Industrial solid waste does not include office materials, restaurant and food preparation waste, discarded machinery, demolition debris, municipal solid waste combustor ash, or household refuse.
**Subp. 46. Industrial solid waste land disposal facility.**
"Industrial solid waste land disposal facility" means a site used to dispose of industrial solid waste in or on the land.
**Subp. 47. Inert material.**
"Inert material" means the uncompostable material remaining in a compost system after decomposition. Inert material does not include soil particles or other naturally occurring materials that may be found in the compost system.
**Subp. 48. Infectious waste.**
"Infectious waste" means waste originating from the diagnosis, care, or treatment of a person or animal that has been or may have been exposed to a contagious or infectious disease. Unless the materials have been rendered noninfectious by procedures approved by the state commissioner of health, infectious waste includes:
A. all wastes originating from persons or animals placed in isolation for control and treatment of an infectious disease;
B. bandages, dressings, casts, catheters, tubing, and similar disposable items which have been in contact with wounds, burns, anatomical tracts, or surgical incisions and which are suspect of being or have been medically verified as infectious;
C. all infectious anatomical waste, including human and animal parts or tissues;
D. infectious sharps and needles;
E. laboratory and pathology waste of an infectious nature; or
F. any other waste, as defined by the state commissioner of health, which, because of its infectious nature, requires handling and disposal in a manner prescribed for items A to E.
**Subp. 49. Intermittent cover.**
"Intermittent cover" means cover material that is spread and compacted on the top and side slopes of compacted solid waste at least as often as the end of each operating week unless less frequent placement is approved according to part 7035.2885, subpart 10, item A, in order to control fire, infiltration, dust emissions, and erosion.
**Subp. 50. Intervention limit.**
"Intervention limit" means a concentration or measure of a substance which, if found to be exceeded in a sample of ground water, indicates possible ground water pollution from the facility.
**Subp. 51. Karst.**
"Karst" means a type of topography that is formed from the dissolution of limestone, dolomite, or gypsum and that is characterized by closed depressions or sinkholes, and underground drainage through conduits enlarged by dissolution.
**Subp. 52. Land disposal facility.**
"Land disposal facility" means any tract or parcel of land, including any constructed facility, at which solid waste is disposed of in or on the land.
**Subp. 53. Land pollution.**
"Land pollution" means the presence in or on the land of any waste or waste by-products in such quantity, of such nature and duration, and under such condition as would negatively affect any waters of the state, create air contaminants, cause air pollution, or contaminate soils at the site making the site unacceptable for further use.
**Subp. 54. Landspreading.**
"Landspreading" means the placement of waste or waste by-products on or incorporation of them into the soil surface.
**Subp. 55. Landspreading site.**
"Landspreading site" means any land used for landspreading of waste or waste by-products.
**Subp. 56. Leachate.**
"Leachate" means liquid that has percolated through solid waste and has extracted, dissolved, or suspended materials from it.
**Subp. 57. Leachate management system.**
"Leachate management system" means the structures constructed and operated to contain, transport, and treat leachate, including liners, collection pipes, detection systems, holding areas, and treatment facilities.
**Subp. 58. Liabilities.**
"Liabilities" means probable sacrifices of future economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
**Subp. 59. Limit of detection.**
"Limit of detection" means the lowest concentration of a substance that can be determined to be statistically different from a blank.
**Subp. 60. Limit of quantitation.**
"Limit of quantitation" means the concentration of a substance above which a chemical analysis may occur.
**Subp. 61. Liner.**
"Liner" means a continuous layer of reworked natural soil or synthetic materials beneath and on the sides of a land disposal facility, compost facility, or storage area that restricts the downward or lateral escape of solid waste, leachate, or gas.
**Subp. 62. Lower compliance boundary.**
"Lower compliance boundary" refers to an approximately horizontal, planar or approximately planar, designated surface located beneath a facility and extending to or beyond the compliance boundary. The lower compliance boundary is the place at or below which compliance with agency standards to protect deeper aquifers is measured.
**Subp. 62a. Manufactured product.**
"Manufactured product" means an item that through processing becomes chemically and physically stable and remains so during its intended use. Examples of manufactured products include wallboard, ceiling tile, plywood, lumber, office furniture, containers, and bricks. Items that are not considered manufactured products include materials used in bulk in direct contact with the environment such as flowable fill, lightweight fill, clean fill, and aggregate, and materials used in bulk that are intended to be chemically active such as agricultural soil amendments and fertilizers.
**Subp. 62b. Maximum leachable contaminant levels.**
"Maximum leachable contaminant levels" means the numerical standards for the levels in leachate of substances listed in part 7035.2885, subpart 5. They are used to determine design and operational requirements which apply to a municipal solid waste combustor ash land disposal facility.
**Subp. 63. Mixed municipal solid waste.**
"Mixed municipal solid waste" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 21.
**Subp. 64. Mixed municipal solid waste land disposal facility.**
"Mixed municipal solid waste land disposal facility" means a site used for the disposal of mixed municipal solid waste in or on the land.
**Subp. 65. Monitoring point.**
"Monitoring point" means any installation or location used to determine the quality or physical characteristics of ground water, surface water, or water in the unsaturated zone.
**Subp. 66. Monitoring well.**
"Monitoring well" has the meaning given it in part 4725.0100, subpart 30a.
**Subp. 67. Municipality.**
"Municipality" means a city, village, borough, county, town, sanitary district, or other governmental subdivision or public corporation, or agency created by the legislature.
**Subp. 67a. Municipal solid waste combustor ash.**
"Municipal solid waste combustor ash" means ash from combustion of mixed municipal solid waste or refuse-derived fuel at a waste combustor. Municipal solid waste combustor ash does not include ash from waste combustors which accept hazardous waste except in household quantities as allowed by part 7045.0120, item A. Municipal solid waste combustor ash which is managed according to parts 7035.2885 to 7035.2915 is a solid waste, and is not subject to regulation under chapter 7045. Ash from a facility that burns a mixture of mixed municipal solid waste or refuse-derived fuel and infectious waste or other nonhazardous wastes such that 20 percent or more of its heat input is from mixed municipal solid waste or refuse-derived fuel is considered municipal solid waste combustor ash. Ash from a facility that burns a mixture of mixed municipal solid waste or refuse-derived fuel with coal or other fuels is considered municipal solid waste combustor ash if the percentage of mixed municipal solid waste or refuse-derived fuel is such that the facility is considered a waste combustor under applicable state and federal rules and statutes.
**Subp. 67b. Municipal solid waste combustor ash land disposal facility.**
"Municipal solid waste combustor ash land disposal facility" means a facility used to dispose of municipal solid waste combustor ash in or on the land.
**Subp. 68. Net income.**
"Net income" means revenues minus expenses for an accounting period. It is the net increase (net decrease) in owners' equity (assets minus liabilities) of an enterprise for an accounting period from profit directed activities. It is recognized and measured in conformity with generally accepted accounting principles.
**Subp. 69. Net working capital.**
"Net working capital" means current assets minus current liabilities.
**Subp. 70. Net worth.**
"Net worth" means total assets minus total liabilities and is equivalent to owners' equity.
**Subp. 71. Open burning.**
"Open burning" means burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through an adequate stack, duct, or chimney.
**Subp. 72. Open dump.**
"Open dump" means a land disposal site at which solid waste is disposed of in a manner that does not protect the environment, is susceptible to open burning, and is exposed to the elements, flies, rodents, and scavengers.
**Subp. 73. Operator.**
"Operator" means the person or persons responsible for the operation of a facility.
**Subp. 74. Owner or facility owner.**
"Owner" or "facility owner" means the person or persons who own a facility or part of a facility.
**Subp. 75. Parent corporation.**
"Parent corporation" means a corporation that directly owns at least 50 percent of the voting stock of the corporation that is the facility owner or operator; the latter corporation is deemed a subsidiary of the parent corporation.
**Subp. 76. Permeability.**
"Permeability" refers to hydraulic conductivity or coefficient of permeability, not intrinsic permeability, and has the dimensions of distance per unit time. Permeability is the measure of the ability of a soil or rock medium to transmit ground water flowing under a hydraulic gradient of one unit of change in head per unit change in length.
**Subp. 77. Permitted waste boundary.**
"Permitted waste boundary" means the perimeter or outer limit of the waste fill, leachate piping, and leachate holding and treatment areas at a solid waste land disposal facility, as specified in the permit for the facility issued by the agency.
**Subp. 78. Person.**
"Person" means any human being, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity, but does not include the Pollution Control Agency.
**Subp. 79. Personnel; facility personnel.**
"Personnel" or "facility personnel" means all persons who work at or oversee the operation of a solid waste management facility, and whose actions or failure to act may result in noncompliance with the requirements of parts 7035.0300 to 7035.2875.
**Subp. 79a. Petroleum contaminated soil.**
"Petroleum contaminated soil" has the meaning given it in part 7037.0100, subpart 15.
**Subp. 79b. Petroleum contaminated soil land treatment site.**
"Petroleum contaminated soil land treatment site" has the meaning given the term "land treatment site" in part 7037.0100, subpart 8.
**Subp. 80. Piezometer.**
"Piezometer" means a type of monitoring well or other device that is constructed for the purpose of measuring hydraulic head in ground water.
**Subp. 81. Pollutant.**
"Pollutant" has the meaning given it in Minnesota Statutes, section 115.01, subdivision 12.
**Subp. 82. Postclosure; postclosure care.**
"Postclosure" and "postclosure care" mean actions taken for the care, maintenance, and monitoring of a facility after closure that will prevent, mitigate, or minimize the threat to public health and environment posed by the closed facility.
**Subp. 83. Postclosure care plan.**
"Postclosure care plan" means the plan for postclosure care prepared in accordance with part 7035.2645.
**Subp. 84. Process to further reduce pathogens.**
"Process to further reduce pathogens" means high temperature composting, heat drying, heat treatment, thermophilic aerobic digestion, or other methods that will achieve similar levels of pathogen reduction.
**Subp. 85. Property boundary.**
"Property boundary" means the line circumscribing parcels of land entirely enclosing the facility.
**Subp. 86. Public water supply.**
"Public water supply" has the meaning given in part 4720.0100.
**Subp. 87. Radioactive waste.**
"Radioactive waste" has the meaning given it in Minnesota Statutes, section 116C.71, subdivision 6.
**Subp. 87a. Recyclable materials.**
"Recyclable materials" refers to marketable materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. For purposes of part 7035.2860, recyclable materials also refers to marketable materials separated from industrial solid wastes and construction and demolition debris. Recyclable materials may also be referred to as secondary materials.
**Subp. 87b. Recycling.**
"Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.
**Subp. 88. Recycling facility.**
"Recycling facility" means a facility where only recyclable materials are received and prepared for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use. The recyclable materials must:
A. fit the definition of mixed municipal solid waste prior to separation for recycling;
B. not include items which have been prohibited by state law from disposal or placement in mixed municipal solid waste, unless approved by the commissioner;
C. have been separated from other mixed municipal solid waste by the generator prior to collection; and
D. not be hazardous as defined in chapter 7045, except for household hazardous waste. Recyclable materials that are defined as household hazardous waste in part 7045.0131, subpart 1, and Minnesota Statutes, section 115A.96, subdivision 1, paragraphs (a) and (b), may be accepted at the facility for recycling if they are managed in accordance with part 7045.0310. "Recycling facility" does not include an individual generator of recyclable materials, such as a homeowner, a business, or a government agency, and it does not include a manufacturer using recyclable materials as feedstock.
**Subp. 89. Refuse.**
"Refuse" means putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, waste combustor ash, street cleanings, and market and industrial solid wastes, and including municipal treatment wastes which do not contain free moisture.
**Subp. 90. Refuse collection service.**
"Refuse collection service" means a public or private operation engaged in solid waste collection and solid waste transportation.
**Subp. 91. Refuse-derived fuel.**
"Refuse-derived fuel" means the product resulting from techniques or processes used to prepare solid waste by shredding, sorting, or compacting for use as an energy source.
**Subp. 92. Regional flood.**
"Regional flood" has the meaning given it in Minnesota Statutes, section 103F.111, subdivision 10.
**Subp. 92a. Rejects.**
As applied to source-separated organic material compost facilities, "rejects" means:
A. inorganic materials that cannot be rendered into a humus-like material;
B. materials that are unacceptable due to permit conditions;
C. materials that are unacceptable according to subpart 99a, item B; or
D. materials that are unacceptable according to subpart 105a, items B and C.
**Subp. 93. Release.**
"Release" has the meaning given it in Minnesota Statutes, section 115B.02, subdivision 15.
**Subp. 93a.**
[Renumbered subp 93c]
**Subp. 93b. Residuals.**
As applied to source-separated organic material compost facilities, "residuals" means organic materials that require further composting due to their large size, such as tree branches.
**Subp. 93c. Rolling data set.**
"Rolling data set" means a set of data, such as test results, which represents a specified period of time; at a specified frequency the data set changes to include more recent data and exclude data which are older than the beginning of the specified time period.
**Subp. 94. Rubbish.**
"Rubbish" means nonputrescible solid wastes, including ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.
**Subp. 95. Run-off.**
"Run-off" means any liquid that drains over land from any part of a facility.
**Subp. 96. Run-on.**
"Run-on" means any liquid that drains over land onto any part of a facility.
**Subp. 96a. Segregated household hazardous waste.**
"Segregated household hazardous waste" means household hazardous waste that is separated from other solid waste or arrives at a solid waste management facility separated from other solid waste.
**Subp. 97. Septage.**
"Septage" has the meaning given it in part 7080.0020, subpart 31.
**Subp. 98. Sewage sludge.**
"Sewage sludge" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 29.
**Subp. 99. Sludge.**
"Sludge" has the meaning given it in Minnesota Statutes, section 116.06, subdivision 21.
**Subp. 99a. Small compost site.**
"Small compost site" means a site that:
A. is used to compost:
B. does not accept fats, oils, grease, meat, dairy, animal manure, diapers, or sanitary products;
C. does not exceed 120 cubic yards on site at any one time;
D. is where the materials under item A are managed to:
E. is not located in a floodplain, shoreland, or wetland according to part 7035.2555.
**Subp. 100. Solid waste.**
"Solid waste" means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended.
**Subp. 101. Solid waste collection.**
"Solid waste collection" means the gathering of solid waste from public or private places.
**Subp. 102. Solid waste land disposal facility.**
"Solid waste land disposal facility" means a facility used to dispose of solid waste in or on the land.
**Subp. 103. Solid waste management facility.**
"Solid waste management facility" means a facility for the storage, collection, transportation, processing or reuse, conversion, or disposal of solid waste.
**Subp. 104. Solid waste storage.**
"Solid waste storage" means the holding of solid waste for more than 48 hours in quantities equal to or greater than ten cubic yards.
**Subp. 105. Solid waste transportation.**
"Solid waste transportation" means the conveying of solid waste from one place to another, by means of vehicle, rail car, water vessel, conveyor, or other means.
**Subp. 105a. Source-separated organic material.**
A. "Source-separated organic material" means:
B. Unless specifically permitted by the commissioner under part 7001.0150, source-separated organic material does not include:
C. Source-separated organic material does not include:
**Subp. 105b. Source-separated organic material compost facility.**
"Source-separated organic material compost facility" means:
A. a site used to compost source-separated organic material;
B. all structures or processing equipment used to compost source-separated organic material; and
C. all structures or equipment used to:
**Subp. 106. Stabilization test.**
"Stabilization test" refers to a series of physical or chemical measurements taken during the pumping of a monitoring well at single well-volume intervals to determine the point at which stagnant water within the monitoring well has been removed.
**Subp. 107. State.**
"State" means the state of Minnesota.
**Subp. 108. Sum of the current cost estimates.**
"Sum of the current cost estimates" means the sum of the current cost estimates for closure, postclosure care, and corrective actions.
**Subp. 109. Surface water compliance boundary.**
"Surface water compliance boundary" means the designated vertical plane located between a solid waste management facility and a surface water body at which compliance with agency standards to protect surface water is measured.
**Subp. 110. Tangible net worth.**
"Tangible net worth" means the assets that remain after deducting liabilities, not including intangible assets such as good will and rights to patents or royalties.
**Subp. 110a. Tipping floor.**
"Tipping floor" means an area onto which solid waste is unloaded and staged for reloading into processing equipment or transport vehicles, or for removal of recyclable materials. Tipping floor includes containers or trucks when used to consolidate waste for future transport.
**Subp. 111. Transfer facility.**
"Transfer facility" means a facility in which solid waste from collection vehicles is compacted or rearranged for subsequent transport. A transfer facility may be fixed or mobile.
**Subp. 111a. Treatment.**
"Treatment" means the physical or chemical change of a waste for the purpose of reducing or controlling pollution or the release of contaminants into the environment.
**Subp. 111b. Unadulterated wood.**
"Unadulterated wood" means wood that does not contain contaminants present as a result of manufacturing or use of the wood. Examples of contaminants include paints, varnishes, stains, glues, resins, or chemicals used to prevent rotting.
**Subp. 111c. Vector.**
"Vector" means any organism capable of transporting infectious agents to or from a source-separated organic material compost facility. Examples of vectors are rodents, flies, mosquitoes, and birds.
**Subp. 111d. Vector intrusion.**
"Vector intrusion" means a situation where vectors are present resulting in a nuisance condition at a source-separated organic material compost facility.
**Subp. 112. Waste.**
"Waste" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 34.
**Subp. 113. Waste boundary.**
"Waste boundary" means the perimeter around the area permitted for filling with waste at a disposal facility.
**Subp. 114. Waste by-products.**
"Waste by-products" means the liquids or gases or other residues resulting from waste disposal, processing, or treatment activities.
**Subp. 115. Waste collection service.**
"Waste collection service" means a public or private operation engaged in solid waste collection and transportation.
**Subp. 115a. Waste combustor.**
"Waste combustor" means any stationary source, emissions unit, or emission facility where waste or refuse-derived fuel is combusted, and includes incinerators, energy recovery facilities, or other combustion devices.
**Subp. 116. Waste containment system.**
"Waste containment system" means the system used to control the movement of solid waste, gas, and leachate generated from the solid waste disposed of at a land disposal facility.
**Subp. 117. Water monitoring system.**
"Water monitoring system" means a system of monitoring points in the vicinity of a facility that is used to determine the quality or physical characteristics of ground water, surface water, and water in the unsaturated zone.
**Subp. 118. Water table.**
"Water table" means the surface of the ground water at which the pressure is atmospheric. Generally this is the top of the saturated zone.
**Subp. 119. Wetland.**
"Wetland" means a surface water feature classified as a wetland in the publication entitled "Classification of Wetlands and Deep Water Habitats of the United States," written and published by the United States Fish and Wildlife Service Biological Services Program, FWS 035-71/31, December 1979, which is incorporated by reference. The publication is not subject to frequent change.
**Subp. 120. Working face.**
"Working face" means that portion of the land disposal facility where waste is discharged and is spread and compacted prior to the placement of cover material.
**Subp. 121. Yard waste.**
"Yard waste" means the garden wastes, leaves, lawn cuttings, weeds, and prunings generated at residential or commercial properties.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: L 1987 c 186 s 15; 13 SR 1150; 15 SR 2106; 16 SR 2321; 17 SR 1279; 17 SR 2914; 19 SR 2330; 28 SR 1086; 30 SR 529; 39 SR 857*
##### **Minn. R. 7035.0350** Solid Waste Management Hierarchy {#sec-7035.0350 omnilex-key=us-mn-regs-official--agency-167--7035.0350}
The waste management goal of the state is to foster an integrated waste management system in a manner appropriate to the characteristics of the waste stream and thereby protect the state's land, air, water, and other natural resources and the public health. The agency supports the management of solid waste in accordance with the goals stated in Minnesota Statutes, section 115A.02, paragraph (a), which emphasize reducing toxicity and volume of wastes. In recognition that wastes may have value and should be viewed as a resource, the goal of solid waste management should be to use wastes for their highest and best value and to dispose of them only after other feasible options have been evaluated or for environmental protection.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1086*
##### **Minn. R. 7035.0400** General Requirements {#sec-7035.0400 omnilex-key=us-mn-regs-official--agency-167--7035.0400}
**Subpart 1. General.**
All solid waste must be stored, collected, transferred, transported, used, processed, and disposed of, or reclaimed in a manner consistent with requirements of parts 7035.0300 to 7035.2915, except that:
A. petroleum contaminated soil stored or land treated at a petroleum contaminated soil land treatment site must be managed under chapter 7037; and
B. the commissioner may grant an exemption from this chapter to expedite the proper management of solid waste and to prevent, abate, or control pollution if the commissioner determines that such an exemption is necessary as an immediate response to an emergency.
**Subp. 2. State and local responsibilities.**
The agency is responsible for enforcement of this chapter and encourages cooperation of local units of government which may adopt this chapter for use in local laws, ordinances, or regulations. Local units of government may adopt additional restrictions in accordance with local solid waste plans or other authority.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321; 17 SR 2914; 28 SR 1086*
##### **Minn. R. 7035.0450** Demonstration/Research Projects {#sec-7035.0450 omnilex-key=us-mn-regs-official--agency-167--7035.0450}
**Subpart 1. General.**
This part establishes regulatory oversight for demonstration/research projects. If a demonstration/research project receives approval under this part, the commissioner may, as part of that approval, allow noncompliance with permit and rule conditions on a temporary basis to allow collection of information and data. However, the commissioner shall not allow noncompliance with federal standards contained in Code of Federal Regulations, title 40, part 258, unless allowed under federal law and in accordance with procedures provided by federal law. Commissioner approval or completion of a demonstration/research project does not obligate the agency to change rules, grant variances, issue or change permit conditions, make beneficial use determinations, or take any other action.
**Subp. 2. Information submittal.**
A proposal for a demonstration/research project must be submitted to the agency for review and receive written approval prior to its initiation. At a minimum, the following items must be addressed in any proposal submitted for review and approval:
A. detailed descriptions of the solid waste, the manner in which it is generated, and the solid waste management technology or process to be evaluated;
B. results of appropriate chemical and physical characterization of the solid waste done in accordance with part 7035.2861;
C. goals and objectives of the demonstration/research project;
D. scope of the demonstration/research project including length of time from the beginning of the project to completion, location, and quantity of solid waste involved;
E. an outline of information that will be contained in a final report prepared at the end of the demonstration/research project;
F. review of literature related to the project;
G. experimental design;
H. proposed monitoring;
I. evaluation of possible environmental impacts from the demonstration/research project and a description of safeguards proposed to protect human health and the environment during the project and after its completion;
J. verification that local units of government have been notified in writing of the intent to carry out the demonstration/research project within their jurisdiction and have been provided information on whom to contact at the agency to provide comments on the project if desired;
K. verification that residents within a one-mile radius of the demonstration/research project have been notified prior to submitting the proposal to the agency. The verification must consist of a copy of a notice placed in the local paper or a copy of any letter mailed to these residents. The notice or letter must include a brief description of the demonstration/research project and information on how to contact the agency to provide input or comments on the project; and
L. when applicable, information required by Code of Federal Regulations, title 40, part 258, for a research, development, and demonstration permit.
**Subp. 3. Agency actions and approval.**
Upon completing review of the proposal, the agency shall accept or reject the proposal based on the project's potential to impact human health and the environment and whether the project will result in development of useful information related to solid waste management. The agency shall give priority to proposals that have the potential to prevent pollution or that reduce or utilize solid wastes.
Upon agency approval of a demonstration/research project, the agency shall take one of the following actions:
A. issue a permit in accordance with chapters 7001 and 7035 and Code of Federal Regulations, title 40, part 258; or
B. prepare an agreement that must be signed by the proposer before the project may be initiated. The agreement must contain requirements including the following items:
**Subp. 4. Termination.**
A demonstration/research project or agreement may be terminated by actions of the agency or the parties responsible for the project.
A. The agency may terminate a signed agreement for one of the following reasons:
B. If the demonstration/research project is terminated by the parties responsible for conducting the project prior to its completion for any reason, the agency must be notified in writing immediately.
C. If an agreement is terminated, the project must be discontinued until a solid waste permit or variance from the solid waste management rules is obtained.
**Subp. 5. Reporting.**
Within six months after completion of the demonstration/research project, the final report as outlined in subpart 2, item E, must be submitted to the agency. In addition, more frequent reporting may be specified as a condition of an agreement or permit and must be submitted in accordance with the signed agreement or permit.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1086*
##### **Minn. R. 7035.0500** [Repealed, 13 SR 1150] {#sec-7035.0500 omnilex-key=us-mn-regs-official--agency-167--7035.0500}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.0600** Variances {#sec-7035.0600 omnilex-key=us-mn-regs-official--agency-167--7035.0600}
Any person who applies for a variance from any requirement of parts 7035.0300 to 7035.2915 shall comply with part 7000.7000. An application for a variance must be acted upon by the agency according to Minnesota Statutes, section 116.07, subdivision 5, and part 7000.7000. However, no variance may be granted that would result in noncompliance with applicable federal rules and regulations for solid waste.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321; 19 SR 1310*
##### **Minn. R. 7035.0605** Availability of References {#sec-7035.0605 omnilex-key=us-mn-regs-official--agency-167--7035.0605}
A. The documents needed for analyzing and classifying soils as required in parts 7035.0300 to 7035.2915 may be obtained by contacting the Engineering Library of the University of Minnesota, through the Minitex interlibrary loan system, and requesting the standards from the American Society for Testing and Material, in the Annual Book of ASTM Standards, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
B. The publication for classification of wetlands, titled "Classification of Wetlands and Deep Water Habitats of the United States," may be obtained through the Minitex interlibrary loan system or by requesting the publication from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402.
C. Test Methods for Evaluating Solid Waste, EPA SW-846, Third Edition, November 1986, issued by the United States Environmental Protection Agency (EPA), is incorporated by reference. Sections of this document which are directly relevant to parts 7035.2885 to 7035.2915 are available through the Minitex interlibrary loan system. The entire document is available from EPA Environmental Monitoring and Support Laboratory, Cincinnati, Ohio, 45268. It is not subject to frequent change.
D. The document Standard Number 54: Flexible Membrane Liners, May 1990, issued by the National Sanitation Foundation, is incorporated by reference. It is available through the Minitex interlibrary loan system. It is not subject to frequent change.
E. EPA Document 600/4-79-020 Methods for Chemical Analyses of Water and Wastes, appearing in Code of Federal Regulations, title 40, part 136, 1990, is incorporated by reference. The document is available through the Minitex interlibrary loan system and EPA Environmental Monitoring and Support Laboratory, Cincinnati, Ohio, 45268. It is not subject to frequent change.
F. EPA Method 1312: the Synthetic Precipitation Leach Test for Soils (draft document, no date available) is incorporated by reference. The method is available through the Minitex interlibrary loan system. A copy of the method may also be obtained from the commissioner. The draft method is not subject to frequent change.
G. EPA Method 8290, November 1990, is incorporated by reference. The method is available through the Minitex interlibrary loan system and EPA Office of Solid Waste, Characterization and Assessment Division, Technical Assessment Branch, 0S-331, Washington, D.C., 20460. The method is not subject to frequent change.
H. American Society for Testing and Materials (ASTM) Methods D3173 and D3174 are incorporated by reference. These methods are published in the Annual Book of ASTM Standards: Part 26, Gaseous Fuels; Coal and Coke; Atmospheric Analysis, 1981 Edition. This publication is available through the Minitex interlibrary loan system. The methods are not subject to frequent change.
I. American Society for Testing and Materials (ASTM) Standards D6400 "Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities" (2012 and as subsequently amended) and D6868 "Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities" (2011 and as subsequently amended), ASTM International, are incorporated by reference. The standards are not subject to frequent change and are available through the Minitex interlibrary loan system.
J. Minnesota Department of Transportation, Road Design Manual (2012 and as subsequently amended) is incorporated by reference, is subject to frequent change, and is available at http://www.roaddesign.dot.state.mn.us/roaddesign.aspx.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321; 39 SR 857*
##### **Minn. R. 7035.0700** Storage of Solid Waste at Individual Properties {#sec-7035.0700 omnilex-key=us-mn-regs-official--agency-167--7035.0700}
**Subpart 1. Owner's or occupant's duty.**
The owner and occupant of any premises, business establishment, or industry is responsible for the satisfactory storage of all solid waste accumulated at that premise, business establishment, or industry.
**Subp. 2. Garbage.**
Garbage and similar putrescible waste must be stored in:
A. durable, rust resistant, nonabsorbent, watertight, rodent proof, and easily cleanable containers, with close fitting, fly-tight covers and having adequate handles or bails to facilitate handling; or
B. other types of containers acceptable to the municipality and conforming to the intent of this part; and
C. the size and allowable weight of the containers may be determined by the refuse collection service subject to requirements of the municipality.
**Subp. 3. Refuse.**
Refuse must be stored in durable containers or as otherwise provided in this part. Where garbage and similar putrescible wastes are stored in combination with nonputrescible refuse, containers for the storage of the mixture must meet the requirements for garbage containers in subpart 2.
**Subp. 4. Containers.**
All containers for the storage of solid waste must be maintained in such a manner as to prevent the creation of a nuisance or menace to public health. Containers that are broken or otherwise fail to meet requirements of this part must be replaced with acceptable containers.
**Subp. 5. Oversize waste.**
Solid waste objects or materials too large or otherwise unsuitable for storage containers must be stored in a pollution and nuisance free manner and in compliance with the regulations of federal, state, and local governments, and their regulatory agencies.
**Subp. 6. Municipal solid waste combustor ash.**
Municipal solid waste combustor ash must be stored in a manner which minimizes the emission of fugitive dust and escape of liquid which has been in contact with ash. Liquid that drains from the ash must be collected and reused at the facility, unless the commissioner finds that reuse of the liquid is not feasible based on the design of the facility, in which case the commissioner may approve another management method. Floor or surface drains serving ash collection, storage, and handling areas must not be connected to uncontaminated stormwater runoff drains. Except for ash samples collected and stored according to part 7035.2910, a municipal solid waste combustor may not store ash for more than five calendar days after the date the ash was generated. The maximum amount of ash stored at the facility must not exceed five days of daily production. The commissioner shall approve storage of a larger quantity of ash or storage for a longer period of time if the waste is kept in a contained area meeting the requirements of a solid waste storage facility under part 7035.2885.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321*
##### **Minn. R. 7035.0800** Collection and Transportation of Solid Waste {#sec-7035.0800 omnilex-key=us-mn-regs-official--agency-167--7035.0800}
**Subpart 1. Owner's or occupant's duty.**
The owner and occupant of any premises, business establishment, or industry and/or the refuse collection service are responsible for the satisfactory collection and transportation of all solid waste accumulated at a premise, business establishment, or industry to a solid waste disposal, transfer, or processing facility that is authorized to accept the waste.
**Subp. 2. Containers or vehicles.**
Vehicles or containers used for the collection and transportation of garbage and similar putrescible wastes, or refuse containing such materials, must be covered, leakproof, durable, and of easily cleanable construction. They must be cleaned to prevent nuisances, pollution, or insect breeding, and must be maintained in good repair.
Vehicles or containers used for the transportation of municipal solid waste combustor ash must be covered to prevent fugitive dust emissions and constructed to prevent leaking of fluid which has been in contact with ash.
**Subp. 3. Spills.**
Vehicles or containers used for the collection and transportation of any solid waste must be loaded and moved in a manner that does not allow the contents to fall, leak, or spill therefrom, and must be covered when necessary to prevent blowing of material. Where spillage does occur, the material must be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321; 30 SR 529*
##### **Minn. R. 7035.0805** Renovation and Demolition {#sec-7035.0805 omnilex-key=us-mn-regs-official--agency-167--7035.0805}
**Subpart 1. Scope.**
This part applies to persons engaged in the renovation, moving, and demolition of structures, or portions of structures, including demolition by burning for the purpose of disposal, where authorized by law, or fire training. The purpose of this part is to ensure that hazardous materials or items present in structures are removed prior to the commencement of renovation or demolition and that the hazardous materials or items generated as a result are properly characterized and disposed of or recycled.
**Subp. 2. Definitions.**
For purposes of this part:
A. "Commencement of renovation or demolition" means to take any action that results in the physical alteration of the interior or exterior of a structure for the purpose of renovating or removing the structure, and includes alteration or removal of walls, ceilings, floors, or roofs or associated structural components such as porches and garages. Physical alterations necessary to comply with this part, for example, removal of a wall as needed to remove a hydraulic oil tank, do not constitute commencement of renovation or demolition, provided that the physical alteration does not result in the disturbance of items listed in subpart 5 other than the targeted item. Actions that do not result in physical alteration of the structure, such as grubbing or removal of sidewalks, parking surfaces, or uncontaminated soil, do not constitute commencement of renovation or demolition.
B. "Structures" includes buildings used or formerly used for residential, recreational, governmental, agricultural, commercial, or industrial purposes and other buildings of a relatively permanent nature such that they may contain fixtures and devices associated with electrical, plumbing, heating, cooling, safety, or lighting systems.
**Subp. 3. Removal requirements.**
The owner, person authorizing the renovation or demolition, and person conducting the renovation or demolition shall ensure that the items and materials listed in subpart 5 are removed from the structure being demolished or from the portion of the structure being renovated prior to the commencement of renovation or demolition.
**Subp. 4. NESHAP facilities.**
A. For persons conducting demolition of a facility, as defined under Code of Federal Regulations, title 40, section 61.141, and regulated under part 7011.9920, the items and materials must be removed two working days prior to the start date identified on the most recently submitted ten working day notification form submitted as required under Code of Federal Regulations, title 40, section 61.145, paragraph (b).
B. For purposes of this subpart, "working days" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.
**Subp. 5. All items and materials to be removed before renovation and demolition.**
All items and materials removed must be properly characterized, tested, managed, and disposed of and reused or recycled in accordance with applicable standards. The following items and materials must be removed prior to the commencement of renovation or demolition:
A. mixed municipal solid waste, including furniture, carpeting unattached to the substrate, bedding, mattresses, clothing, small appliances, food, and food waste;
B. household hazardous waste as defined in Minnesota Statutes, section 115A.96, subdivision 1, including automotive fluids, lawn and garden chemicals, pest control products, household cleaners, paint, and home improvement products;
C. materials that constitute industrial solid waste or hazardous waste;
D. waste tires as defined in Minnesota Statutes, section 115A.90, subdivision 11;
E. appliances that meet the definition of "major appliances" in Minnesota Statutes, section 115A.03, subdivision 17a;
F. items that contain elemental mercury, including:
G. items that contain polychlorinated biphenyls (PCBs), including transformers, transistors, capacitors in old appliances and electronic equipment, heat transfer equipment, and light ballasts;
H. items that contain chlorofluorocarbons (CFCs) as defined in Minnesota Statutes, section 116.70, subdivision 3, including fire extinguishers; both portable and installed halon suppression systems; rooftop, room, and central air conditioners; walk-in coolers for refrigeration or cold storage areas; water fountains and dehumidifiers; refrigerators, freezers, and chillers; heat pumps; vending machines; and food display cases;
I. oils, including used oil, hydraulic oils in door closers and elevator-related tanks and piping, and oils located in heating oil tanks, piping, sumps, and traps;
J. lead-containing items, including lead-acid batteries, lead pipes, lead sheeting, lead flashing in roof vents, and lead paint that is not firmly adhered to the substrate. For purposes of this item, "lead paint" means a coating that contains one-half of one percent (0.5 percent) or more or 5,000 parts per million (5,000 ppm) or more of total lead by weight in the dried film, as determined by acid digestion and analysis, or contains one milligram per square centimeter (1.0 mg/cm2) or more of lead, as determined by X-ray fluorescence analyzer;
K. electronic products containing a cathode ray tube, as described in Minnesota Statutes, section 115A.9565, including televisions and computers;
L. electronic products containing a circuit board;
M. asbestos that is required to be removed under part 7011.9920;
N. material trapped in sumps and traps, unless characterized as nonhazardous and nonliquid;
O. radioactive waste as defined in Minnesota Statutes, section 116C.71, subdivision 6; and
P. other materials or items that are prohibited from disposal at the facility intended to receive the renovation or demolition waste for processing or disposal.
**Subp. 6. Exemption.**
A. The requirement to remove items or materials listed in subpart 5 prior to commencement of renovation or demolition does not apply under the following circumstances:
B. If the removal of hazardous materials or items is not required as provided under this subpart, the owner, person who will authorize renovation or demolition, and person who will conduct the renovation or demolition must comply with the requirements of this part by removing the items and materials listed in subpart 5 that are accessible before or after renovation or demolition.
**Subp. 7. Duties under other law.**
Other federal and state laws establish requirements for the management of asbestos, CFCs, tank systems, and waste, and other federal, state, and local laws establish requirements governing noise, air emissions, stormwater controls, and worker safety. Nothing in this part shall be construed as relieving any person from the duty to comply with any applicable federal, state, or local requirement. In particular, nothing in this part shall be construed as relieving any person of requirements under state or federal law governing inspection and removal of regulated asbestos-containing materials. Nothing in this part shall be construed as relieving any person of duties related to the proper management of solid or hazardous waste or CFCs. Nothing in this part shall be construed as relieving any person of duties related to the prevention of fugitive emissions.
**Subp. 8. Debris characterization.**
If the owner, person authorizing renovation or demolition, or person conducting the renovation or demolition knows or has reason to know that portions of the structure may be contaminated by hazardous substances or petroleum as defined in Minnesota Statutes, section 115C.02, subdivision 10, based on past uses of the structure, such as a medical building, laboratory, or manufacturing facility, the owner, person authorizing renovation or demolition, or person conducting the renovation or demolition shall, prior to the commencement of renovation or demolition, obtain appropriate samples and receive results from laboratory analysis as necessary to ensure the proper management and disposal of contaminated structural elements and any resulting debris generated.
**Subp. 9. Stop work order.**
If conditions exist that pose an imminent and substantial danger to the health and welfare of the people of the state, or any of them, as a result of the failure to comply with this part, the agency reserves the right to issue an emergency order to direct the immediate discontinuance of the renovation or demolition or the abatement of the pollution without notice and without a hearing as provided in Minnesota Statutes, section 116.11.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2124*
##### **Minn. R. 7035.0900** [Repealed, 13 SR 1150] {#sec-7035.0900 omnilex-key=us-mn-regs-official--agency-167--7035.0900}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.1000** [Repealed, 13 SR 1150] {#sec-7035.1000 omnilex-key=us-mn-regs-official--agency-167--7035.1000}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.1100** [Renumbered 9215.0100] {#sec-7035.1100 omnilex-key=us-mn-regs-official--agency-167--7035.1100}
[Renumbered 9215.0100]
##### **Minn. R. 7035.1101** [Renumbered 9215.0110] {#sec-7035.1101 omnilex-key=us-mn-regs-official--agency-167--7035.1101}
[Renumbered 9215.0110]
##### **Minn. R. 7035.1102** [Renumbered 9215.0120] {#sec-7035.1102 omnilex-key=us-mn-regs-official--agency-167--7035.1102}
[Renumbered 9215.0120]
##### **Minn. R. 7035.1103** [Renumbered 9215.0130] {#sec-7035.1103 omnilex-key=us-mn-regs-official--agency-167--7035.1103}
[Renumbered 9215.0130]
##### **Minn. R. 7035.1104** [Renumbered 9215.0140] {#sec-7035.1104 omnilex-key=us-mn-regs-official--agency-167--7035.1104}
[Renumbered 9215.0140]
##### **Minn. R. 7035.1105** [Renumbered 9215.0150] {#sec-7035.1105 omnilex-key=us-mn-regs-official--agency-167--7035.1105}
[Renumbered 9215.0150]
##### **Minn. R. 7035.1106** [Renumbered 9215.0160] {#sec-7035.1106 omnilex-key=us-mn-regs-official--agency-167--7035.1106}
[Renumbered 9215.0160]
##### **Minn. R. 7035.1107** [Renumbered 9215.0170] {#sec-7035.1107 omnilex-key=us-mn-regs-official--agency-167--7035.1107}
[Renumbered 9215.0170]
##### **Minn. R. 7035.1108** [Renumbered 9215.0180] {#sec-7035.1108 omnilex-key=us-mn-regs-official--agency-167--7035.1108}
[Renumbered 9215.0180]
##### **Minn. R. 7035.1109** [Renumbered 9215.0190] {#sec-7035.1109 omnilex-key=us-mn-regs-official--agency-167--7035.1109}
[Renumbered 9215.0190]
##### **Minn. R. 7035.1110** [Renumbered 9215.0200] {#sec-7035.1110 omnilex-key=us-mn-regs-official--agency-167--7035.1110}
[Renumbered 9215.0200]
##### **Minn. R. 7035.1111** [Renumbered 9215.0210] {#sec-7035.1111 omnilex-key=us-mn-regs-official--agency-167--7035.1111}
[Renumbered 9215.0210]
##### **Minn. R. 7035.1112** [Renumbered 9215.0220] {#sec-7035.1112 omnilex-key=us-mn-regs-official--agency-167--7035.1112}
[Renumbered 9215.0220]
##### **Minn. R. 7035.1113** [Renumbered 9215.0230] {#sec-7035.1113 omnilex-key=us-mn-regs-official--agency-167--7035.1113}
[Renumbered 9215.0230]
##### **Minn. R. 7035.1114** [Renumbered 9215.0240] {#sec-7035.1114 omnilex-key=us-mn-regs-official--agency-167--7035.1114}
[Renumbered 9215.0240]
##### **Minn. R. 7035.1115** [Renumbered 9215.0250] {#sec-7035.1115 omnilex-key=us-mn-regs-official--agency-167--7035.1115}
[Renumbered 9215.0250]
##### **Minn. R. 7035.1500** [Repealed, 13 SR 1150] {#sec-7035.1500 omnilex-key=us-mn-regs-official--agency-167--7035.1500}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.1590** Industrial Solid Waste Land Disposal Facility Design {#sec-7035.1590 omnilex-key=us-mn-regs-official--agency-167--7035.1590}
The owner or operator of an industrial solid waste land disposal facility must design, construct, and operate the facility in accordance with parts 7035.1590 to 7035.2500, and an agency-issued permit. If the owner or operator determines that the requirements of parts 7035.1590 to 7035.2500 do not apply, the owner or operator shall submit to the agency for approval documentation supporting the owner's or operator's determination. The agency's approval or disapproval of the owner's or operator's determination will be based on the hydrogeologic setting, waste characteristics, fill size, soil conditions, operating practices, and the potential for harm to human health or the environment.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.1600** Prohibited Areas for Industrial Solid Waste Land Disposal Facilities {#sec-7035.1600 omnilex-key=us-mn-regs-official--agency-167--7035.1600}
The fill and trench areas of industrial solid waste land disposal facilities are prohibited within the following areas:
A. 1,000 feet from the normal high water mark of a lake, pond, or flowage;
B. 300 feet from a stream;
C. a regional floodplain;
D. wetlands;
E. within 1,000 feet of the nearest edge of the right-of-way of any state, federal, or interstate highway or of the boundary of a public park or of an occupied dwelling. Permission may be granted under this item, without these distance requirements, at the discretion of the commissioner, taking into consideration such factors as noise, dust, litter, and other aesthetic and environmental considerations;
F. locations considered hazardous because of the proximity of airports; and
G. an area which is unsuitable because of topography, geology, hydrology, or soils.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 1; 13 SR 1150*
##### **Minn. R. 7035.1700** Required Practices for Maintenance and Operation of Industrial Solid Waste Land Disposal Facilities {#sec-7035.1700 omnilex-key=us-mn-regs-official--agency-167--7035.1700}
Any person who maintains or operates an industrial solid waste land disposal facility or permits the use of property for such a facility, must maintain and operate the facility in conformance with the following practices unless otherwise allowed by the agency in issuing the required permit:
A. Open burning is prohibited.
B. Industrial solid waste must not be deposited in a manner that allows material or leachings therefrom to cause pollution of ground water or surface water. Proposed separation between the lowest portion of the facility and the high water table elevation must be a minimum of five feet. This requirement does not render inoperative any other requirements specified herein and additional ground water protection must be provided.
C. Dumping of industrial solid waste must be limited to as small an area as practicable and with appropriate facilities to confine wind-blown material within the area. At the conclusion of each day of operation, all wind-blown material resulting from the operation must be collected and returned to the area by the owner or operator.
D. Industrial solid waste must be compacted as densely as practicable and covered after each day of operation, or as specified by the commissioner, with a compacted layer of at least six inches of suitable cover material. All previously filled areas must be maintained with at least six inches of suitable cover material. If disposal areas will be exposed to the elements for a period of 120 days or longer, an intermediate cover totaling at least 12 inches of compacted, suitable cover material must be provided and maintained. There must be an available supply of suitable cover material, which, if necessary, must be stockpiled and protected to allow for compliance with the requirements contained in item D including during periods of inclement weather or winter operation. The industrial solid waste land disposal facility must be constructed and cover material graded to promote surface water runoff without excessive erosion.
E. Surface water drainage must be diverted around and away from the facility operating area.
F. A minimum separation distance of 20 feet, or greater as specified by the commissioner, must be maintained between the disposal operation and the adjacent property line.
G. Effective means must be taken if necessary to control flies, rodents, and other insects or vermin.
H. The approach road to the disposal site and the access road on the site must be of all-weather construction and maintained in good condition so that they will be passable at all times for any vehicle using the site.
I. Adequate dust control on the site must be provided.
J. Equipment must be available for adequate operation of the site. The equipment must be provided with adequate safety devices and adequate noise control devices.
K. Equipment must be provided and kept at the site during the hours of operation to control accidental fires and arrangements must be made with the local fire protection agency to immediately acquire their services when needed.
L. Adequate communication facilities must be provided for emergency purposes.
M. Sanitary facilities and shelter must be available for site personnel.
N. Scavenging must be prohibited to avoid injury and prevent interference with operations.
O. The site must be adequately screened by existing or provided means.
P. A certified operator must be present at the facility at all times while it is open for use.
Q. Access to the site must be controlled. A gate must be provided at the entrance to the site and kept locked when an attendant is not on duty.
R. A permanent sign, identifying the operation and showing the permit number of the site, and indicating the hours and days the site is open for use, rates, the penalty for nonconforming dumping, and other pertinent information, must be posted at the site entrance.
S. A water monitoring program must be constructed and operated to determine whether industrial solid waste or leachate therefrom is causing pollution of ground water or surface water. The drilling and construction of all site wells, including those used for monitoring purposes, must be done in compliance with chapter 4725. The conditions of monitoring, including the frequency and the analysis of water monitoring samples, must be determined by the commissioner and may be changed at the commissioner's discretion.
T. Approved leachate collection and treatment systems must be used where required to protect ground water and surface water.
U. Decomposition gases must not be allowed to migrate laterally from the facility. They must be vented into the atmosphere directly through the cover material, or into cutoff trenches, or into the atmosphere by forced ventilation, or by other means approved by the commissioner so that explosive concentrations are prevented.
V. The following are not acceptable for deposit in industrial solid waste land disposal facilities except as approved by the commissioner:
W. When disposed of at an industrial solid waste land disposal facility, certain demolition and construction type wastes may be disposed of in a separate area, as specified by the commissioner.
X. The permittee must properly complete the agency operational report form and submit it monthly to the agency, whether or not the permitted facility is yet constructed or whether or not it is in operation.
Y. Within one month after final termination of a site, or a major part thereof, the area must be covered with at least two feet of compacted earth material, graded to a minimum two percent slope to promote surface water runoff without excessive erosion. The finished surface of the filled area must be covered and maintained with adequate top soil and seeded to provide suitable vegetation immediately upon completion, or immediately in the spring on areas terminated during winter conditions. If necessary, seeded slopes must be covered with straw or similar material to prevent erosion. Prior to completion of an industrial solid waste land disposal facility, the agency must be notified in order that a site investigation may be conducted by the agency staff before earth moving equipment is removed from the property. After completion of an industrial solid waste land disposal facility, a detailed description, including a plat, must be recorded with the county recorder. The description must include general types and location of wastes, depth of fill, and other information of interest to future land owners. If the completed site is to be cultivated, the integrity of the finished surface must not be disturbed by agricultural cultivation activities. If cultivated, a sufficient depth of cover material to allow cultivation and to support vegetation must be maintained.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 15; 13 SR 1150*
##### **Minn. R. 7035.1800** Permit Application and Required Plans for Industrial Solid Waste Land Disposal Facilities {#sec-7035.1800 omnilex-key=us-mn-regs-official--agency-167--7035.1800}
Plans, including a permit application, report, and drawings must be prepared by a registered engineer of Minnesota. Four complete sets of the plans shall be submitted to the agency. The submitted plans must include the following:
A. A completed permit application form.
B. An engineering report including:
C. Drawings, folded to 8-1/2 inch by 11 inch size, including:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.1900** Basic Permit, Certification, and Compliance Requirements for Industrial Solid Waste Land Disposal Facilities {#sec-7035.1900 omnilex-key=us-mn-regs-official--agency-167--7035.1900}
An industrial solid waste land disposal facility must not be opened or placed into operation until:
A. An agency permit has been issued.
B. A construction certification has been approved by the commissioner. The certification, signed by the project engineer, must certify, with any exceptions listed, that the construction has been completed in accordance with the plans and agency permit. The engineer must certify that an agency-approved water monitoring system is functional and include an analysis of background water monitoring samples. If any construction has been scheduled in the plans for phase development subsequent to the initial operation, then a similar certification must be approved for each phase before it is operated.
C. The facility is consistent with the county solid waste management system plan.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: L 1987 c 186 s 15; 13 SR 1150*
##### **Minn. R. 7035.2000** [Repealed, 13 SR 1150] {#sec-7035.2000 omnilex-key=us-mn-regs-official--agency-167--7035.2000}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.2100** [Repealed, 13 SR 1150] {#sec-7035.2100 omnilex-key=us-mn-regs-official--agency-167--7035.2100}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.2200** [Repealed, 13 SR 1150] {#sec-7035.2200 omnilex-key=us-mn-regs-official--agency-167--7035.2200}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.2300** [Repealed, 13 SR 1150] {#sec-7035.2300 omnilex-key=us-mn-regs-official--agency-167--7035.2300}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.2400** [Repealed, 13 SR 1150] {#sec-7035.2400 omnilex-key=us-mn-regs-official--agency-167--7035.2400}
[Repealed, 13 SR 1150]
##### **Minn. R. 7035.2500** Industrial Solid Waste Land Disposal Facility Abandonment {#sec-7035.2500 omnilex-key=us-mn-regs-official--agency-167--7035.2500}
**Subpart 1. Scope.**
This part applies to all industrial solid waste land disposal facilities.
**Subp. 2. Duty to close the facility.**
The person or persons, as defined in part 7035.0300, having the responsibility for the operation of the facility must accomplish the closure of the facility.
**Subp. 3. Closure procedure.**
The closure of the facility must include the following procedures:
A. Close access to the facility and prohibit waste disposal.
B. Eradicate rodents.
C. Provide measures to protect ground water and surface water.
D. Divert surface water drainage around and away from the disposal area.
E. Compact the waste and cover with a minimum of two feet of compacted earth material.
F. Establish and maintain final grade to promote surface water runoff without excessive erosion. Seed to provide suitable vegetation.
G. Record a detailed description, including a plat, with the county recorder. The description must include general types and location of wastes, depth of fill, and other information of interest to potential land owners.
H. An authorized official must properly complete the disposal site closure record and submit it to the agency.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2525** Solid Waste Management Facilities Governed {#sec-7035.2525 omnilex-key=us-mn-regs-official--agency-167--7035.2525}
**Subpart 1. General requirements.**
Parts 7035.2525 to 7035.2915 apply to owners and operators of all facilities that treat, transfer, store, process, or dispose of solid waste except as specifically provided otherwise in this part.
**Subp. 2. Exceptions.**
Parts 7035.2525 to 7035.2915 do not apply to the following solid waste management facilities or persons, except as indicated:
A. backyard compost sites;
B. recycling facilities in compliance with part 7035.2845 must only comply with parts 7035.2535, subparts 1, 2, and 3, 7035.2545, 7035.2555, 7035.2565, 7035.2595, 7035.2605, and 7035.2625, subparts 1 and 2;
C. recycling drop-off sheds, divided roll-off boxes, separate dumpsters, and other containers or small structures where recyclable materials that have been separated from mixed municipal solid waste by the generator in order to avoid contaminating the materials or to expedite the collection or processing of them for recycling are collected in total volumes not exceeding 40 cubic yards, at any one time, must only comply with part 7035.2845, subpart 3;
D. individual generators of recyclable materials, such as homeowners, businesses, and government agencies;
E. manufacturers using recyclable materials as feedstock;
F. industrial solid waste land disposal facilities, except that those receiving an initial permit after January 1, 2011, must comply with parts 7035.2555 and 7035.2615 to 7035.2805;
G. solid waste from the extraction, beneficiation, and processing, of ores and minerals stored, collected, transferred, transported, utilized, processed, and disposed of or reclaimed, provided the facility is permitted for such use under part 7001.0020, item D, and chapter 6130;
H. permit-by-rule transfer facilities in compliance with part 7001.3050, subpart 3, item A, must only comply with parts 7035.2535, subparts 1, 2, 3, 4, items A, B, D, and E, and 5; 7035.2545; 7035.2555; 7035.2565, subparts 1, 3, and 4; 7035.2575, subparts 1 and 2; 7035.2585; 7035.2595; 7035.2605; 7035.2625; 7035.2635; 7035.2855; and 7035.2870, subparts 2 and 5;
I. mobile transfer facilities in compliance with part 7001.3050, subpart 2, item G, must only comply with parts 7035.2535, subpart 1; 7035.2565, subparts 1, 3, and 4; and 7035.2870, subpart 2;
J. temporary community cleanup event transfer facilities in compliance with part 7001.3050, subpart 2, item H, must only comply with parts 7035.2535, subpart 1; 7035.2565, subparts 1, 3, and 4; and 7035.2870, subpart 2;
K. limited collection transfer facilities in compliance with part 7001.3050, subpart 2, item I, must only comply with parts 7035.2535, subpart 1; 7035.2555; 7035.2565, subparts 1, 3, and 4; and 7035.2870, subpart 2; and
L. small compost sites must only comply with parts 7035.2535, subpart 1, items A to E; 7035.2555; and 7035.2565.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321; 19 SR 2330; 21 SR 1642; 30 SR 529; 36 SR 1047; 36 SR 1352; 39 SR 857*
##### **Minn. R. 7035.2535** General Solid Waste Management Facility Requirements {#sec-7035.2535 omnilex-key=us-mn-regs-official--agency-167--7035.2535}
**Subpart 1. Unacceptable wastes.**
The owner or operator of a solid waste management facility must not accept the following wastes for treatment, storage, processing, transfer, or disposal:
A. hazardous wastes, categorized according to Minnesota Statutes, chapters 115B and 116, and Minnesota Rules, chapter 7045, or wastes that have not been evaluated pursuant to parts 7045.0214 to 7045.0217;
B. sewage sludge, septic tank pumpings, sewage sludge compost, or sewage unless treated to meet the Class B pathogen reduction standards of chapter 7041;
C. infectious wastes, unless approved by the agency;
D. used oil, except as provided in subpart 5, item B;
E. radioactive waste;
F. wastes containing free liquids; or
G. free liquids.
**Subp. 2. Required notices.**
The owner or operator of a solid waste management facility must notify the agency before transferring ownership or operation of a solid waste management facility during its operating life or during the postclosure care period. The owner or operator must also notify the new owner or operator in writing of the requirements of parts 7035.2525 to 7035.2915 and existing permit conditions. No ownership or operation transfer may occur without a permit modification as required in part 7001.0190, subpart 2. The facility must be in substantial compliance with all agency rules before the agency will approve a transfer.
**Subp. 3. Security.**
During the active life of the solid waste management facility, the closure period, and postclosure care period, as required, the owner or operator must prevent, by use of a fence or similar device, the unauthorized entry of persons or livestock onto the facility, unless the owner or operator demonstrates to the commissioner that:
A. physical contact with the waste, structure, or equipment at the facility will not injure unknowing or unauthorized persons or livestock that could enter the facility; and
B. disturbance of the waste or equipment will not cause a violation of parts 7035.2525 to 7035.2915.
**Subp. 4. General inspection requirements.**
General inspection requirements include the information required in items A to E.
A. The owner or operator must inspect the facility for malfunctions, deterioration, or discharges that may result in either the release of pollutants to the environment or a threat to human health. The owner or operator must conduct these inspections according to the schedule developed under item B.
B. The owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment used to prevent, detect, or respond to environmental or human health hazards. The owner or operator must retain a copy of the schedule at the facility. The schedule must identify the types of problems to look for during the inspection including inoperative sump pumps, damaged well casings, clogged leachate collection systems, eroding dikes, and damaged survey markers.
C. The owner or operator shall submit the inspection schedule with the permit application. The commissioner must evaluate the schedule to ensure that it will result in protection of human health and the environment. The owner or operator must revise the schedule when conditions at the site warrant revisions and whenever the facility design is modified.
D. The owner or operator must remedy any deterioration or malfunction of equipment or structure within two weeks after an inspection, or as approved by the commissioner based on the nature of the problem, availability of materials, and other factors that influence repair efforts.
E. The owner or operator must record inspections in an inspection log or summary and must keep these records for at least five years after the date of inspection. If the owner or operator is involved in an enforcement action, all records must be retained until the action is resolved. The records must include the date and time of the inspection, the name of the inspector, the observations made, and the date and nature of any repairs or other actions taken.
**Subp. 5. Industrial solid waste management.**
All industrial solid waste delivered to a solid waste management facility must be managed by the owner or operator to protect human health and the environment. The industrial solid waste management plan required under part 7001.3300 must address items A to C, except that the industrial solid waste management plan for a municipal solid waste combustor ash land disposal facility need not comply with items B and C.
A. The plan must include a discussion of how the owner or operator will manage all industrial solid wastes received at the facility. The owner or operator must specify:
B. The plan must address how the following categories of waste will be managed to comply with the requirements of item A, subitems (2) to (4):
C. The owner or operator must indicate in the plan any wastes in item B or D that will not be accepted at the facility.
D. The owner or operator need not address the following wastes in the plan:
E. The owner or operator must amend the plan whenever the management practices or wastes identified in items A and B have changed. The owner or operator shall submit the amended plan to the commissioner for approval or disapproval.
**Subp. 6. Household hazardous waste management.**
A solid waste management facility operator, not including a transfer facility operator, must develop a plan by June 30, 1992, addressing household hazardous wastes and must include in the plan an explanation of how it will comply with the requirements of items A to C.
A. The facility operator must provide a summary of the approved county plan for household hazardous waste education programs and management and a discussion of how the operator will participate in county activities and coordinate with that plan.
B. The facility operator shall participate with the operator's county in education programs or projects which will promote the identification and reduction of household hazardous waste in the home and which will promote the proper handling and disposal of this waste. Such projects undertaken by the facility operator must be coordinated with county projects whenever possible and literature or other public information must be consistent with the county's household hazardous waste public education programs. In addition to activities conducted in conjunction with the county's program, facility activities must include:
C. Household hazardous waste that is segregated from other solid waste and managed at the facility must be managed according to part 7045.0310 or applicable hazardous waste generator standards.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 15 SR 2106; 16 SR 2321; 20 SR 715; 21 SR 327; 21 SR 1642; 28 SR 1086; 30 SR 529*
##### **Minn. R. 7035.2545** Personnel Training {#sec-7035.2545 omnilex-key=us-mn-regs-official--agency-167--7035.2545}
**Subpart 1. General.**
Solid waste management facility personnel must successfully complete a program of classroom instruction or on-the-job training. The program must prepare facility personnel to maintain compliance with parts 7035.2525 to 7035.2915. Personnel must complete all training within six months after November 15, 1988, or within six months after the date of employment. The owner or operator must record all personnel training on the facility operating record and submit the dates of training in the annual report.
**Subp. 2. Owner or operator of a land disposal facility.**
Certified owners or operators must be present at a land disposal facility as required by parts 7048.0100 to 7048.1300. A certified operator must be present at a land disposal facility during operating hours.
**Subp. 3. Minimum program requirements.**
The training program must include training of solid waste management facility personnel about procedures relevant to their positions including contingency action plan implementation. The program must train facility personnel to deal effectively with problems at the site including:
A. using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
B. activating communication and alarm systems;
C. activating automatic waste feed cutoff systems;
D. responding to fires;
E. responding to facility failures, including erosion and failure of liners or monitoring devices;
F. responding to ground water or surface water pollution incidents;
G. accepting and managing waste other than mixed municipal solid waste approved for storage or disposal at the facility;
H. rejecting waste not permitted at the facility; and
I. water sampling.
**Subp. 4. Training update.**
The training program must establish procedures for an annual review of the initial training required in subparts 1 to 3 and for training as the facility is modified.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321*
##### **Minn. R. 7035.2555** Location Standards {#sec-7035.2555 omnilex-key=us-mn-regs-official--agency-167--7035.2555}
**Subpart 1. Floodplains.**
An owner or operator may not locate a new solid waste management facility in a floodplain.
**Subp. 2. Other location standards.**
An owner or operator may not establish or construct a solid waste management facility in the following areas:
A. within a shoreland or wild and scenic river land use district governed by chapters 6105 and 6120;
B. within a wetland; or
C. within a location where emissions of air pollutants would violate the ambient air quality standards in chapters 7005, 7007, 7009, 7011, 7017, 7019, and 7028 and parts 7023.0100 to 7023.0120.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321*
##### **Minn. R. 7035.2565** Groundwater Quality, Surface Water Quality, and Air Quality and Soil Protection {#sec-7035.2565 omnilex-key=us-mn-regs-official--agency-167--7035.2565}
**Subpart 1. Duty to protect water.**
Solid waste management facilities must be located, designed, constructed, and operated to contain sediment, solid waste, and leachate and to prevent pollution of groundwater and surface water. The owner or operator must take corrective action as necessary to end continuing releases and to minimize or abate any resulting ground water or surface water pollution. As required by parts 7050.0150 and 7060.0600, the owner or operator must monitor the facility, surface water, and groundwater as directed by the agency.
**Subp. 2. Designation of compliance boundaries, standards, intervention limits.**
The commissioner shall designate compliance boundaries, standards, and intervention limits for mixed municipal solid waste land disposal facilities in the permit, order, or stipulation agreement, as required in part 7035.2815, subpart 4. The commissioner shall designate compliance boundaries, standards, and intervention limits for other solid waste facilities, including demolition debris land disposal facilities and compost facilities, if a release could pollute or degrade ground water or surface water.
**Subp. 3. Air quality protection.**
A person who operates or maintains a solid waste management facility or permits the use of property for such, must operate and maintain the site in conformance with the agency air pollution control rules. Open burning is prohibited, unless a permit is obtained as provided in Minnesota Statutes, section 88.17, and the material to be burned complies with Minnesota Statutes, section 88.171.
**Subp. 4. Soil protection.**
Solid waste management facilities must be located, designed, constructed, and operated to minimize the contamination of soils from solid waste. For this subpart, soil contamination does not include soil liners.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 16 SR 865; 30 SR 529*
##### **Minn. R. 7035.2575** Operating Record {#sec-7035.2575 omnilex-key=us-mn-regs-official--agency-167--7035.2575}
**Subpart 1. Record requirement.**
The owner or operator must keep a written operating record at the facility, as specified in subpart 2.
**Subp. 2. Record information.**
The owner or operator of a solid waste management facility must record and maintain the following information in the operating record for a minimum of five years after closure of the facility or until any pending enforcement action is resolved:
A. The amount by volume or weight of mixed municipal solid waste received for each day, the management techniques used, and the date received. The amount of waste received may be reported by weight, if the facility design includes scales for this purpose.
B. The amount and description of industrial solid waste received each day, the generator's name, the point of generation, the method of handling, and the date received. The record must list separately the amount of each type of waste received.
C. For land disposal facilities, the location, including the horizontal and vertical dimension in the phase, and quantity of industrial solid waste received in quantities greater than ten cubic yards at a time.
D. Summary reports and details of incidents that require implementing the contingency plan specified in part 7035.2615, subpart 3.
E. Records and results of inspections required by part 7035.2535, subpart 4.
F. Monitoring, testing, or analytical data required by parts 7035.2815 to 7035.2875.
G. For a municipal solid waste combustor ash land disposal facility, the amount by volume or weight of municipal solid waste combustor ash received for each day from each ash generator which delivers ash to the facility, and the date received.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321*
##### **Minn. R. 7035.2585** Annual Report {#sec-7035.2585 omnilex-key=us-mn-regs-official--agency-167--7035.2585}
The owner or operator of a solid waste management facility shall prepare and submit a single copy of an annual report to the commissioner no later than March 1 for the preceding calendar year. A report form and instructions may be obtained from the commissioner. The annual report must cover all facility activities during the previous calendar year and must include the following information:
A. the permit number, name, and address of the solid waste management facility;
B. the year covered by the report;
C. the quantity of each type of waste handled at the solid waste management facility;
D. the remaining capacity for storage or disposal of waste at the facility based on the amount of waste received and the original site capacity approved;
E. the rates charged at the solid waste management facility and anticipated changes in the rate for the next year;
F. the most recent closure cost estimate prepared under part 7035.2625, the most recent contingency action cost estimate under part 7035.2615, and, for land disposal facilities, the most recent postclosure cost estimate under part 7035.2645;
G. an assessment of the adequacy of the closure, postclosure, and contingency action plans;
H. the summary evaluation of the groundwater monitoring program required under parts 7035.2815, subpart 14, item Q; and 7035.2885, subpart 16;
I. the summary evaluation reports required for the specific solid waste management facilities in parts 7035.2825, subpart 9; 7035.2836, subparts 3, item G, 5, items J and K, and 11, item B, subitem (14); 7035.2845, subpart 4a; and 7035.2875, subpart 5;
J. the personnel training information required by part 7035.2545, subpart 1;
K. a certification by the owner or operator of the solid waste management facility; and
L. for transfer facilities or source-separated organic material compost facilities operating under an extended permit term, the information required in part 7001.3410, subpart 2. Waste facilities that do not dispose of waste need not include items D, H, and I.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07; L 2021 1Sp6 art 2 s 131*
- *History: 13 SR 1150; 16 SR 2321; 19 SR 2330; 21 SR 327; 30 SR 529; 39 SR 857; 46 SR 747*
##### **Minn. R. 7035.2595** Emergency Preparedness and Prevention {#sec-7035.2595 omnilex-key=us-mn-regs-official--agency-167--7035.2595}
**Subpart 1. Design and operation of a solid waste management facility.**
The owner or operator must design, construct, maintain, and operate a solid waste management facility to minimize the possibility of a fire, explosion, or any release to air, land, or water of pollutants that threaten human health and the environment.
**Subp. 2. Required equipment.**
The owner or operator must equip the solid waste management facility with the following, unless the owner or operator demonstrates to the commissioner that none of the hazards posed by the waste requires the particular equipment specified below:
A. a communications device, such as a telephone or a hand-held two-way radio, which is immediately available and is capable of summoning emergency assistance from local police departments or fire departments; and
B. fire control contracts and devices for the class of fire expected to occur at the facility.
**Subp. 3. Testing and maintenance of equipment.**
All communication and fire control equipment must be tested at least annually and maintained to ensure proper operation in time of emergency.
**Subp. 4. Arrangements with local authorities for emergencies.**
The owner or operator of a solid waste management facility must make prior arrangements with local police and fire departments for services that may be needed at the facility.
**Subp. 5. Procedural manual.**
The owner or operator of a solid waste management facility must prepare and maintain at the facility a procedural manual for facility personnel to use in time of emergency. The manual must contain:
A. a list of names and telephone numbers of local fire and police departments;
B. a list of the equipment available at the site such as fire extinguishers, communication and alarm systems, earthmoving equipment, and a brief description as to when and how the equipment is to be used;
C. a description of the procedures to be followed from discovery until the situation is corrected or the contingency action plan is activated, including a facility coordinator, notification procedures to local authorities and the agency, control measures, and cleanup; and
D. a description of prior arrangements made with local police and fire departments.
**Subp. 6. Assessment of hazards.**
The owner or operator of the solid waste management facility must assess the possible hazards to human health and the environment from a release, explosion, or fire. The owner or operator of the facility must notify the commissioner within 48 hours of any release, explosion, or fire.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2605** Emergency Procedures {#sec-7035.2605 omnilex-key=us-mn-regs-official--agency-167--7035.2605}
**Subpart 1. Containment measures.**
During an emergency, the owner or operator must take all reasonable measures to ensure that fires, explosions, and releases do not occur, recur, or spread. The owner or operator must also contain, recover, and treat liquids that come in contact with the waste during an emergency response action.
**Subp. 2. Report.**
The owner or operator shall submit to the commissioner within two weeks after an emergency a written report describing the emergency and the procedures followed to minimize potential hazards to human health and the environment. After the owner or operator completes emergency procedures to control any possible hazards resulting from the release, explosion, or fire, the owner or operator must refer to the contingency action plan to determine the necessary follow-up actions. The owner or operator must assess the adequacy of the emergency procedural manual and make appropriate changes to correct any inadequacies.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2610** Construction Certification {#sec-7035.2610 omnilex-key=us-mn-regs-official--agency-167--7035.2610}
A new facility or any new design feature at an existing facility may not be opened or placed into operation until a construction certification has been approved by the commissioner. The construction certification must be signed by an engineer registered in Minnesota and the owner or operator. The construction certification must address the features modified during construction and the features constructed as approved in the permit. The certification must indicate the facility is operational. The certification must contain as-built plans, samples taken, test results, and an explanation why the facility or any part was modified. The commissioner must conduct site inspection before construction is certified.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2615** Contingency Action Plan {#sec-7035.2615 omnilex-key=us-mn-regs-official--agency-167--7035.2615}
**Subpart 1. General requirements.**
An owner or operator must prepare and maintain a contingency action plan at the solid waste management facility. The contingency action plan must identify occurrences that would endanger human health and the environment and must establish procedures that would minimize hazards to human health and the environment. The contingency action plan must contain the information in subpart 3 and the contingency requirements for the particular facility.
**Subp. 2. Implementation of plan.**
Within the period specified in the approved contingency action plan, the owner or operator must implement the provisions of the plan that would minimize the adverse effects to human health or the environment from vandalism, fires, explosions, failure or collapse of artificial or natural dikes, or liners, water quality violations, surface drainage problems, air emission violations, and other releases.
**Subp. 3. Content of contingency action plan.**
The contingency action plan must contain the following:
A. an identification of the possible events that may require corrective actions such as violations of intervention limits or water quality standards, failure of design features, settlement of completed areas, and surface drainage problems;
B. a description of the actions, the sequence and the timetable in which they will be taken, and the costs associated with each corrective action;
C. the equipment needed to repair each condition and the on-site and off-site availability of the equipment;
D. any prior arrangements with contractors;
E. scheduled and unscheduled down times for maintenance at the facility; and
F. an estimated cost for each action, for the most severe action that may be needed, and all actions.
**Subp. 4. Amendment of contingency action plan.**
The owner or operator must review and amend the contingency action plan whenever:
A. the solid waste management facility permit is reissued;
B. a failure or release occurs for which the plan did not provide an appropriate response; or
C. the design, construction, operation, or maintenance of the solid waste management facility changes so that the response needed to a failure or release changes.
**Subp. 5. Copies of contingency action plan.**
A copy of the contingency action plan and revisions to the plan must be submitted to the commissioner with the permit application. After modification or approval, compliance with the plan must be a condition of any permit issued, and the plan must be retained at the solid waste management facility.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2625** Closure {#sec-7035.2625 omnilex-key=us-mn-regs-official--agency-167--7035.2625}
**Subpart 1. Closure.**
The owner or operator of a solid waste management facility must cease to accept waste and must immediately close the facility in compliance with this part and parts 7035.2635 and 7035.2815 to 7035.2915, when:
A. the owner or operator declares the solid waste management facility closed;
B. for a land disposal facility, all fill areas reach permitted final grade;
C. an agency permit held by the facility expires, and renewal of the permit is not applied for, or is applied for and denied;
D. an agency permit for the facility is revoked;
E. an agency order to cease operations is issued;
F. the facility is an existing unpermitted land disposal site;
G. the capacity for the county or facility certified under Minnesota Statutes, section 115A.917 or 473.823 is exceeded;
H. the required financial assurance for closure, postclosure care, or corrective actions is not maintained with the proper payment or substitute instrument;
I. the facility is unpermitted, is not a land disposal site, or is required to be permitted under parts 7001.0010 to 7001.1220 and 7001.1400 to 7001.3550 and the owner or operator has not applied for a permit within 180 days after November 15, 1988; or
J. the facility is a transfer facility operating under an extended permit term and was required by the agency to apply for a permit and failed to do so or applied for the permit as required by the agency and was denied.
**Subp. 2. Closure performance standard.**
The owner or operator must close the solid waste management facility in a manner that eliminates, minimizes, or controls the escape of pollutants to ground water or surface waters, to soils, or to the atmosphere during the postclosure period.
**Subp. 3. Submittal and contents of closure plan.**
The owner or operator of a solid waste management facility shall submit a closure plan with the permit application, or as required by a closure document, or in order to establish financial assurance mechanisms in accordance with part 7035.2695. For unpermitted land disposal sites, the owner or operator shall submit a closure plan within 90 days after November 15, 1988. The agency shall approve the closure plan as part of the permit issuance procedure or as part of a submittal required by a closure document or other enforcement action. Compliance with the approved closure plan must be a condition of any permit, order, closure document, or stipulation agreement issued for the facility. The closure plan must be consistent with subparts 2, 4, and 5, part 7035.2635, and the applicable closure requirements of parts 7035.2665; 7035.2815, subpart 16; and 7035.2825 to 7035.2915.
A copy of the approved closure plan, and all revisions to the plan, must be kept at the facility until closure is completed and certified under part 7035.2635. Except for transfer facilities and other facilities that will not have waste present following closure, the agency will issue a closure document in accordance with part 7001.3055. The plan must identify steps needed to close each fill phase, if appropriate, and the entire site at the end of its operating life. The closure plan must include:
A. A description of how and when each fill phase and the entire facility will be closed. The description must identify how the requirements of subparts 2 and 5, parts 7035.2635; and 7035.2815 to 7035.2915 will be complied with. The description must include the estimated year of closure and a schedule for completing each fill phase.
B. An estimate of the maximum quantity of wastes in storage at any time during the life of the facility.
C. A cost estimate including an itemized breakdown for closure of each fill phase, for land disposal facilities and the total cost associated with closure activities at solid waste management facilities.
**Subp. 4. Amendment of plan.**
The owner or operator may amend the closure plan any time during the life of the facility. The owner or operator must amend the plan whenever changes in the operating plan or facility design affect the closure procedures needed and whenever the expected year of closure changes. If a permit modification as authorized in part 7001.3550 is needed, the owner or operator shall submit an amended closure plan with the modification request. In all other cases, the owner or operator must request a modification of the plan, or, for transfer facilities operated under an extended permit term, make a modification to the plan as provided under part 7001.3410, subparts 1, item D, and 2, within 60 days of any change or event that affects the closure plan.
**Subp. 5. Notification of final facility closure.**
The owner or operator shall notify the commissioner at least 90 days before final facility closure activities are to begin. If the permit for the facility has been terminated and a closure document has been issued, this requirement does not apply. However, the owner or operator must close the facility in accordance with procedures established in the closure plan and closure document.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321; 18 SR 614; 30 SR 529*
##### **Minn. R. 7035.2635** Closure Procedures {#sec-7035.2635 omnilex-key=us-mn-regs-official--agency-167--7035.2635}
**Subpart 1. Completion of closure activities.**
Within 30 days after receiving the last shipment of waste, the owner or operator must begin the final closure activities outlined in the approved closure plan for the solid waste management facility or closure document. Closure activities must be completed according to the approved closure plan. The commissioner may approve a longer period if the owner or operator demonstrates that the closure activities will take longer due to adverse weather or other factors not in the control of the owner or operator.
**Subp. 2. Closure procedures.**
If one or more of the conditions of part 7035.2625, subpart 1 exists, the owner or operator must:
A. Complete the appropriate activities outlined in the approved closure plan, closure document, stipulation agreement, and parts 7035.2815 to 7035.2915, as appropriate.
B. Complete final closure activities consisting of at least:
**Subp. 3. Certification of closure.**
For solid waste disposal facilities, when the final facility or fill phase closure is completed, the owner shall submit to the commissioner certification by the owner and an engineer registered in Minnesota that the facility or phase has been closed in accordance with subpart 2. The certification must contain: a completed and signed Site Closure Record and as-built plans showing changes from the original design plans; testing results indicating compliance with final cover, waste removal, equipment decontamination, and other closure requirements; and other forms of documentation such as pictures showing the construction techniques used during closure. The final facility closure certification must include a copy of the notation filed with the county recorder and carrying the recorder's seal. For all other facilities, the owner or operator shall submit to the commissioner a document including certification under part 7001.0070, demonstrating that all steps in the closure plan have been completed.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321; 30 SR 529*
##### **Minn. R. 7035.2645** Postclosure {#sec-7035.2645 omnilex-key=us-mn-regs-official--agency-167--7035.2645}
**Subpart 1. Submittal of postclosure plan.**
The landowner and the owner of a solid waste disposal facility shall submit a postclosure plan with the permit application. The agency must approve the plan in accordance with part 7001.3055 as part of the permit issuance procedure or as a submittal required by a closure document, stipulation agreement, or other enforcement action. Compliance with the approved postclosure plan shall be a condition of any permit or closure document issued.
**Subp. 2. Postclosure plan.**
The landowner and the facility owner must keep a copy of the approved plan and amendments at the facility until the postclosure care period begins. During the postclosure care period, the plan must be kept by the contact person identified in item C. This plan must identify the activities to be carried on during the postclosure care period and the frequency of these activities, and must include at least:
A. A description, schedule, and estimated costs of planned monitoring activities to comply with parts 7035.2815, subparts 10 and 14, and 7035.2885, subpart 16, during the postclosure care period.
B. A description, schedule, and estimated costs of the inspection and maintenance activities planned to ensure the integrity of the final cover and other containment systems according to parts 7035.2815, subpart 13, and 7035.2885, subpart 15, and the function of the facility monitoring equipment according to parts 7035.2815, subpart 14, and 7035.2885, subpart 16.
C. The name, address, and telephone number of the person or office to contact about the facility during the postclosure care period. This person or office must keep an updated postclosure plan during the postclosure care period.
**Subp. 3. Amendment to plan.**
The landowner and the facility owner may amend the postclosure plan at any time during the active life of the facility or during the postclosure care period. The landowner and the facility owner must amend the plan whenever changes in the operating plans, or facility design, or other events during the active life of the facility or the postclosure period affect the postclosure plan. The landowner and the facility owner must amend the plan whenever there is a change in the expected year of closure. The amended plan must be approved by the commissioner.
When a permit modification is requested to authorize a change in operating plans or facility design that will affect the postclosure plan, the landowner and facility owner must modify the postclosure plan at the same time. In all cases, the landowner or facility owner must request a modification of the plan within 60 days of any change or event that affects the postclosure plan.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321; 30 SR 529*
##### **Minn. R. 7035.2655** Postclosure Care and Use of Property {#sec-7035.2655 omnilex-key=us-mn-regs-official--agency-167--7035.2655}
**Subpart 1. Postclosure care requirements.**
Postclosure care requirements apply to solid waste disposal facilities and are as follows:
A. Postclosure care must continue for at least 20 years after the date of completing closure. Terminating the postclosure care period requires approval from the commissioner based on the requirements of item B.
B. During the postclosure care period, based on the results of sampling, analysis, and other pertinent information, the commissioner may reevaluate and modify the closure document to the extent postclosure care is needed at a facility based on compliance with the requirements of item C; subpart 2; parts 7035.2565, and 7035.2815 to 7035.2915; and gas, leachate, or ground and surface water monitoring results.
C. All postclosure care activities must be in accordance with the approved postclosure plan.
**Subp. 2. Postclosure use of property.**
The landowner must not allow postclosure use of the facility property to disturb the integrity of final covers, liners, or any other components of any containment system, or the function of the facility's monitoring system, unless the commissioner determines that the disturbance:
A. is necessary to the proposed use of the property and will not cause a violation of the standards outlined in parts 7035.2565 and 7035.2815, subpart 4; and
B. is necessary to remedy a violation of the standards in parts 7035.2565 and 7035.2815, subpart 4.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07; L 2024 c 116 art 2 s 30*
- *History: 13 SR 1150; 16 SR 2321; 30 SR 529; 50 SR 152*
##### **Minn. R. 7035.2665** Scope {#sec-7035.2665 omnilex-key=us-mn-regs-official--agency-167--7035.2665}
Parts 7035.2685 to 7035.2805 apply to owners and operators of:
A. mixed municipal solid waste land disposal facilities;
B. municipal solid waste combustor ash land disposal facilities; and
C. the following facilities that received an initial permit after January 1, 2011: an industrial waste land disposal facility and a demolition debris land disposal facility, except those solid waste land disposal facilities that accept only demolition and construction debris and incidental nonrecyclable packaging and certain industrial wastes limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting from the manufacture of building materials.
**History**
- *Statutory Authority: MS s 115.03; 115A.97; 116.07*
- *History: 13 SR 1150; 16 SR 2321; 36 SR 1352*
##### **Minn. R. 7035.2685** Cost Estimates for Closure, Postclosure Care, and Corrective Action {#sec-7035.2685 omnilex-key=us-mn-regs-official--agency-167--7035.2685}
**Subpart 1. Cost estimate requirements.**
The following provisions apply to cost estimates.
A. The owner or operator shall make a written estimate, in current dollars, of the cost of closing the facility in accordance with part 7035.2625 and applicable closure requirements in part 7035.2635. The estimate must be calculated according to subitems (1) and (2).
B. The owner or operator of a facility subject to postclosure monitoring or maintenance requirements shall make a written estimate, in current dollars, of the annual cost of monitoring and maintenance of the facility in accordance with the applicable postclosure requirements in part 7035.2645. The estimate must be calculated according to subitems (1) and (2).
C. The owner or operator shall make a written estimate, in current dollars, of the cost of performing contingency action. The contingency action cost estimate must equal the expected value of implementing the contingency action plan required under part 7035.2615. The owner or operator of a new facility may use method (1) or (2) to calculate the expected value of implementing the contingency action plan. The owner or operator of an existing facility must use method (2) to calculate the expected value of implementing the contingency action plan.
**Subp. 2. Yearly update of cost estimate.**
During the operating life of the facility, the owner or operator shall adjust the cost estimates required in subpart 1 for inflation annually before the anniversary of the date on which the first cost estimates were prepared. The adjustment must be made using an inflation factor derived from the annual Implicit Price Deflator for Gross National Product as found in the Survey of Current Business issued by the United States Department of Commerce. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. The commissioner shall inform the owner or operator of the inflation factor needed to adjust cost estimates. Adjustments must be made by multiplying the latest cost estimate by the inflation factor. The result is the adjusted cost estimate.
In addition to any yearly update made under this subpart, the owner or operator must revise the cost estimates whenever a change in site conditions increases the cost of closure, postclosure care, or corrective action. The revised cost estimates must be adjusted for inflation as specified in this subpart.
**Subp. 3. Record retention.**
The owner or operator must keep at the facility during the operating life of the facility: the latest cost estimates prepared in accordance with subpart 2, and, when the estimates have been adjusted in accordance with subpart 2, the latest adjusted cost estimates.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 15 SR 2308*
##### **Minn. R. 7035.2695** Financial Assurances Required {#sec-7035.2695 omnilex-key=us-mn-regs-official--agency-167--7035.2695}
A. The owner or operator of a mixed municipal solid waste land disposal facility or a municipal solid waste combustor ash land disposal facility that received an initial permit prior to January 1, 2011, shall establish financial assurance for closure, postclosure care and corrective action at the facility by using one or more of the financial assurance mechanisms specified in parts 7035.2705 to 7035.2750.
B. For facilities that received an initial permit after January 1, 2011, the owner or operator of a mixed municipal solid waste land disposal facility, a municipal solid waste combustor ash land disposal facility, an industrial waste land disposal facility, or a demolition debris land disposal facility, except those solid waste land disposal facilities that accept only demolition and construction debris and incidental nonrecyclable packaging and certain industrial wastes limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting from the manufacture of building materials, shall establish financial assurance for closure, postclosure care, and corrective action at the facility by using one or more of the standardized financial assurance mechanisms specified in parts 7035.2705 to 7035.2745, or alternatively may propose a nonstandardized financial assurance mechanism under part 7035.2751 for approval by the commissioner. These facilities must maintain financial assurance as long as the facility poses a potential environmental risk to human health, wildlife, or the environment, as determined by the agency following an empirical assessment conducted under part 7035.2655.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 36 SR 1352*
##### **Minn. R. 7035.2705** Trust Fund {#sec-7035.2705 omnilex-key=us-mn-regs-official--agency-167--7035.2705}
Items A to M apply to trust funds:
A. An owner or operator may satisfy the requirements of part 7035.2695 by establishing a trust fund that conforms to the requirements of items A to M and by submitting to the commissioner an originally signed duplicate of the trust agreement. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or Minnesota state agency.
B. The wording of the trust agreement must be identical to the wording specified in part 7035.2805, subpart 1, and must be accompanied by a formal certification of acknowledgment as shown in part 7035.2805, subpart 2. The trust agreement must be updated within 60 days after a change in the amount of the current cost estimates covered by the agreement.
C. The owner or operator must make monthly payments into the trust fund over the term of the pay-in period. The payments into the trust fund must be made as described in subitems (1), (2), and (3).
D. The owner or operator may make payments less than those calculated under item C under the following conditions:
E. The owner or operator may accelerate payments into the trust fund or may deposit the full amount of the sum of the current cost estimates at the time the fund is established. However, the owner or operator shall maintain the value of the fund at no less than the value that the fund would have if annual payments were made as specified in item C.
F. If the owner or operator establishes a trust fund after having used one or more alternate financial assurance mechanisms specified in parts 7035.2705 to 7035.2750, the first payment into the trust fund must be at least the amount that the fund would contain if the trust fund were established initially and monthly payments made according to specifications of this part.
G. If the sum of the current cost estimates changes, the owner or operator shall compare the new estimates with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimates, the owner or operator, within 60 days after the change in the cost estimates, shall either change the trust fund pay-in schedule so that it incorporates the changes in the sum of the current cost estimates and submit evidence of this change to the commissioner, or establish other financial assurance mechanisms as specified in parts 7035.2705 to 7035.2750 to cover the difference.
H. During the operating life of the facility, if the value of the trust fund is greater than the sum of the current cost estimates, the owner or operator may submit a written request together with supporting documents to the commissioner for release of the amount in excess of the sum of the current cost estimates covered by the trust fund.
I. If an owner or operator substitutes other financial assurance mechanisms as specified in parts 7035.2705 to 7035.2750 in place of all or part of the trust fund, the owner or operator may submit a written request to the commissioner for release of the amount in excess of the sum of the current cost estimates covered by the trust fund.
J. Within 60 days after receiving a request from the owner or operator for release of funds as specified in item H or I, the commissioner shall instruct the trustee to release to the owner or operator funds in excess of the current cost estimates covered by the trust fund.
K. The trustee shall notify the owner or operator and the commissioner by certified mail within ten days if a payment is not made on the required date. The owner or operator must then stop accepting waste until the required payment is made. If the required payment is not made within 60 days of the commissioner's receipt of the nonpayment notice, the owner or operator shall close the facility as provided in part 7035.2635.
L. After beginning actions at the facility that are specified in closure, postclosure care or contingency action plans, an owner, operator, or other person authorized to perform those actions may request reimbursement for expenditures on completed work by submitting itemized bills to the commissioner. Within 90 days after receiving bills for closure activities, postclosure care or contingency actions, the commissioner shall determine whether the expenditures are in accordance with the appropriate plan or are needed to ensure proper closure, postclosure care or corrective action. The commissioner shall then instruct the trustee to make reimbursement in the amounts the commissioner specifies in writing. If the commissioner determines that the total cost incurred will be significantly greater than the value of the trust fund, the commissioner may withhold reimbursement of the amounts as deemed prudent until it is determined, in accordance with part 7035.2775, that the owner or operator is no longer required to maintain financial assurance. The commissioner shall decide whether to withhold reimbursement based on changes in unit costs incurred. If costs per unit incurred at the site exceed contingency allowances made in cost estimates, the commissioner may withhold reimbursement. The commissioner shall, within 30 days of the decision, provide the owner or operator with written reasons for withholding reimbursement.
M. The commissioner shall agree to termination of the trust if:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2715** Trust Fund for Unrelated Sites {#sec-7035.2715 omnilex-key=us-mn-regs-official--agency-167--7035.2715}
Items A to E apply to trust funds which receive payments from more than one owner or operator for financial assurance at different sites. Such trust funds shall operate like the trust funds specified in part 7035.2705, except that:
A. The trustee shall maintain a separate account for each site and shall evaluate each account annually as of the day of creation of the trust.
B. The trustee shall annually notify each owner or operator and the commissioner of the evaluation of each owner's or operator's account.
C. The trustee shall release excess funds as required from the account for each site.
D. The trustee shall reimburse the owner or operator or other person authorized to perform closure, postclosure care or corrective action only from the account for that site.
E. The agency may direct the trustee to withhold payments only from the account for the site for which it has reason to believe the cost of closure, postclosure care, or corrective action will be greater than the value of the account.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2720** Dedicated Long-Term Care Trust Funds {#sec-7035.2720 omnilex-key=us-mn-regs-official--agency-167--7035.2720}
**Subpart 1. Application.**
Subparts 1 to 15 apply to dedicated long-term care trust funds.
**Subp. 2. Trust fund allowed.**
An owner or operator of a facility owned by a political subdivision may satisfy the requirements of part 7035.2695 by establishing by resolution a dedicated long-term care trust fund for the facility. The fund trustee who is designated by the resolution incurs a fiduciary responsibility for the fund and is responsible for reporting to the commissioner the information required under this part.
A. An owner or operator of a new facility shall submit the originally signed duplicate of the resolution which orders establishment of the fund to the commissioner with the final permit application for the facility.
B. An owner or operator of an existing facility with a remaining capacity of more than five years or 500,000 cubic yards shall submit the originally signed duplicate of the resolution which orders establishment of the fund to the commissioner within 180 days after November 15, 1988.
C. An owner or operator of an existing facility that does not meet the criterion in item B shall submit the originally signed duplicate of the resolution which orders establishment of the fund to the commissioner within a year after November 15, 1988.
D. If the owner or operator cannot meet the requirements of item A, B, or C because the required cost estimates have not been completed, the commissioner will provide the owner or operator with cost estimates. The owner or operator must then submit to the commissioner an originally signed duplicate of the resolution and make first payment into the fund within 60 days after the owner or operator receives the cost estimates. The commissioner shall also make appropriate revisions to the cost estimates until the owner or operator submits the required plans and cost estimates.
E. The owner or operator of a facility owned by a political subdivision must substitute another financial assurance mechanism as specified in parts 7035.2705 to 7035.2750 if:
**Subp. 3. Submission to commissioner.**
The owner or operator shall send the following items to the commissioner to demonstrate that the dedicated long-term care trust fund is being developed in compliance with this part:
A. A copy of the owner's or operator's financial statements for the latest completed fiscal year. The owner or operator shall send the financial statements prepared in accordance with Minnesota Statutes, section 375.17, 471.697, or 471.698. The statements must clearly report the status of the dedicated long-term care trust fund.
B. A report from an independent certified public accountant stating that the status of the dedicated long-term care trust fund conforms to the requirements of this part. The initial submission to the commissioner of the materials required under items A and B is due one year after submission of the originally signed duplicate of the resolution. After the initial submission of materials specified in items A and B, the owner or operator must send updated information to the commissioner within 90 days after the close of each succeeding fiscal year.
**Subp. 4. Resolution language.**
The wording of the resolution that establishes the dedicated long-term care trust fund must be identical to the wording in part 7035.2805, subpart 9.
**Subp. 5. Monthly payments required.**
The owner or operator must make monthly payments into the dedicated long-term care trust fund over the term of the pay-in period. The payments into the fund must be made as described in items A, B, and C.
A. The owner or operator of a new facility must make the first payment before the initial receipt of waste for disposal. The owner or operator must submit to the commissioner a certification from the trustee for the first payment before the initial receipt of waste. The first payment must be determined by this formula: where CE is the sum of the current cost estimates and Y is the number of years remaining in the operating life of the site. Subsequent payments must be made no later than the last day of the month following the previous payment. The amount of each subsequent payment must be determined by this formula: where CE is the sum of the current cost estimates, CV is the current balance of the fund, and Y is the number of years remaining in the operating life of the site. The operating life of the site must be determined by the following formula: where: DC = the design capacity of the site, A = the ratio of loose to compacted waste volume achieved at the site, B = the ratio of the volume of cover material (both intermittent and final) to waste receipts at the site, and W = the weighted five-year moving average of reported annual waste receipts. The weights applied to the annual waste receipts are: previous year = .50 two years ago = .25 three years ago = .15 four years ago = .07 five years ago = .03
B. For an existing facility, the first payment must be made no later than one year after November 15, 1988. The owner or operator must submit to the commissioner a certification from the trustee for this payment within ten days after the payment is made. Payments into the fund must be determined by the methods in item A.
C. If an owner or operator previously has established a fund and the value of that fund is less than the sum of the current cost estimates when a permit is issued for the facility, the portion of the sum of the current cost estimates still to be paid into the fund must be paid in over the operating life of the site. The first payment must be made within 30 days of the permit issuance. Subsequent payments must be made no later than the last day of the month following the previous payment. The amount of each payment must be determined by the second formula contained in item A.
D. The owner or operator must make annual revisions of the estimated operating life of the facility. The revisions must be made no later than the anniversary date of the first payment into the trust fund.
E. The pay-in amount per cubic yard need not exceed the previous year's tipping fee per cubic yard. If the owner or operator does not charge a tipping fee, then the pay-in amount per cubic yard need not exceed the statewide average tipping fee, as determined and communicated by the commissioner.
**Subp. 6. Exceptions to calculation method.**
The owner or operator may make payments less than those calculated in accordance with subpart 5 under the following conditions:
A. The owner or operator must show that the payment calculated under subpart 5 exceeds, on an annual cost per capita basis, 0.1 percent of per capita income within the owner's or operator's jurisdiction. The annual cost per capita will be derived by dividing the total annual cost of payments calculated under subpart 5 by the population in the facility's service area. The information provided must be the latest income data compiled by the state demographer.
B. If the owner or operator has shown that the trust fund payment exceeds the criterion in item A, the commissioner shall determine, in consultation with the owner or operator, whether it is possible for the facility to generate enough revenue to develop a trust fund that will cover the current cost estimates. The information that will inform the decision must be provided by the owner or operator and must consist of:
C. If the commissioner determines that the site cannot generate enough revenue to satisfy the criterion in item A, then the owner or operator must either:
**Subp. 7. Accelerated payment allowed.**
The owner or operator may accelerate payments into the fund or may deposit the full amount of the sum of the current cost estimates at the time the fund is established. However, the owner or operator shall maintain the value of the fund at no less than the value that the fund would have if monthly payments were made as specified in subpart 5.
**Subp. 8. Minimum alternate payment.**
If the owner or operator establishes a dedicated long-term care trust fund after having used one or more alternate financial assurance mechanisms specified in parts 7035.2705 to 7035.2750, the first payment into the fund must be at least the amount that the fund would contain if the fund were established initially and monthly payments made according to specifications of this part.
**Subp. 9. Increase in cost estimate.**
If the sum of the current cost estimates changes, the owner or operator shall compare the new estimates with the trustee's most recent annual valuation of the fund. If the value of the fund is less than the amount of the new estimates, the owner or operator, within 60 days after the change in the cost estimates, shall either change the fund pay-in schedule so that it incorporates the changes in the sum of the current cost estimates and submit evidence of this change to the commissioner, or establish other financial assurance mechanisms as specified in parts 7035.2705 to 7035.2750 to cover the difference.
**Subp. 10. Increase in trust fund value.**
During the operating life of the facility, if the value of the dedicated long-term care trust fund is greater than the sum of the current cost estimates, the owner or operator may submit a written request together with supporting documents to the commissioner for permission to release the amount in excess of the sum of the current cost estimates covered by the fund.
**Subp. 11. Excess in other financial mechanisms.**
If an owner or operator substitutes other financial assurance mechanisms as specified in parts 7035.2705 to 7035.2750 in place of all or part of the dedicated long-term care trust fund, then the owner or operator may submit a written request to the commissioner for permission to release the amount in excess of the sum of the current cost estimates covered by the fund.
**Subp. 12. Release of excess funds.**
Within 60 days after receiving a request from the owner or operator for release of funds as specified in subpart 10 or 11, the commissioner shall instruct the trustee to release to the owner or operator funds in excess of the latest cost estimates covered by the fund.
**Subp. 13. Late payment; effect.**
The trustee shall notify the owner or operator and the commissioner by certified mail within ten days if a payment is not made on the required date. The owner or operator must then stop accepting waste until the required payment is made. If the required payment is not made within 60 days of the commissioner's receipt of the nonpayment notice, the owner or operator shall close the facility as provided in part 7035.2635.
**Subp. 14. Trust fund disbursements.**
After beginning actions at the facility that are specified in closure, postclosure care, or contingency action plans, the owner or operator must request and receive the commissioner's permission before the trustee may authorize any disbursements from the dedicated long-term care trust fund. The owner or operator must provide itemized bills in support of the request for permission to make payments from the fund.
Within 90 days after receiving a request to authorize a disbursement from the fund, the commissioner shall determine whether the expenditures are in accordance with the appropriate plan or are needed to ensure proper closure, postclosure care, or corrective action. The commissioner shall then authorize the trustee to make payments from the fund in amounts specified in writing. If the commissioner determines that the total cost incurred will be significantly greater than the value of the fund, the commissioner may withhold permission until it is determined, in accordance with part 7035.2775, that the owner or operator is no longer required to maintain financial assurance.
The commissioner shall decide whether to withhold permission to make payment based on changes in unit costs incurred. If costs per unit incurred at the site exceed contingency allowances made in cost estimates, the commissioner may withhold permission to make payment. The commissioner shall, within 30 days of the decision, provide the owner or operator with written reasons for withholding permission to make payment.
**Subp. 15. Termination of trust fund.**
The commissioner shall agree to termination of the dedicated long-term care trust fund if:
A. the owner or operator substitutes alternate financial assurance as specified in parts 7035.2705 to 7035.2750; or
B. the agency releases the owner or operator from the requirements of this part in accordance with part 7035.2775.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2725** Surety Bond Guaranteeing Payment Into a Trust Fund {#sec-7035.2725 omnilex-key=us-mn-regs-official--agency-167--7035.2725}
Items A to I apply to surety bonds that guarantee payment into a trust fund:
A. An owner or operator may satisfy the requirements of part 7035.2695 by obtaining a surety bond that conforms to the requirements of this part and by submitting the bond to the commissioner. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7035.2805, subpart 3.
C. The owner or operator who uses a surety bond to satisfy the requirements of part 7035.2695 shall also establish a standby trust fund. Under the terms of the bond, the surety will deposit all payments made under the bond directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements in part 7035.2705 or 7035.2715, except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond. The trust must meet the requirements specified in subitems (1) to (4) if the standby trust is funded under this part:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
F. The penal sum of the bond must equal the sum of the current cost estimates.
G. Whenever the sum of the current cost estimates becomes greater than the penal sum, the owner or operator, within 60 days after the increase, shall either increase the penal sum to an amount at least equal to the sum of the current cost estimates and submit evidence of the increase to the commissioner, or obtain other financial assurance as specified in parts 7035.2705 to 7035.2750 to cover the increase. Whenever the sum of the current cost estimates decreases, the penal sum shall be reduced to the amount of the sum of the current cost estimates following written approval by the commissioner.
H. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. However, cancellation is not effective until 120 days after the commissioner has received the notice of cancellation, as evidenced by return receipt.
I. The owner or operator may cancel the bond if the commissioner has given prior written consent based on the commissioner's receipt of evidence of alternate financial assurance as specified in parts 7035.2705 to 7035.2750.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2735** Surety Bond Guaranteeing Performance {#sec-7035.2735 omnilex-key=us-mn-regs-official--agency-167--7035.2735}
Items A to J apply to surety bonds that guarantee performance:
A. An owner or operator may satisfy the requirements of part 7035.2695 by obtaining a surety bond that conforms to the requirements of items A to J and by submitting the bond to the commissioner. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7035.2805, subpart 4.
C. The owner or operator who uses a surety bond to satisfy the requirements of part 7035.2695 shall also establish a standby trust fund. Under the terms of the bond, the surety will deposit all payments made under the bond directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust must meet the requirements specified in part 7035.2705, except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond. The requirements in subitems (1) to (4) must be met if the standby trust fund is funded under this part:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the commissioner that the owner or operator has failed to perform final closure, postclosure care, or corrective action in accordance with the appropriate plan and other permit requirements when required to do so, under the terms of the bond the surety shall deposit the amount of the penal sum into the standby trust fund.
F. The penal sum of the bond must at least equal the sum of the current cost estimates.
G. Whenever the sum of the current cost estimates becomes greater than the penal sum, the owner or operator, within 60 days after the increase, shall either increase the penal sum to the sum of the current cost estimates and submit evidence of the increase to the commissioner, or obtain other financial assurance as specified in parts 7035.2705 to 7035.2750. Whenever the sum of the current cost estimates decreases, the penal sum shall be reduced to the sum of the current cost estimates following written approval by the commissioner.
H. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. However, cancellation is not effective until 120 days after the commissioner has received the notice of cancellation, as evidenced by the return receipt.
I. The owner or operator may cancel the bond if the commissioner has given prior written consent. The commissioner shall provide such written consent if:
J. The surety will not be liable for deficiencies in the performance of closure, postclosure care, or corrective actions by the owner or operator after the agency releases the owner or operator from the requirements of part 7035.2695 in accordance with part 7035.2775.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2745** Letter of Credit {#sec-7035.2745 omnilex-key=us-mn-regs-official--agency-167--7035.2745}
Items A to J apply to letters of credit:
A. An owner or operator may satisfy the requirements of part 7035.2695 by obtaining an irrevocable letter of credit which conforms to the requirements of items A to J, and by submitting the letter to the commissioner. The issuing institution must be an entity which has the authority to issue letters of credit. Its letter-of-credit operations must be regulated and examined by a federal or state agency.
B. The wording of the letter of credit must be identical to the wording in part 7035.2805, subpart 5.
C. An owner or operator who uses a letter of credit to satisfy the requirements of part 7035.2695 shall also establish a standby trust fund. Under the terms of the letter of credit, the issuing institution will deposit all amounts paid directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements in part 7035.2705 or 7035.2715 except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the letter of credit. The requirements in subitems (1) to (4) must be met if the standby trust fund is funded under this part:
D. The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the identification number, name, and address of the facility, and the amount of funds assured for closure, postclosure care, or corrective action at the facility by the letter of credit.
E. The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be extended automatically for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the commissioner by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days will begin on the date when the commissioner has received the notice, as evidenced by the return receipt.
F. The letter of credit must be issued in an amount at least equal to the sum of the current cost estimates.
G. Whenever the sum of the current cost estimates becomes greater than the amount of the credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the credit to be increased so that it at least equals the sum of the current cost estimates and shall submit evidence of the increase to the commissioner or obtain other financial assurance as specified in parts 7035.2705 to 7035.2750 to cover the increase. Whenever the sum of the current cost estimates decreases, the amount of the credit shall be reduced to the amount of the current cost estimate following written approval by the commissioner.
H. Following a determination by the commissioner that the owner or operator has failed to perform final closure, postclosure care, or corrective action in accordance with the appropriate plan and other permit requirements when required to do so, the commissioner shall draw on the letter of credit.
I. The commissioner shall draw on the letter of credit if the owner or operator does not establish alternate financial assurance as specified in parts 7035.2705 to 7035.2750 and obtain written approval of alternate assurance from the commissioner within 90 days after the commissioner receives notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date. The commissioner may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of any extension the commissioner shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in parts 7035.2705 to 7035.2750 and obtain written approval of the assurance from the commissioner.
J. The commissioner shall return the letter of credit to the issuing institution for termination if:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2750** Self-Insurance {#sec-7035.2750 omnilex-key=us-mn-regs-official--agency-167--7035.2750}
The provisions of items A to M apply to self-insurance.
A. An owner or operator may satisfy the requirements of part 7035.2695 by providing proof that the owner or operator meets the criteria of one of the financial tests in item B. An owner or operator who wants to self-insure must also send to the commissioner one of three forms of approved security, unsubordinated debentures, municipal bonds, or warrants drawn on the owner's or operator's municipal treasury. The market value of the unsubordinated debentures and municipal bonds, and the face value of the warrants must equal or exceed the sum of the current cost estimates.
B. The owner or operator must meet the criteria of subitem (1), (2), or (3) to pass the financial test.
C. To demonstrate that the criteria in the financial test are met, the owner or operator shall submit the following items to the commissioner:
D. The bonds sent to the commissioner under item A must be readily saleable in secondary bond markets. The market value of the bonds must equal or exceed the sum of the current cost estimates. The commissioner shall give the owner or operator a receipt for the bonds. The commissioner shall have the bonds kept by the commissioner of management and budget until the bonds must either be sold or returned to the owner or operator. The owner or operator of a privately owned facility shall send bonds that are registered, unsubordinated debentures. The owner or operator of a publicly owned facility shall send bonds that are registered municipal bonds and that meet the requirements of Minnesota Statutes, chapters 400 and 475. The bonds must mature at the following times:
E. Warrants sent to the commissioner under item A must be issued in compliance with chapters 383, 384, 385, and 427. The value of a warrant sent by an owner or operator must equal or exceed the sum of the current cost estimates. The commissioner shall give the owner or operator a receipt for the warrant. The commissioner shall have the warrant kept by the commissioner of management and budget until the warrant must either be submitted for payment or returned to the owner or operator.
F. The owner or operator who uses self-insurance to satisfy the requirements of part 7035.2695 shall also establish a standby trust fund. This standby trust fund must meet the requirements in part 7035.2705 or 7035.2715, except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the bonds or warrant. The trust must meet the requirements specified in subitems (1) and (2) if the standby trust is funded under this part:
G. If the sum of the current cost estimates changes, the owner or operator shall compare the new estimate with the most recent annual valuation of the bonds or the value of the warrant. If the total market value of the bonds or the value of the warrant is less than the amount of the new estimates, the owner or operator, within 60 days after the change in the cost estimates, shall send the commissioner either enough bonds or another warrant to make up the deficiency or establish other financial assurance mechanisms as specified in parts 7035.2705 to 7035.2750. If the owner or operator sends more bonds, the bonds must be accompanied by an independent certified public accountant's report that the new issues have a market value that equals or exceeds the amount of the deficiency.
H. The owner or operator may request to exchange new issues of bonds or warrants for bonds or warrants held by the commissioner of management and budget on the commissioner's behalf. The new issues must have a market value equal to the bonds for which they are exchanged. New warrants must be equal in value to the warrants for which they are exchanged. The owner's or operator's request for a bond exchange must be accompanied by an independent certified public accountant's report that the new issues have a market value equal to the bonds for which they are exchanged. The commissioner shall make the exchange after receiving the request, the warrants or bonds and the accountant's report that must accompany the bonds. The commissioner and the owner or operator shall provide each other with receipts appropriate to document the exchange.
I. During the operating life of the facility, if the total market value of the bonds exceeds the sum of the current cost estimates by an amount greater than the market value of any single bond, the owner or operator may submit a written request together with supporting documents to the commissioner for return of bonds whose total value is not greater than the excess amount. If the value of warrants submitted exceeds the sum of the current cost estimates, the owner or operator may substitute a warrant with a value equal to the sum of the current cost estimates, provided that supporting documents justify the substitution.
J. If the owner or operator substitutes other financial assurance mechanisms as specified in parts 7035.2705 to 7035.2750 in place of self-insurance, the owner or operator may submit a written request to the commissioner for return of the bonds or warrants along with evidence that the substitute mechanisms have taken effect.
K. Within 60 days of receiving a request from the owner or operator for return of bonds or warrants as specified in item I or J and if supporting documents justify the request, the commissioner shall return the warrants or appropriate number of bonds. The owner or operator shall give the commissioner an appropriate receipt for all warrants or bonds returned.
L. If the owner or operator or guarantor, after proper orders from the commissioner, fails or refuses to perform actions specified in the closure plan, the postclosure care plan, or the contingency action plan, the commissioner shall seek authorization from the agency to sell bonds or submit warrants for payment. The commissioner shall also seek authorization if the owner or operator fails to meet the criteria of the financial test and fails to provide alternate financial assurance within 90 days, as provided in item C. The commissioner shall have the proceeds from bond sales or warrant payments deposited in the standby trust fund established under item F.
M. The commissioner shall return the bonds or warrants to the owner or operator and receive appropriate receipts if the agency releases the owner or operator from the requirements of this part in accordance with part 7035.2775.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109*
##### **Minn. R. 7035.2751** Proposals for Nonstandardized Financial Assurance Mechanisms; Facilities Initially Permitted After January 1, 2011 {#sec-7035.2751 omnilex-key=us-mn-regs-official--agency-167--7035.2751}
**Subpart 1. Criteria for nonstandardized financial assurance mechanisms.**
A. A nonstandardized financial assurance mechanism must meet the criteria in items B to E to be approved for use.
B. The mechanism must ensure that funds sufficient to cover the estimated costs of closure, postclosure care, and corrective action are available at all times.
C. The mechanism must be such that the funds will be available and immediately payable directly into the standby trust fund according to instructions from the commissioner. The standby trust fund must meet the requirements in part 7035.2705 and an originally signed duplicate of the trust agreement must be submitted to the commissioner along with the mechanism.
D. The mechanism must be fully valid, binding, and enforceable under state and federal law.
E. The financial assurance mechanism must be drafted so that the financial assurance funds will not be assets in any bankruptcy proceeding filed by the permittee and will remain accessible by the commissioner throughout the bankruptcy reorganization or discharge.
**Subp. 2. Evaluation; approval or disapproval.**
A. All terms and conditions of a nonstandardized financial assurance mechanism must be approved by the commissioner. When the commissioner determines that the agency would benefit from an expert opinion on the adequacy of a proposed nonstandardized financial assurance mechanism, the commissioner shall retain an independent expert acceptable to the commissioner to evaluate the mechanism, at the owner's or operator's expense, to determine if the mechanism meets the criteria of subpart 1. The independent expert must have documented experience in the analysis of risk and the use of financial instruments used as guarantees such as bonds, letters of credit, and insurance. Prior to permit reissuance, the commissioner may require reevaluation of the nonstandardized financial assurance mechanism.
B. If a proposed nonstandardized financial assurance mechanism is disapproved by the commissioner, the operator or owner may submit an application for an alternative nonstandardized financial assurance mechanism or provide standard financial assurance under parts 7035.2705 to 7035.2745.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 36 SR 1352*
##### **Minn. R. 7035.2755** Use of Multiple Financial Assurance Mechanisms {#sec-7035.2755 omnilex-key=us-mn-regs-official--agency-167--7035.2755}
An owner or operator may satisfy the requirements of part 7035.2695 by establishing more than one mechanism for financial assurance per facility. For facilities that received initial permits before January 1, 2011, these mechanisms are limited to trust funds, surety bonds guaranteeing payment into a trust fund, self-insurance, and letters of credit. For facilities that received initial permits after January 1, 2011, these mechanisms are limited to trust funds, surety bonds guaranteeing payment into a trust fund, letters of credit, and nonstandardized financial assurance mechanisms approved by the commissioner. The mechanisms must be established as specified in parts 7035.2705, 7035.2715, 7035.2720, 7035.2725, 7035.2745, 7035.2750, and 7035.2751, except that it is the combination of mechanisms, rather than a single mechanism, which must provide financial assurance for an amount at least equal to the sum of the current cost estimates. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, the owner or operator may also use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The commissioner may use any or all of the mechanisms to provide for closure, postclosure care, or corrective action at the facility.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 36 SR 1352*
##### **Minn. R. 7035.2765** Use of Financial Assurance Mechanism for Multiple Facilities {#sec-7035.2765 omnilex-key=us-mn-regs-official--agency-167--7035.2765}
An owner or operator may use a financial assurance mechanism specified in parts 7035.2705 to 7035.2750 to meet the requirements of part 7035.2695 for more than one facility. Evidence of financial assurance submitted to the commissioner must include a list showing, for each facility, the identification number, name, address, and the amount of funds for closure, postclosure care, or corrective action assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for closure, postclosure care, or corrective action at any of the facilities covered by the mechanism, the commissioner may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2775** Release of Owner or Operator from Financial Requirements {#sec-7035.2775 omnilex-key=us-mn-regs-official--agency-167--7035.2775}
**Subpart 1. Release from closure requirements.**
Within 90 days after receiving certifications from the owner or operator and an independent engineer registered in Minnesota that closure has been accomplished in accordance with the closure plan, the agency shall notify the owner or operator in writing that he or she is no longer required by part 7035.2695 to maintain financial assurance for closure of the particular facility, unless the agency has reason to believe that closure has not been accomplished in accordance with the closure plan.
**Subp. 2. Release from postclosure requirements.**
When an owner or operator has completed, to the satisfaction of the agency, all postclosure care requirements in accordance with the postclosure plan, the agency will, at the request of the owner or operator, notify the owner or operator in writing that he or she is no longer required by part 7035.2695 to maintain financial assurance for postclosure care of the particular facility, unless the agency has reason to believe that postclosure care has not been accomplished in accordance with the postclosure care plan.
**Subp. 3. Release from corrective action requirements.**
Within 90 days after the end of the postclosure care period or after termination of corrective action in accordance with part 7035.2695, whichever is later, the agency shall notify the owner or operator in writing that he or she is no longer required to maintain financial assurance for corrective action for the particular facility, unless the agency has reason to believe that corrective action has not been accomplished in accordance with the contingency action plan.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2785** Use of a Single Mechanism for Financial Assurance of Corrective Action, Closure, and Postclosure Care {#sec-7035.2785 omnilex-key=us-mn-regs-official--agency-167--7035.2785}
An owner or operator may satisfy the requirements for financial assurance for corrective action, closure, and postclosure care, or any combination thereof, for one or more facilities by using a trust fund, surety bond or letter of credit that meets the specifications for the mechanism in parts 7035.2705 to 7035.2750. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of corrective action, closure, and postclosure care.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2795** Incapacity of Owners or Operators, Guarantors, or Financial Institutions {#sec-7035.2795 omnilex-key=us-mn-regs-official--agency-167--7035.2795}
**Subpart 1. Notification of bankruptcy.**
An owner or operator shall notify the commissioner by certified mail of the commencement of a voluntary or involuntary bankruptcy proceeding naming the owner or operator as a debtor, within ten days after commencement of the proceeding.
**Subp. 2. Incapacity of financial institutions.**
An owner or operator who fulfills the requirements of part 7035.2695 by obtaining a trust fund, surety bond, or letter of credit will be considered to be without the required financial assurance in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee to act as trustee or the institution issuing the surety bond or letter of credit to issue these instruments. The owner or operator shall establish other financial assurance within 60 days after such an event.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2805** Language Required for Financial Instruments {#sec-7035.2805 omnilex-key=us-mn-regs-official--agency-167--7035.2805}
**Subpart 1. Trust agreement.**
A trust agreement for a trust fund as specified in part 7035.2705 must be worded as specified in this subpart, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
TRUST AGREEMENT
Trust Agreement, the "Agreement," entered into on [date] by [name of the owner or operator], a [name of state] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee,], [insert "incorporated in the state of ___________________" or "a national bank"], the "Trustee."
The Minnesota Pollution Control Agency (Agency), an agency of the state of Minnesota, has established rules applicable to the Grantor, requiring that an owner or operator of a solid waste management facility shall provide assurance that funds will be available when needed for closure and/or postclosure care of, and/or contingency action for, the facility.
The Grantor has chosen a trust to provide the financial assurance for the facilities identified herein.
The Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
The Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
a. The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor.
b. The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
c. The term "Beneficiary" means the Minnesota Pollution Control Agency and any successor agency.
Section 2. Identification of Facilities and Cost Estimates. This agreement pertains to the facilities and cost estimates, if any, identified on attached Schedule A [on Schedule A, for each facility list the identification number, name, address, and the current contingency action, closure, and/or postclosure cost estimates, or portions thereof, for which financial assurance is demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, the "Fund," for the benefit of the Agency. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. This property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings, and profits on earnings, less any payments or distributions made by the Trustee under this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Agency.
Section 4. Payment for Contingency Action, Closure, and Postclosure Care. The Trustee shall make payments from the Fund as the Agency Commissioner shall specify, in writing, to provide for the payment of the costs of contingency action, closure, and/or postclosure care of the facilities covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the Agency Commissioner from the Fund for contingency action, closure, and postclosure expenditures in amounts the Agency Commissioner shall specify in writing. In addition, the Trustee shall refund to the Grantor the amounts the Agency Commissioner specifies in writing. Upon refund, these funds shall no longer constitute part of the Fund as defined herein.
Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.
Section 6. Trustee Management. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
a. securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, United States Code, title 15, section 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the federal or state government;
b. the Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the federal or state government; and
c. the Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
a. to transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of others participating therein; and
b. to purchase shares in any investment company registered under the Investment Company Act of 1940, United States Code, title 15, sections 80a-1 et seq. including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
a. To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee may be bound to see to the application of the purchase money or to inquire into the validity or expediency of a sale or other disposition.
b. To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted.
c. To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing the securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of the securities in a qualified central depository even though, when so deposited, the securities may be merged and held in bulk in the name of the nominee of the depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a federal reserve bank, but the books and records of the Trustee shall at all times show that all these securities are part of the Fund.
d. To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the federal or state government.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.
Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Agency Commissioner a statement confirming the value of the Trust. Any securities in the fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Agency Commissioner shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel. The trustee may from time to time consult with counsel, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but the resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reasons the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Agency Commissioner and the present Trustee by certified mail ten days before the change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Agency to the Trustee shall be in writing, signed by the Agency Commissioner; and the Trustee shall act and shall be fully protected in acting in accordance with the orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Agency hereunder has occurred. The Trustee shall have no duty to act in the absence of orders, requests, and instructions from the Agency Commissioner, except as provided herein.
Section 15. Notice of Nonpayment. The Trustee shall notify the Grantor and the Agency Commissioner by certified mail within ten days if no payment is received from the grantor by the end of the month. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment.
Section 16. Amendment of Agreement. This agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Agency Commissioner, or by the Trustee and the Agency Commissioner if the Grantor ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 13 and in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Agency Commissioner, or by the Trustee and the Agency Commissioner, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor or to any successors or assigns of the Grantor.
Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Agency Commissioner issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide a defense.
Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to the laws of the state of Minnesota.
Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in Minnesota Rules, part 7035.2805, subpart 1, as such rules were constituted on the date of signing.
[SIGNATURE OF GRANTOR]
[TITLE]
Attest:
[TITLE]
[SEAL]
[SIGNATURE OF TRUSTEE]
Attest:
[TITLE]
[SEAL]
**Subp. 2. Certification of acknowledgment.**
This part contains an example of the certification of acknowledgment which must accompany the trust agreement for a trust fund as specified in part 7035.2705.
CERTIFICATION OF ACKNOWLEDGMENT
State of ____________________
County of ___________________
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation, proprietorship, local government entity], the entity described in and which executed the above instrument; [that she/he knows the seal of said [corporation, local government entity]; that the seal affixed to the instrument is the [corporate, local government entity's] seal; that it was so affixed by order of the [Board of Directors, Board of Commissioners, City Council] of said [corporation, local government entity], and that she/he signed her/his name thereto by like order:
**Subp. 3. Surety bond guaranteeing payment into a trust fund.**
A surety bond guaranteeing payment into a trust fund as specified in part 7035.2725 must be worded as described in this part, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
FINANCIAL GUARANTEE BOND
Date bond executed: _________________
Effective date: _____________________
Principal: [Legal name and business address of owner or operator]
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation: __________________
Surety(ies): [name(s) and business address(es)]
Identification number, name, address and contingency action, closure, and/or postclosure amount(s) for each facility guaranteed by this bond (indicate contingency action, closure, and postclosure amounts separately): $_______________
Total penal sum of bond: $____________
Surety's bond number: ________________
The Principal and Surety(ies) are firmly bound to the Minnesota Pollution Control Agency (hereinafter called Agency), in the above penal sum for the payment we bind ourselves to, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as cosureties, we, the Sureties, bind ourselves in the sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of the sum only as is set forth opposite the name of the Surety; but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
The Principal is required to have a permit in order to own or operate each waste facility identified above, and
The Principal is required to provide financial assurance for closure; closure and postclosure care; closure and contingency action; or closure, postclosure care and contingency action as a condition of the permit, and
The Principal shall establish a standby trust fund as required when a surety bond is used to provide financial assurance:
If the Principal shall faithfully, before the beginning of final closure of each facility identified above, fund the standby trust fund in the amount(s) identified above for the closure and/or postclosure care of the facility,
Or, if the Principal shall fund the standby trust fund in the amount(s) identified above for closure and/or postclosure care of the facility within 15 days after an order to begin closure is issued by the Agency Commissioner, the Agency, or court of competent jurisdiction,
Or, if the Principal shall faithfully, before beginning contingency action at any facility identified above, fund the standby trust fund in the amount identified above for contingency action at the facility,
Or, if the Principal shall fund the standby trust fund in the amount identified above for contingency action at the facility within 15 days after an order to begin contingency action is issued by the Agency Commissioner, the Agency, or a court of competent jurisdiction,
Or, if the Principal shall provide alternate financial assurance, as authorized in part 7035.2725, and obtain the Agency Commissioner's written approval of assurance within 90 days after the date notice of cancellation is received by both the Principal and the Agency Commissioner from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Agency Commissioner that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Agency Commissioner.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the Agency Commissioner, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by the Agency Commissioner, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies) provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Agency Commissioner.
(The following paragraph is an optional rider that may be included but is not required.)
Principal and Surety(ies) agree to adjust the penal sum of the bond yearly so that it guarantees a new contingency action, closure and/or postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Agency Commissioner.
The Principal and Surety(ies) have signed this Financial Guarantee Bond on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in Minnesota Rules, part 7035.2805, subpart 3, as the rules were constituted on the date this bond was executed.
Principal
[SIGNATURE(S)]
[NAMES(S)]
[TITLE(S)]
[CORPORATE SEAL]
Corporate Surety(ies)
[NAME AND ADDRESS]
State of incorporation: ________________________
Liability limit: $________
[SIGNATURE(S)]
[NAME(S) AND TITLE(S)]
[CORPORATE SEAL]
[For every cosurety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $________
**Subp. 4. Surety bond guaranteeing performance.**
A surety bond guaranteeing performance of contingency action, closure and/or postclosure care, as specified in part 7035.2735, must be worded as specified in this part, except that the instructions in brackets must be replaced with the relevant information and the brackets deleted.
PERFORMANCE BOND
Date bond executed: ________________
Effective date: ___________________
Principal: [legal name and business address of owner or operator]
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation: ____________________
Surety(ies): [name(s) and business address(es)]
Identification number, name, address and contingency action, closure, and/or postclosure amount(s) for each facility guaranteed by this bond [indicate contingency action, closure, and postclosure amounts separately]: $________
Total penal sum of bond: $________
Surety's bond number: __________________
The Principal and Surety(ies) hereto are firmly bound to the Minnesota Pollution Control Agency (hereinafter called Agency), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as cosureties, we, the Sureties, bind ourselves in the sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of the sum only as is set forth opposite the name of the Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
The Principal is required to provide financial assurance for closure; closure and postclosure care; closure and contingency action; or closure, postclosure care, and contingency action as a condition of the permit; and
The Principal shall establish a standby trust fund as is required when a surety bond is used to provide financial assurance.
The conditions of this obligation are such that if the Principal faithfully performs closure, whenever required to do so, of each facility for which this bond guarantees closure, in accordance with the closure plan and other requirements of the permit as the plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as these laws, statutes, rules, and regulations may be amended,
And, if the Principal faithfully performs postclosure care of each facility for which this bond guarantees postclosure care, in accordance with the postclosure plan and other requirements of the permit, as the plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as these laws, statutes, rules, and regulations may be amended,
And, if the Principal faithfully performs contingency action for each facility for which this bond guarantees contingency action, when required by and in accordance with the contingency action plan and other requirements of the permit, as the plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
Or, if the Principal provides alternate financial assurance as specified in Minnesota Rules, parts 7035.2705 to 7035.2750, and obtains the Agency Commissioner's written approval of the assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Agency Commissioner from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.
Upon notification by the Agency Commissioner that the Principal has been found in violation of the closure requirements of Minnesota Rules, part 7035.2635 for a facility for which this bond guarantees performance of closure, the Surety(ies) shall place the closure amounts guaranteed for the facility into the standby trust fund as directed by the Agency Commissioner.
Upon notification by the Agency Commissioner that the Principal has been found in violation of the postclosure requirements of Minnesota Rules, part 7035.2655 for a facility for which this bond guarantees performance of postclosure care the Surety(ies) shall place the postclosure amount guaranteed for the facility into the standby trust fund as directed by the Agency Commissioner.
Upon notification by the Agency Commissioner that the Principal has been found in violation of contingency action requirements of Minnesota Rules, part 7035.2615 for a facility for which this bond guarantees performance of contingency action, the Surety(ies) shall place the contingency action amount guaranteed for the facility into the standby trust fund as directed by the Agency Commissioner.
Upon notification by the Agency Commissioner that the Principal has failed to provide alternate financial assurance as specified in Minnesota Rules, part 7035.2735 and obtain written approval of the assurance from the Agency Commissioner during the 90 days following receipt by both the Principal and Agency of a notice of cancellation of the bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Agency Commissioner.
The Surety(ies) hereby waive(s) notification of amendments to closure, postclosure, and contingency action plans, permits, applicable laws, statutes, rules, and regulations and agrees that no amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until the payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Agency Commissioner, provided however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Agency Commissioner, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Agency Commissioner.
(The following paragraph is an optional rider that may be included but is not required.)
Principal and Surety(ies) agree to adjust the penal sum of the bond yearly so that it guarantees a new contingency action, closure, and postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Agency Commissioner.
The Principal and Surety(ies) have signed this Performance Bond on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording in Minnesota Rules, part 7035.2805, subpart 4, as the rule was constituted on the date this bond was executed.
Principal
[SIGNATURE(S)]
[NAMES(S)]
[TITLE(S)]
[CORPORATE SEAL]
Corporate Surety(ies)
[NAME AND ADDRESS]
State of incorporation: ________________________
Liability limit: $________
[SIGNATURE(S)]
[NAME(S) AND TITLE(S)]
[CORPORATE SEAL]
[For every cosurety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $________
**Subp. 5. Letter of credit.**
A letter of credit, as specified in part 7035.2745, must be worded as specified in this part, except that the instructions in brackets must be replaced with the relevant information and the brackets deleted.
IRREVOCABLE STANDBY LETTER OF CREDIT
[Agency Commissioner]
Minnesota Pollution Control Agency
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. _________ in your favor, at the request and for the account of [owner's or operator's name and address] up to the aggregate amount of [in words] U.S. dollars $___________, available upon presentation of:
1. your sight draft, bearing reference to this letter of Credit No. _________, and
2. your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to the solid waste rules, Minnesota Rules, parts 7035.0300 to 7035.2875."
This letter of credit is effective as of [date] and shall expire on [date at least one year later], but the expiration date shall be automatically extended for a period of [at least one year] on [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify both you and [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by you, as shown on the signed return receipt.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor the draft upon presentation to us and we shall deposit the amount of the draft directly into the standby trust fund of [owner's or operator's name] in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in Minnesota Rules, part 7035.2805, subpart 5, as the rules were constituted on the date shown immediately below.
[SIGNATURE(S) AND TITLE(S) OF OFFICIAL(S) OF ISSUING INSTITUTION]
[DATE]
This credit is subject to (insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce," or "the Uniform Commercial Code published in chapter 336").
**Subp. 6. Letter from the chief financial officer of a private firm.**
A letter from the chief financial officer of a private firm as specified in part 7035.2750 must be worded as specified in this subpart, except that the instructions in brackets must be replaced with the relevant information and the brackets deleted.
LETTER FROM CHIEF FINANCIAL OFFICER
[Agency Commissioner]
Minnesota Pollution Control Agency
Dear Sir or Madam:
I am the chief financial officer of ______________. This letter is in support of this firm's use of the financial test to demonstrate financial assurance, as specified in Minnesota Rules, parts 7035.0300 to 7035.2875.
[Fill out the following four paragraphs regarding facilities and associated cost estimates. If your firm has no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its identification number, name, address, and current corrective action, closure, or postclosure cost estimates. Identify each cost estimate as to whether it is for corrective action, closure, or postclosure care.]
1. This firm is the owner or operator of the following facilities for which financial assurance for corrective action, closure, or postclosure care is demonstrated through the financial test specified in Minnesota Rules, parts 7035.0300 to 7035.2875, and other rules applicable to other types of waste facilities. The current corrective action, closure, or postclosure cost estimates for the facilities covered by the text of this letter are shown for each facility:
_
2. This firm guarantees, through the corporate guarantee specified in Minnesota Rules, parts 7035.0300 to 7035.2875, and other rules applicable to other types of waste facilities, the corrective action, closure, or postclosure care of the following facilities owned or operated by subsidiaries of this firm. The current cost estimates for the corrective action, closure, or postclosure care guaranteed are shown for each facility:
_
3. In states other than Minnesota, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the corrective action, closure, or postclosure care of the following facilities either to the Unites States Environmental Protection Agency through the use of the financial tests specified in Code of Federal Regulations, title 40, part 264 or 265, subpart H, or to an authorized state through the use of a test equivalent or substantially equivalent to the specified financial test. The current corrective action, closure, or postclosure cost estimates covered are shown for each facility:
_
4. This firm owns or operates, or owns subsidiaries that own or operate, the following waste management facilities for which financial assurance for corrective action, if required, closure, or, if a disposal facility, postclosure care, is not demonstrated either to the United States Environmental Protection Agency or a state through a financial test or any other financial assurance mechanism specified in relevant federal or state regulations. The current corrective action, closure, or postclosure cost estimates not covered by such financial assurance are shown for each facility:
_
This firm [insert "is required" or "is not required"] to file a form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with a single asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].
I have enclosed with this letter the bonds that provide collateral for the [closure, postclosure care, corrective action] expenses that will be incurred at the sites listed in paragraphs numbered 1 and 2 above.
[Fill in Alternative I if the criteria of Minnesota Rules, part 7035.2750, item B, subitem (1), are used. Fill in Alternative II if the criteria of Minnesota Rules, part 7035.2750, item B, subitem (2), are used.]
Alternative I
[Indicate the source of the market value estimates and provide details of estimating methods]: _
_
Alternative II
[Indicate the source of the market value estimates and provide details of estimating methods]: _
_
I hereby certify that the wording of this letter is identical to the wording specified in Minnesota Rules, part 7035.2805, subpart 6, as such rules were constituted on the date shown immediately below.
**Subp. 7. Corporate guarantee for corrective action, closure, or postclosure care.**
A corporate guarantee, as specified in part 7035.2750, item C, must be worded as specified in this subpart, except that instructions in brackets must be replaced with relevant information and the brackets deleted.
CORPORATE GUARANTEE FOR CORRECTIVE ACTION, CLOSURE, OR POSTCLOSURE CARE
Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of the state of [insert name of state], herein referred to as guarantor, to the Minnesota Pollution Control Agency (Agency), obligee, on behalf of our subsidiary [facility owner or operator] of [business address].
Recitals:
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors specified in Minnesota Rules, part 7035.2750, item C.
2. [Facility owner or operator] owns or operates the following solid waste disposal facilities covered by this guarantee: [List for each facility: identification number, name, and address. Indicate for each whether the guarantee is for corrective action, closure, postclosure care, or any combination of the three.]
3. "Closure plans," "postclosure plans," and "contingency action plans" as used below refer to the plans maintained as required by Minnesota Rules, parts 7035.2615, 7035.2625, and 7035.2645 for the closure, postclosure care, and corrective action needs of facilities identified above.
4. For value received from [facility owner or operator], guarantor guarantees to the Agency that in the event the [facility owner or operator] fails to perform [insert "corrective action," "closure," "postclosure care," or any combination of the three] of the above facilities in accordance with the corrective action, closure, or postclosure plans and other permit requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in Minnesota Rules, part 7035.2705, in the name of [facility owner or operator] in the amount of the current corrective action, closure, or postclosure cost estimates as specified in Minnesota Rules, part 7035.2705.
5. Guarantor guarantees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within 90 days, by certified mail, notice to the agency and [facility owner or operator] that he or she intends to provide financial assurance as specified in Minnesota Rules, parts 7035.2665 to 7035.2805, as applicable, in the name of [facility owner or operator]. Within 120 days after the end of the fiscal year, the guarantor shall establish financial assurance unless [facility owner or operator] has done so.
6. The guarantor agrees to notify the Agency Commissioner by certified mail of a voluntary or involuntary proceeding under title 11 or title 7 of the United States Bankruptcy Code, naming guarantor as debtor, within ten days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by the Agency Commissioner of a determination that guarantor no longer meets the financial test criteria or that he or she is disallowed from continuing as a guarantor of corrective action, closure, or postclosure care, guarantor shall establish alternate financial assurance as specified in Minnesota Rules, parts 7035.2665 to 7035.2805, as applicable, in the name of [facility owner or operator] unless [facility owner or operator] has done so.
8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following: amendment or modification of the corrective action, closure, or postclosure plan; amendment or modification of the permit; extension or reduction of the time of performance of corrective action, closure, or postclosure care; or any other modification or alteration of an obligation of the facility owner or operator pursuant to Minnesota Rules, parts 7001.0200 to 7001.1220; and 7001.1400 to 7001.3550; or 7035.0300 to 7035.2875.
9. Guarantor agrees to remain bound under this guarantee for so long as [facility owner or operator] must comply with the applicable financial assurance requirements of Minnesota Rules, parts 7035.2665 to 7035.2805, for the above-listed facilities, except that guarantor may cancel this guarantee by sending notice by certified mail to the Agency Commissioner and [facility owner or operator], the cancellation to become effective no earlier than 120 days after receipt of notice by the Agency Commissioner, as evidenced by return receipt.
10. Guarantor agrees that if [facility owner or operator] fails to provide alternate financial assurance as specified in Minnesota Rules, parts 7035.2665 to 7035.2805, as applicable, and obtain written approval of such assurance from the Agency Commissioner within 90 days after a notice of cancellation by the guarantor is received by the Agency Commissioner, guarantor shall provide alternate financial assurance in the name of [facility owner or operator].
11. Guarantor expressly waives notice of acceptance of this guarantee by the Agency or by [facility owner or operator]. Guarantor also expressly waives notice of amendments or modifications of the contingency action, closure, or postclosure care plan and of amendments or modifications of the facility permits.
I hereby certify that the wording of this guarantee is identical to the wording specified in Minnesota Rules, part 7035.2805, subpart 7, as such rules were constituted on the date first above written.
Effective date: _______________________
[NAME OF GUARANTOR]
[AUTHORIZED SIGNATURE FOR GUARANTOR]
[NAME OF PERSON SIGNING]
[TITLE OF PERSON SIGNING]
[SIGNATURE OF WITNESS OR NOTARY]
**Subp. 8. Letter from the head of an elected or publicly appointed body.**
A letter from the head of an elected or publicly appointed body as specified in part 7035.2750 must be worded as specified in this subpart, except that the instructions in brackets must be replaced with the relevant information and the brackets deleted.
LETTER FROM THE HEAD OF AN ELECTED OR PUBLICLY APPOINTED BODY
[Agency commissioner]
Minnesota Pollution Control Agency
Dear Sir or Madam:
I am the [chair, mayor] of [the ____________________ County Board of commissioners, city of __________________, the ____________________ landfill authority, the ________________ sanitary district]. This letter is in support of this [county's, city's, authority's, district's] use of the financial test to demonstrate financial assurance as specified in Rules, parts 7035.0300 to 7035.2875. This letter is to demonstrate financial assurance for the following sites:
Operator ___________________________
Name ___________________________
Address ___________________________
City ___________________________
Current cost estimates:
Closure _______________
Postclosure care _______________
Corrective action _______________
TOTAL _______________
Operator ___________________________
Name ___________________________
Address ___________________________
City ___________________________
Current cost estimates:
Closure _______________
Postclosure care _______________
Corrective action _______________
TOTAL _______________
Operator ___________________________
Name ___________________________
Address ___________________________
City ___________________________
Current cost estimates:
Closure _______________
Postclosure care _______________
Corrective action _______________
TOTAL _______________
I have enclosed with this letter the [bonds, warrant] that provide(s) collateral for the [closure, postclosure care, corrective action] expenses that will be incurred at the site(s) listed above.
Financial Test
[Indicate the source of the market value estimates and provide details of estimating methods]: _
_
I hereby certify that the wording of this letter is identical to the wording specified in Minnesota Rules, part 7035.2805, subpart 8, as such rules were constituted on the date shown below.
**Subp. 9. Resolution establishing a dedicated long-term care trust fund.**
A resolution establishing a dedicated long-term care trust fund, as specified in part 7035.2720, must be worded as specified in this part, except that the instructions in brackets must be replaced with the relevant information and the brackets deleted.
RESOLUTION ESTABLISHING A DEDICATED
LONG-TERM CARE TRUST FUND
WHEREAS the [county, city, authority] of [name], as [owner, operator] of the [facility name] mixed municipal solid waste land disposal facility, is required under Minnesota Statutes, section 116.07, subdivision 4h, and Minnesota Rules, part 7035.2695, to provide evidence of financial assurance for the [name(s)] mixed municipal solid waste land disposal facility, and the [county, city, authority] of [name] acknowledges the jurisdiction of the Minnesota Pollution Control Agency in this matter;
NOW THEREFORE BE IT RESOLVED that there is created in the [name] [county, city, authority] treasury a dedicated long-term care trust fund, and that money in this fund shall be held in trust and may only be used to pay for closure, postclosure care, or contingency actions as specified in Minnesota Rules, parts 7035.2605 to 7035.2655, and in the permit(s) that apply to the facility(ies) referenced above, and that deposits into the fund shall conform with the requirements of Minnesota Rules, part 7035.2720, and that no disbursements from the fund shall be made without the written permission of the commissioner of the Minnesota Pollution Control Agency, and that the [county, city, authority] of [name] is bound to reimburse the Minnesota Pollution Control Agency for any legal and administrative costs incurred in actions taken to force the [county, city, authority] to act on this resolution, and that the money needed to make such reimbursements shall not be taken from the dedicated long-term care trust fund, and that [name and title] and [his, her] successors in office shall be the fund's trustee and shall be responsible for making all reports required under Minnesota Rules, part 7035.2720.
_
[title]
STATE OF MINNESOTA
[County, city, authority] of [name]
I, [name], [title] of [name] [county, city, authority] certify that the above resolution was adopted at the regular meeting of the [name] [county, city, authority] [name of appropriate body, e.g., Board of Commissioners] on the ____ day of _________, 20__.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 18 SR 614; L 1998 c 254 art 1 s 107; 30 SR 529*
##### **Minn. R. 7035.2815** Mixed Municipal Solid Waste Land Disposal Facilities {#sec-7035.2815 omnilex-key=us-mn-regs-official--agency-167--7035.2815}
**Subpart 1. Scope.**
The requirements of subparts 2 to 16 apply to landowners and owners and operators of facilities that dispose of mixed municipal solid waste in or on the land, except as provided in part 7035.2525, subpart 2.
**Subp. 2. Location.**
Land disposal facilities must be located in accordance with items A to C and part 7035.2555:
A. A facility must be located only in an area where:
B. Unless the owner or operator provides an engineered secondary containment system, a facility cannot be located in an area where the hydrologic or topographic conditions would allow rapid or unpredictable pollutant migration, impair the long-term integrity of the facility, or preclude reliable monitoring. The additional engineering must be approved by the commissioner and must consist of at least:
C. A land disposal facility must not be located on a site where:
**Subp. 3. Hydrogeologic evaluation.**
The owner or operator must complete a hydrogeologic evaluation in accordance with items A to I.
A. The owner or operator of a mixed municipal solid waste land disposal facility must investigate and define the hydrogeologic conditions at the facility. The hydrogeologic evaluation is required to obtain or retain a facility permit, and must be included in the application for a permit under parts 7001.3275, 7001.3300, and 7001.3475. The owner or operator must provide updates and revisions to the hydrogeologic evaluation as needed to clarify and define changes in the hydrogeologic conditions. The owner or operator may use previous data and field installations to help fulfill the hydrogeologic evaluation requirements. If the commissioner determines that portions of this previous work are reliable, well-documented, and comparable in information content, they may be substituted for the corresponding type and number of work items required in this subpart.
B. The hydrogeologic evaluation must be conducted in phases, in which the work done under each of the items E to I makes use of the results of the work required under the preceding items.
C. The owner or operator must define the hydrogeologic conditions within at least the following areas:
D. Where drilling methods, testing methods, minimum quantities or depths, and reporting requirements are specified in items E to I, the owner or operator may propose alternative procedures if subsurface conditions indicate a need for these procedures. The commissioner may approve or require changes from the requirements in items E to I for good cause, including cases where:
E. In the first phase of the hydrogeologic evaluation, the available published and unpublished information about the facility site and surrounding area must be evaluated. The report for this phase must include at least the following information wherever it is available or can be developed from available sources:
F. In the second phase of the hydrogeologic evaluation, the owner or operator must evaluate in detail the distribution and properties of the earth materials underlying the site and the ground water conditions beneath the site.
G. The report for the second phase of the hydrogeologic evaluation must contain at least the following information generated under item F:
H. In the third phase of the hydrogeologic evaluation, the water monitoring system must be designed and installed based on the information obtained under items E to G. The monitoring system must comply with the requirements of subpart 10.
I. In the fourth phase of the hydrogeologic evaluation, water quality information must be collected from the monitoring system and interpreted. Water quality monitoring must comply with the requirements of subpart 14.
**Subp. 4. Ground water performance standards.**
The owner or operator must design, construct, operate, and maintain the facility to achieve compliance with items A to J.
A. A compliance boundary must be established at each facility in accordance with items B and C. If the conditions in item D or E apply, a lower compliance boundary and surface water compliance boundary may also be established. Ground water quality must comply with items E, F, and H at the locations given in item F. If an intervention limit established under items E, F, and H is exceeded in ground water at any location, the owner or operator must take the actions specified in item G.
B. The owner or operator must propose the locations of the compliance boundary. The owner or operator shall submit the proposed locations to the commissioner for review and approval, together with the rationale for the selected locations, supporting information, and any additional information the commissioner may require to describe the locations of the boundaries in the facility permit.
C. The compliance boundary must be established in accordance with subitems (1) and (2).
D. In addition to the compliance boundary required of all facilities under item C, the commissioner shall designate a lower compliance boundary at any facility where there is a potential for substantial pollutant migration downward to a deeper aquifer used locally as a source of water supply. The lower compliance boundary shall be designated at a contact between soil or hydrogeologic units, or other definable surface within the saturated zone, and shall be located to prevent adverse effects on water supplies.
E. The commissioner may designate a surface water compliance boundary if it is determined, by the analysis under subpart 3, item G, subitem (7) or otherwise, that pollutants entering the ground water from the facility may migrate to surface water at concentrations that could adversely affect the quality of surface water.
F. Except as provided in items E and H and this item, pollutant concentrations in ground water must not exceed the standards listed in this item at or beyond the compliance boundary and at or below the lower compliance boundary. The standards and intervention limits for these two boundaries are as follows:
G. If an intervention limit established under items E, F, and H is exceeded in ground water at any location where the facility's impacts are monitored, the owner or operator must take the following actions:
H. In lieu of the intervention limits and standards under items E and F, the commissioner may establish alternative standards and intervention limits in the facility permit as follows:
I. If a substance is not detected in a sample and the limit of detection is higher than the intervention limit or standard for that substance, the intervention limit or standard will not be assumed to have been attained or exceeded.
J. The commissioner, after investigation and evaluation, may require the owner or operator to implement the facility contingency action plan and to take corrective action under the following circumstances, even if a standard or intervention limit established under this subpart is not being exceeded:
**Subp. 5. Design requirements.**
The design requirements for a mixed municipal solid waste land disposal facility are as follows:
A. The owner or operator must develop an engineering report for the site. The report must include specifications for site preparation. The report shall be submitted with the final permit application required under part 7001.3300. These specifications as they relate to phase development of the facility must be established in the engineering report. Site preparations include clearing and grubbing for disposal areas and building locations, topsoil stripping and storage, cover material excavation, other excavations, berm construction, drainage control structures, leachate collection and treatment system, ground water monitoring system, gas monitoring and collection system, entrance and access roads, screening, fencing, and other special design features.
B. The owner or operator must develop the site in phases. Each phase must contain individual cells that will provide for filling in a manner to achieve final waste elevations as rapidly as possible. The phases must be designed and constructed to minimize moisture infiltration into the fill areas while maintaining stable slopes and appropriate operating conditions. The owner or operator must consider seasonal phases in order to accommodate the differences between wet and dry and warm and cold weather operations. The owner or operator must bring each phase to the final waste contours, as shown on the ultimate site development plan, and close the phase according to the approved facility closure plan.
C. Any new fill area at a land disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the commissioner based on existing filling procedures, existing site structures, the facility design, compliance boundaries, and existing land restrictions.
D. The owner or operator must divert surface water drainage around and away from the site operating area. A drainage control system, including changes in the site topography, ditches, berms, sedimentation ponds, culverts, energy breaks, and erosion control measures, must take into consideration at least the following features:
E. The owner or operator must design and maintain slopes and drainageways to prevent erosion, particularly of liner and final cover materials. Slopes greater than 200 feet long must include diversion drainageways unless the commissioner approves a greater distance based on sedimentation run-off calculations, proposed design features and sedimentation control devices. Where water runs off top slopes onto steeper side slopes, the owner or operator must evaluate the need for drainageways around the perimeter of the top slope and flumes or drop structures to prevent erosion of the cover. Drainageways must include energy breaks and concrete or rip rap reinforcement necessary to prevent erosion.
F. The owner or operator must provide a sediment settling pond if run-off would otherwise carry excessive sediment off the facility property. The commissioner may require monitoring of water quality within or beneath a sedimentation pond and corrective actions if adverse water quality effects are detected.
G. The final contours for the fill area must be a minimum three percent and a maximum 20 percent slope unless the commissioner approves other contours based on existing site topography, design plans, and operating conditions.
H. The facility design must include:
**Subp. 6. Intermittent, intermediate, and final cover system.**
The owner or operator of a mixed municipal solid waste land disposal facility must design and maintain a cover system capable of minimizing infiltration of precipitation into the fill areas, preventing surface water ponding on fill areas, controlling gas movement, preventing erosion of surface and side slopes, reducing wind erosion and wind blown litter, minimizing the creation and movement of dust, retaining slope stability, reducing effects of freeze-thaw and other weather conditions, maintaining vegetative growth while minimizing root penetration of the low permeability cover layer, and discouraging vector and burrowing animal intrusion into the site. A complete cover system must consist of intermittent, intermediate, and final covers as outlined in items A to E.
A. The owner or operator must place an intermittent cover upon all exposed solid waste in accordance with the approved operation and maintenance manual for the site. The owner or operator shall submit to the commissioner for approval a proposed cover system that addresses the frequency and depth of placement and the material to be used as cover. The frequency of placement may be no less than once per week. The cover depth must be sufficient to cover the waste completely and must be at least six inches if soil or similar material is used. The commissioner, in approving the proposed cover system, must consider the characteristics of the proposed cover material, the characteristics of the solid waste, the leaching potential of the solid waste, the design and operation of the facility, and the potential for nuisance conditions if other than daily cover is proposed.
B. The owner or operator must place intermediate cover on all filled surfaces of the facility where no additional solid waste will be deposited within 30 days. The intermediate cover must consist of compacted material of sufficient depth, at least 12 inches if soil or similar material is used, to cover the waste completely, and graded to prevent surface water ponding.
C. The owner or operator of an existing mixed municipal solid waste land disposal facility must comply with the final cover requirements of subitems (1) to (4) if, within 18 months after November 15, 1988, waste will no longer be received and the facility will be closed.
D. The owner or operator of a new mixed municipal solid waste land disposal facility or an existing facility or portions thereof that will close or reach final permitted waste elevations more than 18 months after November 15, 1988, must comply with the requirements of subitems (1) to (9).
E. The owner or operator must place all cover material for the barrier, buffer, and drainage layers in lifts of no more than six inches and compact the lifts within zero to five percent of optimum moisture content to achieve 95 percent Standard Proctor of maximum density according to the compaction test of subpart 8. The owner or operator must not compact the uppermost six inches to this specification.
**Subp. 7. Liner requirements.**
Any previously unfilled portion of an existing mixed municipal solid waste land disposal facility or any portion of a new mixed municipal solid waste land disposal facility must be lined. An extension of 18 months from November 15, 1988, may be granted by the commissioner to the owner or operator of an existing mixed municipal solid waste land disposal facility provided the owner or operator shows that the liner is unnecessary for that time based on: subsurface geologic conditions; ground water and surface water flow patterns; ground water and surface water quality; depth to ground water; distance to surface water; remaining site capacity; design and construction techniques to be used to mitigate leachate generation; and other site conditions that exist and will minimize impacts on the environment.
A liner is not required for existing disposal areas at existing mixed municipal solid waste land disposal facilities that will be expanded vertically. However, a permit for a vertical expansion may be granted by the commissioner only if the owner or operator shows that the expansion will not increase the potential for harm to human health or the environment. The owner or operator shall submit to the commissioner an engineering and hydrogeologic report containing a detailed analysis of the impact the expansion would have on the environment and human health. The report must also contain the design and construction modifications to be used at the facility to minimize impacts on the environment. The report must include a hydrogeologic evaluation as outlined in subpart 3; a feasibility study on minimizing leachate generation, controlling leachate movement, and on treating ground water and surface water pollution; an evaluation of long-term monitoring; and an appropriate adjustment to the financial instruments in place for the facility.
The liner installed at a mixed municipal solid waste land disposal facility must comply with the requirements of items A to N. The lined portion of the disposal area must be separated from any existing fill area by low permeability material to the extent practicable, be designed to collect the additional water movement from the old fill area to the new fill area, and prevent movement of water from the new fill area to the old fill area.
A. The liner system in combination with the cover system must achieve an overall site efficiency of 98.5 percent collection or rejection of the precipitation that falls on the disposal area and minimize the amount of leachate leaving the fill site to the soil and ground water system below the site.
B. The liner system must be compatible with the waste and leachate.
C. The liner must maintain its integrity for the operating life of the facility and the postclosure care period.
D. The liner system must consist of at least the following:
E. A natural soil barrier liner must be at least four feet thick. A synthetic membrane must be at least 60/1000 of an inch thick for an unreinforced membrane or 30/1000 of an inch thick for a reinforced membrane. A synthetic membrane must meet the specifications of the National Sanitation Foundation, Standard Number 4, Flexible Membrane Liners, November 1983, Ann Arbor, Michigan. The synthetic membrane must be placed over a natural soil barrier liner at least two feet thick. The drainage layer must consist of at least 12 inches of suitable soil material or an equivalent synthetic material.
F. The barrier liner must have a permeability no greater than 1 x 10-7 centimeters per second. The drainage layer must have a permeability of 1 x 10-3 centimeters per second or greater throughout.
G. The base of the liner must be graded to a minimum two percent and a maximum ten percent slope and the side slopes must be no steeper than 50 percent.
H. The barrier layer must be compacted in lifts no greater than eight inches.
I. The drainage layer must cover the base liner and the side slopes.
J. The liner must be designed to have a leachate collection efficiency of at least 95 percent of the precipitation falling on the fill area. The efficiency calculation must consider the liner thickness, the liner slope, the saturated hydraulic conductivity of the liner and drainage layer, the drainage layer thickness, the permeability of the drainage layer and liner, the porosity of the drainage layer, the flow distance to collection pipes, and the amount of leachate to be generated and collected based on annual infiltration and ground water inflow.
K. An alternative liner system design may be used when approved by the commissioner. The commissioner's approval shall be based on the ability of the proposed liner system to control leachate migration, meet performance standards, and protect human health and the environment.
L. The owner or operator of a mixed municipal solid waste land disposal facility must discuss the design of the liner system in the engineering report required in part 7001.3475, item D and must address at least the following:
M. The liner system must be protected from damage during operation of the facility by a method approved by the commissioner.
N. The installation of the liner must comply with the construction specifications developed under subpart 12.
**Subp. 8. Cover and liner evaluation.**
Soils intended for use as cover or liner material must be evaluated for the following properties as appropriate:
A. particle size distribution according to ASTM D421, ASTM D422, and ASTM D2217;
B. percent fines according to ASTM D1140;
C. Atterberg limits according to ASTM D423, ASTM D424, and ASTM D427;
D. specific gravity according to ASTM D854;
E. soil description according to ASTM D2488;
F. soil classification according to ASTM D2487;
G. water content according to ASTM D2216 and ASTM D3017;
H. compaction according to ASTM D698 or ASTM DM1557;
I. consolidation according to ASTM D2435;
J. permeability according to ASTM D2434;
K. mineralogy according to the American Society of Agronomy and American Society for Testing and Materials;
L. unconfined compression according to ASTM D2166;
M. triaxial compression according to ASTM D2850;
N. cation exchange capacity according to Methods of Soil Analysis, Agronomy Monograph No. 9, C.A. Black, editor, American Society of Agronomy, Madison, Wisconsin, 1965; and
O. the nutrient content, pH, and percent organic matter for topsoils used to grow vegetation. Alternative test methods may be used upon written approval by the commissioner.
**Subp. 9. Leachate detection, collection, and treatment system.**
The facility design must include a leachate detection, collection, and on-site or off-site treatment system. The detection system must monitor the level of leachate build-up in the fill area and the effectiveness of the liner system. The collection and treatment system must collect the leachate for proper treatment. If leachate treatment will take place off-site, the owner or operator must provide pretreatment of the leachate, if necessary. The system must comply with items A to K.
A. The owner or operator must install the detection system at the lowest elevation of the fill area and throughout the fill area, as necessary, to monitor leachate build-up and for use as a part of the collection system. The detection system must be capable of monitoring leachate build-up in the fill area and consist of collection lysimeters and standpipes capable of monitoring, detecting, and collecting leachate movement through the liner. The detection system must consist of materials compatible with the leachate. The commissioner may approve a detection system without collection lysimeters or standpipes provided the owner or operator shows either to be unnecessary based on the liner system, subsurface soil conditions, ground and surface water flow patterns, depth to ground water, and the amount of leachate generated. The detection system must be designed and constructed to monitor the effectiveness of the leachate storage area.
B. The owner or operator must construct a clean-out system capable of cleaning the entire collection system. Clean-out structures must be spaced no more than 500 feet apart.
C. The owner or operator must design the size of the collection system in accordance with subitems (1) to (4).
D. The height of free standing liquid over the liner in the fill area must not exceed one foot.
E. The unintercepted leachate flow distance along the drainage layer must not exceed 100 feet.
F. The design of the collection system must include collection pipes of sufficient diameter to handle the flow and allow cleaning. The pipes must be capable of handling loads experienced during construction and disposal of solid waste. The engineering design report must contain the buckling capacity and compressive strength of the pipe. The pipes must be placed in lined trenches and covered with a suitable filter material or geotextile membrane designed and constructed to encourage flow to the pipe and prevent infiltration of fine-grained soils. The geotextile membrane must not be placed in contact with the collection pipe.
G. The collection pipes must be trenched into the barrier liner with the same thickness of liner beneath the pipes as exists elsewhere or be constructed under a positive projection condition.
H. The collection system must consist of pipes resistant to chemical and biological breakdown as a result of contact with the leachate.
I. The design and construction of the collection system must be coordinated with the planned phase development for the site and the amount and timing of leachate generation.
J. The collection system must be designed to allow the collection of leachate samples for chemical analysis.
K. The owner or operator must design and construct the collection system to transport leachate into a holding area for testing and treatment prior to disposal, if the holding area is necessary. The owner or operator must design any holding area or treatment system compatible with the leachate and capable of preventing releases of leachate to the environment. The treatment and disposal of leachate must comply with parts 7001.0010 to 7001.0210, and 7001.1000 to 7001.1100. The design and construction of a leachate treatment and disposal system must be completed in accordance with a feasibility study conducted by the owner or operator and approved by the commissioner.
**Subp. 10. Water monitoring systems.**
The owner or operator must design, install, and maintain a water monitoring system in compliance with items A to T.
A. A water monitoring system must be installed at a mixed municipal solid waste land disposal facility and must be designed, constructed, and operated:
B. The owner or operator must demonstrate the adequacy of the water monitoring system to reliably detect pollution and to comply with the requirements of this subpart. The numbers, types, locations, and depths of monitoring points, and the separation distances between them, must be designed based on:
C. Water monitoring systems must include monitoring points situated as follows:
D. The owner or operator shall provide monitoring points or instrumentation other than conventional monitoring wells if these installations are needed to fulfill the requirements of this subpart. The commissioner shall require separate monitoring points whenever necessary to monitor conditions other than ground water quality, including hydraulic head, ground water or surface water flow, and leachate quality and movement in the unsaturated zone.
E. Before any monitoring point is constructed, sealed, rebuilt, or redeveloped, the owner or operator must submit the design and description of the proposed actions to the commissioner for review and approval. Approval must first be obtained from the Minnesota Department of Health, as required in part 4725.1860, before constructing a monitoring well that extends into any aquifer below the aquifer nearest the ground surface.
F. Monitoring wells and piezometers must be designed, constructed, maintained, and sealed in compliance with this subpart and with chapter 4725, Department of Health Water Well Construction Code.
G. Monitoring wells must be designed and constructed to function properly over the intended operating life of the well, to prevent vertical movement of ground water and pollutants within and along the well and drill hole, and to be pressure tight without leakage at casing joints.
H. The owner or operator must ensure that in all phases of monitoring well construction, drilling, installation, and completion, the methods and materials used do not introduce substances that may interfere with water quality analysis.
I. Where well construction materials are unsuitable for sampling some substances, the commissioner may allow the owner or operator to install two or more adjacent monitoring points constructed of different materials to allow testing of all required substances.
J. Monitoring wells and filter packs must be designed based on the site hydrogeologic characteristics including the permeability and particle size distribution of the formation material at the screen or intake interval.
K. Monitoring wells must be clearly and permanently marked with a Minnesota Unique Well Number and, if different from the unique number, the identifying well name or number used in the facility plans, permit, and water quality data records.
L. Monitoring wells must be protected from damage and unauthorized access as required under part 4725.1860, subpart 5, except that a locked metal cap must be used. Caps must be kept locked when the well is not being monitored.
M. A monitoring well must be developed after installation and, if necessary to minimize the entry of soil particles into the well or to restore well yield, during its operating life. After development, the owner or operator must analyze unfiltered water samples from the monitoring well for suspended solids, and must measure the depth of the well to verify that the well is free of accumulated sediment. The commissioner may require additional measures including additional development or installation of a new monitoring well, where necessary to reduce the entry of sediment into the monitoring well.
N. After development, the owner or operator must conduct a stabilization test, recovery rate test, or other appropriate procedure to estimate the rate and length of time the well must be pumped and the volume of water that must be removed before each sampling to ensure that water samples are representative of actual ground water quality.
O. Accurate records must be kept of the soil or rock types encountered while installing a monitoring point. The soils logging procedures must meet the requirements for soil borings contained in subpart 3, item F, except that the commissioner may approve alternative procedures upon written request by the owner or operator if these soil logging requirements are unnecessary or infeasible for a particular monitoring point. Where conditions during drilling result in an unanticipated change to a drilling method that does not provide the required soils information, the owner or operator must notify the commissioner and request approval of a change as soon as possible and must submit an explanation of the reason for the change with the construction and installation record required under item P.
P. Within 30 days after installing or sealing a monitoring point, the owner or operator shall submit to the commissioner a record of the monitoring point construction or sealing. The record must state the dates when the work was done.
Q. Unless the commissioner has approved alternative methods under item O, the soils and well construction log must contain the soils information required in subpart 3, item F. The soils and well construction logs may be combined onto one log if the required information can be clearly shown. The well construction log must include a drawing of the well in vertical cross-section, the identification and location of the well, and the following information regarding the well's construction:
R. Piezometers that will not be used to measure water quality must comply with items E to G, J to M, O to R, and T. They must be designed and constructed to accurately measure hydraulic head in the portion of the aquifer or formation immediately surrounding the screen or intake area and to minimize the time lag between fluctuations in head outside the piezometer and the inside water level. If the time lag is too large, the commissioner may require pressure transducers or other alternative designs to be used.
S. Surface water monitoring points must comply with the following requirements:
T. Sampling personnel must inspect monitoring points and markers each time the monitoring point is measured or sampled. The owner or operator must inspect monitoring points and markers at least annually. The owner or operator must correct damaged or obstructed monitoring points, or other conditions that interfere with the proper functioning of the monitoring point within the time periods required for monitoring wells in part 4725.1860, subpart 5, item E. The owner or operator must resurvey the elevation of the top of the casing immediately after any change or repair that may have altered its elevation. The owner or operator must revise the well construction log, the monitoring protocol under subpart 14, item H, and the facility plans to show the new elevations, previous elevations, and the date of each change in elevation and submit the revised log and plans to the commissioner within 30 days after the change or repair.
**Subp. 11. Gas monitoring, collection, and treatment system.**
The concentration of any explosive gas must not exceed its lower explosion limit at the property boundary or 25 percent of its lower explosion limit in and around facility structures or any other on-site monitoring point. A gas monitoring, collection, and treatment system must be designed to meet the requirements of items A to G.
A. The gas monitoring system, at a minimum, must be capable of monitoring gas build-up in a facility structure and at the property boundary. The commissioner shall establish monitoring requirements (including water quality parameters that indicate gas migration) in the permit, closure document, order, or stipulation agreement. Field inspection to detect odors and signs of vegetative stress, and portable or in-place probes to monitor explosive gases must be included in the monitoring system.
B. Gas monitoring probes must be placed between the disposal site and on-site structures or property lines. The probes must be placed no closer to the property line than the compliance boundary defined in subpart 4, item C, to allow for installation of control measures. If the owner or operator believes that monitoring probes are unnecessary or infeasible, the owner or operator shall submit reasons to the commissioner to support this belief. The commissioner will decide on the need for monitoring probes based on the waste characteristics, fill size, surrounding soils, the water table, and the proximity to occupied buildings.
C. Probe depths and locations must be based on the soils, site geology, depth of fill, water table, and depth of frost.
D. At a minimum, each mixed municipal solid waste land disposal facility must be designed and constructed with gas vents. The number and placement of the gas vents must release gas pressure in the fill area to prevent ruptures of the cover system and to encourage vertical gas migration.
E. The gas control systems must extend below the facility to the water table or to a subsurface soil capable of impeding the movement of gas. The gas control system must be located adjacent to the fill area.
F. The size of the gas collection system must be based on the volume and type of waste to be received at the site. The owner or operator must determine the need for a gas collection system and discuss in the engineering report how the need was determined. The commissioner shall review the determination during the permit review process and again at closure. Approval of a gas monitoring system without collection at the time of permitting shall not limit future requirements determined necessary by the commissioner based on the volume of gas generated at the facility, the proximity to residential or business property, or problems experienced at the facility in maintaining vegetative growth or accumulation of gas in site structures.
G. A gas monitoring program must include sampling and analysis for the amount and type of gas generated. The monitoring program must be included in the operations manual for the facility. The program must account for variation in gas generation and migration due to climatic conditions, variation in the amount of waste in place at the facility, and the length of time the waste has been in place. The operations manual must include the techniques to be used to monitor gas at the site.
**Subp. 12. Construction requirements.**
The construction requirements in items A to M must be incorporated into the project specifications for all major design features, at a minimum.
A. The owner or operator must notify the commissioner at least seven days before the day construction is expected to begin on the major design features, including phase excavation, phase construction, liner installation, monitoring well installation, and the placement of final cover.
B. The construction firm's inspector must record all procedures completed during construction at a mixed municipal solid waste land disposal facility. The record must document that design features were constructed in accordance with parts 7035.2525 to 7035.2815 and 7035.2855. This record must include pictures, field notes, and all test results.
C. The owner or operator must install a permanent benchmark on-site and show its location on the facility as-built plan.
D. The owner or operator must complete tests for compaction, Atterberg limits, grain size distribution, lab and field permeability, and field moisture density, at a minimum, on liners and final covers constructed at the facility to ensure the requirements of subparts 5 to 9 are met. The owner or operator must retain a portion of the field-molded and field-compacted samples of liners and the final cover layers until the construction certification is complete.
E. Unless otherwise noted in subparts 5 to 9, the minimum permissible cover slope is three percent and the maximum permissible cover slope is 20 percent.
F. As horizontal phases are installed, the liner must be joined to existing liners.
G. Flexible membranes must be installed during dry conditions. The seams joining membrane panels must be inspected as construction proceeds. Seams must be air tested and field seams must be tested for tensile strength. All flexible membranes must be protected after placement. The natural layer above and below the barrier layer must be free of roots, sharp objects, rocks, or other items that might puncture the liner.
H. Barrier liners constructed of in situ soils must be formed by scarifying and recompacting these soils.
I. All pipe used in constructing the leachate collection system must be tested for deformations. The allowable pipe deflection is five percent.
J. All pipes exiting the lined area must be fitted with antiseep collars.
K. Vegetative growth on liners must be prevented.
L. The liner and cover slopes must be surveyed and staked during placement.
M. A quality control/quality assurance program must be established for all construction projects. The program must include the tests to be completed during construction. The program also must establish the frequency of inspection and testing, the accuracy and precision standards for the tests, procedures to be followed during inspections and sample collection, and the method of documentation for all field notes including testing, pictures, and observations.
**Subp. 13. Operation and maintenance requirements.**
A mixed municipal solid waste land disposal facility must be operated by a certified operator, as defined in parts 7048.0100 to 7048.1300. A certified operator must be present during the time that the facility is open to accept waste. The facility operations must meet the requirements of items A to W, at a minimum.
A. Solid waste must be spread and compacted in layers two feet or less in depth.
B. All mixed municipal solid waste must be sloped to promote drainage off the fill area.
C. The waste must be covered in accordance with the approved intermittent cover system required in subpart 6.
D. When no solid waste will be placed on a fill area for 30 days or more, intermediate cover, as defined in subpart 6, item B, must be spread and compacted over the waste.
E. Each fill phase, upon reaching final permitted waste elevations, must be covered in accordance with subpart 6, item C or D, as appropriate.
F. Each fill phase must be outlined with grade stakes and approved by the commissioner in accordance with subpart 12 before the deposition of any waste.
G. Resource recovery operations must be confined to the designated areas approved in the facility permit. Storage areas must be kept as small as practical, must be marked with signs, and must not interfere with normal mixed municipal solid waste disposal operations.
H. A mixed municipal solid waste land disposal facility must not be used to store more than 10,000 waste tires above ground or to process more than 500 waste tires unless a waste tire facility permit is obtained by the owner or operator as required under Minnesota Statutes, sections 115A.90 to 115A.914.
I. The facility must be inspected in accordance with the schedule approved by the commissioner for at least the following items: uncontrolled vegetative growth, soil erosion on slopes and completed areas, vandalism on the monitoring systems, rodents and burrowing animals, malfunctions in the leachate and gas detection and collection systems, and settlement in completed areas.
J. All leachate must be sampled and analyzed in accordance with subparts 9 and 14.
K. The leachate collection system must be cleaned annually.
L. The amount of leachate collected must be monitored and recorded.
M. Corrective actions must be implemented to repair any conditions not in compliance with parts 7035.2525 to 7035.2815.
N. Dead animals must be disposed of under chapter 35.
O. Demolition debris and construction waste may be deposited in an area separate from the mixed municipal solid waste.
P. Sampling and analysis of ground water must be completed in accordance with subparts 10 and 14.
Q. Gas monitoring must be completed in accordance with subpart 11.
R. Procedures for operating the facility during wet weather conditions must provide protection for liners, covers, and other design features that might be disrupted by additional loads in a saturated condition.
S. The fill area must be surveyed annually before November 1 by a land surveyor registered in Minnesota. An updated existing conditions plan must be submitted with the annual report required in part 7035.2585. The plan must show the elevations of completed fill areas, areas partially filled, and all design features that changed in elevation due to facility operations or settlement. The remaining fill capacity must be calculated and shown on the plan.
T. All trenches or area fills must be staked with permanent markers.
U. All lined areas must have at least six feet of solid waste in-place on the liner by December 31 of each year. No disposal may take place on uncovered areas after December 31 without testing the liner integrity and approval granted by the commissioner.
V. All closure costs expended under part 7035.2625, all postclosure care cost expenditures made under part 7035.2645, and all corrective action expenditures made under part 7035.2615 must be recorded and maintained in the operating record.
W. The sequence and direction of below-grade operations must be conducted to prevent surface water from entering the fill area.
**Subp. 14. Sampling and analysis.**
The owner or operator must ensure that sampling and analyses for pollutants are conducted in compliance with items A to Q.
A. The owner or operator must monitor ground water quality and, where required in permits, orders, and stipulation agreements, surface water quality and leachate quality. This monitoring must comply with parts 7035.2525 to 7035.2875, 7050.0150, and 7060.0800, and the agency issued facility permit.
B. The commissioner shall establish the requirements for monitoring water quality and leachate quality for each facility, including sampling locations, sampling schedule, constituents to be analyzed, and other necessary sampling procedures. The owner or operator must provide information needed to establish the requirements and to support any conditions proposed by the owner or operator. In establishing the monitoring requirements, the commissioner must consider at least the following factors:
C. Until the commissioner has established facility-specific monitoring requirements under item B, the owner or operator must comply with the monitoring requirements of this item. Water quality monitoring points at the facility must be sampled at least three times per year at the times specified in the facility permit. For one of the three sampling events, the owner or operator must provide the field measurements, laboratory analyses, and field and laboratory observations listed in subitems (1) and (2) for all ground water monitoring points. For the other two sampling events, the owner or operator must provide only the measurements and observations listed in subitem (2) for all ground water monitoring points. Where existing monitoring points may be unsuitable for sampling some or all of the listed substances, the commissioner may make appropriate changes in the monitoring requirements.
D. In addition to the constituents listed in item C, the commissioner may require monitoring of:
E. The owner or operator must determine the initial water quality in new monitoring points and monitoring systems, including the range of seasonal variation in water quality. The commissioner shall establish sampling frequencies, analytical constituents, and other conditions for the initial water quality monitoring based on the site's ground water flow conditions and known water quality. For new facilities and expansions, background monitoring must be continued at least quarterly until waste disposal activity begins.
F. The owner or operator shall submit only samples collected by persons who have received training in ground water sampling and, if applicable, surface water sampling. This training must cover the procedures established under items G to L for the required classes of analytical constituents, such as volatile organics or dissolved metals.
G. The owner or operator of a mixed municipal solid waste land disposal facility must develop and keep current a written monitoring protocol for the facility and must ensure the protocol is followed during sampling and sample analysis.
H. At a minimum, the field portions of the monitoring protocol must include the following:
I. The equipment, materials, and procedures used in well evacuation, sampling, and subsequent sample handling must minimize contamination, turbulence, water contact with air, gas exchange, depressurization, adsorption, desorption, chemical reaction, or other alteration of the composition of the water sample.
J. Before evacuating and sampling a monitoring well, the elevation of the water surface or potentiometric surface must be measured to the nearest 0.01 foot. Before sampling, the well must be evacuated using a stabilization or recovery rate test or other procedure developed based on the initial testing done under subpart 10, item N.
K. The commissioner shall require filtration of samples wherever necessary to obtain sediment-free samples representative of actual ground water conditions. Filtration must be done at the monitoring point location using in-line methods or other procedures that minimize the loss of dissolved constituents from solution.
L. At the time of sampling, the persons conducting the sampling must record their procedures, measurements, and the condition of the monitoring point. The field records must be sufficient to document whether the procedures under items G to K have been followed. The records must contain the names of the persons conducting the sampling, the time and date each monitoring point was sampled, water elevations and other required field measurements, and the evacuation procedures and test results before sampling. The owner or operator must retain the field records throughout the operating life of the facility and the postclosure period.
M. Water quality analyses must be performed using methods acceptable to the commissioner based on their performance record, reliability, sensitivity, precision, and accuracy. Analytical methods and quality control procedures must be chosen to yield accurate results within the range of concentration and composition of the samples analyzed. All appropriate actions must be taken to minimize error and to assure the reliability, precision, and accuracy of the analytical results. Where the limit of detection or the limit of quantitation for a substance is higher than the concentration of concern, including the standard or alternative standard established under subpart 4, the commissioner may investigate the feasibility of attaining lower analytical limits and must require lower limits if necessary and feasible.
N. The monitoring protocol must contain the analytical and quality assurance procedures that will be followed for all samples originating from the facility. The protocol must include written procedures covering the following areas:
O. The quality assurance program under item N must include quality control procedures to assess the reliability, precision and accuracy of the analytical results. The monitoring protocol must describe and state the conditions for and frequencies of use of field and trip blanks, laboratory blanks, calibration standards, internal and external laboratory control samples, laboratory spikes, laboratory duplicates, laboratory replicates, and other quality control procedures.
P. The owner or operator shall submit monitoring results to the commissioner by the dates specified by permit, order, or stipulation agreement. The monitoring results must be accompanied by information sufficient to establish the reliability, precision, and accuracy of the reported values, including the following:
Q. Once a year, in accordance with part 7035.2585, the owner or operator shall submit to the commissioner a summary and discussion of the monitoring results. This annual summary must identify recent and long-term trends in the concentrations of monitored constituents and in water elevations, tabulate the analytical results to date and highlight those that exceeded the ground water performance standards of subpart 4 or surface water quality standards, evaluate the effect the facility is having on ground water and surface water quality, and suggest any additions, changes, or maintenance needed in the monitoring system.
**Subp. 15. Contingency action.**
The owner or operator must implement the actions necessary to repair site features or to control, recover, or treat polluted ground or surface waters and explosive or toxic gases. The actions must include the measures dictated by the situation and outlined in the contingency action plan developed under part 7035.2615. The contingency action plan developed under part 7035.2615 must include the repair of clogged collection systems, repair of monitoring wells or probes, repair of cover systems, and the repair of liners or holding areas. If the contingency action plan did not anticipate the level of effort required to protect human health and the environment, actions to bring the facility into compliance with parts 7035.2525 to 7035.2805 must include any necessary work beyond that identified in the contingency action plan.
**Subp. 16. Closure and postclosure care.**
Closure and postclosure care requirements are as follows:
A. Closure of each fill phase must be started within 30 days after reaching final permitted waste elevations. After closure of each fill phase, the owner or operator shall submit a closure certification that complies with part 7035.2635, subpart 3, indicating that closure has been completed in accordance with parts 7035.2625 and 7035.2635.
B. After final closure, the owner or operator must comply with all postclosure requirements contained in parts 7035.2645 and 7035.2655, including maintenance and monitoring throughout the postclosure care period specified in part 7035.2655 and the closure document. The owner or operator must:
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2825** Demolition Debris Land Disposal Facilities {#sec-7035.2825 omnilex-key=us-mn-regs-official--agency-167--7035.2825}
**Subpart 1. Scope.**
The requirements of subparts 2 to 6 apply to owners and operators of demolition debris land disposal facilities granted permit-by-rule status under part 7001.3050, subpart 3. The requirements of subparts 7 to 14 apply to owners and operators of demolition debris land disposal facilities required to obtain a permit under part 7001.3050.
**Subp. 2. Location standards for permit-by-rule facilities.**
Demolition debris land disposal facilities permitted-by-rule must not be located:
A. on a site with karst features including sinkholes, disappearing streams, and caves;
B. within wetland areas;
C. within a floodplain area;
D. within a shoreland area; and
E. with a water table within five feet of the lowest fill elevation.
**Subp. 3. Design requirements for permit-by-rule facilities.**
Demolition debris land disposal facilities permitted-by-rule must be designed in the following manner:
A. Site preparation must allow for orderly development of the site. Initial site preparations must include clearing and grubbing, topsoil stripping and stockpiling, fill excavation, if appropriate, drainage control structures, and other design features necessary to construct and operate the facility.
B. The site must be developed in phases to achieve final fill elevations as rapidly as possible. The design of each phase must take into account weather conditions, site drainage, and the waste flow pattern into the site.
C. Surface water drainage must be diverted around and away from the fill areas.
D. Slopes and drainageways must be designed to prevent erosion. Slopes longer than 200 feet must be interrupted with drainageways.
E. Final slopes for the fill area must be a minimum two percent and a maximum 20 percent.
F. Final cover must consist of at least two feet of soil with the top 12 inches capable of sustaining vegetative growth.
G. Final contours must be consistent with the planned ultimate use for the site.
**Subp. 4. Operation and maintenance requirements for permit-by-rule facilities.**
A demolition debris land disposal facility must be operated by a certified operator in accordance with parts 7048.0100 to 7048.1300. The certified operator must be present during the time the facility is open to accept waste. The facility operations must meet the following requirements:
A. The waste must be spread and compacted to the extent possible.
B. The waste must be covered at least monthly.
C. Suitable cover material must be maintained at the site.
D. Each phase must be staked for proper grading and filling.
E. A minimum separation distance of 50 feet must be maintained between the fill boundaries and the site property line.
F. Only demolition debris may be placed in the fill area.
G. Waste at the site must be stored in accordance with part 7035.2855.
**Subp. 5. Closure and postclosure care for permit-by-rule facilities.**
The owner or operator must close each phase as it reaches final waste elevations. The cover must consist of at least two feet of soil capable of sustaining vegetative growth and minimizing erosion. After closure, the site must be inspected at least once each year between June and September for settlement and erosion problems. All problems at the site must be corrected within 30 days of the inspection. A site closure record must be completed after closure and submitted to the commissioner. A notation must also be placed on the property deed indicating the site use and location of the waste.
**Subp. 6. Notification of permit-by-rule facilities.**
The owner or operator of an existing demolition debris land disposal facility shall submit a letter notifying the commissioner of the facility's existence within 30 days after November 15, 1988. The owner or operator of a new facility shall submit such a letter before operations begin. The notification must include the initial date of operation, the type of waste accepted, the capacity of the site, the location of the site, the users of the facility, and the expected date of closure.
**Subp. 7. Location standards for permitted facilities.**
The owner or operator of a permitted demolition debris land disposal facility must not locate the facility on a site:
A. with active karst features including sinkholes, disappearing streams, and caves; or
B. where the topography, geology, or soil is inadequate for protection of ground or surface water.
**Subp. 8. Design requirements for permitted facilities.**
The owner or operator of a permitted demolition debris land disposal facility must include the following items in the facility design.
A. Specifications for the site preparation must be included in the permit application completed in accordance with part 7001.3300. Site preparation must allow for the orderly development of the facility. Site preparation specifications must address clearing and grubbing, topsoil stripping and storage, cover material excavation, drainage control structures, and all other design features needed to prepare the site for operation.
B. The site must be developed in phases. Each phase must contain individual cells that will provide for filling to final waste elevations. The owner or operator must consider seasonal differences in weather and amount of waste received in determining the length and size of each phase. The owner or operator must bring each phase to the final waste elevations shown on the ultimate development plans and the approved facility closure plan.
C. Surface water drainage must be diverted around and away from the site operating area. The drainage control system must take into consideration the expected final contours, site drainage pattern, the need for temporary structures, and other site conditions that might affect site operations.
D. Slopes and drainageways must be designed to prevent erosion. Slopes greater than 200 feet must be interrupted with diversion drainageways.
E. The final contours of the fill area must be a minimum two percent and a maximum 20 percent slope.
F. A cover system must be included in the facility design and must meet the requirements of subpart 11.
G. The design must address the need and the specifications developed for a water monitoring system.
**Subp. 9. Operation and maintenance requirements for permitted facilities.**
An operator certified under parts 7048.0100 to 7048.1300 must be present at the facility during operating hours. The facility operations must meet the requirements of items A to K, at a minimum.
A. All wastes must be completely covered on a monthly basis, at a minimum, unless the commissioner requires a different frequency of cover based on the wastes accepted, site operations, and site conditions.
B. All wastes must be spread and compacted.
C. Suitable cover material must be maintained at the site. If suitable cover is not available on-site, cover material must be delivered to and stockpiled at the site.
D. Each fill phase, upon reaching final waste contours, must be covered in accordance with subpart 11.
E. Each fill phase must be staked for proper grading and filling.
F. The facility must be constructed, operated, and maintained to promote surface water run-off without erosion.
G. Surface water drainage must be diverted around and away from the active portion of the facility.
H. A minimum separation distance of 50 feet must be maintained between the fill boundaries and the property line.
I. Corrective actions must be implemented to repair any conditions not in compliance with parts 7035.2525 to 7035.2605.
J. Sampling and analysis of ground or surface water must be completed in accordance with subpart 12.
K. The disposal area must be surveyed annually prior to November by a land surveyor registered in Minnesota. An updated plan shall be submitted with the annual report required in part 7035.2585. The plan must show the elevations of completed fill areas, partially filled areas, and all pertinent structures.
**Subp. 10. Hydrogeologic evaluation.**
If a hydrogeologic evaluation is required, the hydrogeologic evaluation must determine the types of soils found on-site, the depth to water, and the general geologic setting. Soil borings must be completed in accordance with part 7035.2815, subpart 3. The commissioner shall base the decision to require a hydrogeologic evaluation on the waste to be disposed of in the facility, the amount of waste disposed of, the size of the facility, known soil conditions, and the known hydrogeologic conditions at the site.
**Subp. 11. Cover design.**
The cover system must be designed and maintained to prevent erosion of surface and side slopes due to surface water, reduce wind erosion, minimize particulate matter, retain slope stability, and maintain vegetative growth, as appropriate. The cover system must consist of a final cover as outlined in items A to C.
A. The final cover must be compatible with the intended end use of the site.
B. The final cover must be capable of sustaining vegetative growth, as appropriate.
C. The final cover must contain materials consistent with the overall site design.
**Subp. 12. Water quality monitoring.**
The commissioner may require water quality monitoring for a permitted demolition debris land disposal facility based on the types of waste accepted, site location, site hydrogeology, length of operating life, size of facility, past and existing operational practices, and potential for human health or environmental harm.
**Subp. 13. Financial assurance.**
The commissioner may require the owner or operator of a permitted demolition debris land disposal facility to obtain financial assurance for the proper operation, closure, postclosure care, and corrective actions at the facility. The commissioner's determination shall be based on the size, site hydrogeology, operating life, past and existing operational practices, and types of waste accepted at the facility.
**Subp. 14. Closure and postclosure care of permitted facilities.**
The owner or operator must close each phase and the entire facility in compliance with the closure and postclosure care plans developed under parts 7035.2625 to 7035.2655.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150*
##### **Minn. R. 7035.2835** [Repealed, 21 SR 327] {#sec-7035.2835 omnilex-key=us-mn-regs-official--agency-167--7035.2835}
[Repealed, 21 SR 327]
##### **Minn. R. 7035.2836** Compost Facilities {#sec-7035.2836 omnilex-key=us-mn-regs-official--agency-167--7035.2836}
**Subpart 1. Scope.**
The owner or operator of a yard waste compost facility must comply with subparts 2 and 3 only. The requirements of subparts 4 to 7 apply to the owner and operator of a facility used to compost solid waste. The owner or operator of a source-separated organic material compost facility must comply with subparts 6 to 11.
**Subp. 2. Notification.**
The owner or operator of a yard waste compost facility shall submit a notification form to the commissioner on a form prescribed by the commissioner before beginning facility operations. The notification must include: the facility location; the name, telephone number, and address of the contact person; the facility design capacity; the type of yard waste to be received; and the intended distribution of the finished product.
**Subp. 3. Operation requirements for yard waste compost facility.**
A. Odors emitted from the facility shall comply with the applicable provisions of any agency odor rules.
B. Composted yard waste offered for use must be produced by a process that includes turning of the yard waste on a periodic basis to aerate the yard waste, maintain temperatures, and reduce pathogens.
C. Compost will not contain greater than three percent inert materials (dry weight) that are greater than or equal to four millimeters as determined by the testing procedure under subpart 5, item J, subitem (3).
D. By-products, including residuals and recyclables, must be stored in a manner that prevents vector problems and aesthetic degradation. Materials that are not composted must be stored and removed at least weekly.
E. Surface water drainage runoff must be controlled to prevent leachate leaving the facility. Surface water drainage run-on must be diverted from the compost and storage areas.
F. The facility shall be constructed and operated to prevent discharge of yard waste, leachate, residuals, and the final product into waters of the state.
G. The facility operator shall submit an annual report to the commissioner by March 1 of each year for the preceding calendar year that includes the type and quantity, by weight or volume, of yard waste received at the compost facility; the quantity, by weight or volume, of compost produced; an average of the inert test results; the quantity, by weight or volume, of compost removed from the facility; and a market description.
**Subp. 4. Design requirements for solid waste compost facility.**
The owner or operator of a compost facility shall submit an engineering design report to the commissioner for approval with the facility permit application. The engineering report must comply with the design requirements in items A to G.
A. Site preparations must include clearing and grubbing for the compost operating and storage areas, building locations, topsoil stripping, excavations, berm construction, drainage control structures, leachate collection system, access roads, screening, fencing, and other special design features.
B. Access to the facility must be controlled by a perimeter fence and gate or enclosed structures.
C. Surface water drainage must be diverted around and away from the site operating area. A drainage control system, including changes in the site topography, ditches, berms, sedimentation ponds, culverts, energy breaks, and erosion control measures, must comply with part 7035.2855, subpart 3, items C to E.
D. The composting, curing, and storage areas for immature compost must be located on a liner capable of minimizing migration of waste or leachate into the subsurface soil, groundwater, and surface water. The liner must have a permeability no greater than 1 x 10-7 centimeters per second and, if constructed of natural soils, be at least two feet thick. The liner must comply with part 7035.2855, subparts 3, item A; 4; and 5.
E. Liquid in contact with waste, immature compost, and residuals must be diverted to a leachate collection and treatment system. The leachate collection and treatment system must comply with part 7035.2855, subpart 3, item B, and the applicable portions of part 7035.2815, subpart 9, items B to K.
F. The facility must be designed for collection of residuals and must provide for the final transportation and proper disposal of residuals.
G. The facility must be designed and operated to control odors in compliance with the applicable provisions of any agency odor rules.
**Subp. 5. Operation requirements for solid waste compost facility.**
The owner or operator of a compost facility shall submit an operation and maintenance manual to the commissioner for approval with the facility permit application. The manual must include a personnel training program plan, a leachate management plan, and a compost sampling plan and must comply with the operation requirements in items A to L.
A. All access points must be secured when the facility is not open for business or when no authorized personnel are on site.
B. The personnel training program plan must address the requirements of part 7035.2545, subparts 3 and 4, and the specific training needed to operate a compost facility in compliance with this subpart and subparts 6 and 7.
C. All wastes delivered to the facility must be confined to a designated delivery area and processed or removed at least once a week to prevent nuisances such as odors, vector intrusion, and aesthetic degradation.
D. All salvageable and recyclable materials must be containerized or stored and removed from the facility in a manner that prevents nuisances such as odors, vector intrusion, and aesthetic degradation.
E. All compost residuals must be stored to prevent nuisances such as odors, vector intrusion, and aesthetic degradation. The residuals must be removed and properly disposed of at least once a week.
F. The leachate management plan must describe how the facility will store, reuse, or dispose of collected leachate. If leachate is to be recirculated into the compost, it must be added prior to initiating the PFRP process described in item I.
G. Odors emitted by the facility must comply with any applicable agency odor rules.
H. The owner or operator must cover or otherwise manage the waste to control wind dispersion of any particulate matter.
I. Compost must be produced by a process to further reduce pathogens (PFRP). The temperature and retention time for the material being composted must be monitored and recorded each working day. Three acceptable methods of a PFRP are described in subitems (1) to (3):
J. The owner or operator must comply with the compost sampling and testing plan approved by the commissioner. Proposed changes to sampling equipment or procedures must be submitted to the commissioner for review and approval. Testing must be conducted when each batch of compost matures. The plan must include the sampling and testing requirements in subitems (1) to (6).
K. An annual report complying with part 7035.2585 must be submitted to the commissioner by March 1 of each year for the preceding calendar year. A record of the following information must be maintained at the facility and included in the annual report:
L. If, for any reason, the facility becomes inoperable, the owner or operator of the facility must notify the commissioner within 48 hours and implement the contingency action plan developed under part 7035.2615.
**Subp. 6. Compost classification.**
Compost produced at a solid waste compost facility must be classified as Class I or Class II compost based on the criteria outlined in items A and B. Compost test results shall be used to classify the compost according to the approved sampling plan under subpart 5, item J, the maturity standard in subpart 5, item J, subitem (1), and the PFRP requirement in subpart 5, item I.
A. Class I compost must meet the following criteria:
B. Class II compost consists of any compost that fails to meet the Class I standards and meets the criteria in subitems (1) and (2):
**Subp. 7. Compost distribution and end use.**
The owner or operator of a solid waste compost facility shall submit a compost distribution plan to the commissioner for approval with the facility permit application. The plan must comply with the requirements in items A to C.
A. Compost distributed or marketed as a fertilizer, specialty fertilizer, soil amendment, or plant amendment, as defined in Minnesota Statutes, section 18C.005, must be registered with the Minnesota Department of Agriculture.
B. The allowable end uses for the compost must be listed and described in the plan.
C. Class I compost may be distributed for unrestricted use. Class II compost may be distributed on a restricted basis. The commissioner or a compost operator trained as required in subpart 5, item B, shall determine the appropriate distribution for a Class II compost used in land application. Compost proposed to be distributed for end uses other than land application may be distributed with the commissioner's approval or as part of the approved facility compost distribution plan under this subpart. All Class II compost distributed must be accompanied by an information sheet or label describing the compost product and its physical and chemical quality, including at least the following information:
**Subp. 8. Location requirements for a source-separated organic material compost facility.**
An owner or operator must not establish or construct a source-separated organic material compost facility in the following areas:
A. within locations described in part 7035.2555;
B. on a site with karst features including sinkholes, disappearing streams, and caves;
C. within five vertical feet of the water table; and
D. unless a different distance is specified by a local unit of government by ordinance, within 500 feet horizontal separation distance as measured from the closest edge of all compost activities to the closest edge of a property boundary of the nearest residence, place of business, or public area, such as parks, wildlife areas, and public buildings, except:
**Subp. 9. Design requirements for a source-separated organic material compost facility.**
A. The owner or operator of a source-separated organic material compost facility must submit an engineering design report to the commissioner for approval with the facility permit application.
B. The engineering design report must comply with the design requirements in subitems (1) to (10).
**Subp. 10. Construction requirements for a source-separated organic material compost facility.**
The owner or operator must include the construction requirements in items A to G in the project specifications for all design features of a source-separated organic material compost facility.
A. The owner or operator must notify the commissioner in writing at least ten days before the day construction is expected to begin on any design features.
B. The construction firm's inspector must record all procedures completed during construction at a source-separated organic material compost facility. The record must document that design features were constructed according to parts 7035.2525 to 7035.2915. The record must include pictures, field notes, and all test results.
C. The owner or operator must install a permanent benchmark on site and show its location on the facility as-built plan.
D. The owner or operator must complete tests for compaction, grain size distribution, and field moisture density, at a minimum, for soil pads constructed at the facility.
E. Flexible membranes must be installed during dry conditions. The seams joining membrane panels must be inspected as construction proceeds. Seams must be air tested and field seams must be tested for tensile strength. All flexible membranes must be protected after placement. The natural layer above and below the barrier layer must be free of roots, sharp objects, rocks, or other items that might puncture the liner.
F. A quality control and quality assurance program must be established for all construction projects. The program must include the tests to be completed during construction. The program must also establish the frequency of inspection and testing, the accuracy and precision standards for the tests, procedures to be followed during inspections and sample collection, and the method of documentation for all field notes including testing, pictures, and observations.
G. If a geomembrane is used, the surface must comply with part 7035.2855, subpart 5.
**Subp. 11. Operation requirements for a source-separated organic material compost facility.**
A. The owner or operator of a source-separated organic material compost facility must submit an operation and maintenance manual to the commissioner for approval with the facility permit application. The manual must include a source-separated organic materials management plan, a personnel training program plan, a contact water management plan, a stormwater management plan, an odor management plan, and a compost sampling plan.
B. The facility operations must at a minimum meet the requirements in subitems (1) to (16).
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 327; 39 SR 857*
##### **Minn. R. 7035.2845** Recycling Facilities {#sec-7035.2845 omnilex-key=us-mn-regs-official--agency-167--7035.2845}
**Subpart 1. Scope.**
The owner or operator of a recycling facility must comply with subparts 2 to 6.
**Subp. 2. Notification.**
The owner or operator of a recycling facility shall submit a notification form to the commissioner on a form prescribed by the commissioner prior to beginning facility operations. The owner or operator shall notify the commissioner no later than 30 days after the effective date when the owner or operator relocates the facility. The owner or operator shall notify the commissioner at least 30 days before the effective date when ceasing operations.
**Subp. 3. Design requirements.**
The owner or operator of a recycling facility shall design and construct the facility to prevent surface water drainage through recyclable and residual materials, to control dispersion of the recyclable materials and residuals by wind, to contain any spills or releases that could harm human health or the environment, to provide for the storage of recyclable materials so as to protect the recyclability of the materials, and to provide for the storage and removal of residuals. Storage of waste on-site must comply with part 7035.2855.
**Subp. 4. Operation.**
The owner or operator of a recycling facility shall effectively control dust, windblown material, vermin populations, and other nuisance conditions at the facility and shall remove all putrescible materials at least once a week. All other residuals must be removed at least once a month.
**Subp. 4a. Annual report.**
By March 1 of each year, the owner or operator of a recycling facility shall submit an annual report to the commissioner, on a form prescribed by the commissioner, indicating the name and address of the recycling facility, the year covered by the report, the type and weight of materials handled at the facility; and the distribution of materials by weight, i.e., what weight of recyclable material received went to an end market, a broker/processor, or was managed as mixed municipal solid waste.
**Subp. 4b. Storage.**
All of the recyclable materials that are delivered to or are stored at the recycling facility must be removed from the facility within three years after the date of receipt. The owner or operator must notify the commissioner annually, in the annual report required in subpart 4a, if recyclable materials are stored longer than one year. The annual report must identify the type and approximate weight of material being stored. Recyclable materials that are stored longer than one year must be stored in such a way that the recyclability is retained.
**Subp. 4c. Inspections.**
The owner or operator of a recycling facility must inspect the facility, at least every 30 days, for malfunctions, deterioration, or discharges that may result in either the release of pollutants to the environment or a threat to human health. The owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment used to prevent, detect, or respond to environmental or human health hazards. The owner or operator must retain at the facility a copy of the schedule which must identify the types of problems to look for during the inspection. The owner or operator must remedy any deterioration or malfunction of equipment or structure no later than two weeks after an inspection. If the owner or operator is unable to remedy the deterioration or malfunction within two weeks due to the nature of the problem, availability of materials, or other factors that influence repair efforts, the owner or operator must remedy the problem as soon as possible and must keep a current summary report of the incident and the steps being taken to remedy the situation.
**Subp. 4d. Operating record.**
The owner or operator of a recycling facility must keep a written operating record at the facility until April 1 of each year for the preceding calendar year. The owner or operator must record the type and weight of recyclable materials received for each quarter and their distribution by weight. The operating record must also include summary reports and details of incidents that require implementing the contingency action plan specified in subpart 5, and records and results of inspections required by subpart 4c.
**Subp. 5. Contingency action plan.**
The owner or operator of a recycling facility shall prepare and maintain a contingency action plan for the recycling facility. The plan must address what actions the owner or operator will take if a fire, spill, or release occurs at the facility and what backup system exists if the owner of operator closes the facility for any period of time.
**Subp. 6. Closure.**
At least 30 days prior to the effective date of closure, the owner or operator of a recycling facility must post a notice of closure at the entrance by signs indicating the date of closure, and must publish a notice of closure in a local newspaper. No later than 30 days after ceasing operations, the owner or operator of a recycling facility must properly remove and treat or dispose of all waste and contaminated soil or structures at the facility.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 19 SR 2330*
##### **Minn. R. 7035.2855** Solid Waste Storage Standards {#sec-7035.2855 omnilex-key=us-mn-regs-official--agency-167--7035.2855}
**Subpart 1. Scope.**
The requirements of subparts 2 to 6 apply to owners and operators of facilities that store solid waste, except as part 7035.2525, subpart 2, provides or as otherwise provided in this subpart.
A. Owners and operators of facilities that store solid waste prior to its beneficial use in accordance with part 7035.2860 must meet the standards in subparts 2, 6, and 7 and are exempt from subparts 3, 4, and 5. If any portion of the solid waste stored at a given location is not beneficially used the storage standards in subparts 2 to 6 apply. Solid wastes stored in Minnesota prior to beneficial use in another state that are not the subject of a beneficial use determination under part 7035.2860, subpart 4 or 5, must submit the following information to the agency prior to use of the storage facility using the beneficial use criteria:
B. Facilities that store only waste tires are exempt from this part.
C. The owner or operator of a facility where solid waste is stored inside or within a structure so that neither runoff nor leachate is generated and no liquid wastes or wastes with free liquids are added to the storage area, is not subject to subparts 3 and 4, or part 7035.2565 if:
D. Owners and operators of facilities permitted for the processing of construction debris and demolition debris for the primary purpose of extracting recoverable portions of the waste stream for beneficial use and recycling must meet the storage standards in subparts 2, 6, and 7. These facilities are exempt from the standards in subparts 3, 4, and 5 provided that the materials that cannot be accepted for disposal at a demolition debris land disposal facility such as asbestos, caulk tubes, waste paint, waste solvents, glues, tars, adhesives, and mixed municipal solid waste are removed from the waste within 48 hours of delivery to the facility.
**Subp. 2. Locational requirements.**
Locational requirements are as follows:
A. The locational standards in part 7035.2555 must be met.
B. The storage area must not be located in an area characterized by karst features, including sinkholes, caves, and disappearing streams.
C. The storage area, including any underlying liner, must be located entirely above the high water table.
**Subp. 3. Design and operation requirements.**
The design and operation requirements of a solid waste storage area are as follows:
A. A storage area must have a liner that is designed, constructed, and operated to prevent any migration of waste or leachate into the adjacent subsurface soil, ground water, or surface water at any time during the active life, or the closure period, of the facility. The liner must:
B. The storage area must have a leachate collection and removal system that is designed, constructed, maintained, and operated to collect and remove leachate from the area. The leachate depth over the liner must not exceed one foot. The leachate collection and removal system must be:
C. The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the storage area during peak discharge from at least a 24-hour, ten-year storm.
D. The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, ten-year storm.
E. Collection and holding facilities, such as tanks or basins, associated with the run-on and run-off control systems must be emptied or otherwise managed after storms to maintain the design capacity of the system.
F. If the storage area contains any particulate matter that may be subject to wind dispersion, the owner or operator must cover or otherwise manage the waste to control wind dispersion.
**Subp. 4. Inspection of liners.**
Requirements for the inspection of liners are as follows:
A. While the storage area is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
B. The waste in the storage area must be removed at least annually. When the waste is removed, the liner must be inspected for deterioration, cracks, or other conditions that may result in leaks. The frequency of inspection must be specified in the inspection schedule required in part 7035.2535, subpart 4, and must be based on the potential for the liner and base to crack or otherwise deteriorate under conditions of operation, such as waste type, rainfall, loading rates, and subsurface stability. The inspection must include a view of the liner for failures due to puncture, cracking, tearing, or other physical damage from equipment used to place waste in or on the pile or to clean and expose the liner surface for inspection.
C. If deterioration, cracks, or other conditions are identified as causing or capable of causing a leak, the owner or operator must notify the commissioner of the condition in writing within seven days after detecting the condition and:
**Subp. 5. Construction inspection.**
Construction inspection requirements are as follows:
A. Liner and cover systems must be inspected during construction or installation for uniformity, damage, and imperfections. Immediately after construction or installation:
B. The construction of the liner must be certified by an engineer registered in Minnesota in compliance with the approved plans and specifications.
**Subp. 6. Closure.**
At closure, all solid waste and contaminated portions of the storage area must be removed and properly disposed of or recycled.
**Subp. 7. Storage of solid waste prior to beneficial use.**
Owners or operators of facilities used for solid waste storage prior to its beneficial use must comply with the requirements in items A to F.
A. Prior to operation of a storage facility, owners and operators must obtain a written certification from an engineer licensed in Minnesota stating that the storage facility is designed and constructed to meet the requirements of this part. A copy of this certification must be maintained on file by the owner or operator and made available to the agency upon request.
B. Prior to operation of a storage facility, the owner or operator of the facility must evaluate the potential for migration of contaminants into adjacent subsurface soil, groundwater, or surface water from the stored solid waste. This evaluation must take into consideration the characteristics of the solid waste, the quantity of solid waste to be stored, and the length of time the solid waste will be stored. Based on this evaluation, the owner or operator of the facility must design, construct, and operate the storage facility to meet the requirements in subitems (1) to (3):
C. The maximum quantity of solid waste stored at any one location at any given time is limited to a reasonable quantity based on the type of waste and its end use. A reasonable quantity is the amount of solid waste needed for completion of the projects for which it is being accumulated. Records must be kept that verify that the quantity of solid waste stored at any one location does not result in accumulation of solid waste in quantities that exceed its use.
D. The solid waste must not be stored at any one location for more than three years without being processed or utilized.
E. If the storage area contains any particulate matter that may be subject to wind dispersion, the owner or operator must cover or otherwise manage the waste to control wind dispersion.
F. Nuisance conditions resulting from the storage of solid waste must be controlled and managed by the facility owner or operator.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 28 SR 1086*
##### **Minn. R. 7035.2860** Beneficial Use of Solid Waste {#sec-7035.2860 omnilex-key=us-mn-regs-official--agency-167--7035.2860}
**Subpart 1. Applicability.**
This part establishes a procedure for determining when use of a material classified as a solid waste is a beneficial use. The uses listed in subpart 4 as standing beneficial use determinations have been reviewed and determined to be beneficial uses of solid waste by the agency. All other proposed uses of solid wastes must obtain case-specific beneficial use determinations in accordance with the procedures in subpart 5. The following exemptions are provided:
A. Beneficial uses authorized to occur by an agency permit or legally binding document issued prior to March 15, 2004, are exempt from this part. Upon expiration of the authorization, the procedure for obtaining a case-specific beneficial use determination in subpart 5 must be followed.
B. Recyclable materials recycled in accordance with part 7035.2845 and Minnesota Statutes, section 115A.03, subdivision 25, are exempt from this part.
C. Recyclable materials that are not exempt under item B are exempt from the requirement to obtain a case-specific beneficial use determination under subpart 5 when they are incorporated into a manufactured product as defined by part 7035.0300, subpart 62a.
D. Composts that are used in accordance with the standards contained in part 7035.2836 are exempt from this part.
**Subp. 2. Beneficial use standards.**
To constitute a beneficial use under this part, the following standards must be met:
A. the solid waste must not be stored in anticipation of speculative future markets;
B. the solid waste must be adequately characterized in accordance with part 7035.2861;
C. the solid waste must be an effective substitute for an analogous material or a necessary ingredient in a new product;
D. the use of the solid waste does not adversely impact human health or the environment; and
E. the solid waste must not be used in quantities that exceed accepted engineering or commercial standards. Excess use of solid waste is not authorized by this part and is considered disposal.
**Subp. 3. Regulatory exemption.**
Unless specified otherwise by the agency in a beneficial use determination or permit, a material remains a solid waste until it is incorporated into a manufactured product or utilized in accordance with a standing or a case-specific beneficial use determination. Until the time this regulatory exemption occurs, the material must be stored in compliance with part 7035.2855 and managed as a solid waste in accordance with this chapter.
**Subp. 4. Standing beneficial use determinations.**
A standing beneficial use determination means that the generator or end user of a material can do so in accordance with this subpart without contacting the agency. Only those specific solid wastes and the uses designated in items A to Q have been given standing beneficial use determinations. Any other uses of the solid waste are not authorized and must follow the procedure outlined in subpart 5.
A. Unadulterated wood, wood chips, bark, or sawdust when these materials are used as mulch, landscaping, animal bedding, erosion control, wood fuel production, a bulking agent at a compost facility operated in compliance with part 7035.2836, or as a substitute for wood.
B. Unadulterated newspaper and newsprint when used as animal bedding, insulation, or as a substitute for paper products.
C. Uncontaminated glass when used as a sandblast agent.
D. Unusable latex paints, characterized as high solid content, off-specification colors, sour, frozen, or poor quality, when used to produce processed latex pigment for use as an additive for the production of ASTM-specified specialty cement.
E. Reclaimed glass and porcelain fixtures when used as a substitute for conventional aggregate or subgrade applications in accordance with Minnesota Department of Transportation Standard Specifications for Construction 2000 Edition, 3138.2 A2.
F. Crumb rubber when used in asphalt paving or applications where it is used as a substitute for rubber or similar elastic material.
G. Tire shreds when used as lightweight fill in the construction of public roads in accordance with Minnesota Statutes, section 115A.912, subdivision 4.
H. Tire chips when used as a substitute for conventional aggregate in construction applications when the ratio of this substitution is no greater than one to one by volume. This does not include use of tire chips as general construction fill or clean fill.
I. Uncontaminated recognizable concrete, recycled concrete and concrete products, and brick when used for service as a substitute for conventional aggregate.
J. Salvaged bituminous when used as a substitute for conventional aggregate in accordance with Minnesota Department of Transportation Standard Specifications for Construction 2000 Edition, 3138.2 A2.
K. Coal combustion slag when used as a component in manufactured products such as roofing shingles, ceiling tiles, or asphalt products.
L. Coal combustion slag when used as a sand blast abrasive.
M. Coal combustion fly ash as defined by ASTM C 618 when used as a pozzolan or cement replacement in the formation of high-strength concrete.
N. Coal combustion fly ash or coal combustion gas scrubbing by-products when used as an ingredient for production of aggregate that will be used in concrete or concrete products. This does not include use in flowable fill.
O. Foundry sand when used as a feed material for the manufacture of Portland cement.
P. Uncontaminated by-product limes when used as agricultural liming materials and distributed in accordance with chapter 1508 and Minnesota Statutes, sections 18C.531 to 18C.575. Application rates for by-product limes must be based on the lime recommendations of the University of Minnesota Extension Service and cannot cause the soil pH to exceed 7.1 after application. Site-specific application rates for by-product lime must be determined by an individual that has a background and understanding of crop nutrient management such as a crop consultant or University of Minnesota Extension Specialist. Recommended rates for lime can be obtained from the University of Minnesota Extension Service publication "Fertilizer Recommendations for Agronomic Crops in Minnesota" BU-06240-S, and the Minnesota Department of Agriculture publication "Ag-Lime Recommendations in Pounds ENP per acre" available on their website at http://www.mda.state.mn.us/lime.
Q. Manufactured shingle scrap and ground tear-off shingle scrap when used in asphalt pavement or road subbases.
**Subp. 5. Case-specific beneficial use determinations.**
For uses of a solid waste not identified in subpart 4, the agency shall make a case-by-case determination on whether the proposed management option for the specific solid waste is a beneficial use. This determination must be based on information submitted in accordance with this subpart. In cases where the information required by this subpart is not available, a demonstration/research project designed to provide the missing information may be proposed in accordance with part 7035.0450. Unless otherwise directed by the agency, proposals must include the following information at a minimum:
A. a description of the solid waste, manner in which it is generated, quantity generated, quantity to be utilized, and its proposed end use;
B. results of chemical and physical characterization of the solid waste done in accordance with part 7035.2861;
C. an evaluation of the human health and environmental impacts the proposed use may have and a comparison of these impacts with those from other management alternatives for the solid waste;
D. verification that the end product complies with industry standards and specifications for its intended use and a comparison of the chemical and physical characteristics of the solid waste proposed for use with the material it will replace;
E. a description of the routine sampling and analysis that will be conducted of the solid waste to ensure that the information submitted for review is representative and the solid waste has consistent characteristics. The description must include the procedure and frequency of sampling and analysis, parameters to be analyzed, analysis methods, and laboratory reporting limits to be used;
F. a copy of a contract to purchase or use the proposed product or other documentation proving that a market for the proposed product or use exists;
G. a detailed description of how and where the product will be distributed. This should also include a detailed description of how the solid waste will be managed from the time it is generated until the time it will be utilized and the management practices that will be in place to ensure that human health and the environment are protected;
H. the following information related to the management of solid waste stored prior to its use:
I. a description of any wastes that will need to be managed as a result of beneficially using the solid waste;
J. verification that local units of government with authority to regulate the proposed process or use of the solid waste have received a copy of this application and have been provided information on who to contact at the agency to provide comments on the proposed beneficial use activity; and
K. a proposal for notification of interested or affected parties. The agency shall review this proposal and make a determination on the appropriate notification procedures.
**Subp. 6. Agency actions.**
Upon completing review of the information submitted under subpart 5, the commissioner will take one of the following actions:
A. request additional information for evaluation of the proposal;
B. notify the proposer in writing, that a beneficial use determination has been made and the commissioner agrees the proposed use of the solid waste is beneficial. If the determination is conditional, the notification must include the conditions; or
C. deny the request for a case-specific beneficial use determination. If the request is denied, the proposer must obtain a permit or variance before the solid waste can be managed in the manner proposed. If a permit is required, the type of permit issued may be a state disposal system or a solid waste management facility permit depending on the type of environmental concerns that need to be addressed by the permit.
**Subp. 7. Reporting requirements.**
Proposers that have applied for and received case-specific beneficial use determinations according to subpart 5 must submit a report to the county in which the solid waste is generated annually by January 31. The report must contain a description of the type and quantity of solid waste beneficially used during the time period from January 1 to December 31 of the previous year. The Minnesota Pollution Control Agency will provide a format for submitting this report.
**Subp. 8. Modification of a beneficial use determination.**
The commissioner may modify conditions attached to any beneficial use determination made under subpart 5 if the commissioner finds, on the basis of new information, that new conditions are necessary to protect human health and the environment.
**Subp. 9. Revocation of a beneficial use determination.**
The commissioner may revoke any beneficial use determination made under subpart 5 if the commissioner finds, on the basis of new information, the standards in subpart 2 are not being met. If the commissioner revokes a beneficial use determination, use of the solid waste can only continue if authorized by a permit and/or a variance is obtained. The commissioner shall provide a reasonable amount of time for the proposer to apply for a permit or variance or to terminate the regulated activity.
**Subp. 10. Public information.**
The agency shall post all case-specific beneficial use determinations made by the agency on its website.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1086; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 7035.2861** Characterizing Solid Wastes for Demonstration/Research Projects and for Beneficial Use {#sec-7035.2861 omnilex-key=us-mn-regs-official--agency-167--7035.2861}
**Subpart 1. Scope.**
This part sets out the procedures for characterization of a solid waste. The agency shall use the results from characterization of a solid waste when evaluating demonstration/research projects and beneficial use proposals.
**Subp. 2. Characterization procedures.**
Unless otherwise directed by the agency, a person seeking to characterize a solid waste must follow the steps in items A through C.
A. The solid waste must be evaluated to determine if it is hazardous as provided in part 7045.0214. If the waste is determined to be hazardous, no further characterization is necessary because under this chapter no demonstration/research project or beneficial use determination will apply to hazardous waste.
B. A list of potential chemical constituents present in the solid waste must be developed by evaluation of the processes at the facility that resulted in production of the waste; and review of material safety data sheets, ingredient labels, and other pertinent information.
C. The solid waste must be analyzed in accordance with the methods provided in subpart 3, to provide the following information on its chemical and physical properties:
**Subp. 3. Methods of analysis.**
The analysis methods used for characterization must be consistent with the management option or beneficial use being proposed. In most cases, total compositional analysis is needed. Depending on how the solid waste will be managed prior to its beneficial use, leaching procedures may also be required. Approved methods of analysis are found in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846. Equivalent analytical methods may be allowed with commissioner approval.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1086*
##### **Minn. R. 7035.2862** Incorporations by Reference {#sec-7035.2862 omnilex-key=us-mn-regs-official--agency-167--7035.2862}
The documents in items A to D are incorporated by reference for purposes of parts 7035.2860 and 7035.2861. They are not subject to frequent change.
A. The Minnesota Department of Transportation Standard Specifications for Construction (2000 edition). It is published by the Minnesota Department of Transportation, and is available at the following website: www.dot.state.mn.us/tecsup/spec/index.html.
B. American Society for Testing and Materials (ASTM) Method C618-01. These methods are published annually in the Annual Book of ASTM Standards: part C618-01: Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Concrete, 2002 edition. This publication is available through the Minitex interlibrary loan system.
C. University of Minnesota Extension Service Publication: "Fertilizer Recommendations for Agronomic Crops in Minnesota" BU-06240-S, Revised 2001. It is available from the following website: www.extension.umn.edu. Copies can be purchased at University of Minnesota Extension Service Distribution Center, 405 Coffey Hall, 1420 Eckles Avenue, St. Paul, MN 55108 or can be ordered by email: order@extension.umn.edu or telephone: (800) 876-8636.
D. Minnesota Department of Agriculture publication "Ag-Lime Recommendations in Pounds ENP per acre" is available on the department's website at www.mda.state.mn.us/lime.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 28 SR 1086*
##### **Minn. R. 7035.2865** [Repealed, 30 SR 529] {#sec-7035.2865 omnilex-key=us-mn-regs-official--agency-167--7035.2865}
[Repealed, 30 SR 529]
##### **Minn. R. 7035.2870** Solid Waste Transfer Facilities {#sec-7035.2870 omnilex-key=us-mn-regs-official--agency-167--7035.2870}
**Subpart 1. Scope.**
The requirements of this part apply to the owners or operators of transfer facilities operating under a permit or in extended permit status, or as otherwise provided in this chapter or chapter 7001. In addition, permitted facilities must comply with the conditions in their permits. Nothing in this part relieves the owner or operator of the duty to comply with other applicable requirements, including, but not limited to, local ordinances or codes.
**Subp. 2. Delivery of solid waste.**
No waste may be transported from a transfer facility unless the owner or operator has reasonable belief that the person or facility receiving the waste may lawfully do so under applicable federal, state, or local rules. Reasonable belief means that the owner or operator has verified that the person or facility receiving the waste holds a valid license, permit, or other approval, or that no such approval is required.
**Subp. 3. Applicability.**
This part applies to the applicability of design requirements for transfer facilities operating and accepting waste under a permit issued under parts 7001.0010 to 7001.0200 prior to November 30, 2005. The design requirements of subpart 4 do not apply to a facility constructed prior to November 30, 2005, unless the owner or operator intends to make a major modification to the facility. In that case, the design requirements in subpart 4 apply to all modified portions of the facility, unless otherwise provided in the agency permit. The commissioner shall require compliance with the design requirements in subpart 4 unless the owner or operator demonstrates that the existing facility design is adequately protective of the environment considering the change in waste volume, type, or other operating parameters.
**Subp. 4. Design standards.**
An owner or operator of a permitted transfer facility must ensure that all buildings and roads are designed and constructed in accordance with this subpart, unless exempt under subpart 3.
A. The waste transfer or tipping floor area must have adequate capacity for the projected through-put and storage of waste and other materials, including recyclables and unacceptable materials. The area must be adequate to support activities related to the segregation of recyclable, processable, and unacceptable materials from waste.
B. Intrafacility roads must be all-weather and suitable for the volume and types of collection vehicles or other transportation equipment that will be used to move waste from the entrance gate to loading and unloading areas. The vehicle and equipment traffic areas must bear the expected frequency and weight of vehicles and equipment navigating the surface without failure. Downward sloped vehicle ramps must be less than a ten percent grade, and upward sloped vehicle ramps shall be less than a six percent grade, unless the commissioner approves an alternative design in the permit. The commissioner shall approve an alternative design if the owner or operator demonstrates that fully loaded vehicles can utilize the ramps without compromising safety. Roadway widths, number of lanes, and turning radii must be adequate considering the design traffic volume and vehicle types expected to use the facility.
C. The facility must include an area designed for the storage of bulky items such as mattresses and large appliances, if accepted. The facility must also include an area where unacceptable materials may be safely stored in compliance with applicable standards prior to removal from the facility.
D. If the facility will use walls, pushwalls, or barriers for the management or containment of waste, the structures must be designed so that failure will not occur, taking into account the type of waste, bearing pressure, and the method of operation, including the equipment that will be used to move waste at the facility.
E. The facility must be designed to control litter.
F. The facility must include access control structures such as gates to prevent unauthorized access during hours when the facility is not open.
G. Noncontainerized waste stored outdoors must be stored in an area that meets the solid waste storage standards in part 7035.2855.
H. If waste management activities will take place within a structure, the structure must meet the following criteria:
**Subp. 5. Operation standards.**
The owner or operator of a permitted transfer facility or a transfer facility operating under a permit-by-rule as provided in part 7001.3050, subpart 3, item A, must comply with the operational standards in this subpart. For existing transfer facilities subject to this subpart, the owner or operator must comply with this subpart no later than 180 days after the effective date of this part. The owner or operator of a new facility subject to this subpart must comply before accepting waste. The following are the operational standards:
A. roads, gates, doors, and tipping floor areas must be clear of obstructions at all times;
B. an employee who has received training as required by part 7035.2545 must be on duty at all times the facility is open for the purposes of receiving waste;
C. all industrial waste or mixed municipal solid waste at the facility must be transferred or stored in (1) a completely enclosed structure, (2) containers constructed of impervious materials and designed to prevent leakage, or (3) in a designated solid waste storage area meeting the storage standards of part 7035.2855;
D. if the facility has operating doors, they must remain closed except when vehicles are expected to be entering or leaving the facility, and as necessary to minimize odors, noise, and litter;
E. all equipment and the facility must be maintained in good working condition. Routine maintenance must be conducted in accordance with the operations and maintenance plan submitted with the permit application under part 7001.3400 or amendments submitted with the notification under part 7001.3410, subparts 1 and 2. The owner or operator must keep records of maintenance performed at the facility or on facility equipment;
F. all solid waste shall be confined within the tipping floor area or other designated processing and storage areas;
G. all separated salvageable and recyclable materials must be containerized or stored in a designated area where they will not be contaminated by solid waste or other materials. All separated salvageable and recyclable materials must be removed from the facility when the capacity of the container or designated area is reached;
H. if the facility accepts putrescible industrial waste or mixed municipal solid waste, the tipping floor and storage areas must be cleared of waste and cleaned at least once every seven days unless no waste has been received at the facility during the preceding seven-day period. For facilities that do not accept putrescible industrial waste or mixed municipal solid waste, the tipping floor and waste storage areas must be cleared and cleaned at least once every 30 days;
I. a sign must be posted that is visible to persons using the facility prior to entry that lists the wastes that are or are not accepted at the facility, its hours of operation, a number to call for assistance with disposal of items that are not accepted at the facility, and the agency permit number or agency-assigned permit-by-rule facility identification number;
J. the facility grounds and immediately adjacent property shall be free of litter stemming from facility operations. If litter is found on adjacent property, the operation of the facility shall be modified as necessary to prevent further litter generation by making physical or operational changes. The facility grounds shall be cleared of all litter at least once every seven days;
K. the facility must be managed in compliance with:
L. in the event of breakdowns or malfunctions in facility equipment or structures, the owner or operator shall purchase or lease replacement equipment or make repairs as necessary to ensure compliance with this subpart;
M. the owner or operator shall post local fire and police department contact information and arrangements listed in the emergency response plan required under part 7035.2595 in a conspicuous area of the facility accessible by all employees;
N. the plans and schedules listed under part 7001.3410, subpart 1, item D, including all updates as required in part 7001.3410, subpart 2, shall be maintained at the facility site so they are available for employees and inspectors;
O. free liquids that have contacted waste may not be discharged as stormwater and must be managed in accordance with law. Acceptable management methods for free liquids that have contacted waste include recapture and redeposit in the waste being managed at the facility provided that the free liquid will be reabsorbed by the waste, absorption of the free liquids using an absorbent material and disposal of that absorbent material with the waste, or discharge to a sanitary sewer if authorized by a publicly owned treatment works as defined by part 7001.1020, subpart 27. If a building is equipped with a trap, the trap must be cleaned of waste each time the facility tipping floors and storage areas are cleaned. If a building is equipped with a sump, the liquid must be removed from the sump before reaching capacity, or more often as necessary to prevent odors;
P. all unacceptable waste inadvertently received at the facility must be properly managed in accordance with applicable standards; and
Q. once a facility is no longer open for the purposes of receiving waste during an operating day, all putrescible waste remaining at the facility must be:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 30 SR 529*
##### **Minn. R. 7035.2875** Refuse-Derived Fuel Processing Facilities {#sec-7035.2875 omnilex-key=us-mn-regs-official--agency-167--7035.2875}
**Subpart 1. Scope.**
The requirements of subparts 2 to 5 apply to the owners and operators of facilities used to produce refuse-derived fuel, unless the exception in part 7035.2525, subpart 2, applies.
**Subp. 2. Design requirements.**
The design requirements for a refuse-derived fuel processing facility are as follows:
A. Specifications for site preparation must be included in the design plans developed for the facility. Site preparations must include drainage control structures, entrance and access roads, screening, fencing, and other special design features.
B. Surface water drainage must be diverted around and away from outdoor storage areas.
C. Uncovered waste material, processed or unprocessed, must be stored on a surface liner capable of minimizing or eliminating leachate flow out of the area into the ground water under the site or to the surrounding land surface. The liner permeability must not be greater than 1 x 10-7 centimeters per second and natural soil liners must be at least two feet thick.
D. An odor control system must be included in the facility design.
E. A dust control system must be included in the facility design.
F. The facility must be capable of processing incoming solid waste within 24 hours based on the materials flow and balance calculations for the facility.
G. The facility must be designed to minimize the risk of explosions, spills, leakages, or releases that might harm human health or the environment.
H. The design and performance specifications for all equipment used at the facility must be included in the engineering report.
I. The design must provide for handling waste while the facility is down for maintenance or mechanical failures.
**Subp. 3. Operation and maintenance manual.**
The owner or operator of a refuse-derived fuel processing facility must prepare an operation and maintenance manual and keep the manual at the facility. The manual must contain the information needed to operate the facility properly and meet the following requirements:
A. Access to the site must be controlled by a complete perimeter fence and gate. The gate must be locked when the facility is not open for business.
B. By-products, including residuals and metal fractions, must be stored to prevent vector problems and aesthetic degradation. The by-products must be removed or used at least once a week.
**Subp. 4. Contingency plan.**
The owner or operator of a refuse-derived fuel processing facility must prepare and maintain a contingency plan. The plan must discuss what actions will be taken if a spill or release occurs at the facility or an explosion or other accident disrupts operations, and what backup system, including contracts, exists if the facility is closed for any period of time.
**Subp. 5. Annual report.**
The annual report required under part 7035.2585 must include the types and quantities, by weight, of solid waste accepted at the facility for processing; the quantities, by weight, of refuse-derived fuel processed at the facility and the associated fractions; and a description of the end-product distribution and disposal system.
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 13 SR 1150; 21 SR 693; 22 SR 1237*
##### **Minn. R. 7035.2885** Municipal Solid Waste Combustor Ash Land Disposal Facilities {#sec-7035.2885 omnilex-key=us-mn-regs-official--agency-167--7035.2885}
**Subpart 1. Scope.**
The requirements of subparts 2 to 18 apply to landowners and owners and operators of facilities that dispose of municipal solid waste combustor ash in or on the land, except as provided in subpart 2.
**Subp. 2. Exemptions.**
None.
**Subp. 3. Acceptable wastes.**
Only municipal solid waste combustor ash and other wastes, excluding municipal solid waste, approved by the commissioner according to the procedures in this subpart may be disposed of in a waste combustor ash land disposal facility.
The owner or operator must submit requests for approval to codispose of other wastes to the commissioner in writing. Requests must state the physical and chemical characteristics of the waste, including results of EPA Method 1311 leach test, EPA Method 1312 leach test, and total composition analysis. The waste must be analyzed for total composition for the parameters in part 7035.2910, subpart 4, item A, tables (1) and (2). Leach test samples must be analyzed for all parameters detected by total composition analysis. The request must also include an assessment of the potential for the waste to affect the leaching potential of waste combustor ash and other wastes previously approved for codisposal. The commissioner shall approve a waste for codisposal in a municipal solid waste combustor ash disposal facility only if the commissioner determines that codisposal of that waste will not significantly increase the movement of leachate generated at the facility, which contaminates outside the codisposal ash phase by leakage, leaching, or fugitive dust emissions.
**Subp. 4. Limitation of leachable contaminants.**
After January 1, 1993, the owner or operator of a waste combustor ash land disposal facility may not dispose of ash which exceeds the maximum leachable contaminant levels of subpart 5, unless the facility design either meets or exceeds the requirements of subparts 10, item C, subitem (3); and 11, item O or P, or if the facility is a type II cell which meets or exceeds the requirements in part 7035.2915 and is approved prior to or during the nine-month period immediately following adoption of parts 7001.0040 to 7035.2915, whichever applies. Compliance with this subpart must be based on results of testing ash using EPA Method 1312 as required by part 7035.2910, except as provided by items B to D. Alternatively, the commissioner may approve treatment within the land disposal facility if treatment reduces contaminant mobility so that any pollutants detected in leachate will not exceed the maximum leachable contaminant levels of subpart 5. A request for approval of an in-place treatment method must include results of a pilot scale demonstration of the effectiveness of the treatment method.
A. For the purpose of this subpart, "results" means the upper 80 percent confidence limit of a rolling data set consisting of results of EPA Method 1312, or actual leachate according to items B and C, calculated as follows:
B. The owner or operator may calculate results as required by item A using actual leachate analyses rather than EPA Method 1312 analyses for ash from a given waste combustor for one or more quarters if the following conditions are all true:
C. If results of testing leachate as required by subpart 16, item B, exceed the maximum leachable contaminant levels of subpart 5, all new portions of the land disposal facility which accept ash from the same waste combustor or waste combustors must comply with the final cover requirements of subpart 10, item C, subitem (3), and the liner requirements of subpart 11, item O. If results of testing leachate as required by subpart 16, item B, exceed the maximum concentration of contaminants for characteristic of extraction procedure (EP) toxicity established in part 7045.0131, subpart 8, all new portions of the land disposal facility which accept ash from the same waste combustor or waste combustors must comply with the final cover requirements of subpart 10, item C, subitem (3), and the liner requirements of subpart 11, item P. For the purpose of this item, "results" means the upper 80 percent confidence limit of a rolling data set consisting of results of leachate testing for the preceding 12 months. The upper 80 percent confidence limit must be calculated using the equations presented in subpart 3, item A, subitems (1) to (3). The commissioner may approve an exemption from this part if the owner or operator demonstrates that the leachate produced in a new portion of the facility may reasonably be expected to not exceed the limits cited in this subpart, based on changes made such as pretreatment of ash prior to disposal.
D. If an owner or operator demonstrates an inability to meet the requirements of this subpart, the commissioner may grant an extension of up to two years if the commissioner determines that the owner or operator has attempted to meet the requirements of this part, and the agency, through no fault of the owner or operator, has not taken final action on applications for permits or other agency approvals needed to comply with this part.
E. A municipal solid waste combustor ash land disposal facility which accepts ash from a waste combustor which has not completed four or more quarters of ash testing according to part 7035.2910, must place the ash over a liner that complies at a minimum with the design requirements of subpart 11, item P, unless:
**Subp. 5. Maximum leachable contaminant levels.**
The maximum leachable contaminant levels are as follows:
**Subp. 6. Location.**
The owner or operator must locate a waste combustor ash land disposal facility according to parts 7035.2555 and 7035.2815, subpart 2.
**Subp. 7. Hydrogeologic evaluations.**
The owner or operator must complete a hydrogeologic evaluation of the site according to part 7035.2815, subpart 3.
**Subp. 8. Groundwater performance standards.**
The owner or operator must design, construct, operate, and maintain the facility to achieve compliance with part 7035.2815, subpart 4.
**Subp. 9. General design requirements.**
A waste combustor ash land disposal facility must meet the design requirements of part 7035.2815, subpart 5, items A, B, D, E, F, and G in addition to the following general design requirements:
A. The fill area at a waste combustor ash land disposal facility must be located at least 200 feet from the nearest property line, unless a shorter distance is approved by the commissioner as sufficient for performing facility monitoring, performing any necessary remedial activities, and minimizing deposition of dust on adjacent property, based on filling procedures, facility design, facility geographic location, existing land restrictions and results of monitoring dust emissions at the facility or a similar existing facility.
B. The facility design must include:
**Subp. 10. Cover system.**
The owner or operator must design and maintain a cover system capable of minimizing infiltration of precipitation into the fill areas, preventing surface water ponding on fill areas, preventing erosion of surface and side slopes, minimizing the creation and movement of dust, retaining slope stability, reducing effects of freeze-thaw and other weather conditions, maintaining vegetative growth while minimizing root penetration of the low permeability cover layer, discouraging vector and burrowing animal intrusion into the site, and attenuating contaminants contained in leachate. A complete cover system must consist of intermittent, intermediate, and final covers as outlined in items A to C.
A. The owner or operator must place intermittent cover on all exposed ash according to the approved operation and maintenance manual for the site and subitems (1) to (4). In all cases, intermittent cover placement must be adequate to prevent fugitive dust emissions.
B. The owner or operator must place intermediate cover on all filled surfaces of the facility where no additional ash will be deposited within 30 days. The intermediate cover must be at least six inches deep if soil or similar material is used, cover the ash completely, and be graded to prevent surface water ponding.
C. The owner or operator must place final cover according to the requirements of subitems (1) to (3) and part 7035.2815, subpart 6, item D, subitems (1), (2), and (6) to (9). A final cover system must consist of at least three layers: a barrier layer, a drainage layer, and a top layer.
**Subp. 11. Liners.**
All waste combustor ash land disposal facilities must be lined. A liner installed at a waste combustor ash land disposal facility after April 27, 1992, unless otherwise allowed by part 7035.2915, subpart 4, must meet the requirements of items A to K and part 7035.2815, subpart 7, items B, C, F, G, I, K, L, M, and N. In addition, waste combustor ash land disposal facilities must comply with the design standards of item L, M, N, O, or P, based on the requirements identified in Table 1.
Table 1: Identification of Applicable Liner Design Standards
*Leach results must be taken from fly ash only.
Key: Leach results must be determined according to subpart 4.
MLCL means the maximum leachable contaminant levels established in subpart 5.
EP means the maximum concentration of contaminants for the toxicity characteristic established in part 7045.0131, subpart 8, as tested according to subpart 4.
A. If a waste combustor ash land disposal facility is constructed adjacent to a mixed municipal solid waste land disposal facility, the waste combustor ash land disposal facility must be separated from the mixed municipal solid waste land disposal facility adequately to prevent leachate from the mixed municipal solid waste land disposal facility from entering the waste combustor ash land disposal facility.
B. The liner system must consist of at least the following (listed in order, starting from the lowest layer):
C. The liner system must minimize the amount of leachate leaving the fill site to the soil and groundwater below the site.
D. The liner system must be compatible with waste combustor ash and waste combustor ash leachate.
E. Synthetic membranes used as part of the liner system must meet the specifications of the National Sanitation Foundation, Standard Number 54, Flexible Membrane Liners, May 1990, Ann Arbor, Michigan. Part 7035.0605 incorporates this document by reference and establishes its availability.
F. The owner or operator must construct the facility in accordance with subpart 14 and certify construction in accordance with part 7035.2610.
G. The owner or operator must design, construct, and maintain synthetic membranes in direct continuous contact with the soil layers beneath them to the greatest extent feasible.
H. Drainage layers must consist of at least 12 inches of suitable soil or an equivalent synthetic material. Drainage layers must not contain sharp stones or other sharp objects which may puncture the synthetic membrane, and must be resistant to clogging.
I. The owner or operator must design the liner and leachate collection system to minimize the number of places where the liner is penetrated.
J. When calculating efficiency as required for compliance with items L to P, the owner or operator must consider the liner thickness, the liner slope, the saturated hydraulic conductivity of the liner and drainage layer, the drainage layer thickness, the permeability of the drainage layer and liner, the porosity of the drainage layer, the flow distance to collection pipes, and the amount of leachate to be generated and collected based on annual infiltration and groundwater inflow.
K. In the engineering report required in part 7001.3480, item E, the owner or operator must discuss the design of the liner system and address at least the following:
L. The liner of an ash land disposal facility, required by table 1 to meet the requirements of this item, must comply with subitems (1) to (3).
M. The liner of an ash land disposal facility, required by table 1 to meet the requirements of this item, must comply with subitems (1) to (3).
N. The liner of an ash land disposal facility, required by table 1 to meet the requirements of this item, which accepts ash which does not exceed the maximum leachable contaminant levels of subpart 5 must comply with subitems (1) to (3).
O. As provided by subpart 4, after January 1, 1993, the liner of a bottom ash or combined ash land disposal facility that accepts ash which exceeds the maximum leachable contaminant levels of subpart 5 must comply with subitems (1) to (3).
P. The liner of a waste combustor ash land disposal facility that accepts fly ash which exceeds the maximum leachable contaminant levels of subpart 5, or bottom or combined ash which exceeds the maximum concentration of contaminants for characteristic of extraction procedure (EP) toxicity established in part 7045.0131, subpart 8, must comply with subitems (1) to (3).
**Subp. 12. Cover and liner materials evaluation.**
The owner or operator must evaluate soils intended for use as cover or liner material as appropriate for the properties shown in part 7035.2815, subpart 8.
**Subp. 13. Leachate detection, collection, and treatment.**
The facility must include a leachate detection, collection, and on-site or off-site treatment system designed in accordance with the requirements of part 7035.2815, subpart 9.
**Subp. 14. Construction requirements.**
The owner or operator must follow the construction requirements of items A to C and part 7035.2815, subpart 12. The owner or operator must incorporate all applicable construction requirements into project specifications for all major design features.
A. Clay barrier layers must be compacted in lifts which are not deeper than the feet on the equipment used to compact the liner, or six inches after compaction, whichever is less.
B. Clay barrier layers must be bladed and rolled smooth after the final lift is compacted.
C. An on-site inspector qualified by training and experience must be present during construction of liner systems and final cover.
**Subp. 15. Operation and maintenance requirements.**
The owner or operator must operate the facility according to items A to V.
A. A waste combustor ash land disposal facility must be operated by a certified operator, as defined in parts 7048.0100 to 7048.1300. A certified operator must be present during the time that the facility is open to accept ash.
B. Ash must be spread and compacted in layers which are one foot or less in depth before compaction.
C. Appropriate compacting equipment must be used to achieve compaction adequate to prevent settlement.
D. To determine compliance with subpart 10, item A, subitem (1), the moisture content of ash in areas where intermittent cover has not been placed must be tested. The sampling procedures of subitems (1) to (4) must be followed.
E. Ash must be placed and compacted at a moderate slope to promote drainage off the fill area while achieving good compaction.
F. Ash must be covered in accordance with the approved intermittent cover system required in subpart 10, item A.
G. When no ash will be placed on a fill area for 30 days or more, intermediate cover, as defined in subpart 10, item B, must be placed over the ash.
H. Each fill phase must be covered when it reaches final permitted waste elevations, according to subpart 10, item C, as soon as possible, considering limitations such as weather conditions.
I. Each fill phase must be outlined with grade stakes or another marking method before placing waste in the phase.
J. Resource recovery operations, including but not limited to ferrous metal recovery, must be confined to designated areas approved in the facility permit. Storage areas must be kept as small as practical; they must not interfere with normal disposal operations.
K. The facility must be inspected according to the schedule identified in the facility's operations manual and approved by the commissioner for at least the following items: dust emissions, uncontrolled vegetative growth, soil erosion on slopes and completed areas, vandalism on the monitoring systems, rodents and burrowing animals, malfunctions in the leachate detection and collection systems, and settlement in completed areas.
L. Leachate must be sampled and analyzed according to subpart 16.
M. The leachate collection system must be cleaned annually.
N. The amount of leachate collected must be monitored and recorded.
O. Corrective actions must be performed to repair any conditions not in compliance with parts 7035.2525 to 7035.2885.
P. Groundwater must be sampled and analyzed according to subpart 16.
Q. During wet weather conditions liners, covers, and other design features that might be disrupted by additional loads in a saturated condition must be protected.
R. The fill area must be surveyed annually before November 1 by a land surveyor registered in Minnesota. An updated existing conditions plan must be submitted with the annual report required in part 7035.2585. The plan must show the elevations of completed fill areas, areas partially filled, and all design features that changed in elevation due to facility operations or settlement. The remaining fill capacity must be calculated and its location shown on the plan.
S. All fill areas must be marked with permanent markers which clearly show the location of disposed ash.
T. The liner must be protected from freezing. At least three feet of ash or other approved material must be placed above the sand blanket on all lined areas by December 1 of each year to protect the liner from freezing. No disposal may take place after December 1 in areas which have not met this requirement without first testing the liner integrity and receiving approval from the commissioner for the disposal.
U. All closure costs expended under part 7035.2625, all postclosure care cost expenditures made under part 7035.2645, and all corrective action expenditures made under part 7035.2615 must be recorded in the operating record.
V. The sequence and direction of below-grade operations must be conducted to prevent surface water from entering the fill area.
**Subp. 16. Groundwater, surface water, and leachate sampling and analysis.**
The owner or operator must design, install, and maintain a water monitoring system in compliance with part 7035.2815, subpart 10. The owner or operator must collect and analyze groundwater samples, leachate samples and, where required in permits, orders, or stipulation agreements, surface water samples, according to part 7035.2815, subpart 14, items A, B, and D to Q.
Until the commissioner has established facility-specific monitoring requirements as required by part 7035.2815, subpart 14, item B, the owner or operator must comply with the monitoring requirements of items A and B.
A. Groundwater quality monitoring points at the facility must be sampled at least three times per year at the times specified in the facility permit. For one of the three sampling events, the owner or operator must provide the field measurements, laboratory analysis, and field and laboratory observations listed in subitems (1) and (2). For the other two sampling events, the owner or operator must provide only the measurements and observations listed in subitem (1) for all groundwater monitoring points. Where existing monitoring points may be unsuitable for sampling some or all of the listed substances, the commissioner may make appropriate changes in the monitoring requirements.
B. Leachate monitoring points at the facility must be sampled at least quarterly at the times specified in the facility permit. For one of the sampling events the owner or operator must provide the field measurements, laboratory analysis, and field and laboratory observations listed in subitems (1) and (2). For at least two years, and thereafter at least every other year or on a schedule determined by the commissioner based on results of previous analyses, the owner or operator must analyze leachate samples from one of the quarterly sampling events for the parameters listed in subitem (3). For the other sampling events, the owner or operator must provide only the measurements and observations listed in subitem (1).
**Subp. 17. Contingency action.**
The owner or operator must implement actions necessary to repair site features or to control, recover, or treat polluted ground or surface waters and explosive or toxic gases according to part 7035.2815, subpart 15.
**Subp. 18. Closure and postclosure care.**
The owner or operator must comply with the closure and postclosure care requirements of part 7035.2815, subpart 16.
**History**
- *Statutory Authority: MS s 115A.97*
- *History: 16 SR 2321*
##### **Minn. R. 7035.2910** Municipal Waste Combustor Ash Testing Requirements {#sec-7035.2910 omnilex-key=us-mn-regs-official--agency-167--7035.2910}
**Subpart 1. Definitions.**
As used in subparts 1 to 12, the following terms have the meanings given them in this subpart.
A. "Analysis sample" means a sample which is to be delivered to a laboratory for analysis.
B. "Composite sample" means a sample that is formed by mixing two or more samples together to create a sample which is representative of a longer time period or a greater amount of material.
C. "Grab sample" refers to a sample collected at one time or location.
**Subp. 2. Scope.**
Subparts 1 to 12 apply to owners and operators of municipal solid waste combustors.
**Subp. 3. Frequency.**
The owner or operator must collect ash samples at least quarterly. Sample collection must be begun within seven days of January 15, April 15, July 15, and October 15, unless otherwise approved by the commissioner. Quarterly samples and an annual composite sample formed from equal portions of the quarterly samples must be analyzed according to subpart 5. Quarterly samples must be analyzed within appropriate sample holding times, or 45 days after sample collection is completed, whichever is less.
**Subp. 4. Test methods.**
The owner or operator must analyze samples for total composition, leaching potential, and physical characteristics for the following testing parameters, using test methods issued by the United States Environmental Protection Agency or the American Society for Testing and Materials unless the method is approved as provided by item D. The test methods must obtain detection limits equal to or less than those specified in this subpart.
A. Total composition:
B. Leaching potential: use EPA Method 1312, the Synthetic Precipitation Leach Test for Soils, with extraction fluid no. 2 (pH=5.0) to satisfy the leaching potential testing requirements of this part.
C. Physical characteristics:
D. The owner or operator may propose alternative test methods for the commissioner's review and approval. The owner or operator must demonstrate that the proposed alternative methods are equivalent in terms of accuracy and precision to the methods required by this subpart.
E. The owner or operator may move a parameter from the quarterly parameter lists of item A, subitem (1), and item B, subitem (1), to the annual parameter lists of item A, subitem (2), and item B, subitem (2), if the parameter has not been detected above the detection limits specified in this subpart for eight or more consecutive sampling events. The owner or operator must report changes in the parameter lists as part of the annual report required by subpart 10.
**Subp. 5. Number of analyses.**
The owner or operator must collect and analyze fly ash and bottom ash samples separately according to item A. In cases where bottom and fly ash are mixed, collect and analyze samples of combined ash according to item B, and fly ash samples according to item A. If ash treatment occurs prior to disposal, collect samples after treatment.
A. Owners and operators of facilities which manage bottom and fly ash separately must test ash quarterly according to subitem (1), and annually according to subitem (2).
B. Owners and operators of facilities which manage combined ash must test ash quarterly according to subitem (1), and annually according to subitem (2).
**Subp. 6. Ash sampling plan.**
The owner or operator must perform ash sampling according to an ash sampling plan approved by the commissioner. Proposed changes to sampling equipment or procedures must be submitted to the commissioner for review and approval. The plan must contain at least the following information:
A. specification of the training and experience qualifications of persons who collect ash samples;
B. description of equipment used to collect, process, and store ash samples;
C. identification of sampling equipment cleaning procedures and other actions taken to prevent sample contamination;
D. identification of the location or locations where ash samples are collected;
E. description of procedures used to collect grab samples;
F. description of procedures used to process grab samples to form composite samples;
G. description of chain-of-custody and sample storage procedures; and
H. identification of ash sampling quality assurance and quality control measures.
**Subp. 7. Sampling equipment requirements.**
Equipment used for ash sampling must comply with items A to D.
A. Sampling equipment must be constructed of materials which are compatible with ash and will not contaminate samples.
B. Containers which are used to hold analysis samples must be prepared according to standard laboratory procedures identified in EPA SW-846, chapter three, for metallic analytes and chapter four for organic analytes, and EPA Document 600/4-79-020 "Methods for Chemical Analyses of Water and Wastes." Part 7035.0605 incorporates these documents by reference and establishes their availability.
C. Sampling equipment must be cleaned before use each quarter. During the sampling event, equipment must be cleaned before each use or cover it to protect it from exposure between uses.
D. Sampling equipment must be used which is large enough to collect a reasonably complete range of ash particle sizes. The size of the opening of sampling equipment used before screening ash samples must be at least three times the diameter of the largest ash particle or 12 inches, whichever is smaller. Equipment used after samples have been screened must have an opening size of at least two inches.
**Subp. 8. Sample collection methods.**
Methods used to collect samples to satisfy the requirements of this part must comply with items A to H.
A. Samples must be collected that represent the average quality of ash produced at the waste combustor during the sampling event. Factors which affect the content of samples, such as timing of fly ash addition to bottom ash and sample collection locations must be considered.
B. Samples must be collected at times and locations which have been selected before sample collection begins for that quarter.
C. Samples must be collected by persons who meet the training and experience qualifications specified in the approved sampling plan.
D. Samples must be protected from changes in composition due to exposure to precipitation, wind, sun, absorbent or reactive materials, and extremes of temperature. Samples must be stored in covered containers.
E. The circulation of air through sampling equipment must be minimized to prevent the loss of fines and moisture. If a cement mixer or similar equipment is used to mix samples as required by subpart 9, items A and G, cover the equipment during mixing.
F. Grab samples must be collected according to subitems (1) to (3). Analysis samples must be taken from composite samples formed by processing and mixing grab samples according to subpart 9.
G. A minimum of three pounds (one and one-half kilograms) of each ash composite sample must be retained for at least one year. These samples must be held in moisture-tight containers which are filled as full as possible, protected from sunlight and extremes of temperature, and kept in a secure place.
H. All analysis samples must be refrigerated and the samples retained according to item G.
**Subp. 9. Sample processing.**
The owner or operator must process bottom and combined ash samples according to items A to H. Fly ash samples must be processed according to items A and H.
A. Grab samples must be thoroughly mixed together to form one composite sample for each type of ash collected.
B. Samples must be screened using a three-eighths inch screen. All or a portion of the composite sample may be screened. At a minimum, 35 pounds of ash must be screened.
C. The weight of ash which passes through the screen and the weight of ash which does not pass through the screen must be recorded.
D. The size of friable pieces of ash which are larger than three-eighths inch must be reduced.
E. All ash which was caught by the screen initially must be rescreened to separate ash which has been reduced to less than three-eighths inch by the process in item D.
F. The weight of ash which remains on the screen and ash which passes through the screen must be recorded.
G. Ash which passes through the screen after size reduction must be combined and thoroughly mixed with the ash which originally passed through the screen.
H. Bottom and combined ash analysis samples from the composite ash sample formed by the process in item G must be taken. Fly ash analysis samples from the composite sample formed by the process in item A must be taken. Ash which will be retained according to subpart 8, item G, must also be taken from this ash.
**Subp. 10. Annual ash testing report.**
The owner or operator must submit an annual ash testing report to the commissioner by March 15 of each year. The report must include the information in items A to F.
A. Results of quarterly and annual analyses of ash as required by this part. Total composition results must be reported on a dry weight basis.
B. Discussion of the data, including identification of trends observed by comparing the most recent year's results with those of previous years. In particular, the owner or operator must assess whether the waste combustor is in compliance with the goals of Minnesota Statutes, section 115A.97, subdivision 1, clause (1).
C. Data quality assurance assessment, including the following:
D. Information summarizing operation of the waste combustor during the ash sampling periods, and data regarding ash sample processing recorded according to subpart 9. Operating information must include an estimate of the quantity and type of wastes other than mixed municipal solid waste which were combusted at the facility during the ash sampling period. If leachate was added to the waste during the sampling period, the quantity of leachate added and source of the leachate must be noted.
E. Certification by the owner or operator that samples analyzed to fulfill the requirements of this part were collected according to the plan required by subpart 6, and that no actions were taken during the sample collection period to intentionally affect the results of ash sample analysis so that the results would not be representative of ash typically generated by the waste combustor. Such actions may include, for example, altering the type of waste combusted during the sampling period.
F. Identification of any changes in test methods or parameters made in accordance with subpart 4, items D and E.
**Subp. 11. Special requirements for new facilities.**
Waste combustors which begin operation after April 27, 1992, must comply with the requirements of this subpart.
A. The ash sampling plan required by subpart 6 must be submitted to the commissioner for review and approval at least 90 days before the first time waste is fired in the combustor.
B. Samples must begin to be collected within 60 days after reaching the maximum continuous rating for the waste combustor, but not more than 180 days after waste is first fired in the combustor.
C. The first four quarterly samples must be analyzed for the parameters listed in subpart 4, item A, subitems (1), (2), and (3), item B, subitems (1) and (2), and item C, subitems (1) and (2).
D. Quarterly testing reports to the commissioner must be submitted for the first four quarters. A report for each quarter within three months after the first day of sample collection for that quarter must be submitted. The contents of the reports must comply with the requirements of subpart 10, items A, C, D, and E.
**History**
- *Statutory Authority: MS s 115A.97*
- *History: 16 SR 2321*
##### **Minn. R. 7035.2915** Requirements for Temporary Program Type I and Ii Storage Facilities {#sec-7035.2915 omnilex-key=us-mn-regs-official--agency-167--7035.2915}
**Subpart 1. Definitions.**
As used in subparts 1 to 4, the following terms have the meanings given them in this subpart.
A. "Temporary program" means the Temporary Management Program for Mixed Municipal Solid Waste Incinerator Ash approved by the agency board under the authority of Minnesota Statutes, section 115A.97, subdivision 4.
B. "Type I ash storage facility" means a facility which has been designed according to part 17.0 of the temporary program where municipal solid waste combustor ash is stored for a limited period of time and all ash will be removed from the facility at closure.
C. "Type II ash storage facility" means a facility designed according to part 18.0 of the temporary program which was classified under the temporary program as a storage facility, pending adoption of parts 7035.0300 to 7035.2915.
**Subp. 2. Scope.**
Subparts 1 to 3 apply to owners and operators of type I ash storage facilities. Subparts 1, 2, and 4 apply to owners and operators of type II ash storage facilities.
**Subp. 3. Type I ash storage facilities.**
The owner or operator must design, maintain, and operate a type I ash storage facility in compliance with item A. Type I ash storage facilities must be closed in compliance with item B.
A. The owner or operator must design, maintain, and operate a type I ash storage facility in compliance with the solid waste storage facility requirements of part 7035.2855, subparts 3 and 4, excluding subpart 4, item B, the requirements of the facility permit, and applicable parts of the temporary program.
B. Within 18 months after April 27, 1992, the owner or operator must close a type I ash storage facility according to parts 14 and 15 of the temporary program, the facility permit, the site closure plan and subitems (1) to (4). In cases where requirements of the aforementioned documents conflict with each other, the most recent requirements shall apply.
**Subp. 4. Type II ash storage facilities.**
Type II ash storage facilities are classified as municipal solid waste combustor ash land disposal facilities. As such, all operations and new construction other than liner or final cover construction must comply with part 7035.2885 and all other applicable parts of this chapter within 45 days after April 27, 1992. Liners and final cover constructed more than nine months after April 27, 1992, must meet the requirements of part 7035.2885. At least nine months before the anticipated date for beginning construction of a new phase at the facility the owner or operator of a type II ash storage facility must submit to the commissioner for review and approval amendments to the facility's approved engineering plans, engineering reports, and operations manual showing changes necessary to comply with part 7035.2885.
**History**
- *Statutory Authority: MS s 115A.97*
- *History: 16 SR 2321*
##### **Minn. R. 7035.3000** Scope {#sec-7035.3000 omnilex-key=us-mn-regs-official--agency-167--7035.3000}
Parts 7035.3000 to 7035.3600 pertain to the disposal and reuse of abandoned motor vehicles and other scrap metal for the protection of the environment, pursuant to Minnesota Statutes, chapters 115, 116, 168B, and 400, as amended. All abandoned motor vehicles and other scrap metal shall be collected, reduced, transported, and processed in a manner consistent with these parts and all other applicable state and federal laws and regulations not inconsistent with these parts.
**History**
- *Statutory Authority: MS s 116.07; 168B.10*
##### **Minn. R. 7035.3100** Definitions {#sec-7035.3100 omnilex-key=us-mn-regs-official--agency-167--7035.3100}
**Subpart 1. Abandoned motor vehicle.**
"Abandoned motor vehicle" means a motor vehicle, as defined in Minnesota Statutes, section 169.011, that:
A. has remained for a period of more than 48 hours on public property illegally;
B. has remained for a period of more than 48 hours on public property and is lacking vital component parts such that it is in an inoperable condition;
C. has remained for a period of more than 48 hours on private property without the consent of the person in control of such property;
D. has remained for a period of more than 48 hours on private property, with or without the consent of the person in control of such property, which is in an inoperable condition such that it has no substantial potential further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building;
E. has been voluntarily surrendered by its owner to a unit of government or a person duly licensed pursuant to Minnesota Statutes, section 168B.10 and these parts. A classic car or pioneer car, as defined in Minnesota Statutes, section 168.10 shall not be considered an abandoned motor vehicle within the meaning of these parts.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency, its agents, or representatives.
**Subp. 3. Collection.**
"Collection" means the gathering or consolidating of abandoned motor vehicles and other scrap metal at regional collection sites.
**Subp. 4. Collector.**
"Collector" means a person holding a valid license from the agency to engage in the collection of abandoned motor vehicles and other scrap metal.
**Subp. 5. Disposal contract.**
"Disposal contract" means a contract entered into between a unit of government or the agency acting on its behalf and a site operator, disposer, or other qualified person for the purpose of storage, collection, transportation, reduction, scrap processing, or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal.
**Subp. 6. Disposer.**
"Disposer" means a person licensed by the agency as a collector, transporter, reducer, or scrap processor.
**Subp. 7. Other scrap metal.**
"Other scrap metal" means scrap metal, other than abandoned motor vehicles, including, but not limited to, discarded metal in the form of machinery, appliances, and motor vehicle parts.
**Subp. 8. Reducer.**
"Reducer" means a person holding a valid license from the agency to engage in the reduction of abandoned motor vehicles and other scrap metal.
**Subp. 9. Reduction.**
"Reduction" means the decrease or diminishment in bulk or mass of abandoned motor vehicles or other scrap metal by methods approved by the agency, including, but not limited to, incineration, crushing, shearing, or baling.
**Subp. 10. Regional collection site.**
"Regional collection site" means a location designated by a unit of government with agency approval where abandoned motor vehicles and other scrap metal can be consolidated and stored.
**Subp. 11. Scrap processing.**
"Scrap processing" means converting of abandoned motor vehicles and other scrap metal to a form usable in the manufacture of new metal products.
**Subp. 12. Scrap processor.**
"Scrap processor" means a person holding a valid license from the agency to engage in processing scrap from abandoned vehicles and other scrap metal.
**Subp. 13. Site operator.**
"Site operator" means the operator of a regional collection site, whether the operation be a unit of government or a person under contract with a unit of government to operate the site.
**Subp. 14. Storage.**
"Storage" means the holding of abandoned motor vehicles and other scrap metal in regional collection sites.
**Subp. 15. Storage costs.**
"Storage costs" means costs of acquisition, rental, construction maintenance, and operation of regional collection sites and facilities.
**Subp. 16. Transporter.**
"Transporter" means a person holding a license from the agency to engage in transporting abandoned vehicles and other scrap metal.
**Subp. 17. Unit of government.**
"Unit of government" means a state department or agency, special purpose district, county, city, village, borough, town, or other municipality.
**Subp. 18. Vital component parts.**
"Vital component parts" means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train, and wheels.
**History**
- *Statutory Authority: MS s 116.07; 168B.10*
##### **Minn. R. 7035.3200** Severability {#sec-7035.3200 omnilex-key=us-mn-regs-official--agency-167--7035.3200}
If any provision of any rule or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or application of any other part of such rules which can be given effect without application of the invalid provision. To this end the provisions of all rules and the various applications thereof are declared to be severable.
**History**
- *Statutory Authority: MS s 116.07; 168B.10*
##### **Minn. R. 7035.3300** Regional Collection Sites {#sec-7035.3300 omnilex-key=us-mn-regs-official--agency-167--7035.3300}
**Subpart 1. In general.**
All units of government may maintain or contract for the maintenance of one or more regional collection sites. Such regional collection sites shall satisfy the requirements specified herein.
**Subp. 2. Location.**
Regional collection sites shall be those sites designated as such by one or more counties, separately or in cooperation with another county or counties, and approved by the agency. Where feasible, they should be located at or near locations where accumulations or motor vehicle hulks are already present and where haul distances needed to accumulate an adequate number of hulks are minimized.
**Subp. 3. Size.**
Regional collection sites must be of size and location which will permit access by large heavy transport vehicles by means of all weather roads.
**Subp. 4. Site users.**
Regional collection sites shall be open to any person desiring to dispose of an abandoned motor vehicle or vehicles or other scrap metal therein, and such person may voluntarily surrender the vehicle, vehicles, or other scrap metal by depositing the same at a regional collection site and either transferring any applicable certificate of title to the site operator, or executing a release of any interest in the vehicle or scrap metal to the site operator upon a form approved by the agency. Each site operator shall publicize, within the area served by the site, the existence and location of the site, its hours of operation, and its availability for disposition of abandoned motor vehicles and other scrap metal.
**Subp. 5. Site operator.**
There shall be a site operator for every regional collection site. The site operator shall have responsibility for the operation, maintenance, and administration of the site.
**History**
- *Statutory Authority: MS s 116.07; 168B.10*
##### **Minn. R. 7035.3400** Collection and Sale {#sec-7035.3400 omnilex-key=us-mn-regs-official--agency-167--7035.3400}
All abandoned motor vehicles taken into custody shall be deposited at the nearest regional collection site. If the vehicle is not reclaimed by the owner or lienholder, it shall be sold to the highest bidder at public auction or sale, following at least 15 days notice by the site operator. Such notice shall be published, shall be given in writing to any person whom the operator knows or has reason to believe may be the owner or lienholder, and shall be given in writing to those persons holding valid licenses from the agency as reducers or transporters.
All abandoned motor vehicles and other scrap metal to be sold at an auction shall be sold subject to a package bid.
The site operator shall require as a condition of the sale that the purchaser shall:
A. remove all abandoned motor vehicles and other scrap metal from the regional collection site;
B. dispose of the abandoned motor vehicles and other scrap metal in a manner approved by the agency;
C. police the grounds; and
D. dispose of all solid waste, such as tires, seats, and similar materials, in a solid waste disposal facility approved by the agency.
**History**
- *Statutory Authority: MS s 116.07; 168B.10*
##### **Minn. R. 7035.3500** Reimbursable Contracts {#sec-7035.3500 omnilex-key=us-mn-regs-official--agency-167--7035.3500}
**Subpart 1. Reimbursement to units of government.**
The agency will reimburse any unit of government for a percentage of costs incurred under a disposal contract approved by the agency. The percentage of reimbursement shall be established annually by the agency. Agency approval, subject to annual review, will be granted to disposal contracts entered into with site operators, licensed disposers, and other qualified persons, and which:
A. appear likely to result in substantially greater amounts of abandoned motor vehicles and other scrap metal being processed in the region covered by the disposal contract in question than have been processed without such a contract;
B. are made after public solicitation of bids, pursuant to the laws applicable to such unit of government, as modified by Minnesota Statutes, chapter 168B;
C. are made on a form provided by the agency; and
D. are reasonable in price.
**Subp. 2. Proceeds from a sale.**
Where the agency has made reimbursement and the abandoned motor vehicles and other scrap metal thus collected are ultimately sold by the site operator to a disposer or other person, the proceeds thus obtained shall be deposited in the state treasury.
**Subp. 3. Records.**
Every site operator shall keep books of account and records available for review by authorized representatives of the agency, including therein such information as the agency may reasonably request.
**History**
- *Statutory Authority: MS s 116.07; 168B.10*
##### **Minn. R. 7035.3600** Licensing and Revocation {#sec-7035.3600 omnilex-key=us-mn-regs-official--agency-167--7035.3600}
**Subpart 1. Collectors.**
Any person may apply to be licensed as a collector by submitting an application to the agency upon a form provided by the agency. In the application, an applicant must demonstrate that the applicant owns or has access to at least one tow truck and equipment having the capacity to haul two or more abandoned motor vehicles at one time. Upon issuance of a license, every collector shall conduct the operation in such a manner as to satisfy the foregoing conditions. The licensee shall also keep a record in a form prescribed by the agency of all abandoned motor vehicles and other scrap metal collected, which record shall be subject to review by the site operator and the agency.
**Subp. 2. Transporters and reducers.**
Any person may apply to be licensed as a transporter or reducer by submitting an application to the agency upon a form provided by the agency. In the application, the applicant must demonstrate:
A. that the person has ready access to a market for any and all abandoned motor vehicles and other scrap metal which the person may reduce;
B. that the person owns or has adequate transportation or reduction equipment; and
C. that the person will provide adequate fire fighting equipment at each regional collection site. Upon being issued a license, every transporter or reducer shall conduct the operations in such manner as to satisfy the foregoing conditions. The licensee shall also keep a record in a form prescribed by the agency, identifying all abandoned motor vehicles and other scrap metal transported or reduced, which record shall be subject to review by the site operator and the agency. Unless specifically authorized in writing by the agency, reduction of abandoned motor vehicles and other scrap metal is prohibited by open burning or incineration by means of equipment which is not subject to an agency permit. Unless specifically authorized in writing by the agency, no person shall possess, transport, employ, or use abandoned motor vehicles which have been reduced by means of open burning or incineration, unless the incinerator used in the reduction is subject to an agency permit. In the event of reduction by means of incineration pursuant to an agency permit said person shall have in possession an affidavit from the permittee holding a permit from the agency for such incinerator, verifying that the abandoned motor vehicles or other scrap metal in possession were reduced in an incinerator subject to an agency permit.
**Subp. 3. Scrap processors.**
Any person may apply to be licensed as a scrap processor by submitting an application to the agency upon a form provided by the agency. In the application, the applicant must demonstrate that he or she owns or has access to a hydraulic baler, shears, shredder, or other equipment capable of converting a large volume of scrap metal to a form usable in the manufacture of new metal products. Upon issuance of a license, every scrap processor shall conduct the operation in such a manner as to satisfy the foregoing conditions. The licensee shall also keep records in a form prescribed by the agency. Such records shall be subject to review by the site operator and the agency. No person shall possess, process, employ, or use abandoned motor vehicles which have been reduced by open burning or incineration unless the incinerator used in the reduction is subject to an agency permit. In the event of reduction by means of incineration pursuant to an agency permit, said person shall have in possession an affidavit from the permittee holding a permit from the agency for such incinerator, verifying that the abandoned motor vehicles or other scrap metal in possession were reduced in an incinerator subject to an agency permit.
**Subp. 4. Revocation.**
Any license is subject to revocation upon five days notice by the agency for violation of its rules, breach of contract by the licensee, conviction of a felony or gross misdemeanor, misrepresentation, or other just cause.
**History**
- *Statutory Authority: MS s 116.07; 168B.10*
- *History: 17 SR 1279*
##### **Minn. R. 7035.4000** Scope and General Conditions {#sec-7035.4000 omnilex-key=us-mn-regs-official--agency-167--7035.4000}
Parts 7035.4000 to 7035.4600 pertain to the application procedure for grants-in-aid, state requirements, approval of applications, and payments for programs or projects which will encourage both the reduction of the amount of material entering the solid waste stream and the reuse and recycling of solid waste, pursuant to Minnesota Statutes, chapter 116F. All programs and projects shall be reviewed, approved, maintained, and operated in a manner consistent with these parts and all other applicable state and federal laws and rules not inconsistent with these parts.
**History**
- *Statutory Authority: MS s 116.07*
##### **Minn. R. 7035.4100** Definitions {#sec-7035.4100 omnilex-key=us-mn-regs-official--agency-167--7035.4100}
**Subpart 1. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 2. Institution.**
"Institution" means an incorporated private organization.
**Subp. 3. Metropolitan area.**
"Metropolitan area" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
**Subp. 4. Metropolitan Council.**
"Metropolitan Council" means that body as constituted by Minnesota Statutes, chapter 473B.
**Subp. 5. Municipality.**
"Municipality" means any city, village, borough, or any designated agency thereof.
**Subp. 6. Region.**
"Region" means any county, group of counties, group of municipalities, any special district, or any designated agency thereof.
**Subp. 7. Resource conservation programs.**
"Resource conservation programs" means programs which encourage solid materials conservation and the education of environmental impact from solid waste, including, but not limited to, public education and encouragement of market demand for reusable or recyclable materials. Generally such programs are not directly linked to the ultimate construction of a particular resource recovery facility but may include the initial feasibility study.
**Subp. 8. Resource recovery facility.**
"Resource recovery facility" means structures, machinery, or devices which, singly or in combination, are designed, constructed, and operated so as to separate, process, connect, treat, or prepare collected solid waste in such a manner that component materials, substances, or recoverable resources may be used as a raw material or for other productive purposes.
**Subp. 9. Resource recovery system.**
"Resource recovery system" means any system used for the recovery of material or energy from solid waste, or for the collection, transportation, separation, sorting, processing, or storage of solid materials which aids in the recovery of materials or energy from solid waste.
**Subp. 10. Resource recovery projects.**
"Resource recovery projects" means projects which result in the design, installation, implementation, or operation of resource recovery systems or resource recovery facilities.
**History**
- *Statutory Authority: MS s 116.07*
##### **Minn. R. 7035.4200** Severability {#sec-7035.4200 omnilex-key=us-mn-regs-official--agency-167--7035.4200}
If any provision of any rule or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or application of any other part of such rule or any other rule which can be given effect without the invalid provision of application, and to this end the provisions of all rules and the various applications thereof are declared to be severable.
**History**
- *Statutory Authority: MS s 116.07*
##### **Minn. R. 7035.4300** Variances {#sec-7035.4300 omnilex-key=us-mn-regs-official--agency-167--7035.4300}
Where, upon written application of the responsible person or persons, the agency finds that by reason of exceptional circumstances strict conformity with any provisions of the parts contained herein would cause undue hardship, would be unreasonable, impractical, or not feasible under the circumstances, the agency may permit a variance from these parts upon such conditions and within such time limitations as it may prescribe.
**History**
- *Statutory Authority: MS s 116.07*
##### **Minn. R. 7035.4400** Application Procedure for Grants-in-Aid {#sec-7035.4400 omnilex-key=us-mn-regs-official--agency-167--7035.4400}
**Subpart 1. Requirement.**
A region, municipality, or institution shall make application for a state grant-in-aid on forms provided by the agency.
**Subp. 2. Application information.**
Each application shall include the following information, where applicable:
A. Each application for a grant-in-aid by a region or municipality shall be accompanied by a resolution adopted by the region or municipality authorizing the filing of the grant-in-aid application.
B. All applications shall be signed by the person who has been authorized to submit the application.
C. In the event that more than one region, municipality, or institution desires to make application for a joint resource recovery project or resource conservation program, a single application for state aid shall be executed by all participating parties. Such application shall be accompanied by a joint resolution setting forth responsibilities of each of the parties.
D. A description of the operation and maintenance of the resource recovery project after construction is completed or the system is implemented.
E. A market analysis defining markets for salable products, particularly those for which no purchase commitments are included in the proposal, shall be submitted with any proposal for a detailed engineering study or construction of a resource recovery facility or system.
F. If a proposal for a detailed engineering study for a resource recovery facility or system is submitted, the application shall include proof of intentions to purchase the salable materials.
G. If a proposal for construction of a resource recovery system or facility is submitted, the application shall include proof of commitments to purchase the salable materials.
H. A description of the resource conservation program or the resource recovery project, including the following: benefits, major objectives, method of obtaining major objectives, ultimate goal, operational and management personnel's background, education, and experience.
I. If the private sector is involved in the project or program, an explanation of the commitments in terms of capital, operation and maintenance, and staffing of each private person or other entity which will have a major role in the operation of the project or program is needed.
J. An explanation of the existence and extent of local public support for the project or program. Local support includes, but is not limited to, that from universities, citizen groups, and environmental groups.
K. If the proposed project or program is to serve more than one institution, municipality, or region, the following information shall be included in the application:
L. Total cost of the project or program, which includes an itemization of the following costs: investment costs, annual operating costs, fixed costs, other costs.
M. Revenue to be generated by the project or program.
N. Such other additional information, documents, transcripts, or other data which the agency deems necessary to determine eligibility of the region, municipality, or institution.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 1279*
##### **Minn. R. 7035.4500** Criteria for Eligibility {#sec-7035.4500 omnilex-key=us-mn-regs-official--agency-167--7035.4500}
**Subpart 1. Consistency with other plans.**
To be eligible for state assistance, a program or project shall be consistent with all agency approved solid waste management plans of all affected counties. All projects or programs in the metropolitan area shall be consistent with the metropolitan council's plan for solid waste management.
**Subp. 2. High priority.**
A high priority shall be given to applications for projects or programs designed to service more than one county or designed to service areas of the state where natural geologic conditions make sanitary landfill undesirable.
**Subp. 3. Environmental impact.**
The agency shall seek those alternatives which maximize the conservation of energy and materials while minimizing the environmental impact and the cost to the people of the state.
**Subp. 4. Compliance with other law.**
In addition to such other requirements as may be provided for by law, any project for which an application is submitted, shall comply in all respects with any local, state, and federal regulations, guidelines, instructions, criteria, standards, or other documents promulgated or issued by the local, state, and federal governments relative to such program or project.
**Subp. 5. Contracts.**
All contract documents prepared by any region, municipality, or institution relative to a program or project pursuant to these parts shall conform to all state and local laws, ordinances, and rules, and in the event of more than one party seeking state aid for such project or program, all contracts shall be executed by each of the parties involved.
**Subp. 6. Prohibited funding.**
Funding shall not be made available to any resource recovery system or facility which accepts solid waste material which is transported to the facility primarily in motor vehicles with a load capacity of less than ten cubic yards.
**Subp. 7. Review of grant applications.**
In addition to other considerations provided for in these parts and other applicable laws for resource recovery projects and resource conservation programs, in reviewing grant applications the agency shall consider the following:
A. the size of the service area if it is a resource recovery project;
B. the degree of county, multicounty, or regional participation in the program or project;
C. the priority of the program or project in relationship to the agency's immediate and long range goals for resource recovery in the state;
D. the availability of other sources of financing;
E. the state's share of the cost of the program or project;
F. the time schedule for completion;
G. conformance with county and regional solid waste management plans and other applicable laws;
H. the statewide applicability of the program or project;
I. the demand placed on other public service or commercial facilities;
J. benefits, objectives, methods of obtaining the objectives, and the ultimate goal;
K. the total cost of the project or program, and the proportion of the cost attributable to each phase of the project or program;
L. the revenue to be generated upon completion of the project or program;
M. the amount of materials or energy or both recovered from the solid waste entering the system;
N. the degree to which the program or project promotes solid materials conservation and reduces the environmental impact of solid waste generation;
O. the steps taken to assure proper, efficient, and economical operation and maintenance of the resource recovery project after construction is completed or the resource recovery system is implemented;
P. the percentage of salable materials for which the applicant has obtained purchase commitments if the application is for a resource recovery project. If the application is for an engineering study for a resource recovery project, the commitments shall be an intention to purchase recoverable materials of a specified quality. If the application is for construction of a resource recovery project, the commitments shall be legally binding agreements specifying product quality and price acceptable to the purchaser. The agency shall not approve an application unless the application has commitments to purchase at least 50 percent by weight or of energy, by appropriate output measure, of the salable materials, unless the applicant can justify the failure to have such commitments.
**History**
- *Statutory Authority: MS s 116.07*
##### **Minn. R. 7035.4600** Administration of Grants-in-Aid {#sec-7035.4600 omnilex-key=us-mn-regs-official--agency-167--7035.4600}
**Subpart 1. Final approval by agency.**
The agency shall give final approval of any resource recovery project or resource conservation program funded under provisions of these parts.
**Subp. 2. Metropolitan Council review.**
All applications for projects or programs in the metropolitan area shall be submitted to the Metropolitan Council for its review.
**Subp. 3. Payment upon partial completion of project.**
The region, municipality, or institution which obtains a state grant under these parts shall be paid in installments when 25 percent, 50 percent, and 75 percent of the cost of the program or project has been completed. Additional installment payments may be authorized upon a showing of good cause by the grantee. Final payment shall be released only after final inspection by the agency of construction, performance, or operation of the program or project or upon review of the final report as required by the grant contract.
**Subp. 4. Grant limitation.**
Grants-in-aid payments made by the agency shall not exceed 50 percent of the total cost of the program or project funded.
**Subp. 5. Agency planning assistance.**
The agency may assist in the planning and development of resource recovery projects and resource conservation programs funded under these parts.
**Subp. 6. Status, evaluation, and final reports.**
The grant contract shall provide for the periodic submission of status and evaluation reports on technical, product, market, and economic aspects of the project or program. A final report shall be submitted to the agency upon completion of the project or program.
**History**
- *Statutory Authority: MS s 116.07*
##### **Minn. R. 7035.5000** Purpose {#sec-7035.5000 omnilex-key=us-mn-regs-official--agency-167--7035.5000}
Parts 7035.5000 to 7035.6000 implement the solid waste management planning assistance program, created and described in the Waste Management Act of 1980, Minnesota Statutes, sections 115A.42 to 115A.46, by establishing the substantive criteria and procedural conditions according to which the agency shall award solid waste management planning assistance grants.
**History**
- *Statutory Authority: MS s 115A.42*
##### **Minn. R. 7035.5100** Overview of Procedures for Applying for and Receiving a Grant {#sec-7035.5100 omnilex-key=us-mn-regs-official--agency-167--7035.5100}
**Subpart 1. Application for a grant.**
To be eligible for a grant under parts 7035.5000 to 7035.6000, an applicant shall apply for a grant. The procedures the applicant shall follow in applying for a grant are set out in part 7035.5600. The information and documentation the applicant shall provide in the grant application are set out in part 7035.5700.
**Subp. 2. Award of a grant.**
The agency shall award the applicant a grant in accordance with the procedures and limitations set out in part 7035.5800, if the agency determines:
A. that the applicant, cost, and project specified in the grant application are grant eligible;
B. that the application deadlines are met; and
C. that sufficient funds are available. The criteria the agency shall use in determining the grant eligibility of the applicant are set out in part 7035.5300; the criteria the agency shall use in determining the grant eligibility of the costs are set out in part 7035.5400; the criteria the agency shall use in determining the grant eligibility of the project are set out in part 7035.5500; and the criteria the agency shall use in determining compliance with deadlines are set out in parts 7035.5600 and 7035.5800.
**History**
- *Statutory Authority: MS s 115A.42*
##### **Minn. R. 7035.5200** Definitions {#sec-7035.5200 omnilex-key=us-mn-regs-official--agency-167--7035.5200}
**Subpart 1. Acceptable plan.**
"Acceptable plan" means a written report prepared by a grantee to provide the planning information set out in Minnesota Statutes, section 115A.46. To be considered an acceptable plan under parts 7035.5000 to 7035.6000, the written report shall:
A. contain descriptions, estimates, or assessments of existing and proposed waste practices, including the following:
B. establish a detailed siting procedure and development program to assure the orderly location, development, and financing of new or expanded solid waste facilities and services sufficient for a prospective ten-year period, which procedure and program shall be consistent with all applicable rules of the agency and shall include:
C. include an evaluation and recommendation of specific options, consistent with all applicable rules of the agency, for the resolution of conflicting, duplicative, or overlapping local management efforts, including the possible establishment of joint powers management programs or waste management districts; and
D. establish a schedule of actions which need to be undertaken to put the procedures, programs, and resolutions described in the plan into effect, including a statement of the appropriate entity to take each action.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency, as constituted pursuant to Minnesota Statutes, section 116.02, subdivision 1.
**Subp. 3. Commissioner.**
"Commissioner" means the chief executive officer of the Minnesota Pollution Control Agency or a person expressly designated by the commissioner to discharge a duty or responsibility of the commissioner.
**Subp. 4. Grant eligible; grant eligibility.**
"Grant eligible" or "grant eligibility" means meeting the criteria to receive funding assistance under parts 7035.5000 to 7035.6000. The fact that an item or person is "grant eligible" under parts 7035.5000 to 7035.6000 does not automatically assure that a grant will be awarded. A grant shall only be awarded if the grant eligibility criteria are met.
**Subp. 5. Landfill.**
"Landfill" means a sanitary landfill or a modified landfill which has a valid permit issued by the agency.
**Subp. 6. Metropolitan area.**
"Metropolitan area" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 18.
**Subp. 7. Population growth rate.**
"Population growth rate" means the rate at which population in a proposed study area either increased or decreased during the decade between 1970 and 1980. The commissioner shall determine the population growth rate of a proposed study area by determining the difference in population in the proposed study area, as reported in the 1970 and 1980 United States Census Bureau data, dividing this difference by the 1970 population of the proposed study area and multiplying this result by 100. The growth rate will thus be expressed as a percentage.
**Subp. 8. Project manager.**
"Project manager" means an employee of the grantee who is given the responsibility and the authority to direct and coordinate all aspects of the project as defined in the contractual agreement between the grantee and the agency. The project manager shall assume the responsibility for performing all contract and project management functions.
**Subp. 9. Political subdivision.**
"Political subdivision" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 24.
**Subp. 10. Regional Development Commission.**
"Regional Development Commission" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 26.
**History**
- *Statutory Authority: MS s 115A.42*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7035.5300** Eligible Applicants {#sec-7035.5300 omnilex-key=us-mn-regs-official--agency-167--7035.5300}
Except for political subdivisions located within the seven-county metropolitan area, any political subdivision within the state of Minnesota is grant eligible.
**History**
- *Statutory Authority: MS s 115A.42*
##### **Minn. R. 7035.5400** Eligible Costs {#sec-7035.5400 omnilex-key=us-mn-regs-official--agency-167--7035.5400}
**Subpart 1. Grant eligible costs.**
The following costs are grant eligible:
A. salaries of staff persons, consultants, and other persons employed to develop and publish an acceptable plan;
B. costs associated with the drafting and execution of necessary contracts between the grantee and other units of government or qualified consultants employed to develop or publish an acceptable plan, including reasonable attorney's fees;
C. costs associated with holding meetings to inform the public of the development of the plan and to provide an opportunity for the public to participate in and comment on the development of the plan, including costs associated with providing notices of and recording the meeting;
D. costs associated with the printing and distribution of plans and draft plan materials;
E. costs of any travel in the state, the primary purpose of which is to attend meetings or gather information needed for the development and publication of an acceptable plan, including reimbursement for mileage consistent with state allowances;
F. overhead costs; and
G. costs of any necessary supplies required for the development and publication of an acceptable plan. The costs of any commodities, materials, capital expenditures, and equipment which could be used after the plan is completed shall not be considered supplies and are, therefore, not grant eligible under parts 7035.5000 to 7035.6000.
**Subp. 2. Limitation to grant amount.**
The amount of the grants available under parts 7035.5000 to 7035.6000 is limited as follows:
A. For planning by a regional development commission, joint planning by two or more contiguous counties, or joint planning by political subdivisions located in two or more contiguous counties:
B. For all planning efforts other than that described in item A:
C. For item A grants and item B grants, the maximum amount that a grantee shall be awarded to complete the plan is 90 percent and 50 percent, respectively, of the total project cost detailed by the grantee in its application. Within these maximums, adjustments between funds awarded to cover the costs specified in this part shall be made if the agency and the grantee determine that the adjustments will result in the development of an acceptable plan in a more efficient manner.
D. If, while working to complete the grant, a grantee finds that more funds are needed, the grantee shall not be awarded additional funds unless the grantee makes application for an additional grant in accordance with the grant application procedures set out in part 7035.5600. The agency shall treat an application for an additional grant in the same manner as it treats applications for original grants, as provided in part 7035.5800.
E. If available funds are not adequate to meet the funding requests of all applicants assigned to group number one under part 7035.5800, subpart 3, item B, the agency shall reduce the state share of the eligible costs sufficiently to enable all applicants assigned to group number one to receive funding, but the size of the grant awards in item A, subitem (1) and item B, subitem (1) shall not be less than 60 percent and 33 percent, respectively. If available funds are not adequate under this reduced funding level to meet the funding requests of all applicants assigned to group number one under part 7035.5800, subpart 3, item B, grants shall be awarded at the reduced amount in the order established under part 7035.5800, subpart 3, item C.
**Subp. 3. Performance of tasks.**
Grants shall be awarded to cover the eligible costs of only those tasks which are undertaken and completed during the grant period established in the grant agreement. Grants shall not be awarded to cover any cost associated with tasks performed prior to the award of a grant or after the expiration of the grant agreement.
**Subp. 4. Availability of funds.**
The availability of funds is a precondition to the award of any grant by the agency.
**History**
- *Statutory Authority: MS s 115A.42*
##### **Minn. R. 7035.5500** Eligible Projects {#sec-7035.5500 omnilex-key=us-mn-regs-official--agency-167--7035.5500}
**Subpart 1. In general.**
The agency shall consider grant eligible all projects which are reasonably designed to result in the development and publication of an acceptable plan, as defined in part 7035.5200, subpart 1. A project shall not be considered eligible if it is proposed to include a study area for which an acceptable plan has previously been approved by the agency under this grant program.
**Subp. 2. Determinations by the commissioner.**
The commissioner shall determine that a project is reasonably designed to result in an acceptable plan if the commissioner finds that the grant application required to be submitted under part 7035.5600 is complete. The commissioner shall determine that a grant application is complete if the application contains all the information and meets all the requirements set out in part 7035.5700.
**History**
- *Statutory Authority: MS s 115A.42*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7035.5600** Grant Application Procedures {#sec-7035.5600 omnilex-key=us-mn-regs-official--agency-167--7035.5600}
**Subpart 1. Deadline for submission.**
A grant applicant shall submit a grant application to the agency no later than 4:30 p.m. on the first Monday of August of each year. The application must be received by the agency by this deadline or must have a postmark dated no later than the Friday immediately preceding the deadline in order to qualify as meeting that deadline.
**Subp. 2. Contents of application.**
The grant application submitted to the agency shall include all the information and documentation set out in part 7035.5700.
**Subp. 3. Review of application.**
Upon receiving a grant application, the commissioner shall promptly review the application and make a determination as to the eligibility of the applicant, costs, and project specified in the application.
**Subp. 4. Notice of commissioner's determination.**
Within two weeks after receiving the application, the commissioner shall notify each applicant of the following:
A. If the commissioner determines that the applicant, the costs, and the project specified in the application are grant eligible, the application shall be considered final as of the date it was received and the applicant shall be so notified. The application shall then be treated in accordance with the agency review provisions established in part 7035.5800.
B. If the commissioner determines that the applicant is not grant eligible, the application shall not be further considered and the applicant shall be so notified.
C. If the commissioner determines that any of the costs described in the application are not grant eligible or that the application is otherwise incomplete, the commissioner shall note the inadequacies in the application and shall so notify the applicant. The applicant shall have an opportunity to cure the inadequacies noted by the commissioner. However, no information received by the agency after the 42nd day beyond the appropriate deadline in subpart 1, except as provided in subpart 5, shall be considered by the agency in determining the grant eligibility of the applicant, costs, or project. An application which is considered inadequate under parts 7035.5000 to 7035.6000 shall not be considered final until the agency receives the information or documentation which cures the inadequacies described by the commissioner. An application which is considered inadequate under parts 7035.5000 to 7035.6000 shall be considered final on the date all necessary supplemental information is received by the agency. Once the application is considered final, it shall be treated in accordance with the agency review provisions established in part 7035.5800.
**Subp. 5. Extension of review period.**
If the agency exceeds the two-week review period in subpart 4 for an application, the 42-day periods specified in subpart 4, item C, and part 7035.5800, subpart 2 shall be extended for only that application by the number of days equal to the number of review days in excess of two weeks.
**History**
- *Statutory Authority: MS s 115A.42*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7035.5700** Grant Application Content {#sec-7035.5700 omnilex-key=us-mn-regs-official--agency-167--7035.5700}
Applications for grants shall include the following information:
A. the name of each political subdivision making the grant application;
B. resolutions from each political subdivision named on the application which:
C. in the case of a regional development commission, resolutions from each of the counties represented by the regional development commission, which demonstrate the counties' interest in and support for the planning efforts described in the grant application;
D. the name, address, and qualifications of the project manager;
E. the total project cost;
F. the amount of grant funding requested;
G. the amount and sources of all other funding contributions, including the amount of funds to be contributed by the applicant;
H. the regional boundaries of, and the population in, the area to be considered in the planning study;
I. a list of all the landfills which receive solid waste from each of the counties in the proposed study area and the percent of each county's refuse which is currently being disposed at each of the landfills; and
J. a work plan which provides the following information and details:
**History**
- *Statutory Authority: MS s 115A.42*
##### **Minn. R. 7035.5800** Agency Review of Grant Applications and Award of Grants {#sec-7035.5800 omnilex-key=us-mn-regs-official--agency-167--7035.5800}
**Subpart 1. Agency duty.**
The agency shall review all applications received prior to the appropriate deadline specified in part 7035.5600, subpart 1, and shall exclude from consideration all applications received after that deadline.
**Subp. 2. Final grant applications.**
Only grant applications considered final pursuant to part 7035.5600, subpart 4, items A and C, as of 4:30 p.m. on the 42nd day following the application deadlines specified in part 7035.5600, subpart 1, except as provided in part 7035.5600, subpart 5, shall be eligible for a grant award.
**Subp. 3. Establishing priorities.**
The agency shall assign a priority ranking to each of the applications which are eligible for a grant award under subpart 2. This priority ranking shall be made pursuant to items A to C.
A. The agency shall make the lists and determinations specified in subitems (1) to (5).
B. The agency shall divide the grant applications into two groups. All applications whose study areas contain one or more counties that contribute a majority of their solid wastes to landfills having less than five years of permitted landfill capacity remaining, as determined under item A, subitem (3), or that contribute a majority of their solid wastes to landfills that are determined to be in environmentally undesirable locations, as determined under item A, subitem (5), shall be placed in group number one. All other applications shall be placed in group number two.
C. The agency shall determine the population growth rate within each application's proposed study area using 1970 and 1980 United States Census Bureau data. The agency shall assign a priority ranking to applications in groups one and two as provided in subitems (1) and (2).
**Subp. 4. Granting of awards.**
The agency shall award grants to applicants in the order of the priority ranking in subpart 3, item C. No awards shall be made to any applicant in group two until all applicants in group one have been awarded grants.
**Subp. 5. Agency action after determination of grantees.**
Once the agency has determined which applicants will receive grants, the agency shall proceed as follows:
A. the agency shall provide a complete listing of grant awards and of applicant rankings to each applicant; and
B. within three weeks of the notification required by item A, the agency shall draft a grant agreement for each applicant which is to receive a grant in accordance with the requirements and conditions set out in part 7035.5900.
**History**
- *Statutory Authority: MS s 115A.42*
##### **Minn. R. 7035.5900** Grant Agreement {#sec-7035.5900 omnilex-key=us-mn-regs-official--agency-167--7035.5900}
**Subpart 1. Incorporation of grant application.**
The grant agreement shall incorporate by reference the final grant application submitted to the agency in accordance with part 7035.5700.
**Subp. 2. Terms of grant.**
The grant agreement shall establish the term of the grant. All grants awarded under parts 7035.5000 to 7035.6000 shall have a maximum term of one year, unless the agency determines for a specific grantee that a longer term is necessary due to circumstances beyond the control of the grantee in order to produce an acceptable plan. The agency shall then set the term of the grant.
**Subp. 3. Forfeit of funds.**
Funds for projects not performed or completed in accordance with the terms and conditions of the grant agreement, including time schedules, shall be forfeited unless the agency determines that the variances from the grant requirements are due to factors outside the control of the grantee.
**Subp. 4. Payment schedule.**
The grant agreement shall include a payment schedule. This payment schedule shall provide for reimbursement of stated travel costs in a manner described in the grant agreement and shall require that the last 25 percent of the total grant award, except reimbursable travel costs, be retained by the agency until the commissioner determines that the report submitted under the grant is an acceptable plan. If the commissioner determines that a report is deficient, the commissioner shall notify the grantee of the deficiency. The agency shall pay the withheld 25 percent of the grant as soon as the deficiency is corrected and the commissioner determines that the report is an acceptable plan.
**Subp. 5. Special conditions of grant agreement.**
The grant agreement shall provide that the grantee is authorized to enter into contracts to complete the work specified in the grant. The grant agreement shall also require that all such contracts name the agency as a third-party beneficiary to that contract.
**History**
- *Statutory Authority: MS s 115A.42*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7035.6000** Severability {#sec-7035.6000 omnilex-key=us-mn-regs-official--agency-167--7035.6000}
If any provision of parts 7035.5000 to 7035.5900 or the application of it to any person or circumstance is held to be invalid, the invalidity shall not affect any other provision or the application of any other part of these parts or any other part which can be given effect without the invalid provision or application. To this end, the provisions of these parts and the various applications of it are severable.
**History**
- *Statutory Authority: MS s 115A.42*
##### **Minn. R. 7035.6500** [Repealed, 12 SR 846] {#sec-7035.6500 omnilex-key=us-mn-regs-official--agency-167--7035.6500}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.6600** [Repealed, 12 SR 846] {#sec-7035.6600 omnilex-key=us-mn-regs-official--agency-167--7035.6600}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.6700** [Repealed, 12 SR 846] {#sec-7035.6700 omnilex-key=us-mn-regs-official--agency-167--7035.6700}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.6800** [Repealed, 12 SR 846] {#sec-7035.6800 omnilex-key=us-mn-regs-official--agency-167--7035.6800}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.6900** [Repealed, 12 SR 846] {#sec-7035.6900 omnilex-key=us-mn-regs-official--agency-167--7035.6900}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.7000** [Repealed, 12 SR 846] {#sec-7035.7000 omnilex-key=us-mn-regs-official--agency-167--7035.7000}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.7100** [Repealed, 12 SR 846] {#sec-7035.7100 omnilex-key=us-mn-regs-official--agency-167--7035.7100}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.7200** [Repealed, 12 SR 846] {#sec-7035.7200 omnilex-key=us-mn-regs-official--agency-167--7035.7200}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.7300** [Repealed, 12 SR 846] {#sec-7035.7300 omnilex-key=us-mn-regs-official--agency-167--7035.7300}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.7400** [Repealed, 12 SR 846] {#sec-7035.7400 omnilex-key=us-mn-regs-official--agency-167--7035.7400}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.7500** [Repealed, 12 SR 846] {#sec-7035.7500 omnilex-key=us-mn-regs-official--agency-167--7035.7500}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.7600** [Repealed, 12 SR 846] {#sec-7035.7600 omnilex-key=us-mn-regs-official--agency-167--7035.7600}
[Repealed, 12 SR 846]
##### **Minn. R. 7035.7700** Apportionment of Funds {#sec-7035.7700 omnilex-key=us-mn-regs-official--agency-167--7035.7700}
**Subpart 1. Articles V and VI grants.**
The agency shall apportion funds allocated to it by the legislature for the grant programs set out in articles V and VI of the Waste Management Act, Minnesota Statutes, sections 115A.42 to 115A.54 as follows:
A. Article V grants (grants awarded under other rules): 40 percent of the amount appropriated to the agency.
B. Article VI grants (grants awarded under this rule): 60 percent of the amount appropriated to the agency.
C. If the agency receives more eligible requests for grant assistance under article VI than the agency has funds available and the agency receives less eligible requests for grant assistance under article V than it has funds available, the agency shall adjust the apportionment described in this part. Similarly, if the agency receives less eligible requests for grant assistance under article VI than the agency has funds available to it and more eligible request for grant assistance under article V than it has funds available, the agency shall adjust the apportionment described in this part. No such adjustment shall be made until the last date that grant applications are permitted to be submitted to the agency under this rule and the rule developed to implement article V of the Waste Management Act.
**Subp. 2. Preimplementation and implementation grants.**
For preimplementation and implementation grants, the agency shall apportion funds allocated to it by the legislature as follows:
A. Preimplementation grants: 20 percent of the amount appropriated to the agency; and
B. Implementation grants: 80 percent of the amount appropriated to the agency. Severability. If any provision of this rule or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect any other provision or application of any other part of this rule or any other rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule and the various applications thereof are declared to be severable.
**History**
- *Statutory Authority: MS s 115A.49*
##### **Minn. R. 7035.8000** [Renumbered 9220.0100] {#sec-7035.8000 omnilex-key=us-mn-regs-official--agency-167--7035.8000}
[Renumbered 9220.0100]
##### **Minn. R. 7035.8010** [Renumbered 9220.0110] {#sec-7035.8010 omnilex-key=us-mn-regs-official--agency-167--7035.8010}
[Renumbered 9220.0110]
##### **Minn. R. 7035.8020** [Renumbered 9220.0120] {#sec-7035.8020 omnilex-key=us-mn-regs-official--agency-167--7035.8020}
[Renumbered 9220.0120]
##### **Minn. R. 7035.8030** [Renumbered 9220.0130] {#sec-7035.8030 omnilex-key=us-mn-regs-official--agency-167--7035.8030}
[Renumbered 9220.0130]
##### **Minn. R. 7035.8040** [Renumbered 9220.0140] {#sec-7035.8040 omnilex-key=us-mn-regs-official--agency-167--7035.8040}
[Renumbered 9220.0140]
##### **Minn. R. 7035.8050** [Renumbered 9220.0150] {#sec-7035.8050 omnilex-key=us-mn-regs-official--agency-167--7035.8050}
[Renumbered 9220.0150]
##### **Minn. R. 7035.8060** [Renumbered 9220.0160] {#sec-7035.8060 omnilex-key=us-mn-regs-official--agency-167--7035.8060}
[Renumbered 9220.0160]
##### **Minn. R. 7035.8070** [Renumbered 9220.0170] {#sec-7035.8070 omnilex-key=us-mn-regs-official--agency-167--7035.8070}
[Renumbered 9220.0170]
##### **Minn. R. 7035.8080** [Renumbered 9220.0180] {#sec-7035.8080 omnilex-key=us-mn-regs-official--agency-167--7035.8080}
[Renumbered 9220.0180]
##### **Minn. R. 7035.8200** [Repealed, 12 SR 2513] {#sec-7035.8200 omnilex-key=us-mn-regs-official--agency-167--7035.8200}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8205** [Repealed, 12 SR 2513] {#sec-7035.8205 omnilex-key=us-mn-regs-official--agency-167--7035.8205}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8210** [Repealed, 12 SR 2513] {#sec-7035.8210 omnilex-key=us-mn-regs-official--agency-167--7035.8210}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8220** [Repealed, 12 SR 2513] {#sec-7035.8220 omnilex-key=us-mn-regs-official--agency-167--7035.8220}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8230** [Repealed, 12 SR 2513] {#sec-7035.8230 omnilex-key=us-mn-regs-official--agency-167--7035.8230}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8240** [Repealed, 12 SR 2513] {#sec-7035.8240 omnilex-key=us-mn-regs-official--agency-167--7035.8240}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8250** [Repealed, 12 SR 2513] {#sec-7035.8250 omnilex-key=us-mn-regs-official--agency-167--7035.8250}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8260** [Repealed, 12 SR 2513] {#sec-7035.8260 omnilex-key=us-mn-regs-official--agency-167--7035.8260}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8270** [Repealed, 12 SR 2513] {#sec-7035.8270 omnilex-key=us-mn-regs-official--agency-167--7035.8270}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8280** [Repealed, 12 SR 2513] {#sec-7035.8280 omnilex-key=us-mn-regs-official--agency-167--7035.8280}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8290** [Repealed, 12 SR 2513] {#sec-7035.8290 omnilex-key=us-mn-regs-official--agency-167--7035.8290}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8300** [Repealed, 12 SR 2513] {#sec-7035.8300 omnilex-key=us-mn-regs-official--agency-167--7035.8300}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8400** [Repealed, 12 SR 2513] {#sec-7035.8400 omnilex-key=us-mn-regs-official--agency-167--7035.8400}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8410** [Repealed, 12 SR 2513] {#sec-7035.8410 omnilex-key=us-mn-regs-official--agency-167--7035.8410}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8420** [Repealed, 12 SR 2513] {#sec-7035.8420 omnilex-key=us-mn-regs-official--agency-167--7035.8420}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8430** [Repealed, 12 SR 2513] {#sec-7035.8430 omnilex-key=us-mn-regs-official--agency-167--7035.8430}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8440** [Repealed, 12 SR 2513] {#sec-7035.8440 omnilex-key=us-mn-regs-official--agency-167--7035.8440}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8450** [Repealed, 12 SR 2513] {#sec-7035.8450 omnilex-key=us-mn-regs-official--agency-167--7035.8450}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8460** [Repealed, 12 SR 2513] {#sec-7035.8460 omnilex-key=us-mn-regs-official--agency-167--7035.8460}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8470** [Repealed, 12 SR 2513] {#sec-7035.8470 omnilex-key=us-mn-regs-official--agency-167--7035.8470}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8480** [Repealed, 12 SR 2513] {#sec-7035.8480 omnilex-key=us-mn-regs-official--agency-167--7035.8480}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8490** [Repealed, 12 SR 2513] {#sec-7035.8490 omnilex-key=us-mn-regs-official--agency-167--7035.8490}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8500** [Repealed, 12 SR 2513] {#sec-7035.8500 omnilex-key=us-mn-regs-official--agency-167--7035.8500}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8510** [Repealed, 12 SR 2513] {#sec-7035.8510 omnilex-key=us-mn-regs-official--agency-167--7035.8510}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8520** [Repealed, 12 SR 2513] {#sec-7035.8520 omnilex-key=us-mn-regs-official--agency-167--7035.8520}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8530** [Repealed, 12 SR 2513] {#sec-7035.8530 omnilex-key=us-mn-regs-official--agency-167--7035.8530}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8540** [Repealed, 12 SR 2513] {#sec-7035.8540 omnilex-key=us-mn-regs-official--agency-167--7035.8540}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8550** [Repealed, 12 SR 2513] {#sec-7035.8550 omnilex-key=us-mn-regs-official--agency-167--7035.8550}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8560** [Repealed, 12 SR 2513] {#sec-7035.8560 omnilex-key=us-mn-regs-official--agency-167--7035.8560}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8570** [Repealed, 12 SR 2513] {#sec-7035.8570 omnilex-key=us-mn-regs-official--agency-167--7035.8570}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8580** [Repealed, 12 SR 2513] {#sec-7035.8580 omnilex-key=us-mn-regs-official--agency-167--7035.8580}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8590** [Repealed, 12 SR 2513] {#sec-7035.8590 omnilex-key=us-mn-regs-official--agency-167--7035.8590}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8700** [Repealed, 12 SR 2513] {#sec-7035.8700 omnilex-key=us-mn-regs-official--agency-167--7035.8700}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.8710** [Repealed, 12 SR 2513] {#sec-7035.8710 omnilex-key=us-mn-regs-official--agency-167--7035.8710}
[Repealed, 12 SR 2513]
##### **Minn. R. 7035.9100** Scope {#sec-7035.9100 omnilex-key=us-mn-regs-official--agency-167--7035.9100}
Parts 7035.9100 to 7035.9150 apply to owners and operators of facilities, to commercial transporters, and to all infectious waste without regard to quantity. They do not apply to waste generated by households, farms, agricultural businesses, or, except where specified, generators.
**History**
- *Statutory Authority: MS s 116.75*
- *History: 15 SR 836*
##### **Minn. R. 7035.9110** Definitions {#sec-7035.9110 omnilex-key=us-mn-regs-official--agency-167--7035.9110}
**Subpart 1. Scope.**
As used in parts 7035.9100 to 7035.9150, the following terms have the meanings given them.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency, its agent, or representative.
**Subp. 3. Blood.**
"Blood" means waste human blood and blood products in containers, or solid waste saturated and dripping human blood or blood products. Human blood products include serum, plasma, and other blood components.
**Subp. 4. Commercial transporter.**
"Commercial transporter" means a person who transports infectious or pathological waste for compensation.
**Subp. 5. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 6. Decontamination.**
"Decontamination" means rendering infectious waste safe for routine handling as a solid waste.
**Subp. 7. Disinfection.**
"Disinfection" means the use of chemical solutions to substantially reduce the number of microorganisms present on surfaces of inanimate objects.
**Subp. 8. Facility.**
"Facility" means a site where infectious waste is stored, disposed, or decontaminated, including incineration.
**Subp. 9. Generator.**
"Generator" means a person whose activities produce infectious waste. Generator does not include a person who produces sharps as a result of administering medication to oneself, an ambulance service licensed under Minnesota Statutes, section 144E.10, an eligible community health board or public health nursing agency as defined in Minnesota Statutes, section 116.78, subdivision 10, or a program providing school health service under Minnesota Statutes, section 123.35, subdivision 17.
**Subp. 10. Infectious waste.**
"Infectious waste" means laboratory waste, blood, regulated body fluids, sharps, and research animal waste that have not been decontaminated.
**Subp. 11. Laboratory waste.**
"Laboratory waste" means waste cultures and stocks of agents that are generated from a laboratory and are infectious to humans; discarded contaminated items used to inoculate, transfer, or otherwise manipulate cultures or stocks of agents that are infectious to humans; wastes from the production of biological agents that are infectious to humans; and discarded live or attenuated vaccines that are infectious to humans.
**Subp. 12. Management plan.**
"Management plan" means a written and implemented system, as described in part 7035.9130, for the safe handling of infectious or pathological waste through collection, disinfection, transport, storage, and disposal.
**Subp. 13. Offsite.**
"Offsite" means a land area and appurtenances for the decontamination, storage, or disposal of infectious waste that is not on the generator's site.
**Subp. 14. Operator.**
"Operator" means the person or persons responsible for the operation of a facility.
**Subp. 15. Owner or facility owner.**
"Owner or facility owner" means the person or persons who own a facility or part of a facility.
**Subp. 16. Pathological waste.**
"Pathological waste" means human tissues and body parts removed accidentally or during surgery or autopsy intended for disposal. Pathological waste does not include teeth.
**Subp. 17. Person.**
"Person" means an individual, partnership, association, public or private corporation, or other legal entity, the United States government, an interstate body, the state, and an agency, department, or political subdivision of the state.
**Subp. 18. Putrefaction.**
"Putrefaction" means the decomposition of organic matter by microorganisms, producing foul-smelling matter.
**Subp. 19. Regulated human body fluids.**
"Regulated human body fluids" means cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic fluid that are in containers or that drip freely from body fluid soaked solid waste items.
**Subp. 20. Research animal waste.**
"Research animal waste" means carcasses, body parts, and blood derived from animals knowingly and intentionally exposed to agents that are infectious to humans for the purpose of research, production of biologicals, or testing of pharmaceuticals.
**Subp. 21. Sharps.**
"Sharps" means:
A. discarded items that can induce subdermal inoculation of infectious agents, including needles, scalpel blades, pipettes, and other items derived from human or animal patient care, blood banks, laboratories, mortuaries, research facilities, and industrial operations; and
B. discarded glass or rigid plastic vials containing infectious agents.
**Subp. 22. Spill.**
"Spill" means the release of infectious waste to the environment.
**Subp. 23. Storage.**
"Storage" means the offsite holding of infectious waste for more than 48 hours, except when such waste is accepted on a Friday, provided that any waste so accepted must be disposed of not later than the following Monday.
**History**
- *Statutory Authority: MS s 116.75*
- *History: 15 SR 836; L 1997 c 199 s 14; L 2015 c 21 art 1 s 109*
##### **Minn. R. 7035.9120** Required Practices for Facility Owners and Operators and Commercial Transporters {#sec-7035.9120 omnilex-key=us-mn-regs-official--agency-167--7035.9120}
**Subpart 1. Packaging and labeling requirements.**
No commercial transporter shall receive any infectious waste that is not packaged according to items A to G. No facility owner or operator shall receive for offsite decontamination, storage, or disposal, any infectious waste that is not packaged according to items A to G.
A. Sharps must be in rigid, puncture-resistant containers that have lids or caps that are designed to preclude loss or leakage of the contents.
B. Sharps must remain packaged throughout collection, storage, decontamination, and any handling processes that precede disposal, unless the sharps have been treated by a process that renders them incapable of inducing subdermal inoculation. This item does not prevent the use of sharps containers that are designed to be reusable if parts 7035.9100 to 7035.9150 are complied with.
C. Sharps containers, or infectious waste containers that include sharps containers, that will be transported to an offsite facility must be labeled, on the outer container, with "Sharps" in letters at least one inch high with a stroke width of one-eighth inch and with either the international biohazard symbol, at least three inches by three inches, or the words "Infectious Waste" in letters at least one inch in height with a stroke width of one-eighth inch.
D. Infectious waste, except for sharps, must be contained in plastic bags that are impervious to moisture, and of sufficient strength to preclude ripping, tearing, or bursting under normal conditions of use and handling. Each plastic bag must be constructed of material of sufficient single thickness and strength to pass the 165-gram dropped dart impact resistance test as prescribed by ASTM Standard D 1709-75, which is incorporated by reference, and is not subject to frequent change. The standard appears in the Annual Book of ASTM Standards, issued by the American Society of Testing and Materials (Philadelphia, 1975), and is available at the Minnesota State Law Library or through the statewide interlibrary loan system. The bags must be secured to prevent leakage of waste during handling, decontamination, storage, transport, or disposal.
E. Plastic bags of infectious waste that will be shipped offsite must be packaged for storage or handling by placement in corrugated fiberboard boxes or equivalent rigid containers such as reusable pails, cartons, or portable bins. Containers must have tight-fitting covers and be securely sealed.
F. Boxes and rigid containers of infectious waste must be conspicuously labeled with the words "Infectious Waste" in letters at least one inch high, with a stroke width of one-eighth inch, or the international biohazard symbol, at least three inches by three inches.
G. Containers that have been in direct contact with infectious waste must be disinfected before further use. The disinfection methods in subpart 6, item C, must be used.
**Subp. 2. Storage requirements.**
Offsite facility owners and operators must store waste according to items A to E.
A. Infectious or pathological waste must be segregated from other wastes in a storage area designed to prevent the entry of vermin. Storage areas for infectious or pathological waste must be secured to deny access by unauthorized persons and must be prominently marked with the international biohazard symbol and with the words "Infectious Waste" on or adjacent to the exterior of entry doors and access gates.
B. Interior surfaces of storage areas must be constructed of materials that are easily cleaned.
C. Offsite storage areas must be designed to contain spills.
D. Infectious or pathological waste must not be allowed to become putrescent during storage or at any time.
E. Storage facility owners and operators must comply with the spill response requirements in subpart 6.
**Subp. 3. Decontamination requirements.**
Facility owners and operators may use incineration, autoclaving, or other decontamination methods that have been approved by the commissioner for the decontamination of infectious waste. Facility owners and operators shall use handling and storage practices that comply with subparts 1 and 2, and decontamination methods that comply with items A to C and subpart 6.
A. Incinerators must be operated in compliance with chapters 7001, 7005, 7007, 7009, 7011, 7017, 7019, 7021, 7023, 7025, and 7028.
B. Offsite decontamination of infectious waste by autoclaving must be achieved in the following manner:
C. Other methods for decontaminating infectious waste offsite, such as grinding, microwaving, or disinfecting technologies must receive commissioner approval. To obtain approval, the facility owner or operator proposing the decontamination method must submit to the commissioner information demonstrating that the proposed method decontaminates the waste. The commissioner may request additional information to determine whether the method is effective. In making this decision, the commissioner shall consult with the Centers for Disease Control and the Minnesota Department of Health.
**Subp. 4. Commercial transporter requirements.**
A. A commercial transporter must possess a valid transporter registration as described in part 7035.9140, subpart 3.
B. The commercial transporter's management plan required in part 7035.9130 must be kept at the address identified as the commercial transporter's principal place of business.
C. A commercial transporter who transports infectious waste offsite and facilities that receive the waste must be in compliance with subitems (1) to (9).
D. Commercial transporter vehicles must bear labels or placards that comply with subitems (1) and (2).
**Subp. 5. Generator transport requirements.**
A. Generators who transport their own infectious waste to an offsite decontamination, storage, or disposal facility must comply with the packaging, labeling, and storage requirements of subparts 1 and 2.
B. Generators who provide not-for-compensation or at cost infectious waste collection and transport services for other generators or groups of generators that provide not-for-compensation infectious waste collection and transport service for the group must comply with the packaging, labeling, and storage requirements of subparts 1 and 2 and the commercial transporter requirements of subpart 4, item C.
C. Generator transport vehicles that exceed 7,000 pounds gross vehicle weight must be identified on each side of the vehicle, and on the access doors to any area holding infectious waste, with the name of the transporter and the words "Infectious Waste" in letters six inches high with a stroke width of three-fourths inch or with the international biohazard symbol, eight inches by eight inches. Magnetic placards that meet these specifications are acceptable.
D. Generators who transport infectious waste in vehicles that exceed 7,000 pounds gross vehicle weight must comply with subpart 8, items B and C, in addition to providing the name and title of the individual responsible for the implementation of infectious waste activities that are consistent with parts 7035.9100 to 7035.9150.
**Subp. 6. Spill response plan.**
Spill response plans must comply with items A to C.
A. A spill cleanup kit must be available for use in areas used for the storage, decontamination, or disposal of infectious waste and also on each transport vehicle. The cleanup kit must include at least:
B. Response to a spill must include the following minimum procedures:
C. Procedures for disinfecting contaminated surfaces include, but are not limited to, agitation to remove visible soil and application of one of the following chemical sanitizers for the contact time required by the manufacturer's label:
**Subp. 7. Financial assurance.**
As a condition of management plan approval, an offsite storage facility owner or operator shall provide to the agency evidence of financial assurance according to item A, B, or C.
A. An offsite storage facility owner or operator may satisfy the requirements of this subpart by depositing acceptable securities with the commissioner of management and budget in accordance with subitems (1) to (9). The value of the securities to be deposited shall at least equal the estimated costs of final waste disposal that is approved in the management plan.
B. An offsite storage facility owner or operator may satisfy the requirements of this subpart by sending to the commissioner a surety bond that conforms to the requirements of subitems (1) to (8). The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
C. An offsite storage facility owner or operator may satisfy the requirements of this subpart by sending to the commissioner a letter of credit that conforms to the requirements of subitems (1) to (8). The issuing institution must be an entity which has the authority to issue letters of credit. Its letter-of-credit operations must be regulated and examined by a federal or Minnesota state agency.
**Subp. 8. Reporting and record keeping.**
Facility owners and operators and commercial transporters must maintain records for a minimum of three years. If the three-year period expires during an unresolved enforcement action, the period is automatically extended until resolution of the pending enforcement action. Facility owners and operators and commercial transporters shall report the following information annually to the commissioner on the anniversary date of management plan approval:
A. the title and name of the individual responsible for implementation of the management plan as specified in part 7035.9130, item A;
B. the incidences in which infectious waste is released to the environment; and
C. the amounts of infectious waste managed; storage and decontamination facility owners and operators must submit the following information for the management of infectious waste that is generated both in and outside of Minnesota; commercial transporters must submit the following information only for the transport of infectious waste that is generated in Minnesota:
**History**
- *Statutory Authority: MS s 116.75*
- *History: 15 SR 836; 18 SR 614; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109*
##### **Minn. R. 7035.9130** Management Plan {#sec-7035.9130 omnilex-key=us-mn-regs-official--agency-167--7035.9130}
Each facility owner or operator and commercial transporter must develop and submit to the commissioner for approval a management plan that meets the requirements of this part. A copy of the management plan must also be submitted to the county solid waste officer. The management plan must be updated and resubmitted at least once every two years to the commissioner and to the county solid waste officer. A current copy of the management plan must be maintained onsite. For the management plan to be approved, all information in the management plan must be consistent with the requirements established in part 7035.9120 and must include the information required in Minnesota Statutes, section 116.79, and in items A to L. Storage facility owners and operators must submit the additional information required in item M.
A. The name and title of the individual responsible for the implementation of the management plan.
B. A description of packaging and identification labels used for the packaging and offsite transport of infectious or pathological waste as specified in part 7035.9120, subpart 1.
C. Spill response plan, including personal protection, cleanup, and repackaging, as specified in part 7035.9120, subpart 6.
D. Staff training and continuing education plan for employees who handle infectious or pathological wastes.
E. For facilities that decontaminate infectious waste, a contingency plan that identifies alternative management methods that will be used during shutdown.
F. The length of time that waste will be stored at a storage facility.
G. The method of receiving waste to ensure that infectious or pathological waste is handled separately from other waste until decontamination is completed and to prevent unauthorized persons from having access to or contact with the waste.
H. The method of unloading and processing infectious or pathological waste that limits the number of employees handling the waste and minimizes the possibility of exposure of employees.
I. The method of disinfecting emptied reusable containers, surface areas of transport vehicles, and facility equipment that has been in contact with infectious waste.
J. The methods used to store and transport infectious or pathological waste in a manner that prevents putrefaction.
K. The weight or number and size of containers of infectious waste and sharps to be stored, transported, decontaminated, or disposed of at an approved facility; storage and decontamination facility owners and operators must list the quantities of infectious waste and sharps managed that were generated both in and outside of Minnesota; commercial transporters must list quantities only for the transport of infectious waste and sharps that were generated in Minnesota.
L. A list containing the name, location, and contact persons of the decontamination, storage, or disposal facilities that will be used.
M. An estimate of all costs that will be incurred after the storage facility ceases to accept infectious wastes. The estimate must include a unit cost for final disposal that is based on material weight, the name of the waste treatment or disposal facility to be used and a schedule of its rates, and unit-based transport costs from the storage facility to the waste treatment or disposal facility.
**History**
- *Statutory Authority: MS s 116.75*
- *History: 15 SR 836*
##### **Minn. R. 7035.9140** Management Plan Certification Procedures {#sec-7035.9140 omnilex-key=us-mn-regs-official--agency-167--7035.9140}
**Subpart 1. Management plan application.**
Persons required by part 7035.9130 to have an approved management plan shall comply with items A to E.
A. A management plan submitted to the commissioner for approval must provide the information listed in part 7035.9130 and be signed.
B. An existing facility owner or operator or a commercial transporter shall submit a management plan within 45 days of the adoption of parts 7035.9100 to 7035.9150.
C. A facility owner or operator or commercial transporter that begins the transport, storage, decontamination, or disposal of infectious waste after adoption of parts 7035.9120 to 7035.9150 shall submit to the commissioner a copy of the management plan before initiating the handling of the infectious waste.
D. A generator that also incinerates infectious waste shall submit a management plan for incineration activities in addition to any plan required by the Minnesota Department of Health.
E. A facility owner or operator that has an approved management plan shall update and resubmit a plan every two years. The updated plan must be submitted at least 30 days before the expiration date of the plan.
**Subp. 2. Certification fees.**
Management plans prepared by facility owners or operators that store, decontaminate, or dispose of infectious waste, other than at the facility that generates the infectious waste, or a management plan prepared by a facility owner or operator that incinerates onsite at a hospital must be submitted to the commissioner with the certification fee required under Minnesota Statutes, section 116.79, subdivision 4.
**Subp. 3. Commercial transporter registration.**
Commercial transporters must register with the commissioner. To obtain registration, the commercial transporter must comply with the requirements of subpart 1. Registered transporters shall receive registration cards to be kept in each single unit vehicle or trailer and at the address identified as the principal place of business. The vehicle identification number must be displayed as required in part 7035.9120, subpart 4, item D, subitem (1).
**Subp. 4. Exemption from commercial transporter registration.**
Exemption from registration does not include exemption from the packaging and labeling requirements of part 7035.9120, subpart 1. The following are exempt from commercial transporter registration requirements:
A. generators that transport their own infectious waste to an approved facility;
B. a generator that provides not-for-compensation or at cost infectious waste collection and transport services for other generators;
C. groups of generators that provide not-for-compensation infectious waste collection and transport services for the group; and
D. persons who provide collection and transportation of sharps for households as part of the feasibility study required by Laws 1989, chapter 337, section 10.
**Subp. 5. Transporter registration fees.**
Management plans prepared by commercial transporters of infectious waste must be submitted to the commissioner with the registration fee required under Minnesota Statutes, section 116.80, subdivision 3.
**Subp. 6. Signatories to management plans.**
All management plans must be signed by the following persons:
A. for corporations, by an executive officer, or an agent or representative of the executive officer if the agent or representative is responsible for the implementation and evaluation of the management plan; and
B. for a municipality, or state, federal, or other public agency, either an executive officer or a ranking elected official and the individual responsible for the implementation and evaluation of the management plan.
**Subp. 7. Duration of management plan.**
A management plan is effective for two years after the date of plan approval unless enforcement actions result in the revocation of the plan.
**Subp. 8. Review and approval or denial of management plans.**
A. All management plans shall be reviewed for completeness by the commissioner. If the management plan is incomplete, the commissioner shall promptly advise the signatory of the incompleteness. Further processing of the management plan may be suspended until the necessary information is supplied.
B. A management plan shall be approved if the plan is determined to be complete and consistent with these parts. A letter of approval signed by the commissioner shall be sent to the applicant upon approval of the plan. Part 7001.0100, subparts 4 and 5; and 7001.0110 do not apply to these approvals. Approval under this part is not a permit under chapter 7001. Nothing in this part exempts facilities or generators from applicable agency permit requirements and compliance with agency rules.
C. Approval shall be denied if the plan does not comply with these parts and other applicable state or federal laws or rules.
**History**
- *Statutory Authority: MS s 116.07; 116.75*
- *History: 15 SR 836; 30 SR 529*
##### **Minn. R. 7035.9150** Forms {#sec-7035.9150 omnilex-key=us-mn-regs-official--agency-167--7035.9150}
**Subpart 1. Surety bond.**
A surety bond as specified in part 7035.9120, subpart 7, must be worded as specified in this part, except that the instructions in brackets must be replaced with the relevant information and the brackets deleted.
PERFORMANCE BOND
Date bond executed: ....................
Effective date: ........................
Principal: [legal name and business address of owner or operator]
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation: ................
Surety(ies): [name(s) and business address(es)]
Identification number, name, address, and estimated costs of final waste disposal for each facility guaranteed by this bond: $..........
Total penal sum of bond: $......
Surety's bond number: ..........
The Principal and Surety(ies) hereto are firmly bound to the Minnesota Pollution Control Agency (hereinafter called Agency), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in the sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of the sum only as is set forth opposite the name of the Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
The Principal is required to provide financial assurance for the final disposal of wastes accepted at the facility(ies) named above.
The conditions of this obligation are such that if the Principal properly disposes of all wastes accepted at the facility(ies), in accordance with the Principal's approved infectious waste management plan and all applicable laws, statutes, rules, and regulations, as these laws, statutes, rules, and regulations may be amended,
Or, if the Principal provides alternate financial assurance as specified in Minnesota Rules, part 7035.9120, subpart 7, and obtains the Agency Commissioner's written approval of the financial assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Agency Commissioner from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.
Upon notification by the Agency Commissioner that the Principal has been found in violation of the requirements of Minnesota Rules, part 7035.9120, for a facility for which this bond guarantees proper waste disposal, the Surety(ies) shall pay the penal sum of the bond to the Agency as directed by the Agency Commissioner.
Upon notification by the Agency Commissioner that the Principal has failed to provide alternate financial assurance as specified in Minnesota Rules, part 7035.9120, subpart 7, and obtain written approval of the financial assurance from the Agency Commissioner during the 90 days following receipt by both the Principal and Agency of a notice of cancellation of the bond, the Surety(ies) shall pay the penal sum of the bond to the Agency as directed by the Agency Commissioner.
The Surety(ies) hereby waive(s) notification of amendments to infectious waste management plans and applicable laws, statutes, rules, and regulations and agree(s) that no amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until the payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Agency Commissioner, provided however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Agency Commissioner, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Agency Commissioner.
(The following paragraph is an optional rider that may be included but is not required.)
Principal and Surety(ies) agree to adjust the penal sum of the bond yearly so that it guarantees a new final waste disposal cost estimate, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Agency Commissioner.
The Principal and Surety(ies) have signed this Performance Bond on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording in Minnesota Rules, part 7035.9150, subpart 1, as the rule was constituted on the date this bond was executed.
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
**Subp. 2. Letter of credit.**
A letter of credit, as specified in part 7035.9120, subpart 7, must be worded as specified in this part, except that the instructions in brackets must be replaced with the relevant information and the brackets deleted.
IRREVOCABLE STANDBY LETTER OF CREDIT
[Agency Commissioner]
Minnesota Pollution Control Agency
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. .......... in your favor, at the request and for the account of [owner's or operator's name and address] up to the aggregate amount of [in words] United States dollars $......, available upon presentation of:
1. your sight draft, bearing reference to this letter of Credit No. ...; and
2. your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to the infectious waste rules, Minnesota Rules, parts 7035.9100 to 7035.9150."
This letter of credit is effective as of [date] and shall expire on [date at least one year later], but the expiration date shall be automatically extended for a period of [at least one year] on [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify both you and [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by you, as shown on the signed return receipt.
Whenever this letter of credit is drawn on, under, and in compliance with the terms of this credit, we shall duly honor the draft upon presentation to us and we shall deposit the amount of the draft directly to the Minnesota Pollution Control Agency in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in Minnesota Rules, part 7035.9150, subpart 2, as the rules were constituted on the date shown immediately below.
[SIGNATURE(S) AND TITLE(S) OF OFFICIAL(S) OF ISSUING INSTITUTION]
[DATE]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce," or "the Uniform Commercial Code published in Minnesota Statutes, chapter 336"].
**History**
- *Statutory Authority: MS s 116.75*
- *History: 15 SR 836*
## **Chapter 7037** PETROLEUM CONTAMINATED SOIL MANAGEMENT
##### **Minn. R. 7037.0100** Definitions {#sec-7037.0100 omnilex-key=us-mn-regs-official--agency-167--7037.0100}
**Subpart 1. Scope.**
For the purposes of this chapter, the terms in this part have the meanings given them.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 3. Batch of petroleum contaminated soil.**
"Batch of petroleum contaminated soil" means the entire volume of soil removed or planned to be removed from a property which has been contaminated by one or more releases of petroleum.
**Subp. 4. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 5. Generator.**
"Generator" means a person who is responsible or assumes responsibility for the removal of petroleum contaminated soil.
**Subp. 6. Land treatment.**
"Land treatment" means the placement and incorporation of petroleum contaminated soil into the native soil surface for the purpose of biodegradation of organic waste components.
**Subp. 7. Land treatment facility.**
"Land treatment facility" means a facility for the land treatment of petroleum contaminated soil that is permitted under chapter 7035.
**Subp. 8. Land treatment site.**
"Land treatment site" means a parcel of land which is used for land treatment of petroleum contaminated soil and which operates or is proposed to operate within the limits in part 7037.1000. Land treatment site includes the storage areas associated with the site.
**Subp. 9. Native soil.**
"Native soil" means the soil of a land treatment site prior to the spreading of petroleum contaminated soil.
**Subp. 10. Operator.**
"Operator" means the person responsible for the overall management of the land treatment site.
**Subp. 11. Ordinary high water level.**
"Ordinary high water level" has the meaning given it in part 6120.2500, subpart 11.
**Subp. 12. Owner.**
"Owner" means a person who is the fee owner of real property where a land treatment site is proposed or operated.
**Subp. 13. Person.**
"Person" means an individual, partnership, association, public or private corporation, or other legal entity, including the United States government, an interstate commission or other body, the state, or any agency, board, bureau, office, department, or political subdivision of the state, but does not include the agency.
**Subp. 14. Petroleum.**
"Petroleum" has the meaning given it in part 7150.0030, subpart 36. Petroleum does not include a fraction of crude oil or constituents of gasoline if they were used or were intended for use in virgin or pure form including but not limited to benzene, toluene, and xylene.
**Subp. 15. Petroleum contaminated soil.**
"Petroleum contaminated soil" means mineral or organic soil or unconsolidated earthen material into which petroleum has been released.
**Subp. 16. Place of habitation.**
"Place of habitation" means a house, apartment, manufactured home, dwelling, residence, or other structure, occupied or intended to be occupied on a day-to-day basis by an individual or group of individuals, a family unit, or group of family units.
**Subp. 17. Plot.**
"Plot" means a subdivided area of an approved land treatment site designated for a single batch of petroleum contaminated soil.
**Subp. 18. Recreational area.**
"Recreational area" means a public park, trail, campground, playground, athletic field, picnic ground, botanical or zoological garden, swimming beach or pool, fairground, or wayside and any commercial campground, resort, tourist court, amusement park, riding stable, or golf course.
**Subp. 19. Release.**
"Release" means the spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum into the environment but does not include discharges, designed venting, or land treatment at an approved land treatment site allowed under agency rules.
**Subp. 20. Residential development.**
"Residential development" means ten or more places of habitation concentrated within ten acres of land. Residential development includes schools, churches, hospitals, nursing homes, businesses, offices, and apartment buildings or complexes having ten or more living units.
**Subp. 21. Rivers and streams.**
"Rivers and streams" means a watercourse defined as natural watercourses, altered natural watercourses, or public waters in Minnesota Statutes, section 103G.005, subdivisions 3, 13, and 15.
**Subp. 22. Run-off.**
"Run-off" means a liquid that drains over land from any part of an approved land treatment site or area for storage of petroleum contaminated soil.
**Subp. 23. Run-on.**
"Run-on" means a liquid that drains over land onto any part of an approved land treatment site or area for storage of petroleum contaminated soil.
**Subp. 24. Seasonal high water table.**
"Seasonal high water table" means the highest level the water table reaches during a given year or the highest level it has reached in the recent past as indicated by soil mottling or color changes. Methods for determining the seasonal high water table are given in part 7037.3300, subpart 5.
**Subp. 25. Soil texture.**
"Soil texture" means the relative portion of sand, silt, and clay in a soil, as determined using the methods given in part 7037.3300, subpart 4. The soil textural classifications of the United States Department of Agriculture are used for this chapter. These soil textural classifications are provided in the publication entitled "Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys," written and published by the United States Department of Agriculture, USDA-SCS Agricultural Handbook No. 436, 1975.
**Subp. 26. Tank.**
"Tank" has the meaning given it in Minnesota Statutes, section 115C.02, subdivision 14.
**Subp. 27. Ten-year floodplain.**
"Ten-year floodplain" means land that is subject to a ten percent or greater chance of flooding in any given year from any source.
**Subp. 28. Treatment zone.**
"Treatment zone" means the total thickness of native soil above the seasonal high water table or bedrock, whichever is closest to the surface of the native soil. If the thickness of native soil existing above both of these features exceeds five feet, then the treatment zone is established as five feet. If a subsurface tile drainage system is present which is designed according to or equivalent to Natural Resources Conservation Service engineering standards and criteria, the depth of the treatment zone is established as the depth of the tile drainage system.
**Subp. 29. Used oil.**
"Used oil" has the meaning given it in part 7045.0020, subpart 100a.
**Subp. 30. Waste.**
"Waste" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 34.
**Subp. 31. Water table.**
"Water table" means the surface of the groundwater at which the pressure is atmospheric. Generally this is at the top of the saturated zone.
**Subp. 32. Wetland.**
"Wetland" means "wetlands" and "public waters wetlands" as defined in Minnesota Statutes, section 103G.141, subdivisions 18 and 19.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914; L 2015 c 21 art 1 s 109*
##### **Minn. R. 7037.0200** Purpose and Scope {#sec-7037.0200 omnilex-key=us-mn-regs-official--agency-167--7037.0200}
In accordance with the authority granted in Minnesota Statutes, section 116.07, subdivision 4, the purpose of this chapter is to provide for the protection of the public health and the environment by establishing minimum standards for the management and treatment of petroleum contaminated soil removed from locations where a release of petroleum occurs.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.0300** Variances {#sec-7037.0300 omnilex-key=us-mn-regs-official--agency-167--7037.0300}
Any person may apply for a variance from any requirement of this chapter. Variances must be applied for and acted upon by the agency in accordance with part 7000.7000 and Minnesota Statutes, section 116.07, subdivision 5, and other applicable standards and rules. However, no variance may be granted that would result in noncompliance with applicable federal rules and regulations.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914; 19 SR 1310*
##### **Minn. R. 7037.0400** Petroleum Contaminated Soil Treatment Options {#sec-7037.0400 omnilex-key=us-mn-regs-official--agency-167--7037.0400}
**Subpart 1. Treatment and disposal options.**
A generator shall treat or dispose of petroleum contaminated soil in accordance with one of the methods in items A to D:
A. land treatment at an approved land treatment site, as provided in this chapter;
B. land treatment at a land treatment facility which has received a solid waste management permit in accordance with parts 7001.0010 to 7001.0210 and chapter 7035;
C. thermal treatment by a soil roaster which has received an agency air emission permit in accordance with parts 7001.0010 to 7001.0210 and chapters 7005, 7007, 7009, 7011, 7017, 7019, 7021, 7023, 7025, 7028, 7030, and 7035; or
D. an alternative type of treatment or disposal allowed by agency rules.
**Subp. 2. Generator responsibility.**
Nothing in this chapter relieves the generator from responsibility under Minnesota Statutes, section 115.061, to ensure the proper treatment or disposal of petroleum contaminated soil.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914; 18 SR 614*
##### **Minn. R. 7037.0500** Sampling and Analysis of Petroleum Contaminated Soil {#sec-7037.0500 omnilex-key=us-mn-regs-official--agency-167--7037.0500}
**Subpart 1. Sampling procedures.**
To characterize the type and level of contamination of soil that has been or will be excavated, a generator shall take soil samples from a stockpile generated during a cleanup of a release or from subsurface soil borings conducted in locations which are representative of soil contaminated by the release. Petroleum contaminated soil samples collected for analysis for the parameters with codes A to E under subpart 2 must be grab samples. Analysis for the parameters with codes F to H under subpart 2 requires separate composite samples. Samples must be collected in accordance with parts 7037.2900 and 7037.3000.
**Subp. 2. General analysis requirements.**
A generator shall analyze petroleum contaminated soil for the parameters in the following table based on the contaminant or contaminants actually or potentially present in the soil using the required laboratory analysis methods given in part 7037.3100.
The parameter codes listed above correspond to the parameters as follows:
Code A - volatile organic compounds listed in Minnesota Department of Health method 465, revision D;
Code B - benzene, toluene, ethyl benzene, and xylenes;
Code C - methyl tertiary butyl ether;
Code D - total petroleum hydrocarbons as gasoline;
Code E - total petroleum hydrocarbons as fuel oil;
Code F - total lead;
Code G - constituents with waste codes D004 to D017 in part 7045.0131, subpart 8, unless the generator has personal knowledge that those constituents are not present and prepares a document containing the information in subpart 4; and
Code H - polychlorinated biphenyls (PCBs).
**Subp. 3. Additional evaluation of soil contaminated with leaded petroleum products.**
A generator shall perform a complete toxicity characteristic leaching procedure (TCLP) on soil that is contaminated with leaded gasoline and aviation gasoline if total lead is present at a level equal to or greater than 20 times its toxicity characteristic regulatory concentration level as given in part 7045.0131, subpart 8.
**Subp. 4. Additional evaluation of soil contaminated with used oil.**
A generator shall evaluate soil that is actually or potentially contaminated with used oil to determine whether it contains a hazardous waste in compliance with items A to C. If personal knowledge is used to make a determination on the presence of hazardous waste in the soil, the generator shall prepare a written document that sets forth the reasons supporting the generator's conclusion that hazardous waste is not present and that states that the information included in the document is true to the best of the generator's knowledge. The generator must sign and notarize this document.
A. A generator shall determine through chemical analysis or personal knowledge whether the soil is contaminated with any hazardous waste listed in part 7045.0135.
B. A generator shall determine the total halogen level of the soil by summing the halogenated compounds included in the parameters of code A in subpart 2. If the halogen level is equal to or greater than 1,000 parts per million, the soil is presumed to contain a hazardous waste, unless the generator rebuts this presumption through personal knowledge or chemical analysis.
C. A generator shall determine whether the soil exhibits the toxicity characteristic of part 7045.0131, subpart 7, for the constituents included in code G in subpart 2. If the total analysis for these constituents demonstrates that individual constituents are present in the soil at levels equal to or greater than 20 times the toxicity characteristic regulatory concentration levels as given in part 7045.0131, subpart 8, the generator shall perform a complete TCLP.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.0600** Management of Petroleum Contaminated Soil Containing Hazardous Waste {#sec-7037.0600 omnilex-key=us-mn-regs-official--agency-167--7037.0600}
A generator shall manage petroleum contaminated soil as a hazardous waste in accordance with chapter 7045 if:
A. the soil contaminated with a leaded petroleum product displays the toxicity characteristic for lead;
B. the soil is contaminated with any hazardous waste listed in part 7045.0135, including PCBs at a concentration equal to or greater than 50 parts per million;
C. the total halogen level is equal to or greater than 1,000 parts per million, unless the generator rebuts the presumption that the soil contains a hazardous waste, as given in part 7037.0500, subpart 4, item B; or
D. the complete TCLP of the soil displays the toxicity characteristic of part 7045.0131 for any of the constituents included in code G in part 7037.0500, subpart 2.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.0700** Exemptions {#sec-7037.0700 omnilex-key=us-mn-regs-official--agency-167--7037.0700}
**Subpart 1. Small quantities of petroleum contaminated soil.**
For petroleum contaminated soil in volumes less than ten cubic yards, the commissioner shall exempt generators and owners and operators from the requirement to comply with parts of this chapter if the commissioner finds that compliance with the part is not needed to protect human health and the environment. In determining whether to grant the exemption, the commissioner shall consider the actual or potential level of contamination; soil volume; proposed treatment; proposed treatment location; and the potential for presence of PCBs, halogens, metals, and other contaminants in the petroleum contaminated soil.
**Subp. 2. Emergency actions.**
The commissioner shall grant an exemption to this chapter for the storage, transportation, and treatment or disposal of petroleum contaminated soil if the commissioner determines that such an exemption is necessary to expedite the proper management of the soil or spilled material and to prevent, abate, or control pollution as a response to an emergency, provided the requirements of parts 7037.2400, 7037.2500, and 7037.2700 are met.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.0800** Overview of Standards and Approval Procedures for Land Treatment Sites {#sec-7037.0800 omnilex-key=us-mn-regs-official--agency-167--7037.0800}
The commissioner shall approve only those sites that meet the standards and limitations established in parts 7037.0900 and 7037.1000. Parts 7037.1100 and 7037.1200 establish the procedures for obtaining approval of a land treatment site from the commissioner. The approval provided in part 7037.1100 constitutes a preliminary finding by the commissioner that the site is suitable for the treatment of petroleum contaminated soil. No person shall spread petroleum contaminated soil at a land treatment site that has received preliminary approval under part 7037.1100 until information regarding the specific batch of petroleum contaminated soil has been submitted to and approved by the commissioner as provided under parts 7037.1300 and 7037.1400.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.0810** Storage of Petroleum Contaminated Soil Before Batch Approval {#sec-7037.0810 omnilex-key=us-mn-regs-official--agency-167--7037.0810}
Following preliminary approval under part 7037.1100, petroleum contaminated soil may be stored at the approved land treatment site on the plot or at a storage area meeting the criteria of part 7037.1000, subpart 6, provided that the application required under part 7037.1300 is filed within 30 days of initial soil storage, and runoff control is provided in accordance with part 7037.1600, subpart 1, item A. If approval under part 7037.1300 is denied, the generator or the owner or operator of the land treatment site shall remove the soil within 30 days.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.0900** Prohibited Areas for Land Treatment Sites {#sec-7037.0900 omnilex-key=us-mn-regs-official--agency-167--7037.0900}
Land treatment sites are prohibited in the following areas:
A. a ten-year floodplain;
B. within 200 feet of an intermittent stream, drainage ditch, or tile drain inlet or the ordinary high water level of a stream, river, lake, pond, wetland, or flowage;
C. within 200 feet from a sinkhole, exposed bedrock, or known underground cave;
D. within 200 feet from any private water supply well or 1,000 feet from any public water supply well;
E. within 200 feet from a place of habitation, unless written permission to spread soil closer is obtained from the owner of the place of habitation, or 500 feet from a residential development or recreational area; and
F. within 200 feet from property lines, unless written permission to spread soil closer is obtained from the adjacent land owner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.1000** Criteria for Land Treatment Sites {#sec-7037.1000 omnilex-key=us-mn-regs-official--agency-167--7037.1000}
**Subpart 1. Operational limits.**
To be operated as a land treatment site under this chapter, a site must operate within the following criteria:
A. no more than 1,500 cubic yards of petroleum contaminated soil may be accepted for treatment;
B. no other land treatment site currently in operation or that has been operated within the past five years may be located within a radius of one-quarter mile, unless the total volume of the proposed land treatment site and any land treatment site within a one-quarter mile radius is less than 1,500 cubic yards; and
C. spreading or storage of petroleum contaminated soil may only occur until November 1 of the year following the date of the first letter of approval issued under part 7037.1300.
**Subp. 2. Filter strips.**
A land treatment site must have a downgradient filter strip with a minimum width of 50 feet if the land treatment site is within 500 feet of any of the following:
A. the ordinary high water level of either a trout stream designated by the Department of Natural Resources Commissioner's Order No. 2294 or a trout lake designated by the Department of Natural Resources Commissioner's Order No. 2443;
B. the ordinary high water level of any outstanding resource value water as defined in part 7050.0255, subpart 27; and
C. any intermittent stream, drainage ditch, or tile drainage inlet which directly outlets to a trout stream, trout lake, or outstanding resource value water, as referenced in this subpart. The filter strip must otherwise be designed according to, or equivalent to, Soil Conservation Service standard 393 (USDA-SCS-MN, April 1986).
**Subp. 3. Run-on prevention.**
A land treatment site must have adequate controls to minimize run-on. If necessary, the owner or operator shall take measures to minimize run-on, including construction of a diversion upgradient of the land treatment site that is designed according to, or equivalent to, Soil Conservation Service standard 362 (USDA-SCS-MN, July 1989) or cropping of the land upgradient of the treatment site prior to spreading and incorporation of petroleum contaminated soil.
**Subp. 4. Slope.**
No portion of a land treatment site may have a slope greater than six percent.
**Subp. 5. Treatment zone characteristics.**
The treatment zone at a proposed land treatment site must meet the technical criteria of items A and B.
A. The native soil must meet the criteria in the following table for minimum organic matter concentration in the upper eight inches of native soil and minimum total thickness of soil within the treatment zone with the specified permeability. The native soil characteristics must be determined using the method given in parts 7037.3200 and 7037.3300. The total thickness of soil with the specified permeability is a sum of the thicknesses of the layers or horizons of soil with the specified permeability within the treatment zone.
B. The land must be capable of being tilled.
**Subp. 6. Storage areas.**
A storage area at a proposed land treatment site must not be located in the area prohibited for land treatment sites as provided in part 7037.0900. A storage area must be established on a location that meets the criteria for land treatment sites as provided in subparts 2 to 4, and the location must either have a native soil that meets the criteria of subpart 5, item A, or be established on an impervious surface or a synthetic liner of 40 mil thickness or greater.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914; 41 SR 545*
##### **Minn. R. 7037.1100** Approval Procedures for Land Treatment Sites {#sec-7037.1100 omnilex-key=us-mn-regs-official--agency-167--7037.1100}
**Subpart 1. Application for approval of a land treatment site.**
An applicant who seeks approval of a land treatment site must furnish the information specified in part 7037.1200 on a form prescribed by the commissioner. The application must be signed by the owner and operator of the proposed land treatment site.
**Subp. 2. Incomplete applications.**
The commissioner shall review all applications for completeness. If the application is incomplete, the commissioner shall promptly inform the applicant of the deficiency or deficiencies. The commissioner shall suspend further processing of the application until the applicant has provided the required information.
**Subp. 3. Approval.**
The commissioner shall issue letters of approval for sites that are found to meet the criteria established in parts 7037.0900 and 7037.1000. A letter of approval constitutes a finding by the commissioner that the site can be operated in compliance with this chapter. Approval by the commissioner does not release the applicant from any duty to comply with applicable federal, state, or local government statutes, rules, or ordinances, including the requirements established in this chapter.
**Subp. 4. Denial of approval.**
The commissioner shall deny letters of approval for sites that do not meet the criteria established in parts 7037.0900 and 7037.1000. If the commissioner denies a letter of approval but finds that the site could be operated in compliance with chapters 7035, 7050, and 7060 if enforceable conditions were established in a permit, the commissioner shall inform the applicant that the applicant may apply for a solid waste management permit under parts 7001.0010 to 7001.0210 and chapter 7035. If the commissioner finds that no conditions could be established that would enable the site to operate in compliance with chapters 7035, 7050, and 7060, the commissioner shall notify the applicant of the commissioner's intent to deny the application and afford the applicant the opportunity to request a contested case hearing as provided in part 7000.1800.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 17 SR 2914; 19 SR 1310*
##### **Minn. R. 7037.1200** Application Requirements for Land Treatment Sites {#sec-7037.1200 omnilex-key=us-mn-regs-official--agency-167--7037.1200}
**Subpart 1. Land treatment site background information.**
The application must contain the following information:
A. name, business name, address, and telephone number for the following persons:
B. legal description of the real property where the land treatment site is proposed, including quarter section, section, township, range, town or city name, and county; and
C. area of land proposed for land treatment in square feet or in acres to the nearest one-tenth acre.
**Subp. 2. Land treatment site and native soil characterization.**
The applicant shall demonstrate that the land treatment site meets the requirements of parts 7037.0900 and 7037.1000 and that the petroleum contaminated soil storage area meets the requirements of part 7037.1000, subpart 6. The application must include the information in items A to I.
A. A Natural Resources Conservation Service soil survey map if the real property where the land treatment site is proposed is located within a county where a soil survey has been conducted. If the property containing the proposed land treatment site has not been mapped by the Natural Resources Conservation Service, an applicant shall submit a comparable map prepared by a soil scientist with mapping experience based on an on-site investigation. The map must show the borders of the land treatment site and the storage areas for petroleum contaminated soil.
B. Information pertaining to the land treatment site and petroleum contaminated soil storage areas obtained from a Natural Resources Conservation Service soil survey report, Natural Resources Conservation Service soil interpretation records, or on-site investigation by a soil scientist, including:
C. A map of the land treatment site, petroleum contaminated soil storage areas, and surrounding area within one-quarter mile of the site. The map must be drawn to a scale not greater than 200 feet per inch and must show the general topography with contours and drainage patterns and the following features, if present:
D. A map of the tile drainage system, if present, showing the borders of the land treatment site and storage areas for petroleum contaminated soil.
E. A list of the land treatment sites under item C, subitem (11), with corresponding volumes of petroleum contaminated soil treated at each land treatment site.
F. Information pertaining to the existence of filter strips, if required under part 7037.1000, subpart 2.
G. Information pertaining to run-on prevention, as described in part 7037.1000, subpart 3.
H. A description of any previous use of the land treatment site for treatment or disposal of wastes.
I. A copy of a county plat map or comparable map which provides clear road directions to the land treatment site.
**Subp. 3. Local government notification.**
An applicant shall furnish a copy of the application to the county auditor or other person designated by the county board to receive notifications; the city clerk or other person designated by the city council to receive notifications; in the case of towns, the town clerk or town chair as determined by resolution of the town board; and in the case of tribal-owned or Indian-owned land within a reservation, the appropriate official of the tribal authority. An applicant shall provide the commissioner with documentation that the appropriate local government officials have been notified that an application will be submitted to the commissioner for approval of the proposed land treatment site in accordance with the following:
A. signatures of the appropriate local government officials on the application form acknowledging notification; or
B. submittal of a copy of the certified mail return receipt that was sent to the applicant by the appropriate local government officials in response to receiving the application by certified mail.
**Subp. 4. Border marking.**
At the time an application to land treat petroleum contaminated soil is submitted to the commissioner, the borders of the proposed land treatment site must be marked on all corners and midway between all corners using conspicuous stakes or flags.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914; L 2015 c 21 art 1 s 109*
##### **Minn. R. 7037.1300** Approval Procedures for Land Treatment of Batches of Petroleum Contaminated Soil at Approved Land Treatment Sites and Facilities {#sec-7037.1300 omnilex-key=us-mn-regs-official--agency-167--7037.1300}
**Subpart 1. In general.**
Subparts 2 to 4 address the process for obtaining a letter of approval to land treat a batch of petroleum contaminated soil at approved land treatment sites and permitted land treatment facilities. An applicant who seeks approval to land treat a batch of petroleum contaminated soil at an approved land treatment site or a permitted land treatment facility shall furnish the information specified in part 7037.1400 on a form prescribed by the commissioner. The application must be signed by the generator and the owner and operator of the approved land treatment site or facility where the petroleum contaminated soil is proposed to be land treated. No person shall land treat petroleum contaminated soil without obtaining the letter of approval required by this part.
**Subp. 2. Incomplete applications.**
The commissioner shall review all applications for completeness. If the application is incomplete, the commissioner shall promptly inform the applicant of the deficiency or deficiencies. The commissioner shall suspend further processing of the application until the applicant has provided the required information.
**Subp. 3. Approval.**
The commissioner shall issue letters of approval for treatment of batches of petroleum contaminated soil. A letter of approval for land treatment of a batch of petroleum contaminated soil at a land treatment site constitutes a finding by the commissioner that the batch can be treated in compliance with this chapter at the proposed site. A letter of approval for land treatment of a batch of petroleum contaminated soil at a land treatment facility constitutes a finding by the commissioner that the batch can be treated in compliance with the solid waste management facility permit for the facility. Approval by the commissioner does not release the applicant from any duty to comply with applicable federal, state, or local government statutes, rules, or ordinances, including the requirements established under this chapter or a solid waste management permit issued under chapter 7035.
**Subp. 4. Denial of approval.**
The commissioner shall deny approval of an application for a letter of approval if acceptance of the batch of petroleum contaminated soil would cause a land treatment site to operate in violation of the limitations established in part 7037.1000 or other operating requirement established in parts 7037.1500 to 7037.2700, or cause a land treatment facility to violate a condition established in its solid waste management facility permit. The commissioner shall notify the applicant of the commissioner's intent to deny the application and afford the applicant the opportunity to request a contested case hearing as provided in part 7000.1800.
**History**
- *Statutory Authority: MS s 14.06; 116.07*
- *History: 17 SR 2914; 19 SR 1310*
##### **Minn. R. 7037.1400** Application Requirements to Land Treat a Batch of Petroleum Contaminated Soil {#sec-7037.1400 omnilex-key=us-mn-regs-official--agency-167--7037.1400}
**Subpart 1. Land treatment site information.**
The application to land treat a batch of petroleum contaminated soil at an approved land treatment site or permitted facility must include the following information:
A. name, business name, address, and telephone number for the following persons:
B. legal description of the approved land treatment site or facility, including quarter section, section, township, range, town or city name, and county;
C. total volume of all petroleum contaminated soil, in cubic yards, from other releases currently stored or previously spread at the land treatment site or facility;
D. area of the plot proposed for the batch of petroleum contaminated soil, in square feet or in acres to the nearest one-tenth acre; and
E. a map of the land treatment site, drawn to a scale not greater than 50 feet per inch, which shows the following:
**Subp. 2. Petroleum contaminated soil information.**
The application to land treat a batch of petroleum contaminated soil at an approved land treatment site or permitted facility must include the following information:
A. the name of the generator, business name, address, and county for the release site from which the petroleum contaminated soil originated;
B. agency release site identification number, if the release is from a petroleum storage tank;
C. volume of petroleum contaminated soil, in cubic yards, to be land treated;
D. proposed spreading thickness, in inches;
E. projected dates of spreading and incorporating the petroleum contaminated soil; and
F. analytical results for samples of the petroleum contaminated soil taken and analyzed required in part 7037.0500, including copies of laboratory reports and chain of custody forms.
**Subp. 3. Soil nutrient information.**
An applicant shall furnish a description of the nutrient status of the land treatment plot. This description must contain the information required under part 7037.3600.
**Subp. 4. Local government notification.**
An applicant shall furnish a copy of the information required in subparts 2 to 4 to the appropriate local government officials listed under part 7037.1200, subpart 3, at the same time or prior to submittal of the information to the commissioner.
**Subp. 5. Border marking.**
At the time an application to land treat a batch of petroleum contaminated soil is submitted to the commissioner, the borders of the proposed plot must be marked on all corners and midway between all corners using conspicuous stakes or flags.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.1500** Operational Requirements for Approved Land Treatment Sites; Scope {#sec-7037.1500 omnilex-key=us-mn-regs-official--agency-167--7037.1500}
Following issuance of the approval required under part 7037.1300, the owner and operator of a land treatment site shall comply with the operational requirements established in parts 7037.1600 to 7037.2700.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.1600** Storage of Petroleum Contaminated Soil {#sec-7037.1600 omnilex-key=us-mn-regs-official--agency-167--7037.1600}
**Subpart 1. Storage on a plot.**
An owner or operator may store petroleum contaminated soil for up to ten days without run-off controls within an approved land treatment plot. After ten days an owner or operator shall spread the batch of petroleum contaminated soil in accordance with part 7037.2300 or take measures to control run-off as provided in items A and B:
A. covering with a tarpaulin, reinforced plastic which is at least six mils thick, or unreinforced plastic which is at least ten mils thick; or
B. placing on the perimeter of the stockpile either straw bales or silt dams made of a geotextile material and secured with stakes.
**Subp. 2. Storage at a storage area.**
An owner or operator may store petroleum contaminated soil at a storage area that meets the criteria of part 7037.1000, subpart 6, if run-off is controlled as described in subpart 1, item A.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.1700** Dates and Climatic Conditions for Soil Spreading {#sec-7037.1700 omnilex-key=us-mn-regs-official--agency-167--7037.1700}
Petroleum contaminated soil may be spread only when the surface soil is not frozen, is free of snow and ponded water, and is otherwise capable of being tilled. Spreading must not be done before April 1 or after November 1.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.1800** Petroleum Loading Limitations {#sec-7037.1800 omnilex-key=us-mn-regs-official--agency-167--7037.1800}
**Subpart 1. In general.**
The loading of petroleum contaminated soil on a native soil may not exceed a spreading thickness of four inches, or 540 cubic yards per acre. Subparts 2 to 5 provide the maximum amounts of petroleum contaminated soil that may be spread based on the following factors: the type of petroleum released; the contaminant level of the petroleum contaminated soil; and the treatment zone characteristics under part 7037.1000, subpart 5, item A. If a batch of petroleum contaminated soil contains gasoline and a petroleum type other than gasoline then the more stringent of the requirements of subpart 2 or 3 must be followed.
**Subp. 2. Gasoline contaminated soil.**
The following table lists the maximum allowable levels of gasoline contamination in petroleum contaminated soil which may be spread at a land treatment site at a spreading thickness of four inches.
In this table "NA" means that petroleum contaminated soil may not be spread under the specified conditions. "Minimum thickness of suitable soil" means the total soil thickness within the treatment zone having a permeability as listed in this table. Petroleum concentrations are based on average total petroleum hydrocarbon concentration in the soil determined by the sampling and analysis procedures of part 7037.0500, subparts 1 and 2.
**Subp. 3. Contaminated soil characterized as fuel oil.**
Where the contamination is characterized as total petroleum hydrocarbons as fuel oil, the following table lists the maximum allowable levels of contamination in petroleum contaminated soil which may be spread at a land treatment site at a spreading thickness of four inches.
In this table "NA" means that petroleum contaminated soil may not spread under the specified conditions. "Minimum thickness of suitable soil" means the total soil thickness within the treatment zone having a permeability as listed in this table. Petroleum concentrations are based on average total petroleum hydrocarbon concentration in the soil determined by the sampling and analysis procedures of part 7037.0500, subparts 1 and 2.
**Subp. 4. Spreading thickness adjustments.**
Petroleum contaminated soil with contaminant levels that exceed the listed levels in subparts 2 and 3 may be spread if done at thinner spreading thicknesses which result in an equivalent or a lower petroleum loading level than those listed in the table. To determine the acceptable spreading thicknesses for petroleum contaminated soil that exceeds the listed levels in subparts 2 and 3, part 7037.3500 must be used.
**Subp. 5. Petroleum contaminated soil containing lead.**
Petroleum contaminated soil with a total lead level greater than 300 parts per million must be spread at a thickness that assures lead levels in the mixture of petroleum contaminated soil and native soil after incorporation to be below 300 parts per million. To determine final projected lead levels in the mixture of soil, prior to soil spreading the owner or operator shall collect a composite soil sample of the upper eight inches of the native soil as described in part 7037.3200, subpart 1, and analyze the sample for total lead as described in part 7037.3100, subpart 1.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.1900** Prohibition of Mixing or Repeated Use {#sec-7037.1900 omnilex-key=us-mn-regs-official--agency-167--7037.1900}
Petroleum contaminated soil originating from separate releases must not be combined or spread on the same plot. Plots within an approved land treatment site previously used for land treatment of petroleum contaminated soil may not receive repeat applications of petroleum contaminated soil. Individual plots within an approved land treatment site must be separated by a minimum of two feet to prevent mixing of separate batches of spread petroleum contaminated soil.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2000** Maintenance of Border Marking {#sec-7037.2000 omnilex-key=us-mn-regs-official--agency-167--7037.2000}
The border markings established at the land treatment site under parts 7037.1200, subpart 4, and 7037.1400, subpart 5, must remain in place during spreading of the contaminated soil and until all follow-up monitoring requirements are fulfilled under part 7037.2700.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2100** Removal of Large Rocks and Debris {#sec-7037.2100 omnilex-key=us-mn-regs-official--agency-167--7037.2100}
Rocks larger than four inches in diameter and debris must be removed from petroleum contaminated soil prior to incorporation into the native soil. Debris includes pieces of plastic, bricks, metal, and wood.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2200** Fertilizer Application {#sec-7037.2200 omnilex-key=us-mn-regs-official--agency-167--7037.2200}
**Subpart 1. Conditions.**
A native soil must be evaluated to determine if nutrient addition is required if the petroleum loading level exceeds the loading level resulting from the application of petroleum contaminated soil with an average total petroleum hydrocarbon concentration of 2,000 parts per million to be spread at a thickness of four inches, or an equivalent petroleum loading level at a thinner spreading thickness. To make the required evaluation, the owner or operator shall follow the method established in part 7037.3600. If part 7037.3600 specifies that fertilizer is required, the owner or operator shall add fertilizer at the rate specified in part 7037.3600. The commissioner shall grant an exemption to the maximum fertilizer rates under part 7037.3600 if the owner or operator submits documentation which indicates that lack of nutrients may be limiting petroleum biodegradation. This documentation must include the results of a nutrient evaluation as given in subpart 2 and soil monitoring results as given in part 7037.2700.
**Subp. 2. Application methods and timing.**
If fertilizer is to be applied to the land treatment site for the purpose of biodegradation of added petroleum contaminated soil, it must be broadcast to assure as uniform an application as possible. Fertilizers may be applied in a single application or in smaller, multiple applications during the required dates and conditions given for soil spreading under part 7037.1700. Fertilizers must be incorporated into the native soil within ten days of application.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2300** Spreading and Incorporation of Petroleum Contaminated Soil {#sec-7037.2300 omnilex-key=us-mn-regs-official--agency-167--7037.2300}
Petroleum contaminated soil must be spread uniformly. Petroleum contaminated soil must be incorporated into the upper four to six inches of native soil as soon as feasible but no longer than 48 hours after spreading. In order to minimize soil moisture loss and volatile loss of the petroleum contaminants, initial incorporation must be conducted only to the degree that most soil clods are broken up and petroleum contaminated soil and native soil mixing occurs. For most land treatment applications, one or two passes with a tillage implement will result in adequate incorporation during a single tillage cycle.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2400** Tillage {#sec-7037.2400 omnilex-key=us-mn-regs-official--agency-167--7037.2400}
Unless the plot has been seeded to a crop, tillage of the soil following the initial incorporation must be done in monthly cycles, excluding the period from November 1 to April 1, until all soil monitoring samples taken under part 7037.2700 are less than ten parts per million total petroleum hydrocarbons or until a minimum of four tillage cycles have been done, whichever is first. Tillage of the soil must be delayed until the soil moisture is increased if the soil lacks moisture such that tillage would cause wind erosion or decreased microbial activity.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2500** Cropping {#sec-7037.2500 omnilex-key=us-mn-regs-official--agency-167--7037.2500}
Following the initial incorporation of petroleum contaminated soil into the native soil under part 7037.2300, the plot may be seeded to a crop. No root crops or crops for direct human consumption may be grown during the period of time when soil monitoring under part 7037.2700 is performed. If seeding is delayed, the tillage schedule given in part 7037.2400 must be followed until seeding can be done.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2600** Notification of Soil Spreading {#sec-7037.2600 omnilex-key=us-mn-regs-official--agency-167--7037.2600}
**Subpart 1. In general.**
An owner or operator shall furnish the information specified in subpart 2 to the commissioner on a form prescribed by the commissioner, within ten days after spreading a batch of petroleum contaminated soil.
**Subp. 2. Notification information.**
The following information must be submitted:
A. name, business name, address, and telephone number for the following persons:
B. legal description of the approved land treatment site, including quarter section, section, township, range, town or city name, and county;
C. the generator, business name, address, and county for the release site from which the petroleum contaminated soil originated;
D. agency release site identification number, if the release is from a petroleum storage tank;
E. area of land used for land treatment of the batch of petroleum contaminated soil, in square feet or in acres to the nearest one-tenth acre;
F. volume of the batch of petroleum contaminated soil spread at the land treatment site, in cubic yards;
G. average spreading thickness, in inches;
H. dates of spreading and incorporating the petroleum contaminated soil; and
I. a land treatment site map as described in part 7037.1400, subpart 1, item E, showing the actual plot area used for the batch of petroleum contaminated soil.
**Subp. 3. Local government notification.**
An applicant shall furnish a copy of the information required in subpart 2 to the appropriate local government officials listed under part 7037.1200, subpart 3, at the same time or prior to submittal of the information to the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2700** Monitoring and Reporting Requirements {#sec-7037.2700 omnilex-key=us-mn-regs-official--agency-167--7037.2700}
**Subpart 1. In general.**
An owner or operator shall sample the soil following the spreading and incorporation of a batch of petroleum contaminated soil in accordance with the practices of subparts 2 to 4. The monitoring information that must be submitted to the commissioner is given in subpart 5.
**Subp. 2. Sampling procedures.**
Soil samples must be composite samples collected within a plot from the surface to a depth of eight inches using the procedures described in part 7037.3400. The minimum number of composite samples collected from the upper eight inches is based on the volume of the batch of petroleum contaminated soil actually spread and must follow the table in part 7037.2900, subpart 1, item A.
**Subp. 3. Frequency of sampling.**
Monitoring of a plot in the year of spreading must be done at the times specified in the following table, until all soil analytical results in a single sampling round are ten parts per million total petroleum hydrocarbons or less.
Monitoring in subsequent years must continue for those plots in which all soil analytical results are not ten parts per million total petroleum hydrocarbons or less. These sampling events must be done in June, August, and October.
**Subp. 4. Analysis.**
Soil samples must be analyzed for total petroleum hydrocarbons, according to the methods under part 7037.3100, subpart 2, item C or D. The owner or operator shall analyze for additional compounds if requested by the commissioner. The commissioner shall request analysis for additional compounds if the commissioner determines that additional analysis is necessary to protect the public health and environment.
**Subp. 5. Submittal of monitoring information.**
Within 30 days of receipt of laboratory results for the soil samples, the owner or operator shall submit the information specified in items A to F to the commissioner on a form prescribed by the commissioner:
A. name, business name, address, and telephone number for the following persons:
B. legal description of the approved land treatment site, including quarter section, section, township, range, town or city name, and county;
C. the generator, business name, address, and county for the release site from which the petroleum contaminated soil originated;
D. agency release site identification number, if the release is from a petroleum storage tank;
E. soil management practices since the spreading of the soil or the most recent monitoring event. This includes either documentation of the crops that were planted and the seeding date or a list of the dates that tillage was done; and
F. analytical results for soil samples taken, including copies of laboratory reports and chain of custody forms.
**Subp. 6. Local government notification.**
An applicant shall furnish a copy of the information required in subpart 5 to the appropriate local government officials listed under part 7037.1200, subpart 3, at the same time or prior to submittal of the information to the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2800** Methodology and References; Scope {#sec-7037.2800 omnilex-key=us-mn-regs-official--agency-167--7037.2800}
Parts 7037.2900 to 7037.3600 establish the methodologies that must be used when making the determinations required under this chapter, including methods of sampling and analysis. Part 7037.3700 incorporates by reference the documents referenced in this chapter.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.2900** Collection of Grab Samples of Petroleum Contaminated Soil {#sec-7037.2900 omnilex-key=us-mn-regs-official--agency-167--7037.2900}
**Subpart 1. Soil samples collected from stockpiles.**
Grab soil samples collected from a batch of stockpiled petroleum contaminated soil must be collected as described in items A and B.
A. The number of grab samples from a batch of stockpiled petroleum contaminated soil that must be collected is based on the volume of petroleum contaminated soil, as follows:
B. Each soil sample must be collected from a freshly exposed portion of the interior of the stockpile, taken no closer than one foot from the exterior surface of the stockpile. Cross-contamination of soil samples must be prevented by using clean disposable gloves and other clean sampling utensils at each point that a sample is collected. Soil samples must be preserved prior to analysis using either chemical preservation, if required for the particular laboratory method as described in the laboratory methods referenced in part 7037.3100, or storage at a temperature of four degrees Celsius or colder.
**Subp. 2. Soil samples collected from borings.**
Grab soil samples collected from borings must be collected as described in items A and B.
A. A minimum of two grab samples must be collected from a minimum of two different soil borings. If the estimated volume of soil to be excavated exceeds 500 cubic yards, then the number of samples must follow the table under subpart 1, item A.
B. Samples must be collected from portions of the borings that represent soil that will be excavated or proposed to be excavated. The methods given in subpart 1, item B, for preventing cross-contamination and for preserving samples must be followed.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.3000** Collection of Composite Samples of Petroleum Contaminated Soil {#sec-7037.3000 omnilex-key=us-mn-regs-official--agency-167--7037.3000}
**Subpart 1. Soil samples collected from stockpiles.**
For contaminant parameters for which a composite sample is required, a single composite sample is required. To take a composite sample, 15 samples must be collected from randomly selected locations within the stockpile and placed in a clean container, mixed thoroughly, and a single subsample removed of sufficient quantity for analysis for the required parameter or parameters.
**Subp. 2. Soil samples collected from borings.**
For contaminant parameters for which a composite sample is required, a single composite sample is required. To take a composite sample, 15 samples must be collected from randomly selected locations from portions of the borings that represent soil that will be excavated or proposed to be excavated and placed in a clean container, mixed thoroughly, and a single subsample removed of sufficient quantity for analysis for the required parameter or parameters.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.3100** Analysis of Petroleum Contaminated Soil Samples {#sec-7037.3100 omnilex-key=us-mn-regs-official--agency-167--7037.3100}
**Subpart 1. General requirements.**
All petroleum contaminated soil samples must be analyzed using a United States Environmental Protection Agency approved laboratory method or equivalent, unless an alternative method is specified in subpart 2.
**Subp. 2. Specific analysis requirements.**
Specific laboratory analysis requirements are given in items A to E for selected parameters.
A. Analysis for the parameters of parameter code A in part 7037.0500, subpart 2, must be done using purge-and-trap laboratory methodology in conjunction with EPA method 8010, Minnesota Department of Health method 466A, or an equivalent gas chromatography method.
B. Analysis for the parameters of parameter code B in part 7037.0500, subpart 2, must be done using purge-and-trap laboratory methodology in conjunction with EPA method 8020 or an equivalent gas chromatography method.
C. Total petroleum hydrocarbons as gasoline, code D in part 7037.0500, subpart 2, must be done using the Wisconsin Department of Natural Resources Modified Gasoline Range Organics (GRO) method.
D. Total petroleum hydrocarbons as fuel oil, code E in part 7037.0500, subpart 2, must be done using the Wisconsin Department of Natural Resources Modified Diesel Range Organics (DRO) method.
E. PCBs, code H in part 7037.0500, subpart 2, must be done using EPA method 8080 or an equivalent gas chromatography method.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.3200** Collection of Native Soil Samples {#sec-7037.3200 omnilex-key=us-mn-regs-official--agency-167--7037.3200}
**Subpart 1. Native soil samples.**
Samples collected from the native soil for determining the concentration of organic matter, extractable phosphorus, and lead must be composite samples. A minimum of one composite sample is necessary for a three-acre area. To take a composite sample, all surface litter must be scraped off and cores of the surface soil must be taken to a depth of eight inches at 15 randomly selected locations within the proposed land treatment site area. The cores must be placed in a clean container, mixed thoroughly, and a single subsample removed of sufficient quantity for analysis of the required parameter or parameters. The samples must be handled and prepared for analysis in accordance with the procedures recommended by the soil testing laboratory to be used.
**Subp. 2. Samples for determining native soil permeability.**
A. Each soil horizon within the treatment zone must be characterized for soil permeability.
B. Determination of permeability of the native soil must be done at a minimum of one representative location of the land treatment site.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.3300** Characterization of Native Soil {#sec-7037.3300 omnilex-key=us-mn-regs-official--agency-167--7037.3300}
**Subpart 1. Organic matter concentration.**
Organic matter concentration in a native soil must be determined using a method in one of the following references:
A. Recommended Chemical Soil Test Procedures for the North Central Region, Bulletin No. 499, October 1988, issued by the North Dakota State University Agricultural Experiment Station, Fargo, North Dakota.
B. Methods of Soil Analysis, Part 2--Chemical and Microbiological Properties (Second edition), edited by A.L. Page, et al., issued by the American Society of Agronomy as Agronomy Monograph Number 9, Madison, Wisconsin, 1982.
**Subp. 2. Extractable phosphorus concentration.**
If the extractable phosphorus concentration of a native soil is to be determined, this must be determined as given in the references in subpart 1.
**Subp. 3. Soil permeability.**
Soil permeability must be reported as one of the following ranges in units of inches per hour: more than 6, 2.0 to 6, 0.6 to 2.0, or less than 0.6. If the native soil at the land treatment site is mapped in a Natural Resources Conservation Service soil survey, the soil permeability information in the soil survey or Natural Resources Conservation Service soil interpretation records may be used. If the information is not available, then the soil permeability must be determined using one of the methods in items A to C.
A. Soil texture, as obtained or determined under subpart 4, may be used to estimate the soil permeability as given in the following table for United States Department of Agriculture textural classifications and permeabilities:
B. Determination in a laboratory using undisturbed soil samples as outlined in chapter 28, Hydraulic Conductivity and Diffusivity: Laboratory Methods, in Methods of Soil Analysis, Part 1--Physical and Mineralogical Methods (Second edition), edited by Arnold Klute, issued by the American Society of Agronomy as Agronomy Monograph Number 9, Madison, Wisconsin, 1986.
C. Determination by direct measurement in the field as outlined in chapter 29, Hydraulic Conductivity of Saturated Soils: Field Methods, in Methods of Soil Analysis, Part 1--Physical and Mineralogical Methods (Second edition), edited by Arnold Klute, issued by the American Society of Agronomy as Agronomy Monograph Number 9, Madison, Wisconsin, 1986.
**Subp. 4. Soil texture.**
If the native soil at the land treatment site is mapped in a Natural Resources Conservation Service soil survey, the United States Department of Agriculture soil textural information in the soil survey or Natural Resources Conservation Service soil interpretation records may be used. If such information is not available, then the soil texture must be determined using one of the following references:
A. Chapter 15, Particle-size Analysis, in Methods of Soil Analysis, Part 1--Physical and Mineralogical Methods (Second edition), edited by Arnold Klute, issued by the American Society of Agronomy as Agronomy Monograph Number 9, Madison, Wisconsin, 1986.
B. Soil Survey Laboratory Methods and Procedures for Collecting Soil Samples, issued by the Soil Conservation Service as Soil Survey Investigations Report 1 (revised), Washington, D.C., United States Government Printing Office, 1972.
**Subp. 5. Seasonal high water table.**
The depth to the seasonal high water table must be obtained or determined as described in items A and B:
A. The depth to the seasonal high water table for many specific soil series in Minnesota can be found in Natural Resources Conservation Service soil surveys or Natural Resources Conservation Service soil interpretation records. Where the depth to the seasonal high water table is given as a range, the actual depth shall be considered as the average of the range.
B. Determination of the depth at which any one of the following is present below the topsoil as the result of saturated conditions:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914; L 2015 c 21 art 1 s 109*
##### **Minn. R. 7037.3400** Collection of Soil Monitoring Samples {#sec-7037.3400 omnilex-key=us-mn-regs-official--agency-167--7037.3400}
Prior to sample collection, the plot must be divided up into separate equal-sized subplots. The number of subplots is the total number of composite samples required, as given in part 7037.2700, subpart 2. A composite sample must be collected from each subplot as follows: all surface litter must be scraped off, cores of the surface soil must be taken to a depth of eight inches at 15 randomly selected locations within the subplot and placed in a clean plastic bag, mixed thoroughly, and a single subsample removed of sufficient quantity for analysis of the required parameter or parameters. This plastic bag must be kept sealed when samples are not added to it. Once the composite sample is collected, the sample must be preserved for laboratory analysis as described in part 7037.2900, subpart 1, item B.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.3500** Spreading Thickness and Land Area Calculations {#sec-7037.3500 omnilex-key=us-mn-regs-official--agency-167--7037.3500}
**Subpart 1. Spreading thicknesses.**
The formula for determining the acceptable spreading thicknesses for petroleum contaminated soil that exceeds the contaminant levels in part 7037.1800, subparts 2 and 3, is as follows:
In this formula "allowable TPH" refers to the maximum total petroleum hydrocarbon levels listed in part 7037.1800, subparts 2 and 3, and "average TPH in batch of soil" refers to the average total petroleum hydrocarbon level of the batch of petroleum contaminated soil. Both are expressed in parts per million (ppm).
**Subp. 2. Land area.**
The formula for determining the amount of acreage required for land treatment of a known volume of petroleum contaminated soil is as follows:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.3600** Determination of Nutrient Addition for Petroleum Hydrocarbon Biodegradation {#sec-7037.3600 omnilex-key=us-mn-regs-official--agency-167--7037.3600}
**Subpart 1. Nutrient evaluation and addition.**
Nutrient requirements are determined as described in items A and B:
A. Minimum nitrogen addition to a land treatment plot must be based on the calculations and table in this item and is subject to the maximum nitrogen application rates and management requirements under subparts 3 and 4: [(average TPH in batch of soil, ppm) X (spreading thickness, inches) X 0.0128] - [organic matter, percent X 50] = pounds of nitrogen per acre required In this formula "average TPH in batch of soil" refers to the average total petroleum hydrocarbon level of the batch of petroleum contaminated soil, expressed as parts per million (ppm); "organic matter, percent" refers to the value obtained or determined as given in part 7037.3300, subpart 1. Nitrogen application rates determined by the above calculation may be reduced depending on the crop grown within the previous year and whether nitrogen fertilizer was added within the previous year, as given in the following table: If the nitrogen application rate as determined under this item is less than 25 pounds of nitrogen per acre, then nitrogen need not be applied.
B. Minimum phosphorus addition to a land treatment plot must be based on the calculation below and previous phosphorous fertilizer additions as given in this item and is subject to the maximum phosphorus application rates and management requirements under subparts 3 and 4: [(average TPH in batch of soil, ppm) X (spreading thickness, inches) X 0.0027] - [phosphorus concentration, ppm X 2] = pounds of phosphorus per acre required In this formula "average TPH in batch of soil" refers to the average total petroleum hydrocarbon level of the batch of petroleum contaminated soil, expressed as parts per million (ppm); "phosphorus concentration" refers to the extractable phosphorus concentration of the native soil as determined under part 7037.3300, subpart 2, and expressed as ppm. If the land treatment site has been soil tested within the last three years for phosphorus, results from the last soil analysis may be used. If the extractable phosphorus concentration is not or has not been conducted, a value of five parts per million shall be used in the above calculation. Phosphorus application rates determined by the above calculation may be reduced by one-half pound for each pound of phosphorus applied within the previous three years. If the phosphorus application rate as determined under this item is less than ten pounds of phosphorus per acre, then phosphorus need not be applied. Phosphorus content of commercial fertilizer is typically listed as phosphate (P2O5). One pound of P2O5 equals 0.44 pounds of phosphorus.
**Subp. 2. Maximum nutrient application rates.**
The maximum rates of nitrogen and phosphorus to be applied in a one-year period are as follows:
The cropping conditions in the above table refer to part 7037.2400.
Nutrient application in subsequent years is not required.
**Subp. 3. Other fertilizer management considerations.**
Additional fertilizer management considerations are as described in items A and B:
A. Timing and methods for fertilizer application are given in part 7037.2200, subpart 2. If fertilizer is applied in separate multiple applications and the monitoring requirements of part 7037.2700 have been met prior to application of the required amount of fertilizer, then the remainder of the fertilizer need not be applied.
B. Acceptable nutrient sources for application include compost, manure, other organic fertilizers, or inorganic fertilizers.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914*
##### **Minn. R. 7037.3700** Incorporations by Reference {#sec-7037.3700 omnilex-key=us-mn-regs-official--agency-167--7037.3700}
**Subpart 1. In general.**
For purposes of this chapter, the documents in subpart 2 are incorporated by reference. They can be found at the Minnesota State Law Library, Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155, or at the addresses indicated. These documents are not subject to frequent change.
**Subp. 2. Referenced standards.**
The documents incorporated by reference in this chapter are listed in items A to G:
A. American Society of Agronomy, 677 South Segoe Road, Madison, Wisconsin 53711.
B. Minnesota Department of Health, Public Health Laboratory Division, 717 Delaware Street Southeast, Minneapolis, Minnesota 55440.
C. Minnesota Department of Natural Resources, 500 Lafayette Road, Saint Paul, Minnesota 55155.
D. North Dakota State University Agricultural Experiment Station, Fargo, North Dakota 58105. Recommended Chemical Soil Test Procedures for the North Central Region Bulletin No. 499 (October 1988).
E. Wisconsin Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.
F. United States Department of Agriculture, Natural Resources Conservation Service, 600 Farm Credit Building, 375 Jackson Street, Saint Paul, Minnesota 55101.
G. United States Government Printing Office, Washington, D.C. 20401.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 2914; L 2015 c 21 art 1 s 109*
## **Chapter 7039** LISTED METALS IN SPECIFIED PRODUCTS
##### **Minn. R. 7039.0010** [Repealed, 30 SR 1130] {#sec-7039.0010 omnilex-key=us-mn-regs-official--agency-167--7039.0010}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0020** [Repealed, 30 SR 1130] {#sec-7039.0020 omnilex-key=us-mn-regs-official--agency-167--7039.0020}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0030** [Repealed, 30 SR 1130] {#sec-7039.0030 omnilex-key=us-mn-regs-official--agency-167--7039.0030}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0040** [Repealed, 30 SR 1130] {#sec-7039.0040 omnilex-key=us-mn-regs-official--agency-167--7039.0040}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0050** [Repealed, 30 SR 1130] {#sec-7039.0050 omnilex-key=us-mn-regs-official--agency-167--7039.0050}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0060** [Repealed, 30 SR 1130] {#sec-7039.0060 omnilex-key=us-mn-regs-official--agency-167--7039.0060}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0070** [Repealed, 30 SR 1130] {#sec-7039.0070 omnilex-key=us-mn-regs-official--agency-167--7039.0070}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0080** [Repealed, 30 SR 1130] {#sec-7039.0080 omnilex-key=us-mn-regs-official--agency-167--7039.0080}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0090** [Repealed, 30 SR 1130] {#sec-7039.0090 omnilex-key=us-mn-regs-official--agency-167--7039.0090}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0100** [Repealed, 30 SR 1130] {#sec-7039.0100 omnilex-key=us-mn-regs-official--agency-167--7039.0100}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0110** [Repealed, 30 SR 1130] {#sec-7039.0110 omnilex-key=us-mn-regs-official--agency-167--7039.0110}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0120** [Repealed, 30 SR 1130] {#sec-7039.0120 omnilex-key=us-mn-regs-official--agency-167--7039.0120}
[Repealed, 30 SR 1130]
##### **Minn. R. 7039.0130** Prohibited Specified Products {#sec-7039.0130 omnilex-key=us-mn-regs-official--agency-167--7039.0130}
No person may distribute the following specified products for sale or use in Minnesota after August 26, 2002, or the date indicated, whichever is later:
A. traffic marking paints:
B. auto finish paints:
C. inks:
D. other paints:
E. sign paints, Akzo Nobel 5170a, lead and lead chromate pigments.
**History**
- *Statutory Authority: MS s 115A.9651*
- *History: 27 SR 261*
## **Chapter 7040** SEWAGE SLUDGE MANAGEMENT
##### **Minn. R. 7040.0100** [Repealed, 21 SR 1642] {#sec-7040.0100 omnilex-key=us-mn-regs-official--agency-167--7040.0100}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.0200** [Repealed, 21 SR 1642] {#sec-7040.0200 omnilex-key=us-mn-regs-official--agency-167--7040.0200}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.0300** [Repealed, 21 SR 1642] {#sec-7040.0300 omnilex-key=us-mn-regs-official--agency-167--7040.0300}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.0400** [Repealed, 21 SR 1642] {#sec-7040.0400 omnilex-key=us-mn-regs-official--agency-167--7040.0400}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.0500** [Repealed, 21 SR 1642] {#sec-7040.0500 omnilex-key=us-mn-regs-official--agency-167--7040.0500}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.0600** [Repealed, 21 SR 1642] {#sec-7040.0600 omnilex-key=us-mn-regs-official--agency-167--7040.0600}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.0700** [Repealed, 21 SR 1642] {#sec-7040.0700 omnilex-key=us-mn-regs-official--agency-167--7040.0700}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.0800** [Repealed, 21 SR 1642] {#sec-7040.0800 omnilex-key=us-mn-regs-official--agency-167--7040.0800}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1500** [Repealed, 21 SR 1642] {#sec-7040.1500 omnilex-key=us-mn-regs-official--agency-167--7040.1500}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1600** [Repealed, 21 SR 1642] {#sec-7040.1600 omnilex-key=us-mn-regs-official--agency-167--7040.1600}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1700** [Repealed, 21 SR 1642] {#sec-7040.1700 omnilex-key=us-mn-regs-official--agency-167--7040.1700}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1800** [Repealed, 21 SR 1642] {#sec-7040.1800 omnilex-key=us-mn-regs-official--agency-167--7040.1800}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1801** [Repealed, 21 SR 1642] {#sec-7040.1801 omnilex-key=us-mn-regs-official--agency-167--7040.1801}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1802** [Repealed, 21 SR 1642] {#sec-7040.1802 omnilex-key=us-mn-regs-official--agency-167--7040.1802}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1803** [Repealed, 21 SR 1642] {#sec-7040.1803 omnilex-key=us-mn-regs-official--agency-167--7040.1803}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1804** [Repealed, 21 SR 1642] {#sec-7040.1804 omnilex-key=us-mn-regs-official--agency-167--7040.1804}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1805** [Repealed, 21 SR 1642] {#sec-7040.1805 omnilex-key=us-mn-regs-official--agency-167--7040.1805}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1806** [Repealed, 21 SR 1642] {#sec-7040.1806 omnilex-key=us-mn-regs-official--agency-167--7040.1806}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1807** [Repealed, 21 SR 1642] {#sec-7040.1807 omnilex-key=us-mn-regs-official--agency-167--7040.1807}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1808** [Repealed, 21 SR 1642] {#sec-7040.1808 omnilex-key=us-mn-regs-official--agency-167--7040.1808}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.1900** [Repealed, 21 SR 1642] {#sec-7040.1900 omnilex-key=us-mn-regs-official--agency-167--7040.1900}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.2000** [Repealed, 21 SR 1642] {#sec-7040.2000 omnilex-key=us-mn-regs-official--agency-167--7040.2000}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.2500** [Repealed, 21 SR 1642] {#sec-7040.2500 omnilex-key=us-mn-regs-official--agency-167--7040.2500}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.2600** [Repealed, 21 SR 1642] {#sec-7040.2600 omnilex-key=us-mn-regs-official--agency-167--7040.2600}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.2700** [Repealed, 21 SR 1642] {#sec-7040.2700 omnilex-key=us-mn-regs-official--agency-167--7040.2700}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.2800** [Repealed, 21 SR 1642] {#sec-7040.2800 omnilex-key=us-mn-regs-official--agency-167--7040.2800}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.2900** [Repealed, 21 SR 1642] {#sec-7040.2900 omnilex-key=us-mn-regs-official--agency-167--7040.2900}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.3000** [Repealed, 21 SR 1642] {#sec-7040.3000 omnilex-key=us-mn-regs-official--agency-167--7040.3000}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.3100** [Repealed, 21 SR 1642] {#sec-7040.3100 omnilex-key=us-mn-regs-official--agency-167--7040.3100}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.4000** [Repealed, 21 SR 1642] {#sec-7040.4000 omnilex-key=us-mn-regs-official--agency-167--7040.4000}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.4100** [Repealed, 21 SR 1642] {#sec-7040.4100 omnilex-key=us-mn-regs-official--agency-167--7040.4100}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.4200** [Repealed, 21 SR 1642] {#sec-7040.4200 omnilex-key=us-mn-regs-official--agency-167--7040.4200}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.4300** [Repealed, 21 SR 1642] {#sec-7040.4300 omnilex-key=us-mn-regs-official--agency-167--7040.4300}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.4400** [Repealed, 21 SR 1642] {#sec-7040.4400 omnilex-key=us-mn-regs-official--agency-167--7040.4400}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.4500** [Repealed, 21 SR 1642] {#sec-7040.4500 omnilex-key=us-mn-regs-official--agency-167--7040.4500}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.4600** [Repealed, 21 SR 1642] {#sec-7040.4600 omnilex-key=us-mn-regs-official--agency-167--7040.4600}
[Repealed, 21 SR 1642]
##### **Minn. R. 7040.4700** [Repealed, 21 SR 1642] {#sec-7040.4700 omnilex-key=us-mn-regs-official--agency-167--7040.4700}
[Repealed, 21 SR 1642]
## **Chapter 7041** SEWAGE SLUDGE MANAGEMENT
##### **Minn. R. 7041.0100** Definitions {#sec-7041.0100 omnilex-key=us-mn-regs-official--agency-167--7041.0100}
**Subpart 1. Scope.**
For the purpose of this chapter, the following terms have the meanings given them.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 3. Agricultural land.**
"Agricultural land" means land on which a food crop, feed crop, cover crop, or fiber crop is grown as well as land managed for the production of hay, pastureland for grazing of livestock, or rangeland.
**Subp. 4. Agronomic rate.**
"Agronomic rate" means the sewage sludge application rate (dry weight basis) designed to:
A. provide the amount of nitrogen which can be utilized by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land; and
B. minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the groundwater.
**Subp. 5. Annual pollutant loading rate.**
"Annual pollutant loading rate" means the maximum amount of a pollutant that can be applied to a unit area of land during a 365-day period.
**Subp. 6. Apply sewage sludge or sewage sludge applied to the land.**
"Apply sewage sludge" or "sewage sludge applied to the land" means applying sewage sludge by spraying or spreading sewage sludge on the surface of the land, injecting sewage sludge below the surface of the land or incorporating sewage sludge into the soil for beneficial use.
**Subp. 7. Available nitrogen.**
"Available nitrogen" means nitrogen which is present in inorganic forms and the amount of organic nitrogen that can be mineralized to plant available forms.
**Subp. 8. Beneficial use.**
"Beneficial use" means any application of sewage sludge to the land to improve soil physical and chemical properties by supplying nutrients, organic matter, and other components of this material.
**Subp. 9. Bulk sewage sludge.**
"Bulk sewage sludge" means sewage sludge that is not sold or given away in a bag or other container for application to the land.
**Subp. 10. Cave.**
"Cave" means any naturally formed, subterranean open area or chamber, or series of chambers.
**Subp. 11. Commissioner.**
"Commissioner" means the commissioner or other designated representative of the Minnesota Pollution Control Agency.
**Subp. 12. Cover crop.**
"Cover crop" means a small grain or other close growing vegetation not grown for harvest such as vegetation growing on land set aside for conservation purposes.
**Subp. 13. Cropping year.**
"Cropping year" means a year beginning on September 1 of the year prior to the growing season and ending August 31 the year the crop is harvested. For example, the 1994 cropping year began September 1, 1993, and ended August 31, 1994.
**Subp. 14. Cumulative pollutant loading rate.**
"Cumulative pollutant loading rate" means the maximum amount of an inorganic pollutant that can be applied to an area of land.
**Subp. 15. Dewatered sewage sludge.**
"Dewatered sewage sludge" means any sewage sludge with a total solids content of 20 percent or greater or which can be transported and handled as a solid material.
**Subp. 16. Domestic septage.**
"Domestic septage" means either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.
**Subp. 17. Domestic sewage.**
"Domestic sewage" means waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works.
**Subp. 18. Dry weight basis.**
"Dry weight basis" means calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass, or essentially 100 percent solids content.
**Subp. 19. EPA.**
"EPA" means the United States Environmental Protection Agency.
**Subp. 20. Exceptional quality sewage sludge.**
"Exceptional quality sewage sludge" means sewage sludge which has been prepared to meet one of the Class A pathogen reduction requirements in part 7041.1300, subpart 2; the pollutant concentrations in part 7041.1100, subpart 4, item C; and one of the vector attraction reduction requirements in part 7041.1400, subpart 2, items A to H.
**Subp. 21. Feed crops.**
"Feed crops" means crops produced primarily for consumption by animals.
**Subp. 22. Food crops.**
"Food crops" means crops consumed by humans. These include, but are not limited to, fruits, vegetables, and tobacco.
**Subp. 23. Forest.**
"Forest" means a tract of land thick with trees and underbrush.
**Subp. 24. Groundwater.**
"Groundwater" means water below the land surface in the saturated zone.
**Subp. 25. Highly permeable soils.**
"Highly permeable soils" means soils whose soil leaching potentials are rated as severe, poor filter for soil pesticide loss, by the Natural Resources Conservation Service using the procedure found in part 620, Soil Interpretation Rating Guides of the United States Department of Agriculture-Natural Resources Conservation Service National Soil Survey Handbook.
**Subp. 26. Industrial wastewater.**
"Industrial wastewater" means wastewater generated in a commercial or industrial process.
**Subp. 27. Land application site.**
"Land application site" means an area of land which receives application of sewage sludge for beneficial use.
**Subp. 28. Long-term storage.**
"Long-term storage" means the storage of dewatered bulk sewage sludge for a period greater than 30 days but not exceeding seven months at a land application site.
**Subp. 29. Material derived from sewage sludge.**
"Material derived from sewage sludge" means sewage sludge received from a treatment works whose quality is changed either through treatment or mixing with a nonhazardous material prior to being applied to the land.
**Subp. 30. Mine.**
"Mine" means an excavation for minerals.
**Subp. 31. NPDES permit.**
"NPDES permit" means a national pollutant discharge elimination system permit issued by the agency that authorizes under certain conditions the discharge of pollutants to surface waters of the state. Combined NPDES/SDS permits issued by the agency will be considered NPDES permits under this chapter.
**Subp. 32. Natural Resources Conservation Service.**
"Natural Resources Conservation Service" means the Natural Resources Conservation Service of the United States Department of Agriculture, formerly known as the Soil Conservation Service.
**Subp. 33. Other container.**
"Other container" means either an open or closed receptacle. This includes, but is not limited to, a bucket, box, carton, or vehicle or trailer with a load capacity of one metric ton (2205 pounds) or less.
**Subp. 34. Pathogens.**
"Pathogens" means organisms that are capable of producing an infection or disease in a susceptible host.
**Subp. 35. Perched water condition.**
"Perched water condition" means the soil is saturated with water in one or more layers within 200 centimeters (78.7 inches) of the mineral soil surface and has one or more unsaturated layers, with an upper boundary above 200 centimeters (78.7 inches) in depth, below the saturated layer. The zone of saturation, i.e., the water table, is perched on top of a relatively impermeable layer. The Natural Resources Conservation Service also classifies this as "epi-saturation."
**Subp. 36. Permitting authority.**
"Permitting authority" means either the EPA or a state with an EPA-approved sewage sludge management program.
**Subp. 37. Person.**
"Person" has the meaning given it in Minnesota Statutes, section 116.06, subdivision 17.
**Subp. 38. Person who prepares sewage sludge.**
"Person who prepares sewage sludge" means the person who generates sewage sludge during the treatment of domestic sewage in a treatment works or the person who derives a material from sewage sludge.
**Subp. 39. pH.**
"pH" means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25 degrees Celsius or measured at another temperature and then converted to an equivalent value at 25 degrees Celsius.
**Subp. 40. Pollutant.**
"Pollutant" means an organic substance, an inorganic substance, a combination of organic and inorganic substances, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the administrator of EPA, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions including malfunction in reproduction, or physical deformations in either organisms or offspring of the organisms.
**Subp. 41. Pollutant limit.**
"Pollutant limit" means a numerical value that describes the amount of a pollutant allowed per unit amount of sewage sludge, such as milligrams per kilogram of total solids, or the amount of a pollutant that can be applied to a unit area of land, such as pounds per acre.
**Subp. 42. Public contact site.**
"Public contact site" means land with a high potential for contact by the public. This includes, but is not limited to, public parks, ball fields, cemeteries, and golf courses.
**Subp. 43. Quarry.**
"Quarry" means a surficial mine used to obtain building stone, limestone, gravel, or sand.
**Subp. 44. Realistic yield goal.**
"Realistic yield goal" means the most recent five-year average of crop yields, excluding the worst year, or the most recent three- to five-year average yield increased by ten percent or if the crop has never been grown, the realistic yield goal based on soil productivity and level of management as determined by the county Natural Resources Conservation Service, county extension agent, or a crop consultant.
**Subp. 45. Reclamation site.**
"Reclamation site" means drastically disturbed land that is reclaimed using sewage sludge. This includes, but is not limited to, strip mines and construction sites.
**Subp. 46. Residential development.**
"Residential development" means ten or more places of habitation concentrated within ten acres of land. The term also includes schools, churches, hospitals, nursing homes, businesses, offices, and apartment buildings or complexes having ten or more living units.
**Subp. 47. SDS permit.**
"SDS permit" means a state disposal system permit issued by the agency that authorizes under certain conditions the subsurface disposal or on-land disposal of pollutants and the operation of a disposal system.
**Subp. 48. Seasonal high water table.**
"Seasonal high water table" means the highest level the water table reaches during a given year. Methods of determining the seasonal high water table are given in part 7041.3400, subpart 3.
**Subp. 49. Sewage sludge.**
"Sewage sludge" means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes but is not limited to, scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Sewage sludge that is acceptable and beneficial for recycling on land as a soil conditioner and nutrient source is also known as biosolids.
**Subp. 50. Short-term storage.**
"Short-term storage" means the storage of dewatered bulk sewage sludge for a period of less than 30 days at a land application site.
**Subp. 51. Sinkhole.**
"Sinkhole" means a closed depression in an area of Karst topography that is formed either by solution of surficial limestone or by collapse of underlying caves.
**Subp. 52. Soil horizon.**
"Soil horizon" means a layer of soil that is approximately parallel to the soil surface and has some set of properties that have been produced by soil-forming processes, and has some properties that are not like those of the layers above and beneath it. These properties include color, structure, texture, consistency, and bulk density.
**Subp. 53. Soil texture.**
"Soil texture" means the relative portion of the soil separates sand, silt, and clay. It can be measured using methods described in part 7041.3400, subpart 1. Coarse texture is United States Department of Agriculture textural classifications sand, loamy sand, and sandy loam. Medium texture is United States Department of Agriculture classifications loam, silt, silt loam, and sandy clay loam. Fine texture is United States Department of Agriculture classifications clay loam, silty clay loam, sandy clay, silty clay, and clay.
**Subp. 54. Specific oxygen uptake rate (SOUR).**
"Specific oxygen uptake rate (SOUR)" means the mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the sewage sludge.
**Subp. 55. Surface waters.**
"Surface waters" means waters of the state including streams, lakes, ponds, marshes, watercourses, waterways, springs, reservoirs, and all other bodies or accumulations of water, natural or artificial, public or private, which are contained within, flow through, or border upon the state.
**Subp. 56. Total solids.**
"Total solids" means the materials in sewage sludge that remain as residue when the sewage sludge is dried at 103 to 105 degrees Celsius.
**Subp. 57. Treatment works.**
"Treatment works" means either a federally owned, publicly owned, or privately owned device or system used to treat, recycle, or reclaim either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature. This includes a septage treatment or septage storage facility which receives domestic septage from multiple sources. For the purpose of this chapter, a treatment works does not include septic tanks unless they are part of a wastewater treatment facility operated by a municipality or sanitary district which is required by the agency to have a NPDES or SDS permit.
**Subp. 58. Type IV certified operator or inspector.**
"Type IV certified operator or inspector" means a person certified according to chapter 7048 for the land application of sewage sludge or the inspection of sewage sludge land application sites.
**Subp. 59. Unstabilized solids.**
"Unstabilized solids" means organic materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process.
**Subp. 60. Vector attraction.**
"Vector attraction" means the characteristic of sewage sludge that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.
**Subp. 61. Volatile solids.**
"Volatile solids" means the amount of the total solids in sewage sludge lost when the sewage sludge is combusted at 550 degrees Celsius in the presence of excess air.
**Subp. 62. Wetland.**
"Wetland" means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must:
A. have a predominance of hydric soils;
B. be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and
C. under normal circumstances, support a prevalence of such vegetation.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.0200** Purpose and Policy {#sec-7041.0200 omnilex-key=us-mn-regs-official--agency-167--7041.0200}
The purpose of this chapter is to establish requirements for the storage and land application of sewage sludge that protect public health and the environment. The policy of the agency is to encourage the beneficial use of sewage sludge as a fertilizer or soil conditioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.0300** Applicability and Exclusions {#sec-7041.0300 omnilex-key=us-mn-regs-official--agency-167--7041.0300}
**Subpart 1. Applicability.**
Except as provided in subpart 2, item I, the requirements of this chapter apply to any person who prepares sewage sludge that is applied to the land, to any person who applies sewage sludge to the land, to sewage sludge applied to the land (including sewage sludge remaining in a treatment works that is a wastewater treatment pond when the pond is emptied or ceases to be used to receive wastewater), and the land on which sewage sludge is applied.
**Subp. 2. Exclusions.**
This chapter does not establish requirements for:
A. processes used to treat domestic sewage or for processes used to treat sewage sludge such as thickening, stabilization, and dewatering prior to final application to the land, except as provided in parts 7041.1300 and 7041.1400. Treatment processes do not include storage;
B. the use or disposal of sludge generated at an industrial facility during the treatment of industrial wastewater, including sewage sludge generated during the treatment of industrial wastewater combined with domestic sewage;
C. the use or disposal of sewage sludge determined to be hazardous according to Code of Federal Regulation, title 40, part 261;
D. the use or disposal of sewage sludge with a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry weight basis);
E. the use or disposal of ash generated during the firing of sewage sludge in a sewage sludge incinerator;
F. the use or disposal of grit, for example, sand, gravel, cinders, or other materials with a high specific gravity, or screenings, for example, relatively large materials such as rags, generated during preliminary treatment of domestic sewage in a treatment works;
G. the use or disposal of sludge generated during the treatment of either surface water or groundwater used for drinking water;
H. a material derived from exceptional quality sewage sludge; and
I. the land application or storage of domestic, commercial, industrial septage, a mixture of domestic septage and commercial septage, or a mixture of domestic septage and industrial septage unless the domestic septage or mixture is generated or stored at a treatment works, in which case it is subject to the requirements of this chapter.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.0400** Exceptional Quality Sewage Sludge {#sec-7041.0400 omnilex-key=us-mn-regs-official--agency-167--7041.0400}
**Subpart 1. Conditions.**
The conditions in subpart 2 for exceptional quality sewage sludge do not apply until they are included in a permit or approved management plan as required in part 7041.0600.
**Subp. 2. General requirements and management practices.**
The general requirements in part 7041.1000 and the management practices in part 7041.1200 do not apply to exceptional quality sewage sludge which is applied to the land, except as follows:
A. the management practices in part 7041.1200, subpart 2, item B, for liquid bulk sewage sludge applied to frozen or snow covered ground apply to liquid bulk exceptional quality sewage sludge; and
B. the total nitrogen, phosphorus, and potassium content must be supplied by the person who prepares the sewage sludge to the person who applies or distributes the sewage sludge for that person's use in recommending application rates.
**Subp. 3. Storage.**
The requirements in part 7041.1200, subpart 8, items D and E, apply to the storage of dewatered bulk exceptional quality sewage sludge on agricultural land, forest, or a reclamation site and the storage must not exceed seven months. Persons who prepare sewage sludge shall inform in writing persons who receive the bulk exceptional quality sewage sludge of these storage requirements.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.0500** Basic Provisions {#sec-7041.0500 omnilex-key=us-mn-regs-official--agency-167--7041.0500}
**Subpart 1. Responsibility.**
Persons who prepare sewage sludge are responsible for ensuring that the applicable requirements in this chapter are met when the sewage sludge is prepared, distributed, or applied to the land.
**Subp. 2. Direct enforceability.**
No person shall use or dispose of sewage sludge through any practice for which requirements are established in this chapter except in accordance with such requirements.
**Subp. 3. Additional or more stringent requirements.**
When necessary to protect the public health or the environment from a potentially adverse effect of a pollutant in sewage sludge, the commissioner may include in a permit or site approval additional or more stringent requirements than established in this chapter.
**Subp. 4. Variance.**
Any person may apply for a variance from requirements of this chapter in accordance with chapter 7000, Minnesota Statutes, section 116.07, subdivision 5, and other applicable statutes and rules; however, the agency shall not grant a variance from any federal requirement.
**Subp. 5.**
[Repealed, L 2012 c 272 s 98]
**Subp. 6.**
[Repealed, L 2012 c 272 s 98]
**Subp. 7.**
[Repealed, L 2012 c 272 s 98]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642; L 2012 c 272 s 98*
##### **Minn. R. 7041.0600** Requirement to Obtain Permits and Site Approval {#sec-7041.0600 omnilex-key=us-mn-regs-official--agency-167--7041.0600}
**Subpart 1. Permits for inclusion of the sewage sludge requirements.**
A NPDES or SDS permit which includes sewage sludge requirements must be applied for and obtained from the agency by persons specified in items A to C. Persons who do not have a permit must apply for and obtain a permit before land applying or distributing sewage sludge for application to the land. Permit application requirements are set out in part 7041.0700.
A. Persons who prepare sewage sludge in Minnesota. For persons who have NPDES or SDS permits issued by the agency, the requirements for sewage sludge shall be incorporated into those permits when they are reissued unless the requirements are included in a separate permit or modification of a permit at the request of a permittee. Information required in part 7041.0700 shall be submitted with an application to obtain, renew, or modify a permit.
B. Persons who prepare sewage sludge in another state which is applied to the land or distributed for application to the land in Minnesota, unless the person who prepares the sewage sludge produces exceptional quality sewage sludge or sewage sludge that is sold or given away in a bag or other container and has a permit issued by another state or EPA which includes the requirements for its preparation. If a permit from the agency is not required, the person who prepares the sewage sludge must obtain written approval of a management plan from the commissioner before the sewage sludge is distributed or applied to the land. The plan must include the information in part 7041.0700, item I. An approved management plan shall be enforceable to the same extent and the same manner as a permit.
C. Persons who prepare sewage sludge which is applied to the land or distributed for application to the land in Minnesota who propose methods to utilize sewage sludge which are not addressed by this chapter.
**Subp. 2. Permits for sewage sludge storage.**
Persons who store bulk sewage sludge or construct storage for bulk sewage sludge at locations other than at a permitted wastewater treatment facility must apply for and obtain a NPDES or SDS permit from the agency prior to storage or construction. Persons who have permits may apply to have their permits modified to include conditions for storage or construction of storage. Permit application requirements are set out in part 7041.0700. A permit is not required for:
A. short-term or approved long-term storage of dewatered bulk sewage sludge at a land application site; or
B. storage of dewatered bulk exceptional quality sewage sludge when:
**Subp. 3. Site approval.**
Persons who prepare bulk sewage sludge must obtain approval of the sites on which bulk sewage sludge is applied before it is applied unless it is exceptional quality sewage sludge. Application procedures are set out in part 7041.0800.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.0700** Application Requirements for Npdes and Sds Permits {#sec-7041.0700 omnilex-key=us-mn-regs-official--agency-167--7041.0700}
The agency's procedural and permitting rules, chapters 7000 and 7001, apply to all permits required by this chapter. In addition to information required by part 7001.1050, permit applications must include the information listed in items A to L, except that items I and J need only be included when applicable, on a form provided by the commissioner. Information in item I is required when exceptional quality sewage sludge or sewage sludge which is sold or given away in a bag or other container is prepared. Item J is required when the application is for storage or construction of a storage facility for bulk sewage sludge.
A. A description of the process used to meet Class A or Class B pathogen and vector attraction reduction requirements, including any information needed to make these determinations including temperatures, retention times, salmonella, virus, and viable helminth data, volatile solids reduction calculations and management practices.
B. Sewage sludge chemical characteristics determined from a sample or samples taken within one year of application submittal, analyzed, at a minimum, for the parameters listed in part 7041.1500, subpart 2, items A to E, unless the sewage sludge is generated from septic tanks in which case an analysis is not necessarily required. The commissioner shall determine and notify the permit applicant if an analysis is required to protect human health or the environment after review of the permit application. In order to make this determination, the permit application must include information on the size and location of the septic tanks and a description of any commercial (such as a restaurant) or industrial discharges to the treatment works.
C. A description of how and when representative samples of sewage sludge applied to the land will be taken.
D. Information necessary to evaluate the laboratory quality assurance and quality control procedures including analytical methods, detection limits, and holding times of the laboratory doing the analysis in item B and the sampling techniques, preservation method, and shipping technique used by the preparer.
E. Any groundwater monitoring data, with a description of the well locations and approximate depth to groundwater for land application sites if this data is not already on file at the agency.
F. A description of the applicant's sewage sludge use, disposal, or distribution practices.
G. The location to which sewage sludge is transferred and the names of applicators, contractors, or distributors who will use or dispose of the sewage sludge, if applicable.
H. Annual sewage sludge production.
I. A management plan that describes how the person who prepares the sewage sludge will ensure that the proposed distribution or land application of the sewage sludge meets the requirements of this chapter. The following items shall be included or addressed in the plan:
J. Information describing storage or construction of storage which includes:
K. Any information required to determine the appropriate standards for permitting under this chapter.
L. Any other information the commissioner may request and reasonably require to assess the sewage sludge land application practices, to determine whether to issue a permit, or to ascertain appropriate permit requirements such as detailed product description and proposed distribution.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.0800** Application and Approval Procedure for Land Application Sites {#sec-7041.0800 omnilex-key=us-mn-regs-official--agency-167--7041.0800}
**Subpart 1. Site application.**
Persons who are required by part 7041.0600, subpart 3, to obtain a site approval from the commissioner must apply for the approval as provided in this part. Applications for approvals must be completed and signed by a Type IV certified operator or inspector. An approval is only valid for the conditions stated in the approval, including management practices and acreage authorized. If a change in acreage is proposed, a new application must be submitted and approval obtained. If a change in management practices included in the site approval is proposed, the change shall be authorized by the commissioner through a letter to the person who applies for the change before the person initiates the change.
The application must include a copy of the notification described in subpart 6 and the specific information given in subparts 2 to 5 submitted on a site application form obtained from or approved by the commissioner.
**Subp. 2. Site characterization.**
Site applications must contain site characterization that includes the following:
A. a copy of Natural Resources Conservation Service soil survey maps from the official soil survey, if available, or comparable soil maps prepared by a soil scientist with mapping experience, delineating the boundaries of the specific land application site, and:
B. a legal description of the land application site, including township, range, section, quarter section, township or city name, and county;
C. the following characteristics of the soil determined from samples obtained within six months of site application submittal using collection and analysis procedures in parts 7041.3300 and 7041.3400:
D. the approvable acreage of the land application site;
E. the name and address of the landowner and a copy or description of any contracts or agreements the landowner has with persons other than the applicant for the land application of bulk sewage sludge or other waste products such as industrial sludge, wastewater, and animal manure, at the land application site; and
F. the name and address of any renter, lessee, or occupier of the land application site.
**Subp. 3. Site management.**
Applications must include site management, including:
A. a description of the proposed method or methods of bulk sewage sludge application;
B. a description of the crops to be grown and realistic yield goals or dominant vegetation at the site and the intended use of the crops or vegetation;
C. the maximum available nitrogen application rate, in pounds of nitrogen per acre and the agronomic rate in dry tons of bulk sewage sludge solids per acre per cropping year; and
D. a description of how public access to the site is proposed to be controlled if necessary.
**Subp. 4. Application requirements for long-term storage of dewatered bulk sewage sludge at the site at which the bulk sewage sludge is applied.**
Applications must include the following information if approval of long-term storage at the land application site is requested:
A. a description of the necessity for storage at the land application site;
B. the location of the storage area delineated on maps submitted according to subpart 2, item A;
C. the dimensions of the bulk sewage sludge storage area;
D. the quantity of bulk sewage sludge to be stored;
E. boring logs from at least two soil borings taken to a depth of ten feet at the perimeter of the proposed storage area. The boring logs must include:
F. the expected duration of storage before land application; and
G. the description of precautions or practices to minimize or prevent drainage, runoff, or nuisance conditions at the storage area.
**Subp. 5. Modification of management practices.**
If any modification of the suitable soil conditions, slopes, or separation distances in part 7041.1200, subpart 3, are requested for nonagricultural uses, the site application must indicate what the nonagricultural use is; which conditions, slopes, or separation distances should be modified; and what environmental benefits will result from bulk sewage sludge application under the proposed conditions.
**Subp. 6. Approval procedure; public notification.**
Persons who prepare bulk sewage sludge shall provide notice by mail of the proposed land application site on the same date to the commissioner, the owner and occupier of the site, the city or township and county official of the area where the land application site is located, and any person known by the preparer to be interested in the approval of the site. The notice must include:
A. that the purpose is to notify local officials of the intent to apply to the commissioner for approval of the site for the beneficial use of sewage sludge;
B. site ownership and location and the name of the lessee, renter, or occupier of the site if applicable;
C. the preparer's name and how the preparer can be reached for more information;
D. a general site management and conditions information sheet prepared or approved by the commissioner;
E. that a Type IV operator or inspector certified by the commissioner in handling sewage sludge has reviewed the sites for compliance with this chapter;
F. that application is being mailed on the same date to the commissioner for a final determination on site suitability and site management for those sites;
G. that if there are comments or questions regarding approval of the sites, the agency's Water Quality Division must be contacted within 30 days of the date the notification was sent;
H. that the commissioner will approve or deny the application in writing after the 30-day comment period; and
I. that the commissioner reviews land application reports submitted annually by the preparer of sewage sludge.
**Subp. 7. Review.**
Applications shall be reviewed for completeness by the commissioner. If the application is incomplete, the commissioner shall promptly advise the applicant of the incompleteness. Further processing of the application shall be suspended until the applicant has supplied the necessary information to the commissioner.
**Subp. 8. Approval or denial.**
Notice of approval or denial and reasons for a denial shall be issued by the commissioner to the persons listed in subpart 6 no sooner than 30 days from the date the notification of the land application site was sent to those persons.
**Subp. 9. Final determination.**
The commissioner shall attempt to resolve all comments prior to a final determination concerning the application. If the comments have been resolved, the commissioner shall issue or deny the approval. If all comments cannot be resolved, the application shall be presented to the agency board, which shall issue or deny the approval.
**Subp. 10. Enforcement.**
A site approval issued to the person who prepares sewage sludge under this part shall be enforceable to the same extent and in the same manner as a permit.
**Subp. 11. Revocation of site approvals.**
A site approval may be revoked in accordance with the requirements of part 7001.0170.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.0900** Storage Construction Requirements {#sec-7041.0900 omnilex-key=us-mn-regs-official--agency-167--7041.0900}
The minimum construction requirements in items A and B apply to storage facilities required to be permitted under part 7041.0600, subpart 2.
A. Any basin, tank, pit, or lagoon used to store liquid sewage sludge must not seep at a rate greater than 500 gallons per acre per day.
B. Any area used to store dewatered sewage sludge must be paved with asphalt, concrete, or other material meeting the seepage requirement in item A to a depth sufficient to bear the weight of unloading and loading trucks and equipment without cracking. The pad must be sloped and curbed to collect all runoff water. Runoff water must be routed to a wastewater treatment facility or used in a manner approved by the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.1000** General Requirements {#sec-7041.1000 omnilex-key=us-mn-regs-official--agency-167--7041.1000}
**Subpart 1. Cumulative pollutant loading rates.**
No person shall apply bulk sewage sludge to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in part 7041.1100, subpart 4, item B, have been reached.
**Subp. 2. Notice and necessary information for compliance.**
Notice and necessary information needed to comply with the requirements of this chapter must be given or obtained by preparers, appliers, and users of bulk sewage sludge according to items A to D.
A. Preparers of bulk sewage sludge must provide written notification of the concentration of total nitrogen (as N on a dry weight basis) and available nitrogen (in pounds per wet ton or pounds per 1,000 gallons, whichever is appropriate) to appliers of bulk sewage sludge.
B. Before bulk sewage sludge subject to the cumulative pollutant loading rates in part 7041.1100, subpart 4, item B, is applied to the land, the person who proposes to apply the bulk sewage sludge must contact the permitting authority for the state in which the bulk sewage sludge will be applied to determine whether cumulative pollutant loading rates have been reached. If bulk sewage sludge which has pollutant concentrations greater than those listed in part 7041.1100, subpart 4, item C, has been applied since July 20, 1993, and the cumulative amount is not known, no additional bulk sewage sludge may be applied to that land.
C. The person who prepares bulk sewage sludge, or an applier under contract to the preparer to do so, is responsible for notifying and providing the necessary information for compliance with this chapter to the users of bulk sewage sludge by specifying appropriate agronomic application rates, site restrictions, and other management practices.
D. A person who prepares sewage sludge must give notice and necessary information to comply with this chapter to other persons who prepare sewage sludge or derive a material from the sewage sludge.
**Subp. 3. Sewage sludge applied to land in another state.**
Any person who prepares bulk sewage sludge in Minnesota that is applied to land in another state is responsible for providing written notice to the permitting authority for the state in which the bulk sewage sludge is proposed to be applied prior to the initial application of bulk sewage sludge. The notice must include:
A. the legal description of each land application site;
B. the approximate time period bulk sewage sludge will be applied to the site;
C. the concentration of the pollutants listed in part 7041.1100, subpart 4, item C, for the bulk sewage sludge which will be applied to the land; and
D. the name, address, telephone number, and national pollutant discharge elimination system permit number, if appropriate, for the person who prepares the bulk sewage sludge.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.1100** Pollutant Limits {#sec-7041.1100 omnilex-key=us-mn-regs-official--agency-167--7041.1100}
**Subpart 1. Ceiling concentrations.**
Bulk sewage sludge or sewage sludge sold or given away in a bag or other container must not be applied to the land if the concentration of any pollutant in the sewage sludge exceeds the ceiling concentration for the pollutant in subpart 4, item A.
**Subp. 2. Cumulative loading rates.**
If bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site, either the cumulative loading rate for each pollutant must not exceed the cumulative pollutant loading rate for each pollutant in subpart 4, item B, or the bulk sewage sludge must be exceptional quality sewage sludge.
**Subp. 3. Pollutant concentrations.**
The conditions in items A and B apply to pollutant concentrations in bulk sewage sludge and sewage sludge sold or given away in a bag or other container.
A. If bulk sewage sludge is applied to a lawn or a home garden, the concentration of each pollutant in the sewage sludge must not exceed the concentration for the pollutant in subpart 4, item C.
B. If sewage sludge is sold or given away in a bag or other container for application to the land, either:
**Subp. 4. Pollutant concentrations and loading rates.**
Pollutant concentrations and loading rates are given in items A to D.
A. Ceiling concentrations. 1Dry weight basis
B. Cumulative pollutant loading rates.
C. Pollutant concentrations. 1On a dry weight basis, the arithmetic mean of all measurements taken during the month.
D. Annual pollutant loading rates per 365-day period.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.1200** Management Practices and Limitations {#sec-7041.1200 omnilex-key=us-mn-regs-official--agency-167--7041.1200}
**Subpart 1. Endangered species.**
Bulk sewage sludge must not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act of 1973, United States Code, title 16, section 1533, as amended, or its designated critical habitat.
**Subp. 2. Frozen or flooded ground.**
A. Bulk sewage sludge must not be applied to agricultural land, forest, a public contact site, or a reclamation site that is flooded, frozen, or snow covered so that the bulk sewage sludge enters a wetland or other surface waters.
B. In addition to the requirements in subpart 3, item B, land application of dewatered or liquid bulk sewage sludge to frozen or snow covered ground is restricted to land with zero to two percent slopes. The application of liquid bulk sewage sludge is also restricted to a 15,000 gallon per acre hydraulic loading rate for the period when the ground is frozen or snow covered and must take place no closer than 600 feet from downgradient surface waters listed in subpart 3, item B.
C. Bulk sewage sludge must be injected or incorporated within 48 hours of surface application on ground which is subject to flooding unless specified otherwise in a site approval.
**Subp. 3. Suitable soil conditions, slopes, and separation distances.**
The suitable soil conditions in item A and the suitable slopes and separation distances in item B must be met when bulk sewage sludge is applied to agricultural land application sites. These conditions and limitations must also be met when bulk sewage sludge is applied to nonagricultural sites such as reclamation, forest, or public contact sites unless approved by the commissioner under the requirements of part 7041.0800, subpart 5. Bulk sewage sludge must not be applied to agricultural land, forest, a public contact site, or a reclamation site that is 33 feet or less from surface waters or wetlands unless specified otherwise in a permit.
A. Suitable soil conditions are as follows:
B. Suitable slopes and separation distances must be as described in this item. If applied through irrigation equipment, aerosol drift shall not be in contact with the feature specified. BULK SEWAGE SLUDGE APPLIED TO THE LAND SUITABLE SLOPES AND SEPARATION DISTANCES Down gradient5 lakes, rivers, streams, type 3, 4, and 5 wetlands, intermittent streams6, or tile inlets connected to these surface waters, and sinkholes Grassed Waterways7 1The depth is calculated from the zone of sewage sludge application and the separation distance for highly permeable soils is 5 feet. 2For the purpose of this item, a perched water condition shall not be considered a seasonal high water table. 3The depth to subsurface drainage tiles shall be considered the depth to the seasonal high water table for sites with tile drainage systems that are designed according to or equivalent to Natural Resources Conservation Service engineering standards and criteria. 4Separation distances may be reduced with written permission from all persons responsible for residential developments and places of recreation and all persons inhabiting within the otherwise protected distance. 5If downgradient surface water does not receive runoff because the site is bermed, separation distances can be reduced to 33 feet. 6For the purpose of this item, intermittent stream means a drainage channel with definable banks that provides for runoff flow to any of the surface waters listed in this item during snow melt or rainfall events. 7Separation distances are from the centerline of grassed waterways. For grassed waterways which are wider than these separation distances, application is allowed to the edge of the grass strip. Grassed waterways are natural or constructed, typically broad and shallow, and seeded to grass as protection against erosion.
**Subp. 4. Agronomic rates.**
A. Bulk sewage sludge must be applied to agricultural land, forest, a public contact site, or a reclamation site at an application rate that is equal to or less than the agronomic rate, unless, in the case of a reclamation site, otherwise specified by the commissioner.
B. Bulk sewage sludge application rates, combined with other known sources of nitrogen such as manure, carry-over nitrogen from previous sewage sludge applications, or fertilizer, must supply no more available nitrogen than the rates as described in subitems (1) to (5).
C. Bulk sewage sludge must not be applied to the land during the months of June, July, and August unless a crop is growing on the land or a crop is seeded within fourteen days following the bulk sewage sludge application.
D. Bulk sewage sludge must not be applied to fallow land, which is land that is uncropped and kept cultivated throughout a growing season and has a vegetative cover of less than 25 percent. Any land that is uncropped and cultivated during the months of September through May where a crop will be grown the following growing season is not considered fallow land.
E. The calculation of available and carry-over nitrogen in sewage sludge must be performed as described in part 7041.3000.
**Subp. 5. Highly permeable soils.**
In addition to those specified in subparts 3 and 4, the separation distances in item A and agronomic management practices in items B and C must be met when bulk sewage sludge is applied to highly permeable soils.
A. The minimum separation distance between the zone of bulk sewage sludge application and the seasonal high water table and bedrock is five feet.
B. Bulk sewage sludge must not be applied to the land during the months of June, July, August, or September unless a crop is growing on the land or a crop is seeded within 14 days following the bulk sewage sludge application.
C. Bulk sewage sludge applied in October shall be surface applied or applied with a nitrification stabilizer which extends the time the nitrogen component remains in the soil in the ammoniacle form.
**Subp. 6. Prohibited sites and other limits.**
The prohibited sites and other limits in items A to G apply to bulk sewage sludge applied to the land.
A. Bulk sewage sludge must not be applied on areas ponded with water or sewage sludge.
B. Bulk sewage sludge must not be applied or run onto adjoining property, roads, and the shoulders and drainage ditches alongside a road.
C. The boundary of a land application site must be identified prior to and during application with the use of conspicuous flags placed to achieve a clear and positive identification of the suitable site boundary unless apparent boundaries, such as fence rows, roads, tree lines, type of vegetation, or steep slopes, exist.
D. Bulk sewage sludge must not be applied on any land without the permission of the owner.
E. Bulk sewage sludge must be applied to land in such a manner as to provide uniform application.
F. Bulk sewage sludge must not be disposed of or placed into any cave, or sinkhole. Except as part of a reclamation project, sewage sludge must not be disposed of or placed on any mine or quarry.
G. Daily surface applications of liquid sewage sludge must not exceed the following: coarse-textured soils, 25,000 gallons per acre; medium-textured soils, 15,000 gallons per acre; or fine-textured soils, 10,000 gallons per acre.
**Subp. 7. Short-term storage.**
Items A to C apply to the short-term storage of dewatered bulk sewage sludge.
A. The short-term storage of bulk sewage sludge shall not exceed 30 days.
B. Separation distances for short-term bulk sewage sludge storage areas shall be those provided in subpart 3, item B, except that short-term storage of bulk sewage sludge shall not occur within 100 feet of any adjoining property without the written permission of the owner or within 100 feet of any road or drainage ditch.
C. Short-term storage of bulk sewage sludge shall not take place on land with a slope greater than two percent unless measures are taken to control water runoff or the bulk sewage sludge is being spread concurrent with the unloading of bulk sewage sludge delivery trucks and will not be stockpiled overnight.
**Subp. 8. Long-term storage.**
Items A to G apply to the long-term storage of dewatered bulk sewage sludge.
A. Long-term storage of bulk sewage sludge is only allowed at land application sites where the stored bulk sewage sludge is to be applied. Long-term storage of bulk sewage sludge that is intended for application at several land application sites is allowed provided that all sites are owned by the same person and all sites are within a one-half mile radius.
B. Long-term storage of bulk sewage sludge for land application areas of 40 acres or less shall not take place within 400 feet from any residence. This separation distance shall increase 100 feet for every additional ten acres of land application area, or portion thereof, up to a maximum of 1,000 feet. Separation distances may be reduced if written permission is obtained from all persons residing within the otherwise protected distance.
C. Long-term storage of bulk sewage sludge shall not take place within 1,000 feet of any residential development or public contact site.
D. Long-term storage of bulk sewage sludge shall not take place within 1,000 feet of any downgradient surface waters and wetlands listed in subpart 3, item B, tile inlets, or sinkholes unless measures are taken to control runoff in which case the separation distance may be reduced to 200 feet.
E. Long-term storage of bulk sewage sludge shall not be allowed on land with greater than a two percent slope.
F. Long-term bulk sewage sludge storage areas shall be located in areas where the texture of all the horizons in the soil profile to a depth of five feet is sandy loam or finer unless an impervious pad with a drainage collection system is constructed.
G. Long-term bulk sewage sludge storage shall not take place on the same area for two or more consecutive years unless an impervious pad with a drainage collection system is constructed.
**Subp. 9. Labeling.**
A label must be affixed to the bag or other container in which sewage sludge is sold or given away for application to the land or an information sheet must be provided to the person who receives sewage sludge in an other container. The label or information sheet must contain the following information:
A. the name and address of the person who prepared the sewage sludge that is sold or given away in a bag or other container;
B. a statement that application of the sewage sludge to the land is prohibited except according to the instructions on the label or information sheet; and
C. the annual whole sludge application rate for the sewage sludge that does not cause any of the annual pollutant loading rates in part 7041.1100, subpart 4, item D, to be exceeded.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642; 38 SR 1001*
##### **Minn. R. 7041.1300** Operational Standards; Pathogen Reduction {#sec-7041.1300 omnilex-key=us-mn-regs-official--agency-167--7041.1300}
**Subpart 1. General.**
Bulk sewage sludge must meet the requirements of Class A pathogen reduction or Class B pathogen reduction and the site restrictions in subpart 3, item D, when it is applied to agricultural land, forest, a public contact site, or a reclamation site. Bulk sewage sludge applied to a lawn or home garden and sewage sludge sold or given away in a bag or other container must meet Class A pathogen reduction requirements.
**Subp. 2. Pathogens in sewage sludge; Class A.**
To be classified Class A with respect to pathogen reduction, the requirements in items A and B must be met.
A. One of the Class A pathogen requirements in items C to H must be met either prior to or at the same time the vector attraction reduction requirements in part 7041.1400, subpart 2, are met except when the vector attraction reduction requirements in part 7041.1400, subpart 2, item F, G, or H, are met.
B. Either the density of fecal coliform in the sewage sludge must be less than 1,000 most probable number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the sewage sludge must be less than three most probable number per four grams of total solids (dry weight basis) at the time the sewage sludge is applied to the land, at the time the sewage sludge is prepared for sale or giveaway in a bag or other container for application to the land, or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements of exceptional quality sewage sludge.
C. Class A, Alternative 1. (Not applicable for composting.) The temperature of the sewage sludge shall be maintained at a specific value for a period of time.
D. Class A, Alternative 2. The pH of the sewage sludge shall be raised to above 12 and shall remain above 12 for 72 hours.
E. Class A, Alternative 3. The sewage sludge shall be analyzed prior to pathogen treatment to determine whether the sewage sludge contains enteric viruses and helminth ova.
F. Class A, Alternative 4.
G. Class A, Alternative 5. Sewage sludge shall be treated in one of the processes to further reduce pathogens in subitems (1) to (7).
H. Class A, Alternative 6. Sewage sludge that is applied to the land shall be treated in a process that is equivalent to a process to further reduce pathogens in item G, as determined by the permitting authority.
**Subp. 3. Sewage sludge; Class B.**
The requirements in item A, B, or C must be met for sewage sludge to be classified as Class B with respect to pathogen reduction and when Class B sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site, the site restrictions in item D must also be met.
A. Class B, Alternative 1.
B. Class B, Alternative 2. Sewage sludge shall be treated in one of the Processes to Significantly Reduce Pathogens in subitems (1) to (5).
C. Class B, Alternative 3. Sewage sludge shall be treated in a process that is equivalent to a process to significantly reduce pathogens, as determined by the permitting authority.
D. Site Restrictions. 1The 20-month duration between application and harvesting applies when the sewage sludge that is surface applied stays on the soil surface for four months or longer prior to incorporation into the soil. The 38-month duration is in effect when the sewage sludge remains on the soil surface for less than four months prior to incorporation. 2This includes, but is not limited to, a public contact site and reclamation site located in populated areas, for example, a construction site located in a city, turf farms, and plant nurseries. 3Land the public uses infrequently which includes, but is not limited to, agricultural land, forest, and a reclamation site located in an unpopulated area.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642; 38 SR 1001*
##### **Minn. R. 7041.1400** Operational Standards; Vector Attraction Reduction {#sec-7041.1400 omnilex-key=us-mn-regs-official--agency-167--7041.1400}
**Subpart 1. Agricultural and other lands.**
One of the vector attraction reduction requirements in subpart 2 must be met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site.
**Subp. 2. Home use and land application.**
One of the vector attraction reduction requirements in items A to H must be met when bulk sewage sludge is applied to a lawn or a home garden or when sewage sludge is sold or given away in a bag or other container for application to the land.
A. The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38 percent.
B. When the 38 percent volatile solids reduction requirement in item A cannot be calculated for an anaerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge anaerobically in the laboratory in a bench-scale unit for 40 additional days at a temperature between 30 and 37 degrees Celsius. When at the end of the 40 days the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 17 percent, vector attraction reduction is achieved.
C. When the 38 percent volatile solids reduction requirement in item A cannot be calculated for an aerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge that has a percent solids of two percent or less aerobically in the laboratory in a bench-scale unit for 30 additional days at 20 degrees Celsius. When at the end of the 30 days the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 15 percent, vector attraction reduction is achieved.
D. The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.
E. Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time, the temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of the sewage sludge shall be higher than 45 degrees Celsius.
F. The pH of sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for two hours and then at 11.5 or higher for an additional 22 hours.
G. The percent solids of sewage sludge that does not contain unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 75 percent based on the moisture content and total solids prior to mixing with other materials at the time the sewage sludge is applied to the land, at the time the sewage sludge is prepared for sale or given away in a bag or other container for application to the land, or at the time the sewage sludge is prepared to meet the requirements of exceptional quality sewage sludge.
H. The percent solids of sewage sludge that contains unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 90 percent based on the moisture content and total solids prior to mixing with other materials, at the time the sewage sludge is applied to the land, at the time the sewage sludge is prepared for sale or given away in a bag or other container for application to the land, or at the time the sewage sludge is prepared to meet the requirements of exceptional quality sewage sludge.
I. Sewage sludge shall be injected below the surface of the land.
J. Sewage sludge applied to the land surface shall be incorporated into the soil within six hours after application to the land unless specified otherwise by the permitting authority. When sewage sludge that is incorporated into the soil is Class A with respect to pathogens, the sewage sludge shall be applied to or placed on the land within eight hours after being discharged from the pathogen treatment process.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.1500** Monitoring Requirements {#sec-7041.1500 omnilex-key=us-mn-regs-official--agency-167--7041.1500}
**Subpart 1. Sampling of sewage sludge.**
Representative samples of sewage sludge that is applied to the land must be collected and analyzed by the person who prepares the sewage sludge. The following minimum requirements apply for the sampling of parameters except pathogens and pathogen indicator organisms:
A. in the case of digesters and liquid storage tanks, a representative sample must be composed of at least four grab samples composited over a 24-hour period; and
B. in the case of lagoons, stockpiles, drying beds, and compost piles, a representative sample must be composed of at least ten grab samples composited from the sewage sludge prior to land application.
**Subp. 2. Analysis.**
Sewage sludge must be analyzed according to the analytical procedures in part 7041.3200 or other EPA approved methods for the parameters in items A to F. All analytical values, except pH and total solids, must be recorded on a dry weight basis:
A. percentage of total solids;
B. volatile solids as percentage of total solids;
C. pH;
D. major plant nutrients, including the percentages of kjeldahl nitrogen, ammonia nitrogen, phosphorus, and potassium;
E. concentration of metals in milligrams per kilogram of zinc, copper, lead, nickel, cadmium, mercury, arsenic, molybdenum, and selenium; and
F. polychlorinated biphenyls (PCBs) if the sewage sludge is being removed from a wastewater treatment pond described in part 7041.0300, subpart 1.
**Subp. 3. Additional analysis or parameters.**
If the commissioner concludes that additional analysis or monitoring for additional parameters is needed to protect the public health or the environment, the commissioner shall require this analysis based on considerations about the sewage sludge in question, including the age of the sewage sludge, the size of the treatment facility, the processes used to treat the sewage sludge, the methods of land application, and the characteristics of industrial discharges to the sewer system.
**Subp. 4. Frequency of monitoring.**
The minimum monitoring frequency for the parameters listed in subpart 2, the pathogen or indicator organism density requirements in part 7041.1300, subparts 2 and 3, and the vector attraction reduction requirements in part 7041.1400, subpart 2, items A to D and F to H, shall be the frequency in this item.
MINIMUM SAMPLING FREQUENCIES
1Either the amount of bulk sewage sludge applied to the land or the amount of sewage sludge received by a person who prepares sewage sludge that is sold or given away in a bag or other container for application to the land (dry weight basis).
**Subp. 5. Greater frequency of sewage sludge monitoring and analysis.**
Parameters exceeding concentrations in subpart 6, based on the average of all analyses made during the previous cropping year, must be analyzed for at least two times the minimum frequency given in subpart 4.
**Subp. 6. Greater frequency of sewage sludge sampling and analysis.**
**Subp. 7. Reduction in monitoring frequency.**
After the sewage sludge has been monitored for two years at the frequency in subparts 4 and 6, the commissioner may reduce the frequency of monitoring for the parameters listed in subpart 2 and the pathogen density in part 7041.1300, subpart 2, item E, but in no case shall the frequency of monitoring be less than once per year when sewage sludge is applied to the land.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.1600** Record Keeping {#sec-7041.1600 omnilex-key=us-mn-regs-official--agency-167--7041.1600}
**Subpart 1. General requirements.**
A record keeping system must be initiated and maintained by the person who prepares sewage sludge. Records required to be kept by an applier who is different than the preparer must be supplied to the preparer for record keeping purposes.
**Subp. 2. Exceptional quality sewage sludge.**
The preparer of exceptional quality sewage sludge applied to the land either in bulk or sold or given away in a bag or other container must develop and retain the following information for five years:
A. the concentration of each parameter listed in part 7041.1500, subpart 2, items A to E;
B. the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in Minnesota Rules, part 7041.1300, subpart 2, and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in Minnesota Rules, part 7041.1400, subpart 2, items A to H] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";
C. a description of how the Class A pathogen requirements in part 7041.1300, subpart 2, are met;
D. a description of how one of the vector attraction reduction requirements in part 7041.1400, subpart 2, items A to H, is met;
E. a copy of written information required to be given as required in part 7041.0400, subpart 3; and
F. the quantity of exceptional quality sewage sludge provided to distributors or users if supplied in bulk and the quantity sold or given away in a bag or other container per 365-day period.
**Subp. 3. Other Class A and Class B bulk sewage sludge.**
The preparer of other Class A and Class B bulk sewage sludge that is applied to the land must develop and retain the information in items A to G and subpart 5 for five years and the information in items H to N indefinitely.
A. The concentration of each parameter listed in part 7041.1500, subpart 2, items A to E.
B. The following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in Minnesota Rules, part 7041.1300, subpart 2, [insert if Class A requirements are met] or Minnesota Rules, part 7041.1300, subpart 3, [insert if Class B requirements are met] and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in Minnesota Rules, part 7041.1400, subpart 2, items A to H, if one of those requirements is met] has been prepared under my direction and supervision according to the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements [and vector attraction reduction requirements, if applicable] have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
C. A description of how the Class A or Class B pathogen requirement is met.
D. A description of how one of the vector attraction reduction requirements in part 7041.1400, subpart 2, items A to J, is met.
E. A record of soil test data as required by part 7041.0800, site approvals, or permits.
F. The maximum available nitrogen application rate based on the realistic yield goal and vegetation grown on the site during the cropping year.
G. The known amount of available nitrogen applied during the cropping year from all sources expressed in terms of pounds per acre.
H. The location of the land application and stockpile sites on a United States Geological Survey quadrangle or soil survey map.
I. The legal description of the land application site and the number of acres to which bulk sewage sludge was applied.
J. The amount of bulk sewage sludge applied that cropping year and cumulatively expressed in terms of tons of sewage sludge solids per acre.
K. The amount of arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc applied that cropping year and cumulatively expressed in terms of pounds per acre.
L. The date bulk sewage sludge is applied to each site.
M. The following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the requirements to obtain information in Minnesota Rules, part 7041.1000, subpart 2, item B, has been prepared for each site on which bulk sewage sludge is applied under my direction and supervision according to the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the requirements to obtain information have been met. I am aware that there are significant penalties for false certification including fine and imprisonment."
N. A description of how the requirements to obtain information in part 7041.1000, subpart 2, item B, are met.
**Subp. 4. Class A sewage sludge not meeting pollutant concentrations.**
The person who prepares Class A sewage sludge which does not meet the pollutant concentrations in part 7041.1100, subpart 4, item C, and is sold or given away in a bag or other container for application to the land, must develop and retain the following information for five years:
A. the annual whole sludge application rate for the sewage sludge that does not cause the annual pollutant loading rates in part 7041.1100, subpart 4, item D, to be exceeded;
B. the concentration of each parameter listed in part 7041.1500, subpart 2, items A to E, in the sewage sludge;
C. the following certification statement: "I certify, under penalty of law, that the information used to determine compliance with the labeling requirements in Minnesota Rules, part 7041.1200, subpart 9, the Class A pathogen requirement in Minnesota Rules, part 7041.1300, subpart 2, and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in Minnesota Rules, part 7041.1400, subpart 2, items A to H] has been prepared under my direction and supervision according to the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practice, pathogen requirement, and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";
D. a description of how the Class A pathogen requirements in part 7041.1300, subpart 2, are met; and
E. a description of how one of the vector attraction reduction requirements in part 7041.1400, subpart 2, items A to H, is met.
**Subp. 5. Appliers of bulk sewage sludge.**
The applier of bulk sewage sludge must provide the preparer with the information in items A and B.
A. The following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in Minnesota Rules, part 7041.1200, the site restrictions in Minnesota Rules, part 7041.1300, subpart 3, item D [insert if Class B sewage sludge is applied to the land], and the vector attraction reduction requirement in [insert Minnesota Rules, part 7041.1400, subpart 2, item I or J, if met] for each site on which bulk sewage sludge is applied has been prepared under my direction and supervision according to the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices and site restrictions have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
B. A description of how the management practices, site restrictions, and vector attraction reduction requirements, if options in part 7041.1400, subpart 2, item I or J, are met for each site on which bulk sewage sludge was applied.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.1700** Reporting {#sec-7041.1700 omnilex-key=us-mn-regs-official--agency-167--7041.1700}
**Subpart 1. Annual reporting requirements.**
A. The information in part 7041.1600 must be recorded, as applicable, by the person who prepares the sewage sludge on a form provided or approved by the commissioner and submitted annually to the agency no later than December 31 following the end of the cropping year unless specified otherwise in a permit or approved management plan if applicable. If bulk sewage sludge is applied, the form must be prepared by or under the supervision of a Type IV certified operator or inspector employed by the person who prepares the bulk sewage sludge.
B. If bulk sewage sludge is applied on a site in Minnesota, the legal description of the site and the information in part 7041.1600, subpart 3, items M and N, do not have to be reported.
C. For the purpose of annual reports, the month instead of the date referenced in part 7041.1600, subpart 3, item L, shall be reported on the form provided or approved by the commissioner.
**Subp. 2. Special reporting requirements.**
The preparer of bulk sewage sludge which is not exceptional quality sewage sludge must notify the agency, in writing, when 90 percent or more of any of the cumulative pollutant loading rates in part 7041.1100, subpart 4, item B, has been reached for a site.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.1800** Provisions for Sewage Sludge from Septic Tanks {#sec-7041.1800 omnilex-key=us-mn-regs-official--agency-167--7041.1800}
**Subpart 1. General.**
The requirements in subparts 2 to 4 for application at agronomic rates, pathogen and vector attraction reduction, monitoring, record keeping, and reporting, unless specified otherwise in a permit, shall be met by persons who prepare the sewage sludge from septic tanks which is referred to in this part as septage.
**Subp. 2. Agronomic rates.**
The agronomic application rate for septage applied to agricultural land, forest, or a reclamation site for a cropping year must be calculated using the equation in this subpart unless specified otherwise by the commissioner. The commissioner may specify the rate based on an actual nitrogen analysis.
Where,
AR = Application rate in gallons per acre for the cropping year.
N = The maximum available nitrogen application rate in pounds per acre per cropping year required by the crop based on realistic yield goals or nitrogen uptake by vegetation grown on the land minus the amount supplied by other sources such as manure or fertilizer.
**Subp. 3. Pathogen and vector attraction reduction.**
To meet pathogen and vector attraction reduction requirements, the site restrictions in part 7041.1300, subpart 3, item D, must be met and either:
A. the pH of the septage must be raised to 12 or higher for 30 minutes by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes;
B. the septage is injected and no significant amount of the septage is present on the land surface within one hour after it is injected; or
C. the septage is incorporated below the surface of the land within six hours after application unless specified otherwise by the permitting authority.
**Subp. 4. Monitoring, record keeping, and reporting.**
The permittee must obtain and keep on record for five years, the information required to be in compliance with this chapter including:
A. the following certification statement for all septage applied to the land: "I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen and vector attraction reduction requirements in subpart 3, item A, B, or C [insert either subpart 3, item A, B, or C] the management practices in part 7041.1200, and the site restrictions in part 7041.1300, subpart 3, item D, has been prepared under my direction and supervision according to the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";
B. a description of how the pathogen and vector attraction reduction requirements are met. If alkali addition is used, records must indicate each container of septage applied is monitored for compliance with subpart 3, item A;
C. a description of how management practices and site restrictions are met;
D. a record of soil test data as required by part 7041.0800, site approvals, or permits;
E. the maximum available nitrogen application rate based on the realistic yield goal of the crop or vegetation grown on the site during the cropping year;
F. the amount of septage in gallons per acre applied that cropping year;
G. the legal description of the land application site;
H. the number of acres used;
I. the date septage is applied to the land; and
J. any other analysis or information required by the commissioner. The information in items A to J must be recorded by the permittee on a form provided or approved by the commissioner and submitted annually to the agency no later than December 31 following the end of the cropping year.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642; 38 SR 1001*
##### **Minn. R. 7041.3000** Calculation of Available and Carry-Over Nitrogen {#sec-7041.3000 omnilex-key=us-mn-regs-official--agency-167--7041.3000}
**Subpart 1. Available nitrogen.**
The formulas in this subpart shall be used for the calculation of available nitrogen for the cropping year sewage sludge is applied to the land unless it has been demonstrated to the satisfaction of the commissioner with data from laboratory and/or field tests that another calculation based on sewage sludge or site-specific mineralization rates is more appropriate.
POUNDS OF AVAILABLE NITROGEN PER TON
OF SEWAGE SLUDGE SOLIDS
1Incorporated within 48 hours
**Subp. 2. First year carry-over nitrogen.**
First year carry-over nitrogen from the initial application of sewage sludge shall be calculated using the formulas in this subpart.
FIRST YEAR CARRY-OVER NITROGEN FROM INITIAL
SEWAGE SLUDGE APPLICATION
**Subp. 3. Second year carry-over nitrogen.**
Second year carry-over nitrogen from the initial application of sewage sludge must be calculated for aerobically digested and stabilized primary and waste activated sewage sludge if the initial application provided greater than or equal to 100 pounds of available nitrogen per acre. The following formula shall be used:
Second year carry-over nitrogen = (% organic-N) x (1.0) x (tons/acre applied).
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.3100** Procedure to Determine Annual Whole Sludge Application Rate (awsar) {#sec-7041.3100 omnilex-key=us-mn-regs-official--agency-167--7041.3100}
A. This part contains the procedure used to determine the AWSAR for a sewage sludge that does not cause the annual pollutant loading rates in part 7041.1100, subpart 4, item D, to be exceeded. The relationship between the annual pollutant loading rate (APLR) for a pollutant and the AWSAR for a sewage sludge is shown in the equation in this subpart. APLR = C x AWSAR x 0.001 Where, APLR = Annual pollutant loading rate in kilograms per hectare per 365-day period. C = Pollutant concentration in milligrams, per kilogram of total solids (dry weight basis). AWSAR = Annual whole sludge application rate in metric tons per hectare per 365-day period (dry weight basis). 0.001 = A conversion factor.
B. To determine the AWSAR, the equation in subpart one is rearranged as follows: The procedure used to determine the AWSAR is described in subitems (1) to (4).
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.3200** Analytical Procedures for Determining Constituents in Sewage Sludge Samples {#sec-7041.3200 omnilex-key=us-mn-regs-official--agency-167--7041.3200}
The documents in items A to I are incorporated by reference and are available through the Minitex interlibrary loan system. They are not subject to frequent change.
A. Analytical Procedures for Determining Organic Priority Pollutants in Municipal Sludge, issued by the United States Environmental Protection Agency as EPA 600/2-80-030 (1980), also available from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB 80-198401), 1-800-553-6847.
B. Method Development for Determination of Polychlorinated Hydrocarbons in Municipal Sludge, issued by the United States Environmental Protection Agency as EPA 600/2-80-029 (1980), also available from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB 80-200793), 1-800-553-6847.
C. Enteric Viruses, ASTM Designation: D 4994-89, "Standard Practice for Recovery of Viruses From Wastewater Sludges," 1992 Annual Book of ASTM Standards: Section 11 -- Water and Environmental Technology, ASTM, 1916 Race Street, Philadelphia, Pennsylvania 19103-1187.
D. Fecal Coliform, Part 9221E or Part 9222D, "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005.
E. Helminth Ova, Yanko, W.S., "Occurrence of Pathogens in Distribution and Marketing Municipal Sludges," EPA 600/1-87-014, 1987, National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB 88-154273/AS).
F. Inorganic pollutants, "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, Second Edition (1982) with Updates I (April 1984) and II (April 1985) and Third Edition (November 1986) with Revision I (December 1987). Second Edition and Updates I and II are available from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB 87-120-291). Third Edition and Revision I are available from Superintendent of Documents, Government Printing Office, 941 North Capitol Street NE, Washington, DC 20002 (Document Number 955-001-00000-1).
G. Salmonella sp. bacteria, Part 9260D, "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005; Kenner, B.A. and H.P. Clark, "Detection and enumeration of Salmonella and Pseudomonas aeruginosa," Journal of the Water Pollution Control Federation, Vol. 46, No. 9, September 1974, pp. 2163-2171, Water Environment Federation, 601 Wythe Street, Alexandria, Virginia 22314.
H. Specific oxygen uptake rate, Part 2710B, "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005.
I. Total fixed, volatile solids, Part 2540G, "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.3300** Collection of Soil Samples {#sec-7041.3300 omnilex-key=us-mn-regs-official--agency-167--7041.3300}
At a minimum, one soil sample shall represent an area of no more than 40 acres. Additional soil samples may be required if there are areas differing greatly in previous fertilization, liming, cropping history, land management, or soil texture. The soil must be sampled to a depth of six to nine inches from at least 15 to 20 random locations in the sampling area. The samples must be composited, thoroughly mixed, and subsampled for analysis. Approximately one pint of soil is necessary for analysis.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642*
##### **Minn. R. 7041.3400** Analysis of Soils {#sec-7041.3400 omnilex-key=us-mn-regs-official--agency-167--7041.3400}
**Subpart 1. Analytical methods.**
Acceptable analytical methods for United States Department of Agriculture textural classification, organic matter, extractable phosphorus, exchangeable potassium, pH, and soluble salts are found in one or more of the publications in items A to C which are incorporated by reference. These documents are not subject to frequent change and are available through the Minitex interlibrary loan system or the addresses given.
A. Recommended Chemical Soil Test Procedures for the North Central Region, issued by the North Dakota Agricultural Experiment Station, North Dakota State University as North Central Regional Publication No. 221 (Revised) October 1988.
B. Methods of Soil Analysis, Chemical and Microbiological Properties edited by Alan Page et al., issued by the American Society of Agronomy as Agronomy Monograph No. 9 (Madison, Wisconsin, Part 2, second edition, 1982).
C. Procedures for Collecting Soil Samples and Methods of Analysis for Soil Survey, issued by the Natural Resources Conservation Service as Soil Survey Investigations Report 1 (revised) (Washington, D.C., United States Government Printing Office, 1984).
**Subp. 2. Soil permeability.**
The documents in items A and B are incorporated by reference for determining soil permeability measurements for different soil types and soil horizons when the information is not available from the Natural Resources Conservation Service. These references are not subject to frequent change and are available through the Minitex interlibrary loan system or addresses given.
A. Determination by direct measurements in the field as outlined in chapter 29, Hydraulic Conductivity of Saturated Soils: Field Methods, in Methods of Soil Analysis, Physical and Mineralogical Methods, edited by Klute, issued by the American Society of Agronomy, 677 South Segoe Road, Madison, Wisconsin 53711, as Agronomy Monograph No. 9, Part 1, (Madison, Wisconsin, second edition 1986).
B. Determination in the laboratory using undisturbed soil samples as outlined in chapter 28, Hydraulic Conductivity and Diffusivity: Laboratory Methods in Methods of Soil Analysis, edited by Klute, issued by the American Society of Agronomy, 677 South Segoe Road, Madison, Wisconsin 53711, as Agronomy Monograph No. 9, Part 1, (Madison, Wisconsin, second edition 1986).
**Subp. 3. Seasonal high water table.**
When the necessary information for determining the depth to and type of seasonal water table is not available from the Natural Resources Conservation Service, the information may be obtained from either the document in item A or the procedure identified in item B.
A. Determination of the depth of soil having mottles with a chroma of two or less as discussed in Keys to Soil Taxonomy, (2010 and as subsequently amended), issued by the United States Department of Agriculture, Natural Resources Conservation Service. The document is incorporated by reference, is subject to frequent change, and is available at http://soils.usda.gov/technical/classification/tax_keys/.
B. Measurement of water levels at monthly intervals over the course of one year in water table monitoring devices. The highest water level measurement obtained is acceptable as the seasonal high water table.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 21 SR 1642; 38 SR 1001*
## **Chapter 7042** LOW LEVEL RADIOACTIVE WASTE
##### **Minn. R. 7042.0010** Scope of Rules {#sec-7042.0010 omnilex-key=us-mn-regs-official--agency-167--7042.0010}
Parts 7042.0020 to 7042.0060 levy fees on the generators of low level radioactive waste as required by Minnesota Statutes, section 116C.834.
**History**
- *Statutory Authority: MS s 116C.834*
- *History: 9 SR 2476*
##### **Minn. R. 7042.0020** Definitions {#sec-7042.0020 omnilex-key=us-mn-regs-official--agency-167--7042.0020}
**Subpart 1. Scope.**
The terms used in parts 7042.0010 to 7042.0060 have the meanings given them in this part.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 2a. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 3. Compact.**
"Compact" means the Midwest Interstate Low Level Radioactive Waste Compact as provided by Minnesota Statutes, section 116C.831.
**Subp. 4.**
[Repealed by amendment, L 1987 c 186 s 15]
**Subp. 5. Disposal.**
"Disposal" means the isolation of low level radioactive waste from the biosphere in a permanent facility designed for that purpose.
**Subp. 6. Facility.**
"Facility" means a parcel of land or site, together with the structures, equipment, and improvements on or appurtenant to the land or site which is used or is being developed for the treatment, storage, or disposal of low level radioactive waste.
**Subp. 7. Generator.**
"Generator" means any person who produces or possesses low level radioactive waste in the course of, or incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity, and who, to the extent required by law, is licensed by the United States Nuclear Regulatory Commission or is a state party to the compact, to produce or possess such waste. "Generator" does not include a person who provides a service by arranging for the collection, transportation, treatment, storage, or disposal of wastes.
**Subp. 8. Low level radioactive waste or waste.**
"Low level radioactive waste" or "waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in United States Code, title 42, section 2014(e)(2).
**Subp. 9. Person.**
"Person" means any individual, corporation, business enterprise or other legal entity either public or private and any legal successor, representative, agent or agency of the individual, corporation, business enterprise, or legal entity.
**Subp. 10. Storage.**
"Storage" means the temporary holding of low level radioactive waste for treatment or prior to treatment or disposal.
**Subp. 11. Treatment.**
"Treatment" means any method, technique, or process, including storage for radioactive decay, designed to change the physical, chemical, or biological characteristics or composition of any low level radioactive waste in order to render the low level radioactive waste safer for transport or management, amenable to recovery, convertible to another usable material, or reduced in volume.
**History**
- *Statutory Authority: MS s 116C.834*
- *History: 9 SR 2476; L 1987 c 186 s 15*
##### **Minn. R. 7042.0030** Low Level Radioactive Waste Generator Fees {#sec-7042.0030 omnilex-key=us-mn-regs-official--agency-167--7042.0030}
**Subpart 1. Basis of fees.**
The fees paid are based upon volume of waste shipped for disposal during the previous calendar year. Data on the volume of waste shipped shall be provided to the commissioner with payment as described in part 7042.0040.
**Subp. 2. Amount of fees.**
A generator of low level radioactive waste is subject to the following fees:
A. A generator who ships 1,000 cubic feet or more of low level radioactive waste per year to a facility for disposal is subject to a fee of $2.75 per cubic foot of low level radioactive waste shipped per year.
B. A generator who ships at least 100 cubic feet but less than 1,000 cubic feet of low level radioactive waste per year to a facility for disposal is subject to a fee of $100 per year.
**History**
- *Statutory Authority: MS s 116C.834*
- *History: 9 SR 2476; 12 SR 365; L 1987 c 186 s 15; 13 SR 601; 14 SR 375*
##### **Minn. R. 7042.0040** Payment of Fees {#sec-7042.0040 omnilex-key=us-mn-regs-official--agency-167--7042.0040}
**Subpart 1. Payment deadline.**
A generator must submit to the commissioner the fees and appropriate documentation of the volume of waste shipped no later than September 30 of each year. Fees for wastes shipped in the previous calendar year are payable by September 30 of the next calendar year. Checks shall be made payable to the commissioner of management and budget.
**Subp. 2. Prepayment option.**
A generator may submit full or partial payment at any time prior to September 30, and the payment will be credited to the generator's obligation to pay fees.
**History**
- *Statutory Authority: MS s 116C.834*
- *History: 9 SR 2476; 12 SR 365; L 1987 c 186 s 15; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109*
##### **Minn. R. 7042.0050** Exemptions {#sec-7042.0050 omnilex-key=us-mn-regs-official--agency-167--7042.0050}
Low level radioactive waste generated as a result of a spill or accident and sealed sources which are returned to a vendor or manufacturer are not subject to the fees in parts 7042.0030 and 7042.0040.
**History**
- *Statutory Authority: MS s 116C.834*
- *History: 9 SR 2476*
##### **Minn. R. 7042.0060** Penalty Provisions {#sec-7042.0060 omnilex-key=us-mn-regs-official--agency-167--7042.0060}
If the generator fails to pay the generator fee by the due date, a penalty will be assessed. The penalty is five percent of the fee due for each month or fraction of month that the fee payment is late.
**History**
- *Statutory Authority: MS s 116C.834*
- *History: 9 SR 2476*
## **Chapter 7044** PRIORITY ASSESSMENT CRITERIA
##### **Minn. R. 7044.0100** Scope {#sec-7044.0100 omnilex-key=us-mn-regs-official--agency-167--7044.0100}
This chapter governs the procedures for establishing a permanent list of releases or threatened releases of hazardous substances, pollutants, or contaminants required by Minnesota Statutes, section 115B.17, subdivision 13. This chapter establishes various classifications for sites with releases or threatened releases, describes the procedures for adding sites with releases or threatened releases to or deleting sites from the permanent list, provides for an annual review and update of the permanent list, establishes the funding priority among classifications and the funding priority within classifications, creates an annual project list, and specifies a ranking system to be used in scoring sites.
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; 17 SR 2328*
##### **Minn. R. 7044.0200** Definitions {#sec-7044.0200 omnilex-key=us-mn-regs-official--agency-167--7044.0200}
**Subpart 1. Scope.**
As used in this chapter, the following terms have the meanings given them, unless the context requires otherwise.
**Subp. 2. Miscellaneous terms.**
The following terms have the meanings given them in the Environmental Response and Liability Act (ERLA), Minnesota Statutes, chapter 115B: agricultural chemical, Federal Superfund Act, account, hazardous substance, hazardous waste, natural resources, owner of real property, person, pollutant or contaminant, release, remedy or remedial action, remove or removal, respond or response, and water.
**Subp. 3. Advisory.**
"Advisory" means a warning by the commissioner, Minnesota Department of Health, Minnesota Department of Natural Resources, or the Minnesota Department of Agriculture issued to the public concerning a hazardous substance, or a pollutant or contaminant, at or near a site.
**Subp. 3a. Agency.**
"Agency" means the Department of Agriculture for actions, duties, or authorities relating to agricultural chemicals, or the Pollution Control Agency for other substances.
**Subp. 3b. Agricultural chemical site.**
"Agricultural chemical site" means a site that is predominately contaminated with agricultural chemicals.
**Subp. 3c. Commissioner.**
"Commissioner" means the commissioner of agriculture for actions, duties, or authorities relating to agricultural chemicals or the commissioner of the Pollution Control Agency for other substances.
**Subp. 4. Emergency.**
"Emergency" means a determination by the commissioner that immediate action is required to prevent, minimize, or mitigate damage to the public health or welfare or the environment.
**Subp. 5.**
[Repealed, 17 SR 2328]
**Subp. 5a. Operation and maintenance.**
"Operation and maintenance" means measures required to maintain the effectiveness of response actions.
**Subp. 5b. PCA site.**
"PCA site" means a site that is predominately contaminated with substances other than agricultural chemicals.
**Subp. 6.**
[Repealed, 17 SR 2328]
**Subp. 7. Site.**
"Site" means any place or area where a hazardous substance, or a pollutant or contaminant, has been deposited, stored, disposed of, placed, or otherwise come to be located including:
A. a building, structure, installation, equipment, pipe or pipeline (including a pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
B. a watercraft of any description, or other artificial contrivance used or capable of being used as a means of transportation on water. Site does not include a consumer product in consumer use.
**Subp. 8.**
[Repealed, 17 SR 2328]
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; L 1987 c 186 s 15; 17 SR 2328*
##### **Minn. R. 7044.0250** Scoring of Sites with Releases or Threatened Releases for Addition to Permanent List of Priorities {#sec-7044.0250 omnilex-key=us-mn-regs-official--agency-167--7044.0250}
The agency shall score sites with releases or threatened releases of hazardous substances, or pollutants or contaminants, using the Hazard Ranking System (HRS). The Pollution Control Agency shall score PCA sites with releases or threatened releases of hazardous substances, or pollutants or contaminants. The commissioner of agriculture shall score agricultural chemical sites with releases or threatened releases of hazardous substances, or pollutants or contaminants.
All eligible sites must be assigned to a response action class based on the criteria in part 7044.0450. The site of the release or the threatened release must be added to the permanent list of priorities during the next annual update as specified in part 7044.0600.
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; 17 SR 2328*
##### **Minn. R. 7044.0300** [Renumbered 7044.0450] {#sec-7044.0300 omnilex-key=us-mn-regs-official--agency-167--7044.0300}
[Renumbered 7044.0450]
##### **Minn. R. 7044.0350** [Repealed, L 2021 1Sp6 art 2 s 134] {#sec-7044.0350 omnilex-key=us-mn-regs-official--agency-167--7044.0350}
[Repealed, L 2021 1Sp6 art 2 s 134]
##### **Minn. R. 7044.0400** [Renumbered 7044.0250] {#sec-7044.0400 omnilex-key=us-mn-regs-official--agency-167--7044.0400}
[Renumbered 7044.0250]
##### **Minn. R. 7044.0450** Classification and Reclassification of Sites {#sec-7044.0450 omnilex-key=us-mn-regs-official--agency-167--7044.0450}
**Subpart 1. Classifications.**
Sites with a release or a threatened release shall be assigned to the following response action classes:
A. a declared emergency by the commissioner;
B. the operation and maintenance at a site that has undergone previous response actions;
C. other response actions which may include the first year costs associated with operation and maintenance at a site; and
D. remedial investigations and feasibility studies.
**Subp. 2. Classification of site.**
A site with a release or a threatened release may be assigned to more than one response action class and may be assigned more than once within a response action class if conditions at the site of the release or the threatened release or the diversity of hazardous substances, pollutants, or contaminants require multiple response actions. Assignment of a site with a release or a threatened release to a response action class must be based on the response action necessary to abate the known or suspected dangers associated with hazardous substances, pollutants, or contaminants at the site of the release or the threatened release.
At the time of proposing to list a site on the permanent list of priorities, the Pollution Control Agency shall indicate the appropriate classifications for a PCA site. The commissioner of agriculture shall indicate the appropriate classifications for an agricultural chemical site.
**Subp. 3. Reclassification of site.**
The commissioner may reclassify a site or an operable unit of a site between updates in the permanent list of priorities based on completion of response actions for that class at the site or an operable unit of the site. A site may be reclassified based on the findings and recommendations of a remedial investigation and feasibility study.
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; L 1987 c 186 s 15; 17 SR 2328*
##### **Minn. R. 7044.0500** [Renumbered 7044.0950] {#sec-7044.0500 omnilex-key=us-mn-regs-official--agency-167--7044.0500}
[Renumbered 7044.0950]
##### **Minn. R. 7044.0600** Annual Update of the Permanent List of Priorities {#sec-7044.0600 omnilex-key=us-mn-regs-official--agency-167--7044.0600}
The Pollution Control Agency shall update the permanent list of priorities at least annually. In preparation for updating the permanent list of priorities, the commissioner of agriculture shall submit agricultural chemical sites to the commissioner of the Pollution Control Agency for proposed inclusion on, or deletion from, the permanent list of priorities. The commissioner of the Pollution Control Agency shall submit the sites proposed for addition or deletion by the commissioner of agriculture together with sites proposed for addition or deletion by the Pollution Control Agency to the Pollution Control Agency for inclusion in the proposed update of the permanent list of priorities to be published in the State Register.
Notice of any update of the permanent list of priorities together with the list of sites proposed to be added to or deleted from the list must be published in the State Register to allow a 30-day public comment period prior to action by the Pollution Control Agency or by the commissioner of agriculture. The Pollution Control Agency shall review and respond to public comments regarding sites proposed for listing on, or deletion from, the permanent list of priorities by the Pollution Control Agency. The commissioner of agriculture shall review and respond to public comments regarding sites proposed for listing on, or deletion from, the permanent list of priorities by the commissioner of agriculture.
A site may be rescored based on information obtained during the 30-day comment period or based on information from a completed RI/FS if the commissioner determines that new or additional facts warrant rescoring. A site may not be rescored based on remedial, removal, or response actions conducted following the commencement of site investigation and scoring activities by the Pollution Control Agency or the commissioner of agriculture.
Within 15 days after the comment period has closed, the commissioner of agriculture shall notify any person who has commented on an agricultural chemical site proposed to be added to, or deleted from, the permanent list of priorities that a public meeting will be held at the request of any person making a comment. After considering all comments, including those expressed at the public meeting, the commissioner of agriculture shall create a list of agricultural chemical sites for inclusion on, or deletion from, the permanent list of priorities. The commissioner shall forward this list of sites to the Pollution Control Agency for inclusion on, or deletion from, the permanent list of priorities.
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; L 1987 c 186 s 15; 17 SR 2328*
##### **Minn. R. 7044.0650** Annual Project Lists {#sec-7044.0650 omnilex-key=us-mn-regs-official--agency-167--7044.0650}
The commissioner of the Pollution Control Agency and the commissioner of agriculture shall each establish a project list based on the amount of ERLA funds allocated by the respective agency for each class. The project list is a subset of the permanent list of priorities. The project list must contain the names of those sites to which ERLA funding will be allocated and for which the response action or RI/FS is scheduled to begin during the year. Sites on the permanent list of priorities may be added to a project list and funded when the appropriate commissioner determines that excess ERLA funds allocated by each respective agency are available as a result of, for example, a party assuming responsibility for work at a site or a cost saving in the response actions taken at a site. Class A sites not on the project list that develop or are brought to the attention of the commissioner must be funded with Class A contingency funds as directed in part 7044.0750, item A. Before taking any removal and remedial action for a release or a threatened release of a hazardous substance, pollutant, or contaminant, the agency shall follow the procedures specified in Minnesota Statutes, section 115B.17. The project list must be revised annually. The commissioners may amend their respective project lists between annual revisions. Funding for sites on the project lists must remain in effect until the next project list is established or amended or until the work for which the site was placed on the list is completed, whichever date is later.
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; L 1987 c 186 s 15; 17 SR 2328*
##### **Minn. R. 7044.0700** [Renumbered 7044.0750] {#sec-7044.0700 omnilex-key=us-mn-regs-official--agency-167--7044.0700}
[Renumbered 7044.0750]
##### **Minn. R. 7044.0750** Funding Priority of Classes {#sec-7044.0750 omnilex-key=us-mn-regs-official--agency-167--7044.0750}
ERLA funds shall be allocated to classes in the following order:
A. All sites classified as part 7044.0450, subpart 1, item A (Class A) receive first priority over all other classes for agency action. The agency shall also allocate ERLA funds to be held in reserve during the next year to fund emergencies that may be declared during the year. The amount of the contingency fund must be estimated based on the funds expended on declared emergencies in previous years. If the contingency fund is depleted before the end of the year, funds allocated for Class C or D projects that are not yet committed are available for response actions that must be taken in connection with a declared emergency.
B. After all Class A sites have ERLA funds allocated and a Class A contingency fund has been established, all sites classified as part 7044.0450, subpart 1, item B (Class B) receive next priority for ERLA funding. ERLA funds may not be spent for the purpose of operation or maintenance of a community water supply system with the exception of start-up operational and maintenance expenditures deemed necessary by the agency during the first year the system is in operation.
C. After all Class A sites have ERLA funds allocated and a Class A contingency fund has been established, and all Class B sites have ERLA funds allocated, the agency shall allocate ERLA funds to part 7044.0450, subpart 1, item C (Class C) and to part 7044.0450, subpart 1, item D (Class D) sites.
D. The commissioner may reallocate excess ERLA funds from one class to another if the funding priorities in this part and part 7044.0850 are complied with, and the commissioner determines that a site on the permanent list of priorities is ready for the agency to proceed with a response action prior to the next update.
E. Class A contingency funds may not be transferred to another class.
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; L 1987 c 186 s 15; 17 SR 2328*
##### **Minn. R. 7044.0800** [Renumbered 7044.0850] {#sec-7044.0800 omnilex-key=us-mn-regs-official--agency-167--7044.0800}
[Renumbered 7044.0850]
##### **Minn. R. 7044.0850** Funding Priority Within Classifications C and D {#sec-7044.0850 omnilex-key=us-mn-regs-official--agency-167--7044.0850}
Sites listed in classifications C and D must be ranked according to their HRS scores. The commissioner may allocate funds within each of the two classes to any site with a release or a threatened release that is within ten HRS points of the highest scored site within the class, based upon the cost of the necessary response actions; the effect of the release or the threatened release on public health, welfare, or the environment; and the administrative capabilities of the agency. If there are no other sites within ten HRS points of the highest scored site within the class, the commissioner may allocate funds to the next highest scoring site or sites.
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; L 1987 c 186 s 15; 17 SR 2328*
##### **Minn. R. 7044.0900** [Renumbered 7044.0650] {#sec-7044.0900 omnilex-key=us-mn-regs-official--agency-167--7044.0900}
[Renumbered 7044.0650]
##### **Minn. R. 7044.0950** Deletion of Sites from Permanent List of Priorities {#sec-7044.0950 omnilex-key=us-mn-regs-official--agency-167--7044.0950}
**Subpart 1. Requirement.**
The Pollution Control Agency shall delete a site from the permanent list of priorities at the next update if:
A. all response actions, including operation and maintenance, required at the site have been completed;
B. the Pollution Control Agency determines that a PCA site no longer poses a threat to public health or welfare or the environment from a release or a threatened release of a hazardous substance, or pollutant or contaminant; or
C. the commissioner of agriculture determines that an agricultural chemical site no longer poses a threat to public health or welfare or the environment from a release or threatened release of an agricultural chemical.
**Subp. 2.**
[Repealed, 17 SR 2328]
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; 17 SR 2328*
##### **Minn. R. 7044.1000** [Renumbered 7044.0350] {#sec-7044.1000 omnilex-key=us-mn-regs-official--agency-167--7044.1000}
[Renumbered 7044.0350]
##### **Minn. R. 7044.1100** Reimbursement for Past Response Actions {#sec-7044.1100 omnilex-key=us-mn-regs-official--agency-167--7044.1100}
Reimbursement claims, by a private person for expenditures made before July 1, 1983, to provide alternative water supplies deemed necessary by the agency and the Department of Health to protect the public health from contamination resulting from the release of a hazardous substance, must have been filed with the Pollution Control Agency within 12 months from July 10, 1984. A reimbursement claim filed after the 12-month deadline is invalid. The agency shall consider reimbursement of only the reasonable expenses for the types of costs which would have been incurred by the agency. The agency shall determine the amount of ERLA funds to be allocated to reimbursement claims during the annual update.
**History**
- *Statutory Authority: MS s 14.06; 115B.17*
- *History: 9 SR 58; 17 SR 2328*
##### **Minn. R. 7044.1200** [Repealed, 17 SR 2328] {#sec-7044.1200 omnilex-key=us-mn-regs-official--agency-167--7044.1200}
[Repealed, 17 SR 2328]
## **Chapter 7045** HAZARDOUS WASTE
##### **Minn. R. 7045.0010** [Repealed by amendment, 9 SR 115] {#sec-7045.0010 omnilex-key=us-mn-regs-official--agency-167--7045.0010}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0020** Definitions {#sec-7045.0020 omnilex-key=us-mn-regs-official--agency-167--7045.0020}
**Subpart 1. Scope.**
As used in this chapter, the following words shall have the meanings given them.
**Subp. 1a. Aboveground tank.**
"Aboveground tank" means a device meeting the definition of "tank" in subpart 90 and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank, including the tank bottom, is able to be visually inspected.
**Subp. 2. Act.**
"Act" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, United States Code, title 42, sections 3259 and 6901 to 6986, as amended.
**Subp. 2a. Active life.**
"Active life" of a facility means the period from the initial receipt of hazardous waste at the facility until the commissioner receives certification of final closure.
**Subp. 3. Active portion.**
"Active portion" means that portion of a facility, other than a closed portion, where treatment, storage, or disposal operations are being or have been conducted after July 16, 1984.
**Subp. 3a. Acute hazardous waste.**
"Acute hazardous waste" means waste listed as acute hazardous waste in part 7045.0135 or waste designated acute hazardous waste in part 7045.0129, subpart 3.
**Subp. 4. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 4a. Ancillary equipment.**
"Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank, between hazardous waste storage and treatment tanks to a point of disposal on site, or to a point of shipment for disposal off site.
**Subp. 5. Aquifer.**
"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.
**Subp. 6. Authorized representative.**
"Authorized representative" means the person responsible for the overall operation of a facility or an operational unit which is part of a facility, such as the plant manager, superintendent, or a person of equivalent responsibility.
**Subp. 6a. Boiler.**
"Boiler" means an enclosed device using controlled flame combustion and having the characteristics specified in item A or B. If used oil or hazardous waste is to be used as a fuel in an industrial boiler or a utility boiler, these boilers must meet the additional criteria in items C and D.
A. (1) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluid, or heated gases.
B. The unit is one which the commissioner has determined meets the criteria for a boiler after considering the standards in part 7045.0075, subpart 4.
C. An industrial boiler burning used oil or hazardous waste as a fuel must be located on the site of an establishment engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes.
D. A utility boiler burning used oil or hazardous waste as a fuel must be one that is used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.
**Subp. 6b. By-product.**
"By-product" means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms.
**Subp. 6c. Burner.**
"Burner" means an owner or operator of an industrial furnace, industrial boiler, or utility boiler meeting the definition of industrial furnace in subpart 43b or boiler in subpart 6a.
**Subp. 6d. Cathodic protection.**
"Cathodic protection" means the technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. A tank can be cathodically protected through the application of either galvanic anodes or impressed current.
**Subp. 7. Certification.**
"Certification" means a statement of professional opinion based upon knowledge and belief.
**Subp. 8. Chemical composition.**
"Chemical composition" means any of the following:
A. a standard chemical nomenclature such as those adopted by the International Union of Pure and Applied Chemistry or the Chemical Abstracts' Service;
B. a common chemical name when it is documented to the commissioner that the number of isomers, related compounds of similar chemical structure and property, etc., make chemical analysis or delineation impractical; or
C. a common chemical name of a mixture of components with similar properties, but not including a trade name.
**Subp. 9. Closed portion.**
"Closed portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements.
**Subp. 9a. Collector.**
"Collector" means an initial transporter who receives used oil only from generators and does not market the used oil directly to a person who burns it for energy recovery.
**Subp. 9b. Combustible liquid.**
"Combustible liquid" has the meaning given in Code of Federal Regulations, title 49, section 173.120, paragraph (b), as amended.
**Subp. 9c. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency or the commissioner's designee. In federal regulations adopted by reference, the terms "regional administrator" and "director" mean "commissioner."
**Subp. 9d. Compatible.**
"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another. For a secondary containment seal, the impermeability of the seal must be maintained upon contact with a stored substance. For substances, two or more substances, if mixed, must not create a new hazard.
**Subp. 9e. Component.**
"Component" means either a tank or ancillary equipment of a tank system.
**Subp. 10. Confined aquifer.**
"Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.
**Subp. 10a. Consignee.**
"Consignee" means the ultimate treatment, storage, or disposal facility in a receiving country to which the hazardous waste will be sent.
**Subp. 10b. Construction commenced.**
"Construction commenced" is related to the definition of "existing facility," and has the following meaning. A facility has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and:
A. a continuous on-site, physical construction program has begun; or
B. the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the facility to be completed within a reasonable time.
**Subp. 11. Container.**
"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
**Subp. 11a. Containment building.**
"Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of parts 7045.0550 and 7045.0649.
**Subp. 12. Contingency plan.**
"Contingency plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
**Subp. 13. Control equipment.**
"Control equipment" means an "air containment treatment facility" or a "treatment facility" as defined in Minnesota Statutes, section 116.06, subdivision 3.
**Subp. 13a.**
[Repealed, 29 SR 947]
**Subp. 13b. Corrosion expert.**
"Corrosion expert" means a person who, by reason of knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.
**Subp. 13c. Corrosion protection.**
"Corrosion protection" means a method used to protect a metal tank, piping, or other components from corroding. Corrosion protection includes, but is not limited to, cathodic protection, keeping the metal of the tank from being in direct contact with other surfaces, and the application of coatings designed and maintained to prevent corrosion.
**Subp. 14. Demolition debris.**
"Demolition debris" means concrete, blacktop, bricks, stone facing, concrete block, stucco, glass, structural metal, and wood from demolished structures.
**Subp. 15. Designated facility.**
A. "Designated facility" means:
B. If a designated facility is located in an Environmental Protection Agency authorized state which has not yet obtained authorization to regulate the hazardous waste it is receiving as hazardous, the designated facility must be a facility allowed by the receiving state to accept the waste.
**Subp. 15a. Destination facility.**
"Destination facility" has the meaning given at Code of Federal Regulations, title 40, section 273.9.
**Subp. 15b. Detect and detection.**
"Detect" and "detection" refer to the finding of statistically significant evidence of contamination as described in part 7045.0484, subpart 12, item F.
**Subp. 16. Dike.**
"Dike" means an embankment or ridge of either natural or synthetic materials used to prevent the movement of liquids, sludges, solids, or other materials.
**Subp. 17.**
[Repealed by amendment, L 1987 c 186 s 15]
**Subp. 18. Discarded.**
"Discarded" means abandoned by being:
A. disposed of;
B. burned or incinerated; or
C. accumulated, stored, or treated, but not recycled, before or in lieu of being disposed of, burned, or incinerated.
**Subp. 19. Disposal.**
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
**Subp. 20. Disposal facility.**
"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
**Subp. 20a. Drip pad.**
"Drip pad" means an engineered structure consisting of a curbed, free-draining base, constructed of nonearthen materials and designed to convey preservative kickback or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.
**Subp. 21. Elementary neutralization unit.**
"Elementary neutralization unit" means a device which:
A. is used for neutralizing wastes which are hazardous wastes only because they exhibit the corrosivity characteristic defined in part 7045.0131, subpart 4, or are listed in part 7045.0135 only for this reason; and
B. meets the definition of tank, tank system, container, transport vehicle, or vessel.
**Subp. 21a. EPA Acknowledgment of Consent.**
"EPA Acknowledgment of Consent" means the cable sent to EPA from the United States Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.
**Subp. 21b.**
[Repealed, 22 SR 5]
**Subp. 22. Equivalent method.**
"Equivalent method" means any testing or analytical method approved by the commissioner under part 7045.0075, subpart 1.
**Subp. 22a. Exceed and exceeded.**
"Exceed" and "exceeded" refer to the finding of statistically significant evidence of increased contamination as described in part 7045.0484, subpart 13, item D.
**Subp. 22b. Excluded scrap metal.**
"Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
**Subp. 22c. Existing drip pad.**
"Existing drip pad" means a drip pad that:
A. is or was used to manage hazardous waste with the waste code of F032 and was constructed, or for which the owner or operator had a design and had entered into binding financial or other agreements for construction, before December 6, 1990; or
B. is used to manage hazardous waste with the waste code of F034 or F035 and was constructed, or for which the owner or operator had a design and had entered into binding financial or other agreements for construction, before July 25, 1994.
**Subp. 22d. Existing hazardous waste management facility or existing facility.**
"Existing hazardous waste management facility" or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980. See subpart 10b for definition of "construction commenced."
**Subp. 23. Existing portion.**
"Existing portion" means the land surface area of an existing waste management unit that is included in the original Part A permit application, and on which wastes have been placed before a permit has been issued.
**Subp. 23a. Existing tank system or existing component.**
"Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste that is in operation, or for which installation has commenced on or before August 8, 1988, or a tank system or component that is regulated as an existing tank system or component under Code of Federal Regulations, title 40, section 260.10. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either (1) a continuous on-site physical construction or installation program has begun, or (2) the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.
**Subp. 24. Facility.**
"Facility" means:
A. all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units, such as one or more landfills, surface impoundments, or combinations thereof; and
B. for the purpose of implementing corrective action under part 7045.0485, all contiguous property under the control of an owner or operator seeking a permit under parts 7001.0010 to 7001.0730 or subtitle C of RCRA, including facilities implementing corrective action under part 7045.0275, subpart 3, or RCRA, section 3008(h); however a remediation waste management site is not a facility that is subject to part 7045.0485, unless the remediation waste management site is located within a facility that is subject to part 7045.0485.
**Subp. 24a. Final closure.**
"Final closure" means the closure of all hazardous waste management units at the facility in accordance with the approved facility closure plan and all applicable closure requirements.
**Subp. 24b. Flammable liquid.**
"Flammable liquid" has the meaning given in Code of Federal Regulations, title 49, section 173.120, as amended.
**Subp. 25. Flash point.**
"Flash point" means the minimum temperature at which a material gives off vapor in sufficient concentration to form an ignitable mixture with air near the surface of the material when in contact with a spark or flame.
**Subp. 26. Food chain crops.**
"Food chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.
**Subp. 27. Formation.**
"Formation" means a body of soil or rock characterized by a degree of lithologic homogeneity which is prevailing, but not necessarily tabular, and is mappable on the earth's surface or traceable in the subsurface.
**Subp. 28. Freeboard.**
"Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
**Subp. 29. Free liquids.**
"Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
**Subp. 30. Garbage.**
"Garbage" means discarded material resulting from the handling, processing, storage, preparation, serving, and consumption of food.
**Subp. 31. Generator.**
"Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in parts 7045.0102 to 7045.0155, or whose act first causes a hazardous waste to become subject to regulation. "Generator" means all size generators including large quantity generators, small quantity generators, and very small quantity generators, unless specifically stated otherwise.
**Subp. 32. Ground water or underground water.**
"Ground water" or "underground water" has the meaning given in part 7060.0300.
**Subp. 32a. Halogenated organic compounds or HOC's.**
"Halogenated organic compounds" or "HOC's" means those compounds having a carbon-halogen bond that are listed under Appendix III of Code of Federal Regulations, title 40, part 268, as amended.
**Subp. 33. Hazardous waste.**
"Hazardous waste" has the meaning given in Minnesota Statutes, section 116.06, subdivision 11.
**Subp. 34. Hazardous waste constituent.**
"Hazardous waste constituent" means a constituent that caused the commissioner to list the waste in part 7045.0135 or a constituent listed in part 7045.0141.
**Subp. 34a. Hazardous waste fuel.**
"Hazardous waste fuel" means a hazardous waste that is burned for energy recovery and includes fuel that is produced from hazardous waste by processing, blending, or other treatment, except for those blended fuels described as used oil in part 7045.0800.
**Subp. 35. Hazardous waste incinerator.**
"Hazardous waste incinerator" means an enclosed device using controlled flame combustion, a purpose of which is to thermally break down hazardous waste and that neither meets the criteria for classification as a boiler nor is listed or can be classified as an industrial furnace.
**Subp. 36. Hazardous waste management.**
"Hazardous waste management" means the total system for the identification, storage, collection, source separation, and removal of hazardous waste from public or private property, the transportation of the waste to a hazardous waste facility, and the processing, treatment, recovery, and disposal of the waste by approved methods in accordance with this chapter. Any reference to hazardous waste being managed shall refer to the foregoing.
**Subp. 36a. Hazardous waste management unit.**
"Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system, and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
**Subp. 37. Hazardous waste number.**
"Hazardous waste number" means the number assigned to each hazardous waste listed in part 7045.0135 and to each characteristic identified in part 7045.0131.
**Subp. 37a. Home scrap metal.**
"Home scrap metal" means scrap metal as generated by steel mills, foundries, and refineries, such as turnings, cuttings, punchings, and borings.
**Subp. 37b. Household.**
"Household" has the meaning given in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (a).
**Subp. 37c. Household battery.**
"Household battery" means a disposable or rechargeable dry cell, generated by a household and commonly used as a power source for household products. "Household battery" includes nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc oxide, zinc-air, lithium, and zinc-carbon batteries, but excludes lead-acid batteries.
**Subp. 37d. Household hazardous waste.**
"Household hazardous waste" has the meaning given in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (b).
**Subp. 37e. Household hazardous waste collection site or collection site.**
"Household hazardous waste collection site" or "collection site" as used in part 7045.0310 has the meaning established under Minnesota Statutes, section 115A.96, subdivision 1, paragraph (c).
**Subp. 37f. Household waste.**
"Household waste" means any material including garbage, trash, and sanitary waste in septic tanks derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.
**Subp. 38. Identification number.**
"Identification number" means the number assigned to each generator, transporter, and treatment, storage, or disposal facility by either the Environmental Protection Agency, the state of Minnesota, or a state with a hazardous waste program authorized by the Environmental Protection Agency pursuant to Code of Federal Regulations, title 40, part 271, as amended.
**Subp. 38a. Impermeable.**
"Impermeable" means unable to be passed through.
**Subp. 39. In operation.**
"In operation" means a facility which is treating, storing, or disposing of hazardous waste.
**Subp. 40. Inactive portion.**
"Inactive portion" means that portion of a facility which is not operated after July 16, 1984.
**Subp. 40a. Incidental burner.**
"Incidental burner" means a person who burns some used oil fuel for purposes of processing other used oil or treating other used oil to produce used oil fuel for marketing. These persons are considered to be burning incidentally to processing.
**Subp. 41. Incompatible wastes.**
"Incompatible wastes" means a hazardous waste which is unsuitable for:
A. placement in a particular device or facility because it may cause corrosion or decay of containment materials such as the container inner liners or tank walls; or
B. commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reactions, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.
**Subp. 42. Independent registered engineer.**
"Independent registered engineer" means a registered engineer who is not a regular employee of the owner or operator of the facility, but rather is consulted on an intermittent basis.
**Subp. 43. Individual generation site.**
"Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.
**Subp. 43a. Indoor storage.**
"Indoor storage" means storage within a permanently constructed building consisting of at least a roof and three walls permanently affixed to an impermeable floor placed on the ground.
**Subp. 43b. Industrial furnace.**
"Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or energy: cement kilns; lime kilns; aggregate kilns; phosphate kilns; coke ovens; blast furnaces; smelting, melting, and refining furnaces, including pyrometallurgical devices, such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces; titanium dioxide chloride process oxidation reactors; methane reforming furnaces; pulping liquor recovery furnaces; combustion devices used in the recovery of sulfur values from spent sulfuric acid; and such other devices as the commissioner determines qualify for inclusion based on one or more of the following factors:
A. the design and use of the device primarily to accomplish recovery of material products;
B. the use of the device to burn or reduce raw materials to make a material product;
C. the use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as feedstocks;
D. the use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product; or
E. the use of the device in common industrial practice to produce a material product.
**Subp. 43c. Inground tank.**
"Inground tank" means a device meeting the definition of "tank" in subpart 90 whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.
**Subp. 44. Injection well.**
"Injection well" means a well into which fluids are injected.
**Subp. 45. Inner liner.**
"Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.
**Subp. 45a.**
[Repealed, 33 SR 2042]
**Subp. 45b. Installation inspector.**
"Installation inspector" means a person who, by knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.
**Subp. 46. Interim status.**
"Interim status" has the meaning given in part 7045.0554.
**Subp. 47. International shipment.**
"International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.
**Subp. 47a. Land disposal.**
"Land disposal" means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.
**Subp. 48. Land treatment facility.**
"Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface. Such facilities are disposal facilities if the waste will remain after closure.
**Subp. 49. Landfill.**
"Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.
**Subp. 50. Landfill cell.**
"Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.
**Subp. 51. Leachate.**
"Leachate" means any liquid including any suspended components in the liquid, that has percolated through or drained from hazardous waste.
**Subp. 51a. Leak detection system.**
"Leak detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls, such as daily visual inspections for releases into the secondary containment system of aboveground tanks, or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.
**Subp. 52. Liner.**
"Liner" means a continuous layer of reworked natural or synthetic materials beneath or on the sides of a surface impoundment, landfill, landfill cell, or waste pile, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.
**Subp. 53. Manifest.**
"Manifest" means the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A) originated and signed by the generator or offeror in accordance with the instructions in the appendix to Code of Federal Regulations, title 40, part 262, and the applicable requirements of this chapter.
**Subp. 54.**
[Repealed, 31 SR 1277]
**Subp. 54a. Manifest tracking number.**
"Manifest tracking number" means the alphanumeric identification number (a unique three-letter suffix preceded by nine numerical digits), which is preprinted in item 4 of the manifest by a registered source.
**Subp. 55. Manufacturing or mining by-product.**
"Manufacturing or mining by-product" means a material that is not one of the primary products of a particular manufacturing or mining operation, and is a secondary and incidental product of the particular operation and would not be solely and separately manufactured or mined by the particular manufacturing or mining operation. The term does not include an intermediate manufacturing or mining product which results from one of the steps in a manufacturing or mining process and is typically processed through the next step of the process within a short time.
**Subp. 55a. Marketer.**
"Marketer" means a generator who markets hazardous waste fuel or used oil fuel directly to a burner; a person who receives hazardous waste or used oil from generators and produces, processes, or blends hazardous waste fuel from these hazardous wastes, or blends used oil from these oils; a person who distributes but does not process or blend hazardous waste fuel or used oil; and a person who sends blended or processed used oils to brokers or other intermediaries.
**Subp. 56. Median lethal concentration.**
"Median lethal concentration" means the calculated concentration at which a material kills 50 percent of a group of test animals within a specified time.
**Subp. 57. Median lethal dose.**
"Median lethal dose" means the calculated dose at which a material kills 50 percent of a group of test animals within a specified time.
**Subp. 58. Mining overburden returned to the mine site.**
"Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.
**Subp. 58a. Miscellaneous unit.**
"Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under Code of Federal Regulations, title 40, part 146, containment building, corrective action management unit, staging pile, or unit eligible for a research, development, and demonstration permit under part 7001.0712.
**Subp. 58b. Mixed municipal solid waste.**
"Mixed municipal solid waste" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 21.
**Subp. 59. Movement.**
"Movement" means hazardous waste that is transported to a facility in an individual vehicle.
**Subp. 59a. New drip pad.**
"New drip pad" means a drip pad that:
A. is or was used to manage hazardous waste with the waste code of F032 and was constructed, or for which the owner or operator had or has a design and had or has entered into binding financial or other agreements for construction, on or after December 6, 1990; or
B. is used to manage hazardous waste with the waste code of F034 or F035 and was constructed, or for which the owner or operator had or has a design and had or has entered into binding financial or other agreements for construction, on or after July 25, 1994.
**Subp. 59b. New tank system or new tank component.**
"New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after August 8, 1988, or a tank system or component that is regulated as a new tank system or component under Code of Federal Regulations, title 40, section 260.10, as amended. However, for purposes of obtaining approval for a petition under part 7045.0075, subpart 7, a new tank system is one for which construction commences after the applicable effective dates of regulation as required in this subpart.
**Subp. 59c. Nonwastewater.**
"Nonwastewater" means hazardous waste that is not wastewater as defined in subpart 102c.
**Subp. 59d. Off-specification used oil.**
"Off-specification used oil" means a used oil fuel that exceeds any of the specification levels for the following constituents or has a flash point less than 100 degrees Fahrenheit.
**Subp. 59e. Onground tank.**
"Onground tank" means a device meeting the definition of "tank" in subpart 90 and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.
**Subp. 60. On-site.**
"On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which he or she controls and to which the public does not have access, is also considered on-site property.
**Subp. 60a. On-specification used oil.**
"On-specification used oil" means used oil fuel that does not exceed the specification levels for the constituents in subpart 59d, and has a flash point equal to or greater than 100 degrees Fahrenheit.
**Subp. 61. Open burning.**
"Open burning" means the combustion of any material without the following characteristics:
A. control of combustion air to maintain adequate temperature for efficient combustion;
B. containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; or
C. control of emission of the gaseous combustion products.
**Subp. 62. Operator.**
"Operator" means the person responsible for the overall operation of a facility.
**Subp. 62a. Organization for Economic Cooperation and Development or OECD.**
"Organization for Economic Cooperation and Development" or "OECD" means the organization defined in Code of Federal Regulations, title 40, section 262.58(a)(1).
**Subp. 63. Other waste material.**
"Other waste material" means any solid, liquid, semisolid, or gaseous material, resulting from industrial, commercial, mining, or agricultural operations, or from community activities, and which:
A. is discarded or is being accumulated, stored, or physically, chemically, or biologically treated prior to being discarded; or
B. is recycled or is accumulated, stored, or treated prior to being recycled; or
C. is a spent material or by-product.
**Subp. 64. Owner.**
"Owner" means the person who owns a facility or part of a facility.
**Subp. 64a. Outdoor storage.**
"Outdoor storage" means storage that does not meet the requirements of indoor storage as defined in subpart 43a.
**Subp. 65. Partial closure.**
"Partial closure" means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of parts 7045.0450 to 7045.0649 at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank, including its associated piping and containment systems, a landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate.
**Subp. 66. Person.**
"Person" has the meaning given in Minnesota Statutes, section 116.06, subdivision 17.
**Subp. 67. Personnel; facility personnel.**
"Personnel" or "facility personnel" means all persons who work at or oversee the operation of a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of this chapter.
**Subp. 68. Pesticide.**
"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
**Subp. 68a. Petroleum.**
"Petroleum" means:
A. liquid petroleum products as defined in Minnesota Statutes, section 115C.02, subdivision 10;
B. an unused crude oil or fraction of unused crude oil that is liquid at a temperature of 60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute; or
C. constituents of gasoline and unused fuel oil as described under items A and B.
**Subp. 69.**
[Repealed, 10 SR 1688]
**Subp. 70. Pile.**
"Pile" means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.
**Subp. 70a. Pipeline interface material.**
"Pipeline interface material" means off-specification fuel created by the mixing of fuel products of different specifications in a pipeline during transportation.
**Subp. 71. Point source.**
"Point source" has the meaning given in Minnesota Statutes, section 115.01, subdivision 11, but does not include irrigation return flows.
**Subp. 71a. Polychlorinated biphenyls, PCB, or PCB's.**
"Polychlorinated biphenyls, " "PCB," or "PCB's" have the meaning given "PCB" in Minnesota Statutes, section 116.36, subdivision 4.
**Subp. 72. Pretreatment unit.**
"Pretreatment unit" means a device which:
A. is part of a wastewater treatment facility which is subject to regulation under the Federal Water Pollution Control Act Amendments of 1972, United States Code, title 33, section 1317(b), as amended through June 30, 1983;
B. receives and treats or stores an influent wastewater which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; and
C. meets the definition of "tank" as defined in subpart 90.
**Subp. 72a. Primary exporter.**
"Primary exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with Code of Federal Regulations, title 40, part 262, subpart B, as amended, or equivalent state provision, that specifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.
**Subp. 72b. Processed scrap metal.**
"Processed scrap metal" means scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted) and fines, drosses, and related materials that have been agglomerated. Shredded circuit boards being sent for recycling are not processed scrap metal. When recycled, shredded circuit boards are governed by part 7045.0125, subpart 4, item P.
**Subp. 72c. Prompt scrap metal.**
"Prompt scrap metal" means scrap metal as generated by the metal working or fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap metal is also known as industrial or new scrap metal.
**Subp. 73. Publicly owned treatment works.**
"Publicly owned treatment works" means any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature, including recycling and reclamation, which is owned by a state or municipality as defined in the Federal Water Pollution Control Act Amendments of 1972, United States Code, title 33, section 1362(4), as amended. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a publicly owned treatment works providing treatment.
**Subp. 73a. RCRA.**
"RCRA" means the Resource Conservation and Recovery Act, as amended.
**Subp. 73b. Receiving country.**
"Receiving country" means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage, or disposal, except short-term storage incidental to transportation.
**Subp. 73c. Reclamation.**
"Reclamation" means the processing or regeneration of a waste to recover a usable product. Examples are the recovery of lead values from spent batteries and regeneration of spent solvents.
**Subp. 73d. Record or record keeping.**
"Record" or "record keeping" means storing information either in printed form or in a computer storage system or other electronic medium.
**Subp. 73e. Recyclable fuel.**
"Recyclable fuel" means any petroleum fuel which is no longer fit for use and which requires reclamation to be used.
**Subp. 73f. Recycle.**
"Recycle" means the reclamation, reuse, or use of a hazardous waste.
**Subp. 73g. Regional administrator.**
"Regional administrator" means the regional administrator for the United States Environmental Protection Agency, Region V, Chicago, Illinois.
**Subp. 73h. Registered fuel recycling facility.**
"Registered fuel recycling facility" means a facility where the owners or operators have notified the commissioner of its waste management activities according to part 7045.0125, subpart 9, item D, and have received acknowledgment or confirmation by the commissioner that the agency is aware of the facility's waste management activities.
**Subp. 73i. Remediation waste.**
"Remediation waste" means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris, that are managed for implementing cleanup.
**Subp. 73j. Remediation waste management site.**
"Remediation waste management site" means a facility where an owner or operator is or will be treating, storing, or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under part 7045.0485, but is subject to corrective action requirements if the site is located in a facility that is subject to part 7045.0485.
**Subp. 73k. Replacement unit.**
"Replacement unit" means a landfill, surface impoundment, or waste pile unit (1) from which all or substantially all of the waste is removed, and (2) that is subsequently reused to treat, store, or dispose of hazardous waste. Replacement unit does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or state-approved corrective action.
**Subp. 74. Representative sample.**
"Representative sample" means a sample of a universe or whole, such as a waste pile, lagoon, or ground water which can be expected to exhibit the average properties of the universe or whole.
**Subp. 75. Resource recovery.**
"Resource recovery" has the meaning given in Minnesota Statutes, section 115A.03, subdivision 27.
**Subp. 75a. Reuse.**
"Reuse" means employing a waste as an ingredient in an industrial process to make a product or as an effective substitute for a commercial product, provided that distinct components of the waste are not recovered as end products.
**Subp. 76. Rubbish.**
"Rubbish" means discarded paper, cardboard, yard clippings, crop residues, brush, wood, glass, bedding, crockery, or litter.
**Subp. 77. Runoff.**
"Runoff" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
**Subp. 78. Run-on.**
"Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
**Subp. 79. Saturated zone or zone of saturation.**
"Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.
**Subp. 79a. Scrap metal.**
"Scrap metal" means bits and pieces of metal parts (for example, bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (for example, radiators, scrap automobiles, railroad box cars) which when worn or superfluous can be recycled.
**Subp. 80. Seasonal high water table.**
"Seasonal high water table" means the highest level the water table reaches during a given year.
**Subp. 80a. Secondary containment.**
"Secondary containment" means a safeguard specifically designed to contain releases of hazardous waste or hazardous waste constituents from a container or a storage tank or its appurtenances.
**Subp. 81. Sewage.**
"Sewage" has the meaning given in Minnesota Statutes, section 115.01, subdivision 17.
**Subp. 82. Sewer system.**
"Sewer system" has the meaning given in Minnesota Statutes, section 115.01, subdivision 18.
**Subp. 83. Shoreland.**
"Shoreland" has the meaning given in Minnesota Statutes, section 103F.205, subdivision 4, and rules adopted pursuant to that section.
**Subp. 84. Sludge.**
"Sludge" has the meaning given in Minnesota Statutes, section 116.06, subdivision 21.
**Subp. 84a. Sorbent or sorb.**
"Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. "Sorb" means to either adsorb or absorb, or both.
**Subp. 84b. Speculative accumulation.**
"Speculative accumulation" means accumulation of a hazardous waste before it is recycled. Speculative accumulation does not include accumulation of a waste if there is a feasible method of recycling for the waste and at least 75 percent by volume or weight of the waste is recycled during a calendar year. The 75 percent requirement applies to each waste of the same type that is recycled in the same way.
**Subp. 84c. Spent material.**
"Spent material" means a material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.
**Subp. 85. Spill.**
"Spill" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, or dumping into or on any land or water of hazardous wastes or materials which, when spilled, become hazardous wastes.
**Subp. 85a. Staging pile.**
"Staging pile" means an accumulation of solid, nonflowing remediation waste that is not a containment building and is used only during remedial operations for temporary storage at a facility. Staging piles must be designated by the commissioner according to the requirements of part 7045.0547.
**Subp. 86. State.**
"State" means the state of Minnesota.
**Subp. 87. Storage.**
"Storage" means the holding of hazardous waste for a temporary period at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.
**Subp. 87a. Sump.**
"Sump" means any pit or reservoir that meets the definition of "tank" and those troughs or trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, sump means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.
**Subp. 88. Surface impoundment or impoundment.**
"Surface impoundment" or "impoundment" means a facility or part of a facility which is a natural topographic depression, excavation made by humans, or diked area formed primarily of earthen materials which is designed to hold an accumulation of liquid wastes or wastes containing free liquids and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons. Impoundments may be lined with synthetic materials.
**Subp. 89. Surficial karst features.**
"Surficial karst features" means features formed in soluble bedrock and which have surficial expressions or are shallow enough to potentially affect the integrity of an overlying facility.
**Subp. 90. Tank.**
"Tank" means a stationary device designed to contain an accumulation of hazardous waste which is constructed primarily of nonearthen materials, such as wood, concrete, steel, and plastic, which provide structural support.
**Subp. 90a. Tank system.**
"Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.
**Subp. 90b. Temporary unit.**
"Temporary unit" means a tank or container used to treat or store remediation waste for a period of less than one year, as governed by part 7045.0546.
**Subp. 91. Thermal treatment.**
"Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. "Thermal treatment" includes processes of incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge.
**Subp. 92. Totally enclosed treatment facility.**
"Totally enclosed treatment facility" means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.
**Subp. 93. Transfer facility.**
"Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation.
**Subp. 93a. Transit country.**
"Transit country" means any foreign country, other than a receiving country, through which a hazardous waste is transported.
**Subp. 94. Transportation.**
"Transportation" means the movement of hazardous waste by air, rail, highway, or water.
**Subp. 95. Transport vehicle.**
"Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body, such as a trailer or railroad freight car, is a separate transport vehicle.
**Subp. 96. Transporter.**
"Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway, or water.
**Subp. 96a. Treatability study.**
"Treatability study" means a study in which a hazardous waste is subjected to a treatment process to determine:
A. whether the waste is amenable to the treatment process;
B. what pretreatment might be required;
C. the optimal process conditions needed to achieve the desired treatment;
D. the efficiency of a treatment process for a specific waste or wastes; or
E. the characteristics and volumes of residuals from a particular treatment process. Also included in this definition, for the purpose of the exemptions of part 7045.0121, are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A treatability study is not a means to commercially treat or dispose of hazardous waste.
**Subp. 97. Treatment.**
"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize the waste, or so as to recover energy or material resources from the waste, or so as to render the waste nonhazardous, or less hazardous, safer to transport, store, or dispose of, or amenable for recovery, amenable for storage, or reduced in volume.
**Subp. 98. Treatment zone.**
"Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized.
**Subp. 98a. Underground tank.**
"Underground tank" means a device meeting the definition of "tank" in subpart 90 whose entire surface area is totally below the surface of and covered by the ground.
**Subp. 98b. Underlying hazardous constituent.**
"Underlying hazardous constituent" means any constituent listed in Code of Federal Regulations, title 40, section 268.48, Table UTS - Universal Treatment Standards, as incorporated in part 7045.1390, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.
**Subp. 98c. Unfit for use tank system.**
"Unfit for use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.
**Subp. 98d. Universal waste.**
"Universal waste" has the meaning given at Code of Federal Regulations, title 40, section 273.9.
**Subp. 98e. Universal waste handler.**
"Universal waste handler" has the meaning given at Code of Federal Regulations, title 40, section 273.9.
**Subp. 98f. Universal waste transporter.**
"Universal waste transporter" has the meaning given at Code of Federal Regulations, title 40, section 273.9.
**Subp. 99. Unsaturated zone; zone of aeration.**
"Unsaturated zone" or "zone of aeration" means the zone between the land surface and the water table.
**Subp. 100. Uppermost aquifer.**
"Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.
**Subp. 100a. Used oil.**
"Used oil" means any oil which has been refined from crude oil or any synthetic oil derived from coal, shale, or polymer or nonpolymer base, that has been used as a lubricant, heat transfer fluid, hydraulic fluid, or for similar uses, and as a result of such use has become contaminated by physical or chemical impurities. Lubricants include, but are not limited to motor oil, greases, metalworking lubricants including aqueous metalworking lubricants containing petroleum oil, emulsions, and refrigerant oils. Heat transfer fluids include, but are not limited to, coolants, heating media, and electrical insulation oils. Hydraulic fluids include, but are not limited to, transmission fluids, power steering fluids, and brake fluids. Virgin oils of the types described in this subpart that are intentionally disposed in solid waste, or in or on the land or waters of the state before being used for their original intended purpose are used oil. Used oil does not include: petroleum-based products used as solvents; product fuels; ethylene and propylene glycol antifreeze; wastewater from which used oil has been recovered to the extent possible; used oil residues and sludges generated from used oil storage, processing, and rerefining that are not usable as used oil fuel and are not able to be processed into used oil fuel; and virgin oil that is unintentionally disposed. Other terms related to used oil are defined in part 7045.0790.
**Subp. 100b. Used oil filter.**
"Used oil filter" means a device attached to a vehicle, machine, or piece of equipment used for removing contaminants from lubricating oil that as a result of being used has become contaminated with oil and other contaminants.
**Subp. 100c. Used oil fuel.**
"Used oil fuel" means used oil that is burned for energy recovery, and includes fuel produced from used oil by processing, blending, or other treatment, except for those blended fuels described as hazardous waste in part 7045.0800.
**Subp. 100d. Vault system.**
"Vault system" means an underground, concrete or equivalent, impermeable secondary containment structure consisting of four walls, a floor, and roof used to encapsulate one or more tanks.
**Subp. 101. Vessel.**
"Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water.
**Subp. 102. Waste.**
"Waste" has the meaning given in Minnesota Statutes, section 116.06, subdivision 23.
**Subp. 102a. Waste household battery.**
"Waste household battery" means a household battery which is discarded before use.
**Subp. 102b.**
[Repealed, 20 SR 715]
**Subp. 102c. Wastewater.**
"Wastewater" means waste that contains less than one percent by weight total organic carbon (TOC) and less than one percent by weight total suspended solids (TSS), with the following exceptions:
A. F001, F002, F003, F004, or F005 wastewaters are solvent-water mixtures that contain less than one percent by weight total organic carbon or less than one percent by weight total F001, F002, F003, F004, or F005 solvent constituents listed in Code of Federal Regulations, title 40, section 268.40, as incorporated in part 7045.1390;
B. K011, K013, or K014 wastewaters that contain less than five percent by weight total organic carbon and less than one percent by weight total suspended solids as generated; or
C. K0103 or K0104 wastewaters that contain less than four percent by weight total organic carbon and less than one percent by weight total suspended solids.
**Subp. 103. Wastewater treatment unit.**
"Wastewater treatment unit" means a device which:
A. is part of a wastewater treatment facility which is subject to regulation under the Federal Water Pollution Control Act Amendments of 1972, United States Code, title 33, sections 1317(b) and 1342, as amended;
B. receives and treats or stores an influent wastewater which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; and
C. meets the definition of "tank" as defined in subpart 90, or "tank system" as defined in subpart 90a.
**Subp. 104. Water bulk shipment.**
"Water bulk shipment" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.
**Subp. 105. Waters of the state.**
"Waters of the state" has the meaning given in Minnesota Statutes, section 115.01, subdivision 22.
**Subp. 106. Water table.**
"Water table" means the surface of the ground water at which the pressure is atmospheric. Generally, this is the top of the saturated zone.
**Subp. 107. Well.**
"Well" means any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.
**Subp. 108. Wetland.**
"Wetland" has the meaning given to "wetlands" in part 7050.0130, item F.
**Subp. 109. Zone of engineering control.**
"Zone of engineering control" means an area under the control of the owner or operator that, upon detection of a hazardous waste release, can be readily cleaned up before the release of hazardous waste or hazardous constituents to ground water or surface water.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 116.37*
- *History: 9 SR 115; 9 SR 2118; 10 SR 1688; 11 SR 1832; 11 SR 2415; L 1987 c 186 s 15; 12 SR 1660; 13 SR 259; 13 SR 1238; 13 SR 2761; 14 SR 1718; 14 SR 2248; 15 SR 801; 15 SR 1515; 15 SR 1877; 16 SR 197; 16 SR 2102; 16 SR 2239; 17 SR 1279; 18 SR 1565; 18 SR 1751; 18 SR 1886; 18 SR 2195; 20 SR 714; 20 SR 715; 22 SR 5; 29 SR 947; 30 SR 43; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0030** [Repealed by amendment, 9 SR 115] {#sec-7045.0030 omnilex-key=us-mn-regs-official--agency-167--7045.0030}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0040** [Repealed by amendment, 9 SR 115] {#sec-7045.0040 omnilex-key=us-mn-regs-official--agency-167--7045.0040}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0050** [Repealed by amendment, 9 SR 115] {#sec-7045.0050 omnilex-key=us-mn-regs-official--agency-167--7045.0050}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0060** Variances {#sec-7045.0060 omnilex-key=us-mn-regs-official--agency-167--7045.0060}
Any person who applies for a variance from any requirement of this chapter shall comply with part 7000.7000. An application for a variance must be acted upon by the agency according to Minnesota Statutes, section 116.07, subdivision 5 and part 7000.7000. However, no variance may be granted if granting the variance would result in noncompliance with EPA regulations for the generation, storage, processing, treatment, transportation, or disposal of hazardous waste or the operation of hazardous waste facilities.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 19 SR 1310*
##### **Minn. R. 7045.0065** Incorporation and Availability of References {#sec-7045.0065 omnilex-key=us-mn-regs-official--agency-167--7045.0065}
The documents referred to in this part are incorporated by reference. The documents are not subject to frequent change, unless otherwise noted, and are available online or through the Minitex interlibrary loan system, unless otherwise noted:
A. the implicit price deflator for gross domestic product from the Bureau of Economic Analysis, United States Department of Commerce. This document is subject to frequent change and is readily available at the Bureau of Economic Analysis website: www.bea.gov;
B. the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce;
C. Standard Industrial Classification Manual issued by the Office of Management and Budget, Executive Office of the President of the United States (1987); and
D. the documents found in Code of Federal Regulations, title 40, section 260.11, as amended.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 10 SR 1688; 14 SR 976; 20 SR 715; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0070** Other Standards {#sec-7045.0070 omnilex-key=us-mn-regs-official--agency-167--7045.0070}
Nothing in this chapter shall relieve any person from any obligations or duties imposed by any other laws, statutes, rules, standards, or ordinances of the federal, state, or local governments or any agency thereof now in effect or which become effective in the future, including county ordinances adopted under Minnesota Statutes, section 473.811. In the event this chapter conflicts with any such laws, statutes, rules, standards, or ordinances, the more stringent shall apply. Nothing in this chapter shall be construed to require any person to comply with any portion of this chapter if that portion should at any time be preempted by federal law.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 22 SR 5*
##### **Minn. R. 7045.0071** Underground Injection {#sec-7045.0071 omnilex-key=us-mn-regs-official--agency-167--7045.0071}
References to underground injection of waste throughout this chapter are subject to Minnesota statutes and rules prohibiting the discharge of waste or pollutants to the saturated or unsaturated zones.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7045.0075** Petitions {#sec-7045.0075 omnilex-key=us-mn-regs-official--agency-167--7045.0075}
**Subpart 1. Petitions for equivalent testing or analytical methods.**
Any person seeking to use a testing or analytical method other than those described in parts 7045.0102 to 7045.0155 or 7045.0450 to 7045.0649 may petition under these provisions. The person must demonstrate to the satisfaction of the commissioner that the proposed method is equal to or superior to the corresponding method prescribed in parts 7045.0102 to 7045.0155 or 7045.0450 to 7045.0649 in terms of its sensitivity, accuracy, precision, and reproducibility. Each petition must include:
A. the petitioner's name and address;
B. a statement of the petitioner's interest in the proposed action;
C. a full description of the proposed method, including all procedural steps and equipment used in the method;
D. a description of the types of wastes or waste matrices for which the proposed method may be used;
E. comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in parts 7045.0102 to 7045.0155 or 7045.0450 to 7045.0649;
F. an assessment of any factors which may interfere with, or limit the use of, the proposed method; and
G. a description of the quality control procedures necessary to ensure the sensitivity, accuracy, and precision of the proposed method. After receiving a petition for an equivalent testing or analytical method, the commissioner may request any additional information on the proposed method which the commissioner may reasonably require to evaluate the method.
**Subp. 2. Petitions to exclude a waste produced at a particular facility.**
Petitions to exclude a waste produced at a particular facility are as follows:
A. Any person seeking to exclude a waste at a particular generating facility from regulation under this chapter may petition under these provisions. The petitioner must demonstrate to the satisfaction of the agency that the waste produced by a particular generating facility does not meet any of the criteria under which the waste was listed as a hazardous waste and, in the case of an acutely hazardous waste meeting the criteria in part 7045.0129, subpart 1, item B, that it also does not meet the criteria of part 7045.0129, subpart 1, item C. In determining whether to exclude a waste as requested by the petition, the agency must consider the factors considered at the time the waste was listed and, if the agency has reason to believe that other factors, including additional constituents, could also cause the waste to be hazardous, the agency must also consider these other factors. In order to exclude a waste as requested by the petition, the agency must determine that no factor exists that warrants retaining the classification of the waste as hazardous. A waste which is so excluded may still, however, be a hazardous waste by operation of part 7045.0131.
B. These procedures may also be used to petition the agency to exclude from part 7045.0214, subpart 2, item A or subpart 3, a waste which is described in those subparts and is either a waste listed in part 7045.0135, contains a waste listed in part 7045.0135, or is derived from a waste listed in part 7045.0135. This exclusion may only be issued for a particular generating, storage, treatment, or disposal facility. The petitioner must make the same demonstration as required by item A, except that where the waste is a mixture of solid waste and one or more listed hazardous wastes or is derived from one or more hazardous wastes, this demonstration may be made with respect to each constituent listed waste or the waste mixture as a whole. A waste which is so excluded may still be a hazardous waste by operation of part 7045.0131.
C. Demonstration samples must consist of enough representative samples, but in no case less than four samples, taken over a period of time sufficient to represent the variability or the uniformity of the waste.
D. If the waste is listed with codes "I," "C," "R," or "E" in part 7045.0135, the petitioner must show that the waste does not exhibit a relevant characteristic defined in part 7045.0131 using any applicable methods prescribed in part 7045.0131. The petitioner also must show that the waste does not exhibit any of the other characteristics in part 7045.0131 using any applicable method prescribed in part 7045.0131. In determining whether to exclude a waste as requested by the petition, the agency must consider the factors considered at the time the waste was listed and, if the agency has reason to believe that other factors, including additional constituents, could also cause the waste to be hazardous, the agency must also consider these other factors. In order to exclude a waste as requested by the petition, the agency must determine that no factor exists that warrants retaining the classification of the waste as hazardous. A waste which is so excluded, however, may still be a hazardous waste by operation of part 7045.0131.
E. If the waste is listed with code "T" in part 7045.0135, subitems (1) to (4) apply.
F. If the waste is listed with the code "H" in part 7045.0135, the petitioner must demonstrate that the waste does not meet the criterion of part 7045.0129, subpart 1, item B.
G. Each petition must include in addition to the information required by item B:
H. After receiving a petition for an exclusion, the agency or the commissioner may request any additional information which may reasonably be required to evaluate the petition. An exclusion will only apply to the waste generated at the individual facility and covered by the demonstration and will not apply to waste from any other facility. The agency may limit the exclusion to portions of the waste for which sufficient affirmative demonstration is provided when it has reason to believe that the hazardous characteristics may not be consistent throughout the waste or that the demonstration may not be representative of the entire petitioned waste.
**Subp. 3. Petition for reduced regulation of hazardous waste being speculatively accumulated or reclaimed prior to use.**
The agency may, upon presentation of a petition for those purposes, reduce any of the requirements of chapter 7045 applicable to reclamation, reuse, or recycling. The agency shall apply the standards and criteria set forth below in determining whether to grant a petition to reduce the regulatory requirements for the following recycled hazardous wastes.
A. Any person seeking a reduction in regulation of hazardous wastes that are accumulated speculatively as defined in part 7045.0020 without sufficient amounts being recycled as defined in part 7045.0020 may petition under this subpart. The petitioner must demonstrate to the satisfaction of the agency that sufficient amounts will be recycled or transferred for recycling in the following year. Such a reduction in regulation is valid only for the following year, but may be renewed on an annual basis by filing a new petition. The agency's decision to grant the petition shall be based on the following standards and criteria:
B. Any person seeking a reduction in regulation of hazardous wastes that are reclaimed and then reused as feedstock within the original production process in which the hazardous wastes were generated if the reclamation is an essential part of the production process may petition under these provisions. The agency's decision regarding the petition shall be based on the following standards and criteria:
C. Any person seeking a reduction in regulation of hazardous waste that has been reclaimed but must be reclaimed further before recovery is completed if, after initial reclamation, the resulting material is used like a commodity, may petition under this subpart. The agency's decision to grant the petition shall be based on the following standards and criteria:
**Subp. 4. Petition to be classified as a boiler.**
In accordance with the definition of boiler in part 7045.0020, the commissioner may determine that certain enclosed devices using controlled flame combustion are boilers, although they do not otherwise meet the definition of boiler, based on the following standards and criteria:
A. the extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases;
B. the extent to which the combustion chamber and energy recovery equipment are of integral design;
C. the efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of fuel;
D. the extent to which the exported energy is utilized;
E. the extent to which the device is in common and customary use as a "boiler" functioning to produce steam, heated fluids, or heated gases; and
F. any additional information the commissioner may reasonably request which may be required to evaluate the petition.
**Subp. 5. Petition for use of alternate manifest.**
A person who meets the criteria in item A may submit a petition to the commissioner for approval of the use of an alternate manifest system as described in item B. The criteria the commissioner shall use in determining whether to approve the use of the alternate manifest system are provided in item C.
A. Only persons meeting the following criteria are eligible to file a petition under this subpart:
B. Upon approval, an alternate manifest system may be used in lieu of the manifest system described in parts 7045.0261 to 7045.0265. The commissioner shall only approve alternate manifest systems meeting the following criteria:
C. To obtain the commissioner's approval of the alternate manifest system, the petitioner must:
**Subp. 6. Petition for alternate design or operating practices for secondary containment of tank systems.**
A person may submit a petition to the commissioner for approval to use alternate design or operating practices in lieu of the requirements of parts 7045.0528, subpart 4, and 7045.0628, subpart 4. The commissioner's decision shall be based on a demonstration by the petitioner that the alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous wastes or hazardous constituents into surface and ground water as effectively as the secondary containment requirements of parts 7045.0528, subpart 4, and 7045.0628, subpart 4, during the active life of the tank system.
A. In order to determine equivalent protection, the commissioner shall consider:
B. The following procedures must be followed for submittal of a petition for alternate design or operating practices for secondary containment of permitted tank systems.
C. The following procedures must be followed for submittal of a petition for alternate design or operating practices for secondary containment of interim status tank facilities and generator's tanks.
D. Upon approval of a petition for alternate design or operating practices, as provided in item A, the owner or operator of a tank system must comply with the following requirements in the event of a release of hazardous waste from the primary tank system that has not migrated beyond the zone of engineering control. The owner or operator must:
E. Upon approval of a petition for alternate design or operating practices under item A, the owner or operator of a tank system must comply with the following requirements in the event of a release of hazardous waste from the primary tank system that has migrated beyond the zone of engineering control. The owner or operator must:
**Subp. 7. Petition for demonstration of no substantial hazard from tank systems.**
A person may submit a petition to the agency for an exemption from the secondary containment requirements of parts 7045.0528, subpart 4, and 7045.0628, subpart 4. The agency's decision shall be based on a demonstration that, in the event of a release that migrates to ground water or surface water, no substantial present or potential hazard will be posed to human health or the environment. No petition may be granted under this subpart for new underground tank systems.
A. In order to determine no substantial present or potential hazard, the agency shall consider the following factors.
B. The following procedures must be followed for the submittal of a petition for an exemption from secondary containment for permitted facilities.
C. The following procedures must be followed for submittal of a petition for an exemption from secondary containment for interim status or generator's tanks.
**Subp. 8.**
[Repealed, 33 SR 2042]
**Subp. 9. Petitions to allow land disposal of a prohibited waste.**
A person seeking an exemption from a prohibition for the disposal of a restricted hazardous waste in a particular unit or units must submit a petition to the agency and to the EPA demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous. The demonstration to the EPA must include the provisions in Code of Federal Regulations, title 40, section 268.6. The demonstration to the agency must include an identification of the specific waste and the specific unit for which the demonstration will be made, a waste analysis to describe fully the chemical and physical characteristics of the subject waste, and a comprehensive characterization of the disposal unit site including an analysis of background air, soil, and water quality. The demonstration must also include a monitoring plan that detects migration at the earliest practicable time, and sufficient information to assure the commissioner that the owner or operator of a land disposal unit receiving restricted wastes will comply with other applicable federal, state, and local laws. The person seeking the exemption must also comply with items A to L.
A. The demonstration must meet the following criteria:
B. Each petition referred to in this subpart must include information described in subitems (1) to (5):
C. After a petition has been approved, the owner or operator must report any changes in conditions at the unit and the environment around the unit that significantly depart from the conditions described in the variance and affect the potential for migration of hazardous constituents from the units as follows:
D. If the owner or operator determines that there is migration of hazardous constituents from the unit, the owner or operator must immediately suspend receipt of prohibited waste at the unit and notify the commissioner in writing within ten days of the determination that a release has occurred. Within 60 days of receiving the notification, the commissioner shall determine whether the owner or operator can continue to receive prohibited waste in the unit and whether the variance is to be revoked. The commissioner shall also determine whether further examination of any migration is warranted under applicable provisions of parts 7045.0450 to 7045.0649.
E. Each petition must include the following statement signed by the petitioner or an authorized representative: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
F. After receiving a petition, the commissioner may request additional information that reasonably may be required to evaluate the demonstration.
G. If approved, the petition will apply to land disposal of the specific restricted waste at the individual disposal unit described in the demonstration and will not apply to any other restricted waste at that disposal unit, or to that specific restricted waste at any other disposal unit.
H. The commissioner will give public notice in the State Register of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a petition will be published in the State Register.
I. The term of a petition granted under this part must be no longer than the term of the RCRA permit if the disposal unit is operating under an RCRA permit, or up to a maximum of five years from the date of approval provided under item G if the unit is operating under interim status. In either case, the term of the granted petition expires upon the termination or denial of an RCRA permit, or upon the termination of interim status or when the volume limit of waste to be land disposed during the term of petition is reached.
J. Before the agency's decision, the applicant must comply with all restrictions on land disposal under part 7045.1390 when the effective date for the waste has been reached.
K. The petition granted by the agency does not relieve the petitioner of responsibility for the management of hazardous waste under chapters 7001 and 7045.
L. Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than or equal to 500 ppm are not eligible for an exemption under this subpart.
**Subp. 10.**
[Repealed, 33 SR 2042]
**Subp. 11. Petition for additional treatability study quantities.**
The commissioner may grant requests for quantity limits in excess of those specified in part 7045.0121, subpart 2, item A, for up to an additional 500 kilograms of nonacute hazardous waste, one kilogram of acute hazardous waste, and 250 kilograms of soils, water, or debris contaminated with acute hazardous waste, to conduct further treatability study evaluation. Item A of this subpart prescribes the conditions which the petitioner must meet in order for the commissioner to grant a petition to increase the quantity limits for waste, destined for use in treatability studies, to a maximum of the limits described in this subpart. Item B of this subpart prescribes what the petition must contain.
A. Conditions for granting a petition to increase quantity limits of waste for use in a treatability study are:
B. The generator or sample collector must apply to the commissioner and provide in writing the following information:
C. Upon receiving approval of the petition, the generator must manage the additional samples as specified in part 7045.0121.
**Subp. 12. Petition for alternate design or operating practices.**
An owner or operator may submit a petition to the commissioner for approval to use alternate design or operating practices in lieu of the requirements of parts 7045.0532, 7045.0534, 7045.0538, 7045.0630, 7045.0632, and 7045.0638. The commissioner's decision shall be based on a demonstration by the petitioner that the alternate design or operating practices, together with location characteristics, will prevent the migration of any hazardous wastes or hazardous constituents into surface and ground water as effectively as the requirements of parts 7045.0532, 7045.0534, 7045.0538, 7045.0630, 7045.0632, and 7045.0638.
**History**
- *Statutory Authority: MS s 14.07; 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1688; 11 SR 1832; 11 SR 1950; L 1987 c 186 s 15; 13 SR 259; 13 SR 1238; 14 SR 2248; 15 SR 1877; 16 SR 2102; 16 SR 2239; 17 SR 1279; 18 SR 1565; 20 SR 715; 22 SR 5; 29 SR 947; 33 SR 2042*
##### **Minn. R. 7045.0080** Data Availability {#sec-7045.0080 omnilex-key=us-mn-regs-official--agency-167--7045.0080}
**Subpart 1. Applicability.**
The following apply to requests to the Minnesota Pollution Control Agency for information relating to facilities and sites for treatment, storage, and disposal of hazardous waste.
**Subp. 2. Response to requests.**
Except as provided in subpart 3, the commissioner shall issue a written response to a requester of information within ten working days of receiving the request for information. The written response shall state what information will and will not be provided and shall state the reason for denying any portion of the request.
**Subp. 3. Extensions.**
The following provisions apply to extensions of time to respond to requests for information:
A. If the request for information does not reasonably identify the information sought, the commissioner shall so notify the requester. There shall be excluded from the ten day response period established under subpart 2, or any extension to that response period provided under item B, any time that elapses between the date that a requester is notified by the commissioner that the request does not reasonably identify the records sought, and the date that the requester furnishes a reasonable identification.
B. In circumstances in which an extension is necessary due to one or more of the following reasons, the ten day response period established in subpart 2 shall be extended by the commissioner for a period of days commensurate with the additional response time required, not to exceed ten additional working days:
**Subp. 4. Failure to act.**
If the commissioner fails to issue a response within the response time provided in subpart 2, or an extension provided under subpart 3, a requester may commence an action under Minnesota Statutes, section 13.08 to obtain the requested information.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 11 SR 1832; L 1987 c 186 s 15*
##### **Minn. R. 7045.0090** Adoption and Incorporation by Reference {#sec-7045.0090 omnilex-key=us-mn-regs-official--agency-167--7045.0090}
**Subpart 1. Applicability.**
Except as specified in subparts 2 and 3, the terms and standards identified in subparts 1a to 1h apply whenever federal regulations are incorporated by reference in this chapter whether or not this part is specifically referenced. Terms used in incorporated Code of Federal Regulations, title 40, and defined in part 7045.0020 or in Minnesota Statutes have the meaning given in part 7045.0020 or in Minnesota Statutes.
**Subp. 1a. Specific terms.**
The following terms and phrases have the meaning given.
A. "EPA" and "agency" mean the Pollution Control Agency.
B. "Regional administrator," "administrator," and "director" mean the commissioner of the Pollution Control Agency.
C. "State," "authorized state," "approved state," or "approved program" means Minnesota.
D. "Generator," "hazardous waste," and "waste" have the meanings given in part 7045.0020.
**Subp. 1b. Hazardous waste management system general standards; Code of Federal Regulations, title 40, part 260.**
References to the petition processes established in Code of Federal Regulations, title 40, part 260, subpart C, or Code of Federal Regulations, title 40, sections 260.20 to 260.41, mean the petition processes established in part 7045.0075.
**Subp. 1c. Identification and listing standards; Code of Federal Regulations, title 40, part 261.**
A. References to any section in Code of Federal Regulations, title 40, part 261, subparts A to C, or to Code of Federal Regulations, title 40, sections 261.1 to 261.24, mean parts 7045.0102 to 7045.0131 or part 7045.0214, subpart 3.
B. References to Code of Federal Regulations, title 40, section 261.4, mean the exclusions listed in part 7045.0120.
C. References to Code of Federal Regulations, title 40, section 261.6, mean the use, reuse, recycling, and reclamation requirements of part 7045.0125.
D. References to any section in Code of Federal Regulations, title 40, part 261, subpart D, or to Code of Federal Regulations, title 40, sections 261.30 to 261.38, mean parts 7045.0135 to 7045.0145.
**Subp. 1d. Standards applicable to generators of hazardous waste, Code of Federal Regulations, title 40, part 262.**
References to Code of Federal Regulations, title 40, part 262, or to any section in Code of Federal Regulations, title 40, sections 262.10 to 262.70, mean parts 7045.0205 to 7045.0325.
**Subp. 1e. Standards applicable to transporters of hazardous waste, Code of Federal Regulations, title 40, part 263.**
References to any section in Code of Federal Regulations, title 40, sections 263.10 to 263.31, mean parts 7045.0351 to 7045.0397.
**Subp. 1f. Permitted and interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities; Code of Federal Regulations, title 40, parts 264 and 265.**
A. References to Code of Federal Regulations, title 40, part 264, subpart F, Code of Federal Regulations, title 40, sections 264.90 to 264.101, Code of Federal Regulations, title 40, part 265, subpart F, or Code of Federal Regulations, title 40, sections 265.90 to 265.94, mean the requirements of parts 7045.0484, 7045.0485, 7045.0590, and 7045.0592 relating to groundwater protection, monitoring, and corrective action for releases.
B. References to Code of Federal Regulations, title 40, part 264, subpart H, Code of Federal Regulations, title 40, sections 264.140 to 264.151, Code of Federal Regulations, title 40, part 265, subpart H, or Code of Federal Regulations, title 40, sections 265.140 to 265.150, mean the financial assurance requirements of parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624.
C. References to Code of Federal Regulations, title 40, part 264, subpart O, Code of Federal Regulations, title 40, sections 264.340 to 264.351, Code of Federal Regulations, title 40, part 265, subpart O, or Code of Federal Regulations, title 40, sections 265.340 to 265.352, mean the thermal treatment standards of parts 7045.0542 and 7045.0640.
D. References to Code of Federal Regulations, title 40, part 264, subpart N, Code of Federal Regulations, title 40, sections 264.300 to 264.317, Code of Federal Regulations, title 40, part 265, subpart N, or Code of Federal Regulations, title 40, sections 265.300 to 265.316, mean the landfill standards of parts 7045.0538 and 7045.0638.
**Subp. 1g. Permit requirements; Code of Federal Regulations, title 40, part 270.**
References to Code of Federal Regulations, title 40, part 270, subparts A to H, Code of Federal Regulations, title 40, sections 270.1 to 270.230, or any other reference to a hazardous waste facility permit mean the hazardous waste facility permit requirements in parts 7001.0500 to 7001.0730.
**Subp. 1h. Other standards.**
A. References to Code of Federal Regulations, title 40, part 273, mean part 7045.1400 (universal waste).
B. References to Code of Federal Regulations, title 40, part 279, mean parts 7045.0692 to 7045.0990 (used oil).
C. References to underground injection of waste in any Code of Federal Regulations incorporated in this chapter are subject to Minnesota Statutes and rules prohibiting the discharge of waste or pollutants to the saturated or unsaturated zones.
D. References to Code of Federal Regulations, title 40, part 266, subpart C, mean part 7045.0665 (uses constituting disposal).
E. References to Code of Federal Regulations, title 40, part 266, subpart F, mean part 7045.0675 (precious metal recovery).
F. References to Code of Federal Regulations, title 40, part 266, subpart G, mean part 7045.0685 (spent lead-acid batteries being reclaimed).
**Subp. 2. Exceptions to general terms.**
In the following cases, the terms identified in subpart 1a do not apply and the terms continue to have the meaning in accordance with applicable EPA regulations.
A. "EPA identification numbers," "EPA hazardous waste numbers," "EPA test methods," "EPA publications," "EPA form(s)," "EPA guidance," or "EPA acknowledgment of consent."
B. "EPA," "administrator," or a synonymous term in any section of EPA regulations for which the Resource Conservation and Recovery Act, as amended, does not allow the EPA to delegate its authority to the states.
**Subp. 3. Exceptions to adoption of standards; Code of Federal Regulations, title 40.**
In the following cases, the standards identified in subparts 1b to 1e do not apply and the standards continue to have the meaning in accordance with applicable EPA regulations.
A. Code of Federal Regulations, title 40, part 262, subparts E and H, regarding exports and transfrontier shipments of hazardous waste;
B. Code of Federal Regulations, title 40, sections 268.5, 268.6, 268.42(b), and 268.44, regarding land disposal restrictions;
C. Code of Federal Regulations, title 40, section 279.82(b) regarding state petitions to allow use of used oil as a dust suppressant; and
D. Code of Federal Regulations, title 40, Appendix to part 262, regarding the hazardous waste manifest.
**Subp. 4. Applicable law.**
When federal regulations incorporated into this chapter cite additional federal regulations and when this chapter does not address whether the cited federal regulations or corresponding state rules apply, state rules shall apply.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 947; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0100** [Repealed, 14 SR 1718] {#sec-7045.0100 omnilex-key=us-mn-regs-official--agency-167--7045.0100}
[Repealed, 14 SR 1718]
##### **Minn. R. 7045.0102** Mixtures of Wastes {#sec-7045.0102 omnilex-key=us-mn-regs-official--agency-167--7045.0102}
**Subpart 1. Scope.**
Except as provided in part 7045.0665, subpart 1, mixtures of wastes are identified in subpart 2.
**Subp. 2. Mixtures of hazardous and nonhazardous wastes.**
The mixing of a hazardous waste with a nonhazardous waste as described in this subpart constitutes treatment. Generators who mix hazardous and nonhazardous wastes on site must meet the requirements of part 7045.0211 for generators with on-site facilities. Mixtures excluded under part 7045.0075, subpart 2, are excluded from regulation. Wastes excluded under this subpart are subject to part 7045.1390, even if they no longer exhibit a characteristic at the point of land disposal.
A. A mixture is a hazardous waste if it contains a waste that is hazardous solely because it exhibits any of the characteristics of ignitability, corrosivity, oxidativity, or reactivity identified in part 7045.0131, or contains a hazardous waste listed in part 7045.0135 solely because of ignitability, corrosivity, or reactivity, and the resulting mixture exhibits any characteristic of a hazardous waste identified in part 7045.0131.
B. Except as provided in item D or E, a mixture is a hazardous waste if it contains a waste listed for toxicity in part 7045.0135.
C. Except as provided in item D, a mixture is a hazardous waste if it contains a waste that exhibits the characteristic of toxicity or lethality identified in part 7045.0131.
D. A mixture is a hazardous waste if it is a sewered mixture of nonhazardous waste and any waste which is hazardous because it exhibits the characteristics of toxicity or lethality as defined in part 7045.0131 unless:
E. Except as otherwise provided in item A, B, or D, the following sewered mixtures are not hazardous wastes if the generator can demonstrate that the mixture consists of wastewater, the discharge of which is subject to regulation under either section 307(b) or 402 of the Clean Water Act, including wastewater at facilities which have eliminated the discharge of wastewater; and
F. A mixture of used oil and a hazardous waste is a hazardous waste except as provided in part 7045.0800.
G. Any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under part 7045.0120, subpart 1, item I, and any other waste exhibiting a characteristic of hazardous waste under part 7045.0131 is a hazardous waste only if:
**Subp. 3.**
[Repealed, 20 SR 715]
**History**
- *Statutory Authority: MS s 115.03; 116.07*
- *History: 9 SR 115; 11 SR 1832; 14 SR 1718; 16 SR 197; 16 SR 2102; 18 SR 1565; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0110** [Repealed by amendment, 9 SR 115] {#sec-7045.0110 omnilex-key=us-mn-regs-official--agency-167--7045.0110}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0120** Exemptions and Special Requirements {#sec-7045.0120 omnilex-key=us-mn-regs-official--agency-167--7045.0120}
**Subpart 1. Exempt types of waste.**
The following waste may be stored, labeled, transported, treated, processed, and disposed of without complying with the requirements of this chapter:
A. household waste except as provided for under subpart 2, items A and B;
B. sewage and any mixture of untreated sanitary sewage and other wastes that is formed by the combination of untreated sanitary sewage and one or more other wastes discharged through a sewage system to a publicly owned treatment works for treatment, except that this exemption does not include any of the individual wastes which form the composite wastewater;
C. garbage, rubbish, and demolition debris from nonhousehold sources;
D. mining overburden returned to the mine site;
E. an air contaminant or emission emitted pursuant to an emission facility operating permit;
F. fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated from the combustion of fuel which is at least 51 percent coal or other fossil fuels and the balance of the fuel does not contain hazardous waste;
G. wastes discharged pursuant to a national pollutant discharge elimination system permit;
H. drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy;
I. waste from the extraction, beneficiation, and processing of ores and minerals, including coal, phosphate rock, and overburden from the mining of uranium ore. For purposes of this item, beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water or carbon dioxide; roasting, autoclaving, or chlorination in preparation for leaching (except where the roasting, autoclaving, or chlorination/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. For the purposes of this item, waste from the processing of ores and minerals includes only the following wastes as generated:
J. waste resulting from spills or emergency response actions if the exemption is determined by the commissioner to be necessary to expedite the proper management of the waste and to prevent, abate, or control pollution as an immediate response to an emergency provided the waste, if hazardous, is ultimately managed as a hazardous waste;
K. a waste which contains chromium and which is not hazardous because of another component or because of a hazardous characteristic if it is shown by a generator that:
L. a hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated nonwaste-treatment-manufacturing unit until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing or for storage or transportation of product or raw materials;
M. a sample of waste, water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition when:
N. pulping liquors (for example, black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless they are accumulated speculatively as defined in part 7045.0020, subpart 84a;
O. spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in part 7045.0020, subpart 84a;
P. secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided that:
Q. petroleum-contaminated media and debris that fail the test for the toxicity characteristic in part 7045.0131, subpart 7 (hazardous waste codes D018 to D043 only), and are subject to corrective action regulations under Code of Federal Regulations, title 40, part 280, as amended;
R. pesticides as provided in part 7045.0213, subpart 2;
S. samples of hazardous waste being collected or shipped for the purpose of conducting treatability studies as provided in part 7045.0121;
T. spent wood preserving solutions that have been reclaimed and reused for their original intended purpose, and wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood if, prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in this item meet all of the following conditions:
U. used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use;
V. used oil rerefining distillation bottoms that are used as feedstock to manufacture asphalt products;
W. sorbents, soil, and debris contaminated with petroleum fuel from spills and emergencies that are contained and reported in accordance with Minnesota Statutes, section 115.061, except for used oil spills and emergencies; or
X. spent materials, other than hazardous wastes listed in part 7045.0135, generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that:
**Subp. 2. Special requirements.**
The following waste is exempt from the general requirements of this chapter if managed as specified:
A. waste collected as a result of a household hazardous waste management program under part 7045.0310;
B. spent or waste household batteries collected under part 7045.0686;
C. waste collected as a result of a very small quantity generator hazardous waste collection program under part 7045.0320;
D. feedstocks and by-products under part 7045.0125, subparts 5 and 6;
E. comparable fuels or comparable syngas fuels that meet the specifications and other requirements of Code of Federal Regulations, title 40, section 261.38, as amended, which is adopted and incorporated by reference;
F. universal waste managed under part 7045.1400; and
G. hazardous waste containing radioactive waste when it meets the eligibility criteria and conditions of Code of Federal Regulations, title 40, part 266, subpart N, Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal, as amended. This exemption also pertains to:
**History**
- *Statutory Authority: MS s 115.03; 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1688; 11 SR 1832; L 1987 c 186 s 15; 13 SR 259; 14 SR 1718; 14 SR 2248; 15 SR 801; 15 SR 1515; 15 SR 1877; 15 SR 1878; 16 SR 197; 16 SR 2102; 17 SR 285; 18 SR 1565; 18 SR 2195; 20 SR 715; 22 SR 5; 28 SR 1482; 30 SR 43; 33 SR 2042*
##### **Minn. R. 7045.0121** Treatability Study Exemptions {#sec-7045.0121 omnilex-key=us-mn-regs-official--agency-167--7045.0121}
**Subpart 1. Applicability.**
Except as provided in subpart 2, persons who generate or collect samples for the purpose of conducting treatability studies, as defined in part 7045.0020, are not subject to any requirement of parts 7045.0102 to 7045.0397, or to the notification requirements of the Resource Conservation and Recovery Act, United States Code, title 42, section 6930, as amended, when:
A. the sample is being collected and prepared for transportation by the generator or sample collector;
B. the sample is being accumulated or stored by the generator or sample collector before transportation to a laboratory or testing facility; or
C. the sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.
**Subp. 2. Conditions of exemption.**
The exemption in subpart 1 is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that:
A. no more than 1,000 kilograms of nonacute hazardous waste, one kilogram of acute hazardous waste, or 250 kilograms of soils, water, or debris contaminated with acute hazardous waste is used for each process being evaluated for each generated waste stream;
B. each sample shipment does not exceed 1,000 kilograms of nonacute hazardous waste, one kilogram of acute hazardous waste, or 250 kilograms of soils, water, or debris contaminated with acute hazardous waste;
C. the sample is packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of either of the following subitems are met:
D. the sample is shipped to a laboratory or testing facility that is exempt under this part, or has an appropriate permit under the Resource Conservation and Recovery Act, United States Code, title 42, section 6901 et seq., as amended, or interim status;
E. the generator or sample collector maintains the following records for a period ending three years after completion of the treatability study:
F. the generator reports the information required under item E, subitem (3), in its report to the commissioner as specified in part 7045.0248.
**Subp. 3. Facilities and sample handling.**
A mobile treatment unit may qualify as a laboratory or testing facility subject to requirements of this subpart. Where a group of mobile treatment units are located at the same site, the limitations specified in this subpart apply to the entire group of mobile treatment units involved in treatability studies collectively as if the group were one mobile treatment unit. Samples undergoing treatability studies and the laboratory or testing facility conducting the treatability studies, to the extent the facilities are engaged directly in treatability studies and are not otherwise subject to the Resource Conservation and Recovery Act requirements, United States Code, title 42, section 6901 et seq., as amended, are not subject to any requirements of Code of Federal Regulations, title 40, part 124, as amended; parts 7045.0102 to 7045.0685 except this part and applicable references; part 7045.1390; chapter 7001; or to the notification requirements of the Resource Conservation and Recovery Act, United States Code, title 42, section 6930, as amended, providing that the conditions in items A to K are met.
A. No less than 45 days before conducting treatability studies, the facility operator notifies the commissioner in writing that it intends to conduct treatability studies under this item.
B. The laboratory or testing facility conducting the treatability study has an identification number.
C. No more than a total of 250 kilograms of hazardous waste sample of which no more than one kilogram may be acute hazardous waste, as received, is subjected to initiation of treatment in all treatability studies in any single day. The term "as received" refers to the hazardous waste sample in the form received in the shipment from the generator or sample collector for the purpose of evaluation in treatability studies.
D. The quantity of as received hazardous waste sample stored at the facility for the purpose of evaluation in treatability studies does not exceed 1,000 kilograms, the total of which can include 500 kilograms of soils, water, or debris contaminated with acute hazardous waste or one kilogram of acute hazardous waste. This quantity limitation does not include:
E. Any unused sample or residues generated from the treatability study must be returned to the generator or sample collector, or must be sent to a designated facility with a current identification number within 90 days after completion of the treatability study or within one year of the date the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date occurs first.
F. The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.
G. The facility maintains records for three years following completion of each treatability study conducted and these records track compliance with the limits on treatment rate, storage time, and quantity and also include the following information:
H. The facility must keep, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending three years from the completion date of each treatability study.
I. The facility prepares and submits a report to the commissioner by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year and includes the following information for the previous calendar year:
J. The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under parts 7045.0102 to 7045.0143, and, if so, are subject to chapters 7001 and 7045, unless the residues and unused samples are returned to the sample originator, in which case the sample originator is responsible to make this determination.
K. The facility notifies the commissioner by letter when the facility is no longer planning to conduct any treatability studies at the site.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 14 SR 2248; 16 SR 2102; 18 SR 1565; 20 SR 715; 22 SR 5; 33 SR 2042*
##### **Minn. R. 7045.0125** Management of Waste by Use, Reuse, Recycling, and Reclamation {#sec-7045.0125 omnilex-key=us-mn-regs-official--agency-167--7045.0125}
**Subpart 1. Scope.**
This part regulates hazardous waste and used oil that is to be recycled except for use constituting disposal as provided in part 7045.0665, hazardous waste used for precious metals recovery as provided in part 7045.0675; spent lead-acid batteries being reclaimed as provided in part 7045.0685; hazardous waste fuel being burned for energy recovery as provided in part 7045.0692; or used oil fuel being burned for energy recovery as provided in part 7045.0885.
**Subp. 2.**
[Repealed, 10 SR 1688]
**Subp. 3. Out-of-state waste.**
Hazardous waste from an out-of-state generator that is to be beneficially used, reused, or legitimately recycled or reclaimed by methods other than burning, is exempt from the requirements of parts 7045.0221 to 7045.0255.
**Subp. 3a. Management requirements for used oil.**
Used oil that is recycled by reuse, rerefining, reclamation, reprocessing, or burning for energy recovery, is subject only to parts 7045.0790 to 7045.0990, unless otherwise specified in that part. "Burning for energy recovery" means the combustion of used oil with a heating value of over 5,000 Btus per pound to recover an energy value from it. Used oil that is not recycled is hazardous waste and is subject to this chapter and chapter 7046.
**Subp. 4. Management of specific hazardous wastes.**
Management of the following wastes when recycled, is not subject to regulation under parts 7045.0205 to 7045.0695 and 7045.1390:
A. industrial ethyl alcohol that is reclaimed, except as provided in subpart 12;
B. used batteries or used battery cells returned to a battery manufacturer for regeneration;
C. scrap metal and excluded scrap metal;
D. fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if the wastes result from normal petroleum refining, production, and transportation practices;
E. oil that is reclaimed from hazardous wastes that are generated from normal petroleum refining, production, and transportation practices, and that is to be refined along with normal process streams at a petroleum refining facility;
F. EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic, specified in part 7045.0131, subpart 7, when, subsequent to generation, these materials are recycled to coke ovens, recycled to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens, tar recovery, or refining processes or mixed with coal tar;
G. hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from the hazardous wastes, where the hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil if the resulting fuel meets the used oil specification under part 7045.0840, and no other hazardous wastes are used to produce the hazardous waste fuel;
H. hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining, production, and transportation practices, where the hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, if the fuel meets the used oil fuel specification under part 7045.0840;
I. oil that is reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, and is burned as a fuel without reintroduction to a refining process, if the reclaimed oil meets the used oil fuel specification under part 7045.0840;
J. petroleum coke produced from petroleum refinery hazardous wastes containing oil at the same facility at which the wastes were generated, unless the resulting coke product exhibits one or more of the characteristics of hazardous waste in part 7045.0131;
K. nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums, if shipped, and not land disposed before recovery;
L. pipeline interface material, provided that the material is transported solely in a pipeline system as defined in Code of Federal Regulations, title 49, part 195, as amended, and is:
M. mixtures of different petroleum fuel products that met all fuel specifications required by Minnesota Statutes, section 239.761, before being mixed together, and that contain no other added water or waste, provided the mixtures are:
N. recyclable fuel, if the following conditions are met:
O. petroleum fuel filters if they are burned for energy recovery under subpart 3a, or recycled as scrap metal under item C, and are managed during accumulation and transportation in accordance with the requirements of part 7045.0990, subparts 3 to 5; and
P. circuit boards or shredded circuit boards being recycled, provided that they are:
**Subp. 5. Requirements for use of hazardous waste as feedstock.**
A. Except as provided in items B to D, hazardous wastes that are shown to be recycled by being used in a manner specified in subitems (1) to (3), are not subject to regulation under parts 7045.0205 to 7045.0990 and 7045.1390. This subpart does not apply to wastes being accumulated speculatively as defined in part 7045.0020, subpart 84a, or being managed by use constituting disposal as regulated under part 7045.0665 or burning for energy recovery, as regulated in part 7045.0692. Hazardous wastes are considered to be used as feedstock if they are:
B. A generator of hazardous waste for use as feedstock is subject to the following generator requirements:
C. Transporters of hazardous wastes for use as feedstock must comply with all applicable requirements of Minnesota Statutes, sections 221.033 and 221.0341, and with 221.0355 if applicable, and Code of Federal Regulations, title 49, parts 171 to 199, as amended.
D. Owners or operators of facilities that manage hazardous wastes for use as feedstock are subject to the following requirements:
**Subp. 6. Requirements for reclamation of specific hazardous waste.**
A. A by-product or a sludge that is hazardous only because it exhibits a characteristic of hazardous waste as defined in part 7045.0131 and is reclaimed is subject to only the following requirements:
B. This subpart does not apply to hazardous wastes being accumulated speculatively as defined in part 7045.0020, subpart 84a, or being managed by use constituting disposal, as regulated under part 7045.0665 or being burned for energy recovery as regulated by part 7045.0692.
**Subp. 7. Generator requirements.**
Unless exempted specifically in this part or parts 7045.0790 to 7045.0990, a generator of hazardous waste that is destined for recycling is subject to the requirements of parts 7045.0205 to 7045.0325.
**Subp. 8. Transporter requirements.**
Unless exempted specifically in this part or parts 7045.0790 to 7045.0990, transporters of hazardous waste destined for recycle are subject to the requirements of parts 7045.0351 to 7045.0397.
**Subp. 9. Facility requirements.**
Unless exempted specifically in this part or parts 7045.0692 and 7045.0790 to 7045.0990, owners and operators of facilities that recycle hazardous waste are subject to the following requirements:
A. If the recyclable hazardous waste is stored before it is recycled, the owners or operators are subject to the requirements of parts 7045.0450 to 7045.0534, 7045.0540, 7045.0549, 7045.0551, 7045.0552 to 7045.0632, 7045.0645, 7045.0647, 7045.0648, 7045.0652 to 7045.0686, and 7045.1390, and chapter 7001. The recycling process itself is exempt from regulation except as provided in item C.
B. If the recyclable hazardous waste is recycled without storing before recycling, the owners or operators are subject to the requirements of parts 7045.0482, subpart 2; 7045.0556, subpart 2; 7045.0580; and 7045.0582.
C. Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the process vent and equipment leak standards in parts 7045.0549 and 7045.0551 and 7045.0647 and 7045.0648.
D. Owners and operators of fuel recycling facilities that accept recyclable fuel must register with the agency by submitting, on a form prescribed by the commissioner, a notification of the owners' or operators' intent to accept recyclable fuel. The information submitted must include the facility's name and address, a name and telephone number of a designated contact person, and a description of the process and equipment that will be used to manage the recyclable fuel. The facility will be considered to be registered to accept recyclable fuel upon receipt of written confirmation from the commissioner that the agency is aware of waste recycling activities at the facility.
**Subp. 10.**
[Repealed, 14 SR 1718]
**Subp. 11.**
[Repealed, 14 SR 1718]
**Subp. 12. Export of industrial ethyl alcohol.**
A. Unless provided otherwise in an international agreement as authorized by Code of Federal Regulations, title 40, section 262.58, as amended, a person initiating a shipment of industrial ethyl alcohol for reclamation in a foreign country, and any intermediary arranging for the shipment, must: (1) comply with the requirements applicable to a primary exporter in part 7045.0302, subpart 2; subpart 6, items A to D and F; and subpart 7; (2) export industrial ethyl alcohol for reclamation only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as specified in part 7045.0302; and (3) provide a copy of the EPA Acknowledgment of Consent to the transporter transporting the shipment for export.
B. Transporters transporting a shipment for export may not accept a shipment if the shipment does not conform to the EPA Acknowledgment of Consent, and must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and that the shipment is delivered to the designated facility.
**Subp. 13. Exports and imports.**
Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD), as defined in Code of Federal Regulations, title 40, section 262.58(a)(1), for purposes of recovery is subject to the requirements of part 7045.0322 if it is subject to either the manifesting requirements of parts 7045.0261 to 7045.0265 or the universal waste management standards of part 7045.1400.
**History**
- *Statutory Authority: MS s 14.07; 115.03; 116.07; 116.37*
- *History: 9 SR 115; 9 SR 2613; 10 SR 1688; 11 SR 1832; L 1987 c 186 s 15; 12 SR 1660; 13 SR 1238; 14 SR 976; 14 SR 1718; 16 SR 2102; 16 SR 2321; 18 SR 1565; 18 SR 1886; 18 SR 2195; 20 SR 715; 22 SR 5; 29 SR 947; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0127** Residues in Empty Containers and Empty Inner Liners {#sec-7045.0127 omnilex-key=us-mn-regs-official--agency-167--7045.0127}
**Subpart 1. Scope.**
Any hazardous waste remaining in an empty container or an empty inner liner removed from an empty container, as defined in subparts 2 to 4 is not subject to regulation under parts 7045.0102 to 7045.1030 and 7045.1390, or a hazardous waste facility permit. Any hazardous waste in a container or an inner liner removed from a container that is not empty, as defined in subparts 2 to 4, is subject to regulation under parts 7045.0102 to 7045.1030 and 7045.1390, and the agency's permitting procedures.
**Subp. 2. Empty containers or inner liners; definition.**
A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste in part 7045.0135, subpart 1a, items B and C, and Code of Federal Regulations, title 40, section 261.33(e), as incorporated in part 7045.0135, is empty if:
A. all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container such as pouring, pumping, and aspirating; and
B. no more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner; or
C. no more than three percent by weight of the total capacity of the container remains in the container or inner liner if the container or inner liner is less than or equal to 119 gallons in size; or
D. no more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container or inner liner is greater than 119 gallons in size.
**Subp. 3. Other empty containers or inner liners.**
A container or inner liner that has held an acute hazardous waste identified in part 7045.0135, subpart 1a, items B and C, and Code of Federal Regulations, title 40, section 261.33(e), as incorporated in part 7045.0135, is empty if:
A. the container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;
B. the container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or
C. in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.
**Subp. 4. Empty compressed gas containers.**
A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric pressure.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 10 SR 1212; 13 SR 1238; 18 SR 1565; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0129** Criteria for Listing Hazardous Waste {#sec-7045.0129 omnilex-key=us-mn-regs-official--agency-167--7045.0129}
**Subpart 1. Criteria used by agency for listing hazardous waste.**
The agency shall list a waste as hazardous if:
A. the waste exhibits any of the characteristics of hazardous waste in part 7045.0131;
B. the waste has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral median lethal dose toxicity (rat) of less than 50 milligrams per kilogram, an inhalation median lethal concentration toxicity (rat) of less than two milligrams per liter, or a dermal median lethal dose toxicity (rabbit) of less than 200 milligrams per kilogram, or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness; or
C. the waste contains any of the toxic constituents listed in part 7045.0141 unless the agency concludes that the waste is not capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed, or otherwise managed. The agency shall consider the following factors when it makes this decision:
**Subp. 2. Classes of wastes.**
The agency may list classes or types of waste as hazardous waste if there is reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste in part 7045.0020.
**Subp. 3. Acute and toxic wastes.**
Waste listed in accordance with the criteria of subpart 1, item B shall be designated acute hazardous waste. Waste listed in accordance with the criteria of subpart 1, item C or which exhibits the characteristic of toxicity under subpart 1, item A shall be designated as toxic waste. Substances shall be listed in part 7045.0141 only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms.
**Subp. 4. Commissioner's recommendation.**
The commissioner may recommend to the agency that a specific generator's waste be classified as a hazardous waste because it meets one or more of the criteria in subpart 1, or because its quantity, concentration, or chemical, physical, or infectious characteristics may:
A. cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or
B. pose a substantial present or potential hazard to human health, or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. If the commissioner makes such a recommendation, the procedures in part 7045.0218 shall be followed.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15*
##### **Minn. R. 7045.0130** [Repealed by amendment, 9 SR 115] {#sec-7045.0130 omnilex-key=us-mn-regs-official--agency-167--7045.0130}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0131** Characteristics of Hazardous Waste {#sec-7045.0131 omnilex-key=us-mn-regs-official--agency-167--7045.0131}
**Subpart 1. In general.**
A waste which is not excluded from regulation as a hazardous waste under part 7045.0120 is a hazardous waste if it exhibits ignitability, corrosivity, reactivity, toxicity, lethality, or is an oxidizer, as described in subparts 2 to 7. A hazardous waste which is identified by a characteristic in this part is assigned every hazardous waste number that is applicable. This number must be used in complying with the notification requirements of section 3010 of the federal Resource Conservation and Recovery Act and all applicable record keeping and reporting requirements under parts 7045.0205 to 7045.0649 and 7045.1390, and chapter 7001. For purposes of this part, the commissioner shall consider a sample obtained using any of the applicable sampling methods specified in Code of Federal Regulations, title 40, part 261, Appendix I, as incorporated in part 7045.0155, or Toxicity Characteristic Leaching Procedure, Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D, to be a representative sample.
**Subp. 2. Ignitability.**
A waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:
A. it is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60 degrees Celsius (140 degrees Fahrenheit), as determined by a Pensky-Martens Closed Cup Tester using the test method specified in standard D-93-79 or D-93-80 in the Annual Book of ASTM Standards, issued by the American Society for Testing and Materials (Philadelphia 1982), or a Setaflash Closed Cup Tester using the test method specified in standard D-3278-78 in the Annual Book of ASTM Standards, issued by the American Society for Testing and Materials (Philadelphia 1982), or as determined by an equivalent test method approved by the commissioner under the procedures set forth in part 7045.0075, subpart 1;
B. it is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard; or
C. it is an ignitable compressed gas as defined in Code of Federal Regulations, title 49, section 173.115, as amended, and as determined by the test methods described in that regulation or equivalent test methods approved by the commissioner under part 7045.0075, subpart 1. A waste that exhibits the characteristic of ignitability has the hazardous waste number of D001.
**Subp. 3. Oxidizers.**
A waste exhibits the characteristics of an oxidizer if a representative sample of the waste has the following properties:
A. it is an oxidizer as defined in Code of Federal Regulations, title 49, section 173.127, as amended; or
B. it readily supplies oxygen to a reaction in the absence of air. Oxidative materials include, but are not limited to, oxides, organic and inorganic peroxides, permanganates, perrhenates, chlorates, perchlorates, persulfates, nitric acid, organic and inorganic nitrates, iodates, periodates, bromates, perselenates, perbromates, chromates, dichromates, ozone, and perborates. Bromine, chlorine, fluorine, and iodine react similarly to oxygen under some conditions and are therefore also oxidative materials. A waste that exhibits the characteristics of an oxidizer has the hazardous waste number of D001.
**Subp. 4. Corrosivity.**
A waste exhibits the characteristic of corrosivity if a representative sample of the waste has any of the following properties:
A. it is aqueous and has a pH less than or equal to 2.0 or greater than or equal to 12.5, as determined by a pH meter using Method 9040C in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D; or
B. it is liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 degrees Celsius (130 degrees Fahrenheit) as determined by the test method specified in National Association of Corrosion Engineers Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D. A waste that exhibits the characteristic of corrosivity has the hazardous waste number of D002.
**Subp. 5. Reactivity.**
A waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:
A. it is normally unstable and readily undergoes violent change without detonating;
B. it reacts violently with water;
C. it forms potentially explosive mixtures with water;
D. when mixed with water, it generates toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment;
E. it is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2.0 and 12.5 can generate toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment;
F. it is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;
G. it is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or
H. it is a forbidden explosive as defined in Code of Federal Regulations, title 49, section 173.54, as amended, a Division 1.1 or 1.2 explosive as defined in Code of Federal Regulations, title 49, section 173.50, as amended, or a Division 1.2 or 1.3 explosive as defined in Code of Federal Regulations, title 49, section 173.50, as amended. A waste that exhibits the characteristic of reactivity has the hazardous waste number of D003.
**Subp. 6. Lethality.**
Lethality is determined as follows:
A. A waste exhibits the characteristic of lethality as determined in item B, if a representative sample of the waste has any one of the following properties:
B. Lethality shall be determined by applying knowledge of materials and processes used, including reasonably available information on the lethality of the components of the waste. If available information and knowledge are insufficient to reasonably determine lethality, the generator must notify the commissioner. The commissioner may order additional evaluation as specified in part 7045.0217. Additional evaluation may include testing according to the specifications of item C.
C. Lethality shall be determined as described in subitems (1) to (3):
D. A waste that exhibits the characteristics of lethality has the hazardous waste number MN01.
**Subp. 7. Toxicity.**
Toxicity is determined as follows:
A. A waste, except manufactured gas plant waste, exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0155, subpart 1, item B, the extract from a representative sample of the waste contains any of the contaminants listed in subpart 8 at a concentration equal to or greater than the respective contaminant values listed. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this evaluation.
B. A waste that exhibits the characteristic of toxicity has the hazardous waste number specified in subpart 8 which corresponds to the toxic contaminant causing it to be hazardous.
C. If the concentration of a constituent in a waste is known and that constituent is listed in subpart 8, the maximum possible concentration in the extract can be calculated on the assumption that 100 percent of the constituent will be extracted. If the calculated maximum possible concentration in the extract is less than the limit listed in subpart 8, the waste is not a hazardous waste because of the subject constituent.
**Subp. 8. Maximum concentration of contaminants for the toxicity characteristic.**
*If o-, m-, and p-cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 milligrams per liter.
**History**
- *Statutory Authority: MS s 14.07; 116.07; 116.37*
- *History: 9 SR 115; L 1987 c 186 s 15; 15 SR 1878; 16 SR 2239; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0133** Exemption from Regulation Due to Lethality {#sec-7045.0133 omnilex-key=us-mn-regs-official--agency-167--7045.0133}
**Subpart 1. In general.**
A generator's waste that exhibits the characteristics of lethality as described in part 7045.0131, subpart 6, may be exempted from regulation under parts 7045.0102 to 7045.1390 if the generator can demonstrate to the satisfaction of the agency that the waste is not capable of posing a present or potential hazard to human health and the environment if the waste were to be improperly treated, transported, stored, disposed, or managed under routine waste management methods.
**Subp. 2. Factors to be considered.**
In demonstrating that a waste should be exempt from regulation under parts 7045.0102 to 7045.1390, the generator must present information related to the following factors:
A. the nature of the lethality displayed by the waste;
B. the median lethal dose or median lethal concentration of the entire waste and each of the lethal constituents within the waste;
C. the lethal constituent or constituents present in the waste and the respective concentrations;
D. the quantity of the waste produced by the generator on an annual basis;
E. the types of improper or routine waste management to which the waste could be subjected;
F. based upon the improper or routine waste management methods considered in item E, the following factors:
G. other factors that are relevant to the agency's determination of whether the waste is capable of posing a present or potential hazard to human health and the environment if the waste were to be improperly treated, transported, stored, disposed of, or managed under routine waste management methods.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 15 SR 1878; 18 SR 1565; 33 SR 2042*
##### **Minn. R. 7045.0135** Lists of Hazardous Wastes {#sec-7045.0135 omnilex-key=us-mn-regs-official--agency-167--7045.0135}
**Subpart 1.**
[Repealed, 33 SR 2042]
**Subp. 1a. Incorporation by reference of federal regulations.**
The following lists of hazardous wastes found in Code of Federal Regulations, title 40, part 261, subpart D, as amended, are incorporated by reference:
A. section 261.30, general;
B. section 261.31, hazardous wastes from nonspecific sources;
C. section 261.32, hazardous wastes from specific sources;
D. section 261.33, discarded commercial chemical products, off-specification species, container residues, and spill residues thereof;
E. section 261.35, deletion of certain hazardous waste codes following equipment cleaning and replacement; and
F. section 261.38, comparable/syngas fuel exclusion.
**Subp. 2.**
[Repealed, 33 SR 2042]
**Subp. 2a.**
[Repealed, 33 SR 2042]
**Subp. 2b. Additions, modifications, or exceptions to incorporated provisions.**
A. Part 7045.0090, adoption and incorporation by reference, also applies.
B. The hazardous waste number in the "U" listing for paraldehyde in Code of Federal Regulations, title 40, section 261.33(f)/Table, should be U182.
C. In Code of Federal Regulations, title 40, section 261.38, Table 1, under "metals," in the listing for "cadmium, total," "ND" is the "composite value" and "1.2" is the "Concentration limit."
**Subp. 3.**
[Repealed, 33 SR 2042]
**Subp. 4.**
[Repealed, 33 SR 2042]
**Subp. 5. PCB wastes.**
Requirements for PCB wastes are as follows:
A. For purposes of this subpart:
B. PCB materials or items are hazardous waste if and when they are discarded or stored prior to being discarded.
C. A generator of PCB wastes is subject to the requirements of Minnesota Statutes, section 116.07, subdivision 2b, and is exempt from the agency's hazardous waste requirements except for:
D. In addition to the requirements of item C, a generator or commercial storer of PCB waste who generates or stores PCB ballasts or PCB small capacitors must comply with the requirements of part 7045.0566, subpart 2. A commercial storer of PCB waste storing only PCB ballasts and PCB small capacitors is not subject to the facility standards in parts 7045.0450 to 7045.0649, except for the requirements of part 7045.0566, subpart 2, or to the hazardous waste facility permit requirements in chapter 7001.
E. Thermal treatment of PCB wastes at concentrations less than 500 parts per million. High efficiency boilers as defined in Code of Federal Regulations, title 40, section 761.60(a), as amended, which are used for treatment of mineral oil dielectric fluid containing less than 500 ppm PCB, are exempt from the agency's hazardous waste facility permit requirements in chapter 7001 and parts 7045.0292 and 7045.0450 to 7045.0649, except for the following requirements:
F. PCB wastes have the hazardous waste number of MN03.
**History**
- *Statutory Authority: MS s 14.07; 116.07; 116.37*
- *History: 9 SR 115; 10 SR 70; 10 SR 1212; 10 SR 1688; 11 SR 301; 11 SR 1832; 12 SR 1660; 13 SR 577; 13 SR 1238; 13 SR 2761; 15 SR 1515; 15 SR 1878; 16 SR 197; 16 SR 2102; 16 SR 2239; 16 SR 2321; 17 SR 285; 18 SR 1886; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0137** Small Amounts of Unrelated Chemicals {#sec-7045.0137 omnilex-key=us-mn-regs-official--agency-167--7045.0137}
A collection of small amounts of unrelated but compatible chemicals, including those for which the description of any sample or set of samples is not representative of the total waste, for example a lab pack, has the hazardous waste number of MN02.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 16 SR 2102; 22 SR 5; 31 SR 1277*
##### **Minn. R. 7045.0139** Basis for Listing Hazardous Wastes {#sec-7045.0139 omnilex-key=us-mn-regs-official--agency-167--7045.0139}
**Subpart 1. General.**
The basis for listing hazardous waste is found in part 7045.0155, subpart 1, item B, which incorporates Code of Federal Regulations, title 40, part 261, Appendix VII, Basis for Listing Hazardous Waste. Part 7045.0155, subpart 2, provides any applicable exceptions.
**Subp. 2.**
[Repealed, 33 SR 2042]
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1212; 11 SR 1832; 12 SR 1660; 15 SR 1515; 16 SR 197; 16 SR 2239; 16 SR 2321; 17 SR 285; 18 SR 1886; 33 SR 2042*
##### **Minn. R. 7045.0140** [Repealed by amendment, 9 SR 115] {#sec-7045.0140 omnilex-key=us-mn-regs-official--agency-167--7045.0140}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0141** Hazardous Constituents {#sec-7045.0141 omnilex-key=us-mn-regs-official--agency-167--7045.0141}
**Subpart 1.**
[Renumbered by amendment as subp. 2, 13 SR 577]
**Subpart 1. Scope.**
The hazardous constituents list is found in part 7045.0155, subpart 1, item C, which incorporates Code of Federal Regulations, title 40, part 261, Appendix VIII, Hazardous Constituents. Part 7045.0155, subpart 2, provides any applicable exceptions.
**Subp. 2.**
[Renumbered by amendment as subp. 3, 13 SR 577]
**Subp. 2.**
[Repealed, 33 SR 2042]
**Subp. 3.**
[Renumbered by amendment as subp. 4, 13 SR 577]
**Subp. 3.**
[Repealed, 33 SR 2042]
**Subp. 4.**
[Renumbered by amendment as subp. 5, 13 SR 577]
**Subp. 4.**
[Repealed, 33 SR 2042]
**Subp. 5.**
[Renumbered by amendment as subp. 6, 13 SR 577]
**Subp. 5.**
[Repealed, 33 SR 2042]
**Subp. 6.**
[Renumbered by amendment as subp. 7, 13 SR 577]
**Subp. 6.**
[Repealed, 33 SR 2042]
**Subp. 7.**
[Renumbered by amendment as subp. 8, 13 SR 577]
**Subp. 7.**
[Repealed, 33 SR 2042]
**Subp. 8.**
[Renumbered by amendment as subp. 9, 13 SR 577]
**Subp. 8.**
[Repealed, 33 SR 2042]
**Subp. 9.**
[Renumbered by amendment as subp. 10, 13 SR 577]
**Subp. 9.**
[Repealed, 33 SR 2042]
**Subp. 10.**
[Renumbered by amendment as subp. 11, 13 SR 577]
**Subp. 10.**
[Repealed, 33 SR 2042]
**Subp. 11.**
[Renumbered by amendment as subp. 12, 13 SR 577]
**Subp. 11.**
[Repealed, 33 SR 2042]
**Subp. 12.**
[Renumbered by amendment as subp. 13, 13 SR 577]
**Subp. 12.**
[Repealed, 33 SR 2042]
**Subp. 13.**
[Renumbered by amendment as subp. 14, 13 SR 577]
**Subp. 13.**
[Repealed, 33 SR 2042]
**Subp. 14.**
[Renumbered by amendment as subp. 15, 13 SR 577]
**Subp. 14.**
[Repealed, 33 SR 2042]
**Subp. 15.**
[Renumbered by amendment as subp. 16, 13 SR 577]
**Subp. 15.**
[Repealed, 33 SR 2042]
**Subp. 16.**
[Renumbered by amendment as subp. 17, 13 SR 577]
**Subp. 16.**
[Repealed, 33 SR 2042]
**Subp. 17.**
[Renumbered by amendment as subp. 18, 13 SR 577]
**Subp. 17.**
[Repealed, 33 SR 2042]
**Subp. 18.**
[Renumbered by amendment as subp. 19, 13 SR 577]
**Subp. 18.**
[Repealed, 33 SR 2042]
**Subp. 19.**
[Renumbered by amendment as subp. 20, 13 SR 577]
**Subp. 19.**
[Repealed, 33 SR 2042]
**Subp. 20.**
[Renumbered by amendment as subp. 21, 13 SR 577]
**Subp. 20.**
[Repealed, 33 SR 2042]
**Subp. 21.**
[Renumbered by amendment as subp. 23, 13 SR 577]
**Subp. 21.**
[Repealed, 33 SR 2042]
**Subp. 22.**
[Repealed, 33 SR 2042]
**Subp. 23.**
[Repealed, 33 SR 2042]
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1212; 11 SR 1832; 13 SR 577; 15 SR 1515; 16 SR 197; 17 SR 285; 33 SR 2042*
##### **Minn. R. 7045.0142** [Repealed, 10 SR 1688] {#sec-7045.0142 omnilex-key=us-mn-regs-official--agency-167--7045.0142}
[Repealed, 10 SR 1688]
##### **Minn. R. 7045.0143** Groundwater Protection Hazardous Constituents List {#sec-7045.0143 omnilex-key=us-mn-regs-official--agency-167--7045.0143}
**Subpart 1. Scope.**
The groundwater protection hazardous constituents list is found in part 7045.0543, subpart 1, item D, which incorporates Code of Federal Regulations, title 40, part 264, Appendix IX, Ground Water Monitoring List. Part 7045.0543, subpart 2, provides any applicable exceptions.
**Subp. 2.**
[Repealed, 33 SR 2042]
**Subp. 3.**
[Repealed, 33 SR 2042]
**Subp. 4.**
[Repealed, 33 SR 2042]
**Subp. 5.**
[Repealed, 33 SR 2042]
**Subp. 6.**
[Repealed, 33 SR 2042]
**Subp. 7.**
[Repealed, 33 SR 2042]
**Subp. 9.**
[Repealed, 33 SR 2042]
**Subp. 10.**
[Repealed, 33 SR 2042]
**Subp. 12.**
[Repealed, 33 SR 2042]
**Subp. 13.**
[Repealed, 33 SR 2042]
**Subp. 14.**
[Repealed, 33 SR 2042]
**Subp. 15.**
[Repealed, 33 SR 2042]
**Subp. 17.**
[Repealed, 33 SR 2042]
**Subp. 20.**
[Repealed, 33 SR 2042]
**Subp. 21.**
[Repealed, 33 SR 2042]
**Subp. 23.**
[Repealed, 33 SR 2042]
**Subp. 25.**
[Repealed, 33 SR 2042]
**Subp. 27.**
[Repealed, 33 SR 2042]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 13 SR 577; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0145** Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement at Wood Preserving Plants {#sec-7045.0145 omnilex-key=us-mn-regs-official--agency-167--7045.0145}
**Subpart 1. Scope.**
Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of subparts 2 and 3. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the characteristics of hazardous waste.
**Subp. 2. Process equipment cleaning and replacement.**
Generators must either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams. Cleaning and replacement of process equipment must be performed in a manner which minimizes or eliminates the escape of hazardous waste or waste constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the groundwater, surface water, or atmosphere. Generators must either:
A. prepare and follow an equipment cleaning plan and clean equipment in accordance with this item by:
B. prepare, sign, and follow a written equipment replacement plan that describes the equipment to be replaced, how the equipment will be replaced, and how the equipment will be disposed of as F032 waste; or
C. document that previous equipment cleaning and/or replacement was performed in accordance with this part and occurred after cessation of use of chlorophenolic formulations.
**Subp. 3. Record keeping.**
The generator must maintain the following records documenting the cleaning and replacement as part of the facility's operating record:
A. the name and address of the facility;
B. formulations previously used and the date on which their use ceased in each process at the plant;
C. formulations currently used in each process at the plant;
D. the equipment cleaning or replacement plan;
E. the name and address of any persons who conducted the cleaning and replacement;
F. the dates on which cleaning and replacement were accomplished;
G. the dates of sampling and testing;
H. a description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody for the samples;
I. a description of the tests performed, the dates the tests were performed, and the results of the tests;
J. the name and model numbers of the instruments used in performing the tests;
K. quality assurance/quality control (QA/QC) documentation; and
L. the following statement signed by the generator or the generator's authorized representative: "I certify under penalty of law that all process equipment required to be cleaned or replaced under Minnesota Rules, part 7045.0145, was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 17 SR 285; 20 SR 715*
##### **Minn. R. 7045.0150** [Repealed by amendment, 9 SR 115] {#sec-7045.0150 omnilex-key=us-mn-regs-official--agency-167--7045.0150}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0155** Appendices to Identification and Listing of Hazardous Waste {#sec-7045.0155 omnilex-key=us-mn-regs-official--agency-167--7045.0155}
**Subpart 1. Incorporation of federal regulations.**
The following appendices found in Code of Federal Regulations, title 40, part 261, as amended, are incorporated by reference:
A. Appendix I, Representative Sampling Methods;
B. Appendix VII, Basis for Listing Hazardous Waste; and
C. Appendix VIII, Hazardous Constituents.
**Subp. 2. Additions, modifications, or exceptions to incorporated regulations.**
A. Part 7045.0090, adoption and incorporation by reference, also applies.
B. The chemical abstracts name for physostigmine listed in Code of Federal Regulations, title 40, part 261, Appendix VIII, is "Pyrrolo [2,3-b]indol-5-o1."
C. The chemical abstracts number for potassium pentachlorophenate in Code of Federal Regulations, title 40, part 261, Appendix VIII, should be "7778-73-6."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7045.0160** [Repealed by amendment, 9 SR 115] {#sec-7045.0160 omnilex-key=us-mn-regs-official--agency-167--7045.0160}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0170** [Repealed by amendment, 9 SR 115] {#sec-7045.0170 omnilex-key=us-mn-regs-official--agency-167--7045.0170}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0200** [Repealed by amendment, 9 SR 115] {#sec-7045.0200 omnilex-key=us-mn-regs-official--agency-167--7045.0200}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0205** Applicability of Generator Standards {#sec-7045.0205 omnilex-key=us-mn-regs-official--agency-167--7045.0205}
**Subpart 1. Applicability to generators.**
Parts 7045.0205 to 7045.0325 apply to generators of hazardous waste. A generator shall comply with the generator requirements applicable to generator size as determined under part 7045.0206.
**Subp. 2. Applicability to transporters.**
The standards applicable to generators established in parts 7045.0205 to 7045.0325 apply to transporters of hazardous waste if a transporter transports hazardous waste into Minnesota from a foreign country or mixes hazardous waste of different United States Department of Transportation shipping descriptions by placing them into a single container as provided in part 7045.0355.
**Subp. 3. Applicability to owners or operators of hazardous waste facilities.**
The standards applicable to generators established in parts 7045.0205 to 7045.0325 apply to owners or operators of hazardous waste treatment, storage, or disposal facilities if a hazardous waste facility initiates a shipment of hazardous waste as provided in parts 7045.0472 and 7045.0578.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 16 SR 2102; 31 SR 1277*
##### **Minn. R. 7045.0206** Generator Size Determination {#sec-7045.0206 omnilex-key=us-mn-regs-official--agency-167--7045.0206}
**Subpart 1. Applicability.**
This part applies to all generators for purposes of determining generator size.
**Subp. 2. Large quantity generator.**
A large quantity generator is a generator who, in a calendar month, generates 1,000 kilograms of hazardous waste or more.
**Subp. 3. Small quantity generator.**
A small quantity generator is a generator who, in a calendar month, generates more than 100 kilograms and less than 1,000 kilograms of hazardous waste.
**Subp. 4. Very small quantity generator.**
A very small quantity generator is a generator who, in a calendar month, generates 100 kilograms of hazardous waste or less.
**Subp. 4a. Acute hazardous waste generation and spill cleanup.**
A generator of acute hazardous waste is a large quantity generator if, in a calendar month, that person generates:
A. more than one kilogram of acute hazardous waste; or
B. more than 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of any acute hazardous waste into or on any land or water. A generator who generates less than the amounts in items A and B of acute hazardous waste in a calendar month shall determine his or her generator size under subparts 2 to 4. Hazardous waste quantity determinations under subparts 2 to 4 shall include the amount of acute hazardous waste generated.
**Subp. 5. Waste exempt from size determination.**
A generator shall not include the following waste when determining the quantity of hazardous waste generated:
A. exempt waste under part 7045.0120;
B. recycled waste under part 7045.0125, subparts 4, 5, and 6;
C. used oil, excluding hazardous waste which has been mixed with used oil under part 7045.0800, that is exempt under part 7045.0125, subpart 3a;
D. sewered hazardous waste that is pretreated as provided in part 7045.0305, subpart 2;
E. for mixtures of nonhazardous waste and hazardous waste, waste that is nonhazardous under part 7045.0102, provided that the volume of the hazardous waste before mixing is counted;
F. spent materials that are generated, reclaimed, and subsequently reused on site, provided that the spent materials have been counted once; and
G. universal waste managed under part 7045.1400.
**Subp. 6. Change in generator size status.**
If a small quantity generator exceeds the quantity limits listed in subpart 3, the generator loses small quantity generator status and is subject to all the generator requirements of this chapter unless the generator regains small quantity generator status under item A or B.
If a very small quantity generator exceeds the quantity limits listed in subpart 4, the generator loses very small quantity generator status and is subject to the small quantity generator requirements of this chapter unless very small quantity generator status is regained under item A or C.
A. Once generator size status is lost, the generator shall not regain that status until the generator is notified in writing by the commissioner that the original generator size status has been approved. The commissioner shall only approve generator size status under this item if the generator can demonstrate to the satisfaction of the commissioner that the waste quantities that will be generated in the future will meet the limits established in subpart 3 or 4, as applicable. The generator shall make this demonstration by submitting a written statement to the commissioner requesting reclassification as a small or very small quantity generator, as applicable, and including the information necessary for the commissioner to evaluate the request. The information shall include an explanation of the circumstances that resulted in each instance of overgeneration during the past year, an explanation of the measures that the generator has taken to correct the cause of overgeneration, and other information as necessary to document that the overgeneration will not reoccur.
B. For small quantity generators, if the quantity of hazardous waste generated in any calendar month exceeds the quantities listed in subpart 3 and the cause of the overgeneration is a spill or accidental release of hazardous waste that is not acute hazardous waste; the shutdown or cleanup of some part of the generation process; or the replacement of PCB containing equipment, the generator loses small quantity generator status and is subject to all the generator requirements of this chapter. However, in any of these cases, a generator will automatically regain small quantity generator status without applying to the commissioner for approval if the generator:
C. For very small quantity generators, if the quantity of hazardous waste generated in any calendar month exceeds the quantities listed in subpart 4 but does not exceed the quantity listed in subpart 3, the generator loses very small quantity generator status and is subject to the small quantity generator requirements of this chapter. However, a generator shall automatically regain very small quantity generator status without applying to the commissioner for approval if the generator:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2102; 18 SR 1565; 20 SR 715; 30 SR 43*
##### **Minn. R. 7045.0208** Hazardous Waste Management {#sec-7045.0208 omnilex-key=us-mn-regs-official--agency-167--7045.0208}
**Subpart 1. Management by generator.**
A generator must manage hazardous waste by using one of the methods described in items A to H, unless otherwise specifically exempted under this chapter.
A. A generator may treat or dispose of hazardous waste at an on-site facility as provided under part 7045.0211.
B. A generator may ensure delivery of hazardous waste to an off-site storage, treatment, or disposal facility. If located in the United States, the facility used must be permitted to accept hazardous waste under the agency's permitting procedures, have interim status under parts 7045.0552 to 7045.0649, or be authorized to manage hazardous waste by the Environmental Protection Agency or by a state with a hazardous waste management program authorized by the Environmental Protection Agency.
C. A generator may ensure delivery of hazardous waste to a facility that under part 7045.0125 beneficially uses or reuses, legitimately recycles, or legitimately reclaims the waste, or treats the waste before beneficial use or reuse, legitimate recycling, or legitimate reclamation.
D. A generator may export hazardous waste to a foreign country under the limitations in part 7045.0302.
E. A generator may discharge hazardous waste to a publicly owned treatment works according to the notification requirements, prohibitions, limitations, and other management requirements imposed by the publicly owned treatment works operating authority, by federal statutes and regulations, or by state statutes and rules, providing:
F. A generator may ensure delivery of hazardous waste to a very small quantity generator collection program operated under part 7045.0320.
G. A generator of universal waste may ensure delivery of universal waste to a universal waste handler or destination facility under part 7045.1400.
H. A generator may ensure delivery of PCB waste to a commercial storer of PCB waste, as defined in part 7045.0135, subpart 5.
**Subp. 1a. Abandonment.**
A generator must not dispose of or abandon hazardous waste or arrange for the disposal of hazardous waste at a location other than as provided under subpart 1.
**Subp. 2. Relinquishing control.**
A generator must not relinquish control of a hazardous waste if:
A. the generator has reason to believe that the hazardous waste will not be properly managed;
B. the transporter or the treatment, storage, or disposal facility is not exempt under this chapter and has not received an identification number; or
C. the transporter is not currently licensed or permitted by the Minnesota Department of Transportation as a hazardous waste transporter, except as exempted in part 7045.0120.
**Subp. 3. Effect on liability.**
Nothing in subparts 1 and 2 is intended to restrict, enlarge, or affect, in any way, any liability the generator may have to correct the mismanagement of the hazardous waste or pay for damages or alleviate any pollution caused by the mismanagement of the hazardous waste.
**Subp. 4. Land disposal.**
Hazardous wastes are subject to the requirements of part 7045.1390.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2102; 18 SR 1565; 20 SR 715; 22 SR 5; 30 SR 43; 33 SR 2042*
##### **Minn. R. 7045.0210** Financial Responsibility of Hazardous Waste Generators {#sec-7045.0210 omnilex-key=us-mn-regs-official--agency-167--7045.0210}
No person shall produce a hazardous waste within the state of Minnesota or produce a hazardous waste outside the state of Minnesota that is transported to a hazardous waste facility within the state of Minnesota unless that person has adequate financial resources to insure that the hazardous waste is disposed of, treated, or processed at a hazardous waste facility permitted to manage such waste. Nothing in this provision is intended to restrict or enlarge or affect in any way, any liability the generator may have to correct the mismanagement of the hazardous waste or pay for damages or alleviate any pollution caused by the mismanagement of the hazardous waste.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115*
##### **Minn. R. 7045.0211** Requirements for Generators with on-Site Facilities {#sec-7045.0211 omnilex-key=us-mn-regs-official--agency-167--7045.0211}
**Subpart 1. Waste procedures.**
A generator who treats, stores, or disposes of a hazardous waste on site which has been produced on site must comply with this chapter and chapter 7001, as applicable.
**Subp. 2.**
[Repealed, 16 SR 2102]
**Subp. 3.**
[Repealed, 16 SR 2102]
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 9 SR 115; 16 SR 2102*
##### **Minn. R. 7045.0212** Transfrontier Shipments {#sec-7045.0212 omnilex-key=us-mn-regs-official--agency-167--7045.0212}
A. Any person who exports or imports hazardous waste subject to the manifesting requirements of parts 7045.0261 to 7045.0265 or the universal waste management standards of part 7045.1400 to or from countries listed in Code of Federal Regulations, title 40, section 262.58(a)(1), for recovery must comply with part 7045.0322.
B. Any person who imports hazardous waste into the state of Minnesota from a source outside the United States must comply with the standards applicable to generators established in parts 7045.0205 to 7045.0325.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 16 SR 2102; 31 SR 1277*
##### **Minn. R. 7045.0213** Farmers; Pesticides {#sec-7045.0213 omnilex-key=us-mn-regs-official--agency-167--7045.0213}
**Subpart 1. General applicability.**
A farmer who generates waste pesticides which are hazardous waste must comply with the standards applicable to generators established in parts 7045.0205 to 7045.0325 except as provided in subpart 2.
**Subp. 2. Special conditions.**
A farmer who generates waste pesticides which are hazardous waste and who triple rinses each emptied pesticide container and disposes of the pesticide residues on the farmer's farm in a manner consistent with the disposal instructions on the pesticide label is not required with respect to those pesticides to comply with other standards in parts 7045.0205 to 7045.0320 or to comply with parts 7045.0450 to 7045.1390, or to obtain a hazardous waste facility permit, provided that:
A. the container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;
B. the container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or
C. in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container has been removed.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 15 SR 1515; 16 SR 2102; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0214** Evaluation of Wastes {#sec-7045.0214 omnilex-key=us-mn-regs-official--agency-167--7045.0214}
**Subpart 1. General requirement.**
Any person who produces a waste within the state of Minnesota or any person who produces a waste outside the state of Minnesota that is managed within the state of Minnesota, must evaluate the waste to determine if it is hazardous within 60 days of initially generating the waste. The generation start date must be recorded and available for inspection. Waste that is not evaluated within 60 days of the generation start date must be managed as a hazardous waste and the person who produces the waste must be considered a generator until the waste is determined to be nonhazardous under parts 7045.0214 to 7045.0218. A material is determined to be a waste in accordance with the conditions specified under the definition of other waste material in part 7045.0020. Any waste evaluated and exempted under part 7045.0075 or 7045.0120 does not need to be reevaluated under this part. If the waste is determined to be hazardous, the generator must refer to parts 7045.0075, 7045.0450 to 7045.0990, 7045.1390, and 7045.1400 for possible exclusions or restrictions relating to management of the specific waste.
**Subp. 2. Method for evaluation.**
The person evaluating the waste must determine if the waste meets any of the following criteria for a hazardous waste:
A. the waste is listed in part 7045.0135; or
B. if the waste is not listed in part 7045.0135, the person must then determine whether the waste is identified in part 7045.0131 by either:
**Subp. 3. Wastes generated by treatment, storage, or disposal.**
Wastes generated by treatment, storage, or disposal of hazardous waste are as follows:
A. Except as provided in items B to E, or in part 7045.0102, any waste generated from the treatment, storage, or disposal of hazardous waste, including any sludge, spill residue, ash, emission control dust or leachate, but not including precipitation runoff, is a hazardous waste if it meets the criteria of subpart 2 or if it is derived from a waste that is listed in part 7045.0135.
B. Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from iron and steel industry facilities which are classified as number 331 or 332 facilities under the Office of Management and Budget Standard Industrial Classification Manual, is not a hazardous waste unless it exhibits one or more characteristics of hazardous waste under part 7045.0131.
C. Materials that have been reclaimed from hazardous wastes and from wastes that have been reclaimed that are beneficially used are not hazardous wastes unless the reclaimed material is used in a manner constituting disposal under part 7045.0665 or burned for energy recovery under part 7045.0692.
D. Wastes from burning any of the materials exempted from regulation by part 7045.0125, subpart 4, items D to J, are not hazardous wastes.
E. Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations, or industrial furnaces that are blast furnaces or smelting, melting, and refining furnaces, including pyrometallurgical devices, such as cupolas, reverberator furnaces, sintering machines, roasters, or foundry furnaces, or that are other devices that the commissioner determines qualify for inclusion as an industrial furnace under part 7045.0020, subpart 43b, that are disposed in solid waste disposal units, provided that these residues meet the generic exclusion levels identified in the tables in this item for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan. At a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements. The generic exclusion levels for K061 and K062 nonwastewater HTMR residues are as follows: The generic exclusion levels for F006 nonwastewater HTMR residues are as follows: For K061, K062, or F006 HTMR residues sent to solid waste disposal units, the treatment facility must prepare and send to the commissioner a onetime notification and certification certifying that the residues meet the generic exclusion levels for all constituents and do not exhibit any characteristics of hazardous waste. The notification and certification must also be kept in the facility's files. The notification and certification must be updated if the process or operation generating the waste changes or if the solid waste disposal unit receiving the waste changes. However, the treatment facility need only notify the commissioner on an annual basis if these changes occur. The notification and certification must be sent to the commissioner no later than December 31. The notification and certification must include the following information:
**History**
- *Statutory Authority: MS s 115.03; 116.07; 116.37*
- *History: 9 SR 115; 10 SR 70; 10 SR 1688; 11 SR 1832; L 1987 c 186 s 15; 13 SR 1238; 14 SR 1718; 16 SR 2239; 18 SR 1565; 18 SR 1886; 22 SR 5; 30 SR 43; 33 SR 2042*
##### **Minn. R. 7045.0215** Timing of Waste Evaluation {#sec-7045.0215 omnilex-key=us-mn-regs-official--agency-167--7045.0215}
**Subpart 1. Individual wastes; combined wastes.**
Waste evaluation must be of the individual waste prior to any mingling or combining with other wastes. If wastes are subsequently mingled or combined, except for wastes that are mingled or combined in a sewer system, the generator must also evaluate the waste resulting from the mingling or combining within 60 days of the act of mingling or combining. Failure to do so means that the commingled or mixed waste must be managed as a hazardous waste and the person who produces the waste must be considered a generator until the waste is determined to be nonhazardous under parts 7045.0214 to 7045.0218.
**Subp. 2. Reevaluations.**
The person must reevaluate the waste whenever the person has reason to believe that the composition of the waste is altered so that the results of the previous evaluation are no longer representative of the waste.
**Subp. 3. Representative evaluations.**
A person who produces two or more wastes that are substantively identical or are from substantively identical processes, such that one waste is representative of the other wastes, may use one evaluation for all such wastes.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 18 SR 1565*
##### **Minn. R. 7045.0216** Evaluation Reports to the Commissioner {#sec-7045.0216 omnilex-key=us-mn-regs-official--agency-167--7045.0216}
**Subpart 1. Necessary information.**
The commissioner may request at any time that a person producing a waste submit the results of the evaluation of the waste. The person must submit the following information as requested by the commissioner:
A. The type of waste and the source or process from which it was produced.
B. The chemical composition of the waste and the anticipated fluctuations in its chemical composition.
C. The concentration of each component listed in part 7045.0131, subpart 8 found in the leachate of the waste. The person evaluating the waste may submit soft data in lieu of testing the waste if the data is sufficient to demonstrate whether the waste is hazardous or nonhazardous due to the toxicity characteristic.
D. The results of the evaluation to determine whether the waste has any characteristics listed in part 7045.0131.
E. If any tests were conducted to evaluate the waste, the person must submit the results of all tests conducted.
**Subp. 2. Consequences of failure to report.**
If the person who is requested by the commissioner to submit the results of an evaluation of a waste fails to submit the required information within 30 days after the request, the waste must be managed as a hazardous waste, and the person who produces the waste must be considered a generator until the commissioner has determined whether the waste is hazardous or not.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 15 SR 1878*
##### **Minn. R. 7045.0217** Additional Evaluations Ordered by the Commissioner {#sec-7045.0217 omnilex-key=us-mn-regs-official--agency-167--7045.0217}
If the commissioner determines that the results of the evaluation are not adequate to determine whether the waste is hazardous, the commissioner may require the person to conduct an additional evaluation. The commissioner shall notify the person in writing of such determination, the reasons therefor, and the additional tests that must be run or additional data that must be obtained. If the results of the additional evaluation are not reported to the commissioner within 30 days of the request, the waste must be managed as a hazardous waste and the person who produces the waste must be considered a generator until the commissioner has determined whether the waste is hazardous or not. The commissioner may grant additional time for evaluation when the person demonstrates that an extension is necessary.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15*
##### **Minn. R. 7045.0218** Classification of Wastes as Hazardous by the Agency {#sec-7045.0218 omnilex-key=us-mn-regs-official--agency-167--7045.0218}
If the commissioner recommends to the agency that a specific generator's waste be classified as a hazardous waste pursuant to part 7045.0129, subpart 4, the commissioner shall notify the person producing the waste in writing of the recommendation and the person shall have at least 30 days to submit any additional material or written comments to the agency before the agency makes a determination. The agency shall notify the person in writing of its decision. The agency shall hold a contested case hearing pursuant to Minnesota Statutes, chapter 14 upon request of the person producing the waste. The waste must be managed as a hazardous waste and the person who produces the waste must be considered a hazardous waste generator until the agency has determined whether the waste is hazardous or until six months after the date of the commissioner's recommendation whichever occurs first; provided, however, that the person shall not be required to obtain a hazardous waste facility permit for storage of the waste on-site during this time. Any recommendation by the commissioner shall be considered on an expeditious basis.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15*
##### **Minn. R. 7045.0219** [Repealed, 16 SR 2102] {#sec-7045.0219 omnilex-key=us-mn-regs-official--agency-167--7045.0219}
[Repealed, 16 SR 2102]
##### **Minn. R. 7045.0220** [Repealed, 16 SR 2102] {#sec-7045.0220 omnilex-key=us-mn-regs-official--agency-167--7045.0220}
[Repealed, 16 SR 2102]
##### **Minn. R. 7045.0221** Identification Number {#sec-7045.0221 omnilex-key=us-mn-regs-official--agency-167--7045.0221}
Within 75 days after first generating hazardous waste, prior to any transportation, treatment, storage, or disposal of any hazardous waste, and prior to applying for a license under part 7045.0240, a generator must apply for an identification number on forms provided by the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 22 SR 5*
##### **Minn. R. 7045.0225** Generator License {#sec-7045.0225 omnilex-key=us-mn-regs-official--agency-167--7045.0225}
**Subpart 1. Applicability.**
A person who generates hazardous waste must obtain a hazardous waste generator license for each individual generation site. The procedures for application and issuance are described in parts 7045.0225 to 7045.0250. The fees associated with the license are set forth in parts 7046.0031 to 7046.0070.
**Subp. 2. Posting.**
A generator must prominently display the hazardous waste generator license in a public area at the licensed site.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2102*
##### **Minn. R. 7045.0230** Content of Initial License Application {#sec-7045.0230 omnilex-key=us-mn-regs-official--agency-167--7045.0230}
**Subpart 1. Information required.**
Except as provided in subpart 1a, an application must be on a form provided by the commissioner and must include the following information:
A. the generator's company name, location address, mailing address, type of business, principal products or service, contact person, telephone number, and identification number or date applied for;
B. a list of all hazardous wastes generated, their corresponding hazardous waste numbers from parts 7045.0131 and 7045.0135, and the physical state, and the source or process from which the wastes are generated;
C. a list of all used oils generated, the physical state, and the source or process from which the waste was produced;
D. a management plan for each hazardous waste and used oil produced that includes the following information:
E. the following certification signed by the generator or authorized representative: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."; and
F. any additional information regarding the generator or the waste produced and managed by the generator which is necessary to a decision on the application and which has been requested by the commissioner.
**Subp. 1a. Very small quantity generator license application.**
An application for a very small quantity generator license must be on a form provided by the commissioner and must include the following information:
A. the generator's company name, location address, mailing address, type of business, contact person, telephone number, and identification number;
B. the date each hazardous waste was first produced;
C. the name or a description of each hazardous waste generated;
D. the estimated amount of each hazardous waste to be produced in a one year period;
E. the methods of treatment and/or disposal;
F. the certification required under subpart 1, item E; and
G. additional information required under subpart 1 as requested by the commissioner.
**Subp. 2.**
[Repealed by amendment, 9 SR 115]
**Subp. 3.**
[Repealed, 16 SR 2102]
**Subp. 4.**
[Repealed, 22 SR 5]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 15 SR 1878; 16 SR 2102; 18 SR 1565; 18 SR 2195; 22 SR 5*
##### **Minn. R. 7045.0235** [Repealed, 16 SR 2102] {#sec-7045.0235 omnilex-key=us-mn-regs-official--agency-167--7045.0235}
[Repealed, 16 SR 2102]
##### **Minn. R. 7045.0240** Submittal of License Application {#sec-7045.0240 omnilex-key=us-mn-regs-official--agency-167--7045.0240}
**Subpart 1.**
[Repealed, 16 SR 2102]
**Subp. 2.**
[Repealed, 16 SR 2102]
**Subp. 3. License application submittal.**
Each generator who is producing hazardous waste in Minnesota must submit a license application to the commissioner by the due date specified by the commissioner. The specified due date shall be within one year of the generator's application for an identification number under part 7045.0221. The generator must at all times manage the waste in full compliance with parts 7045.0205 to 7045.0325. After the commissioner acts on the license application, the generator must manage the waste according to the license conditions and the requirements of this chapter or the generator must cease producing the waste if the license application is denied.
**Subp. 4. Prohibition on generation.**
A generator who is denied a generator license or who fails to submit a timely application for a generator license shall immediately stop generating the hazardous waste until a license is obtained.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 16 SR 2102; 18 SR 1565; 22 SR 5; 31 SR 1277*
##### **Minn. R. 7045.0243** Term and Conditions of License {#sec-7045.0243 omnilex-key=us-mn-regs-official--agency-167--7045.0243}
**Subpart 1. Term of license.**
A hazardous waste generator license is issued for a term to be determined by the commissioner. The term of a license shall not exceed two years.
**Subp. 2. Special conditions.**
Each license will contain or reference conditions necessary for the licensee to achieve compliance with applicable Minnesota or federal statutes or rules, including each of the applicable requirements in parts 7045.0205 to 7045.0325, and any conditions that the commissioner determines and shows with reasonable justification to be necessary to protect human health and the environment.
**Subp. 3. General conditions.**
Each license must include the general conditions described in items A to J and the commissioner shall incorporate these conditions into all licenses either expressly or by specific reference to this part. Licensees must comply with all conditions of the license at all times.
A. The commissioner's issuance of a license does not release the licensee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the license.
B. The commissioner's issuance of a license does not prevent the future adoption by the agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of this chapter, standards, or orders against the licensee.
C. The commissioner's issuance of a license does not obligate the agency to enforce local laws, rules, or plans beyond that authorized by Minnesota Statutes.
D. The licensee may not knowingly make a false or misleading statement, representation, or certification in a record, report, or other document required to be submitted to the agency or to the commissioner by the license or this chapter. The licensee must immediately upon discovery report to the commissioner an error or omission in these records, reports, or other documents.
E. When authorized by Minnesota Statutes, sections 115.04; 115B.17, subdivision 4; and 116.091, and upon presentation of proper credentials, the agency, or an authorized employee or agent of the agency, shall be allowed by the licensee to enter at reasonable times upon the licensed property of the licensee to examine and copy books, papers, records, or memoranda pertaining to the activity covered by the license; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the activity covered by the license.
F. If the licensee discovers, through any means, including notification by the commissioner, that noncompliance with a condition of the license has occurred, the licensee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from the noncompliance.
G. If the licensee begins generation of a hazardous waste that was not included on the license application and is therefore not authorized under the existing license, the licensee must submit an amended application providing information required in part 7045.0230 within 75 days of first producing the new hazardous waste. The generator must at all times manage the new waste in full compliance with parts 7045.0205 to 7045.0325. The generator must not treat, dispose of, or relinquish control of the new waste until at least 15 days after the amended license application is received by the commissioner. The date of receipt is the postmark date if mailed or the agency date of receipt if hand delivered. In the period between 15 days after receipt and the commissioner's action under part 7045.0245, the generator may treat, dispose of, and relinquish control of the new waste as provided in part 7045.0208 until written response to the generator's amended license application is received under part 7045.0245. After the commissioner acts on the amended license application, the generator must manage the new waste according to the amended license conditions and the requirements of this chapter or the generator must cease producing the new waste if the amended license application is denied.
H. If the licensee changes management of a hazardous waste during the term of the license, the licensee must report the change in the next license renewal application required under part 7045.0248.
I. The license is not transferable. If the owner or operator to whom the license has been issued changes, the new owner or operator must apply for a new license not later than 30 days after the change.
J. The license authorizes the licensee to perform the activities described in or referenced by the license under the conditions of the license. In issuing the license, the state and agency assume no responsibility for damage to persons, property, or the environment caused by the activities of the licensee in the conduct of its actions, including those activities authorized under the license. To the extent the state and agency may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.736.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2102; 18 SR 1565; 20 SR 715; 31 SR 1277*
##### **Minn. R. 7045.0245** License Approval and Issuance {#sec-7045.0245 omnilex-key=us-mn-regs-official--agency-167--7045.0245}
**Subpart 1. Review and approval.**
The commissioner shall conduct a review of the license application and shall:
A. approve the hazardous waste generator license application;
B. require the submission of additional information or management plans or both to make the license application complete and approvable;
C. require changes in the management of the hazardous waste or wastes to make the license application approvable; or
D. deny the license.
**Subp. 2. License issuance.**
The commissioner will issue a hazardous waste generator license upon approval of the application under subpart 1 and payment in full of generator fees required under chapter 7046.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 16 SR 2102*
##### **Minn. R. 7045.0247** License Renewal and Continuation of Expired License {#sec-7045.0247 omnilex-key=us-mn-regs-official--agency-167--7045.0247}
**Subpart 1. License renewal.**
The commissioner will renew the license after receipt, review, and approval of the license renewal application required under part 7045.0248 and payment in full of generator fees required under chapter 7046.
**Subp. 2. Continuation of expired license.**
A generator who holds an expired license may continue to conduct the licensed activity according to the terms and conditions of the expired license until the commissioner takes final action on the renewal application if the commissioner determines that items A to D are true.
A. The licensee has submitted the application required under part 7045.0248 no later than 30 days after receipt of license renewal application.
B. The licensee responds to requests by the commissioner for additional application information within 14 days of receiving the written request.
C. The licensee is in compliance with the terms and conditions of the expired license.
D. The licensee has made payment in full of generator fees required under chapter 7046.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2102*
##### **Minn. R. 7045.0248** License Renewal Application {#sec-7045.0248 omnilex-key=us-mn-regs-official--agency-167--7045.0248}
**Subpart 1. Applicability.**
A licensed generator must submit a license renewal application to the commissioner on forms provided by the commissioner. A generator must submit the application by a date specified by the commissioner. The application must contain the following information for each hazardous waste produced during the preceding calendar year:
A. any changes to information submitted under part 7045.0230, subpart 1, items A to F;
B. for large quantity generators, by March 1 of every even-numbered year, the information required for the biennial report required by the EPA under Code of Federal Regulations, title 40, section 262.41;
C. any additional information requested by the commissioner regarding the generator or the waste produced and managed by the generator and which is necessary to a decision on the application; and
D. the following certification signed by the generator or authorized representative: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
**Subp. 2.**
[Repealed, 22 SR 5]
**Subp. 3. Recycled waste.**
A generator of waste that is recycled according to part 7045.0125, and is exempt from the requirements of parts 7045.0261 and 7045.0265, must include as part of the application required under subpart 1 or 2:
A. evidence that the waste was recycled; and
B. evidence that a continuing market exists for the waste.
**Subp. 4. Exported waste.**
Reporting for exports of hazardous waste is not required under this part. Export reporting requirements are set out in part 7045.0302, subpart 6.
**Subp. 5. Approval of application.**
License renewal applications shall be subject to the commissioner's review and approval procedures under part 7045.0245, subpart 1.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2102; 18 SR 1565; 22 SR 5*
##### **Minn. R. 7045.0249** [Repealed, 16 SR 2102] {#sec-7045.0249 omnilex-key=us-mn-regs-official--agency-167--7045.0249}
[Repealed, 16 SR 2102]
##### **Minn. R. 7045.0250** [Repealed by amendment, 9 SR 115] {#sec-7045.0250 omnilex-key=us-mn-regs-official--agency-167--7045.0250}
[Repealed by amendment, 9 SR 115]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2102; 18 SR 1565*
##### **Minn. R. 7045.0255** Onetime Disposal Requirements {#sec-7045.0255 omnilex-key=us-mn-regs-official--agency-167--7045.0255}
A person having hazardous waste subject to regulation under this chapter who is only a hazardous waste generator for the onetime disposal of hazardous waste which is not currently being produced, must comply with this chapter except as provided in items A to D. The exemptions in this part do not apply to generators that generate hazardous waste more than one time.
A. The generator is exempt from parts 7045.0225 to 7045.0250, license and license reporting.
B. A large quantity generator is exempt from part 7045.0292, subpart 1, but must instead comply with part 7045.0292, subpart 5, items A to F, and must meet the requirements of part 7045.0566, relating to preparedness and prevention, and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, relating to waste analysis for restricted wastes.
C. A small quantity generator is exempt from the requirements of part 7045.0292, subpart 5, items G and H, but instead must meet the requirements of part 7045.0566, relating to preparedness and prevention, and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, relating to waste analysis for restricted wastes.
D. A very small quantity generator is exempt from part 7045.0292, subpart 6, but instead must comply with part 7045.0292, subpart 5, items A to F, and must meet the requirements of part 7045.0566, relating to preparedness and prevention, and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, relating to waste analysis for restricted wastes.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 14 SR 2248; 16 SR 2102; 22 SR 5; 33 SR 2042*
##### **Minn. R. 7045.0260** [Repealed by amendment, 9 SR 115] {#sec-7045.0260 omnilex-key=us-mn-regs-official--agency-167--7045.0260}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0261** Manifest Document; General Requirements {#sec-7045.0261 omnilex-key=us-mn-regs-official--agency-167--7045.0261}
**Subpart 1. When required.**
Except as exempted in subpart 1a, a generator who transports or offers for transportation hazardous waste for off-site treatment, storage, or disposal or the owner or operator of a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must prepare a manifest (OMB Control number 2050-0039) on EPA Form 8700-22 and, if necessary, EPA Form 8700-22A, before transporting the waste off-site. Generators shall complete the manifest in accordance with subpart 6 and the instructions included in the appendix to Code of Federal Regulations, title 40, part 262, as adopted by reference in part 7045.0325.
**Subp. 1a. Exemptions.**
A generator may transport hazardous waste without a manifest under the following conditions:
A. A very small quantity generator may transport the generator's own hazardous waste without a manifest if transportation is via the generator's own vehicle and if that transportation is to a very small quantity generator hazardous waste collection program under part 7045.0320.
B. A small quantity or a very small quantity generator may use an alternate manifest system as provided under part 7045.0075, subpart 5.
C. Feedstock and by-products being managed according to part 7045.0125, subparts 5 and 6, may be transported without a manifest.
D. Universal waste being managed by a handler according to part 7045.1400 may be transported without a manifest.
E. Waste being transported on-site as described in part 7045.0351, subpart 2, item A, may be transported without a manifest.
F. Spent lead-acid batteries being managed according to part 7045.0685 may be transported without a manifest.
**Subp. 2. Designation of facility.**
A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.
**Subp. 3. Alternate facility.**
A generator may also designate on the manifest one alternate facility which meets the requirements of subpart 2 in the event an emergency prevents delivery of the waste to the primary designated facility.
**Subp. 4. Unable to deliver.**
If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste.
**Subp. 5.**
[Repealed, 31 SR 1277]
**Subp. 6. Specific Minnesota hazardous wastes.**
A. If a generator located in the state of Minnesota produces a waste classified as hazardous in Minnesota which is not classified as hazardous in the state where the receiving facility is located, the generator must ensure that the facility is permitted to accept and manage the waste by the appropriate state agency.
B. If a waste is classified as hazardous in Minnesota and is assigned a Minnesota waste code, the Minnesota waste codes must be identified on the manifest in item 13.
**Subp. 7. Manifest information.**
Manifest information requirements include those required by United States Department of Transportation and United States Environmental Protection Agency regulations and consist of the numbered items on the manifest set forth in the Appendix to Code of Federal Regulations, title 40, part 262, as amended, and adopted by reference in part 7045.0325.
**Subp. 8. Availability of manifests.**
Manifests are available from any source that is registered with the United States Environmental Protection Agency as a supplier of manifests.
**Subp. 9.**
[Repealed, 31 SR 1277]
**Subp. 10. Continuation sheets.**
A generator shall use a continuation sheet to the manifest if:
A. more than two transporters are to be used to transport the waste; or
B. more space is required for the United States Department of Transportation description and related information in item 9 of United States EPA form 8700-22. Only EPA Form 8700-22A may be used and it must be completed and copies distributed in accordance with parts 7045.0265 and 7045.0325. A generator using a continuation sheet shall attach the sheet to the manifest.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 9 SR 2118; 11 SR 1832; 11 SR 1950; L 1987 c 186 s 15; 16 SR 2102; 18 SR 1565; 20 SR 715; 31 SR 1277*
##### **Minn. R. 7045.0262** Waste Minimization Certification {#sec-7045.0262 omnilex-key=us-mn-regs-official--agency-167--7045.0262}
The requirements of Code of Federal Regulations, title 40, section 262.27, as amended, are incorporated by reference to apply to large and small quantity generators making a waste minimization certification on their hazardous waste manifests.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 31 SR 1277*
##### **Minn. R. 7045.0265** Use of Manifest {#sec-7045.0265 omnilex-key=us-mn-regs-official--agency-167--7045.0265}
**Subpart 1. General requirements.**
The generator must:
A. sign the manifest certification by hand;
B. obtain the handwritten signature of the initial transporter and the date of acceptance on the manifest;
C. retain one copy, in accordance with part 7045.0294, subpart 1;
D. send one copy of the manifest with the signatures of the generator and transporter and the date of waste acceptance to the commissioner within five working days of the initial transporter's acceptance of the hazardous waste shipment. Copies to be sent to the commissioner must be sent to the Minnesota Pollution Control Agency, 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, Attention: HWIMS. A very small quantity generator who ships waste from a site in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County must, in lieu of sending a copy of the manifest to the commissioner, send a copy of the manifest, with the signatures of the generator and the transporter and the date of waste acceptance, to the address provided in the conditions for the generator's hazardous waste license issued by the county. The copy of the manifest must be sent within five working days of the initial transporter's acceptance of the hazardous waste shipment; and
E. give the transporter the remaining copies of the manifest except as provided in subparts 2 and 3.
**Subp. 2. Shipments by water.**
For bulk shipments of hazardous waste within the United States solely by water the generator must:
A. send three copies of the manifest dated and signed in accordance with subpart 1 to the owner or operator of the designated facility, or the last bulk shipment water transporter to handle the waste in the United States if exported by water; and
B. send one copy of the manifest with the signatures of the generator and transporter and the date of waste acceptance to the commissioner within five working days of the initial transporter's acceptance of the hazardous waste shipment. Copies to be sent to the commissioner must be sent to the Minnesota Pollution Control Agency, 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, Attention: HWIMS. A very small quantity generator who ships waste from a site in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County must, in lieu of sending a copy of the manifest to the commissioner, send a copy of the manifest, with the signatures of the generator and the transporter and the date of waste acceptance, to the address provided in the conditions for the generator's hazardous waste license issued by the county. The copy of the manifest must be sent within five working days of the initial transporter's acceptance of the hazardous waste shipment.
**Subp. 3. Shipments by rail.**
For a rail shipment of hazardous waste within the United States which originates at the site of generation, the generator must:
A. send at least three copies of the manifest dated and signed in accordance with subpart 1 to:
B. send one copy of the manifest with the signatures of the generator and transporter and the date of waste acceptance to the commissioner within five working days of the initial transporter's acceptance of the hazardous waste shipment. Copies to be sent to the commissioner must be sent to the Minnesota Pollution Control Agency, 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, Attention: HWIMS. A very small quantity generator who ships waste from a site in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County must, in lieu of sending a copy of the manifest to the commissioner, send a copy of the manifest, with the signatures of the generator and the transporter and the date of waste acceptance, to the address provided in the conditions for the generator's hazardous waste license issued by the county. The copy of the manifest must be sent within five working days of the initial transporter's acceptance of the hazardous waste shipment.
**Subp. 4. Notification of facility receipt.**
When a shipment of hazardous waste is delivered to a hazardous waste facility, the generator must ensure that:
A. the copy of the hazardous waste manifest signed by the facility operator and sent to the generator under part 7045.0474 or 7045.0580, is also sent to the commissioner within 40 days of the acceptance of the hazardous waste by the hazardous waste facility. Copies to be sent to the commissioner must be sent to the Minnesota Pollution Control Agency, 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, Attention: HWIMS. A very small quantity generator who ships from a site in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County must, in lieu of ensuring that a copy of the manifest signed by the facility operator is sent to the commissioner, ensure that a copy of the manifest signed by the facility operator is sent to the address provided in the conditions for the generator's hazardous waste license issued by the county. The generator must send a copy of the manifest signed by the facility operator within 40 days of the acceptance of the hazardous waste by the hazardous waste facility; and
B. for shipments of a hazardous waste to a designated facility in a United States Environmental Protection Agency authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the designated facility agrees to sign the manifest and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
**Subp. 5. Commissioner's request for manifest.**
Upon the request of the commissioner any generator must submit the original or a copy of the hazardous waste manifest at the time and in the manner specified by the commissioner. If the request requires the generator to inform all transporters and facility operators managing the hazardous waste of the request, the generator must so inform the transporters and facility operators, and the generator, transporters, and facility operators shall comply with the commissioner's request.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 16 SR 197; 31 SR 1277*
##### **Minn. R. 7045.0270** Pretransport Requirements {#sec-7045.0270 omnilex-key=us-mn-regs-official--agency-167--7045.0270}
**Subpart 1. Marking.**
Before transporting or offering hazardous waste for transportation off-site, a generator must:
A. mark each package of hazardous waste in accordance with the applicable United States Department of Transportation regulations on hazardous materials under Code of Federal Regulations, title 49, part 172, subpart D, as amended; and
B. mark each container of 119 gallons or less used in such transportation with the following words and information according to the Code of Federal Regulations, title 49, section 172.304:
**Subp. 2.**
[Repealed by amendment, 9 SR 115]
**Subp. 3. Storage tank label.**
Any generator or other person who maintains a storage tank containing hazardous waste shall display the words "Hazardous Waste" on the storage tank in a legible and conspicuous manner. The words "Hazardous Waste" shall be plainly visible and legible to any person who may operate any outlet valve.
**Subp. 4. Packaging.**
Before transporting hazardous waste or offering a hazardous waste for transportation off-site, a generator must package the waste in accordance with the applicable United States Department of Transportation regulations on packaging under Code of Federal Regulations, title 49, parts 173, 178, 179, and 180, as amended.
**Subp. 5. Labeling.**
Before transporting or offering hazardous waste for transportation off-site, a generator must label each package in accordance with the applicable United States Department of Transportation regulations on hazardous materials under Code of Federal Regulations, title 49, part 172, subpart E, as amended.
**Subp. 6. Placarding.**
Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to United States Department of Transportation regulations for hazardous materials under Code of Federal Regulations, title 49, part 172, subpart F, as amended.
**Subp. 7. Loading of hazardous waste.**
A generator who is responsible for loading hazardous waste on a transport vehicle in lieu of the transporter must comply with the provisions of part 7045.0371.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 20 SR 715; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0275** Management of Hazardous Waste Spills {#sec-7045.0275 omnilex-key=us-mn-regs-official--agency-167--7045.0275}
**Subpart 1.**
[Repealed, 16 SR 2102]
**Subp. 2. Spills; duty to report.**
Any person in control of a hazardous waste that spills, leaks, or otherwise escapes from a container, tank, or other containment system, including its associated piping, shall immediately notify the agency if the hazardous waste may cause pollution of the air, land resources, or waters of the state. The person shall use the appropriate Minnesota duty officer's 24-hour telephone number:
A. (651) 649-5451 for Twin Cities' local calling area and outside Minnesota;
B. (800) 422-0798 for greater Minnesota;
C. (651) 297-5353 for TDD for Twin Cities' local calling area and outside Minnesota; or
D. (800) 627-3529 for TDD for greater Minnesota.
**Subp. 3. Spills; duty to recover.**
Any person who generates a hazardous waste that spills, leaks, or otherwise escapes from a container, tank, or other containment system, including its associated piping, shall recover the hazardous waste as rapidly and as thoroughly as possible and shall immediately take other action as may be reasonably possible to protect human life and health and minimize or abate pollution of the water, air, or land resources of the state.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 1832; 16 SR 2102; 18 SR 1565*
##### **Minn. R. 7045.0280** [Repealed by amendment, 9 SR 115] {#sec-7045.0280 omnilex-key=us-mn-regs-official--agency-167--7045.0280}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0290** [Repealed, 16 SR 2102] {#sec-7045.0290 omnilex-key=us-mn-regs-official--agency-167--7045.0290}
[Repealed, 16 SR 2102]
##### **Minn. R. 7045.0292** Accumulation of Hazardous Waste {#sec-7045.0292 omnilex-key=us-mn-regs-official--agency-167--7045.0292}
**Subpart 1. Large quantity generator.**
A large quantity generator may accumulate hazardous waste on site without a permit or without having interim status if:
A. all accumulated hazardous waste is, within 90 days of the accumulation start date, treated on site in compliance with part 7045.0211 or shipped off site in compliance with part 7045.0208;
B. the waste is placed as follows:
C. tanks and containers are clearly labeled with the waste accumulation start date, which must be visible for inspection; or for tanks or containers that are not used as shipping containers, the generator may maintain a clearly designated and legible log of transactions which includes accumulation start dates, clearly identifies each tank or container, and is available for inspection;
D. storage areas are protected from unauthorized access and inadvertent damage from vehicles or equipment;
E. containers that hold free liquids are placed on a containment surface that is impermeable to the wastes stored and, if outside, is curbed;
F. all waste containers and tanks are labeled with the words "Hazardous Waste" and a description that clearly identifies their contents to employees and emergency personnel; and
G. the requirements of parts 7045.0558; 7045.0562, subparts 1 and 2; 7045.0566 to 7045.0576; and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, are fulfilled regarding personnel training, ignitable, reactive, or incompatible waste, preparedness and prevention, contingency planning, and waste analysis for restricted wastes.
**Subp. 2. Accumulation start date.**
A generator's accumulation start date begins when the generator initiates accumulation in a container or tank. The accumulation start date for satellite accumulation is provided for in subpart 8, item D.
**Subp. 3.**
[Repealed, 16 SR 2102]
**Subp. 4.**
[Repealed, 16 SR 2102]
**Subp. 5. Small quantity generator.**
A small quantity generator may accumulate up to 3,000 kilograms of hazardous waste that is not acute hazardous waste on site without a permit or without having interim status if:
A. all accumulated hazardous waste is, within 180 days of the accumulation start date, treated on site in compliance with part 7045.0211 or shipped off site in compliance with part 7045.0208;
B. the waste is placed in containers which meet the standards of part 7045.0270, subpart 4, and are managed in accordance with parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0626, subparts 1 to 8; in tanks provided the generator complies with the requirements of parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0629; or for wood preserving operations on drip pads, provided the generator complies with parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0644 and maintains records containing a description of procedures that will be followed to ensure that all wastes are removed from drip pads and associated collection systems at least once every 180 days, and maintains documentation of the quantities, dates, and times of each waste removal. These records relating to drip pads must be maintained at the licensed site and must be easily available for agency inspection;
C. tanks and containers are clearly labeled with the waste accumulation start date, which must be visible for inspection; or for tanks or waste containers that are not used as shipping containers, the generator may maintain a clearly designated and legible log of transactions which includes accumulation start dates, clearly identifies each tank or container, and is available for inspection;
D. storage areas are protected from unauthorized access and inadvertent damage from vehicles or equipment;
E. containers that hold free liquids are placed on a containment surface that is impermeable to the waste stored and, if outside, is curbed;
F. all waste containers and tanks are labeled with the words "Hazardous Waste" and a description that clearly identifies their contents to employees and emergency personnel;
G. the generator meets the requirements of parts 7045.0566, relating to preparedness and prevention; 7045.0568, relating to the arrangements with local authorities for emergencies; and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, relating to waste analysis for restricted wastes; and
H. the generator complies with the following requirements:
**Subp. 6. Very small quantity generator.**
A very small quantity generator may accumulate up to 1,000 kilograms of hazardous waste that is not acute hazardous waste on site without a permit or without having interim status if:
A. all accumulated hazardous waste when disposed of is treated on site in compliance with part 7045.0211 or shipped off site in compliance with part 7045.0208;
B. the waste is placed in containers which meet the standards of part 7045.0270, subpart 4, and are managed in accordance with parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0626, subparts 1 to 8; in tanks provided the generator complies with the requirements of parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0629; or for wood preserving operations on drip pads, provided the generator complies with parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0644 and maintains records containing a description of procedures that will be followed to ensure that all wastes are removed from drip pads and associated collection systems at least once every 180 days, and maintains documentation of the quantities, dates, and times of each waste removal. These records relating to drip pads must be maintained at the licensed site and must be easily available for agency inspection;
C. tanks and containers are clearly labeled with the waste accumulation start date, which must be visible for inspection; or for tanks or containers that are not used as shipping containers, the generator may maintain a clearly designated and legible log of transactions which includes accumulation start dates, clearly identifies each tank or container, and is available for inspection;
D. storage areas are protected from unauthorized access and inadvertent damage from vehicles or equipment;
E. containers that hold free liquids are placed on a containment surface that is impermeable to the waste stored and, if outside, is curbed;
F. all waste containers and tanks are labeled with the words "Hazardous Waste" and a description that clearly identifies their contents to employees and emergency personnel;
G. the generator meets the requirements of part 7045.0566, relating to preparedness and prevention; and
H. if the generator accumulates at any one time more than 1,000 kilograms of hazardous waste, the generator becomes a small quantity generator and is subject to regulation under subpart 5. For generators in this circumstance, all accumulated hazardous waste must be treated on site in compliance with part 7045.0211 or shipped off site in compliance with part 7045.0208 within 180 days of the date the 1,000 kilogram limit is reached.
**Subp. 7. Acute hazardous waste accumulation.**
A small quantity generator or a very small quantity generator who generates acute hazardous waste that is not exempt under subpart 8 must comply with items A and B:
A. A generator may accumulate acute hazardous waste on site indefinitely in quantities equal to or less than one kilogram of acute hazardous waste and equal to or less than 100 kilograms of residue, contaminated soil, water, or other debris resulting from cleaning up spilled acute hazardous waste. The generator must comply with subpart 5, items B to H.
B. A generator who accumulates on site more than one kilogram of acute hazardous waste, or more than 100 kilograms of residue, contaminated soil, water, or other debris resulting from cleaning up spilled acute hazardous waste must comply with subpart 1.
**Subp. 8. Satellite accumulation.**
Items A to D apply to all generators of hazardous waste.
A. A generator may, without a permit or interim status and without complying with subparts 1 to 7, accumulate as much as 55 gallons of hazardous waste or one quart of acute hazardous waste listed in part 7045.0135, subpart 1a, items B to D, per waste stream per each point of generation provided the generator complies with items B to D.
B. The generator must:
C. In addition, the generator must:
D. On the date on which the volume limit prescribed in item A is reached, the generator must:
**Subp. 9. Transportation time extension.**
If waste accumulated under subparts 5 and 6 must be transported 200 miles or more to a facility, the generator may store the waste for an additional 90 days beyond the established limits. In this event, the generator must maintain evidence on site that arrangements have been made for the transport of the waste to the facility and, if requested, show the evidence to the commissioner. During this time extension a small quantity generator shall not at any time exceed the 3,000 kilogram accumulation limit established in subpart 5 and a very small quantity generator shall not at any time exceed the 1,000 kilogram limit established in subpart 6.
**Subp. 10. Time extension.**
One extension may be granted for up to 30 days by the commissioner if hazardous waste must remain on site for longer than the maximum allowable time under subparts 1 to 9, as applicable, due to unforeseen, temporary, and uncontrollable circumstances. A request for an extension must be submitted in writing to the commissioner and must include:
A. the amount and type of waste to be stored over the maximum allowable number of days;
B. the date the stored waste will exceed the maximum allowable number of days;
C. the location of the waste needing an extension;
D. the reason for the extension request; and
E. documentation of the generator's effort to ship the waste off site within the applicable time limit.
**Subp. 11. Accumulation requiring a permit.**
A large quantity generator who accumulates hazardous waste for more than 90 days, or a small quantity generator who accumulates more than 3,000 kilograms of hazardous waste at any time, is an operator of a storage facility and is subject to the requirements of parts 7045.0450 to 7045.0649 and the agency's permitting procedures in chapter 7001 unless the generator has been granted a time extension under subpart 10.
**Subp. 12. Rejected shipments.**
A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue according to the manifest discrepancy provisions of part 7045.0476 or 7045.0582 may accumulate the returned waste on-site according to subparts 1 to 7, 9, and 10, depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator must:
A. sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
B. sign item 20 of the manifest, if the transporter returned the shipment using a new manifest.
**History**
- *Statutory Authority: MS s 14.07; 116.07; 116.37*
- *History: 9 SR 115; 10 SR 929; 11 SR 1950; L 1987 c 186 s 15; 13 SR 259; 14 SR 2248; 16 SR 2102; 16 SR 2239; 18 SR 1565; 18 SR 1751; 20 SR 715; 22 SR 5; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0294** Record Keeping {#sec-7045.0294 omnilex-key=us-mn-regs-official--agency-167--7045.0294}
**Subpart 1. Manifests.**
A generator must keep a copy of each manifest signed according to part 7045.0265, subpart 1, for three years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.
**Subp. 1a. Alternate manifests.**
Record keeping requirements under the alternate manifest system provided in part 7045.0075, subpart 5, include:
A. a generator must maintain a copy of the reclamation and transport agreement during the term of the agreement and for a period of at least three years after termination or expiration of the agreement; and
B. for each shipment of waste using an alternate manifest, a generator must submit a completed copy of that alternate manifest to the commissioner within five working days of the transporter's acceptance of the waste shipment.
**Subp. 1b. Very small quantity generator collection program receipt.**
A generator must keep a copy of each signed receipt for waste delivered to a collection site under part 7045.0320. This signed copy must be retained as a record for at least three years from the date the waste was accepted at the collection site.
**Subp. 2. Reports.**
A generator must keep a copy of the license application, each license renewal application, and each exception report for at least three years from the due date of the report.
**Subp. 2a. Container inspection reports.**
A generator must keep a copy of each weekly container inspection report required for generator accumulation under part 7045.0292 for a period of at least three years from the date of the inspection.
**Subp. 3. Test results.**
A generator must keep records of any test results, waste analyses, or other determinations made in accordance with parts 7045.0214 to 7045.0217 for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.
**Subp. 3a. Training records.**
A generator must keep training records required under part 7045.0292, subparts 1, item G, and 5, item H, subitem (3), on current personnel until closure of the licensed site. Training records on former employees must be kept for at least three years from the date of the employee's termination. Personnel training records may accompany personnel transferred within the same company.
**Subp. 4. Extension of retention period.**
The periods of retention referred to in subparts 1 to 3 are extended automatically during the course of any unresolved enforcement action regarding the regulated activity.
**Subp. 5. Location of records.**
The records required in subparts 1 to 3a must be located at the licensed site. The records must be easily available for agency inspection.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 16 SR 2102; 18 SR 1565; 33 SR 2042*
##### **Minn. R. 7045.0296** [Repealed, 16 SR 2102] {#sec-7045.0296 omnilex-key=us-mn-regs-official--agency-167--7045.0296}
[Repealed, 16 SR 2102]
##### **Minn. R. 7045.0298** Exception Reporting {#sec-7045.0298 omnilex-key=us-mn-regs-official--agency-167--7045.0298}
**Subpart 1. When applicable.**
A generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and the owner or operator of the designated facility to determine the status of the hazardous waste. A generator must submit an exception report to the commissioner if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter.
**Subp. 2. Content of report.**
The exception report must include:
A. a legible copy of the manifest for which the generator does not have confirmation of delivery; and
B. a cover letter signed by the generator or the generator's authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 16 SR 2102*
##### **Minn. R. 7045.0300** Additional Reporting {#sec-7045.0300 omnilex-key=us-mn-regs-official--agency-167--7045.0300}
The commissioner, when necessary to determine compliance with the requirements of this chapter, may require generators to furnish additional reports concerning the quantities and disposition of waste identified or listed in parts 7045.0102 to 7045.0155.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 16 SR 2102; 33 SR 2042*
##### **Minn. R. 7045.0302** International Shipments; Special Conditions {#sec-7045.0302 omnilex-key=us-mn-regs-official--agency-167--7045.0302}
**Subpart 1. General requirement.**
Any person who exports hazardous waste to a foreign country from Minnesota or imports hazardous waste from a foreign country into Minnesota must comply with the special requirements of subparts 2 to 7.
Exports of hazardous waste are prohibited except in compliance with the applicable requirements of this part and parts 7045.0351 to 7045.0397. Exports of hazardous waste are prohibited unless:
A. notification in accordance with subpart 2 has been provided;
B. the receiving country has consented to accept the hazardous waste;
C. a copy of the EPA Acknowledgment of Consent to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to the manifest, or for bulk shipment exports by water to the shipping paper; and
D. the hazardous waste shipment conforms to the terms of the receiving country's written consent as reflected in the EPA Acknowledgment of Consent.
**Subp. 1a. International agreements.**
Any person who exports or imports hazardous waste subject to the federal manifest requirements of Code of Federal Regulations, title 40, part 262, or subject to parts 7045.0261 and 7045.0265 or part 7045.1400, to or from designated member countries of the OECD as defined in Code of Federal Regulations, title 40, section 262.58(a)(1) for purposes of recovery, is subject to part 7045.0322 and the requirements of this part do not apply.
**Subp. 2. Notification.**
When shipping hazardous waste outside the state of Minnesota to a foreign country the primary exporter must notify the commissioner and the EPA of an intended export before the waste is scheduled to leave the United States. A complete notification should be submitted 60 days before the initial shipment is intended to be shipped off site. This notification may cover export activities extending over a 12-month or lesser period.
The notification must be sent to the commissioner at 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, and to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460. Hand-delivered notifications must be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, Ariel Rios Building, 12th Street and Pennsylvania Avenue N.W., Washington, DC 20460. In both cases, the following must be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export."
The primary exporter must provide the commissioner and the EPA with written renotification of any changes to the notification, except for changes to the telephone number, decreases in the quantity indicated in item B, subitem (3), and changes in the means of transport in item B, subitem (5). The waste shall not be shipped until the primary exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's consent to the changes.
The notification must be in writing, signed by the primary exporter, and include the following information:
A. name, mailing address, telephone number, and identification number of the primary exporter; and
B. by consignee, for each hazardous waste type:
**Subp. 3. Exception report.**
A primary exporter must file an exception report with the EPA and the commissioner at the addresses listed in subpart 2, item B if:
A. the primary exporter has not received a copy of the manifest signed by the transporter stating the date and place of departure from Minnesota within 45 days from the date it was accepted by the initial transporter;
B. within 90 days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the consignee that the hazardous waste was received; or
C. the waste is returned to the United States.
**Subp. 4. Importers manifest requirements.**
When importing hazardous waste, a person may obtain the manifest form from any source that is registered with the United States Environmental Protection Agency as a supplier of manifests and must meet all requirements of parts 7045.0261 and 7045.0265 for the manifest except that:
A. in place of the generator's name, address, and identification number, the name and address of the foreign generator and the importer's name, address, and identification number must be used;
B. in place of the generator's signature on the certification statement, the United States importer or the importer's agent must sign and date the certification and obtain the signature of the initial transporter;
C. in the international shipments block, the importer must check the import box and enter the point of entry (city and state) into the United States; and
D. the importer must provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to the United States Environmental Protection Agency according to part 7045.0474, subpart 2, item B, or 7045.0580, subpart 2, item B.
**Subp. 5. Exporters manifest requirements.**
When exporting hazardous waste, a primary exporter must comply with parts 7045.0351 to 7045.0397, except that:
A. In lieu of the name, site address, and the identification number of the designated permitted facility, the primary exporter must enter the name and site address of the consignee.
B. In lieu of the name, site address, and the identification number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee.
C. In the international shipments block, the primary exporter must check the export box and enter the point of exit (city and state) from the United States.
D. The following statement must be added to the end of the first sentence of the certification, Uniform Hazardous Waste Manifest Form, item 16: "and conforms to the terms of the attached EPA Acknowledgment of Consent."
E. The primary exporter must require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies, as described in part 7045.0476, between the manifest and the shipment. A copy of the manifest signed by the facility may be used to confirm delivery of the hazardous waste.
F. In lieu of the requirements of part 7045.0261, subpart 4, where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter must:
G. The primary exporter must attach a copy of the EPA Acknowledgment of Consent for the shipment to the manifest which must accompany the hazardous waste shipment. For exports by rail or bulk shipments by water, the primary exporter must provide the transporter with an EPA Acknowledgment of Consent which must accompany the hazardous waste but which need not be attached to the manifest except that for bulk shipment exports by water, the primary exporter must attach the copy of the EPA Acknowledgment of Consent to the shipping paper.
H. The primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the United States Customs official at the point the hazardous waste leaves the United States under part 7045.0381, subpart 4, item D.
**Subp. 6. Annual reports.**
Primary exporters of hazardous waste identified or listed under this chapter shall file with the commissioner and the EPA no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous waste exported during the previous calendar year. The reports shall include the following:
A. the identification number, name, and mailing and site address of the exporter;
B. the calendar year covered by the report;
C. the name and site address of each consignee;
D. by consignee, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number (from Code of Federal Regulations, title 40, part 261, subpart C or D, as amended), the Department of Transportation hazard class, the name and identification number, where applicable, for each transporter used, the total amount of waste shipped, and number of shipments pursuant to each notification;
E. a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated and a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent the information is available for years before 1984; and
F. a certification signed by the primary exporter which states: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment." Reports shall be sent to the commissioner at 520 Lafayette Road, Saint Paul, Minnesota 55155, and to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460. Hand-delivered reports to the Environmental Protection Agency should be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, Ariel Rios Building, 12th Street and Pennsylvania Avenue N.W., Washington, DC 20460.
**Subp. 7. Record keeping.**
For all exports, a primary exporter must:
A. keep a copy of each notification of intent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
B. keep a copy of each EPA Acknowledgment of Consent for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
C. keep a copy of each confirmation of delivery of the hazardous waste from the consignee for at least three years from the date the hazardous waste was accepted by the initial transporter; and
D. keep a copy of each annual report for a period of at least three years from the due date of the report. The periods of retention referred to in this part are extended automatically during any unresolved enforcement action regarding the regulated activity or at the request of the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 9 SR 2118; 11 SR 1832; L 1987 c 186 s 15; 12 SR 1660; 17 SR 1279; 20 SR 715; 22 SR 5; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0304** [Repealed, 16 SR 2102] {#sec-7045.0304 omnilex-key=us-mn-regs-official--agency-167--7045.0304}
[Repealed, 16 SR 2102]
##### **Minn. R. 7045.0305** Standards for Generators Who Sewer Hazardous Waste {#sec-7045.0305 omnilex-key=us-mn-regs-official--agency-167--7045.0305}
**Subpart 1. Applicability.**
This part applies to generators who discharge their own hazardous waste to a sanitary sewer.
**Subp. 2. Generator size determination.**
A generator who sewers hazardous waste shall include the quantity of sewered hazardous waste in their size determination under part 7045.0206 except for the volume of a hazardous waste that has been pretreated provided that:
A. an 80 percent reduction of the quantity of the hazardous waste constituent mass is achieved before sewering;
B. the discharge is approved by a publicly owned treatment works permitted under part 7001.0520, subpart 3, item B;
C. the generator is licensed to sewer their waste under parts 7045.0225 to 7045.0250; and
D. the generator has met the conditions of part 7001.0520, subpart 3, item C.
**Subp. 3. Management.**
A generator who sewers hazardous waste shall comply with the requirements of this chapter applicable to their generator size with the following exception. A generator whose quantity determination is zero because the generator meets the conditions of subpart 2 will be classified as a very small quantity generator and shall meet the requirements of this chapter that apply to very small quantity generators.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2102*
##### **Minn. R. 7045.0310** Special Requirements for Waste Collected as Result of Household Hazardous Waste Management Program {#sec-7045.0310 omnilex-key=us-mn-regs-official--agency-167--7045.0310}
**Subpart 1. Applicability.**
An operator who establishes or operates all or part of a household hazardous waste management program is only required to comply with the requirements in this part with respect to collected household hazardous waste. "Household hazardous waste management program" means:
A. a program established to accept or collect household hazardous waste from households, except as otherwise provided in part 7045.0685;
B. a program established by a resource recovery facility to segregate household hazardous waste from household waste; or
C. a program established by a solid waste disposal facility to segregate household hazardous waste from household waste during processing activities.
**Subp. 2. Notification.**
An operator who intends to establish or operate all or part of a household hazardous waste management program shall ensure that the information required in items A to J is submitted to the commissioner at least 30 days before initiating the household hazardous waste management program.
The notification shall provide a complete description of the program including, as applicable:
A. the name, address, and telephone number of operators establishing the program;
B. the location of all household hazardous waste collection sites;
C. the duration and operating hours of the program;
D. the intended program service area;
E. the manner in which waste will be collected, stored, treated, transported, and disposed of;
F. the amount of time the operator intends to store collected waste at individual collection sites;
G. a description of the physical structures to be used to collect and store collected waste;
H. a description of personnel safety training to be given;
I. a description of the safety and emergency procedures established for the program; and
J. the name and address of all waste transporters and the facilities which will treat or dispose of the waste. Operators who submit a notification and subsequently change any aspect of the program as described in the notification must submit, within 30 days of making the change, an amended notification to the commissioner fully describing the program changes.
**Subp. 3. Management requirements.**
An operator who establishes or operates all or part of a household hazardous waste management program must comply with the standards applicable to large quantity generators established in parts 7045.0205 to 7045.0325, except as modified in items A to E.
A. The operator need not comply with the license and license reporting requirements of parts 7045.0225 to 7045.0250.
B. The operator may transport or offer for transport household hazardous waste for off-site activities as provided in part 7045.0208 or to a collection site that has obtained the commissioner's approval under subpart 6.
C. If the operator transports or offers for transport household hazardous waste for off-site activities at a collection site that has obtained the commissioner's approval under subpart 6, the operator:
D. If the operator intends to store household hazardous waste for more than 90 days after the accumulation start date, the operator must obtain the approval of the commissioner as set out in subpart 6, but no facility permit is required unless the operator intends to perform treatment procedures other than those specified in subpart 7 or disposes of the waste on site.
E. The operator need not comply with the record keeping requirements of part 7045.0294, subparts 2 and 3.
**Subp. 4.**
[Repealed, 16 SR 2102]
**Subp. 5. Transportation requirements.**
An operator or other persons who transport waste collected as a result of a household hazardous waste management program shall transport collected waste in compliance with the requirements in items A to D.
A. A transporter may not accept household hazardous waste from any operator who establishes or operates all or part of a household hazardous waste management program unless the waste is accompanied by either a manifest signed by the generator according to parts 7045.0205 to 7045.0325 or a shipping paper prepared according to subpart 3, item C, subitem (1).
B. If the household hazardous waste is destined for a hazardous waste facility, the transporter shall comply with all of the hazardous waste transporter requirements in parts 7045.0351 to 7045.0397.
C. If the household hazardous waste is destined for a collection site that has obtained approval from the commissioner under subpart 6, the transporter shall comply with the hazardous waste transporter requirements in parts 7045.0351 to 7045.0397, except:
D. An operator who transports waste for hire in Minnesota must obtain for-hire operating authority from the commissioner of transportation as required by Minnesota Statutes, chapter 221.
**Subp. 6. Storage of collected wastes.**
An operator who accepts household hazardous waste from another collection site or stores household hazardous waste for more than 90 days must comply with the requirements of items A to E.
A. No operator may accept household hazardous waste from another collection site or store household hazardous waste for more than 90 days after the accumulation start date as provided in part 7045.0292, without the approval of the commissioner.
B. An operator intending to accept household hazardous waste from another collection site or store household hazardous waste for more than 90 days must submit a request for approval to the commissioner at least 30 days before initiating a household hazardous waste program. The commissioner shall approve the request if the commissioner determines that, based on the information contained in the request, the storage and management practices employed at the storage facility will appropriately protect human health and the environment from any adverse effects associated with the household hazardous waste.
C. If the commissioner approves a request, the operator shall manage the waste in compliance with the applicable standards in parts 7045.0526 and 7045.0528 for the use and management of containers and tanks.
D. If the commissioner does not approve a request, the operator must transport or arrange to transport the household hazardous waste for off-site activities at a facility that either has a hazardous waste permit or a collection site that has obtained the commissioner's approval under this subpart. Operators who store household hazardous waste for more than 90 days without the commissioner's approval are in violation of this chapter.
E. If the operator has not submitted a request as required under item B, or if the commissioner does not approve a request, the commissioner may still grant a storage extension if household hazardous waste must remain on-site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances as provided in part 7045.0292, subparts 10 and 11.
**Subp. 7. Treatment.**
Operators conducting treatment of collected household hazardous wastes are subject to the requirements of items A to C.
A. An operator intending to perform any treatment not specified in item B must submit a request for approval to the commissioner. The commissioner shall approve the request if the commissioner determines that the requirements of item C have been satisfied and that all other management practices at the collection site are adequate to protect human health and the environment.
B. Treatment methods which do not require approval of the commissioner are bulking of:
C. All other methods of waste treatment must be identified in the notification required under subpart 2 and the commissioner's approval obtained for those specific activities before any of those activities are begun. In addition to the information required in subpart 2, the notification must provide the following information:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 15 SR 801; 15 SR 2106; 16 SR 2102; 20 SR 715; 22 SR 5; L 2001 c 213 s 30; 31 SR 1277*
##### **Minn. R. 7045.0320** Very Small Quantity Generator Hazardous Waste Collection Programs {#sec-7045.0320 omnilex-key=us-mn-regs-official--agency-167--7045.0320}
**Subpart 1. Applicability.**
This part provides the requirements for the management and transportation of waste collected as part of a very small quantity generator hazardous waste collection program. Full compliance with this part exempts the program operator from the permit requirements of part 7001.0520.
An operator of a hazardous waste facility permitted under chapter 7001 is exempt from the requirements of this part to the extent that the facility permit specifically allows the facility to accept and store waste from other generators.
**Subp. 2. Generators who operate collection programs.**
A generator who is also a program operator must comply with the applicable provisions of parts 7045.0205 to 7045.0325 as they apply to the generator's hazardous waste. A generator who operates a collection program must maintain separate records for the collected waste and waste generated by the generator.
**Subp. 3. Definitions.**
When used in this part, the terms in items A to D have the meanings given them.
A. "Collection program" means a program licensed under this part to accept, collect, transport, store, or treat hazardous waste from very small quantity generators.
B. "Collection site" means a site established as part of a collection program under this part.
C. "Program operator" means a person or persons who establish a collection program and arrange for the acceptance, collection, transportation, storage, and treatment of collected hazardous waste from very small quantity generators.
D. "Site operator" means a person or persons who operate a collection site.
**Subp. 4. Program license.**
A program operator must apply for and obtain a collection program license from the commissioner before accepting any waste. The program operator must renew the license annually.
**Subp. 5. License application.**
The license application must provide a complete description of the program including, as applicable:
A. the name, address, and telephone number of persons establishing the program;
B. the name, address, and telephone number of persons operating the program, if different than item A;
C. the location and identification number of all collection sites, designating central facilities and satellite facilities;
D. the duration and operating hours of the program;
E. the intended program service area;
F. a description of the operator's administrative process for accepting waste from very small quantity generators;
G. the anticipated types and amounts of waste to be collected, stored, treated, transported, and disposed of;
H. a description of how the waste is to be collected, analyzed, stored, treated, transported, and disposed of;
I. except as provided in item J, if treatment of collected waste is applied for under this license, the following additional information must be submitted for each method of waste treatment proposed:
J. the bulking of paints, solvents, used oil, and antifreeze does not require submittal of the additional information under item I but must be addressed under items G and H;
K. the amount of time the site operator intends to store collected waste at individual collection sites;
L. a description of the physical structures where collection and storage will occur;
M. a description of personnel safety training;
N. a description of the safety and emergency procedures established;
O. the name, address, and identification number of all hazardous waste transporters to be used; and
P. the name, address, and identification number of all hazardous waste facilities which will treat or dispose of the waste.
**Subp. 6. Changes to license conditions.**
A program operator may change the conditions of management or operation during the time period for which the license is valid, except for treatment changes approved under subpart 5, item I, which require the commissioner's written approval before the operator may implement the treatment changes. If the program operator changes any of the conditions of management or operation during the life of the license, the operator shall report the changes in the next annual report.
**Subp. 7. License issuance and renewal.**
After receiving the license application or annual report, as applicable, the commissioner will conduct a review of the submitted information and will:
A. issue or reissue, as applicable, a collection program license;
B. request in writing the submittal of additional information to make the license application or annual report, as applicable, complete and approvable;
C. request in writing facility operational or waste management changes to make the application or annual report, as applicable, approvable; or
D. deny approval of license application within 45 days of last submittal of information by license applicant.
**Subp. 8. Reporting requirements.**
A program operator must meet the reporting requirements established in part 7045.0248, subpart 1.
In addition, the site operator must keep a written operating record at the collection site and available for inspection that contains the following information for each time a waste is collected:
A. the generator names and identification numbers as required under part 7045.0221 from whom waste was collected;
B. the name or a description of the hazardous waste collected;
C. the amount of each hazardous waste collected;
D. the date the waste was received at the collection site; and
E. the date the waste was treated or shipped from the collection site.
**Subp. 9. Management requirements.**
A person or persons involved in management of hazardous waste from very small quantity generators as part of a collection program shall comply with the requirements of items A to F.
A. The program operator must comply with the standards applicable to large quantity generators established in parts 7045.0205 to 7045.0325 with respect to collected hazardous waste except as modified in this part.
B. The license requirements of parts 7045.0225 to 7045.0250 are replaced by the requirements of subparts 4 to 8.
C. A site operator may accumulate hazardous waste on site without a permit or without interim status if the site operator complies with the accumulation time limits and management requirements provided in part 7045.0292. The site operator is a generator whose size shall be determined by applying part 7045.0206. The site operator shall comply with the requirements applicable to a generator of the appropriate size.
D. The site operator may transport or offer for transport collected waste for off-site activities as provided in part 7045.0208 or to a collection site that is part of the same collection program licensed under this part.
E. If the site operator transports or offers for transport collected waste for off-site activities to a collection site that is part of the same collection program licensed under this part, the operator:
F. The site operator must provide a written receipt to the generator immediately upon receipt of waste. The receipt must include:
**Subp. 10. Transport requirements.**
A person or persons who transport waste collected as a result of a collection program licensed under this part shall transport collected waste in compliance with the requirements in items A to D.
A. A transporter may not accept collected waste from a program operator or a site operator unless the waste is accompanied by either a manifest signed by the program operator or a shipping paper prepared according to subpart 9, item E, subitem (1).
B. If the collected waste is destined for a hazardous waste facility, the transporter shall comply with all of the hazardous waste transporter requirements in parts 7045.0351 to 7045.0397.
C. If the collected waste is destined for a collection site that has obtained approval from the commissioner under the licensing provisions of this part, the transporter shall comply with the hazardous waste transporter requirements in parts 7045.0351 to 7045.0397, except:
D. An operator who transports waste for hire in Minnesota must obtain for-hire operating authority from the commissioner of transportation as required by Minnesota Statutes, chapter 221.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 16 SR 2102; 20 SR 715; 22 SR 5; L 2001 c 213 s 30; 31 SR 1277*
##### **Minn. R. 7045.0322** Transfrontier Shipments of Hazardous Waste for Recovery Within the Oecd {#sec-7045.0322 omnilex-key=us-mn-regs-official--agency-167--7045.0322}
The requirements of Code of Federal Regulations, title 40, sections 262.80 to 262.89, as amended, are incorporated by reference to apply to transfrontier shipments of hazardous waste.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 31 SR 1277*
##### **Minn. R. 7045.0325** Appendix to Generator Standards; Manifest and Instructions {#sec-7045.0325 omnilex-key=us-mn-regs-official--agency-167--7045.0325}
**Subpart 1. Incorporation.**
The appendix found in Code of Federal Regulations, title 40, part 262, regarding the hazardous waste manifest and instructions, as amended, is incorporated by reference, subject to subpart 2.
**Subp. 2. Additions, modifications, and exceptions to incorporation.**
A. Where the instructions for the use of the manifest use the term "offeror," it shall only mean either the generator of the waste or the owner or operator of the designated facility.
B. In item 18 of the instructions for the use of the manifest, references to discrepancies shall include all discrepancies and responses to discrepancies identified in parts 7045.0476 and 7045.0582.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 31 SR 1277*
##### **Minn. R. 7045.0350** [Repealed, 9 SR 115] {#sec-7045.0350 omnilex-key=us-mn-regs-official--agency-167--7045.0350}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0351** Applicability and Exemptions {#sec-7045.0351 omnilex-key=us-mn-regs-official--agency-167--7045.0351}
**Subpart 1. Applicability.**
The provisions of parts 7045.0355 to 7045.0391 establish standards that apply to persons transporting hazardous waste that originates or terminates within the state of Minnesota if the transportation requires a manifest under parts 7045.0205 to 7045.0304. Parts 7045.0395 and 7045.0397 apply to the transportation of all hazardous waste within the state of Minnesota.
**Subp. 2. Exemptions.**
The provisions of parts 7045.0355 to 7045.0397 do not apply to:
A. the on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities; or
B. hazardous waste that is sewered on-site and flows directly to a wastewater treatment facility operated according to a national pollutant discharge elimination system or a state disposal permit.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 16 SR 2102*
##### **Minn. R. 7045.0355** Applicability of Generator Requirements {#sec-7045.0355 omnilex-key=us-mn-regs-official--agency-167--7045.0355}
A transporter of hazardous waste must comply with standards applicable to generators of hazardous waste if he or she transports hazardous waste into Minnesota from a foreign country or mixes hazardous waste of different United States Department of Transportation shipping descriptions, as described in Code of Federal Regulations, title 49, section 172.101, as amended, by placing them into a single container.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 20 SR 715*
##### **Minn. R. 7045.0360** [Repealed, 9 SR 115] {#sec-7045.0360 omnilex-key=us-mn-regs-official--agency-167--7045.0360}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0361** Identification Numbers {#sec-7045.0361 omnilex-key=us-mn-regs-official--agency-167--7045.0361}
A person who transports hazardous waste that originates or terminates in Minnesota must obtain an identification number on forms provided by the agency before transporting the hazardous waste.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 22 SR 5*
##### **Minn. R. 7045.0365** Transfer Facility Requirements {#sec-7045.0365 omnilex-key=us-mn-regs-official--agency-167--7045.0365}
**Subpart 1. Applicability.**
A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of part 7045.0270, subpart 4, at a transfer facility for a period of ten days or fewer is not subject to regulation under parts 7045.0450 to 7045.0649 and 7045.1390, and a hazardous waste facility permit with respect to the storage of those wastes. The owner or operator must notify the commissioner in writing of his or her activity.
**Subp. 2. Storage of less than 1,000 kilograms.**
A transporter who stores less than 1,000 kilograms of hazardous waste is exempt from further regulation.
**Subp. 3. Storage of 1,000 kilograms or more.**
A transporter who stores 1,000 kilograms or more of hazardous waste at any time shall comply with the following requirements:
A. part 7045.0275, subparts 2 and 3;
B. part 7045.0292, subpart 1, items D and E;
C. part 7045.0556, subpart 5, items A, C, and D;
D. part 7045.0558;
E. part 7045.0562, subpart 1;
F. part 7045.0566, subparts 2 to 4, and 6;
G. part 7045.0572, subparts 2 to 6;
H. part 7045.0626, subpart 4;
I. the transporter shall keep at the transfer facility a written operating record that contains the following information for each shipment:
J. storage areas must be protected from unauthorized access and inadvertent damage from vehicles or equipment.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 10 SR 929; L 1987 c 186 s 15; 13 SR 1238; 18 SR 1565; 33 SR 2042*
##### **Minn. R. 7045.0370** [Repealed, 9 SR 115] {#sec-7045.0370 omnilex-key=us-mn-regs-official--agency-167--7045.0370}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0371** Transportation of Hazardous Waste {#sec-7045.0371 omnilex-key=us-mn-regs-official--agency-167--7045.0371}
Hazardous waste shall be transported in accordance with all applicable requirements of Minnesota Statutes, sections 221.033 and 221.0341, and with 221.0355 if applicable, and Code of Federal Regulations, title 49, parts 171 to 199, as amended.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 14 SR 976; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0375** The Manifest System; General Requirements {#sec-7045.0375 omnilex-key=us-mn-regs-official--agency-167--7045.0375}
**Subpart 1. Acceptance of shipment.**
A transporter may not accept hazardous waste from a generator unless it is accompanied by a manifest signed by the generator according to part 7045.0265.
**Subp. 1a. Exports.**
A. In the case of exports, other than those subject to the requirements of Code of Federal Regulations, title 40, part 262, subpart H, Transfrontier Shipments of Hazardous Waste For Recovery Within the OECD, a transporter may not accept waste from a primary exporter or other person:
B. For exports of hazardous waste subject to the requirements of Code of Federal Regulations, title 40, part 262, subpart H, Transfrontier Shipments of Hazardous Waste For Recovery Within the OECD, a transporter may not accept hazardous waste without a tracking document that includes all information required by Code of Federal Regulations, title 40, section 262.84.
**Subp. 2. Prior to acceptance of shipment.**
Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.
**Subp. 3. Manifest with shipment.**
The transporter must ensure that the manifest accompanies the hazardous waste shipment and is maintained in an accessible location during transportation if required by part 7045.0381. In the case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of Consent also accompanies the hazardous waste.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 12 SR 1660; 16 SR 2102; 31 SR 1277*
##### **Minn. R. 7045.0380** [Repealed, 9 SR 115] {#sec-7045.0380 omnilex-key=us-mn-regs-official--agency-167--7045.0380}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0381** Use of Manifest {#sec-7045.0381 omnilex-key=us-mn-regs-official--agency-167--7045.0381}
**Subpart 1. Delivery of shipment.**
A transporter who delivers a hazardous waste to another transporter or to the designated facility must:
A. obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest;
B. retain one copy of the manifest according to part 7045.0391; and
C. give the remaining copies of the manifest to the accepting transporter or designated facility.
**Subp. 2. Delivery of bulk shipments by water.**
The requirements of subpart 1 do not apply to bulk shipments by water if:
A. the bulk shipment of hazardous waste is delivered by water to the designated facility;
B. a shipping paper containing all the information required on the manifest, excluding the identification numbers, generator certification, and signatures, and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste;
C. the delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper;
D. the person delivering the hazardous waste to the initial bulk shipment water transporter obtains the date of delivery and signature of the bulk shipment water transporter on the manifest and forwards it to the designated facility; and
E. a copy of the shipping paper or manifest is retained by each bulk shipment water transporter in accordance with part 7045.0391.
**Subp. 3. Delivery of shipments by rail.**
The requirements of subparts 1 and 2 do not apply to shipments by rail and the requirements of items A to F do apply.
A. When accepting hazardous waste from a nonrail transporter, the initial rail transporter must:
B. Rail transporters must ensure that a shipping paper containing all the information required on the manifest excluding the identification numbers, generator certification, and signatures and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste at all times.
C. Intermediate rail transporters are not required to sign either the manifest or shipping paper.
D. When delivering hazardous waste to the designated facility, a rail transporter must:
E. When delivering hazardous waste to a nonrail transporter, a rail transporter must:
F. Before accepting hazardous waste from a rail transporter, a nonrail transporter must sign and date the manifest and provide a copy to the rail transporter.
**Subp. 4. Transportation to foreign country from Minnesota.**
Transporters who transport hazardous waste to a foreign country from Minnesota must:
A. indicate on the manifest the date the hazardous waste left the United States;
B. sign the manifest and retain one copy according to part 7045.0391;
C. return a signed copy of the manifest to the generator; and
D. give a copy of the manifest to a United States Customs official at the point of departure from the United States.
**Subp. 5. Use of an alternate manifest.**
Transporters who transport hazardous waste accompanied by an alternate manifest as provided in part 7045.0075, subpart 5 must:
A. for each shipment, record on a log or shipping paper the name, address, and identification number of the waste generator, the quantity of waste accepted, all United States Department of Transportation shipping information, and the date the waste was accepted;
B. carry the information required in item A when transporting waste to the reclamation facility; and
C. maintain a copy of the information required in item A and the reclamation agreement during the term of the agreement and for three years after termination or expiration of the agreement.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 1950; 12 SR 1660; 22 SR 5*
##### **Minn. R. 7045.0385** Compliance with the Manifest {#sec-7045.0385 omnilex-key=us-mn-regs-official--agency-167--7045.0385}
**Subpart 1. Acceptable destinations for shipments.**
The transporter must deliver the entire quantity of hazardous waste which he or she has accepted from a generator or a transporter to:
A. the designated facility listed on the manifest;
B. the alternate designated facility if an emergency prevents delivery to the designated facility listed on the manifest;
C. the next designated transporter; or
D. the place outside the United States designated by the generator.
**Subp. 2. Return of shipment to generator.**
A. If the hazardous waste cannot be delivered according to subpart 1, because of an emergency condition other than the rejection of the waste by the designated facility, the transporter must immediately contact the generator for further instructions and must revise the manifest according to the generator's instructions.
B. If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, the transporter must obtain the following:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 31 SR 1277*
##### **Minn. R. 7045.0390** [Repealed, 9 SR 115] {#sec-7045.0390 omnilex-key=us-mn-regs-official--agency-167--7045.0390}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0391** Record Keeping {#sec-7045.0391 omnilex-key=us-mn-regs-official--agency-167--7045.0391}
**Subpart 1. Manifest.**
A transporter of hazardous waste must keep a copy of the manifest signed by the generator, by himself or herself, and by the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial transporter.
**Subp. 2. Manifest; bulk shipments by water.**
For bulk shipments delivered by water to the designated facility, each bulk shipment water transporter must retain a copy of the shipping paper containing all the information required in part 7045.0381, subpart 2 for a period of three years from the date the hazardous waste was accepted by the initial transporter.
**Subp. 3. Manifest; shipments by rail.**
The provisions of items A to C apply to shipments of hazardous waste by rail within the United States.
A. The initial rail transporter must keep a copy of the manifest and shipping paper with all the information required in part 7045.0381, subpart 3, item B for a period of three years from the date the hazardous waste was accepted by the initial transporter.
B. Intermediate rail transporters are not required to keep records pursuant to this part.
C. The final rail transporter must keep a copy of the signed manifest or the shipping paper, if signed by the designated facility in lieu of the manifest, for a period of three years from the date the hazardous waste was accepted by the initial transporter.
**Subp. 4. Manifest; transportation out of United States.**
A transporter who transports hazardous waste out of the United States must keep a copy of the manifest indicating that the hazardous waste left the United States for a period of three years from the date the hazardous waste was accepted by the initial transporter.
**Subp. 5. Extension of retention period.**
The periods of retention referred to in subparts 1 to 4 are extended automatically during the course of any unresolved enforcement action regarding the regulated activity.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 17 SR 1279*
##### **Minn. R. 7045.0395** Hazardous Waste Discharges {#sec-7045.0395 omnilex-key=us-mn-regs-official--agency-167--7045.0395}
**Subpart 1. Immediate action.**
If during the course of transportation, a container is discovered to be broken or leaking, or a discharge of hazardous waste occurs, the transporter must take appropriate immediate action to protect human health and the environment including the notification of local authorities and the generator, and the diking of the discharge area. The generator shall render all reasonable assistance to the transporter in repackaging, packing, and cleaning up the waste so that the trip may be resumed. "All reasonable assistance" means providing the transporter with all necessary information about the waste and about procedures for repackaging, packing, and cleaning up the waste and, in addition, providing any physical assistance that the generator is uniquely suited to provide and for which the transporter is willing to bear the costs. Nothing in this provision, however, is intended to restrict or enlarge or affect in any way the liability the generator may have to repackage, pack, and clean up the waste.
**Subp. 2. Removal without a manifest.**
If a discharge of hazardous waste occurs during transportation and an official of a state or local government or a federal agency acting within the scope of his or her official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have identification numbers and without the preparation of a manifest.
**Subp. 3. Notification.**
An air, rail, highway, or water transporter who has discharged hazardous waste must:
A. immediately notify the agency if the hazardous waste may cause pollution of the air, land, or waters of the state. The person shall use the appropriate Minnesota duty officer's 24-hour telephone notification service:
B. give notice, if required by Code of Federal Regulations, title 49, section 171.15, as amended, to the National Response Center (800) 424-8802 or (202) 426-2675;
C. immediately notify the generator of any spill or leak during transit; and
D. give the same notice as required by Code of Federal Regulations, title 33, section 153.203, as amended, for oil and hazardous substances if the transporter is a water transporter of bulk shipments.
**Subp. 4. Duty to recover.**
A transporter who owns, has possession of, or otherwise has control of a hazardous waste that spills, leaks, or otherwise escapes from a container, vehicle tank, storage tank, portable tank, or other containment system, including its associated piping, shall recover the hazardous waste as rapidly and as thoroughly as possible and shall immediately take other action as may be reasonably possible to protect human life and health and minimize or abate pollution of the water, air, or land resources of the state caused thereby.
**Subp. 5. Reporting.**
Any air, rail, highway, or water transporter who has discharged hazardous waste must:
A. report in writing as required by Code of Federal Regulations, title 49, section 171.16, as amended, to the Information Systems Manager, PHH-63, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Washington, D.C. 20590-0001, or submit an electronic hazardous materials incident report to the Information Systems Manager, DHM-63, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Washington, D.C. 20590-0001 at http://hazmat.dot.gov;
B. submit a copy or photocopy of the report required in item A within 15 days of the incident to the commissioner; and
C. in the case of a spill or leakage of hazardous waste during transit, the amount spilled, the location of the spill site, and the name of the state or federal agency responsible for overseeing the cleanup of the site shall be noted on or attached to the hazardous waste manifest by the transporter.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 18 SR 1565; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0397** Delivery of Hazardous Waste {#sec-7045.0397 omnilex-key=us-mn-regs-official--agency-167--7045.0397}
No person shall deliver hazardous waste to a hazardous waste facility or give hazardous waste to a transporter for shipment to a hazardous waste facility located in the state of Minnesota, if the facility operator has not obtained a hazardous waste facility permit from the agency unless the facility is specifically exempt from a hazardous waste facility permit pursuant to this chapter. Nothing in this provision is intended to require the transporter to undertake any evaluation of a waste to determine whether it is hazardous.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115*
##### **Minn. R. 7045.0400** [Repealed, 9 SR 115] {#sec-7045.0400 omnilex-key=us-mn-regs-official--agency-167--7045.0400}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0410** [Repealed, 9 SR 115] {#sec-7045.0410 omnilex-key=us-mn-regs-official--agency-167--7045.0410}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0420** [Repealed, 9 SR 115] {#sec-7045.0420 omnilex-key=us-mn-regs-official--agency-167--7045.0420}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0430** [Repealed, 9 SR 115] {#sec-7045.0430 omnilex-key=us-mn-regs-official--agency-167--7045.0430}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0450** Facilities Governed by Facility Standards {#sec-7045.0450 omnilex-key=us-mn-regs-official--agency-167--7045.0450}
**Subpart 1. General requirements.**
A. Parts 7045.0450 to 7045.0551 apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste except as specifically provided otherwise in this part or in parts 7045.0102 to 7045.0320.
B. Parts 7045.0450 to 7045.0551 apply to the owners or operators of publicly owned treatment works that treat, store, or dispose of hazardous waste only to the extent they are included in a permit-by-rule granted under the agency's permitting procedures.
C. Parts 7045.0450 to 7045.0551 apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act of 1972, United States Code, title 16, sections 1431 to 1434, as amended, and United States Code, title 33, section 1401, as amended, only to the extent they are included in a permit-by-rule granted under the agency's permitting procedures. Parts 7045.0450 to 7045.0551 apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.
D. Parts 7045.0450 to 7045.0551 apply to the owners and operators of all facilities that treat, store, or dispose of hazardous waste referred to in part 7045.1390.
E. The requirements of parts 7045.0452 to 7045.0470 and 7045.0485 do not apply to remediation waste management sites. The requirements of Code of Federal Regulations, title 40, section 264.1(j), as amended, are adopted by reference and apply to remediation waste management sites. In addition, the provisions of part 7045.0090 also apply.
**Subp. 2. Relationship to interim status standards.**
A facility owner or operator who has fully complied with the requirements for interim status under part 7045.0554 shall comply with parts 7045.0552 to 7045.0649 in lieu of parts 7045.0450 to 7045.0551 until final administrative disposition of the permit application is made. The treatment, storage, or disposal of hazardous waste is prohibited except in accordance with a permit and except for the extent to which parts 7045.0552 to 7045.0649 provide for the continued operation of an existing facility which meets certain conditions until final administrative disposition of the owner's or operator's permit application is made, except as provided under parts 7045.0485, 7045.0545, and 7045.0546.
**Subp. 3. Exemptions.**
The requirements of parts 7045.0450 to 7045.0551 do not apply to the following specific waste management units, facilities, or activities, although all other waste management activities of the owner or operator may be regulated:
A. a facility managing recyclable hazardous wastes subject to regulation under part 7045.0125, 7045.0665, 7045.0675, or 7045.0685; however, this exemption does not apply where part 7045.0125, 7045.0665, 7045.0675, or 7045.0685 makes the requirements of parts 7045.0450 to 7045.0551 applicable by cross-reference;
B. the accumulation of waste on-site in compliance with part 7045.0292;
C. the disposal of waste pesticides from a farmer's own use in compliance with part 7045.0213, subpart 2;
D. a totally enclosed treatment facility;
E. an elementary neutralization unit, a pretreatment unit, or a wastewater treatment unit, but only if the unit does not receive hazardous waste from generators other than the owner or operator of the unit, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in Code of Federal Regulations, title 40, section 268.40, Table of Treatment Standards for Hazardous Wastes, as incorporated in part 7045.1390) or reactive (D003) waste to remove the characteristic before land disposal, the owner or operator must comply with part 7045.0456, subpart 2;
F. the treatment, storage, or disposal of hazardous waste by the owner or operator of a publicly owned treatment works with respect to hazardous waste which is delivered to the treatment works by a transport vehicle or vessel or through a pipe, unless the requirements of parts 7045.0450 to 7045.0551 are included in a permit-by-rule;
G. that portion of a combustion waste facility which is used to manage hazardous waste produced in conjunction with the combustion of fossil fuels provided that the wastes:
H. the storage of manifested shipments of hazardous waste in containers meeting the requirements of part 7045.0270, subpart 4, at a transfer facility for a period of ten days or less in compliance with part 7045.0365;
I. the addition of absorbent material to hazardous waste in a container or the addition of hazardous waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container, and parts 7045.0456, subpart 2, and 7045.0526, subparts 2 and 3, are complied with;
J. (1) except as provided in subitem (2), treatment or containment activities during immediate response to any of the following situations: a discharge of a hazardous waste, an imminent and substantial threat of a discharge of hazardous waste, or a discharge of a material which, when discharged, becomes a hazardous waste;
K. treatment of hazardous waste by a generator in the generator's accumulation tanks or containers in accordance with part 7045.0292. If the treatment involves evaporation of aqueous waste or polymerization of polyester or other chemical fixation treatment processes in open containers, the generator is exempt from parts 7045.0450 to 7045.0551, but before beginning the treatment process must submit to the commissioner the information required under part 7045.0539, subpart 2, items A to C, that is relevant to the treatment activity and must be notified by the commissioner that the treatment activity is approved. The commissioner shall approve the treatment activity if the commissioner finds that the treatment activity will not endanger human health and the environment; or
L. universal waste handlers and universal waste transporters when managing universal waste under part 7045.1400.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 10 SR 929; 10 SR 1688; 13 SR 1238; 16 SR 2102; 18 SR 1565; 20 SR 714; 20 SR 715; 22 SR 5; 29 SR 947; 30 SR 43; 33 SR 2042*
##### **Minn. R. 7045.0452** General Facility Standards {#sec-7045.0452 omnilex-key=us-mn-regs-official--agency-167--7045.0452}
**Subpart 1. Scope.**
The requirements of subparts 2 to 5 apply to owners and operators of all hazardous waste facilities except as provided by part 7045.0450.
**Subp. 2. Identification number.**
Every facility owner or operator shall apply for an identification number in accordance with the agency's procedures.
**Subp. 3. Required notices.**
The owner or operator of a facility shall give notice in the following situations:
A. The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the commissioner as well as the Environmental Protection Agency's Region V administrator in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
B. No facility owner or operator may accept a shipment of hazardous waste which he or she is not allowed to manage under the hazardous waste facility permit. The owner or operator shall notify the commissioner immediately upon receiving the hazardous wastes.
C. Except when the owner or operator is also the generator, the owner or operator of a facility that receives hazardous waste from an off-site source shall inform the generator in writing that he or she has the appropriate permit or permits for, and will accept, the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record.
D. Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the postclosure care period, the owner or operator shall notify the new owner or operator in writing of the requirements of parts 7045.0450 to 7045.0551 and all permit requirements. An owner's or operator's failure to notify the new owner or operator of these requirements does not relieve the new owner or operator of the obligation to comply with all applicable requirements.
E. The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to part 7045.0322 must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460, and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document must be maintained at the facility for at least three years.
**Subp. 4. Security.**
The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless he or she can demonstrate to the commissioner in the permit application that:
A. physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which could enter the active portion of a facility; and
B. disturbance of the waste or equipment by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility will not cause a violation of parts 7045.0450 to 7045.0551. Unless the owner or operator has made a successful demonstration in the permit application that has been approved by the commissioner, a facility must have a 24-hour surveillance system which continuously monitors and controls entry onto the active portion of the facility, or an artificial or natural barrier which completely surrounds the active portion of the facility and a means to control entry at all times through the gates or other entrances to the active portion of the facility. Unless the owner or operator has made a successful demonstration in the permit application that has been approved by the commissioner, a sign with the legend, "Danger - Unauthorized Personnel Keep Out," must be posted at each entrance to the active portion of a facility and at other locations in sufficient numbers to be seen from any approach to the active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility and must be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger - Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion and that entry onto the active portion can be dangerous.
**Subp. 5. General inspection requirements.**
General inspection requirements include the following:
A. The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to the release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
B. The owner or operator shall develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment that are important to preventing, detecting, or responding to environmental or human health hazards. This schedule must be kept at the facility. The schedule must identify the types of problems which are to be looked for during the inspection such as inoperative sump pumps, leaking fittings, and eroding dikes.
C. The frequency of inspection may vary for the items on the schedule. However, the frequency must be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the terms and frequencies called for in parts 7045.0526, subpart 5; 7045.0528, subparts 4 and 7; 7045.0532, subpart 5; 7045.0534, subpart 6; 7045.0536, subpart 6; 7045.0538, subpart 5; 7045.0539, subpart 3; and 7045.0542, subpart 7; and the process vent, equipment leak, and tank, surface impoundment, and container standards in Code of Federal Regulations, title 40, sections 264.1033, 264.1052, 264.1053, 264.1058, as amended, and sections 264.1083 to 264.1089, as incorporated in part 7045.0540, where applicable. The inspection schedule must be submitted with the permit application. The commissioner shall evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, the commissioner may modify or amend the schedule as necessary.
D. The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
E. The owner or operator shall record inspections in an inspection log or summary and shall keep these records for at least three years from the date of inspection. These records must include the date and time of the inspection, the name of the inspector, a notation of the observation made, and the date and nature of any repairs or other remedial actions.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; L 1987 c 186 s 15; 13 SR 259; 13 SR 2761; 16 SR 2321; 18 SR 1886; 29 SR 947; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0454** Personnel Training {#sec-7045.0454 omnilex-key=us-mn-regs-official--agency-167--7045.0454}
**Subpart 1. General.**
Hazardous waste facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required by subpart 6, item C.
**Subp. 2. Program director.**
The training program must be directed by a person trained in hazardous waste management procedures.
**Subp. 3. Minimum program requirements.**
The training program must include instruction which teaches facility personnel hazardous waste management procedures relevant to the positions in which they are employed, including contingency plan implementation procedures. The training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:
A. procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
B. key parameters for automatic waste feed cutoff systems;
C. communications or alarm systems;
D. procedures for response to fires or explosions;
E. procedures for response to ground water contamination incidents; and
F. procedures for shutdown of operations.
**Subp. 4. Effective date.**
Facility personnel shall successfully complete the program required in subpart 3 within six months after the date of their employment or assignment to a facility or assignment to a new position at a facility. Facility personnel not subject to the requirements of Code of Federal Regulations, title 40, section 264.18, as amended, shall successfully complete the program required in subpart 3 within six months after the date of their employment or assignment to a facility or assignment to a new position at a facility. Employees hired after July 16, 1984 shall not work in unsupervised positions until they have completed the training requirements of subparts 1 to 3.
**Subp. 5. Training review.**
Facility personnel shall take part at least once per calendar year in a review of the initial training required in subparts 1 to 3.
**Subp. 6. Personnel records.**
The following documents and records must be maintained at the facility:
A. the job title for each position at the facility related to hazardous waste management and the name of the employee filling each job;
B. a written job description for each position at the facility related to hazardous waste. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications and duties of employees assigned to each position;
C. a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position described in item A; and
D. records that document that the training or job experience required under subparts 1 to 5 has been given to, and completed by, facility personnel.
**Subp. 7. Record retention.**
Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 14 SR 2248; 20 SR 715; 22 SR 5*
##### **Minn. R. 7045.0456** General Requirements for Ignitable, Reactive, or Incompatible Waste {#sec-7045.0456 omnilex-key=us-mn-regs-official--agency-167--7045.0456}
**Subpart 1. Required notices.**
The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction, including but not limited to open flames, smoking, cutting and welding, hot surfaces, frictional heat, static sparks, electrical sparks, mechanical sparks, spontaneous ignition, and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
**Subp. 1a. Segregation of incompatible waste.**
Hazardous waste that is incompatible with any waste or other materials located nearby must be adequately separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
**Subp. 2. Required precautions.**
When specifically required by other rules in this chapter, the owner or operator of a facility that treats, stores, or disposes of ignitable or reactive waste or mixes incompatible waste or incompatible wastes and other materials, shall take precautions to prevent reactions which:
A. generate extreme heat, pressure, fire, explosions, or violent reactions unless the process has a permit to handle these types of reactions;
B. produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
C. produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
D. damage the structural integrity of the device or facility; or
E. through other like means threaten human health or the environment.
**Subp. 3. Documentation of compliance.**
When required to comply with this part, the owner or operator shall document that compliance. This documentation may be based on reference to published scientific or engineering literature, data from trial tests, waste analyses, or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 20 SR 715*
##### **Minn. R. 7045.0458** Waste Analysis Requirements {#sec-7045.0458 omnilex-key=us-mn-regs-official--agency-167--7045.0458}
**Subpart 1. Waste analysis.**
Waste analysis procedures are listed in items A to D.
A. Before an owner or operator treats, stores, or disposes of any hazardous waste, or nonhazardous waste if applicable under part 7045.0488, subpart 2a, the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. This analysis must contain all the information which must be known in order to treat, store, or dispose of the waste in accordance with the requirements of parts 7045.0450 to 7045.0551 and 7045.1390, or with the conditions of a permit issued under the agency's permitting procedures.
B. The analysis may include data developed under parts 7045.0102 to 7045.0155 and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes, including data obtained from the generator.
C. The analysis must be repeated as necessary to ensure that it is accurate and up-to-date. The analysis must be repeated at the following times:
D. The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
**Subp. 2. Waste analysis plan.**
The owner or operator shall develop and follow a written waste analysis plan which describes the procedures that will be used to comply with subpart 1. The owner or operator shall keep this plan at the facility. The plan must specify:
A. the parameters for which each hazardous waste, or nonhazardous waste if applicable under part 7045.0488, subpart 2a, will be analyzed and the rationale for the selection of these parameters;
B. the test methods which will be used to test for these parameters;
C. the sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:
D. the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date;
E. for off-site facilities, the waste analyses that hazardous waste generators have agreed to supply;
F. where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in parts 7045.0456; 7045.0538, subpart 10; 7045.0542, subpart 2; and Code of Federal Regulations, title 40, section 268.7, as incorporated in part 7045.1390; and the process vent, equipment leak, and tank, surface impoundment, and container test methods and procedures in Code of Federal Regulations, title 40, sections 264.1034(d), 264.1063(d), as amended, and section 264.1083, as incorporated in part 7045.0540;
G. for off-site facilities, the waste analysis plan must also specify the procedures that will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. The plan must describe:
H. for surface impoundments exempted from the land disposal restrictions under Code of Federal Regulations, title 40, section 268.4, as incorporated in part 7045.1390, the procedures and schedules for:
I. for owners and operators seeking an exemption to the air emission standards of part 7045.0540 in accordance with Code of Federal Regulations, title 40, section 264.1082, as incorporated in part 7045.0540:
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 13 SR 1238; 16 SR 1225; 16 SR 2102; 16 SR 2239; 16 SR 2321; 18 SR 1565; 20 SR 715; 29 SR 947; 33 SR 2042*
##### **Minn. R. 7045.0460** Location Standards {#sec-7045.0460 omnilex-key=us-mn-regs-official--agency-167--7045.0460}
**Subpart 1. Floodplains.**
A facility located in a 100-year floodplain must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood unless the owner or operator can demonstrate to the commissioner that the conditions in item A or B are met:
A. Procedures are in effect which will cause the waste to be removed safely before flood waters can reach the facility to a location where the wastes will not be vulnerable to floodwaters. The location to which wastes are moved must be a facility which is either permitted by this agency, the Environmental Protection Agency, or by a state with a hazardous waste management program authorized by the Environmental Protection Agency, or which has interim status.
B. For existing surface impoundments, waste piles, land treatment units, landfills, and miscellaneous units, no adverse effects on human health or the environment will result if washout occurs, considering:
**Subp. 2. Other location standards.**
No facility may be established or constructed in a wetland or within a shoreland.
No facility may be established or constructed in a location where the topography, geology, hydrology, or soil is unsuitable for the protection of the ground water and the surface water. Factors to be used in determining unsuitability of a site include:
A. proximity to lakes, streams, or ponds;
B. proximity to and type of bedrock;
C. presence of natural aquicludes to protect ground water;
D. value of the ground water as a water supply; and
E. ground water flow patterns, particularly if the site is located in a zone of recharge to aquifers usable as sources of drinking water. No facility may be established or constructed in a location where facility activity would result in emissions of air contaminants causing the violation of the ambient air quality standards established in parts 7009.0010 to 7009.0080.
**Subp. 3. Underground mines and caves.**
The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, or underground mine or cave is prohibited.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 13 SR 2761*
##### **Minn. R. 7045.0461** Construction Quality Assurance Program {#sec-7045.0461 omnilex-key=us-mn-regs-official--agency-167--7045.0461}
**Subpart 1. Construction quality assurance program.**
A construction quality assurance program is required for all surface impoundment, waste pile, and landfill units that are required to comply with parts 7045.0532, subpart 3, items C and H; 7045.0534, subpart 3, items C and D; and 7045.0538, subpart 3, items C and K. The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a construction quality assurance officer who is a registered professional engineer.
The construction quality assurance program must address the following physical components, where applicable:
A. foundations;
B. dikes;
C. low-permeability soil liners;
D. geomembranes (flexible membrane liners);
E. leachate collection and removal systems and leak detection systems; and
F. final cover systems.
**Subp. 2. Written construction quality assurance plan.**
The owner or operator of units subject to the construction quality assurance program under subpart 1 must develop and implement a written construction quality assurance plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The construction quality assurance plan must include:
A. Identification of applicable units, and a description of how they will be constructed.
B. Identification of key personnel in the development and implementation of the construction quality assurance plan, and construction quality assurance officer qualifications.
C. A description of inspection and sampling activities for all unit components identified in subpart 1, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover sampling size and locations, frequency of testing, data evaluation procedures, acceptance and rejection criteria for construction materials, plans for implementing corrective measures, and data or other information to be recorded and retained in the operating record under part 7045.0478.
**Subp. 3. Contents of program.**
A. The construction quality assurance program must include observations, inspections, tests, and measurements sufficient to ensure:
B. The construction quality assurance program shall include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of parts 7045.0532, subpart 3, item C, subitem (1), unit (a), subunit ii; 7045.0534, subpart 3, item C, subitem (1), unit (a), subunit ii; and 7045.0538, subpart 3, item C, subitem (1), unit (a), subunit ii, in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The commissioner may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of parts 7045.0532, subpart 3, item C, subitem (1), unit (a), subunit ii; 7045.0534, subpart 3, item C, subitem (1), unit (a), subunit ii; and 7045.0538, subpart 3, item C, subitem (1), unit (a), subunit ii, in the field.
**Subp. 4. Certification.**
Waste shall not be received in a unit subject to part 7045.0461 until the owner or operator has submitted to the commissioner by certified mail or hand delivery a certification signed by the construction quality assurance officer that the approved construction quality assurance plan has been successfully carried out and that the unit meets the requirements of parts 7045.0532, subpart 3, items C and H; 7045.0534, subpart 3, items C and D; and 7045.0538, subpart 3, items C and K; and the procedure in part 7001.0150, subpart 3, item M, has been completed. Documentation supporting the construction quality assurance officer's certification must be furnished to the commissioner upon request.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 18 SR 1886*
##### **Minn. R. 7045.0462** Preparedness and Prevention {#sec-7045.0462 omnilex-key=us-mn-regs-official--agency-167--7045.0462}
**Subpart 1. Scope.**
The provisions of subparts 2 to 6 apply to owners and operators of all hazardous waste facilities except as otherwise provided in part 7045.0450.
**Subp. 2. Design and operation of facility.**
Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release to air, land, or water of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
**Subp. 3. Required equipment.**
All facilities must be equipped with the following, unless it can be demonstrated to the commissioner that none of the hazards posed by waste handled at the facility could require the particular equipment specified below:
A. an internal communications or alarm system capable of providing immediate emergency instruction by voice or signal to facility personnel;
B. a device, such as a telephone or a hand-held two-way radio, which is immediately available at the scene of operations and which is capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;
C. portable fire extinguishers, spill control equipment, decontamination equipment, and fire control equipment, including special extinguishing devices such as those using foam, inert gas, or dry chemicals; and
D. water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.
**Subp. 4. Testing and maintenance of equipment.**
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to ensure proper operation in time of emergency.
**Subp. 5. Access to communications or alarm system.**
Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the commissioner has ruled that such a device is not required under subpart 3.
If at any time only one employee is on the premises while the facility is operating, that employee shall have immediate access to a device, such as a telephone or a hand-held, two-way radio, which is immediately available at the scene of operation and which is capable of summoning external emergency assistance unless the commissioner has ruled that such a device is not required under subpart 3.
**Subp. 6. Required aisle space.**
The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency unless it can be demonstrated to the commissioner that aisle space is not needed for any of these purposes.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15*
##### **Minn. R. 7045.0464** Arrangements with Local Authorities for Emergencies {#sec-7045.0464 omnilex-key=us-mn-regs-official--agency-167--7045.0464}
**Subpart 1. Arrangements required.**
The owner or operator shall attempt to make the following arrangements, as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations:
A. arrangements to familiarize the police, fire departments, and emergency response teams with the location of storage and accumulation areas within the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;
B. if more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
C. agreements with state emergency response teams, emergency response contractors, and equipment suppliers; and
D. arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
**Subp. 2. Refusal by authorities.**
If state or local authorities decline to enter into arrangements required under subpart 1, the owner or operator shall document the refusal in the operating record.
**Subp. 3. Record keeping.**
The owner or operator shall document attempts under subpart 1 to make arrangements with local authorities in the operating record.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 18 SR 1565*
##### **Minn. R. 7045.0466** Contingency Plan {#sec-7045.0466 omnilex-key=us-mn-regs-official--agency-167--7045.0466}
**Subpart 1. Scope.**
The provisions of subparts 2 to 6, parts 7045.0464, 7045.0468, and 7045.0470 apply to owners and operators of all hazardous waste facilities except as otherwise provided in part 7045.0450.
**Subp. 2. General requirements.**
Each owner or operator shall have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, land, or water.
**Subp. 3. Implementation of plan.**
The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
**Subp. 4. Content of contingency plan.**
The contingency plan must contain the following:
A. A description of the actions that facility personnel shall take to comply with subparts 2 and 3, and part 7045.0468.
B. If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures Plan in accordance with Code of Federal Regulations, title 40, parts 112 and 1510, as amended, or another emergency or contingency plan, that plan must only be amended to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter.
C. A description of arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services pursuant to part 7045.0464.
D. An up-to-date list of names, addresses, and office and home telephone numbers of all persons qualified to act as emergency coordinator. If more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. For new facilities, this information must be supplied to the commissioner at the time of certification rather than at the time of permit application.
E. A list of all emergency equipment at the facility such as fire extinguishing systems, spill control equipment, internal and external communications and alarm systems, and decontamination equipment, where this equipment is required. This list must be kept up-to-date. In addition, the plan must include the location and a physical description of each item on the list and a brief outline of its capabilities.
F. An evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe the signal or signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary routes could be blocked by the release of hazardous waste or fire.
**Subp. 5. Copies of contingency plan.**
A copy of the contingency plan and all revisions to the plan must be:
A. maintained at the facility;
B. submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services; and
C. submitted to the commissioner with the permit application and, after modification or approval, will become a condition of any permit issued.
**Subp. 6. Amendment of contingency plan.**
The contingency plan must be reviewed, and immediately amended if necessary, whenever:
A. the facility permit is revised;
B. the plan fails in an emergency;
C. the facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or the release of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
D. the list of emergency coordinators changes; or
E. the list of emergency equipment changes.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 20 SR 715*
##### **Minn. R. 7045.0468** Emergency Procedures {#sec-7045.0468 omnilex-key=us-mn-regs-official--agency-167--7045.0468}
**Subpart 1. Emergency coordinator.**
At all times, there must be at least one employee either on the facility premises or on call with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. This person shall also have the authority to commit the resources needed to carry out the contingency plan. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste handled by the facility and type and complexity of the facility.
**Subp. 2. Notification of emergency.**
Whenever the contingency plan is implemented, the emergency coordinator or designee when the emergency coordinator is on call, shall immediately activate internal facility alarms or communication systems, where applicable, to notify all facility personnel and notify appropriate state or local agencies with designated response roles with at least the information listed in subparts 3 and 4.
**Subp. 3. Identification of released material.**
Whenever the contingency plan is implemented, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. He or she may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.
**Subp. 4. Assessment of hazards.**
Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the event that required the implementation of the contingency plan. This assessment must consider both direct and indirect effects of the release, fire, or explosion; the effects of any toxic, irritating, or asphyxiating gases that are generated; and the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions.
**Subp. 5. Report on released material.**
If the emergency coordinator determines that the effects of an event requiring the contingency plan to be implemented could threaten human health or the environment outside the facility, the findings must be reported as provided in items A to C.
A. If the assessment indicates that evacuation of local areas may be advisable, the appropriate local authorities must be immediately notified, and the emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.
B. The Minnesota duty officer must be immediately notified at the appropriate 24-hour telephone number:
C. Notice must be given to the National Response Center using its 24-hour toll-free telephone number, (800) 424-8802. The report must include:
**Subp. 6. Duty to notify.**
The emergency coordinator shall immediately notify the Minnesota duty officer if the released hazardous waste may cause pollution of the air, land resources, or waters of the state. The emergency coordinator shall use the appropriate Minnesota duty officer's 24-hour telephone number:
A. (651) 649-5451 for Twin Cities' local calling area and outside Minnesota;
B. (800) 422-0798 for greater Minnesota;
C. (651) 297-5353 for TDD for Twin Cities' local calling area and outside Minnesota; or
D. (800) 627-3529 for TDD for greater Minnesota.
**Subp. 7. Containment measures.**
During an event that requires the implementation of the contingency plan, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.
**Subp. 8. Facility monitoring.**
If the facility stops operations in response to an event requiring the implementation of the contingency plan, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 1832; 18 SR 1565*
##### **Minn. R. 7045.0470** Post Emergency Requirements {#sec-7045.0470 omnilex-key=us-mn-regs-official--agency-167--7045.0470}
**Subpart 1. Cleanup.**
Immediately after an event requiring the implementation of the contingency plan, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or water, or any other material that results from a release, fire, or explosion at the facility in a manner approved by the commissioner. Unless the owner or operator can demonstrate that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of parts 7045.0102 to 7045.0397. The emergency coordinator shall ensure that in the affected area or areas of the facility no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed, and all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
**Subp. 2. Notice before resuming operations.**
The owner or operator shall notify the regional administrator, the commissioner, and other appropriate state and local authorities that the facility is in compliance with subpart 1 before operations are resumed in the affected area or areas of the facility.
**Subp. 3. Report to agency.**
The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he or she must submit a written report on the incident to the commissioner. The report must include:
A. name, address, and telephone number of the owner or operator;
B. name, address, and telephone number of the facility;
C. date, time, and type of incident;
D. name and quantity of material involved;
E. the extent of injuries, if any;
F. an assessment of actual or potential hazards to human health or the environment, where this is applicable; and
G. estimated quantity and disposition of recovered material that resulted from the incident.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 18 SR 1565*
##### **Minn. R. 7045.0472** Facility Shipping Requirements {#sec-7045.0472 omnilex-key=us-mn-regs-official--agency-167--7045.0472}
When a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of parts 7045.0205 to 7045.0325.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 16 SR 2102; 31 SR 1277*
##### **Minn. R. 7045.0474** Manifest System {#sec-7045.0474 omnilex-key=us-mn-regs-official--agency-167--7045.0474}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise. The provisions of subpart 2 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.
**Subp. 2. General manifest requirements.**
A. If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or this person's agent, shall:
B. If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), United States Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue N.W., Washington, DC 20460.
**Subp. 3. Rail and water shipment requirements.**
If a facility receives hazardous waste from a rail or water bulk shipment transporter and the waste is accompanied by a shipping paper containing all the information required on the manifest, excluding the identification numbers, generator's certification, and signatures, the owner or operator, or this person's agent, shall do all of the following:
A. Sign and date each copy of the manifest or shipping paper, if the manifest has not been received, to certify that the hazardous waste covered by the manifest or shipping paper was received.
B. Note any discrepancies in the manifest, or in the shipping paper if the manifest has not been received, on each copy of the manifest or shipping paper. The owner or operator of a facility whose procedures under part 7045.0458, subpart 2, item G include waste analysis need not perform that analysis before signing the shipping paper and giving it to the transporter. However, part 7045.0476 requires reporting any discrepancy discovered during later analysis.
C. Immediately give the rail or water bulk shipment transporter at least one copy of the signed manifest, or shipping paper if the manifest has not been received.
D. Within 30 days after the delivery, send a copy of the signed and dated manifest, or a signed and dated copy of the shipping paper if the manifest has not been received within 30 days of delivery, to the generator. The generator is required under part 7045.0265 to send three copies of the manifest to the facility when hazardous waste is sent by rail or water bulk shipment.
E. Retain at the facility a copy of the manifest and shipping paper, if signed in lieu of the manifest at the time of delivery, for at least three years from the date of delivery.
**Subp. 4. Tracking document.**
Within three working days of the receipt of a shipment subject to part 7045.0322, the owner or operator of the facility must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document must be maintained at the facility for at least three years from the date of signature.
**Subp. 5. State-only wastes.**
The owner or operator of a facility must determine whether the consignment state for a shipment regulates any additional wastes, beyond those regulated federally, as hazardous wastes under its state hazardous waste program. The owner or operator of a facility must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 17 SR 1279; 31 SR 1277*
##### **Minn. R. 7045.0476** Manifest Discrepancies {#sec-7045.0476 omnilex-key=us-mn-regs-official--agency-167--7045.0476}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise. This part does not apply to owners or operators of on-site facilities that do not receive any hazardous waste from off-site sources.
**Subp. 2. Definition of discrepancy.**
Manifest discrepancies are defined as major or minor as follows:
A. Major manifest discrepancies are:
B. Minor manifest discrepancies are all other discrepancies such as use of manifests other than the manifest specified in part 7045.0325, incomplete manifests or shipping papers, manifests or shipping papers which are inconsistent, and a container or portable tank containing hazardous waste which is not properly labeled.
**Subp. 2a. Significant differences.**
A. Significant differences are differences in quantity or type as described in items B and C.
B. Significant differences in quantity are:
C. Significant differences in type are obvious differences that can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.
**Subp. 3. Handling of discrepancies.**
Upon discovering a discrepancy, the owner or operator of a facility shall take action as described in item A, B, or C, as applicable:
A. Upon discovering a major discrepancy, the owner or operator shall attempt to reconcile the discrepancy with the waste generator and the transporter. If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the commissioner a letter describing the discrepancy, attempts made to reconcile it, and a copy of the manifest or shipping paper at issue.
B. Upon discovering a minor discrepancy, the owner or operator shall attempt to reconcile the discrepancy with the waste generator and the transporter. The owner or operator shall indicate the type of discrepancy and its resolution on the manifest. If the discrepancy cannot be reconciled, the owner or operator shall note this on the manifest with a brief explanation.
C. Upon rejecting a waste or identifying a container residue that exceeds the quantity limits for empty containers in part 7045.0127, the owner or operator of a facility must:
**Subp. 4. Rejections sent to alternate facility.**
A. Except as provided in item B, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility must prepare a new manifest according to part 7045.0261, subpart 1, and:
B. For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing item 18b of the original manifest and supplying the information on the next destination facility in the alternate facility space. The facility must retain a copy of this manifest for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, the facility must use a new manifest and comply with item A.
**Subp. 5. Rejections returned to generator.**
A. Except as provided in item B, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest according to part 7045.0261, subpart 1, and:
B. For full load rejections that are made while the transporter remains present at the facility, the facility may return the shipment to the generator with the original manifest by completing items 18a and 18b of the manifest and supplying the generator's information in the alternate facility space. The facility must retain a copy of this manifest for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, the facility must use a new manifest and comply with item A.
**Subp. 6. Rejections after delivery.**
If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for empty containers in part 7045.0127 after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from item 4 of the new manifest to the discrepancy space of the amended manifest and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of the amendment and must, within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 9 SR 2118; 11 SR 1832; L 1987 c 186 s 15; 31 SR 1277*
##### **Minn. R. 7045.0478** Operating Record {#sec-7045.0478 omnilex-key=us-mn-regs-official--agency-167--7045.0478}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise.
**Subp. 2. Record requirement.**
The owner or operator shall keep a written operating record at the facility.
**Subp. 3. Record information.**
The information in items A to T must be recorded, as it becomes available, and maintained in the operating record until closure of the facility.
A. The names of the generators of the hazardous waste and their identification numbers.
B. The date of arrival of each shipment along with the transporter's name and identification numbers.
C. A description and the quantity of each hazardous waste received, and the method and date of treatment, storage, or disposal at the facility in accordance with the record-keeping instructions in Code of Federal Regulations, title 40, part 264, Appendix I, as incorporated in part 7045.0543.
D. The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of the hazardous waste must be recorded on a map or diagram of each cell or disposal area. For all facilities, this information must include cross references to specific manifest document numbers if the waste was accompanied by a manifest.
E. Records and results of waste analyses and waste determinations performed as specified in parts 7045.0456; 7045.0458; 7045.0538, subpart 10; and 7045.0542, subpart 2, and Code of Federal Regulations, title 40, sections 264.1034 and 264.1063, as amended, and sections 264.1083, 268.4(a), and 268.7, as incorporated in part 7045.0540 or 7045.1390; and the process vent and equipment leak test methods and procedures in Code of Federal Regulations, title 40, sections 264.1034 and 264.1063, as amended.
F. Summary reports and details of all incidents that require implementing the contingency plan as specified in part 7045.0470.
G. Records and results of inspections as required by part 7045.0452, subpart 5.
H. Monitoring, testing, or analytical data and corrective action where required by parts 7045.0461; 7045.0484; 7045.0528, subparts 2, 4, and 7; 7045.0532, subparts 4a, 4b, and 5; 7045.0534, subparts 4a, 5, 5a, and 6; 7045.0536, subparts 5, 6, and 8; 7045.0538, subparts 4a, 5, 5a, and 6; 7045.0539, subpart 3; and 7045.0542, subpart 7; and the process vent, equipment leak, and tank, surface impoundment, and container test methods and procedures and record keeping requirements in Code of Federal Regulations, title 40, sections 264.1034(c) to (f), 264.1035, 264.1063(d) to (i), and 264.1064, as amended, and sections 264.1082 to 264.1090, as incorporated in part 7045.0540.
I. For off-site facilities, notices to generators as specified in part 7045.0452, subpart 3, item C.
J. All closure cost estimates under part 7045.0502 and, for disposal facilities, all postclosure cost estimates under part 7045.0506.
K. A certification that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that the permittee generates to the degree determined by the permittee to be economically practicable; and the method of treatment, storage, or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment.
L. The certification in item K signed by the owner or operator of the facility or an authorized representative.
M. Records of the quantities and date of placement for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted by the United States Environmental Protection Agency under Code of Federal Regulations, title 40, section 268.5, a petition under part 7045.0075, subpart 9, or a certification under Code of Federal Regulations, title 40, section 268.8, as incorporated in part 7045.1390, and the applicable notice required of a generator under Code of Federal Regulations, title 40, section 268.7(a), as incorporated in part 7045.1390.
N. For an off-site treatment facility, a copy of the notice, and the certification and demonstration, if applicable, required of the generator or the owner under Code of Federal Regulations, title 40, section 268.7(a)(1) or 268.8, as incorporated in part 7045.1390.
O. For an on-site treatment facility, the information contained in the notice, except the manifest number, and the certification and demonstration, if applicable, required of the generator or owner or operator under Code of Federal Regulations, title 40, section 268.7(a)(1) or 268.8, as incorporated in part 7045.1390.
P. For an off-site land disposal facility, a copy of the notice, and the certification and demonstration, if applicable, required of the generator or the owner or operator of a treatment facility under Code of Federal Regulations, title 40, sections 268.7 and 268.8, as incorporated in part 7045.1390, whichever is applicable.
Q. For an on-site land disposal facility, the information contained in the notice required of the generator or owner or operator of a treatment facility under Code of Federal Regulations, title 40, section 268.7, as incorporated in part 7045.1390, except for the manifest number, and the certification and demonstration, if applicable, required under Code of Federal Regulations, title 40, section 268.8, as incorporated in part 7045.1390, whichever is applicable.
R. For an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required of the generator or the owner or operator under Code of Federal Regulations, title 40, section 268.7 or 268.8, as incorporated in part 7045.1390.
S. For an on-site storage facility, the information contained in the notice, except the manifest number, and the certification and demonstration if applicable, required of the generator or the owner or operator under Code of Federal Regulations, title 40, section 268.7 or 268.8, as incorporated in part 7045.1390.
T. Any records required under part 7045.0450, subpart 1, item E.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 11 SR 1832; 13 SR 259; 13 SR 1238; 13 SR 2761; 16 SR 2239; 16 SR 2321; 18 SR 1886; 20 SR 715; 29 SR 947; 33 SR 2042*
##### **Minn. R. 7045.0480** Retention and Disposition of Records {#sec-7045.0480 omnilex-key=us-mn-regs-official--agency-167--7045.0480}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise.
**Subp. 2. Retention of records.**
The retention period for all records required under parts 7045.0450 to 7045.0551 is three years and is extended automatically during the course of an unresolved enforcement action regarding the facility.
**Subp. 3. Disposition of records.**
A copy of records of waste disposal locations and quantities under part 7045.0478, subpart 3, must be submitted to the commissioner and the local land authority upon closure of the facility.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 29 SR 947*
##### **Minn. R. 7045.0482** Required Reports {#sec-7045.0482 omnilex-key=us-mn-regs-official--agency-167--7045.0482}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise. The requirements of subpart 3 do not apply to owners or operators of on-site facilities that do not receive any hazardous waste from off-site sources.
**Subp. 2. Annual report.**
The owner or operator shall prepare and submit a single copy of an annual report to the commissioner no later than March 1 for the preceding calendar year. The report form and instructions to be used may be obtained from the commissioner. The annual report must cover facility activities during the previous calendar year and must include the following information:
A. the identification number, name, and address of the facility;
B. the year covered by the report;
C. for off-site facilities, the identification number of each hazardous waste generator for whom the facility treated, disposed of, or stored a hazardous waste during the year and for imported shipments, the report must give the name and address of the foreign generator;
D. a description and the quantity of each hazardous waste the facility treated, disposed of, or stored during the year. For off-site facilities, this information must be listed by identification number of the generator;
E. the method of treatment, storage, or disposal for each hazardous waste;
F. the most recent closure cost estimate under part 7045.0502 and, for disposal facilities, the most recent postclosure cost estimates under part 7045.0506;
G. for generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated;
H. for generators who treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years before 1984; and
I. the certification signed by the owner or operator of the facility or an authorized representative.
**Subp. 3. Unmanifested waste report.**
If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in part 7045.0381, subpart 2, and if the waste is not excluded from the manifest requirement, the owner or operator must prepare and submit an unmanifested waste report to the commissioner within 15 days after receiving the waste. The unmanifested waste report must contain the following information:
A. The identification number, name, and address of the facility.
B. The date the facility received the waste.
C. The transporter's name, vehicle license, address, and identification number, if available.
D. The generator's name, address, and identification number, if available.
E. A description and the quantity of each unmanifested hazardous waste the facility received.
F. The method of treatment, storage, or disposal for each hazardous waste.
G. A brief explanation of why the waste was unmanifested, if known.
H. The certification signed by the owner or operator of the facility or an authorized representative.
**Subp. 4. Additional reports.**
In addition to submitting the manifest discrepancy report described in part 7045.0476, subpart 3, and the annual reports and the unmanifested waste reports described in subparts 2 and 3, the owner or operator shall also report to the commissioner:
A. releases, fires, and explosions as specified in part 7045.0468;
B. facility closures as specified in part 7045.0488, subpart 4; and
C. as otherwise required by parts 7045.0484, 7045.0532 to 7045.0538; and the process vent, equipment leak, and tank, surface impoundment, and container standards in parts 7045.0540, 7045.0549, and 7045.0551.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 16 SR 2321; 17 SR 1279; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0484** Groundwater Protection {#sec-7045.0484 omnilex-key=us-mn-regs-official--agency-167--7045.0484}
**Subpart 1. Scope.**
This part applies as follows:
A. Except as provided in item B, the requirements of this part apply to owners or operators of facilities that treat, store, or dispose of hazardous waste. The owner or operator must comply with the requirements in subitems (1) to (3) for all wastes or waste constituents contained in solid or hazardous waste management units at the facility regardless of the time the waste was placed in such units:
B. The owner or operator is not subject to subparts 2 to 14 if the criteria in subitem (1), (2), or (3) are met:
C. The agency may impose any or all of the requirements of subparts 2 to 14 on the owner or operator of a facility that treats or stores hazardous waste in tanks or containers if it determines that the facility has the potential to adversely impact ground water quality. The agency shall specify in the facility permit which requirements of subparts 2 to 14 shall apply.
D. The requirements under subparts 2 to 14 apply during the active life of the regulated unit, including the closure period. After closure of the regulated unit, the applicability of the requirements in subparts 2 to 14 is as described in subitems (1) to (3):
**Subp. 2. Required programs.**
Required programs include the following:
A. Owners and operators subject to this rule shall conduct a monitoring and response program as follows:
B. All facilities must have a detection monitoring program, a compliance monitoring program, and a corrective action plan as part of the permit.
C. The agency shall specify in the facility permit the specific elements of the monitoring and response program and the circumstances under which each of the programs will be required.
D. The owner or operator shall submit a corrective action plan for the regulated unit with the permit application. The corrective action plan must demonstrate that corrective action is feasible. The plan must address the measures necessary to meet the requirements specified in subpart 14, items B to F to remove or treat in place the hazardous constituents which exceed their concentration limits, and to monitor or demonstrate the effectiveness of the corrective action program. The plan must also include estimates of the time which may be necessary to complete corrective action if implemented when a concentration limit is first exceeded at the compliance point and the cost for completing the corrective action.
**Subp. 3. Groundwater protection standard.**
The owner or operator shall comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents detected in the groundwater from a regulated unit do not exceed the concentration limits in the groundwater at and beyond the point of compliance during the compliance period. The agency shall establish the groundwater protection standard in the facility permit when hazardous constituents have been detected in the groundwater based on data provided by monitoring of the groundwater quality as specified in subparts 11 and 12.
**Subp. 4. Hazardous constituents.**
The agency shall specify in the facility permit the hazardous constituents to which the groundwater protection standard applies. Hazardous constituents are constituents identified in part 7045.0141, or constituents which are not listed in part 7045.0141, but which are contained in wastes that meet criteria established in part 7045.0131, subpart 6, for lethality and which may reasonably be expected to contribute to the lethality.
**Subp. 5. Hazardous constituent exemptions.**
The agency shall exclude a hazardous constituent from the list of hazardous constituents specified in the facility permit if it finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the agency shall consider the following:
A. potential adverse effects on ground water quality, considering:
B. potential adverse effects on hydraulically connected surface water quality, considering:
**Subp. 6. Concentration limits.**
The agency shall specify in the facility permit the concentration limits in the groundwater for hazardous constituents which are reasonably expected to be in or derived from waste contained in a regulated unit or which are detected as a result of groundwater monitoring at the unit. The concentration of a hazardous constituent:
A. must not exceed the background level of that constituent in the groundwater at the time that limit is specified in the permit;
B. for any of the constituents listed as health risk levels in parts 4717.7100 to 4717.7800 or as maximum concentration limits in Code of Federal Regulations, title 40, part 141, must not exceed the lower of the respective values given in those parts if the background level of the constituent is below the lower of the values given in those parts; or
C. must not exceed an alternate limit established by the agency under subpart 8.
**Subp. 7.**
[Repealed, 22 SR 5]
**Subp. 8. Alternate concentration limits.**
The agency shall establish in the permit an alternate concentration limit for a hazardous constituent if it finds that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the agency shall consider the following factors:
A. potentially adverse effects on ground water quality, considering:
B. potential adverse effects on hydraulically connected surface water quality, considering:
**Subp. 9. Point of compliance.**
The agency shall specify in the facility permit the point of compliance at which the ground water protection standard applies and at which monitoring must be conducted. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends to the bottom of potentially affected ground water underlying the regulated units.
The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit. The waste management area includes horizontal space taken up by any liner, dike, or other barrier designed to contain waste in a regulated unit.
If the facility contains more than one regulated unit, the agency shall establish compliance points for each unit. The agency may establish a single compliance point for more than one unit if the owner or operator demonstrates that ground water contamination can be detected from all units in a timely manner.
**Subp. 10. Compliance period.**
The agency shall specify in the facility permit the compliance period during which the ground water protection standard applies. The compliance period is the number of years equal to the active life of the waste management area, including any waste management activity prior to permitting, and the closure period. The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the requirements of subpart 13. If the owner or operator is engaged in a corrective action program at the end of the compliance period, the compliance period is extended until the owner or operator demonstrates that the ground water protection standard has not been exceeded for a period of five consecutive years.
**Subp. 11. General groundwater monitoring requirements.**
The owner or operator shall comply with the requirements of items A to J for any groundwater monitoring program developed to satisfy subpart 12, 13, or 14:
A. The groundwater monitoring system must consist of a sufficient number of wells, installed at appropriate locations and depths to yield groundwater samples from groundwater that:
B. If a facility contains more than one regulated unit, the agency shall require a separate ground water monitoring system for each unit. The agency may require a single ground water monitoring system for more than one unit if the owner or operator of a multiunit facility demonstrates that a single ground water monitoring system enables timely detection and measurement at the compliance point of hazardous constituents from the regulated units.
C. Monitoring wells must be constructed and installed in accordance with chapter 4725 and cased in a manner that maintains the integrity of the monitoring well bore hole. The hole must be screened and packed with gravel or sand, where necessary, to enable collection of ground water samples. Where necessary, wells must be properly developed to enable collection of representative ground water samples. The annular space, that is, the space between the bore hole and well casing, above the sampling depth must be sealed to prevent contamination of samples and the ground water. Materials used in well construction must be compatible with the intended use of the well.
D. The ground water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of ground water quality below the waste management area. The program must include procedures and techniques for: sample collection, sample preservation and shipment, analytical procedures, and chain of custody control.
E. The ground water monitoring program must include sampling and analytical methods that are appropriate for ground water sampling and that accurately measure hazardous constituents and monitoring parameters in ground water samples. "Monitoring parameter" means waste reaction products, nonhazardous waste constituents, and indicator parameters that provide a reliable indication of the presence of hazardous constituents in the ground water.
F. The ground water monitoring program must include a determination of the potentiometric surface and ground water flow directions at least quarterly and immediately prior to each time ground water is sampled. At least annually, the owner or operator shall determine the flow rates of the ground water being monitored. The agency must be notified of the results and if significant change has been detected, the appropriate changes must be made in the facility permit.
G. In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent specified in the permit shall be collected from background wells and wells at the compliance points. The number and kinds of samples collected to establish background shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that a contaminant release to groundwater from a facility will be detected. The owner or operator shall determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility permit which shall be specified in the facility permit upon approval by the agency. This sampling procedure shall be:
H. The owner or operator shall specify one of the following statistical methods to be used in evaluating groundwater monitoring data for each hazardous constituent which, upon approval by the commissioner, will be specified in the facility permit. The statistical test chosen shall be conducted separately for each hazardous constituent in each well. Where practical quantification limits are used in any of the following statistical procedures to comply with item I, subitem (5), the practical quantification limits must be proposed by the owner or operator and approved by the commissioner. Use of any of the following statistical methods must be protective of human health and the environment and must comply with the performance standards outlined in item I.
I. Any statistical method chosen under item H for specification in the facility permit shall comply with the following performance standards, as appropriate:
J. Groundwater monitoring data collected in accordance with item G, including actual levels of constituents, must be maintained in the facility operating record. The agency shall specify in the permit when the data must be submitted for review.
**Subp. 12. Detection monitoring program.**
An owner or operator required to establish a detection monitoring program under this part shall perform the following:
A. The owner or operator shall monitor for monitoring parameters and hazardous constituents established in the permit to indicate the presence of hazardous constituents in the ground water. The monitoring parameters and hazardous constituents in the facility permit shall be determined after considering the following factors:
B. The owner or operator shall install a ground water monitoring system at the compliance point. The ground water monitoring system must comply with subpart 11, items A, subitems (2) and (3); B; and C.
C. The owner or operator shall conduct a groundwater monitoring program for each chemical parameter and hazardous constituent specified in the permit under item A in accordance with subpart 11, item G. The owner or operator shall maintain a record of groundwater analytical data as measured and in a form necessary for the determination of statistical significance under subpart 11, item H.
D. The agency shall specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the permit under item A in accordance with subpart 11, item G. A sequence of at least four samples from each well, background, and compliance wells, must be collected at least semiannually during detection monitoring.
E. The owner or operator of waste piles, land treatment units that have detected a significant increase in hazardous constituents or monitoring parameters below the treatment zone, and double lined surface impoundments and landfills where liquids have been detected in the leak detection system, shall comply with subitems (1) and (2):
F. The owner or operator must determine whether there is statistically significant evidence of contamination for any chemical parameter or hazardous constituent specified in the permit under item A at a frequency specified under item D.
G. If the owner or operator determines under item F that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified under item A at any monitoring well at the compliance point, the owner or operator must:
H. If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of this subpart, the owner or operator must, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.
**Subp. 13. Compliance monitoring program.**
An owner or operator required to establish a compliance monitoring program under this part shall perform the following:
A. The owner or operator shall monitor the ground water to determine whether regulated units are in compliance with the ground water protection standard. The agency shall specify the ground water protection standard in the facility permit including:
B. The owner or operator shall install a ground water monitoring system at the compliance point. The ground water monitoring system must comply with subpart 11, items A, subitems (2) and (3); B; and C.
C. The agency shall specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with subpart 11, items G and H as described in subitems (1) and (2).
D. The owner or operator must determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the permit, under item A, at a frequency specified under item F.
E. The owner or operator shall analyze samples from all monitoring wells at the compliance point to determine whether hazardous constituents identified in the list in part 7045.0143 are present and, if they are present, determine the concentration of each. The analysis must be conducted at least annually to determine whether additional part 7045.0143 hazardous constituents are present in the monitoring wells. The owner or operator shall report the concentrations of all hazardous constituents to the commissioner within seven days after completion of the analysis. The agency shall require a permit modification to include additional hazardous constituents, which have been detected in the groundwater, in all subsequent quarterly groundwater monitoring under item D.
F. The agency shall specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with subpart 11, item G. A sequence of at least four samples from each background and compliance well must be collected at least semiannually during the compliance period of the facility.
G. The owner or operator must analyze samples from all monitoring wells at the compliance point for all constituents contained in part 7045.0143 at least annually to determine whether additional hazardous constituents are present in the uppermost aquifer and, if so, at what concentration, according to procedures in subpart 12, item F. If the owner or operator finds part 7045.0143 constituents in the groundwater that are not already identified in the permit as monitoring constituents, the owner or operator may resample within one month and repeat the part 7045.0143 analysis. If the second analysis confirms the presence of new constituents, the owner or operator must report the concentration of these additional constituents to the commissioner within seven days after the completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then the owner or operator shall report the concentrations of these additional constituents to the commissioner within seven days after completion of the initial analysis and add them to the monitoring list.
H. If the owner or operator determines that the ground water protection standard is being exceeded at any monitoring well at the point of compliance, he or she shall comply with the requirements of subitems (1) to (3):
I. If the owner or operator determines, under item G or H, that the groundwater protection standard is being exceeded at any monitoring well at the point of compliance, the owner or operator may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, statistical evaluation, or natural variation in the groundwater. Until the owner or operator makes a demonstration, the owner or operator is not relieved of the requirement to submit a permit modification application if necessary to comply with item H within the time specified in item H, subitem (2) or of the requirement to institute corrective actions as established in item H, subitem (2). In making a demonstration, the owner or operator shall:
J. If the owner, operator, or commissioner determines that the compliance monitoring program no longer satisfies the requirements of items A to I the owner or operator shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.
K. The owner or operator shall ensure that monitoring and corrective action measures necessary to achieve compliance with the ground water protection standard are taken during the term of the permit.
**Subp. 14. Corrective action program.**
An owner or operator required to establish a corrective action program shall perform the following:
A. The owner or operator shall take corrective action to ensure that regulated units are in compliance with the ground water protection standard. The agency shall specify the ground water protection standard in the facility permit, including:
B. The owner or operator shall implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place. The permit must indicate the specific measures that will be taken.
C. The owner or operator shall begin corrective action within one week after the ground water protection standard is exceeded, unless a different period is established in the permit.
D. In conjunction with a corrective action program, the owner or operator shall establish and implement a ground water monitoring program to demonstrate the effectiveness of the corrective action program. The monitoring program may be based on the requirements for a compliance monitoring program and must be as effective as that program in determining compliance with the ground water protection standard, and in determining the success of a corrective action program under item E where appropriate. This monitoring program must also be capable of demonstrating compliance with the concentration limits in the permit in the ground water at the downgradient portion of the facility property line.
E. In addition to the other requirements the owner or operator shall conduct a corrective action program to remove or treat in place hazardous constituents established under subpart 4 that exceed concentration limits in groundwater established under subparts 6, 7, and 8:
F. The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the ground water protection standard is not exceeded at a monitoring well. If the owner or operator is conducting corrective action at the end of the compliance period, he or she shall continue that corrective action for as long as necessary to achieve compliance with the ground water protection standard at all monitoring wells. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area, including the closure period, if he or she can demonstrate, based on data from the ground water monitoring program under item D that the ground water protection standard has not been exceeded for a period of five consecutive years at any monitoring well.
G. The owner or operator shall report semiannually in writing to the commissioner on the effectiveness of the corrective action program.
H. If the owner, operator, or commissioner determines that the corrective action program no longer satisfies the requirements of items A to G, the owner or operator shall, within 90 days, submit an application for a permit modification to make appropriate changes to the program.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 13 SR 577; 13 SR 2761; 15 SR 1515; 15 SR 1878; 22 SR 5; 33 SR 2042*
##### **Minn. R. 7045.0485** Corrective Action for Solid and Hazardous Waste Management Units {#sec-7045.0485 omnilex-key=us-mn-regs-official--agency-167--7045.0485}
**Subpart 1. Applicability.**
The owner or operator of a facility seeking a permit for the treatment, storage, or disposal of hazardous waste must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any hazardous or solid waste management unit at the facility, regardless of the time at which waste was placed in the unit.
**Subp. 2. Conditions.**
Corrective action as required under subpart 1 and parts 7045.0545 and 7045.0546 must be specified in the permit. The permit must contain schedules of compliance for corrective action and assurances of financial responsibility for completing corrective action. Assurance of financial responsibility must be provided in addition to the applicable requirements of parts 7045.0498 to 7045.0524.
**Subp. 3. Corrective actions beyond the facility boundary.**
The owner or operator must implement corrective actions beyond the facility property boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the commissioner that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the actions. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address the releases will be determined on a case-by-case basis. Assurances of financial responsibility for the corrective action must be provided.
**Subp. 4. Exception.**
Subparts 1 to 3 do not apply to remediation waste management sites unless they are part of a facility subject to a permit for treating, storing, or disposing of hazardous wastes that are not remediation wastes.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 11 SR 1832; 13 SR 2761; 20 SR 714; 29 SR 947*
##### **Minn. R. 7045.0486** Closure {#sec-7045.0486 omnilex-key=us-mn-regs-official--agency-167--7045.0486}
**Subpart 1. Scope.**
Except as part 7045.0450 provides otherwise, the provisions of subparts 2 to 6 and part 7045.0488 apply to the owner or operator of a hazardous waste facility.
**Subp. 2. Closure performance standard.**
The owner or operator shall close the facility in a manner minimizing the need for further maintenance. Closure procedures must result in controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere, in accordance with the closure requirements, including the requirements of parts 7045.0526, subpart 9; 7045.0528, subpart 9; 7045.0532, subpart 7; 7045.0534, subpart 7; 7045.0536, subpart 8; 7045.0538, subpart 7; 7045.0539, subparts 2 to 4; and 7045.0542, subpart 8; and Code of Federal Regulations, title 40, section 264.1102, as incorporated in part 7045.0550.
**Subp. 3. Submittal and contents of closure plan.**
The owner or operator of a hazardous waste facility shall submit a closure plan with the permit application, and the closure plan must be approved by the agency as part of the permit issuance procedure. The approved closure plan shall become a condition of any permit. The agency's approval must ensure that the approved closure plan is consistent with subparts 2, 4, and 5; parts 7045.0484, groundwater protection, and 7045.0488, closure activities; and the applicable closure requirements of parts 7045.0526, subpart 9; 7045.0528, subpart 9; 7045.0532, subpart 7; 7045.0534, subpart 7; 7045.0536, subpart 8; 7045.0538, subpart 7; 7045.0539, subpart 2; 7045.0542, subpart 8; and Code of Federal Regulations, title 40, section 264.1102, as incorporated in part 7045.0550.
A copy of the approved closure plan and all revisions to the plan must be furnished to the commissioner upon request, including request by mail, until final closure is completed and certified. The plan must identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of its intended operating life. The closure plan must at least include all of the following:
A. A description of how each hazardous waste management unit will be closed, and how the facility will be finally closed. The description must identify the maximum extent of the operation which will be unclosed during the active life of the facility and how the requirements of subparts 2, 4, and 5, and part 7045.0488, and the applicable closure requirements of parts 7045.0526, subpart 9; 7045.0532, subpart 7; 7045.0534, subpart 7; 7045.0536, subpart 8; 7045.0538, subpart 7; 7045.0539, subpart 2; and 7045.0542, subpart 8, will be met.
B. An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type of off-site hazardous waste management units to be used, if applicable.
C. A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, facility equipment, structures, and soils during partial and final closure, including, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard.
D. A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, ground water monitoring, leachate collection, and run-on and runoff control.
E. A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule must include the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure.
F. An estimate of the expected year of closure for facilities that use trust funds to establish financial assurance under part 7045.0504 or 7045.0508 and that are expected to close before the expiration of the permit.
**Subp. 4. Amendment of plan.**
The owner or operator must submit a written request to the commissioner for a permit modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with the agency's permitting procedures in chapter 7001. The written request must include a copy of the closure plan amendments for approval. The owner or operator may request a permit modification to amend the closure plan at any time before notification of partial or final closure of the facility. The owner or operator shall request a permit modification to amend the plan whenever:
A. changes in operating plans or facility design affect the closure plan; or
B. there is a change in the expected year of closure for those facilities that use trust funds to establish financial assurance as provided in subpart 3; or
C. in conducting partial or final closure activities, unexpected events require a modification of the approved closure plan. The commissioner may request modifications to the plan under the conditions described in items A to C. The owner or operator must submit the modified plan within 60 days of the commissioner's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the commissioner will be approved in accordance with the agency's permitting procedures in chapter 7001. The owner or operator must submit a written request for a permit modification including a copy of the amended closure plan for approval at least 60 days before the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator must request a permit modification no later than 30 days after the unexpected event.
**Subp. 5. Notification of partial and final closure.**
A. The owner or operator shall notify the commissioner in writing at least:
B. The date on which the owner or operator "expects to begin closure" is defined as follows:
**Subp. 6. Removal of wastes and decontamination or dismantling of equipment.**
Nothing in this part precludes the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved closure plan at any time before or after notification of partial or final closure.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 2761; 16 SR 1225; 33 SR 2042*
##### **Minn. R. 7045.0488** Closure Activities {#sec-7045.0488 omnilex-key=us-mn-regs-official--agency-167--7045.0488}
**Subpart 1. Time allowance to begin closure activities.**
Within 90 days after receiving the final volume of hazardous waste, or the final volume of nonhazardous waste if the owner or operator complies with all applicable requirements of subpart 2a, at a hazardous waste management unit or facility, the owner or operator shall treat, remove from the unit or facility, or dispose of on-site all hazardous waste in accordance with the approved closure plan. The commissioner may approve a longer period if the owner or operator demonstrates at least 30 days before expiration of the 90 day period, that the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all permit requirements and:
A. the activities required to comply with the approved closure plan will, of necessity, take longer than 90 days to complete; or
B. the hazardous waste management unit or facility has the capacity to receive additional hazardous waste, or has the capacity to receive nonhazardous waste if the owner or operator complies with subpart 2a, there is a reasonable likelihood that the owner or operator or another person will recommence operation of the unit or facility within one year, and closure of the unit or facility would be incompatible with continued operation of the site; and
C. the owner or operator complies with all applicable requirements for requesting a modification to the permit. If the owner or operator of a facility required to maintain financial assurance for closure, postclosure care, or corrective action fails to make a required payment or to substitute alternative financial assurance when required to do so, the commissioner shall order the owner or operator to begin closure activities.
**Subp. 2. Time extension for closure activities.**
The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous waste, or the final volume of nonhazardous waste if the owner or operator complies with all applicable requirements in subpart 2a, at the hazardous waste management unit or facility. The commissioner may approve a longer closure period if the owner or operator demonstrates at least 30 days before expiration of the 180 day period that the owner or operator has taken, unless the owner or operator is otherwise subject to the deadlines of subpart 2a, and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable permit requirements and:
A. the partial or final closure activities will, of necessity, take longer than 180 days to complete; or
B. the hazardous waste management unit or facility has capacity to receive additional hazardous waste, or has the capacity to receive nonhazardous waste if the owner or operator complies with subpart 2a, there is a reasonable likelihood the owner or operator or another person will recommence operation of the unit or facility within one year, and closure of the unit or facility would be incompatible with continued operation of the site; and
C. the owner or operator complies with all applicable requirements for requesting a modification to the permit. If operation of the site is recommended, the commissioner may defer completion of closure activities until the new operation is terminated.
**Subp. 2a. Conditions for receiving nonhazardous waste.**
The commissioner shall allow an owner or operator to receive only nonhazardous waste in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous waste at that unit if:
A. the owner or operator requests a permit modification in compliance with all applicable requirements of chapter 7001 and in the permit modification request demonstrates that:
B. the request to modify the permit includes an amended waste analysis plan required under part 7045.0458, groundwater monitoring and response program required under part 7045.0484, human exposure assessment required under parts 7001.0590 and 7001.0620, closure and postclosure plans required under parts 7045.0486 and 7045.0490, and updated cost estimates and demonstration of financial assurance for closure and postclosure care as necessary and appropriate required under parts 7045.0502 to 7045.0508, to reflect any changes due to the presence of hazardous constituents in the nonhazardous wastes, and changes in closure activities required under part 7045.0488, including the expected year of closure if applicable under part 7045.0486, subpart 4, as a result of the receipt of nonhazardous wastes following the final receipt of hazardous wastes;
C. the request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the permit to account for the receipt of nonhazardous wastes following receipt of the final volume of hazardous wastes; and
D. the request to modify the permit and the demonstrations referred to in items A and B are submitted to the commissioner no later than 120 days before the date on which the owner or operator of the facility receives the known final volume of hazardous wastes at the unit. If the owner or operator of a surface impoundment is not in compliance with the liner and leachate collection system minimum technology requirements of part 7045.0532, subpart 3, the owner or operator may not delay closure in order to accept nonhazardous wastes.
**Subp. 3. Disposal or decontamination of equipment, structures, and soils.**
During the partial and final closure periods, all contaminated facility equipment, structures, and soils must be properly disposed of or decontaminated unless otherwise specified in part 7045.0528, subpart 9; 7045.0532, subpart 7; 7045.0534, subpart 7; 7045.0536, subpart 8; or 7045.0538, subpart 7, or under the authority of part 7045.0539, subparts 2 and 4. By removing any hazardous waste or hazardous waste constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and must handle that waste according to all applicable requirements of parts 7045.0205 to 7045.0325.
**Subp. 4. Certification of closure.**
Within 60 days after each hazardous waste management unit is closed, and within 60 days after final closure is completed, the owner or operator shall submit to the commissioner, by registered mail, certification by the owner or operator and by an independent registered professional engineer that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan.
Documentation supporting the independent registered professional engineer's certification must be furnished to the commissioner upon request until the commissioner releases the owner or operator from the financial assurance requirements for closure under part 7045.0504, subpart 10.
**History**
- *Statutory Authority: MS s 14.07; 116.07; 116.37*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 2761; 15 SR 1515; 16 SR 1225; 16 SR 2102; 18 SR 1565; 29 SR 947; 31 SR 1277*
##### **Minn. R. 7045.0490** Postclosure {#sec-7045.0490 omnilex-key=us-mn-regs-official--agency-167--7045.0490}
**Subpart 1. Scope.**
Except as otherwise provided in part 7045.0450, the provisions of subparts 2, 3, and parts 7045.0492 to 7045.0496 apply to:
A. the owner or operator of a hazardous waste disposal facility;
B. the owner or operator of a waste pile or surface impoundment that is required by part 7045.0532, subpart 7, or 7045.0534, subpart 7, to have a postclosure plan;
C. the owner or operator of tank systems that are required under part 7045.0528, subpart 9, to meet the requirements for landfills; and
D. the owner or operator of containment buildings that are required under Code of Federal Regulations, title 40, section 264.1102, as incorporated in part 7045.0550, to meet the requirement for landfills.
**Subp. 2. Submittal of postclosure plan.**
The owner or operator of a facility shall submit a postclosure plan with the permit application, and the plan must be approved by the agency as part of the permit issuance procedure. The approved postclosure plan will become a condition of any permit issued.
Owners or operators of surface impoundments and waste piles which are not otherwise required by part 7045.0532, subpart 7 or 7045.0534, subpart 7 to prepare a postclosure plan, must submit a postclosure plan to the commissioner within 90 days after the owner or operator or the commissioner determines that the unit must be closed as a landfill and is subject to the postclosure care requirements of parts 7045.0490 to 7045.0496.
**Subp. 3. Postclosure plan; amendment of plan.**
A copy of the approved plan and all revisions to the plan must be furnished to the commissioner upon request, including request by mail until final closure of the facility. After final closure has been certified, the person or office in item C must keep the approved postclosure plan during the remainder of the postclosure period. For each hazardous waste management unit subject to postclosure care requirements the plan must identify the activities which will be carried on after closure and the frequency of these activities, and it must include at least:
A. a description of the planned monitoring activities and frequencies at which they will be performed to comply with parts 7045.0484 and 7045.0532 to 7045.0539 during the postclosure care period;
B. a description of the planned maintenance activities and frequencies at which they will be performed to ensure the integrity of the cap and final cover or other containment systems according to parts 7045.0532 to 7045.0539, and the function of the facility monitoring equipment according to parts 7045.0484 and 7045.0532 to 7045.0539; and
C. the name, address, and telephone number of the person or office to contact about the disposal facility during the postclosure period. This person or office must keep an updated postclosure plan during the postclosure period. The owner or operator may submit a written request for a permit modification to amend the postclosure plan at any time during the active life of the disposal facility or during the postclosure period in accordance with the agency's permitting procedures in chapter 7001. The owner or operator shall request a permit modification to amend the plan whenever changes in operating plans, or facility design, or events which occur during the active life of the facility including partial and final closures, or during the postclosure period affect the postclosure plan. He or she shall also amend the plan whenever there is a change in the expected year of final closure, if applicable. In addition, the commissioner may request modifications to the postclosure plan under these conditions. When a permit modification is requested during the active life of the facility to authorize a change in operating plans or facility design, modification of the postclosure plan must be requested at the same time. The owner or operator must submit a written request for a permit modification at least 60 days before the proposed changes in operating plans or facility design, or no later than 60 days after the unexpected events which affect the postclosure plan occur. If the commissioner requests modification of the postclosure plan, the owner or operator must submit the modified plan no later than 60 days after the commissioner's request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent postclosure plan. Any modifications requested by the commissioner will be approved, disapproved, or modified in accordance with the agency's permitting procedures in chapter 7001.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 259; 13 SR 2761; 33 SR 2042*
##### **Minn. R. 7045.0492** Postclosure Care and Use of Property {#sec-7045.0492 omnilex-key=us-mn-regs-official--agency-167--7045.0492}
**Subpart 1. Postclosure care requirements.**
Postclosure care requirements are as follows:
A. Postclosure care of each hazardous waste management unit subject to parts 7045.0490 to 7045.0496 must continue for 30 years after the date of completing closure of the unit and must consist of at least monitoring and reporting according to parts 7045.0484 and 7045.0532 to 7045.0539, and the maintenance of monitoring and waste containment systems, according to parts 7045.0484 and 7045.0532 to 7045.0539.
B. Any time preceding closure of a hazardous waste management unit subject to the postclosure care requirements or final closure, or at any time during the postclosure period for a particular unit, the commissioner may reduce the postclosure care period in accordance with the agency's permit modification procedures in chapter 7001 for the hazardous waste management unit or facility, if all disposal units have been closed if it is found that the reduced period is sufficient to protect human health and the environment. This determination must be based on leachate or groundwater monitoring results, waste characteristics, application of advanced technology, or alternative disposal, treatment, or reuse techniques indicating the hazardous waste management unit or facility is secure.
C. Before the time that the postclosure care period is due to expire, the commissioner may extend the postclosure care period in accordance with the agency's permit modification procedures in chapter 7001 for the hazardous waste management unit or facility if it is found that the extended period is necessary to protect human health and the environment. This determination must be based on factors such as leachate or groundwater monitoring results that indicate a potential for migration of hazardous waste at levels which may be harmful to human health and the environment.
D. All postclosure care activities must be in accordance with the approved postclosure plan.
**Subp. 2. Continuation of security requirements.**
The commissioner may require, at partial and final closure, continuation of any of the security requirements during part of or all of the postclosure period after the date of completing closure when hazardous wastes may remain exposed after completion of partial or final closure or when access by the public or domestic livestock may pose a hazard to human health.
**Subp. 3. Postclosure use of property.**
Postclosure use of property on or in which hazardous wastes remain after partial or final closure shall never be allowed by the owner or operator to disturb the integrity of the final cover, liners, or any other components of any containment system or the function of the facility's monitoring systems, unless the owner or operator can demonstrate to the commissioner either in the postclosure plan or by petition that the disturbance:
A. is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or
B. is necessary to reduce a threat to human health or the environment.
**Subp. 4. Certification of completion of postclosure care.**
Within 60 days after completion of the established postclosure care period for each hazardous waste disposal unit, the owner or operator shall submit to the commissioner, by registered mail, certification by the owner or operator and by an independent registered professional engineer that the postclosure care period for the hazardous waste disposal unit was performed in accordance with the approved postclosure plan. Documentation supporting the independent registered professional engineer's certification must be furnished to the commissioner upon request until the commissioner releases the owner or operator from the financial assurance requirements for postclosure care under part 7045.0508, subpart 10.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 2761*
##### **Minn. R. 7045.0494** Notice to Local Land Authority {#sec-7045.0494 omnilex-key=us-mn-regs-official--agency-167--7045.0494}
**Subpart 1. Submission of survey plat.**
No later than submission of the certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority or the authority with jurisdiction over local land use and to the commissioner a survey plat indicating the location and dimensions of landfill cells or other disposal areas with respect to permanently surveyed bench marks. This plat must be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority or authority with jurisdiction over local land use must contain a prominently displayed note which states the owner's or operator's obligation to restrict disturbance of the site as specified.
**Subp. 2. Postclosure notices.**
Within 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority or the authority with jurisdiction over local land use and to the commissioner a record of the type, location, and quantity of hazardous waste disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator shall comply with all requirements of Code of Federal Regulations, title 40, section 264.119, as amended. The owner or operator shall identify the type, location, and quantity of the waste to the best of his or her knowledge and in accordance with any records he or she has kept. A change in the type, location, or quantity of hazardous waste disposed of within each cell or area of the facility that occurs after the survey plat and record of waste have been filed must be reported to the local zoning authority or the authority with jurisdiction over local land use and to the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 577; 20 SR 715*
##### **Minn. R. 7045.0496** Notice in Deed to Property {#sec-7045.0496 omnilex-key=us-mn-regs-official--agency-167--7045.0496}
**Subpart 1. Deed notation.**
Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit the owner or operator shall:
A. record, in accordance with state law, a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:
B. submit a certification signed by the owner or operator that he or she has recorded the notation specified in this subpart, including a copy of the document in which the notation has been placed, to the commissioner.
**Subp. 2. Changes to deed.**
If at any time the owner or operator or a subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove the hazardous wastes and hazardous waste residues, the liner, if any, or contaminated underlying and surrounding soil, he or she must request a permit modification to amend the postclosure plan in accordance with the agency's permitting procedures in chapter 7001. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the criteria of part 7045.0492, subpart 3. If the owner or operator is granted approval to conduct removal activities, he or she may request that the commissioner approve either:
A. removal of the notation on the deed to the facility property or other instrument normally examined during title search; or
B. addition of a notation to the deed or instrument indicating the removal of the hazardous waste. By removing hazardous waste and hazardous waste residue, the liner, if any, and the contaminated soil, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this chapter.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15*
##### **Minn. R. 7045.0498** Financial Requirements {#sec-7045.0498 omnilex-key=us-mn-regs-official--agency-167--7045.0498}
**Subpart 1. Scope.**
Parts 7045.0502, 7045.0504, and 7045.0518 to 7045.0524 apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this part or in part 7045.0450, subpart 3.
Parts 7045.0506 and 7045.0508 apply only to owners and operators of:
A. disposal facilities;
B. waste piles, and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that he or she is required to develop a contingent closure and postclosure care plan in parts 7045.0532, subpart 7; and 7045.0534, subpart 7;
C. tank systems that are required under part 7045.0528, subpart 9, to meet the requirements for landfills; and
D. containment buildings that are required under Code of Federal Regulations, title 40, section 264.1102, as incorporated in part 7045.0550, to meet the requirements for landfills. Parts 7045.0512 to 7045.0516 apply only to owners and operators of facilities that treat, store, or dispose of hazardous waste in surface impoundments, waste piles, land treatment units, landfills, or containment buildings that are required under Code of Federal Regulations, title 40, section 264.1102, as incorporated in part 7045.0550, to meet the requirements of landfills. The state and the federal government are exempt from the requirements of parts 7045.0498 to 7045.0524.
**Subp. 2. Definitions.**
The following definitions apply:
A. When used in parts 7045.0498 to 7045.0524, the following terms have the meanings given.
B. The following terms are used in the specifications for the financial tests for corrective action, closure, postclosure care, and liability coverage. The following definitions are intended to assist in the understanding of parts 7045.0498 to 7045.0524 and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices:
C. In the liability insurance requirements the terms "bodily injury" and "property damage" have the meanings given these terms by applicable state law. However, these terms do not include liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The agency intends the meanings of other terms used in the liability insurance requirements to be consistent with their common meanings within the insurance industry. The following definitions of several of the terms are intended to assist in the understanding of parts 7045.0498 to 7045.0524 and are not intended to limit their meanings in a way that conflicts with general insurance industry usage:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; 13 SR 259; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0500** [Repealed by amendment, 9 SR 115] {#sec-7045.0500 omnilex-key=us-mn-regs-official--agency-167--7045.0500}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0502** Cost Estimate for Facility Closure {#sec-7045.0502 omnilex-key=us-mn-regs-official--agency-167--7045.0502}
**Subpart 1. Cost estimate requirements.**
The owner or operator shall have a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with parts 7045.0486 and 7045.0488 and applicable closure requirements in parts 7045.0526, subpart 9; 7045.0532, subpart 7; 7045.0534, subpart 7; 7045.0536, subpart 8; 7045.0538, subpart 7; 7045.0539, subparts 2 to 4; and 7045.0542, subpart 8; and Code of Federal Regulations, title 40, section 264.1102, as incorporated in part 7045.0550. The closure cost estimate must equal the cost of final closure at the point in the facility's active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan. The closure cost shall be estimated as follows:
A. The closure cost estimate must be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. The owner or operator may use costs for on-site disposal if the operator can demonstrate that on-site disposal capacity will exist at all times through the life of the facility.
B. The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous wastes, or nonhazardous wastes if applicable under part 7045.0488, subpart 2a, facility structures or equipment, land, or other assets associated with the facility at the time of partial or final closure.
C. The owner or operator may not incorporate a zero cost for hazardous wastes, or nonhazardous wastes if applicable under part 7045.0488, subpart 2a, that might have economic value.
**Subp. 2. Yearly update of cost estimate.**
During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within 60 days before each anniversary of the date on which the financial instruments used to comply with part 7045.0504 were established. Owners and operators using the financial test or corporate guarantee must adjust the closure cost estimate for inflation within 30 days after the close of the firm's fiscal year and before submission of updated information to the commissioner as specified in part 7045.0504, subpart 7, item E. The adjustment must be made as specified in items A and B using an inflation factor derived from the annual Implicit Price Deflator for Gross National Product as found in the Survey of Current Business issued by the United States Department of Commerce. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. Adjustments must be made as follows:
A. The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
B. Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
**Subp. 3. Cost estimate revisions.**
During the active life of the facility, the owner or operator shall revise the closure cost estimate within 30 days after the commissioner approves the request to modify the closure plan, if the change in the closure plan increases the cost of closure. The revised closure cost estimate must be adjusted for inflation as specified in subpart 2.
**Subp. 4. Record retention.**
The owner or operator shall supply the following to the commissioner upon request, including request by mail until final closure is completed: the latest closure cost estimate prepared in accordance with subparts 2 and 3 and, when this estimate has been adjusted in accordance with subpart 2, the latest adjusted closure cost estimate.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 2761; 16 SR 1225; 33 SR 2042*
##### **Minn. R. 7045.0504** Financial Assurance for Facility Closure {#sec-7045.0504 omnilex-key=us-mn-regs-official--agency-167--7045.0504}
**Subpart 1. In general.**
An owner or operator of a facility shall establish financial assurance for closure of the facility by choosing from the options specified in subparts 2 to 7.
**Subp. 2. Closure trust fund.**
The following apply to closure trust funds:
A. An owner or operator may satisfy the requirements of this part by establishing a closure trust fund that conforms to the requirements of items A to L, and by submitting to the commissioner an originally signed duplicate of the trust agreement. An owner or operator of a new facility shall submit the originally signed duplicate of the trust agreement to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
B. The wording of the trust agreement must be identical to the wording specified in part 7045.0524, subpart 1, item A, and must be accompanied by a formal certification of acknowledgment as shown in part 7045.0524, subpart 1, item B. Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current closure cost estimate covered by the agreement.
C. Payments into the trust fund must be made annually by the owner or operator over the term of the initial permit or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the closure trust fund must be made as described in subitems (1) and (2).
D. The owner or operator may accelerate payments into the trust fund or may deposit the full amount of the current closure cost estimate at the time the fund is established. However, he or she shall maintain the value of the fund at no less than the value that the fund would have if annual payments were made as specified in item C.
E. If the owner or operator establishes a closure trust fund after having used one or more alternate mechanisms specified in this part or in part 7045.0612, the first payment must be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to specifications of this subpart and part 7045.0612, subpart 2, as applicable.
F. After the pay-in period is completed, whenever the current closure cost estimate changes, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate and submit a receipt from the trustee for this payment to the commissioner, or obtain other financial assurance as specified in this part to cover the difference.
G. If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or operator may submit a written request to the commissioner for release of the amount in excess of the current closure cost estimate covered by the trust fund.
H. If an owner or operator substitutes other financial assurance as specified in this part for all or part of the trust fund, he or she may submit a written request to the commissioner for release of the amount in excess of the current closure cost estimate covered by the trust fund.
I. Within 60 days after receiving a request from the owner or operator for release of funds as specified in item G or H the commissioner shall instruct the trustee to release to the owner or operator such funds as the commissioner specifies in writing.
J. The trustee shall notify the owner or operator and the commissioner by certified mail within ten days following the expiration of the 30-day period after the anniversary of the establishment of the trust if no payment is received from the owner or operator during the period. Within 60 days after receipt by both the owner or operator and the commissioner of a notice of nonpayment of any payment required by this part, the owner or operator shall:
K. After beginning partial or final closure, an owner, operator, or other person authorized to perform closure may request reimbursement for partial or final closure expenditures by submitting itemized bills to the commissioner. The owner or operator may request reimbursement for partial closure expenditures only if sufficient funds remain in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for partial or final closure activities, the commissioner shall determine whether the partial or final closure expenditures are in accordance with the closure plan or otherwise justified, and if so, the commissioner shall instruct the trustee to make reimbursement in amounts as the commissioner specifies in writing. If the commissioner has reason to believe that the maximum cost of closure over the remaining operating life of the facility will be significantly greater than the value of the trust fund, the commissioner may withhold reimbursement of the amounts as deemed prudent until it is determined, in accordance with subpart 10, that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the commissioner withholds reimbursement, the commissioner shall provide the owner or operator with a detailed written statement of reasons.
L. The commissioner shall agree to termination of the trust if:
**Subp. 3. Surety bond guaranteeing payment into a closure trust fund.**
The following apply to surety bonds that guarantee payment into a closure trust fund:
A. An owner or operator may satisfy the requirements of this part by obtaining a surety bond that conforms to the requirements of items A to I, and by submitting the bond to the commissioner. An owner or operator of a new facility shall submit the bond to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The bond must be effective before this initial receipt of hazardous waste. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7045.0524, subpart 2.
C. The owner or operator who uses a surety bond to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the bond, all payments made under the bond will be deposited by the surety directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements specified in subpart 2, except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond; and until the standby trust fund is funded under this subpart, the requirements specified in subitems (1) to (4) are not required:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
F. The penal sum of the bond must be in an amount at least equal to the current closure cost estimate, except as provided in subpart 8.
G. Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the commissioner, or obtain other financial assurance as specified in this part to cover the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the commissioner.
H. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.
I. The owner or operator may cancel the bond if the commissioner has given prior written consent based on the commissioner's receipt of evidence of alternate financial assurance as specified in this part.
**Subp. 4. Surety bond guaranteeing performance of closure.**
The following apply to surety bonds that guarantee performance of closure:
A. An owner or operator may satisfy the requirements of this part by obtaining a surety bond that conforms to the requirements of items A to J, and by submitting the bond to the commissioner. An owner or operator of a new facility shall submit the bond to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The bond must be effective before this initial receipt of hazardous waste. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7045.0524, subpart 3.
C. The owner or operator who uses a surety bond to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the bond, all payments made under the bond will be deposited by the surety directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust must meet the requirements specified in subpart 2, except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond; and unless the standby trust fund is funded under this subpart the requirements specified in subitems (1) to (4) are not required:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety becomes liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the commissioner that the owner or operator has failed to perform final closure in accordance with the closure plan and other permit requirements when required to do so, under the terms of the bond the surety shall perform final closure in accordance with the closure plan and other permit requirements or will deposit the amount of the penal sum into the standby trust fund.
F. The penal sum of the bond must be in an amount at least equal to the current closure cost estimate.
G. Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the commissioner, or obtain other financial assurance as specified in this part. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the commissioner.
H. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.
I. The owner or operator may cancel the bond if the commissioner has given prior written consent. The commissioner shall provide such written consent if:
J. The surety will not be liable for deficiencies in the performance of closure by the owner or operator after the commissioner releases the owner or operator from the requirements of this part in accordance with subpart 10.
**Subp. 5. Closure letter of credit.**
The following apply to closure letters of credit:
A. An owner or operator may satisfy the requirements of this part by obtaining an irrevocable standby letter of credit which conforms to the requirements of items A to J, and by submitting the letter to the commissioner. An owner or operator of a new facility shall submit the letter of credit to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The letter of credit must be effective before this initial receipt of hazardous waste. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.
B. The wording of the letter of credit must be identical to the wording specified in part 7045.0524, subpart 4.
C. An owner or operator who uses a letter of credit to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the commissioner will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements of the trust fund specified in subpart 2 except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the letter of credit; and unless the standby trust fund is funded under this subpart, the requirements specified in subitems (1) to (4) are not required:
D. The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the identification number, name, and address of the facility, and the amount of funds assured for closure of the facility by the letter of credit.
E. The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the commissioner by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days will begin on the date when both the owner or operator and the commissioner have received the notice, as evidenced by the return receipts.
F. The letter of credit must be issued in an amount at least equal to the current closure cost estimate, except as provided in subpart 8.
G. Whenever the current closure cost estimate increases to an amount greater than the amount of the credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the credit to be increased so that it at least equals the current closure cost estimate and shall submit evidence of the increase to the commissioner or obtain other financial assurance as specified in this part to cover the increase. Whenever the current closure cost estimate decreases, the amount of the credit may be reduced to the amount of the current closure cost estimate following written approval by the commissioner.
H. Following a determination by the commissioner that the owner or operator has failed to perform final closure in accordance with the closure plan and other permit requirements when required to do so, the commissioner may draw on the letter of credit.
I. If the owner or operator does not establish alternate financial assurance as specified in this part and obtain written approval of alternate assurance from the commissioner within 90 days after receipt by both the owner or operator and the commissioner of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the commissioner shall draw on the letter of credit. The commissioner may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of any extension the commissioner shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this part and obtain written approval of the assurance from the commissioner.
J. The commissioner shall return the letter of credit to the issuing institution for termination if:
**Subp. 6. Closure insurance.**
The following apply to closure insurance:
A. An owner or operator may satisfy the requirements of this part by obtaining closure insurance which conforms to the requirements of items A to J, and submitting a certificate of insurance to the commissioner. An owner or operator of a new facility shall submit the certificate of insurance to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The insurance must be effective before this initial receipt of hazardous waste. The insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
B. The wording of the certificate of insurance must be identical to the wording specified in part 7045.0524, subpart 5.
C. The closure insurance policy must be issued for a face amount at least equal to the current closure cost estimate, except as provided in subpart 8. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer must not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.
D. The closure insurance policy must guarantee that funds will be available to close the facility whenever final closure occurs. The policy must also guarantee that once final closure begins, the insurer is responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the commissioner, to a party or parties as the commissioner specifies.
E. After beginning partial or final closure, an owner, operator, or other person authorized to perform closure may request reimbursement for closure expenditures by submitting itemized bills to the commissioner. The owner or operator may request reimbursements for partial closure only if the remaining value of the policy is sufficient to cover the maximum costs of closing the facility over its operating life. Within 60 days after receiving bills for closure activities, the commissioner shall determine whether the closure expenditures are in accordance with the closure plan or otherwise justified, and if so, the commissioner shall instruct the insurer to make reimbursement in amounts as the commissioner specifies in writing. If the commissioner has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the face amount of the policy, the commissioner may withhold reimbursement of amounts as deemed prudent until it is determined, in accordance with subpart 10, that the owner or operator is no longer required to maintain financial assurance for closure of the facility. If the commissioner withholds reimbursement, the commissioner shall provide the owner or operator with a detailed written statement of reasons.
F. The owner or operator shall maintain the policy in full force and effect until the commissioner consents to termination of the policy by the owner or operator as specified in item J.
G. A policy must contain a provision allowing assignment of the policy to a successor owner or operator. The assignment may be conditional upon consent of the insurer, provided the consent is not unreasonably refused.
H. The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the commissioner. Cancellation, termination, or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the commissioner and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will remain in full force and effect in the event that on or before the date of expiration one or more of the following occurs:
I. Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current closure cost estimate and submit evidence of the increase to the commissioner, or obtain other financial assurance as specified in this part to cover the increase. Whenever the current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost estimate following written approval by the commissioner.
J. The commissioner shall give written consent to the owner or operator to terminate the insurance policy if:
**Subp. 7. Financial test and corporate guarantee for closure.**
The financial test and corporate guarantee for closure is as follows:
A. An owner or operator may satisfy the requirements of this part by demonstrating that he or she passes a financial test as specified in items A to L. To pass this test the owner or operator shall meet the criteria of either item B or C.
B. The owner or operator shall have:
C. The owner or operator shall have:
D. The phrase "current closure and postclosure cost estimates" as used in items A to C refers to the cost estimates required to be shown in paragraphs 1 to 4 of the letter from the owner's or operator's chief financial officer as specified in part 7045.0524, subpart 6. The phrase "current plugging and abandonment cost estimate" as used in items A to C means the cost estimates required to be shown in paragraphs 1 to 4 of the letter from the owner's or operator's chief financial officer as specified in Code of Federal Regulations, title 40, section 144.70(f), as amended.
E. To demonstrate that he or she meets this test, the owner or operator shall submit the following items to the commissioner:
F. An owner or operator of a new facility shall submit the items specified in item E to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal.
G. After the initial submission of items specified in item E the owner or operator shall send updated information to the commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in item E.
H. If the owner or operator no longer meets the requirements of item A he or she shall send notice to the commissioner of intent to establish alternate financial assurance as specified in this part. The notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after the end of the fiscal year.
I. The commissioner may, based on a reasonable belief that the owner or operator may no longer meet the requirements of item A, require reports of financial condition at any time from the owner or operator in addition to those specified in item E. If the commissioner finds, on the basis of the reports or other information, that the owner or operator no longer meets the requirements of item A, the owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of the finding.
J. The commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in the report on examination of the owner's or operator's financial statements required by item E, subitem (2). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The commissioner shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of the disallowance.
K. The owner or operator is no longer required to submit the items specified in item E if:
L. An owner or operator may meet the requirements of this part by obtaining a written guarantee, hereafter referred to as "corporate guarantee." The guarantor must be the parent corporation of the owner or operator. The guarantor must meet the requirements for owners or operators in items A to J, and must comply with the terms of the corporate guarantee. The wording of the corporate guarantee must be identical to the wording specified in part 7045.0524, subpart 8. The certified copy of the corporate guarantee must accompany the items sent to the commissioner as specified in item E. The terms of the corporate guarantee must provide that:
**Subp. 8. Use of multiple financial mechanisms.**
An owner or operator may satisfy the requirements of this part by establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds guaranteeing payment into a trust fund, letters of credit, and insurance. The mechanisms must be as specified in subparts 2, 3, 5, and 6 respectively, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he or she may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The commissioner may use any or all of the mechanisms to provide for closure of the facility.
**Subp. 9. Use of financial mechanism for multiple facilities.**
An owner or operator may use a financial assurance mechanism specified in this part to meet the requirements of this part for more than one facility. Evidence of financial assurance submitted to the commissioner must include a list showing, for each facility, the identification number, name, address, and the amount of funds for closure assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for closure of any of the facilities covered by the mechanism, the commissioner may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
**Subp. 10. Release of owner or operator from requirements of this part.**
Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been accomplished in accordance with the closure plan, the commissioner shall notify the owner or operator in writing that he or she is no longer required by this part to maintain financial assurance for closure of the particular facility, unless the commissioner has reason to believe that closure has not been in accordance with the closure plan. The commissioner shall provide the owner or operator a detailed written statement of any reason to believe that closure has not been in accordance with the approved closure plan.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0506** Cost Estimate for Postclosure Care {#sec-7045.0506 omnilex-key=us-mn-regs-official--agency-167--7045.0506}
**Subpart 1. Cost estimate requirements.**
The owner or operator of a facility subject to postclosure monitoring or maintenance requirements shall have a written estimate, in current dollars, of the annual cost of postclosure monitoring and maintenance of the facility in accordance with the applicable postclosure requirements in parts 7045.0490 to 7045.0496; 7045.0532, subpart 7; 7045.0534, subpart 7; 7045.0536, subpart 8; 7045.0538, subpart 7; and 7045.0539, subpart 4. The postclosure cost estimate is calculated by multiplying the annual postclosure cost estimate by the number of years of postclosure care required under part 7045.0492. The postclosure cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct postclosure care activities. A third party is neither a parent nor a subsidiary of the owner or operator.
**Subp. 2. Yearly update of cost estimate.**
During the active life of the facility, the owner or operator shall adjust the postclosure cost estimate for inflation within 60 days before each anniversary of the date on which the financial instruments used to comply with part 7045.0508 were established. For owners or operators using the financial test or corporate guarantee, the postclosure cost estimate must be adjusted for inflation within 30 days after the close of the firm's fiscal year and before the submission of updated information to the commissioner as specified in part 7045.0506, subpart 7, item E. The adjustment must be made as specified in items A and B using an inflation factor derived from the annual Implicit Price Deflator for Gross National Product as found in the Survey of Current Business issued by the United States Department of Commerce. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. Adjustments are made as follows:
A. The first adjustment is made by multiplying the postclosure cost estimate by the inflation factor. The result is the adjusted postclosure cost estimate.
B. Subsequent adjustments are made by multiplying the latest adjusted postclosure cost estimate by the latest inflation factor.
**Subp. 3. Cost estimate revisions.**
The owner or operator shall revise the postclosure cost estimate within 30 days after the commissioner has approved the request to modify the postclosure plan, if the change in the postclosure plan increases the cost of postclosure care. The revised postclosure cost estimate must be adjusted for inflation as specified in subpart 2.
**Subp. 4. Record retention.**
The owner or operator shall furnish the following to the commissioner upon request, including request by mail: the latest postclosure cost estimate prepared in accordance with subparts 1 and 3 and, when this estimate has been adjusted in accordance with subpart 2, the latest adjusted postclosure cost estimate.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 2761*
##### **Minn. R. 7045.0508** Financial Assurance for Postclosure Care {#sec-7045.0508 omnilex-key=us-mn-regs-official--agency-167--7045.0508}
**Subpart 1. In general.**
The owner or operator of a hazardous waste management unit subject to postclosure monitoring or maintenance requirements shall establish financial assurance for postclosure care of the facility 60 days before the initial receipt of hazardous waste or the effective date of the regulation, whichever is later. The owner or operator shall choose from the options specified in subparts 2 to 7.
**Subp. 2. Postclosure trust fund.**
The following apply to postclosure trust funds:
A. An owner or operator may satisfy the requirements of this part by establishing a postclosure trust fund which conforms to the requirements of items A to M, and by submitting an originally signed duplicate of the trust agreement to the commissioner. An owner or operator of a new facility shall submit the originally signed duplicate of the trust agreement to the commissioner at least 60 days before the date on which hazardous waste is first received for disposal. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
B. The wording of the trust agreement must be identical to the wording specified in part 7045.0524, subpart 1, item A and the trust agreement must be accompanied by a formal certification of acknowledgment as shown in part 7045.0524, subpart 1, item B. Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current postclosure cost estimate covered by the agreement.
C. Payments into the trust fund must be made annually by the owner or operator over the term of the initial permit or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the postclosure trust fund must be made as described in subitems (1) and (2):
D. The owner or operator may accelerate payments into the trust fund or may deposit the full amount of the current postclosure cost estimate at the time the fund is established. However, he or she shall maintain the value of the fund at no less than the value that the fund would have if annual payments were made as specified in item C.
E. If the owner or operator establishes a postclosure trust fund after having used one or more alternate mechanisms specified in this part or in part 7045.0616, the first payment must be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to specifications of this subpart and part 7045.0616, subpart 2, as applicable.
F. After the pay-in period is completed, whenever the current postclosure cost estimate changes during the operating life of the facility, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate, or obtain other financial assurance as specified in this part to cover the difference.
G. During the operating life of the facility, if the value of the trust fund is greater than the total amount of the current postclosure cost estimate, the owner or operator may submit a written request to the commissioner for release of the amount in excess of the current postclosure cost estimate.
H. If an owner or operator substitutes other financial assurance as specified in this part for all or part of the trust fund, he or she may submit a written request to the commissioner for release of the amount in excess of the current postclosure cost estimate covered by the trust fund.
I. Within 60 days after receiving a request from the owner or operator for release of funds as specified in item G or H, the commissioner shall instruct the trustee to release to the owner or operator funds as the commissioner specifies in writing.
J. During the period of postclosure care, the commissioner may approve a release of funds if the owner or operator demonstrates to the commissioner that the value of the trust fund exceeds the remaining cost of postclosure care.
K. The trustee shall notify the owner or operator and the commissioner by certified mail within ten days following the expiration of the 30 day period after the anniversary of the establishment of the trust if no payment is received from the owner or operator during the period. Within 60 days after receipt by both the owner or operator and the commissioner of a notice of nonpayment of any payment required by this part, the owner or operator shall:
L. An owner or operator or any other person authorized to perform postclosure care may request reimbursement for postclosure expenditures by submitting itemized bills to the commissioner. Within 60 days after receiving bills for postclosure activities, the commissioner shall determine whether the postclosure activities are in accordance with the postclosure plan or otherwise justified, and if so, the commissioner shall instruct the trustee to make reimbursement in amounts as the commissioner specifies in writing. If the commissioner does not instruct the trustee to make reimbursement, the commissioner shall provide the owner or operator with a detailed written statement of reasons.
M. The commissioner shall agree to termination of the trust if:
**Subp. 3. Surety bond guaranteeing payment into postclosure trust fund.**
The following apply to surety bonds that guarantee payment into postclosure trust funds:
A. An owner or operator may satisfy the requirements of this part by obtaining a surety bond which conforms to the requirements of items A to I, and by submitting the bond to the commissioner. An owner or operator of a new facility shall submit the bond to the commissioner at least 60 days before the date on which hazardous waste is first received for disposal. The bond must be effective before this initial receipt of hazardous waste. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7045.0524, subpart 2.
C. The owner or operator who uses a surety bond to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder must be deposited by the surety directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements specified in subpart 2, except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond; and until the standby trust fund is funded under this subpart, the following requirements are not required:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety will become liable on the bond obligation if the owner or operator fails to perform as guaranteed by the bond.
F. The penal sum of the bond must be in an amount at least equal to the current postclosure cost estimate, except as provided in subpart 8.
G. Whenever the current postclosure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of the increase to the commissioner or obtain other financial assurance as specified in this part to cover the increase. Whenever the current postclosure cost estimate decreases, the penal sum may be reduced to the amount of the current postclosure cost estimate following written approval by the commissioner.
H. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.
I. The owner or operator may cancel the bond if the commissioner has given prior written consent based on receipt of evidence of alternate financial assurance as specified in this part.
**Subp. 4. Surety bond guaranteeing performance of postclosure care.**
The following apply to surety bonds that guarantee performance of postclosure care:
A. An owner or operator may satisfy the requirements of this part by obtaining a surety bond which conforms to the requirements of items A to K, and submitting the bond to the commissioner. An owner or operator of a new facility shall submit the bond to the commissioner at least 60 days before the date on which hazardous waste is first received for disposal. The bond must be effective before this initial receipt of hazardous waste. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7045.0524, subpart 3.
C. The owner or operator who uses a surety bond to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder must be deposited by the surety directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements specified in subpart 2 except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond; and unless the standby trust fund is funded under this subpart, the following requirements are not required:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the commissioner that the owner or operator has failed to perform postclosure care in accordance with the postclosure plan and other permit requirements, under the terms of the bond the surety will perform postclosure care in accordance with the postclosure plan and other permit requirements or will deposit the amount of the penal sum into the standby trust fund.
F. The penal sum of the bond must be in an amount at least equal to the current postclosure cost estimate.
G. Whenever the current postclosure cost estimate increases to an amount greater than the penal sum during the operating life of the facility, the owner or operator, within 60 days after the increase, must either cause the penal sum to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the commissioner, or obtain other financial assurance as specified in this part. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the penal sum may be reduced to the amount of the current postclosure cost estimate following written approval by the commissioner.
H. During the period of postclosure care, the commissioner may approve a decrease in the penal sum if the owner or operator demonstrates to the commissioner that the amount exceeds the remaining cost of postclosure care.
I. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.
J. The owner or operator may cancel the bond if the commissioner has given prior written consent. The agency shall provide written consent if:
K. The surety is not liable for deficiencies in the performance of postclosure care by the owner or operator after the agency releases the owner or operator from the requirements of this part in accordance with subpart 10.
**Subp. 5. Postclosure letter of credit.**
The following apply to postclosure letters of credit:
A. An owner or operator may satisfy the requirements of this part by obtaining an irrevocable standby letter of credit which conforms to the requirements of items A to K and by submitting the letter to the commissioner. An owner or operator of a new facility shall submit the letter of credit to the commissioner at least 60 days before the date on which hazardous waste is first received for disposal. The letter of credit must be effective before this initial receipt of hazardous waste. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.
B. The wording of the letter of credit must be identical to the wording specified in part 7045.0524, subpart 4.
C. An owner or operator who uses a letter of credit to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the commissioner will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements of the trust fund specified in subpart 2 except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the letter of credit; and unless the standby trust fund is funded under this subpart, the following requirements are not required:
D. The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the identification number, name, and address of the facility, and the amount of funds assured for postclosure care of the facility by the letter of credit.
E. The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the commissioner by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days will begin on the date when both the owner or operator and the commissioner have received the notice, as evidenced by the return receipts.
F. The letter of credit must be issued in an amount at least equal to the current postclosure cost estimate, except as provided in subpart 8.
G. Whenever the current postclosure cost estimate increases to an amount greater than the amount of the credit during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the amount of the credit to be increased so that it at least equals the current postclosure cost estimate and submit evidence of such increase to the commissioner or obtain other financial assurance as specified in this part to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the amount of the credit may be reduced to the amount of the current postclosure cost estimate following written approval by the commissioner.
H. During the period of postclosure care, the commissioner may approve a decrease in the amount of the letter of credit if the owner or operator demonstrates to the commissioner that the amount exceeds the remaining cost of postclosure care.
I. Following a determination by the commissioner that the owner or operator has failed to perform postclosure care in accordance with the postclosure plan and other permit requirements, the commissioner may draw on the letter of credit.
J. If the owner or operator does not establish alternate financial assurance as specified in this part and obtain written approval of alternate assurance from the commissioner within 90 days after receipt by both the owner or operator and the commissioner of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the commissioner shall draw on the letter of credit. The commissioner may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of an extension the commissioner shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this part and to obtain written approval of assurance from the commissioner.
K. The commissioner shall return the letter of credit to the issuing institution for termination if:
**Subp. 6. Postclosure insurance.**
The following apply to postclosure insurance:
A. An owner or operator may satisfy the requirements of this part by obtaining postclosure insurance which conforms to the requirements of items A to K, and by submitting a certificate of such insurance to the commissioner. An owner or operator of a new facility shall submit the certificate of insurance to the commissioner at least 60 days before the date on which hazardous waste is first received for disposal. The insurance must be effective before this initial receipt of hazardous waste. The insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
B. The wording of the certificate of insurance must be identical to the wording specified in part 7045.0524, subpart 5.
C. The postclosure insurance policy must be issued for a face amount at least equal to the current postclosure cost estimate, except as provided in subpart 8. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer do not change the face amount, although the insurer's future liability will be lowered by the amount of payments.
D. The postclosure insurance policy must guarantee that funds will be available to provide postclosure care of the facility whenever the postclosure period begins. The policy must also guarantee that once postclosure care begins, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the commissioner, to a party or parties as the commissioner specifies.
E. An owner or operator or any other person authorized to perform postclosure care may request reimbursement for postclosure expenditures by submitting itemized bills to the commissioner. Within 60 days after receiving bills for postclosure activities, the commissioner shall determine whether the postclosure expenditures are in accordance with the postclosure plan or otherwise justified, and if so, the commissioner shall instruct the insurer to make reimbursement in amounts as the commissioner specifies in writing. If the commissioner does not instruct the insurer to make reimbursement, the commissioner shall provide the owner or operator with a detailed written statement of reasons.
F. The owner or operator shall maintain the policy in full force and effect until the commissioner consents to termination of the policy by the owner or operator as specified in item K.
G. A policy must contain a provision allowing assignment of the policy to a successor owner or operator. The assignment may be conditional upon consent of the insurer, provided the consent is not unreasonably refused.
H. The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the commissioner. Cancellation, termination, or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the commissioner and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy remains in full force and effect in the event that on or before the date of expiration one or more of the following events occurs:
I. Whenever the current postclosure cost estimate increases to an amount greater than the face amount of the policy during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of the increase to the commissioner, or obtain other financial assurance as specified in this part to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the face amount may be reduced to the amount of the current postclosure cost estimate following written approval by the commissioner.
J. Commencing on the date that liability to make payments pursuant to the policy accrues, the insurer shall thereafter annually increase the face amount of the policy. The increase must be equivalent to the face amount of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of the equivalent coupon issue yield announced by the United States Treasury for 26 week treasury securities.
K. The commissioner shall give written consent to the owner or operator to terminate the insurance policy if:
**Subp. 7. Financial test and corporate guarantee for postclosure care.**
The financial test and corporate guarantee for postclosure care is as follows:
A. An owner or operator may satisfy the requirements of this part by demonstrating that he or she passes a financial test as specified in items A to M. To pass this test the owner or operator shall meet the criteria of either item B or C.
B. The owner or operator must have:
C. The owner or operator shall have:
D. The phrase "current closure and postclosure cost estimates" as used in items A to C refers to the cost estimates required to be shown in paragraphs 1 to 4 of the letter from the owner's or operator's chief financial officer as specified in part 7045.0524, subpart 6. The phrase "current plugging and abandonment cost estimates" as used in items A to C means the cost estimates required to be shown in paragraphs 1 to 4 of the letter from the owner's or operator's chief financial officer as specified in Code of Federal Regulations, title 40, section 144.70(f), as amended.
E. To demonstrate that he or she meets this test, the owner or operator shall submit the following items to the commissioner.
F. An owner or operator of a new facility shall submit the items specified in item E to the commissioner at least 60 days before the date on which hazardous waste is first received for disposal.
G. After the initial submission of items specified in item E, the owner or operator shall send updated information to the commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in item E.
H. If the owner or operator no longer meets the requirements of item A, he or she shall send notice to the commissioner of intent to establish alternate financial assurance as specified in this part. The notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after the end of such fiscal year.
I. The commissioner may, based on a reasonable belief that the owner or operator may no longer meet the requirements of item A, require reports of financial condition at any time from the owner or operator in addition to those specified in item E. If the commissioner finds, on the basis of the reports or other information, that the owner or operator no longer meets the requirements of item A, the owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of a finding.
J. The commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in the report on examination of the owner's or operator's financial statements required by item E, subitem (2). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The commissioner shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of the disallowance.
K. During the period of postclosure care, the commissioner may approve a decrease in the current postclosure cost estimate for which this test demonstrates financial assurance if the owner or operator demonstrates to the commissioner that the amount of the cost estimate exceeds the remaining cost of postclosure care.
L. The owner or operator is no longer required to submit the items specified in item E if:
M. An owner or operator may meet the requirements for this part by obtaining a written guarantee, hereafter referred to as "corporate guarantee." The guarantor must be the parent corporation of the owner or operator. The guarantor must meet the requirements for owners or operators in items A to K, and must comply with the terms of the corporate guarantee. The wording of the corporate guarantee must be identical to the wording specified in part 7045.0524, subpart 8. A certified copy of the corporate guarantee must accompany the items sent to the commissioner as specified in item E. The terms of the corporate guarantee must provide that:
**Subp. 8. Use of multiple financial mechanisms.**
An owner or operator may satisfy the requirements of this part by establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds guaranteeing payment into a trust fund, letters of credit, and insurance. The mechanisms must be as specified in subparts 2, 3, 5, and 6, respectively, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current postclosure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he or she may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The commissioner may use any or all of the mechanisms to provide for postclosure care of the facility.
**Subp. 9. Use of financial mechanism for multiple facilities.**
An owner or operator may use a financial assurance mechanism specified in this part to meet the requirements of this part for more than one facility. Evidence of financial assurance submitted to the commissioner must include a list showing, for each facility, the identification number, name, address, and the amount of funds for postclosure care assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for postclosure care of any of the facilities covered by the mechanism, the commissioner may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
**Subp. 10. Release of owner or operator from requirements of this part.**
Within 60 days after receiving certification from the owner or operator and an independent registered professional engineer that all postclosure care requirements have been completed for a hazardous waste disposal unit in accordance with the postclosure plan, the agency will, at the request of the owner or operator, notify the owner or operator in writing that the owner or operator is no longer required by this part to maintain financial assurance for postclosure care of that unit, unless the agency has reason to believe that postclosure care has not been in accordance with the approved postclosure plan. The agency shall provide the owner or operator with a detailed written statement of any reason to believe that postclosure care has not been in accordance with the approved postclosure plan.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 17 SR 1279; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0510** [Repealed by amendment, 9 SR 115] {#sec-7045.0510 omnilex-key=us-mn-regs-official--agency-167--7045.0510}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0512** Cost Estimate for Corrective Action {#sec-7045.0512 omnilex-key=us-mn-regs-official--agency-167--7045.0512}
**Subpart 1. Cost estimate requirements.**
The owner or operator shall have a written estimate, in current dollars, of the cost of performing corrective action in accordance with the requirements in part 7045.0484, subparts 2, item D; and 14. The corrective action cost estimate must equal the cost of implementing the corrective action plan when a concentration limit is first exceeded at the compliance point.
**Subp. 2. Yearly update of cost estimate.**
The owner or operator shall adjust the corrective action cost estimate for inflation within 30 days after each anniversary of the date on which the first corrective action cost estimate was prepared. The adjustment must be made as specified in items A and B using an inflation factor derived from the annual Implicit Price Deflator for Gross National Product as found in the Survey of Current Business issued by the United States Department of Commerce. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. Adjustments are made as follows:
A. The first adjustment is made by multiplying the corrective action cost estimate by the inflation factor. The result is the adjusted corrective action cost estimate.
B. Subsequent adjustments are made by multiplying the latest adjusted corrective action cost estimate by the latest inflation factor.
**Subp. 3. Cost estimate revisions.**
The owner or operator shall revise the corrective action cost estimate whenever a change in the corrective action plan increases the cost of corrective action. The revised corrective action cost estimate must be adjusted for inflation as specified in subpart 2.
**Subp. 4. Record retention.**
The owner or operator shall keep the following at the facility during the operating life and postclosure care period of the facility: the latest corrective action cost estimate prepared in accordance with subparts 1 and 3 and, when this estimate has been adjusted in accordance with subpart 2, the latest adjusted corrective action cost estimate.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115*
##### **Minn. R. 7045.0514** Financial Assurance for Corrective Action {#sec-7045.0514 omnilex-key=us-mn-regs-official--agency-167--7045.0514}
**Subpart 1. In general.**
An owner or operator of a facility shall establish financial assurance for corrective action for the facility by choosing an option in subparts 2 to 7.
**Subp. 2. Corrective action trust fund.**
The following apply to corrective action trust funds:
A. An owner or operator may satisfy the requirements of this part by establishing a corrective action trust fund which conforms to the requirements of items A to L and by submitting an originally signed duplicate of the trust agreement to the commissioner. An owner or operator of a new facility shall submit the originally signed duplicate of the trust agreement to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
B. The wording of the trust agreement must be identical to the wording specified in part 7045.0524, subpart 1, item A and the trust agreement must be accompanied by a formal certification of acknowledgment as shown in part 7045.0524, subpart 1, item B. Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current corrective action cost estimate covered by the agreement.
C. Payments into the trust fund must be made annually by the owner or operator over the first ten years of facility operation or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the corrective action trust fund must be made as described in subitems (1) and (2):
D. The owner or operator may accelerate payments into the trust fund or he or she may deposit the full amount of the current corrective action cost estimate at the time the fund is established. However, he or she shall maintain the value of the fund at no less than the value that the fund would have if annual payments were made as specified in item C.
E. If the owner or operator establishes a corrective action trust fund after having used one or more alternate mechanisms specified in this part, the first payment must be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to specifications of subpart 2, as applicable.
F. After the pay-in period is completed, whenever the current corrective action cost estimate changes, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current corrective action cost estimate or obtain other financial assurance as specified in this part to cover the difference.
G. If the value of the trust fund is greater than the total amount of the current corrective action cost estimate, the owner or operator may submit a written request to the commissioner for release of the amount in excess of the current corrective action cost estimate covered by the trust fund.
H. If an owner or operator substitutes other financial assurance as specified in this part for all or part of the trust fund, he or she may submit a written request to the commissioner for release of the amount in excess of the current corrective action cost estimate covered by the trust fund.
I. Within 60 days after receiving a request from the owner or operator for release of funds as specified in item G or H, the commissioner shall instruct the trustee to release to the owner or operator the funds as the commissioner specifies in writing.
J. The trustee shall notify the owner or operator and the commissioner by certified mail within ten days following the expiration of the 30-day period after the anniversary of the establishment of the trust if no payment is received from the owner or operator during the period. Within 60 days after receipt by both the owner or operator and the commissioner of a notice of nonpayment of any payment required by this part, the owner or operator shall:
K. After beginning corrective action, an owner, operator, or other person authorized to perform corrective action may request reimbursement for corrective action expenditures by submitting itemized bills to the commissioner. Within 60 days after receiving bills for corrective action activities, the commissioner shall determine whether the corrective action expenditures are in accordance with the corrective action plan or otherwise justified, and if so, the commissioner shall instruct the trustee to make reimbursement in amounts as the commissioner specifies in writing. If the commissioner has reason to believe that the cost of corrective action will be significantly greater than the value of the trust fund, the commissioner may withhold reimbursement of amounts as deemed prudent until it is determined, in accordance with subpart 10, that the owner or operator is no longer required to maintain financial assurance for corrective action.
L. The commissioner shall agree to termination of the trust if:
**Subp. 3. Surety bond guaranteeing payment into corrective action trust fund.**
The following apply to surety bonds that guarantee payment into corrective action trust funds:
A. An owner or operator may satisfy the requirements of this part by obtaining a surety bond which conforms to the requirements of items A to I and by submitting the bond to the commissioner. An owner or operator of a new facility shall submit the bond to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The bond must be effective before this initial receipt of hazardous waste. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United Stated Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7045.0524, subpart 2.
C. The owner or operator who uses a surety bond to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements specified in subpart 2, except that: an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond; and until the standby trust fund is funded pursuant to the requirements of this subpart, the requirements specified in subitems (1) to (4) are not required:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
F. The penal sum of the bond must be in an amount at least equal to the current corrective action cost estimate, except as provided in subpart 8.
G. Whenever the current corrective action cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current corrective action cost estimate and submit evidence of the increase to the commissioner, or obtain other financial assurance as specified in this part to cover the increase. Whenever the current corrective action cost estimate decreases, the penal sum may be reduced to the amount of the current corrective action cost estimate following written approval by the commissioner.
H. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.
I. The owner or operator may cancel the bond if the commissioner has given prior written consent based on the commissioner's receipt of evidence of alternate financial assurance as specified in this part.
**Subp. 4. Surety bond guaranteeing performance of corrective action.**
The following apply to surety bonds that guarantee performance of corrective action:
A. An owner or operator may satisfy the requirements of this part by obtaining a surety bond which conforms to the requirements of items A to J and submitting the bond to the commissioner. An owner or operator of a new facility shall submit the bond to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The bond must be effective before this initial receipt of hazardous waste. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7045.0524, subpart 3.
C. The owner or operator who uses a surety bond to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust must meet the requirements specified in subpart 2, except that: an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond; and unless the standby trust fund is funded under this subpart, the requirements specified in subitems (1) to (4) are not required:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination that the owner or operator has failed to perform corrective action in accordance with the corrective action plan and other permit requirements when required to do so, under the terms of the bond the surety will perform corrective action according to the corrective action plan and other permit requirements or will deposit the amount of the penal sum into the standby trust fund.
F. The penal sum of the bond must be in an amount at least equal to the current corrective action cost estimate.
G. Whenever the current corrective action cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current corrective action cost estimate and submit evidence of the increase to the commissioner or obtain other financial assurance as specified in this part. Whenever the current corrective action cost estimate decreases, the penal sum may be reduced to the amount of the current corrective action cost estimate following written approval by the commissioner.
H. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.
I. The owner or operator may cancel the bond if the commissioner has given prior written consent. The commissioner shall provide written consent if:
J. The surety is not liable for deficiencies in the performance of corrective action by the owner or operator after the agency releases the owner or operator from the requirements of this part in accordance with subpart 10.
**Subp. 5. Corrective action letter of credit.**
The following apply to corrective action letters of credit:
A. An owner or operator may satisfy the requirements of this part by obtaining an irrevocable standby letter of credit which conforms to the requirements of items A to J and by submitting the letter to the commissioner. An owner or operator of a new facility must submit the letter of credit to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The letter of credit must be effective before this initial receipt of hazardous waste. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.
B. The wording of the letter of credit must be identical to the wording specified in part 7045.0524, subpart 4.
C. An owner or operator who uses a letter of credit to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the commissioner will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements of the trust fund specified in subpart 2 except that an originally signed duplicate of the trust agreement must be submitted to the commissioner with the letter of credit; and unless the standby trust fund is funded pursuant to the requirements of this subpart, the requirements specified in subitems (1) to (4) are not required:
D. The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date and providing the following information: the identification number, name and address of the facility, and the amount of funds assured for corrective action for the facility by the letter of credit.
E. The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the commissioner by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days will begin on the date when both the owner or operator and the commissioner have received the notice, as evidenced by the return receipts.
F. The letter of credit must be issued in an amount at least equal to the current corrective action cost estimate, except as provided in subpart 8.
G. Whenever the current corrective action cost estimate increases to an amount greater than the amount of the credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the credit to be increased so that it at least equals the current corrective action cost estimate and shall submit evidence of the increase to the commissioner or obtain other financial assurance as specified in this part to cover the increase. Whenever the current corrective action cost estimate decreases, the amount of the credit may be reduced to the amount of the current corrective action cost estimate following written approval by the commissioner.
H. Following a determination that the owner or operator has failed to perform corrective action in accordance with the corrective action plan and other permit requirements when required to do so, the commissioner may draw on the letter of credit.
I. If the owner or operator does not establish alternate financial assurance as specified in this part and obtain written approval of alternate assurance from the commissioner within 90 days after receipt by both the owner or operator and the commissioner of a notice from issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the commissioner shall draw on the letter of credit. The commissioner may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of an extension, the commissioner shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this part and to obtain written approval of assurance from the commissioner.
J. The commissioner shall return the letter of credit to the issuing institution for termination if:
**Subp. 6. Corrective action insurance.**
The following apply to corrective action insurance:
A. An owner or operator may satisfy the requirements of this part by obtaining corrective action insurance which conforms to the requirements of items A to J and by submitting a certificate of insurance to the commissioner. An owner or operator of a new facility must submit the certificate of insurance to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. The insurance must be effective before this initial receipt of hazardous waste. The insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
B. The wording of the certificate of insurance must be identical to the wording specified in part 7045.0524, subpart 5.
C. The corrective action insurance policy must be issued for a face amount at least equal to the current corrective action cost estimate, except as provided in subpart 8. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer do not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.
D. The corrective action insurance policy must guarantee that funds will be available to perform corrective action for the facility whenever required by the facility permit. The policy must also guarantee that once closure or corrective action begins, the insurer is responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the commissioner, to the party or parties the agency specifies.
E. After beginning corrective action, an owner or operator or any other person authorized to perform corrective action may request reimbursement for corrective action expenditures by submitting itemized bills to the commissioner. Within 60 days after receiving bills for corrective action activities, the commissioner shall determine whether the corrective action expenditures are in accordance with the corrective action plan or otherwise justified, and if so, the commissioner shall instruct the insurer to make reimbursement in amounts the commissioner specifies in writing. If the commissioner has reason to believe that the cost of corrective action will be significantly greater than the face amount of the policy, the commissioner may withhold reimbursement of these amounts as deemed prudent until it is determined, in accordance with subpart 10, that the owner or operator is no longer required to maintain financial assurance for corrective action for the facility.
F. The owner or operator shall maintain the policy in full force and effect until the commissioner consents to termination of the policy by the owner or operator as specified in item J.
G. Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. The assignment may be conditional upon consent of the insurer, provided the consent is not unreasonably refused.
H. The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the commissioner. Cancellation, termination, or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the commissioner and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy remains in full force and effect if on or before the date of expiration one or more of the following events occurs:
I. Whenever the current corrective action cost estimate increases to an amount greater than the face amount of the policy, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current corrective action cost estimate and submit evidence of the increase to the commissioner or obtain other financial assurance as specified in this part to cover the increase. Whenever the current corrective action cost estimate decreases, the face amount may be reduced to the amount of the current corrective action cost estimate following written approval by the commissioner.
J. The commissioner shall give written consent to the owner or operator that he or she may terminate the insurance policy if:
**Subp. 7. Financial test and corporate guarantee for corrective action.**
The financial test and corporate guarantee for corrective action is as follows:
A. An owner or operator may satisfy the requirements of this part by demonstrating that he or she passes a financial test as specified in items A to L. To pass this test, the owner or operator shall meet the criteria of either item B or C.
B. The owner or operator shall have:
C. The owner or operator shall have:
D. The phrase "current corrective action cost estimates" as used in items A to C refers to the cost estimates required to be shown in paragraphs 1 to 4 of the letter from the owner's or operator's chief financial officer as specified in part 7045.0524, subpart 6.
E. To demonstrate that he or she meets this test, the owner or operator shall submit the following items to the commissioner:
F. An owner or operator of a new facility shall submit the items specified in item E to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal.
G. After the initial submission of items specified in item E, the owner or operator shall send updated information to the commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in item E.
H. If the owner or operator no longer meets the requirements of item A, he or she shall send notice to the commissioner of intent to establish alternate financial assurance as specified in this part. The notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after the end of the fiscal year.
I. The commissioner may, based on a reasonable belief that the owner or operator may no longer meet the requirements of item A, require reports of financial condition at any time from the owner or operator in addition to those specified in item E. If the commissioner finds, on the basis of these reports or other information, that the owner or operator no longer meets the requirements of item A, the owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of a finding.
J. The commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements required by item E, subitem (2). An adverse opinion or a disclaimer of opinion is cause for disallowance. The commissioner shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of the disallowance.
K. The owner or operator is no longer required to submit the items specified in item E if:
L. An owner or operator may meet the requirements of this part by obtaining a written guarantee, hereafter referred to as "corporate guarantee." The guarantor must be the parent corporation of the owner or operator. The guarantor must meet the requirements for owners or operators in items A to J and must comply with the terms of the corporate guarantee. The wording of the corporate guarantee must be identical to the wording specified in part 7045.0524, subpart 8. A certified copy of the corporate guarantee must accompany the items sent to the commissioner as specified in item E. The terms of the corporate guarantee must provide that:
**Subp. 8. Use of multiple financial mechanisms.**
An owner or operator may satisfy the requirements of this part by establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds guaranteeing payment into a trust fund, letters of credit, and insurance. The mechanisms must be as specified in subparts 2, 3, 5, and 6 respectively, except that it is the combination of mechanisms rather than the single mechanism which must provide financial assurance for an amount at least equal to the current corrective action cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he or she may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The commissioner may use any or all of the mechanisms to provide for corrective action for the facility.
**Subp. 9. Use of financial mechanism for multiple facilities.**
An owner or operator may use a financial assurance mechanism specified in this part to meet the requirements of this part for more than one facility. Evidence of financial assurance submitted to the commissioner must include a list showing, for each facility, the identification number, name, address, and the amount of funds for corrective action assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for corrective action for any of the facilities covered by the mechanism, the agency may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
**Subp. 10. Release of the owner or operator from the requirements of this part.**
Within 60 days after the end of the postclosure care period or after termination of corrective action in accordance with part 7045.0484, subpart 14, item F, whichever is later, the agency shall notify the owner or operator in writing that he or she is no longer required by this part to maintain financial assurance for corrective action for the particular facility, unless the agency has reason to believe that corrective action, if necessary, has not been accomplished in accordance with the corrective action plan.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0516** Use of a Mechanism for Financial Assurance of Corrective Action, Closure, and Postclosure Care {#sec-7045.0516 omnilex-key=us-mn-regs-official--agency-167--7045.0516}
An owner or operator may satisfy the requirements for financial assurance for corrective action, closure, and postclosure care or any combination thereof for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate guarantee that meets the specifications for the mechanism in parts 7045.0504, 7045.0508, and 7045.0514. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of corrective action, closure, and postclosure care.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115*
##### **Minn. R. 7045.0518** Liability Requirements {#sec-7045.0518 omnilex-key=us-mn-regs-official--agency-167--7045.0518}
**Subpart 1. Coverage for sudden accidental occurrences.**
An owner or operator of a hazardous waste treatment, storage, or disposal facility, or a group of facilities, shall demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1,000,000 per occurrence with an annual aggregate of at least $2,000,000, exclusive of legal defense costs. This liability coverage may be demonstrated in one of the following ways:
A. An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in subitems (1) and (2):
B. An owner or operator may meet the requirements of this part by passing a financial test or using the corporate guarantee for liability coverage as specified in subparts 6 and 7.
C. An owner or operator may meet the requirements of this part by obtaining a letter of credit for liability coverage as specified in subpart 8.
D. An owner or operator may meet the requirements of this part by obtaining a trust fund for liability coverage as specified in subpart 9.
E. An owner or operator may demonstrate the required liability coverage through the use of combinations of insurance, financial test, corporate guarantee, letter of credit, and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a corporate guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated must total at least the minimum amounts required by this part. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this item, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify other assurance as "excess" coverage.
F. An owner or operator shall notify the commissioner in writing within 30 days whenever:
**Subp. 2. Coverage for nonsudden accidental occurrences.**
An owner or operator of a surface impoundment, landfill, land treatment facility, or disposal miscellaneous unit that is used to manage hazardous waste, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for nonsudden accidental occurrences in the amount of at least $3,000,000 per occurrence with an annual aggregate of at least $6,000,000, exclusive of legal defense costs. An owner or operator who must meet the requirements of this part may combine the required per-occurrence coverage levels for sudden and nonsudden accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and nonsudden accidental occurrences must maintain liability coverage in the amount of at least $4,000,000 per occurrence and $8,000,000 annual aggregate. This liability coverage may be demonstrated in one of the following ways:
A. An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in subitems (1) and (2):
B. An owner or operator may meet the requirements of this part by passing a financial test or using the corporate guarantee for liability coverage as specified in subparts 6 and 7.
C. An owner or operator may meet the requirements of this part by obtaining a letter of credit for liability coverage as specified in subpart 8.
D. An owner or operator may meet the requirements of this part by obtaining a trust fund for liability coverage as specified in subpart 9.
E. An owner or operator may demonstrate the required liability coverage through the use of combinations of insurance, financial test, corporate guarantee, letter of credit, and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a corporate guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated must total at least the minimum amount required by this part. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this item, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify other assurance as "excess" coverage.
F. An owner or operator must notify the commissioner in writing within 30 days whenever:
**Subp. 3. Adjustment of liability requirements.**
If an owner or operator can demonstrate to the satisfaction of the commissioner that the levels of financial responsibility required by subparts 1 and 2 are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the owner or operator may obtain an adjustment from the commissioner. The request for an adjustment must be submitted to the commissioner as part of the permit application in accordance with the agency's permitting procedures in chapter 7001 for a facility that does not have a permit, or pursuant to the procedures for permit modification in chapter 7001 for a facility that has a permit. If granted, the adjustment will take the form of an adjusted level of required liability coverage, the level to be based on the commissioner's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The commissioner may require an owner or operator who requests an adjustment to provide the technical and engineering information as is deemed necessary by the commissioner to determine a level of financial responsibility other than that required by subpart 1 or 2.
**Subp. 4. Adjustment of financial liability to protect health and environment.**
If the commissioner determines that the levels of financial responsibility required by subpart 1 or 2 are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the commissioner may adjust the level of financial responsibility required under subpart 1 or 2 as may be necessary to protect human health and the environment. This adjusted level will be based on the commissioner's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the commissioner determines that there is a significant risk to human health and the environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, landfill, or land treatment facility, the commissioner may require that an owner or operator of the facility comply with subpart 2. An owner or operator shall furnish to the commissioner within a reasonable time, any information which the commissioner requests to determine whether cause exists for such adjustments of level or type of coverage. An adjustment of the level or type of coverage for a facility that has a permit will be treated as a permit modification under the agency's permitting procedures in chapter 7001.
**Subp. 5. Period of coverage.**
An owner or operator shall continuously provide liability coverage for a facility as required by this part until certifications of closure of the facility, as specified in part 7045.0488, are received by the commissioner. Within 60 days after receiving the certifications from the owner or operator and an independent registered professional engineer, the commissioner shall notify the owner or operator in writing that he or she is no longer required by this part to maintain liability coverage for that facility, unless the commissioner has reason to believe that closure has not been in accordance with the approved closure plan.
**Subp. 6. Financial test for liability coverage.**
The financial test for liability coverage is as follows:
A. An owner or operator may satisfy the requirements of this part by demonstrating that he or she passes a financial test as specified in items A to I. To pass this test the owner or operator must meet the criteria of either item B or C.
B. The owner or operator shall have:
C. The owner or operator shall have:
D. The phrase "amount of liability coverage" as used in items A to C refers to the annual aggregate amounts for which coverage is required under subparts 1 and 2.
E. To demonstrate that he or she meets this test, the owner or operator shall submit the following three items to the commissioner:
F. An owner or operator of a new facility shall submit the items specified in item E to the commissioner at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal.
G. After the initial submission of items specified in item E, the owner or operator shall send updated information to the commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in item E.
H. If the owner or operator no longer meets the requirements of item A, the owner or operator shall obtain insurance, a letter of credit, a trust fund, or a corporate guarantee for the entire amount of required liability coverage as specified in this part. Evidence of liability coverage must be submitted to the commissioner within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the test requirements.
I. The commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements required by item E, subitem (2). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The commissioner shall evaluate other qualifications on an individual basis. The owner or operator shall provide evidence of insurance for the entire amount of required liability coverage as specified in this part within 30 days after notification of disallowance.
**Subp. 7. Corporate guarantee for liability coverage.**
The corporate guarantee for liability coverage is as follows:
A. Subject to item B, an owner or operator may meet the requirements of this part by obtaining a written corporate guarantee. The guarantor must be the parent corporation of the owner or operator. The guarantor must meet the requirements for owners or operators in subpart 6. The wording of the corporate guarantee must be identical to the wording specified in part 7045.0524, subpart 8a. The corporate guarantee must be signed by two corporate officers of the parent corporation. A corporate resolution authorizing the parent corporation to provide the corporate guarantee for the subsidiary must be attached to the corporate guarantee. A certified copy of the corporate guarantee must accompany the items sent to the commissioner as specified in subpart 6, item E. The terms of the corporate guarantee must provide that:
B. A corporate guarantee may be used to satisfy the requirements of this part only if:
**Subp. 8. Letter of credit for liability coverage.**
A. An owner or operator may satisfy the requirements of this part by obtaining an irrevocable standby letter of credit that conforms to the requirements of this subpart and submitting a copy of the letter of credit to the commissioner.
B. The financial institution issuing the letter of credit must be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.
C. The wording of the letter of credit must be identical to the wording in part 7045.0524, subpart 11.
D. An owner or operator who uses a letter of credit to satisfy the requirements of this part may also establish a standby trust fund. Under the terms of a letter of credit, all amounts paid pursuant to a draft by the trustee of the standby trust will be deposited by the issuing institution into the standby trust in accordance with instructions from the trustee. The trustee of the standby trust fund must be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
E. The wording of the standby trust fund must be identical to the wording in part 7045.0524, subpart 13.
**Subp. 9. Trust fund for liability coverage.**
A. An owner or operator may satisfy the requirements of this part by establishing a trust fund that conforms to the requirements of this subpart and submitting an originally signed duplicate of the trust agreement to the commissioner.
B. The trustee must be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
C. The trust fund for liability coverage must be funded for the full amount of the liability coverage to be provided by the trust fund before it may be relied upon to satisfy the requirements of this part. If at any time after the trust fund is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be provided, the owner or operator, by the anniversary date of the establishment of the fund, must either add sufficient funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided or obtain other financial assurance as specified in this part to cover the difference. For purposes of this item, "the full amount of the liability coverage to be provided" means the amount of coverage for sudden or nonsudden occurrences required to be provided by the owner or operator under this part, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner or operator.
D. The wording of the trust fund must be identical to the wording in part 7045.0524, subpart 12.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 577; 13 SR 2761; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0520** [Repealed by amendment, 9 SR 115] {#sec-7045.0520 omnilex-key=us-mn-regs-official--agency-167--7045.0520}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0522** Incapacity of Owners or Operators, Guarantors, or Financial Institutions {#sec-7045.0522 omnilex-key=us-mn-regs-official--agency-167--7045.0522}
**Subpart 1. Notification of bankruptcy.**
An owner or operator shall notify the commissioner by certified mail of the commencement of a voluntary or involuntary proceeding under United States Code, title 11, Bankruptcy, as amended, naming the owner or operator as debtor, within ten days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in parts 7045.0504, subpart 7; 7045.0508, subpart 7; and 7045.0514, subpart 7 shall make the notification if he or she is named as debtor, as required under the terms of the corporate guarantee.
**Subp. 2. Incapacity of financial institutions.**
An owner or operator who fulfills the requirements of part 7045.0504, 7045.0508, 7045.0514, or 7045.0518 by obtaining a trust fund, surety bond, letter of credit, or insurance policy will be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or insurance policy to issue these instruments. The owner or operator shall establish other financial assurance or liability coverage within 60 days after such an event.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 20 SR 715*
##### **Minn. R. 7045.0524** Wording of Instruments {#sec-7045.0524 omnilex-key=us-mn-regs-official--agency-167--7045.0524}
**Subpart 1. Trust agreement for trust fund.**
The trust agreement and certificate of acknowledgment are as follows:
A. A trust agreement for a trust fund as specified in part 7045.0504, subpart 2; 7045.0508, subpart 2; 7045.0514, subpart 2; 7045.0612, subpart 2; or 7045.0616, subpart 2 must be worded as specified in this item, except that instructions in brackets must be replaced with the relevant information and the brackets deleted. TRUST AGREEMENT Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator], a [name of state] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the state of __________________" or "a national bank"], the "Trustee." Whereas, the Minnesota Pollution Control Agency (Agency), an agency of the state of Minnesota has established certain rules applicable to the Grantor, requiring that an owner or operator of a hazardous waste facility shall provide assurance that funds will be available when needed for closure and/or postclosure care of, and/or corrective action for the facility, Whereas, the Grantor has elected to establish a trust to provide all or part of the financial assurance for the facilities identified herein, Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee, Now, Therefore, the Grantor and the Trustee agree as follows: Section 1. Definitions. As used in this Agreement: a. The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor. b. The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee. Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the facilities and cost estimates identified on attached Schedule A [on Schedule A, for each facility list the identification number, name, address, and the current corrective action, closure, and/or postclosure cost estimates, or portions thereof, for which financial assurance is demonstrated by this Agreement]. Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, the "Fund," for the benefit of the Agency. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. This property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Agency. Section 4. Payment for Corrective Action, Closure, and Postclosure Care. The Trustee shall make payments from the Fund as the Agency Commissioner shall direct, in writing, to provide for the payment of the costs of corrective action, closure, and/or postclosure care of the facilities covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the Agency Commissioner from the Fund for corrective action, closure, and postclosure expenditures in amounts as the Agency Commissioner shall direct in writing. In addition, the Trustee shall refund to the Grantor the amounts as the Agency Commissioner specifies in writing. Upon refund, these funds shall no longer constitute part of the Fund as defined herein. Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee. Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that: a. securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, United States Code, title 15, section 80a-2.(a), as amended, shall not be acquired or held, unless they are securities or other obligations of the federal or state government; b. the Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the federal or state government; and c. the Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon. Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion: a. to transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and b. to purchase shares in any investment company registered under the Investment Company Act of 1940, United States Code, title 15, sections 80a-1 et seq., as amended, including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion. Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered: a. To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee may be bound to see to the application of the purchase money or to inquire into the validity or expediency of a sale or other disposition; b. To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; c. To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing the securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of the securities in a qualified central depository even though, when so deposited, the securities may be merged and held in bulk in the name of the nominee of the depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a federal reserve bank, but the books and records of the Trustee shall at all times show that all these securities are part of the Fund; d. To deposit any cash in the Fund in interest bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the federal or state government; and e. To compromise or otherwise adjust all claims in favor of or against the Fund. Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund. Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Agency Commissioner a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Agency Commissioner shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement. Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel. Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor. Section 13. Successor Trustee. The trustee may resign or the Grantor may replace the Trustee, but the resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Agency Commissioner and the present Trustee by certified mail ten days before the change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9. Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by the persons as are designated in the attached Exhibit A or other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Agency to the Trustee shall be in writing, signed by the Agency Commissioner; and the Trustee shall act and shall be fully protected in acting in accordance with the orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Agency hereunder has occurred. The Trustee shall have no duty to act in the absence of orders, requests, and instructions from the Grantor and/or the Agency Commissioner, except as provided for herein. Section 15. Notice of Nonpayment. The Trustee shall notify the Grantor and the Agency Commissioner by certified mail within ten days following the expiration of the 30-day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment. Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Agency Commissioner, or by the Trustee and the Agency Commissioner, if the Grantor ceases to exist. Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Agency Commissioner, or by the Trustee and the Agency Commissioner, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor. Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Agency Commissioner issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide a defense. Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to the laws of the state of Minnesota. Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement. In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 1, item A, as such rules were constituted on the date first above written.
B. The following is an example of the certification of acknowledgment, which must accompany the trust agreement for a trust fund as specified in part 7045.0504, subpart 2; 7045.0508, subpart 2; 7045.0514, subpart 2; 7045.0612, subpart 2; or 7045.0616, subpart 2. CERTIFICATION OF ACKNOWLEDGMENT State of ____________________________ County of ___________________________ On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to the instrument is the corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. [signature of Notary Public]
**Subp. 2. Surety bond guaranteeing payment into a trust fund.**
A surety bond guaranteeing payment into a trust fund as specified in part 7045.0504, subpart 3; 7045.0508, subpart 3; 7045.0514, subpart 3; 7045.0612, subpart 3; or 7045.0616, subpart 3 must be worded as described in this subpart, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
FINANCIAL GUARANTEE BOND
Date bond executed: ____________
Effective date: ________________
Principal: [legal name and business address of owner or operator]
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation: ______________
Surety(ies): [name(s) and business address(es)]
Identification number, name, address, and corrective action, closure, and/or postclosure amount(s) for each facility guaranteed by this bond [indicate corrective action, closure, and postclosure amounts separately]: ______________
Total penal sum of bond: $___________
Surety's bond number: _______________
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the Minnesota Pollution Control Agency (hereinafter called Agency), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as cosureties, we, the Sureties, bind ourselves in the sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of the sum only as is set forth opposite the name of the Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas said Principal is required to have a permit or interim status in order to own or operate each hazardous waste facility identified above, and
Whereas said principal is required to provide financial assurance for closure; closure and postclosure care; closure and corrective action; or closure, postclosure care, and corrective action as a condition of the permit or interim status, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide financial assurance;
Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully, before the beginning of final closure of each facility identified above, fund the standby trust fund in the amount(s) identified above for the closure and/or postclosure care of the facility,
Or, if the Principal shall fund the standby trust fund in the amount(s) identified above for the closure and/or postclosure care of the facility within 15 days after an order to begin closure is issued by the Agency Commissioner, the Agency, or court of competent jurisdiction,
Or, if the Principal shall faithfully, before beginning corrective action at any facility identified above, fund the standby trust fund in the amount identified above for corrective action at the facility,
Or, if the Principal shall fund the standby trust fund in the amount identified above for corrective action at the facility within 15 days after an order to begin corrective action is issued by the Agency Commissioner, the Agency, or a court of competent jurisdiction,
Or, if the Principal shall provide alternate financial assurance, as specified in Minnesota Rules, parts 7045.0498 to 7045.0524, or 7045.0608 to 7045.0624 as applicable and obtain the Agency Commissioner's written approval of assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Agency Commissioner from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Agency Commissioner that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Agency Commissioner.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the Agency Commissioner, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Agency Commissioner, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Agency Commissioner.
(The following paragraph is an optional rider that may be included but is not required.)
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new corrective action, closure, and/or postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Agency Commissioner.
In Witness Whereof, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 2, as the rules were constituted on the date this bond was executed.
Principal
[SIGNATURE(S)]
[NAME(S)]
[TITLES(S)]
[CORPORATE SEAL]
Corporate Surety(ies)
[NAME AND ADDRESS]
State of incorporation: ______________________
Liability limit: $____________________________
[SIGNATURE(S)]
[NAME(S) AND TITLE(S)]
[CORPORATE SEAL]
[For every cosurety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $__________________
**Subp. 3. Surety bond guaranteeing performance.**
A surety bond guaranteeing performance of corrective action, closure and/or postclosure care, as specified in part 7045.0504, subpart 4; 7045.0508, subpart 4; or 7045.0514, subpart 4 must be worded as specified in this subpart, except that the instructions in brackets must be replaced with the relevant information and the brackets deleted.
PERFORMANCE BOND
Date bond executed: _______________
Effective date: ____________________
Principal: [legal name and business address of owner or operator]
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation: _______________
Surety(ies): [name(s) and business address(es)]
Identification number, name, address, and corrective action, closure, and/or postclosure amount(s) for each facility guaranteed by this bond [indicate corrective action, closure, and postclosure amounts separately]:
Total penal sum of bond: $_______________
Surety's bond number: ___________________
Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the Minnesota Pollution Control Agency (hereinafter called Agency), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as cosureties, we, the Sureties, bind ourselves in the sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of the sum only as is set forth opposite the name of the Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas said Principal is required to have a permit in order to own or operate each hazardous waste facility identified above, and
Whereas said Principal is required to provide financial assurance for closure; closure and postclosure care; closure and corrective action; or closure, postclosure care, and corrective action as a condition of the permit, and
Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide financial assurance,
Now, Therefore, the conditions of this obligation are such that if the Principal shall faithfully perform closure, whenever required to do so, of each facility for which this bond guarantees closure, in accordance with the closure plan and other requirements of the permit as the plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as these laws, statutes, rules, and regulations may be amended,
And, if the Principal shall faithfully perform postclosure care of each facility for which this bond guarantees postclosure care, in accordance with the postclosure plan and other requirements of the permit, as the plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as these laws, statutes, rules, and regulations may be amended,
And, if the Principal shall faithfully perform corrective action for each facility for which this bond guarantees corrective action, when required by and in accordance with the corrective action plan and other requirements of the permit, as the plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
Or, if the Principal shall provide alternate financial assurance as specified in Minnesota Rules, parts 7045.0498 to 7045.0524, and obtain the Agency Commissioner's written approval of the assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Agency Commissioner from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.
Upon notification by the Agency Commissioner that the Principal has been found in violation of the closure requirements of Minnesota Rules, parts 7045.0450 to 7045.0551 for a facility for which this bond guarantees performance of closure, the Surety(ies) shall either perform closure in accordance with the closure plan and other permit requirements or place the closure amount guaranteed for the facility into the standby trust fund as directed by the Agency Commissioner.
Upon notification by the Agency Commissioner that the Principal has been found in violation of the postclosure requirements of Minnesota Rules, parts 7045.0450 to 7045.0551 for a facility for which this bond guarantees performance of postclosure care, the Surety(ies) shall either perform postclosure care in accordance with the postclosure plan and other permit requirements or place the postclosure amount guaranteed for the facility into the standby trust fund as directed by the Agency Commissioner.
Upon notification by the Agency Commissioner that the Principal has been found in violation of the corrective action requirements of Minnesota Rules, parts 7045.0450 to 7045.0551 for a facility for which this bond guarantees performance of corrective action, the Surety(ies) shall either perform corrective action in accordance with the corrective action plan and other permit requirements or place the corrective action amount guaranteed for the facility into the standby trust fund as directed by the Agency Commissioner.
Upon notification by the Agency Commissioner that the Principal has failed to provide alternate financial assurance as specified in Minnesota Rules, parts 7045.0498 to 7045.0524 and obtain written approval of the assurance from the Agency Commissioner during the 90 days following receipt by both the Principal and the Agency of a notice of cancellation of the bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Agency Commissioner.
The Surety(ies) hereby waive(s) notification of amendments to closure, postclosure, and corrective action plans, permits, applicable laws, statutes, rules, and regulations and agrees that no amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until the payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Agency Commissioner, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Agency Commissioner, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Agency Commissioner.
[The following paragraph is an optional rider that may be included but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new corrective action, closure, and/or postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Agency Commissioner.
In Witness Whereof, the Principal and Surety(ies) have executed this Performance Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 3, as the part was constituted on the date this bond was executed.
Principal
[SIGNATURE(S)]
[NAME(S)]
[TITLE(S)]
[CORPORATE SEAL]
Corporate Surety(ies)
[NAME AND ADDRESS]
State of incorporation: ____________________
Liability limit: $_________________________
[SIGNATURE(S)]
[NAME(S) AND TITLE(S)]
[CORPORATE SEAL]
[For every cosurety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium: $____________________
**Subp. 4. Letter of credit.**
A letter of credit as specified in part 7045.0504, subpart 5; 7045.0508, subpart 5; 7045.0514, subpart 5; 7045.0612, subpart 4; or 7045.0616, subpart 4 must be worded as specified in this subpart, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
IRREVOCABLE STANDBY LETTER OF CREDIT
[Agency Commissioner]
Minnesota Pollution Control Agency
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. ______ in your favor, at the request and for the account of [owner's or operator's name and address] up to the aggregate amount of [in words] U.S. dollars $ ______, available upon presentation of:
1. your sight draft, bearing reference to this letter of Credit No. ______, and
2. your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to the State of Minnesota's hazardous waste rules."
This letter of credit is effective as of [date] and shall expire on [date at least one year later], but the expiration date shall be automatically extended for a period of [at least one year] on [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify both you and the [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you and [owner's or operator's name], as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor the draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of [owner's or operator's name] in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 4, as the rules were constituted on the date shown immediately below.
[SIGNATURE(S) AND TITLE(S) OF OFFICIAL(S) OF ISSUING
INSTITUTION]
[DATE]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce," or "the Uniform Commercial Code published in Minnesota Statutes, chapter 336"].
**Subp. 5. Certificate of insurance.**
A certificate of insurance, as specified in part 7045.0504, subpart 6; 7045.0508, subpart 6; 7045.0514, subpart 6; 7045.0612, subpart 5; or 7045.0616, subpart 5 must be worded as specified in this subpart, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
CERTIFICATE OF INSURANCE FOR CLOSURE OR POSTCLOSURE CARE OR CORRECTIVE ACTION
Name and Address of Insurer (herein called the "insurer"):
_
Name and Address of Insured (herein called the "insured"):
_
Facilities Covered: [List for each facility: the identification number, name, address, and the amount of insurance for closure and/or the amount for postclosure care, and/or the amount for corrective action (these amounts for all facilities covered must total the face amount shown below).]
Face Amount: _
Policy Number: _
Effective Date: _
The insurer hereby certifies that it has issued to the insured the policy of insurance identified above to provide financial assurance for [insert "closure," "closure and postclosure care," "postclosure care," "closure and corrective action," "postclosure care and corrective action," "corrective action," or "closure, postclosure care, and corrective action"] for the facilities identified above. The insurer further warrants that the policy conforms in all respects with the requirements of Minnesota Rules, part 7045.0504, subpart 6; 7045.0508, subpart 6; 7045.0514, subpart 6; 7045.0612, subpart 5; or 7045.0616, subpart 5 as applicable and as the rules were constituted on the date shown immediately below. It is agreed that any provision of the policy inconsistent with the rules is hereby amended to eliminate the inconsistency.
Whenever requested by the Minnesota Pollution Control Agency (Agency) Commissioner, the insurer agrees to furnish to the Agency Commissioner a duplicate original of the policy listed above, including all endorsements thereon.
I hereby certify that the wording of this certificate is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 5, as the rules were constituted on the date shown immediately below.
[AUTHORIZED SIGNATURE FOR INSURER]
[NAME OF PERSON SIGNING]
[TITLE OF PERSON SIGNING]
[SIGNATURE OF WITNESS OR NOTARY]
[DATE]
**Subp. 6. Letter from chief financial officer for corrective action, closure, and/or postclosure care.**
A letter from the chief financial officer as specified in part 7045.0504, subpart 7; 7045.0508, subpart 7; 7045.0514, subpart 7; 7045.0612, subpart 6; or 7045.0616, subpart 6 must be worded as specified in this subpart, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
LETTER FROM CHIEF FINANCIAL OFFICER FOR CORRECTIVE ACTION, CLOSURE, AND/OR POSTCLOSURE CARE
[Agency Commissioner]
Minnesota Pollution Control Agency
I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance for corrective action, closure, or postclosure costs, as specified in Minnesota Rules, parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624.
[Fill out the following five paragraphs regarding facilities and associated cost estimates. If your firm has no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its identification number, name, address, and current corrective action, closure, and/or postclosure cost estimates. Identify each cost estimate as to whether it is for corrective action, closure, or postclosure care.]
1. This firm is the owner or operator of the following facilities for which financial assurance for corrective action, closure, or postclosure care is demonstrated through the financial test specified in Minnesota Rules, parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624. The current corrective action, closure, and/or postclosure cost estimates covered by the test are shown for each facility: _____________________.
2. This firm guarantees, through the corporate guarantee specified in Minnesota Rules, parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624, the corrective action, closure, or postclosure care of the following facilities owned or operated by subsidiaries of this firm. The current cost estimates for the corrective action, closure, or postclosure care so guaranteed are shown for each facility: ____________________.
3. In states other than Minnesota, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the corrective action, closure, or postclosure care of the following facilities either to the United States Environmental Protection Agency through the use of the financial test specified in Code of Federal Regulations, title 40, parts 264 or 265, subpart H, as amended, or to an authorized state through the use of a test equivalent or substantially equivalent to the specified financial test. The current corrective action, closure, and/or postclosure cost estimates covered by such a test are shown for each facility: _________________________________________________.
4. This firm is the owner or operator of the following hazardous waste management facilities for which financial assurance for corrective action, if required, closure, or if a disposal facility, postclosure care, is not demonstrated either to the United States Environmental Protection Agency or a state through the financial test or any other financial assurance mechanism specified in Code of Federal Regulations, title 40, parts 264 or 265, subpart H, as amended, or equivalent or substantially equivalent state mechanisms. The current corrective action, closure, and/or postclosure cost estimates not covered by such financial assurance are shown for each facility: _________.
5. This firm is the owner or operator of the following underground injection control (UIC) facilities for which financial assurance for plugging and abandonment is required under Code of Federal Regulations, title 40, part 144, as amended. The current closure cost estimates as required by Code of Federal Regulations, title 40, section 144.62, as amended, are shown for each facility.
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year end financial statements for the latest completed fiscal year, ended [date].
[Fill in Alternative I if the criteria of Minnesota Rules, part 7045.0504, subpart 7, item B; 7045.0508, subpart 7, item B; 7045.0514, subpart 7, item B; 7045.0612, subpart 6, item B; 7045.0616, subpart 6, item B are used. Fill in Alternative II if the criteria of Minnesota Rules, part 7045.0504, subpart 7, item C; 7045.0508, subpart 7, item C; 7045.0514, subpart 7, item C; or 7045.0612, subpart 6, item C; or 7045.0616, subpart 6, item C are used.]
ALTERNATIVE I
ALTERNATIVE II
I hereby certify that the wording of this letter is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 6, as such rules were constituted on the date shown immediately below.
[SIGNATURE]
[NAME]
[TITLE]
[DATE]
**Subp. 7. Letter from chief financial officer for liability coverage.**
A letter from the chief financial officer as specified in part 7045.0518, subpart 6 or 7045.0620, subpart 5 must be worded as specified in this subpart, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
LETTER FROM CHIEF FINANCIAL OFFICER FOR LIABILITY COVERAGE OR LIABILITY COVERAGE, CORRECTIVE ACTION, CLOSURE, AND/OR POSTCLOSURE CARE
[Agency Commissioner]
Minnesota Pollution Control Agency
I am the chief financial officer of [firm's name and address]. This letter is in support of the use of the financial test to demonstrate financial responsibility for liability coverage [insert "and corrective action, closure, and/or postclosure care" if applicable] as specified in Minnesota Rules, parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624.
[Fill out the following paragraph regarding facilities and liability coverage. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its identification number, name, and address.]
The firm identified above is the owner or operator of the following facilities for which liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences is being demonstrated through the financial test specified in Minnesota Rules, parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624:
_ .
The firm identified above guarantees, through the corporate guarantee specified in Minnesota Rules, parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624, liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences at the following facilities owned or operated by the following subsidiaries of the firm:
_ .
[If you are using the financial test to demonstrate coverage of both liability and corrective action, closure, and postclosure care, fill in the following five paragraphs regarding facilities and associated corrective action, closure, and postclosure cost estimates. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its identification number, name, address, and current corrective action, closure, and/or postclosure cost estimates. Identify each cost estimate as to whether it is for corrective action, closure, or postclosure care.]
1. The firm identified above owns or operates the following facilities for which financial assurance for corrective action, closure, or postclosure care is demonstrated through the financial test specified in Minnesota Rules, parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624. The current corrective action, closure, and/or postclosure cost estimates covered by the test are shown for each facility:
_ .
2. The firm identified above guarantees, through the corporate guarantee specified in Minnesota Rules, part 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624, the corrective action, closure, and postclosure care of the following facilities owned or operated by its subsidiaries. The current cost estimates for the corrective action, closure, or postclosure care so guaranteed are shown for each facility:
_ .
3. In states other than Minnesota, this firm is demonstrating financial assurance for the corrective action, closure, or postclosure care of the following facilities either to the United States Environmental Protection Agency through the use of the financial test specified in Code of Federal Regulations, title 40, parts 264 or 265, subpart H, as amended, or to an authorized state through the use of a test equivalent or substantially equivalent to the specified financial test. The current corrective action, closure, and/or postclosure cost estimates covered by such a test are shown for each facility:
_ .
4. The firm identified above owns or operates the following hazardous waste management facilities for which financial assurance for corrective action, if required, closure, or, if a disposal facility, postclosure care, is not demonstrated either to the United States Environmental Protection Agency, or a state through the financial test or any other financial assurance mechanism specified in Code of Federal Regulations, title 40, parts 264 or 265, subpart H, as amended, or equivalent or substantially equivalent state mechanisms. The current corrective action, closure, and/or postclosure cost estimates not covered by such financial assurance are shown for each facility:
_ .
5. The firm identified above owns or operates the following underground injection control (UIC) facilities for which financial assurance for plugging and abandonment is required under Code of Federal Regulations, title 40, part 144, as amended. The current closure cost estimates as required by Code of Federal Regulations, title 40, section 144.62, as amended, are shown for each facility:
_ .
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year end financial statements for the latest completed fiscal year, ended [date].
[Fill in Part A if you are using the financial test to demonstrate coverage only for the liability requirements.]
Part A. Liability Coverage for Accidental Occurrences.
[Fill in Alternative I if the criteria of Minnesota Rules, part 7045.0518, subpart 6, item B or 7045.0620, subpart 5, item B are used. Fill in Alternative II if the criteria of Minnesota Rules, part 7045.0518, subpart 6, item C or 7045.0620, subpart 5, item C are used.]
ALTERNATIVE I
ALTERNATIVE II
Part B. Corrective Action, Closure, or Postclosure Care and Liability Coverage.
[Fill in Alternative I if the criteria of Minnesota Rules, parts 7045.0504, subpart 7, item B; 7045.0508, subpart 7, item B; 7045.0514, subpart 7, item B; and 7045.0518, subpart 6, item B are used or if the criteria of Minnesota Rules, parts 7045.0612, subpart 6, item B or 7045.0616, subpart 6, item B; and 7045.0620, subpart 5, item B are used. Fill in Alternative II if the criteria of Minnesota Rules, parts 7045.0504, subpart 7, item C; 7045.0508, subpart 7, item C; 7045.0514, subpart 7, item C; and 7045.0518, subpart 6, item C are used or if the criteria of Minnesota Rules, parts 7045.0612, subpart 6, item C; 7045.0616, subpart 6, item C; and 7045.0620, subpart 5, item C are used.]
ALTERNATIVE I
ALTERNATIVE II
I hereby certify that the wording of this letter is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 7, as the rules were constituted on the date shown immediately below.
[SIGNATURE]
[NAME]
[TITLE]
[DATE]
**Subp. 8. Corporate guarantee for corrective action, closure, or postclosure care.**
A corporate guarantee as specified in part 7045.0504, subpart 7; 7045.0508, subpart 7; 7045.0514, subpart 7; 7045.0612, subpart 6; or 7045.0616, subpart 6 must be worded as specified in this subpart, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
CORPORATE GUARANTEE FOR CORRECTIVE ACTION, CLOSURE, OR POSTCLOSURE CARE
Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of the state of [insert name of state], herein referred to as guarantor, to the Minnesota Pollution Control Agency (Agency), obligee, on behalf of our subsidiary [owner or operator] of [business address].
Recitals
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in Minnesota Rules, parts 7045.0504, subpart 7; 7045.0508, subpart 7; 7045.0514, subpart 7; 7045.0612, subpart 6; and 7045.0616, subpart 6.
2. [Owner or operator] owns or operates the following hazardous waste management facility(ies) covered by this guarantee: [List for each facility: identification number, name, and address. Indicate for each whether guarantee is for corrective action, closure, postclosure care, or a combination of the three.]
3. "Closure plans" and "postclosure plans" as used below refer to the plans maintained as required by Minnesota Rules, parts 7045.0486 to 7045.0494 and 7045.0594 to 7045.0606 for the closure and postclosure care of facilities as identified above. "Corrective action plans" as used below refers to the plans maintained as required by Minnesota Rules, part 7045.0484, subpart 2, item D; and subpart 14 for corrective action for the facilities as identified above.
4. For value received from [owner or operator], guarantor guarantees to the Agency that in the event that [owner or operator] fails to perform [insert "corrective action," "closure," "postclosure care," or any combination of the three] of the above facility(ies) in accordance with the corrective action, closure, or postclosure plans and other permit or interim status requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in Minnesota Rules, parts 7045.0498 to 7045.0524 or 7045.0608 to 7045.0624 as applicable, in the name of [owner or operator] in the amount of the current corrective action, closure, or postclosure cost estimates as specified in Minnesota Rules, parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within 90 days, by certified mail, notice to the Agency Commissioner and to [owner or operator] that he or she intends to provide alternate financial assurance as specified in Minnesota Rules, parts 7045.0498 to 7045.0524 or 7045.0608 to 7045.0624, as applicable, in the name of [owner or operator]. Within 120 days after the end of such fiscal year, the guarantor shall establish financial assurance unless [owner or operator] has done so.
6. The guarantor agrees to notify the Agency Commissioner by certified mail of a voluntary or involuntary proceeding under United States Code, title 11, Bankruptcy, as amended, naming guarantor as debtor, within ten days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by the Agency Commissioner of a determination that guarantor no longer meets the financial test criteria or that he or she is disallowed from continuing as a guarantor of corrective action, closure, or postclosure care, the guarantor shall establish alternate financial assurance as specified in Minnesota Rules, parts 7045.0498 to 7045.0524 or 7045.0608 to 7045.0624, as applicable, in the name of [owner or operator] unless [owner or operator] has done so.
8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following: amendment or modification of the corrective action, closure or postclosure plan, amendment or modification of the permit, the extension or reduction of the time of performance of corrective action, closure, postclosure, or any other modification or alteration of an obligation of the owner or operator pursuant to Minnesota Rules, parts 7045.0450 to 7045.0649.
9. Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] must comply with the applicable financial assurance requirements of Minnesota Rules, parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624 for the above listed facilities, except that guarantor may cancel this guarantee by sending notice by certified mail to the Agency Commissioner and to [owner or operator], the cancellation to become effective no earlier than 120 days after receipt of notice by both the Agency Commissioner and [owner or operator], as evidenced by the return receipts.
10. Guarantor agrees that if [owner or operator] fails to provide alternate financial assurance as specified in Minnesota Rules, parts 7045.0498 to 7045.0524 or 7045.0608 to 7045.0624, as applicable, and obtain written approval of such assurance from the Agency Commissioner within 90 days after a notice of cancellation by the guarantor is received by the Agency Commissioner from guarantor, guarantor shall provide alternate financial assurance in the name of [owner or operator].
11. Guarantor expressly waives notice of acceptance of this guarantee by the Agency or by [owner or operator]. Guarantor also expressly waives notice of amendments or modifications of the corrective action, closure, and/or postclosure plan and of amendments or modifications of the facility permit(s).
I hereby certify that the wording of this guarantee is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 8, as such rules were constituted on the date first above written.
Effective date: _______________
[NAME OF GUARANTOR]
[AUTHORIZED SIGNATURE FOR GUARANTOR]
[NAME OF PERSON SIGNING]
[TITLE OF PERSON SIGNING]
[SIGNATURE OF WITNESS OR NOTARY]
**Subp. 8a. Corporate guarantee for liability coverage.**
A corporate guarantee as specified in part 7045.0518, subpart 7, or 7045.0620, subpart 6, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
CORPORATE GUARANTEE FOR LIABILITY COVERAGE
Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of [if incorporated within the United States, insert "the State of _______________" and insert name of state; if incorporated outside the United States, insert the name of the country in which incorporated, the principal place of business within the United States, and the name and address of the registered agent in the state of the principal place of business], referred to in this guarantee as the guarantor. This guarantee is made on behalf of our subsidiary [owner or operator] of [business address], to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee.
Recitals
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in Minnesota Rules, parts 7045.0518, subpart 7, and 7045.0620, subpart 6.
2. [Owner or operator] owns or operates the following hazardous waste management facility(ies) covered by this guarantee: [List for each facility: Identification Number, name, and address; and if guarantor is incorporated outside the United States, list the name and address of the guarantor's registered agent in each state.] This corporate guarantee satisfies RCRA third party liability requirements for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences in above named owner or operator facilities for coverage in the amount of [insert dollar amount] for each occurrence and [insert dollar amount] annual aggregate.
3. For value received from [owner or operator], guarantor guarantees to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [sudden and/or nonsudden] accidental occurrences arising from operations of the facility(ies) covered by this guarantee that in the event that [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [sudden and/or nonsudden] accidental occurrences, arising from the operation of the above named facilities, or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor will satisfy such judgment(s), award(s), or settlement agreement(s), up to the limits of coverage identified above.
4. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert owner or operator] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law, or any similar law.
(c) Bodily injury to:
(1) an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or operator]; or
(2) the spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert owner or operator]. This exclusion applies:
(A) whether [insert owner or operator] may be liable as an employer or in any other capacity; and
(B) to any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to:
(1) any property owned, rented, or occupied by [insert owner or operator];
(2) premises that are sold, given away, or abandoned by [insert owner or operator] if the property damage arises out of any part of those premises;
(3) property loaned to [insert owner or operator];
(4) personal property in the care, custody, or control of [insert owner or operator]; or
(5) that particular part of real property on which [insert owner or operator] or any contractors or subcontractors working directly or indirectly on behalf of [insert owner or operator] are performing operations, if the property damage arises out of these operations.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within 90 days, by certified mail, notice to the commissioner and to [owner or operator] that (s)he intends to provide alternate liability coverage as specified in Minnesota Rules, parts 7045.0518 and 7045.0620, as applicable, in the name of [owner or operator]. Within 120 days after the end of that fiscal year, the guarantor shall establish the liability coverage unless [owner or operator] has done so.
6. The guarantor agrees to notify the commissioner by certified mail of a voluntary or involuntary proceeding under Title 11 (bankruptcy), United States Code, as amended, naming guarantor as debtor, within ten days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by the commissioner of a determination that guarantor no longer meets the financial test criteria or that (s)he is disallowed from continuing as a guarantor, (s)he shall establish alternate liability coverage as specified in Minnesota Rules, part 7045.0518 or 7045.0620 in the name of [owner or operator], unless [owner or operator] has done so.
8. Guarantor reserves the right to modify this agreement to take into account amendment or modification of the liability requirements established by Minnesota Rules, parts 7045.0518 and 7045.0620, but the modification becomes effective only if the commissioner does not disapprove the modification within 30 days of receipt of notification of the modification.
9. Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] must comply with the applicable requirements of Minnesota Rules, parts 7045.0518 and 7045.0620 for the above listed facility(ies), except as provided in paragraph 10 of this agreement.
10. Guarantor may terminate this guarantee by sending notice by certified mail to the commissioner and to [owner or operator] but this guarantee may not be terminated unless and until [owner or operator] obtains, and the commissioner approves alternate liability coverage complying with Minnesota Rules, parts 7045.0518 and/or 7045.0620.
11. Guarantor hereby expressly waives notice of acceptance of this guarantee by any party.
12. Guarantor agrees that this guarantee is in addition to and does not affect any other responsibility or liability of the guarantor with respect to the covered facilities.
13. The guarantor shall satisfy a third-party liability claim only on receipt of one of the following documents:
(a) Certification from the principal and the third-party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert principal] and [insert name and address of third-party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [principal's hazardous waste treatment, storage, or disposal facility] should be paid in the amount of $........
[Signatures]
Principal
(Notary) Date
[Signatures]
Claimant(s)
(Notary) Date
(b) A valid final court order establishing a judgment against the principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the principal's facility or group of facilities.
14. In the event of combination of this guarantee with another mechanism to meet liability requirements, this guarantee will be considered [insert "primary" or "excess"] coverage.
I hereby certify that the wording of the guarantee is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 8a.
Effective date: ____________
[Name of guarantor]
[Authorized signatures for guarantor]
[Names of persons signing]
[Titles of persons signing (Two corporate officers must sign for parent corporation.)]
Corporate resolution attached [(Attach resolution adopted by parent corporation authorizing parent corporation to provide the corporate guarantee for subsidiary)]
Signature of witness or notary:
_______________________________
**Subp. 9. Hazardous waste facility liability endorsement.**
A hazardous waste facility liability endorsement as required in part 7045.0518 or 7045.0620 must be worded as specified in this subpart, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
HAZARDOUS WASTE FACILITY LIABILITY ENDORSEMENT
1. This endorsement certifies that the policy to which the endorsement is attached provides liability insurance covering bodily injury and property damage in connection with the insured's obligation to demonstrate financial responsibility under Minnesota Rules, part 7045.0518 or 7045.0620. The coverage applies at [list identification number, name, and address for each facility] for [insert "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden and nonsudden accidental occurrences"; if coverage is for multiple facilities and the coverage is different for different facilities, indicate which facilities are insured for sudden accidental occurrences, which are insured for nonsudden accidental occurrences, and which are insured for both]. The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the insurer's liability] exclusive of legal defense costs.
2. The insurance afforded with respect to the occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions of the policy inconsistent with a. to e. are hereby amended to conform with a. to e.
a. Bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy to which this endorsement is attached.
b. The insurer is liable for the payment of amounts within any deductible applicable to the policy with a right of reimbursement by the insured for any such payment made by the insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in Minnesota Rules, part 7045.0518, subpart 6 or 7045.0620, subpart 5.
c. Whenever requested by the Minnesota Pollution Control Agency (Agency) Commissioner, the insurer agrees to furnish to the Agency Commissioner a signed duplicate original of the policy and all endorsements.
d. Cancellation of this endorsement, whether by the insurer or the insured, will be effective only upon written notice and only after the expiration of 60 days after a copy of written notice is received by the Agency Commissioner.
e. Any other termination of this endorsement will be effective only upon written notice and only after the expiration of 30 days after a copy of written notice is received by the Agency Commissioner.
Attached to and forming part of policy number ___________ issued by [name of insurer], herein called the insurer, of [address of insurer] to [name of insured] of [address] this _____ day of _________, 19___. The effective date of said policy is ______ day of __________, 19___.
I hereby certify that the wording of this endorsement is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 9, as the rule was constituted on the date first above written and that the insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
[SIGNATURE OF AUTHORIZED REPRESENTATIVE OF INSURER]
[TYPE NAME]
[TITLE], Authorized Representative of [NAME OF INSURER]
[ADDRESS OF REPRESENTATIVE]
**Subp. 10. Hazardous waste facility certificate of liability insurance.**
A certificate of liability insurance as required in part 7045.0518 or 7045.0620 must be worded as specified in this subpart, except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
HAZARDOUS WASTE FACILITY CERTIFICATE OF LIABILITY INSURANCE
1. [Name of insurer], (the "insurer"), of [address of insurer] hereby certifies that it has issued liability insurance covering bodily injury and property damage to [name of insured], (the "insured"), of [address of insured] in connection with the insured's obligation to demonstrate financial responsibility under Minnesota Rules, part 7045.0518 or 7045.0620. The coverage applies [list identification number, name, and address for each facility] for [insert "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden and nonsudden accidental occurrences"; if coverage is for multiple facilities and the coverage is different for different facilities, indicate which facilities are insured for sudden accidental occurrences, which are insured for nonsudden accidental occurrences, and which are insured for both]. The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the insurer's liability], exclusive of legal defense costs. The coverage is provided under policy number __________, issued on [date]. The effective date of the policy is [date].
2. The insurer further certifies the following with respect to the insurance described in 1.:
a. Bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations under the policy.
b. The insurer is liable for the payment of amounts within any deductible applicable to the policy with a right of reimbursement by the insured for any such payment made by the insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in Minnesota Rules, part 7045.0518, subpart 6 or 7045.0620, subpart 5.
c. Whenever requested by the Minnesota Pollution Control Agency (Agency) Commissioner, the insurer agrees to furnish to the Agency Commissioner a signed duplicate original of the policy and all endorsements.
d. Cancellation of the insurance, whether by the insurer or the insured, will be effective only upon written notice and only after the expiration of 60 days after a copy of written notice is received by the Agency Commissioner.
e. Any other termination of the insurance will be effective only upon written notice and only after the expiration of 30 days after a copy of written notice is received by the Agency Commissioner.
I hereby certify that the wording of this instrument is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 10, as the rule was constituted on the date first above written, and that the insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
[SIGNATURE OF AUTHORIZED REPRESENTATIVE OF INSURER]
[TYPE NAME]
[TITLE], Authorized Representative of [NAME OF INSURER]
[ADDRESS OF REPRESENTATIVE]
**Subp. 11. Letter of credit for liability coverage.**
A letter of credit, as specified in part 7045.0518, subpart 8, or 7045.0620, subpart 7, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
IRREVOCABLE STANDBY LETTER OF CREDIT
[Name and Address of Issuing Institution]
[Agency Commissioner]
Minnesota Pollution Control Agency
Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. ... in the favor of ["any and all third-party liability claimants" or insert name of trustee of the standby trust fund], at the request and for the account of [owner or operator's name and address] for third-party liability awards or settlements of ___________ [insert dollar amount of the letter of credit] per occurrence and the annual aggregate amount of ___________ [insert dollar amount of the letter of credit] for sudden accidental occurrences and/or for third-party liability awards or settlements of ___________ [insert dollar amount of the letter of credit] per occurrence and the annual aggregate amount of ___________ [insert dollar amount of the letter of credit] for nonsudden accidental occurrences available on presentation of a sight draft bearing reference to this letter of credit No. ..., and [insert the following language if the letter of credit is being used without a standby trust fund:
"(1) a signed certificate reading as follows:
CERTIFICATE OF VALID CLAIM
The undersigned, as parties [insert principal] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operations of [principal's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $........ We hereby certify that the claim does not apply to any of the following:
(a) Bodily injury or property damage for which [insert principal] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert principal] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal] under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) an employee of [insert principal] arising from, and in the course of, employment by [insert principal]; or
(2) the spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert principal].
This exclusion applies:
(A) whether [insert principal] may be liable as an employer or in any other capacity; and
(B) to any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to:
(1) any property owned, rented, or occupied by [insert principal];
(2) premises that are sold, given away, or abandoned by [insert principal] if the property damage arises out of any part of those premises;
(3) property loaned to [insert principal];
(4) personal property in the care, custody, or control of [insert principal]; or
(5) that particular part of real property on which [insert principal] or any contractors or subcontractors working directly or indirectly on behalf of [insert principal] are performing operations, if the property damage arises out of these operations.
[Signatures]
Grantor
[Signatures]
Claimant(s)
; or
(2) a valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities.
This letter of credit is effective as of [date] and shall expire on [date at least one year later], but such expiration date shall be automatically extended for a period of [at least one year] on [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify you, the commissioner, and [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us.
[Insert the following language if a standby trust fund is not being used: "In the event that this letter of credit is used in combination with another mechanism for liability coverage, this letter of credit shall be considered [insert "primary" or "excess" coverage."]
We certify that the wording of this letter of credit is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 11, as such rule was constituted on the date shown immediately below. [Signature(s) and title(s) of official(s) of issuing institution] [Date].
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the Uniform Commercial Code"].
**Subp. 12. Trust agreement for liability coverage.**
A. A trust agreement, as specified in part 7045.0518, subpart 9, or 7045.0620, subpart 8, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: TRUST AGREEMENT Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator] a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the State of _________" or "a national bank"], the "trustee." Whereas, the Minnesota Pollution Control Agency (Agency), an agency of the state of Minnesota, has established certain rules applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility or group of facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from operations of the facility or group of facilities. Whereas, the Grantor has elected to establish a trust to assure all or part of such financial responsibility for the facilities identified herein. Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee. Now, therefore, the Grantor and the Trustee agree as follows: Section 1. Definitions. As used in this Agreement: (a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor. (b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee. Section 2. Identification of Facilities. This agreement pertains to the facilities identified on attached schedule A [on Schedule A, for each facility list the EPA Identification Number, name, and address of the facility(ies) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement]. Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, hereinafter the "Fund," for the benefit of any and all third parties injured or damaged by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of ___________ [insert dollar amount of the fund] per occurrence and ________ [insert dollar amount of the fund] annual aggregate for sudden accidental occurrences and _________ [insert dollar amount of the fund] per occurrence and ________ [insert dollar amount of the fund] annual aggregate for nonsudden occurrences, except that the Fund is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert Grantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert Grantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert Grantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) an employee of [insert Grantor] arising from, and in the course of, employment by [insert Grantor]; or (2) the spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert Grantor]. This exclusion applies: (A) whether [insert Grantor] may be liable as an employer or in any other capacity; and (B) to any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft. (e) Property damage to: (1) any property owned, rented, or occupied by [insert Grantor]; (2) premises that are sold, given away, or abandoned by [insert Grantor] if the property damage arises out of any part of those premises; (3) property loaned to [insert Grantor]; (4) personal property in the care, custody, or control of [insert Grantor]; or (5) that particular part of real property on which [insert Grantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert Grantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Agency. Section 4. Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third party liability claim by making payments from the Fund only upon receipt of one of the following documents: (a) Certification from the Grantor and the third party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: CERTIFICATION OF VALID CLAIM The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[.......]. [Signatures] Grantor [Signatures] Claimant(s) (b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities. Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee. Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstance then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that: (a) securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall not be acquired or held unless they are securities or other obligations of the Federal or State government; (b) the Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government; and (c) the Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon. Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion: (a) to transfer from time to time any or all of the assets of the Fund to any common commingled, or collective trust fund created by the Trustee in which the fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and (b) to purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion. Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered: (a) to sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition; (b) to make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (c) to register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund; (d) to deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and (e) to compromise or otherwise adjust all claims in favor of or against the Fund. Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund. Section 10. Annual Valuations. The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Agency Commissioner a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Agency Commissioner shall constitute a conclusively binding assent by the Grantor barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement. Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel. Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor. Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Agency Commissioner, and the present Trustee by certified mail ten days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this section shall be paid as provided in Section 9. Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Agency Commissioner to the Trustee shall be in writing, signed by the Agency Commissioner, or the Commissioner's designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Agency hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Agency, except as provided for herein. Section 15. Notice of Nonpayment. If a payment for bodily injury or property damage is made under Section 4 of this trust, the Trustee shall notify the Grantor of such payment and the amount(s) thereof within five (5) working days. The Grantor shall, on or before the anniversary date of the establishment of the Fund following such notice, either make payments to the Trustee in amounts sufficient to cause the trust to return to its value immediately prior to the payment of claims under Section 4, or shall provide written proof to the Trustee that other financial assurance for liability coverage has been obtained equaling the amount necessary to return the trust to its value prior to the payment of claims. If the Grantor does not either make payments to the Trustee or provide the Trustee with such proof, the Trustee shall within ten working days after the anniversary date of the establishment of the Fund provide a written notice of nonpayment to the Agency Commissioner. Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Agency Commissioner, or by the Trustee and the Agency Commissioner if the Grantor ceases to exist. Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Agency Commissioner, or by the Trustee and the Agency Commissioner, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor. The Agency Commissioner will agree to termination of the Trust when the owner or operator substitutes alternate financial assurance as specified in this section. Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Agency Commissioner issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense. Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to the laws of the State of Minnesota. Section 20. Interpretation. As used in Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement. In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in part 7045.0524, subpart 12, as such regulations were constituted on the date first above written. [Signature of Grantor] [Title] Attest: [Title] [Seal] [Signature of Trustee] Attest: [Title] [Seal]
B. The following is an example of the certification of acknowledgment which must accompany the trust agreement for a trust fund as specified in parts 7045.0518, subpart 9, or 7045.0620, subpart 8. On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. [Signature of Notary Public]
**Subp. 13. Standby trust agreement for liability coverage.**
A. A standby trust agreement, as specified in part 7045.0518, subpart 8, or 7045.0620, subpart 7, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: STANDBY TRUST AGREEMENT Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator] a [name of a State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert, "incorporated in the State of ____________" or "a national bank"], the "trustee." Whereas, the Minnesota Pollution Control Agency (Agency), an agency of the State of Minnesota, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility or group of facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from operations of the facility or group of facilities. Whereas, the Grantor has elected to establish a standby trust into which the proceeds from a letter of credit may be deposited to assure all or part of such financial responsibility for the facilities identified herein. Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee. Now, therefore, the Grantor and the Trustee agree as follows: Section 1. Definitions. As used in this Agreement: (a) The term Grantor means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor. (b) The term Trustee means the Trustee who enters into this Agreement and any successor Trustee. Section 2. Identification of Facilities. This Agreement pertains to the facilities identified on attached Schedule A [on Schedule A, for each facility list the identification number, name, and address of the facility(ies) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement]. Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a standby trust fund, hereafter the "Fund," for the benefit of any and all third parties injured or damaged by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of ____________ [insert dollar amount of the fund] per occurrence and ____________ [insert dollar amount of the fund] annual aggregate for sudden accidental occurrences and ____________ [insert dollar amount of the fund] per occurrence and ____________ [insert dollar amount of the fund] annual aggregate for nonsudden occurrences, except that the Fund is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert Grantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert Grantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert Grantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) an employee of [insert Grantor] arising from, and in the course of, employment by [insert Grantor]; or (2) the spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert Grantor]. This exclusion applies: (A) whether [insert Grantor] may be liable as an employer or in any other capacity; and (B) to any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft. (e) Property damage to: (1) any property owned, rented, or occupied by [insert Grantor]; (2) premises that are sold, given away, or abandoned by [insert Grantor] if the property damage arises out of any part of those premises; (3) property loaned by [insert Grantor]; (4) personal property in the care, custody, or control of [insert Grantor]; or (5) that particular part of real property on which [insert Grantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert Grantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The Fund is established initially as consisting of the proceeds of the letter of credit deposited into the Fund. Such proceeds and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Agency. Section 4. Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third-party liability claim by drawing on the letter of credit described in Schedule B and by making payments from the Fund only upon receipt of one of the following documents: (a) Certification from the Grantor and the third-party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: CERTIFICATION OF VALID CLAIM The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] hazardous waste treatment, storage, or disposal facility should be paid in the amount of $[_______]. [Signature] Grantor [Signature(s)] Claimant(s) (b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities. Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of the proceeds from the letter of credit drawn upon by the Trustee in accordance with the requirements of Minnesota Rules, part 7045.0524, subpart 11, and Section 4 of this Agreement. Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge the trustee's duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that: (a) securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, United States Code, title 15, section 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or State government; (b) the Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or a State government; and (c) the Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon. Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion: (a) to transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and (b) to purchase shares in any investment company registered under the Investment Company Act of 1940, United States Code, title 15, section 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion. Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of the Agreement or by law, the Trustee is expressly authorized and empowered: (a) to sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition; (b) to make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (c) to register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve Bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund; (d) to deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and (e) to compromise or otherwise adjust all claims in favor of or against the Fund. Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements to the Trustee shall be paid from the Fund. Section 10. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel. Section 11. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor. Section 12. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment; the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Agency Commissioner and the present Trustee by certified mail ten days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9. Section 13. Instructions to the Trustee. All orders, requests, certifications of valid claims, and instructions to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Agency Commissioner hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Agency, except as provided for herein. Section 14. Amendment of Agreement. This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Agency Commissioner, or by the Trustee and the Agency Commissioner if the Grantor ceases to exist. Section 15. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Agency Commissioner, or by the Trustee and the Agency Commissioner, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be paid to the Grantor. The Agency Commissioner will agree to termination of the Trust when the owner or operator substitutes alternative financial assurance as specified in this section. Section 16. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor and the Agency Commissioner issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense. Section 17. Choice of Law. This Agreement shall be administered, construed, and enforced in accordance with the laws of the State of Minnesota. Section 18. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation of the legal efficacy of this Agreement. In Witness Whereof, the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in Minnesota Rules, part 7045.0524, subpart 13, as such rule was constituted on the date first above written. [Signature of Grantor] [Title] Attest: [Title] [Seal] [Signature of Trustee] Attest: [Title] [Seal]
B. The following is an example of the certification of acknowledgment which must accompany the trust agreement for a standby trust fund as specified in parts 7045.0518, subpart 8, or 7045.0620, subpart 7. On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. [Signature of Notary Public]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 577; 17 SR 1279; 20 SR 715; 22 SR 5; 29 SR 947; 33 SR 2042*
##### **Minn. R. 7045.0526** Use and Management of Containers {#sec-7045.0526 omnilex-key=us-mn-regs-official--agency-167--7045.0526}
**Subpart 1. Scope.**
This part applies to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as part 7045.0450 provides otherwise. Under part 7045.0127 and Code of Federal Regulations, title 40, section 261.33 (c), as incorporated in part 7045.0135, if a hazardous waste is emptied from a container, the residue remaining in the container is not considered a hazardous waste if the container is empty, as defined in part 7045.0127. In that event, management of the container is exempt from the requirements of this part.
**Subp. 2. Condition of containers.**
Containers used to store hazardous waste must meet the following requirements:
A. be of sturdy leakproof construction, adequate wall thickness, adequate weld, hinge, and seam strength and sufficient strength to withstand side and bottom shock, while filled, without impairment of the ability of the container to fully contain the hazardous waste; and
B. have lids, caps, hinges, or other closure devices of sufficient strength and construction so that when closed they will withstand dropping, overturning, or other shock without impairment of the container's ability to fully contain the hazardous waste. If a container holding hazardous waste does not meet the requirements of items A and B, or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that does meet the requirements of items A and B or manage the waste in some other way that complies with the requirements of this part.
**Subp. 3. Compatibility of waste with container.**
The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored and other substances that the container may foreseeably contact, so that the ability of the container to contain the waste is not impaired.
**Subp. 4. Management of containers.**
A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste or when a generator is treating hazardous waste in that container in accordance with part 7045.0450, subpart 3, item K, or 7045.0552, subpart 3, item K.
A container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak. Reuse of containers is governed by the United States Department of Transportation regulations, including those set forth in Code of Federal Regulations, title 49, section 173.28, as amended.
If exposure of the containers to moisture or direct sunlight may create a hazardous condition or adversely affect the container's ability to contain the hazardous waste, the owner or operator must store the containers in an area with overhead roofing or other covering that does not obstruct the visibility of the labels.
**Subp. 4a. Labeling of containers.**
Containers must be clearly labeled with the words "Hazardous Waste" and a description that clearly identifies their contents to employees and emergency personnel. If it is not possible for the labels to be clearly visible for inspection, the information on the labels must be accessible in some other form that will allow ready identification of the contents without having to move the containers.
**Subp. 5. Inspections.**
At least weekly, the owner or operator shall inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. The owner or operator shall comply with subpart 2, and part 7045.0452, subpart 5, item D if remedial action is required because deterioration or leaks are detected.
**Subp. 6. Containment.**
Requirements for containment systems are as described in items A to E.
A. Container storage areas must have a containment system that is capable of collecting and holding spills, leaks, and precipitation. The containment system must:
B. Run-on into the containment system must be prevented, unless the agency waives this requirement in the permit after determining that the collection system has sufficient excess capacity in addition to that required in item A, subitem (3) to accommodate any run-on which might enter the system.
C. Spilled or leaked waste and accumulated precipitation must be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system. If the collected material is a hazardous waste as defined in parts 7045.0102 to 7045.0155, it must be managed as a hazardous waste in accordance with parts 7045.0205 to 7045.1030. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of section 402 of the federal Clean Water Act, as amended.
D. Except as provided by item E, storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by item A if:
E. Storage areas that store containers holding wastes F020, F021, F022, F023, F026, F027, and F028 from part 7045.0135, subpart 1a, item B, that do not contain free liquids must have a containment system defined by item A.
**Subp. 7. Special requirements for ignitable or reactive waste.**
Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line when physically possible based on the dimensions of the property. When it is not physically possible to place containers at least 50 feet from the property line, based on the dimensions of the property, the ignitable or reactive waste must be placed at least as far as the specified minimum distance from property line found in the Minnesota State Fire Code, chapter 7510. Nothing in this subpart shall relieve the facility owner or operator from the obligation to comply with any local, state, or federal law governing storage of these wastes.
**Subp. 8. Special requirements for incompatible wastes.**
Incompatible wastes or incompatible wastes and material must not be placed in the same container, unless compliance with part 7045.0456, subpart 2, is achieved.
Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material. As required by part 7045.0458, the waste analysis plan must include analyses needed to comply with these special requirements. Part 7045.0456, subpart 3, also requires waste analyses, trial tests, or other documentation to ensure compliance with part 7045.0456, subpart 2. As required by part 7045.0478, the owner or operator shall place the results of each waste analysis, trial test, and any other documented information in the operating record of the facility.
A storage container holding a hazardous waste that is incompatible with any waste or other materials located nearby must be adequately separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
**Subp. 9. Closure.**
At closure, all hazardous waste and hazardous waste residues must be removed from the containment system. Remaining containers, liners, floors, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed. At closure and throughout the operating period, unless the owner or operator can demonstrate that the waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of parts 7045.0205 to 7045.1030.
**Subp. 10. Air emission standards.**
The owner or operator must manage all hazardous waste placed in a container in accordance with parts 7045.0540, 7045.0549, and 7045.0551.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 10 SR 1212; 14 SR 2248; 16 SR 2102; 18 SR 1565; 20 SR 715; 22 SR 5; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0528** Tank Systems {#sec-7045.0528 omnilex-key=us-mn-regs-official--agency-167--7045.0528}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that use tank systems, including tank systems, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in part 7045.0020 and regulated under part 7045.0541, to treat or store hazardous waste, except as part 7045.0450, and items A and B provide otherwise.
A. Tank systems that are used to store or treat hazardous waste that contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in subpart 4. To demonstrate the absence or presence of free liquids in the stored or treated waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated in part 7045.0065, item D.
B. Tank systems, including sumps, as defined in part 7045.0020, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempt from the requirements in subpart 4.
**Subp. 2. Assessment of existing tank system's integrity.**
The following requirements apply to existing tank systems:
A. For each existing tank system that does not have secondary containment meeting the requirements of subpart 4, the owner or operator must determine whether the tank system is leaking or is unfit for use. Except as provided in item C, the owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified registered professional engineer, that attests to the tank system's integrity. The certification must include the statements in parts 7001.0070 and 7001.0540.
B. This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the wastes to be stored or treated to ensure that it will not collapse, rupture, or fail. This assessment must consider the following:
C. Owners or operators of tank systems that were required to conduct this assessment by Code of Federal Regulations, title 40, section 264.191(a), as amended, must conduct and keep this assessment on file as required by that section. Owners or operators of all other existing tank systems must conduct this assessment by February 8, 1990. Owners or operators of tank systems that store or treat materials that become hazardous wastes must conduct this assessment within 12 months after the date the waste becomes a hazardous waste.
D. If, as a result of the assessment conducted in accordance with item A, a tank system is found to be leaking or unfit for use, the owner or operator must comply with the requirements of subpart 8.
**Subp. 3. Design and installation of new tank systems or components.**
New tank systems and components must be designed as follows:
A. Owners or operators of new tank systems or components must obtain and submit a written assessment, reviewed and certified by an independent, qualified registered professional engineer, attesting that the tank system has sufficient structural integrity and is acceptable for storing and treating hazardous waste. The owners or operators of tank systems that were required to conduct this assessment by Code of Federal Regulations, title 40, section 264.192(a), must submit this assessment as required by that regulation. Owners or operators of other new tank systems must submit this assessment to the commissioner at the time of submittal of Part B information. The certification must include the statements in parts 7001.0070 and 7001.0540. The assessment must show that the foundation, structural support, seams, connections, and pressure controls, if applicable, are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste to be stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or fail. This assessment, which will be used by the commissioner to review and approve or disapprove the acceptability of the tank system design, must include the following information:
B. The owner or operator of a new tank system must ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Before covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, registered professional engineer, either of whom is trained and experienced in the proper installation of tank systems or components, must inspect the system for the presence of weld breaks, punctures, scrapes of protective coatings, cracks, corrosion, or other structural damage or inadequate construction or installation. All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.
C. New tank systems or components that are placed underground and that are backfilled must be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.
D. All new tanks and ancillary equipment must be tested for tightness before being covered, enclosed, or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leaks in the system must be performed before the tank system is covered, enclosed, or placed into use.
E. Ancillary equipment must be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction.
F. The owner or operator must provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under item A, subitem (3), or other corrosion protection if the commissioner believes other corrosion protection is necessary to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated must be supervised by an independent corrosion expert to ensure proper installation.
G. The owner or operator must obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of items A to F that attest that the tank system was properly designed and installed and that repairs under items B and D were performed. The certification must include the statements in parts 7001.0070 and 7001.0540.
**Subp. 4. Containment and detection of releases.**
The following requirements apply to the containment and detection of releases from tanks:
A. In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this part must be provided, except as provided in item H.
B. Secondary containment systems must be:
C. To meet the requirements of item B, secondary containment systems must be:
D. Unless a petition is granted under part 7045.0075, subpart 7, secondary containment for tanks must include one or more of the following devices:
E. In addition to the requirements of items B, C, and D, an external liner system of secondary containment systems must be:
F. In addition to the requirements of items B, C, and D, a vault system must be:
G. In addition to the requirements of items B, C, and D, double walled tanks must be:
H. Ancillary equipment must be provided with secondary containment, such as trench, jacketing, or double walled piping, that meets the requirements of items B and C, except for:
**Subp. 5.**
[Repealed, 20 SR 715]
**Subp. 6. General operating requirements.**
A. Hazardous wastes or treatment reagents must not be placed in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, leak, corrode, or otherwise fail.
B. The owner or operator must use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include:
C. The owner or operator must comply with the requirements of subpart 8 if a leak or spill occurs in the tank system.
**Subp. 7.**
MR 1987 [Renumbered 7045.0528, subpart 10]
**Subp. 7. Inspections.**
The following requirements apply to inspections:
A. The owner or operator must develop and follow a schedule and procedure for inspecting overfill controls.
B. The owner or operator must inspect at least once each operating day:
C. The owner or operator must inspect cathodic protection systems, if present, according to the following schedule to ensure that they are functioning properly:
D. The owner or operator must document in the operating record of the facility an inspection of those items in items A to C.
**Subp. 8.**
MR 1987 [Renumbered 7045.0528, subpart 11]
**Subp. 8. Response to leaks or spills and disposition of leaking or unfit for use tank systems.**
The owner or operator of a tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must satisfy the following requirements:
A. The owner or operator must immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
B. Removal of waste from tank system or secondary containment system:
C. The owner or operator must immediately conduct a visual inspection of the release and, based upon that inspection:
D. Notification and reports.
E. Provision of secondary containment, repair, or closure.
F. If the owner or operator has repaired a tank system in accordance with item E and the repair has been extensive, such as installation of an internal liner or repair of a ruptured primary containment or secondary containment vessel, the tank system must not be returned to service unless the owner or operator has obtained a certification by an independent, qualified, registered professional engineer that the repaired system is capable of handling hazardous wastes without release. This certification must be submitted to the commissioner before returning the tank system to use and must include the statements in parts 7001.0070 and 7001.0540.
**Subp. 9.**
MR 1987 [Repealed, 13 SR 259]
**Subp. 9. Closure and postclosure care.**
The requirements for closure and postclosure care of tank systems are as follows:
A. At closure of a tank system, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components, such as liners, contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste unless it can be demonstrated that they are not a hazardous waste. Metal tanks and tank system components that have been decontaminated in accordance with an approved closure plan prepared in accordance with part 7045.0486, subpart 3, or 7045.0594, subpart 3, must be considered scrap metal for purposes of part 7045.0125, subpart 4, and if recycled, are not subject to parts 7045.0205 to 7045.0685. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems must meet all of the requirements of parts 7045.0486 to 7045.0524.
B. If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in item A, then the owner or operator must close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements of part 7045.0538, subpart 7. In addition, for the purposes of closure, postclosure, and financial responsibility, the tank system is then considered to be a landfill, and the owner or operator must meet all of the requirements of parts 7045.0486 to 7045.0524.
C. If an owner or operator has a tank system that does not have secondary containment that meets the requirements of subpart 4, items B to F, and has not been granted a petition under part 7045.0075, subpart 6 or 7, then:
**Subp. 10. Special requirements for ignitable or reactive waste.**
Ignitable or reactive waste must not be placed in a tank unless:
A. the waste is treated, rendered, or mixed before or immediately after placement in the tank so that the resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under part 7045.0131, subparts 2 and 5, and compliance with part 7045.0456, subpart 2 is maintained;
B. the waste is stored or treated in such a way that it is protected from any materials or conditions which may cause the waste to ignite or react; or
C. the tank is used solely for emergencies. The owner or operator of a facility that treats or stores ignitable or reactive waste in a tank shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjoining property line that can be built upon, as required in the buffer zone requirements for tanks contained in the Minnesota State Fire Code, chapter 7510. As required by part 7045.0458, the waste analysis plan must include analyses needed to comply with these special requirements for ignitable or reactive waste. Additional requirements for ignitable and reactive wastes are contained in part 7045.0456, subpart 1. Part 7045.0456, subpart 3 also requires waste analysis, trial tests, or other documentation to ensure compliance with part 7045.0456, subpart 2. As required by part 7045.0478, the owner or operator shall place the results of each waste analysis and trial test, and any documented information, in the operating record of the facility.
**Subp. 11. Special requirements for incompatible wastes.**
Incompatible wastes or incompatible wastes and materials, must not be placed in the same tank, unless compliance with part 7045.0456, subpart 2 is maintained.
Hazardous waste must not be placed in a tank system that has not been decontaminated and which previously held an incompatible waste or material, unless compliance with part 7045.0456, subpart 2 is maintained. As required by part 7045.0458, the waste analysis plan must include analyses needed to comply with these special requirements for incompatible wastes. Part 7045.0456, subpart 3 also requires waste analyses, trial tests, or other documentation to ensure compliance with part 7045.0456, subpart 2. As required by part 7045.0478, the owner or operator shall place the results of each waste analysis and trial test, and any documented information, in the operating record of the facility.
**Subp. 12. Air emission standards.**
The owner or operator of a facility must manage all hazardous waste placed in a tank in accordance with parts 7045.0540, 7045.0549, and 7045.0551.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1212; L 1987 c 186 s 15; 13 SR 259; 15 SR 1515; 18 SR 1751; 20 SR 715; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0530** [Repealed by amendment, 9 SR 115] {#sec-7045.0530 omnilex-key=us-mn-regs-official--agency-167--7045.0530}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0532** Surface Impoundments {#sec-7045.0532 omnilex-key=us-mn-regs-official--agency-167--7045.0532}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as part 7045.0450 provides otherwise.
**Subp. 2. Locational requirements.**
Locational requirements are as follows:
A. A surface impoundment must not be located in an area characterized by surficial karst features.
B. The owner or operator of a proposed or existing surface impoundment shall submit to the agency with the permit application a hydrogeologic report which provides sufficient information and detail on the site's topography, soils, geology, surface hydrology, and ground water hydrology to evaluate the facility's actual and potential effects on subsoils, surface water, and ground water. This report must include:
C. A surface impoundment, including its underlying liners, must be located entirely above the seasonal high water table.
**Subp. 3. Design and operating requirements.**
Design and operating requirements are as follows:
A. A surface impoundment must have a double liner system that is designed, constructed, and installed to prevent migration of waste out of the impoundment to the adjacent soil or ground water or surface water at any time during the active life, including the closure and postclosure periods, of the impoundment. The double liner system must consist of two liners with a leak detection, collection, and removal system between the liners. This system must be designed, constructed, maintained, and operated to detect, collect, and remove liquids from the space between the liners, without clogging, through the scheduled postclosure care period of the surface impoundment. The liners must conform to the requirements of item B or C, as appropriate, and must be:
B. For any surface impoundment that is not covered by item C or part 7045.0630, the liners may be constructed of materials that may allow wastes to migrate into the liner, but not into the adjacent subsurface soil or drainage layer or ground water or surface water provided that the impoundment is closed according to subpart 7, item A, subitem (1). For impoundments that will be closed according to subpart 7, item A, subitem (2), at least one liner must be constructed of materials that can prevent wastes from migrating into the liner.
C. The owner or operator of each new surface impoundment unit on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992, and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992, must install two or more liners and a leachate collection and removal system between such liners. "Construction commences" and "existing facility" are defined in part 7045.0020.
D. A surface impoundment must be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind and water action; rainfall; run-on; malfunctions of level controllers, alarms, and other equipment; and human error.
E. A surface impoundment must have dikes that are designed, constructed, and maintained with sufficient structural integrity to prevent massive failure of the dikes. Massive failure of the dikes means any uncontrolled flow of hazardous waste from the surface impoundment. In ensuring structural integrity, it must not be presumed that the liner system will function without leakage during the active life of the unit.
F. The owner or operator of a surface impoundment shall have a method of emptying its wastes in an emergency. Acceptable methods include backup surface impoundments or tanks.
G. The owner or operator of a surface impoundment shall submit to the agency with the permit application a plan for the treatment and disposal of leachate which is removed from the surface impoundment.
H. An owner or operator may petition for alternate design and operating practices under part 7045.0075, subpart 12.
I. The agency shall specify in the permit all design and operating practices that are necessary to ensure that the requirements of items A to H are satisfied.
J. The commissioner shall approve alternative design or operating practices to those specified in item C if the owner or operator demonstrates to the commissioner that such design and operating practices, together with location characteristics:
K. The owner or operator of any replacement surface impoundment unit is exempt from item C if:
**Subp. 4. Leak detection.**
If liquids are detected in the leak detection, collection, and removal system, the owner or operator shall notify the commissioner of that fact in writing within seven days after detecting the liquids and:
A. within a period of time specified in the permit, remove accumulated liquids, repair or replace any liner which is leaking to prevent the migration of liquids through the liner, and obtain a certification from a qualified engineer that, to the best of the engineer's knowledge and opinion, the leak has been stopped; or
B. remove accumulated liquids and begin to comply with the monitoring requirements of part 7045.0484, subpart 12, item E within a time specified in the permit. The owner or operator shall continue to remove accumulated liquids from the leak detection, collection, and removal system during the active life and the postclosure care period of the surface impoundment.
C. The agency shall specify in the permit the design and operating practices that are necessary to ensure that the requirements of item A or B are satisfied.
**Subp. 4a. Action leakage rate.**
A. The commissioner shall approve an action leakage rate for surface impoundment units subject to subpart 3, item C or H. The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
B. To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under subpart 5, item E, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and if the unit is closed in accordance with subpart 7, item B, monthly during the postclosure care period when monthly monitoring is required under subpart 5, item E.
**Subp. 4b. Response actions.**
A. The owner or operator of surface impoundment units subject to subpart 3, item C or H, must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in item B.
B. If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
C. To make the leak and/or remediation determinations in item B, subitems (3) to (5), the owner or operator must:
**Subp. 5. Monitoring and inspection.**
Monitoring and inspection requirements are as follows:
A. During construction and installation, liners and cover systems, such as membranes, sheets, or coatings, must be inspected for uniformity, damage, and imperfections, such as holes, cracks, thin spots, or foreign materials. Immediately after construction or installation and for liners prior to the placement of waste into the impoundment:
B. While a surface impoundment is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
C. Prior to the issuance of a permit, and after any extended period of time, at least six months, during which the impoundment is not in service, the owner or operator of an existing surface impoundment shall obtain a certification from a qualified engineer that the impoundment's dike, including that portion of any dike which provides freeboard, has structural integrity. For a new surface impoundment, the owner or operator shall obtain the certification upon completion of construction in accordance with the plans and specifications, prior to the placement of waste into the impoundment. The certification must establish, in particular, that the dike:
D. Prior to the issuance of a permit, after any dredging activities, and after any extended period of time, at least six months, during which the impoundment is not in service, the owner or operator shall obtain certification from a qualified engineer that the uppermost liner and the leak detection, collection, and removal system is intact and remains at design specifications. For a new surface impoundment, the owner or operator shall obtain the certification upon completion of construction in accordance with the plans and specifications, prior to the placement of waste into the impoundment. This certification must address both liners.
E. Leak detection system sump monitoring.
**Subp. 6. Emergency repairs, contingency plans.**
Emergency repairs and contingency plans are as follows:
A. A surface impoundment must be removed from service in accordance with item B if:
B. If a surface impoundment must be removed from service as required by item A, the owner or operator shall:
C. As part of the contingency plan required in part 7045.0466 the owner or operator shall specify a procedure for complying with the requirements of item B.
D. No surface impoundment that has been removed from service in accordance with the requirements of items A to C may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken:
E. A surface impoundment that has been removed from service in accordance with the requirements of items A to C and that is not being repaired must be closed according to subpart 7.
**Subp. 7. Closure and postclosure care.**
The requirements of closure and postclosure care are as follows:
A. At closure, the owner or operator shall:
B. If waste residues or contaminated materials are left in place at final closure, the owner or operator shall comply with the postclosure requirements contained in parts 7045.0490 to 7045.0496, including maintenance and monitoring throughout the postclosure care period specified in the permit under part 7045.0490. The owner or operator shall:
C. If an owner or operator plans to close a surface impoundment in accordance with item A, subitem (1) and the impoundment does not comply with the liner requirements of subpart 3, item A, then:
D. The cost estimates calculated under parts 7045.0502 and 7045.0506 for closure and postclosure care of an impoundment subject to item C must include the cost of complying with the contingent closure plan and the contingent postclosure plan, as well as the cost of expected closure under item A, subitem (1).
E. During the postclosure care period, if liquids are detected in a leak detection, collection, and removal system, the owner or operator shall:
**Subp. 8. Special requirements for ignitable or reactive waste.**
Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of part 7045.1390, and:
A. the waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under part 7045.0131, subparts 2 and 5, and compliance with part 7045.0456, subpart 2 is maintained;
B. the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; or
C. the surface impoundment is used solely for emergencies.
**Subp. 9. Special requirements for incompatible wastes.**
Incompatible wastes, or incompatible wastes and materials, must not be placed in the same surface impoundment unless compliance with part 7045.0456, subpart 2 is maintained. For examples of potentially incompatible wastes, or incompatible waste and materials, see part 7045.0543, subpart 1, item C.
**Subp. 10. Special requirements for hazardous wastes F020, F021, F022, F023, F026, F027, and F028.**
The following requirements apply to the hazardous wastes indicated:
A. Hazardous waste F020, F021, F022, F023, F026, and F027 listed under part 7045.0135, subpart 1a, item B, must not be placed in a surface impoundment.
B. Hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, must not be placed in surface impoundments unless the owner or operator operates the surface impoundment in accordance with all applicable requirements of this part and in accordance with a management plan that is approved by the commissioner considering the following factors:
C. The commissioner shall impose additional design, operating, and monitoring requirements if the commissioner finds that additional requirements are necessary for surface impoundments used to treat, store, or dispose of hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
**Subp. 11. Air emission standards.**
The owner or operator must manage all hazardous waste placed in a surface impoundment in accordance with parts 7045.0540 and 7045.0551.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1212; L 1987 c 186 s 15; 15 SR 1877; 16 SR 2102; 16 SR 2239; 17 SR 1279; 18 SR 1565; 18 SR 1886; 33 SR 2042*
##### **Minn. R. 7045.0534** Waste Piles {#sec-7045.0534 omnilex-key=us-mn-regs-official--agency-167--7045.0534}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that store or treat hazardous waste in piles, except as part 7045.0450 provides or as otherwise provided in this subpart.
The requirements of this part do not apply to owners or operators of waste piles that are closed with wastes left in place. Such waste piles are subject to regulation under part 7045.0538.
The owner or operator of a waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to subparts 2, items A and B; 3; or part 7045.0484 if:
A. liquids or materials containing free liquids are not placed in the pile;
B. the pile is protected from surface water run-on by the structure or in some other manner;
C. the pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting; and
D. the pile will not generate leachate through decomposition or other reactions.
**Subp. 2. Locational requirements.**
Locational requirements are as follows:
A. A waste pile must not be located in an area characterized by surficial karst features.
B. The owner or operator of a proposed or existing waste pile shall submit to the agency with the permit application a hydrogeologic report which provides sufficient information and detail on the site's topography, soils, geology, surface hydrology, and ground water hydrology to evaluate the facility's actual and potential effects on subsoils, surface water, and ground water. This report must include:
C. A waste pile, including its underlying liners, must be located entirely above the seasonal high water table.
**Subp. 3. Design and operating requirements.**
Design and operating requirements are as follows:
A. A waste pile must have a liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or ground water or surface water at any time during the active life, including the closure period, of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself, but not into the adjacent subsurface soil or ground water or surface water, during the active life, including the closure period, of the facility. The liner must be:
B. A waste pile must have a leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The agency shall specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 centimeters (one foot) at any point. The leachate collection and removal system must be:
C. The owner or operator of each new waste pile unit on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each replacement of an existing waste pile unit that is to commence reuse after July 29, 1992, must install two or more liners and a leachate collection and removal system above and between such liners. "Construction commences" and "existing facility" are defined in part 7045.0020.
D. The commissioner shall approve alternative design or operating practices to those specified in item C if the owner or operator demonstrates to the commissioner that such design and operating practices, together with location characteristics:
E. The owner or operator of any replacement waste pile unit is exempt from item C if:
F. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 100-year storm.
G. The owner or operator shall design, construct, operate, and maintain a runoff management system to collect and control at least the water volume resulting from a 24-hour, 100-year storm.
H. Collection and holding facilities, such as tanks or basins, associated with run-on and runoff control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
I. If the pile contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the pile to control wind dispersal of hazardous waste.
J. The owner or operator of a waste pile shall submit to the agency with the permit application a plan for the treatment and disposal of runoff contained in the runoff management system and leachate which is removed from the waste pile.
K. An owner or operator may petition for alternate design or operating practices under part 7045.0075, subpart 12.
L. The agency shall specify in the permit all design and operating practices that are necessary to ensure that the requirements of items A to H are satisfied.
**Subp. 4.**
[Repealed, 11 SR 1832]
**Subp. 4a. Action leakage rate.**
A. The commissioner shall approve an action leakage rate for waste pile units subject to subpart 3, item C or D. The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
B. To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly flow rate from the monitoring data obtained under subpart 6, item C, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period.
**Subp. 5.**
[Repealed, 11 SR 1832]
**Subp. 5a. Response actions.**
A. The owner or operator of waste pile units subject to subpart 3, item C or D, must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in item B.
B. If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
C. To make the leak and/or remediation determinations in item B, subitems (3) to (5), the owner or operator must:
**Subp. 6. Monitoring and inspection.**
Monitoring and inspection requirements are as follows:
A. During construction or installation, liners and cover systems, such as membranes, sheets, or coatings, must be inspected for uniformity, damage, and imperfections such as holes, cracks, thin spots, or foreign materials. Immediately after construction or installation:
B. While a waste pile is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
C. An owner or operator required to have a leak detection system under subpart 3, item C, must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
**Subp. 7. Closure and postclosure care.**
Closure and postclosure requirements are as follows:
A. At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components including liners, contaminated subsoils, and structures and equipment contaminated with waste and leachate; and manage them as hazardous waste unless they are shown to not be hazardous in accordance with parts 7045.0102 to 7045.0155.
B. If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in item A, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he or she must close the facility and perform postclosure care in accordance with the closure and postclosure care requirements that apply to landfills, part 7045.0538, subpart 7.
C. The owner or operator of a waste pile that does not comply with the liner requirements of subpart 3, item A and is not exempt from them in accordance with subpart 1 shall:
D. The cost estimates calculated under parts 7045.0502 and 7045.0506 for closure and postclosure care of a pile subject to item C must include the cost of complying with the contingent closure plan and the contingent postclosure plan, as well as the cost of expected closure under item A.
**Subp. 8. Special requirements for ignitable or reactive waste.**
Ignitable or reactive waste must not be placed in a waste pile unless the waste and waste pile satisfy all applicable requirements of part 7045.1390, and:
A. the waste is treated, rendered, or mixed before or immediately after placement in the pile so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under part 7045.0131, subpart 2 or 5, and compliance with part 7045.0456, subpart 2 is maintained; or
B. the waste is managed to protect it from material or conditions which may cause it to ignite or react.
**Subp. 9. Special requirements for incompatible wastes.**
Incompatible wastes, or incompatible wastes and materials, must not be placed in the same pile unless compliance with part 7045.0456, subpart 2, is maintained.
A pile of hazardous waste that is incompatible with waste or other material located nearby must be adequately separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.
Hazardous waste must not be piled on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to ensure compliance with part 7045.0456, subpart 2.
**Subp. 10. Special requirements for hazardous wastes F020, F021, F022, F023, F026, F027, and F028.**
The following requirements apply to the hazardous wastes indicated:
A. Hazardous waste F020, F021, F022, F023, F026, and F027 listed under part 7045.0135, subpart 1a, item B, must not be placed in a surface impoundment.
B. Hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, must not be placed in surface impoundments unless the owner or operator operates the surface impoundment in accordance with all applicable requirements of this part and in accordance with a management plan that is approved by the commissioner considering the following factors:
C. The commissioner shall impose additional design, operating, and monitoring requirements if the commissioner finds that additional requirements are necessary for surface impoundments used to treat, store, or dispose of hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1212; L 1987 c 186 s 15; 15 SR 1877; 16 SR 2102; 16 SR 2239; 18 SR 1565; 18 SR 1886; 33 SR 2042*
##### **Minn. R. 7045.0536** Land Treatment {#sec-7045.0536 omnilex-key=us-mn-regs-official--agency-167--7045.0536}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units except as part 7045.0450 provides otherwise.
**Subp. 2. Treatment program.**
Treatment program requirements are as follows:
A. An owner or operator of a land treatment unit shall establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed to nonhazardous forms, or immobilized within the treatment zone. The agency shall specify in the facility permit the elements of the treatment program, including:
B. The agency shall specify in the facility permit the hazardous constituents that must be degraded, transformed, or immobilized.
C. The agency shall specify the vertical and horizontal dimensions of the treatment zone in the facility permit. The treatment zone is the portion of the unsaturated zone below and including the land surface in which the owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or immobilization of hazardous constituents. The maximum depth of the treatment zone must be:
**Subp. 3. Treatment demonstration.**
Treatment demonstration requirements are as follows:
A. For each waste that will be applied to the treatment zone, the owner or operator shall demonstrate, prior to application of the waste, that hazardous constituents in the waste can be completely degraded, transformed to nonhazardous forms, or immobilized in the treatment zone.
B. In making this demonstration, the owner or operator may use laboratory analyses, available data, or in the case of existing units, operating data and shall conduct field tests unless a written exemption from field testing is obtained from the commissioner. The owner or operator shall obtain a land treatment demonstration permit in accordance with the agency's permitting procedures in chapter 7001. The agency shall specify in this permit the testing, analytical, design, and operating requirements, including the duration of the tests and analyses, and, for field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure, and cleanup activities necessary to meet the requirements in item C.
C. Any field test or laboratory analysis conducted in order to make a demonstration must:
**Subp. 4. Design and operating requirements.**
The agency shall specify in the facility permit how the owner or operator shall design, construct, operate, and maintain the land treatment unit. The owner or operator shall also comply with the following:
A. The owner or operator shall design, construct, operate, and maintain the unit to ensure the degradation, transformation to nonhazardous forms, and immobilization of hazardous constituents in the treatment zone. The owner or operator shall design, construct, operate, and maintain the unit in accordance with all design and operating conditions that were used in the treatment demonstration. The agency shall specify the following in the facility permit:
B. The owner or operator shall design, construct, operate, and maintain the treatment zone to minimize run-off of hazardous constituents during the active life of the land treatment unit.
C. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from at least a 100-year storm.
D. The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 100-year storm.
E. The owner or operator of a land treatment unit shall submit to the agency with the permit application a plan for the treatment and disposal of run-off contained in the run-off management system.
F. Collection and holding facilities such as tanks or basins, associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system.
G. The owner or operator shall manage the unit to control wind dispersal.
H. The owner or operator shall inspect the unit weekly and after storms to detect evidence of:
I. The agency shall specify in the permit all design and operating practices that are necessary to ensure that the requirements of items A to H are satisfied.
**Subp. 5. Food chain crops.**
The agency may specify in the permit the specific conditions of food chain crop production. The agency shall not allow the growth of food chain crops in or on the treatment zone unless the owner or operator satisfies the following requirements:
A. No food chain crops may be grown during the active life of the unit unless:
B. Food chain crops may be grown on a land treatment unit after closure if:
C. The demonstration that there is no substantial risk to human health caused by the growth of food chain crops must be conducted as specified in subitems (1) to (5). The owner or operator shall make the required demonstration prior to the planting of crops at the facility. In making this demonstration, the owner or operator may use field tests, greenhouse studies, available data, or in the case of existing units, operating data.
**Subp. 6. Unsaturated zone monitoring.**
An owner or operator shall establish an unsaturated zone monitoring program to discharge the following responsibilities:
A. The owner or operator shall monitor the soil and soil-pore liquid to determine whether hazardous constituents migrate out of the treatment zone. The agency shall specify the hazardous constituents to be monitored in the facility permit. The hazardous constituents to be monitored are those specified under subpart 2, item B. The agency may require monitoring for principal hazardous constituents in lieu of the constituents specified under subpart 2, item B. Principal hazardous constituents are hazardous constituents contained in the wastes to be applied at the unit that are the most difficult to treat, considering the combined effects of degradation, transformation, and immobilization. The agency shall establish principal hazardous constituents if it finds, based on waste analyses, treatment demonstration, or other data, that effective degradation, transformation, or immobilization of the principal hazardous constituents will assure treatment at at least equivalent levels for the other hazardous constituents in the wastes.
B. The owner or operator shall install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using devices such as lysimeters. The unsaturated zone monitoring system must be designed and maintained to prevent contamination of the unsaturated zone by migration through bore holes or along lysimeter installations. The unsaturated zone monitoring system must consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:
C. The owner or operator shall establish an unsaturated zone background value for each hazardous constituent to be monitored. The permit must specify the background values for each constituent or specify the procedures to be used to calculate the background values. Background soil values shall be based on a sampling at the land treatment unit for new facilities, or at a background plot having characteristics similar to those of the treatment zone for existing facilities. Background soil-pore liquid values must be based on at least quarterly sampling for one year at the land treatment unit for new facilities or at a background plot having characteristics similar to those of the treatment zone for existing facilities. The owner or operator shall express all background values in a form necessary for the determination of statistically significant increases under item F. In taking samples used in the determination of all background values, the owner or operator shall use an unsaturated zone monitoring system that complies with item B, subitem (1).
D. The owner or operator shall conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The agency shall specify the frequency and timing of soil and soil-pore liquid monitoring in the facility permit after considering the frequency, timing, and rate of waste application, the climate, and the soil and waste characteristics. The owner or operator shall express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of statistically significant increases under item F.
E. The owner or operator shall use consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical makeup of the soil below the treatment zone. The owner or operator shall implement procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, and chain of custody control.
F. The owner or operator shall determine whether there is a statistically significant change over background values for any hazardous constituent to be monitored under item A below the treatment zone each time he or she conducts soil monitoring and soil pore liquid monitoring under item D. In determining whether a statistically significant increase has occurred, the owner or operator shall compare the value of a constituent, as determined under item D to the background value for that constituent according to the statistical procedure specified in the facility permit. The owner or operator shall determine whether there has been a statistically significant increase below the treatment zone within a reasonable time period after completion of sampling. The determination of increase must be submitted to the commissioner within two weeks of sampling unless a different reporting period is established in the permit. The owner or operator shall determine whether there is a statistically significant increase below the treatment zone using a statistical procedure that provides reasonable confidence that migration from the treatment zone will be identified. The agency shall specify a statistical procedure in the facility permit that is appropriate for the distribution of the data used to establish background values and provides a reasonable balance between the probability of falsely identifying migration of hazardous constituents from the treatment zone and the probability of failing to identify real migration of hazardous constituents from the treatment zone.
G. If the owner or operator determines under item F that there is a statistically significant increase of hazardous constituents below the treatment zone, he or she shall:
H. If the owner or operator determines under item F that there is a statistically significant increase of hazardous constituents below the treatment zone, he or she may demonstrate that a source other than regulated units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. While the owner or operator may make a demonstration, he or she is not relieved of the requirement to submit a permit modification application within the time specified in item G, subitem (2). In making a demonstration the owner or operator shall:
**Subp. 7. Record keeping.**
The owner or operator shall include hazardous waste application dates and rates in the operating record required under part 7045.0478. The owner or operator shall also include in the operating record facility management practices, such as fertilization, cultivation, irrigation, and crop production, and climatological data, such as precipitation and temperature.
**Subp. 8. Closure and postclosure.**
Requirements of closure and postclosure are as follows:
A. During the closure period the owner or operator shall:
B. For the purpose of complying with part 7045.0486, subpart 4, when closure is complete the owner or operator may submit to the commissioner certification by an independent qualified soil scientist, in lieu of an independent registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.
C. During the postclosure care period the owner or operator shall:
D. The owner or operator is not subject to regulation under items A, subitem (8), and C if the commissioner finds that the level of hazardous constituents in the treatment zone soil does not exceed the background value of those constituents by an amount that is statistically significant when using the test specified in subitem (3). The owner or operator may submit a demonstration to the commissioner at any time during the closure or postclosure care periods. For this purpose:
E. The owner or operator is not subject to regulation under part 7045.0484 if the commissioner finds that the owner or operator satisfies item D and if unsaturated zone monitoring under subpart 6 indicates that hazardous constituents have not migrated beyond the treatment zone during the active life of the land treatment unit.
**Subp. 9. Ignitable or reactive waste.**
The owner or operator shall not apply ignitable or reactive waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of part 7045.1390, and:
A. the waste is immediately incorporated into the soil so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under part 7045.0131, subpart 2 or 5, and compliance with part 7045.0456, subpart 2 is maintained; or
B. the waste is managed to protect it from material or conditions which may cause it to ignite or react.
**Subp. 10. Incompatible wastes.**
The owner or operator shall not place incompatible wastes or incompatible wastes and materials in or on the same treatment zone, unless compliance with part 7045.0456, subpart 2 is maintained.
**Subp. 11. Special requirements for hazardous wastes F020, F021, F022, F023, F026, F027, and F028.**
The following requirements apply to the hazardous wastes indicated:
A. Hazardous wastes F020, F021, F022, F023, F026, and F027 listed under part 7045.0135, subpart 1a, item B, must not be placed in a land treatment unit.
B. Hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, must not be managed at land treatment units unless the owner or operator operates the land treatment unit in accordance with all applicable requirements of this part and in accordance with a management plan that is approved by the commissioner considering the following factors:
C. The commissioner shall impose additional design, operating, and monitoring requirements if the commissioner finds that the additional requirements are necessary for land treatment facilities used to treat or dispose of hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
**History**
- *Statutory Authority: MS s 14.07; 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1212; L 1987 c 186 s 15; 16 SR 2239; 33 SR 2042*
##### **Minn. R. 7045.0538** Landfills {#sec-7045.0538 omnilex-key=us-mn-regs-official--agency-167--7045.0538}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that dispose of hazardous waste in landfills, except as part 7045.0450 provides otherwise.
**Subp. 2. Location.**
Location requirements are as follows:
A. A landfill must not be located in an area characterized by surficial karst features.
B. The owner or operator of a proposed or existing landfill shall submit to the agency with the permit application a hydrogeologic report which provides sufficient information and detail on the site's topography, soils, geology, surface hydrology, and ground water hydrology to evaluate the facility's actual and potential effects on subsoils, surface water, and ground water. This report must include:
C. A landfill, including its underlying liners, must be located entirely above the seasonal high water table.
**Subp. 3. Design and operating requirements.**
Design and operating requirements are as follows:
A. A landfill must have a double liner system that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at any time during the active life, including the closure and postclosure periods, of the landfill. The double liner system must consist of two liners with a leak detection, collection, and removal system. This system must be designed, constructed, maintained, and operated to detect, collect, and remove liquids without clogging, through the scheduled postclosure care period of the landfill. Both liners and the leak detection, collection, and removal system must conform to the requirements of item B or C, as appropriate, and must be:
B. For any landfill that is not covered by item C or part 7045.0638, one of the liners may be constructed of materials that allow wastes to migrate into the liner, but not into the adjacent subsurface soil, drainage layer, or ground water or surface water. At least one liner must be constructed of materials that prevent wastes from passing into the liner. The double liner system must consist of two liners with a leak detection, collection, and removal system between the liners.
C. The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992, must install two or more liners and a leachate collection and removal system above and between such liners. "Construction commences" and "existing facility" are defined in part 7045.0020.
D. A landfill must have a leachate collection and removal system immediately above each liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The agency shall specify design and operating conditions in the permit to ensure that the leachate depth over each liner does not exceed 30 centimeters (one foot) at any point. The leachate collection and removal systems must be:
E. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 100-year storm.
F. The owner or operator shall design, construct, operate, and maintain a runoff management system to collect and control at least the water volume resulting from a 24-hour, 100-year storm.
G. Collection and holding facilities such as tanks or basins, associated with run-on and runoff control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
H. The owner or operator shall cover or otherwise manage the landfill to control wind dispersal of particulate matter.
I. The owner or operator shall develop the landfill in appropriately sized cells to minimize the amounts of liquids entering each cell due to precipitation.
J. The owner or operator of a landfill shall submit to the agency with the permit application a plan for the treatment and disposal of runoff contained in the runoff management system and leachate which is removed from the landfill.
K. An owner or operator may petition for alternate design or operating practices under part 7045.0075, subpart 12.
L. The agency shall specify in the permit all design and operating practices that are necessary to ensure that the requirements of items A to K are satisfied.
M. The commissioner shall approve alternative design or operating practices to those specified in item C if the owner or operator demonstrates to the commissioner that such design and operating practices, together with location characteristics:
N. The owner or operator of any replacement landfill unit is exempt from item C if:
**Subp. 4. Leak detection.**
If liquids are detected in the leak detection, collection, and removal system, the owner or operator shall notify the commissioner of that fact in writing within seven days after detecting the liquids, and:
A. within a period of time specified in the permit, remove accumulated liquids, repair or replace any liner which is leaking to prevent the migration of liquids through the liner, and obtain a certification from a qualified engineer that, to the best of his or her knowledge and opinion, the leak has been stopped; or
B. if the owner or operator can demonstrate to the commissioner that the repair of the liner is not possible or feasible, he or she must begin to comply with the monitoring requirements of part 7045.0484, subpart 12, item E within a period of time specified in the permit. The agency will specify in the permit all design and operating practices that are necessary to ensure that the requirements of item A or B are satisfied.
**Subp. 4a. Action leakage rate.**
A. The commissioner shall approve an action leakage rate for landfill units subject to subpart 3, item C or K. The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
B. To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under subpart 5, item C, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and monthly during the postclosure care period when monthly monitoring is required under subpart 5, item C.
**Subp. 5. Monitoring and inspection.**
Monitoring and inspection requirements are as follows:
A. During construction or installation, liners and cover systems such as membranes, sheets, or coatings, must be inspected for uniformity, damage, and imperfections such as holes, cracks, thin spots, or foreign materials. Immediately after construction or installation:
B. While a landfill is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
C. (1) An owner or operator required to have a leak detection system under subpart 3, item C or K, must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
**Subp. 5a. Response actions.**
A. The owner or operator of landfill units subject to subpart 3, item C or K, must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in item B.
B. If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
C. To make the leak and/or remediation determinations in item B, subitems (3) to (5), the owner or operator must:
**Subp. 6. Surveying and record keeping.**
The owner or operator of a landfill shall maintain the following items in the operating record required under part 7045.0478:
A. on a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks; and
B. the contents of each cell and the approximate location of each hazardous waste type within each cell.
**Subp. 7. Closure and postclosure care.**
Closure and postclosure care requirements are as follows:
A. At final closure of the landfill and upon closure of any cell, the owner or operator shall cover the landfill or cell with a final cover designed and constructed to:
B. After final closure, the owner or operator shall comply with all postclosure requirements contained in parts 7045.0488 to 7045.0494 including maintenance and monitoring throughout the postclosure care period specified in the permit under part 7045.0488. The owner or operator shall:
C. During the postclosure care period, if liquids are detected in a leak detection system, the owner or operator shall:
**Subp. 8. Special requirements for ignitable or reactive waste.**
Special requirements for ignitable or reactive waste are as follows:
A. Except as provided in item B and subpart 12, ignitable or reactive waste must not be placed in a landfill, unless the waste and landfill meet all applicable requirements of part 7045.1390, and the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under part 7045.0131, subpart 2 or 5, and compliance with part 7045.0456, subpart 2 is maintained.
B. Except for prohibited wastes which remain subject to treatment standards in Code of Federal Regulations, title 40, sections 268.40 to 268.42, as incorporated in part 7045.1390, ignitable wastes in containers may be landfilled without meeting the requirements of item A, provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes must be disposed of in nonleaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; must be covered daily with soil or other noncombustible material to minimize the potential for ignition of the wastes; and must not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste.
**Subp. 9. Special requirements for incompatible wastes.**
Incompatible wastes, or incompatible wastes and materials must not be placed in the same landfill cell unless compliance with part 7045.0456, subpart 2 is maintained.
**Subp. 10. Special requirements for liquid waste.**
Special requirements for liquid waste are as follows:
A. The placement in any landfill of bulk or noncontainerized liquid hazardous waste or waste containing free liquids, whether or not sorbents have been added, is prohibited.
B. Containers holding free liquids must not be placed in a landfill unless:
C. To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated in part 7045.0065, item D.
D. Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are materials listed or described in subitem (1) or materials that pass one of the tests in subitem (2).
**Subp. 11. Special requirements for containers.**
Unless they are very small, such as an ampule, containers must be either:
A. at least 90 percent full when placed in the landfill; or
B. crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.
**Subp. 12. Disposal of small containers of hazardous waste in overpacked drums.**
Small containers of hazardous waste in overpacked drums, or laboratory packs, may be placed in a landfill if the requirements of items A to F are met:
A. Hazardous waste must be packaged in nonleaking inside containers. The inside containers must be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the contained waste. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type authorized in the United States Department of Transportation hazardous materials regulations under Code of Federal Regulations, title 49, parts 173, 178, 179, and 180, as amended, if those regulations specify a particular inside container for the waste.
B. The inside containers must be overpacked in a removable head metal shipping container as specified in the United States Department of Transportation regulations under Code of Federal Regulations, title 49, section 173.12 and parts 178, 179, and 180, as amended. The inside containers must be surrounded by, at a minimum, a sufficient quantity of chemically compatible sorbent material, determined to be nonbiodegradable in accordance with subpart 10, item D, to completely sorb all of the liquid contents of the inside containers. The gross weight of the complete package must not exceed 205 kilograms (452 pounds). The metal outer container must be full after it has been packed with inside containers and sorbent materials.
C. The sorbent material used must not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers, in accordance with part 7045.0456, subpart 2.
D. Incompatible wastes, as defined in part 7045.0020 must not be placed in the same outside container.
E. Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in part 7045.0131, subpart 5, item E, must be treated or rendered nonreactive prior to packaging in accordance with items A to D. Cyanide- and sulfide-bearing reactive waste may be packed in accordance with item A to D without first being treated or rendered nonreactive.
F. The disposal is in compliance with part 7045.1390. Persons who incinerate lab packs in accordance with Code of Federal Regulations, title 40, section 268.42, as incorporated in part 7045.1390, may use fiber drums in place of metal outer containers. The fiber drums must meet United States Department of Transportation specifications in Code of Federal Regulations, title 49, section 173.12, as amended, and be overpacked in accordance with item B.
**Subp. 13. Special requirements for hazardous wastes F020, F021, F022, F023, F026, F027, and F028.**
The following requirements apply to the hazardous wastes indicated:
A. Hazardous wastes F020, F021, F022, F023, F026, and F027 listed under part 7045.0135, subpart 1a, item B, must not be placed in a landfill.
B. Hazardous waste F028 and treatment residues and soils contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, must not be managed at landfills unless the owner or operator operates the landfill in accordance with all applicable requirements of this part and in accordance with a management plan that is approved by the commissioner considering the following factors:
C. The commissioner shall impose additional design, operating, and monitoring requirements if the commissioner finds that the additional requirements are necessary for landfills used to dispose of hazardous waste F028 and treatment residues and soil contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1212; 11 SR 1832; L 1987 c 186 s 15; 15 SR 1877; 16 SR 2239; 18 SR 1886; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0539** Miscellaneous Units {#sec-7045.0539 omnilex-key=us-mn-regs-official--agency-167--7045.0539}
**Subpart 1. Scope.**
The requirements in this part apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units.
**Subp. 2. Environmental performance standards.**
A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain the terms and provisions necessary to protect human health and the environment, including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste or hazardous constituents from the unit. Permit terms and provisions shall include those requirements of parts 7045.0526 to 7045.0542, 7045.0549, and 7045.0551, and chapter 7001 that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to:
A. prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the groundwater or subsurface environment, considering:
B. prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in surface water, or wetlands or on the soil surface considering:
C. prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents in the air, considering:
**Subp. 3. Monitoring, analysis, inspection, response, reporting, and corrective action.**
Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies shall ensure compliance with subpart 2; parts 7045.0452, subpart 5; 7045.0462, subpart 4; 7045.0482, subparts 2 to 4; and 7045.0485, as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.
**Subp. 4. Postclosure care.**
A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with subpart 2 during the postclosure care period. In addition, if a treatment or storage unit has contaminated soils or groundwater that cannot be completely removed or decontaminated during closure, then that unit shall also meet the requirements of subpart 2 during postclosure care. The postclosure plan under part 7045.0490 must specify the procedures that will be used to satisfy this requirement.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 13 SR 2761; 33 SR 2042*
##### **Minn. R. 7045.0540** Air Emission Standards for Tanks, Surface Impoundments, and Containers {#sec-7045.0540 omnilex-key=us-mn-regs-official--agency-167--7045.0540}
**Subpart 1. Incorporation of federal regulations.**
The owners and operators of facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers must comply with Code of Federal Regulations, title 40, part 264, subpart CC, air emission standards for tanks, surface impoundments, and containers, sections 264.1080 to 264.1090, as amended, which are incorporated by reference subject to the exceptions in subpart 2.
**Subp. 2. Additions, modifications, or exceptions to incorporated regulations.**
A. The agency does not incorporate the following Code of Federal Regulations, title 40, part 264, subpart CC provisions, as amended:
B. Part 7045.0090, adoption and incorporation by reference, also applies.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7045.0541** Drip Pads {#sec-7045.0541 omnilex-key=us-mn-regs-official--agency-167--7045.0541}
**Subpart 1. Federal regulations adopted by reference.**
Owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water runoff to an associated collection system are subject to the requirements of Code of Federal Regulations, title 40, part 264, subpart W, as amended. Existing drip pads and new drip pads are defined in part 7045.0020.
**Subp. 2. Leak collection system requirements.**
The requirements of Code of Federal Regulations, title 40, section 264.573(b)(3), as amended, apply only to:
A. drip pads that are or were used to manage hazardous waste with the waste code of F032 that are constructed after December 24, 1992, except those for which the owner or operator had a design and entered into binding financial or other agreements for construction prior to December 24, 1992; and
B. drip pads that are used to manage hazardous waste with the waste code of F034 or F035 that are constructed after July 25, 1994, except those for which the owner or operator had a design and entered into binding financial or other agreements for construction prior to July 25, 1994.
**Subp. 3. Indoor drip pads.**
The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither runoff nor run-on is generated is not subject to regulation under Code of Federal Regulations, title 40, section 264.573(e) or 264.573(f), as amended, as appropriate.
**Subp. 4. Incidental drippage in storage yards.**
The requirements of Code of Federal Regulations, title 40, part 264, subpart W, as amended, are not applicable to the management of infrequent and incidental drippage in storage yards provided that the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan must describe how the owner or operator will do the following:
A. clean up the drippage;
B. document the cleanup of the drippage;
C. retain documents regarding cleanup for three years; and
D. manage the contaminated media in a manner consistent with chapters 7001 and 7045.
**Subp. 5. Exceptions to adopted federal regulations.**
Where the federal regulations adopted in subpart 1 refer to other federal regulations, the other federal regulations referred to are superseded by their corresponding state rules; where no corresponding state rule exists, the federal regulations referred to do not apply.
**Subp. 6. Effective date.**
This part is effective July 25, 1994.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1751; 20 SR 715*
##### **Minn. R. 7045.0542** Thermal Treatment {#sec-7045.0542 omnilex-key=us-mn-regs-official--agency-167--7045.0542}
**Subpart 1. Scope.**
This part applies as follows:
A. This part applies to owners and operators of facilities that thermally treat hazardous waste, except as part 7045.0450 provides otherwise. The following facility owners or operators are considered to thermally treat hazardous waste: owners or operators of hazardous waste incinerators as defined in part 7045.0020; and owners or operators who burn hazardous waste in boilers or in industrial furnaces in order to destroy the waste.
B. For owners or operators of thermal treatment facilities, the commissioner may, in establishing the permit conditions, exempt the applicant from all requirements of this part except subparts 2 and 8, if after examination of the waste analysis included with the applicant's permit application, the commissioner finds that the waste to be treated contains none of the hazardous constituents listed in part 7045.0141 which would reasonably be expected to be in the waste and that the waste to be treated is:
C. For owners or operators of thermal treatment facilities, the commissioner may, in establishing the permit conditions, exempt the applicant from all requirements of this part except subparts 2 and 8, if after examination of the waste analysis included with the applicant's permit application the commissioner finds that:
D. For owners or operators of thermal treatment facilities whose primary purpose is the production of energy, the commissioner may, after review of the request for exemption, exempt the owner or operator from any requirements of this part except subparts 2 and 8. The owner or operator shall submit to the commissioner a request for exemption which shall include the following information:
E. The commissioner shall approve the request for exemption if the commissioner finds that:
F. The owner or operator of a thermal treatment facility may conduct trial burns, subject only to the requirements of a trial burn approval as issued under the agency's permitting procedures in chapter 7001.
**Subp. 2. Waste analysis.**
As a portion of a trial burn plan or with a permit application, the owner or operator shall have included an analysis of waste feed sufficient to provide all information required by the agency's permitting procedures in chapter 7001. Owners or operators of new hazardous waste thermal treatment facilities shall provide the required information to the greatest extent possible.
Throughout normal operation the owner or operator shall conduct sufficient waste analysis to verify that waste feed to the thermal treatment process is within the physical and chemical composition limits specified in the permit.
**Subp. 3. Principal organic hazardous constituents.**
Principal organic hazardous constituents in the waste feed must be treated to the extent required by the performance standard of subpart 4.
One or more principal organic hazardous constituents will be specified in the facility's permit, from among those constituents listed in part 7045.0141, for each waste feed to be treated. This specification will be based on the degree of difficulty of thermal treatment of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses and trial burns or alternative data submitted with the facility's permit application. Organic constituents which represent the greatest degree of difficulty of thermal treatment will be those most likely to be designated as a principal organic hazardous constituent. Constituents are more likely to be designated as principal organic hazardous constituents if they are present in large quantities or concentrations in the waste.
Trial principal organic hazardous constituents will be designated for performance of trial burns in accordance with the procedure specified for obtaining trial burn approval.
**Subp. 4. Performance standards.**
A thermal treatment facility thermally treating hazardous waste must be designed, constructed, and maintained so that, when operated in accordance with operating requirements specified under subpart 6 it will comply with all federal and state air quality rules and regulations and will meet the performance standards of items A to E, whichever are applicable:
A. Except as provided in item E, a thermal treatment facility thermally treating hazardous waste must achieve a destruction and removal efficiency of 99.99 percent for each principal organic hazardous constituent designated in its permit for each waste feed. The destruction and removal efficiency (DRE) is determined for each principal organic hazardous constituent from the following equation: where: Win = Mass feed rate of one principal organic hazardous constituent in the waste stream feeding the thermal treatment process, and Wout = Mass emission rate of the same principal organic hazardous constituent present in exhaust emissions prior to release to the atmosphere.
B. A thermal treatment facility thermally treating hazardous waste and producing stack emissions of more than 1.8 kilograms per hour (four pounds per hour) of hydrogen chloride (HCl) must control hydrogen chloride emissions such that the rate of emission is no greater than the larger of either 1.8 kilograms per hour or one percent of the hydrogen chloride in the stack gas prior to entering any pollution control equipment.
C. A thermal treatment facility thermally treating hazardous waste must not emit particulate matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) when corrected for the amount of oxygen in the stack gas according to the formula: where: Pc = corrected concentration of particulate matter; Pm = measured concentration of particulate matter; and Y = measured concentration of oxygen in the stack gas; using the Orsat method for oxygen analysis of dry flue gas, presented in Code of Federal Regulations, title 40, part 60, appendix A (method 3), as amended. This correction procedure is to be used by all hazardous waste thermal treatment facilities except those operating under conditions of oxygen enrichment. For these facilities the commissioner will select an appropriate correction procedure to be specified in the facility permit.
D. For purposes of permit enforcement, compliance with the operating requirements specified in the permit will be regarded as compliance with this part. However, evidence that compliance with these permit conditions is insufficient to ensure compliance with the performance requirements of this part may be information justifying modification, revocation, or reissuance of a permit.
E. A thermal treatment facility thermally treating hazardous wastes F020, F021, F022, F023, F026, and F027 listed under part 7045.0135, subpart 1a, item B, must achieve a destruction and removal efficiency ("DRE") of 99.9999 percent for each principal organic hazardous constituent designated in its permit. This performance must be demonstrated on principal organic hazardous constituents that are more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each principal organic hazardous constituent from the equation in item A. In addition, the owner or operator of the thermal treatment facility must notify the commissioner of the intent to burn waste F020, F021, F022, F023, F026, or F027.
**Subp. 5. Hazardous waste thermal treatment facility permits.**
Requirements for hazardous waste thermal treatment facility permits are as follows:
A. he owner or operator of a hazardous waste thermal treatment facility may thermally treat only wastes specified in the permit and only under operating conditions specified for these wastes under subpart 6, except for the following cases:
B. Other hazardous wastes may be thermally treated only after operating conditions have been specified in a new permit, or a permit modification as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with a permit application.
C. The permit for a new hazardous waste thermal treatment facility must establish appropriate conditions for each of the applicable requirements of this part, including but not limited to allowable waste feeds and operating conditions necessary to meet the requirements of subpart 6, sufficient to comply with the following standards:
**Subp. 6. Operating requirements.**
Operating requirements are as follows:
A. A thermal treatment facility must be operated in accordance with operating requirements specified in the permit. These will be specified on a case-by-case basis as those demonstrated in a trial burn or in alternative data as specified in subpart 5, item B and included with a facility's permit application to be sufficient to comply with the performance standards of subpart 4. The agency may specify additional operating requirements necessary to assure compliance with air quality emission and ambient limits and to protect public health and property.
B. Each set of operating requirements will specify the composition of the waste feed (including acceptable variations in the physical or chemical properties of the waste feed which will not affect compliance with the performance requirement of subpart 4) to which the operating requirements apply. For each waste feed, the permit shall specify acceptable operating limits, including the following conditions:
C. During start-up and shutdown of a thermal treatment process, hazardous waste, except ignitable waste exempted in accordance with subpart 1, must not be fed into the thermal treatment process unless the treatment process and air pollution control equipment are operating within the conditions of operation specified in the permit.
D. Fugitive emissions from the thermal treatment zone must be controlled by:
E. A thermal treatment facility must be operated with a functioning system to automatically cut off waste feed to the treatment process when operating conditions deviate from limits established under item A.
F. A thermal treatment facility must cease operation when changes in waste feed, treatment process design, or operating conditions exceed limits designated in its permit.
**Subp. 7. Monitoring, reporting, and inspections.**
Monitoring, reporting, and inspection requirements are as follows:
A. For monitoring:
B. The thermal treatment process and associated equipment must be subjected to thorough visual inspection at least daily for leaks, spills, fugitive emissions, and signs of tampering.
C. The emergency waste feed cut off system and associated alarms must be tested at least weekly to verify operability, unless the applicant demonstrates to the commissioner that weekly inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. Operational testing must be conducted at least monthly.
D. This monitoring and inspection data must be recorded and the records must be placed in the operating log required by part 7045.0478.
**Subp. 8. Closure.**
At closure the owner or operator shall remove all hazardous waste and hazardous waste residues including, but not limited to, ash, scrubber waters, and scrubber sludges from the thermal treatment facility site. At closure, as throughout the operating period, unless the owner or operator can demonstrate that any waste removed from the thermal treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with the requirements of parts 7045.0205 to 7045.1030.
**Subp. 9. Open burning; waste explosives.**
Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate, and bulk military propellants which cannot safely be disposed through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or operators choosing to open burn or detonate waste explosives shall do so in accordance with the following table and in a manner that does not threaten human health or the environment.
Property Line Separation
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 9 SR 115; 10 SR 1212; 10 SR 1688; L 1987 c 186 s 15; 17 SR 1279; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0543** Appendices to Facility Standards {#sec-7045.0543 omnilex-key=us-mn-regs-official--agency-167--7045.0543}
**Subpart 1. Incorporation of federal regulations.**
The following appendices found in Code of Federal Regulations, title 40, part 264, as amended, are incorporated by reference:
A. Appendix I, Recordkeeping Instructions;
B. Appendix IV, Cochran's Approximation to the Behrens-Fisher Students' T-test;
C. Appendix V, Examples of Potentially Incompatible Waste; and
D. Appendix IX, Ground Water Monitoring List.
**Subp. 2. Additions, modifications, or exceptions to incorporated regulations.**
Part 7045.0090, adoption and incorporation by reference, also applies.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7045.0544** Cochran's Approximation to the Behrens-Fisher Students' T-Test {#sec-7045.0544 omnilex-key=us-mn-regs-official--agency-167--7045.0544}
**Subpart 1. In general.**
Part 7045.0543, subpart 1, item B, incorporates this test by reference.
**Subp. 2.**
[Repealed, 33 SR 2042]
**Subp. 3.**
[Repealed, 33 SR 2042]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 33 SR 2042*
##### **Minn. R. 7045.0545** Corrective Action Management Units (camu) {#sec-7045.0545 omnilex-key=us-mn-regs-official--agency-167--7045.0545}
**Subpart 1.**
[Repealed, 29 SR 947]
**Subp. 1a. Federal regulations adopted.**
The requirements of Code of Federal Regulations, title 40, sections 264.550 to 264.552, as amended, are adopted and incorporated by reference to apply to the regulation of corrective action management units, except as provided in subpart 2a. In addition, the provisions of part 7045.0090 also apply.
**Subp. 2.**
[Repealed, 29 SR 947]
**Subp. 2a. Exceptions.**
A. For purposes of the reference to Code of Federal Regulations, title 40, section 264.314(f), in Code of Federal Regulations, title 40, section 264.552(a)(3)(iii), the demonstration must be made to the commissioner according to the requirements of Code Federal Regulations, title 40, section 264.314(f).
B. Where Code of Federal Regulations, title 40, sections 264.551(a) and 264.552(a), specify that the regional administrator may designate a facility as a CAMU, the authorities cited to implement remedies shall also include part 7045.0275, subpart 3.
C. Where Code of Federal Regulations, title 40, section 264.552(e)(4)(i)(A)(1) refers to principal hazardous constituents and section 264.552(e)(4)(i)(C)(iv) refers to treatment standards, those standards apply except when the commissioner determines that more stringent standards are appropriate. The commissioner's determination shall be based on:
**Subp. 3.**
[Repealed, 29 SR 947]
**Subp. 4.**
[Repealed, 29 SR 947]
**Subp. 5.**
[Repealed, 29 SR 947]
**Subp. 6.**
[Repealed, 29 SR 947]
**Subp. 7.**
[Repealed, 29 SR 947]
**Subp. 8.**
[Repealed, 29 SR 947]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 714; 29 SR 947*
##### **Minn. R. 7045.0546** Temporary Units {#sec-7045.0546 omnilex-key=us-mn-regs-official--agency-167--7045.0546}
**Subpart 1.**
[Repealed, 29 SR 947]
**Subp. 1a. Adoption of federal rule.**
The requirements of Code of Federal Regulations, title 40, section 264.553(a), as amended, are adopted and incorporated by reference to apply to the owners and operators of temporary units. The remedial activities cited in Code of Federal Regulations, title 40, section 264.553, also include remedial activities required under part 7045.0275, subpart 3. In addition, the provisions of part 7045.0090 also apply.
**Subp. 2. Requirements.**
Any temporary unit to which alternative requirements are applied in accordance with subpart 1 shall be:
A. located within the facility boundary; and
B. used only for treatment or storage of remediation wastes.
**Subp. 3. Conditions for designation.**
In establishing standards to be applied to a temporary unit, the commissioner shall consider the following factors:
A. length of time such unit will be in operation;
B. type of unit;
C. volumes of wastes to be managed;
D. physical and chemical characteristics of the wastes to be managed in the unit;
E. potential for releases from the unit;
F. hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and
G. potential for exposure of humans and environmental receptors if releases were to occur from the unit.
**Subp. 4. Permit or order conditions.**
The commissioner shall specify in the permit or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The commissioner shall also specify the design, operating, and closure requirements for the unit.
**Subp. 5. Time extension conditions.**
The commissioner shall extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the permit or order, if the commissioner determines that:
A. continued operation of the unit will not pose a threat to human health and the environment; and
B. continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.
**Subp. 6. Adding temporary units to existing permit.**
Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit shall be:
A. approved in accordance with the procedures for agency-initiated permit modifications under parts 7001.0170; 7001.0190, subparts 1, 2, and 4; and 7001.0730, subparts 1, 2, 3, and 5; or
B. requested by the owner/operator according to the procedures under parts 7001.0190, subparts 1, 2, and 4; and 7001.0730, subparts 1, 2, 3, and 5.
**Subp. 7. Documentation of reasoning.**
The commissioner shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make such documentation available to the public.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 714; 29 SR 947*
##### **Minn. R. 7045.0547** [Renumbered 7045.0549] {#sec-7045.0547 omnilex-key=us-mn-regs-official--agency-167--7045.0547}
[Renumbered 7045.0549]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 947*
##### **Minn. R. 7045.0548** [Renumbered 7045.0551] {#sec-7045.0548 omnilex-key=us-mn-regs-official--agency-167--7045.0548}
[Renumbered 7045.0551]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 29 SR 947*
##### **Minn. R. 7045.0549** Federal Air Emission Standards for Process Vents {#sec-7045.0549 omnilex-key=us-mn-regs-official--agency-167--7045.0549}
**Subpart 1. Federal regulation adopted.**
If the applicant proposes to treat, store, or dispose of hazardous waste in a facility that uses process vents as defined in Code of Federal Regulations, title 40, section 264.1031, as amended, the applicant must comply with the air emission standards for process vents in Code of Federal Regulations, title 40, subpart AA, sections 264.1030 to 264.1049, as amended.
**Subp. 2. Exceptions to adopted federal regulation.**
Exceptions to the federal regulation adopted in subpart 1 are as follows:
A. references in the adopted regulation to other federal regulations also refer to the corresponding Minnesota rules; and
B. references in the adopted regulation to "regional administrator" mean "agency commissioner."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2321; 29 SR 947*
##### **Minn. R. 7045.0550** Containment Buildings {#sec-7045.0550 omnilex-key=us-mn-regs-official--agency-167--7045.0550}
**Subpart 1. Incorporation of federal regulations.**
The owners and operators of facilities that store or treat hazardous waste in containment buildings must comply with Code of Federal Regulations, title 40, part 264, subpart DD, Containment Buildings, sections 264.1100 to 264.1110, as amended, which is incorporated by reference subject to the exceptions in subpart 2.
**Subp. 2. Additions, modifications, or exceptions to incorporated regulations.**
Part 7045.0090, adoption and incorporation by reference, also applies.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7045.0551** Federal Air Emission Standards for Equipment Leaks {#sec-7045.0551 omnilex-key=us-mn-regs-official--agency-167--7045.0551}
**Subpart 1. Federal regulation adopted.**
If the applicant proposes to treat, store, or dispose of hazardous waste in a facility that uses equipment as defined in Code of Federal Regulations, title 40, section 264.1031, as amended, the applicant must comply with the air emission standards for equipment leaks in Code of Federal Regulations, title 40, subpart BB, sections 264.1050 to 264.1079, as amended.
**Subp. 2. Exceptions to adopted federal regulation.**
Exceptions to the federal regulation adopted in subpart 1 are as follows:
A. references in the adopted regulation to other federal regulations also refer to the corresponding Minnesota rules; and
B. references in the adopted regulation to "regional administrator" mean "agency commissioner."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2321; 29 SR 947*
##### **Minn. R. 7045.0552** Facilities Governed by Interim Status {#sec-7045.0552 omnilex-key=us-mn-regs-official--agency-167--7045.0552}
**Subpart 1. General requirements.**
Parts 7045.0552 to 7045.0649 establish minimum standards for the management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to postclosure requirements, until postclosure responsibilities are fulfilled. Except as provided in Code of Federal Regulations, title 40, section 265.1080(b), as incorporated in part 7045.0645, the standards in parts 7045.0552 to 7045.0649, and the standards for the corrective action management units in part 7045.0545, temporary units in part 7045.0546, and staging piles in part 7045.0547, apply to: (1) owners and operators of facilities that treat, store, or dispose of hazardous waste who have fully complied with the requirements for interim status under chapter 7001 and section 3005(e) of the federal Resource Conservation and Recovery Act (RCRA) until either a permit is issued under chapter 7001 and section 3005 of RCRA or until applicable interim status closure and postclosure responsibilities are fulfilled and (2) those owners and operators of facilities in existence on November 19, 1980, who have failed to provide timely notification as required by section 3010(a) of RCRA or failed to file Part A of the permit application in chapter 7001. These standards, and those in parts 7045.0545 to 7045.0547, apply to owners and operators of existing facilities who have fully complied with the requirements for state or federal interim status until a permit is issued or until applicable interim status closure and postclosure responsibilities are fulfilled, and those who have failed to achieve state or federal interim status.
Parts 7045.0552 to 7045.0649 apply to the owners and operators of all facilities that treat, store, or dispose of hazardous waste referred to in part 7045.1390, land disposal restrictions, and those restrictions are considered material conditions or requirements of parts 7045.0552 to 7045.0649, interim status standards.
**Subp. 1a. Applicability for owners and operators of facilities not regulated as hazardous waste facilities by federal regulation.**
Owners and operators of hazardous waste facilities that are not federally regulated as hazardous waste facilities that are, for example, regulated as facilities by state rule only, are subject to the applicable requirements of parts 7045.0552 to 7045.0649 on the effective date of any rules that make the facility subject to regulation. The facility shall submit a Part B application for a hazardous waste facility permit to the commissioner within one year of the effective date of any rules that first make the facility subject to the requirement to obtain a hazardous waste facility permit.
**Subp. 2. Existing hazardous waste facilities.**
For facilities subject to the provisions of Code of Federal Regulations, title 40, part 265, as amended, an "existing hazardous waste facility" or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980. For all other facilities, an "existing hazardous waste facility" or "existing facility" means a facility which was in operation on or before July 16, 1984, or for which construction commenced on or before July 16, 1984. A facility has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and either:
A. a continuous on-site, physical construction program has begun; or
B. the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the facility to be completed within a reasonable time.
**Subp. 3. Exemptions.**
The requirements of parts 7045.0552 to 7045.0649 do not apply to the following specific waste management units, facilities, or activities, although all other waste management activities of the owner or operator may be regulated:
A. the treatment, storage, or disposal of hazardous waste by the owner or operator of a publicly owned treatment works. The owner or operator of a publicly owned treatment works is subject to the requirements of parts 7045.0450 to 7045.0551 to the extent they are included in a permit-by-rule granted to such a person, under the agency permitting procedures;
B. a facility managing recyclable hazardous wastes subject to regulation under part 7045.0125, 7045.0665, 7045.0675, or 7045.0685; however, this exemption does not apply where part 7045.0125, 7045.0665, 7045.0675, or 7045.0685 makes the requirements of parts 7045.0552 to 7045.0649 applicable by cross-reference;
C. the accumulation of waste on-site in compliance with part 7045.0292, except to the extent the requirements are included in part 7045.0292;
D. the disposal of waste pesticides from a farmer's own use in compliance with part 7045.0213, subpart 2;
E. a totally enclosed treatment facility;
F. an elementary neutralization unit, a pretreatment unit, or a wastewater treatment unit, if the unit does not receive hazardous waste from generators other than the owner or operator of the unit, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high TOC subcategory defined in Code of Federal Regulations, title 40, section 268.40, Table of Treatment Standards for Hazardous Wastes, as incorporated in part 7045.1390), or reactive (D003) waste, to remove the characteristic before land disposal, the owner or operator must comply with part 7045.0562, subpart 2;
G. that portion of a combustion waste facility which is used to manage hazardous wastes produced in conjunction with the combustion of fossil fuels if the wastes:
H. the storage of manifested shipments of hazardous waste in containers meeting the requirements of part 7045.0270, subpart 4 at a transfer facility for a period of ten days or less in compliance with part 7045.0365;
I. the addition of absorbent material to hazardous waste in a container or the addition of hazardous waste to absorbent material in a container if these actions occur at the time hazardous waste is first placed in the container, and part 7045.0562, subpart 2, and 7045.0626, subparts 2 and 3, are complied with;
J. (1) except as provided in subitem (2), treatment or containment activities during immediate response to any of the following situations: a discharge of a hazardous waste, an imminent and substantial threat of a discharge of a hazardous waste, or a discharge of a material which, when discharged, becomes a hazardous waste;
K. treatment of hazardous waste by the generator in the generator's accumulation tanks or containers in accordance with part 7045.0292. If the treatment involves evaporation of aqueous waste or polymerization of polyester or other chemical fixation treatment processes in open containers, the generator is exempt from parts 7045.0552 to 7045.0649, but before beginning the treatment process must submit to the commissioner the information required under part 7045.0539, subpart 2, items A to C, that is relevant to the treatment activity and must be notified by the commissioner that the treatment activity is approved. The commissioner shall approve the treatment activity if the commissioner finds that the treatment activity will not endanger human health and the environment; or
L. universal waste handlers and universal waste transporters when managing universal waste under part 7045.1400.
**Subp. 4. Restrictions.**
Hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, must not be managed at facilities governed by interim status unless:
A. the wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system;
B. the waste is stored in tanks or containers; or
C. the waste is stored or treated in waste piles that are enclosed in accordance with part 7045.0534, subpart 1 and comply with all other provisions of part 7045.0534.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 10 SR 929; 10 SR 1212; 10 SR 1688; 11 SR 1832; L 1987 c 186 s 15; 13 SR 1238; 16 SR 2102; 16 SR 2239; 20 SR 714; 20 SR 715; 22 SR 5; 29 SR 947; 30 SR 43; 33 SR 2042*
##### **Minn. R. 7045.0554** Qualifications for Obtaining Interim Status {#sec-7045.0554 omnilex-key=us-mn-regs-official--agency-167--7045.0554}
**Subpart 1. Qualifications for obtaining state interim status.**
Any person who owns or operates an existing facility, has filed Part A of the permit application for the type of facility owned or operated with this agency within 90 days after July 16, 1984, or to Environmental Protection Agency Region V, and has not received federal interim status shall be treated as having state interim status and a permit until such time as final disposition of the permit application is made.
**Subp. 2. Qualification for obtaining federal interim status.**
Owners or operators of existing facilities having fully complied with the requirements for interim status under the Resource Conservation and Recovery Act of 1976, United States Code, title 42, sections 6901 to 6986, as amended through June 30, 1983, before July 16, 1984, are considered to have federal interim status and are not required to obtain state interim status.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115*
##### **Minn. R. 7045.0556** General Facility Standards {#sec-7045.0556 omnilex-key=us-mn-regs-official--agency-167--7045.0556}
**Subpart 1. Scope.**
This part applies to owners and operators of all hazardous waste facilities except as provided by part 7045.0552.
**Subp. 2. Identification number.**
A facility owner or operator shall apply for an identification number in accordance with agency procedures.
**Subp. 3. Required notices.**
Notices are required in the following situations:
A. The owner or operator of a facility who has arranged to receive hazardous waste from a foreign source shall notify the commissioner as well as the Environmental Protection Agency Region V Administrator in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
B. No facility owner or operator may accept a shipment of hazardous waste which he or she is not allowed to manage under interim status. The owner or operator shall notify the commissioner immediately upon receiving such hazardous wastes.
C. Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the postclosure care period, the owner or operator shall notify the new owner or operator in writing of the requirements of parts 7045.0552 to 7045.0649. An owner's or operator's failure to notify the new owner or operator of these requirements does not relieve the new owner or operator of the obligation to comply with all applicable requirements.
D. The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to the transfrontier requirements of part 7045.0322 must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460, and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document must be maintained at the facility for at least three years.
**Subp. 4. Security.**
Security measures include the following:
A. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless:
B. Unless exempt under item A, a facility must have:
C. Unless exempt under item A, a sign with the legend, "Danger-Unauthorized Personnel Keep Out," must be posted at each entrance to the active portion of a facility and at other locations in sufficient numbers to be seen from any approach to the active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility and must be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger-Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion and that entry onto the active portion can be dangerous.
**Subp. 5. General inspection requirements.**
General inspection requirements are listed in items A to E.
A. The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to the release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
B. The owner or operator shall develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment that are important to preventing, detecting, or responding to environmental or human health hazards. The owner or operator shall keep this schedule at the facility. The schedule must identify the types of problems which are to be looked for during the inspection.
C. The frequency of inspection may vary for the items on the schedule. However, the frequency must be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the terms and frequencies called for in parts 7045.0626, subpart 5; 7045.0628, subparts 4 and 7; 7045.0630, subpart 5; 7045.0632, subpart 9; 7045.0634, subpart 4; 7045.0638, subpart 2c; 7045.0640, subpart 4; and 7045.0642, subpart 4; and the process vent, equipment leak, and tank, surface impoundment, and container standards in Code of Federal Regulations, title 40, sections 265.1033, 265.1052, 265.1053, and 265.1058, as amended, and sections 265.1084 to 265.1090(b), as incorporated in part 7045.0645.
D. The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
E. The owner or operator shall record inspections in an inspection log or summary. He or she shall keep these records for at least three years from the date of inspection. These records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.
**Subp. 6. Location in floodplains.**
A facility located in a 100-year floodplain must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood.
As used herein:
A. "100-year floodplain" means any land area which is subject to a one percent or greater chance of flooding in any given year from any source;
B. "washout" means the flow of hazardous waste from the active portion of the facility, the buildings, or equipment as a result of flooding; and
C. "100-year flood" means a flood that has a one percent chance of being equalled or exceeded in any given year.
**Subp. 7. Prohibition.**
Placement of a hazardous waste in a salt dome, salt bed formation, underground mine, or cave is prohibited.
**Subp. 8. Construction quality assurance program.**
A. Construction quality assurance program.
B. Written construction quality assurance plan. Before construction begins on a unit subject to the construction quality assurance program under item A, the owner or operator must develop a written construction quality assurance plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The construction quality assurance plan must include:
C. Contents of program.
D. Certification. The owner or operator of units subject to this subpart must submit to the commissioner by certified mail or hand delivery, at least 30 days prior to receiving waste, a certification signed by the construction quality assurance officer that the construction quality assurance plan has been successfully carried out and that the unit meets the requirements of parts 7045.0630, subparts 1a and 2; 7045.0632, subpart 4a; and 7045.0638, subpart 2. The owner or operator may receive waste in the unit after 30 days from the commissioner's receipt of the construction quality assurance certification unless the commissioner determines in writing that the construction is not acceptable, or extends the review period for a maximum of 30 more days, or seeks additional information from the owner or operator during this period. Documentation supporting the construction quality assurance officer's certification must be furnished to the commissioner upon request.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 13 SR 259; 16 SR 2321; 18 SR 1886; 20 SR 715; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0558** Personnel Training {#sec-7045.0558 omnilex-key=us-mn-regs-official--agency-167--7045.0558}
**Subpart 1. In general.**
Hazardous waste facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required by subpart 6, item C.
**Subp. 2. Program director.**
This program must be directed by a person trained in hazardous waste management procedures.
**Subp. 3. Minimum program requirements.**
The training program must include instruction which teaches facility personnel hazardous waste management procedures relevant to the positions in which they are employed, including contingency plan implementation procedures. The training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:
A. procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
B. key parameters for automatic waste feed cutoff systems;
C. communications or alarm systems;
D. procedures for response to fires or explosions;
E. procedures for response to ground water contamination incidents; and
F. procedures for shutdown of operations.
**Subp. 4. Effective date.**
Facility personnel shall successfully complete the program required in subpart 3 within six months after the date of their employment or assignment to a facility or to a new position at a facility. Facility personnel not subject to the requirements of Code of Federal Regulations, title 40, section 265.16, as amended, shall successfully complete the program required in subpart 3 within six months after the date of their employment or assignment to a facility or assignment to a new position at a facility. Employees hired after July 16, 1984, shall not work in unsupervised positions until they have completed the training requirements of subparts 1 to 3.
**Subp. 5. Training review.**
Facility personnel shall take part at least once per calendar year in a review of the initial training required in subparts 1 to 3.
**Subp. 6. Personnel records.**
The following documents and records must be maintained at the facility:
A. The job title for each position at the facility related to hazardous waste management and the name of the employee filling each job.
B. A written job description for each position at the facility related to hazardous waste. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position.
C. A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position described in item A.
D. Records that document that the training or job experience required under subparts 1 to 5 has been given to, and completed by, facility personnel.
**Subp. 7. Record retention.**
Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 14 SR 2248; 20 SR 715; 22 SR 5*
##### **Minn. R. 7045.0560** [Repealed by amendment, 9 SR 115] {#sec-7045.0560 omnilex-key=us-mn-regs-official--agency-167--7045.0560}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0562** General Requirements for Ignitable, Reactive, or Incompatible Waste {#sec-7045.0562 omnilex-key=us-mn-regs-official--agency-167--7045.0562}
**Subpart 1. Required notices.**
The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction, including but not limited to open flames, smoking, cutting and welding, hot surfaces, frictional heat, static sparks, electrical sparks, mechanical sparks, spontaneous ignition, and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
**Subp. 1a. Segregation of incompatible waste.**
Hazardous waste that is incompatible with any waste or other materials located nearby must be adequately separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
**Subp. 2. Required precautions.**
When specifically required by other rules in this chapter, the owner or operator of a facility that treats, stores, or disposes of ignitable or reactive waste or mixes incompatible waste or incompatible wastes and other materials, shall take precautions to prevent reactions which:
A. generate extreme heat, pressure, fire, explosions, or violent reactions unless the process is designed to handle these types of reactions;
B. produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
C. produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
D. damage the structural integrity of the device or facility; or
E. through other like means threaten human health or the environment.
**Subp. 3. Documentation of compliance.**
When required to comply with this part, the owner or operator shall document that compliance. This documentation may be based on reference to published scientific or engineering literature, data from trial tests, waste analyses, or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 20 SR 715*
##### **Minn. R. 7045.0564** Waste Analysis Requirements {#sec-7045.0564 omnilex-key=us-mn-regs-official--agency-167--7045.0564}
**Subpart 1. Waste analysis.**
The analysis must comply with the requirements in items A to D.
A. Before an owner or operator treats, stores, or disposes of any hazardous waste, or nonhazardous waste if applicable under part 7045.0596, subpart 2a, the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. This analysis must contain all the information which must be known in order to treat, store, or dispose of the waste in accordance with the requirements of parts 7045.0552 to 7045.0649 and 7045.1390.
B. The analysis may include data developed under parts 7045.0102 to 7045.0155, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes, including data obtained from the generator.
C. The analysis must be repeated as necessary to ensure that it is accurate and up-to-date. The analysis must be repeated:
D. The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
**Subp. 2. Waste analysis plan.**
The owner or operator shall develop and follow a written waste analysis plan which describes the procedures the owner or operator will carry out to comply with subpart 1. The owner or operator shall keep this plan at the facility. The plan must specify:
A. The parameters for which each hazardous waste, or nonhazardous waste if applicable under part 7045.0596, subpart 2a, will be analyzed and the rationale for the selection of these parameters.
B. The test methods which will be used to test for these parameters.
C. The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:
D. The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date.
E. For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.
F. Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in parts 7045.0628, subpart 12; 7045.0630, subpart 4; 7045.0632, subpart 3; 7045.0634, subpart 3; 7045.0638, subpart 7; 7045.0640, subpart 2; and 7045.0642, subpart 3; Code of Federal Regulations, title 40, section 268.7, as incorporated in part 7045.1390; and the process vent, equipment leak, and tank, surface impoundment, and container test methods and procedures in Code of Federal Regulations, title 40, sections 265.1034(d) and 265.1063(d), as amended, and section 265.1084, as incorporated in part 7045.0645.
G. For off-site facilities, the waste analysis plan must also specify the procedures that will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. The plan must describe:
H. For surface impoundments exempted from the land disposal restrictions under Code of Federal Regulations, title 40, section 268.4, as incorporated in part 7045.1390, the procedures and schedule for:
I. For owners and operators seeking an exemption to the air emission standards in part 7045.0540 in accordance with Code of Federal Regulations, title 40, section 265.1083, as incorporated in part 7045.0645:
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 13 SR 259; 13 SR 1238; 16 SR 1225; 16 SR 2102; 16 SR 2239; 16 SR 2321; 18 SR 1565; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0566** Preparedness and Prevention {#sec-7045.0566 omnilex-key=us-mn-regs-official--agency-167--7045.0566}
**Subpart 1. Scope.**
This part applies to owners and operators of all hazardous waste facilities, except as provided otherwise in part 7045.0552.
**Subp. 2. Operation of facility.**
Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release to air, land, or water of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
**Subp. 3. Required equipment.**
All facilities must be equipped with the following, unless it can be demonstrated to the commissioner that none of the hazards posed by waste handled at the facility could require the particular equipment specified below in items A to D:
A. an internal communications or alarm system capable of providing immediate emergency instruction to facility personnel;
B. a device, such as a telephone or a hand-held two-way radio, which is immediately available at the scene of operations and which is capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;
C. portable fire extinguishers, spill control equipment, decontamination equipment, and fire control equipment, including special extinguishing devices such as those using foam, inert gas, or dry chemicals; and
D. water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.
**Subp. 4. Testing and maintenance of equipment.**
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to ensure proper operation in time of emergency.
**Subp. 5. Access to communications or alarm system.**
Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the commissioner has ruled that such a device is not required under subpart 3.
If at any time only one employee is on the premises while the facility is operating, that employee shall have immediate access to a device, such as a telephone or a hand-held, two-way radio, which is immediately available at the scene of operation and which is capable of summoning external emergency assistance unless the commissioner has ruled that such a device is not required under subpart 3.
**Subp. 6. Required aisle space.**
The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency unless it can be demonstrated to the commissioner that aisle space is not needed for any of these purposes.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15*
##### **Minn. R. 7045.0568** Arrangements with Local Authorities for Emergencies {#sec-7045.0568 omnilex-key=us-mn-regs-official--agency-167--7045.0568}
**Subpart 1. Arrangements required.**
The owner or operator shall attempt to make the following arrangements, as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations:
A. arrangements to familiarize the police, fire departments, and emergency response teams with the location of storage and accumulation areas within the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;
B. where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
C. agreements with state emergency response teams, emergency response contractors, and equipment suppliers; and
D. arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
**Subp. 2. Refusal by authorities.**
If state or local authorities decline to enter into arrangements described in subpart 1, the owner or operator shall document the refusal in the operating record.
**Subp. 3. Record keeping.**
The owner or operator shall document attempts under subpart 1 to make arrangements with local authorities in the operating record.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 18 SR 1565*
##### **Minn. R. 7045.0570** [Repealed by amendment, 9 SR 115] {#sec-7045.0570 omnilex-key=us-mn-regs-official--agency-167--7045.0570}
[Repealed by amendment, 9 SR 115]
##### **Minn. R. 7045.0572** Contingency Plan {#sec-7045.0572 omnilex-key=us-mn-regs-official--agency-167--7045.0572}
**Subpart 1. Scope.**
Parts 7045.0568 to 7045.0576 apply to owners and operators of all hazardous waste facilities, except as provided otherwise in part 7045.0552.
**Subp. 2. General requirements.**
An owner or operator shall have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, land, or water.
**Subp. 3. Implementation of plan.**
The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
**Subp. 4. Content of contingency plan.**
The contingency plan must comply with the following:
A. The contingency plan must describe the actions facility personnel must take to comply with subparts 2 and 3, and part 7045.0574.
B. If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures Plan in accordance with Code of Federal Regulations, title 40, parts 112 and 1510, as amended, or some other emergency or contingency plan, that plan must only be amended to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter.
C. The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services pursuant to part 7045.0568.
D. The plan must list names, addresses, and office and home telephone numbers of all persons qualified to act as emergency coordinator, and this list must be kept up-to-date. If more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.
E. The plan must include a list of all emergency equipment at the facility such as fire extinguishing systems, spill control equipment, internal and external communications and alarm systems, and decontamination equipment, where this equipment is required. This list must be kept up-to-date. In addition, the plan must include the location and a physical description of each item on the list and a brief outline of its capabilities.
F. The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe the signal or signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary routes could be blocked by the release of hazardous waste or fire.
**Subp. 5. Copies of contingency plan.**
A copy of the contingency plan and all revisions to the plan must be:
A. maintained at the facility; and
B. submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.
**Subp. 6. Amendment of contingency plan.**
The contingency plan must be reviewed, and immediately amended if necessary, whenever:
A. the applicable rules are revised;
B. the plan fails in an emergency;
C. the facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or the release of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
D. the list of emergency coordinators changes; or
E. the list of emergency equipment changes.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 20 SR 715*
##### **Minn. R. 7045.0574** Emergency Procedures {#sec-7045.0574 omnilex-key=us-mn-regs-official--agency-167--7045.0574}
**Subpart 1. Emergency coordinator.**
At all times, there must be at least one employee either on the facility premises or on call with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. This person must also have the authority to commit the resources needed to carry out the contingency plan. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste handled by the facility and type and complexity of the facility.
**Subp. 2. Notification of emergency.**
Whenever the contingency plan is implemented, the emergency coordinator or designee when the emergency coordinator is on call, shall immediately activate internal facility alarms or communication systems, where applicable, to notify all facility personnel and notify appropriate state or local agencies with designated response roles with at least the information listed in subparts 3 and 4.
**Subp. 3. Identification of released material.**
Whenever the contingency plan is implemented, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. He or she may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.
**Subp. 4. Assessment of hazards.**
Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the event that required the implementation of the contingency plan. This assessment must consider both direct and indirect effects of the release, fire, or explosion; the effects of any toxic, irritating, or asphyxiating gases that are generated; and the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions.
**Subp. 5. Report on released material.**
If the emergency coordinator determines that the effects of an event requiring the contingency plan to be implemented could threaten human health or the environment outside the facility, the findings must be reported as provided in items A to C:
A. If the assessment indicates that evacuation of local areas may be advisable, the appropriate local authorities must be immediately notified, and the emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.
B. The Minnesota duty officer must be immediately notified at the appropriate 24-hour telephone number:
C. Notice must be given to the National Response Center using its 24-hour toll-free telephone number, (800) 424-8802. The report must include:
**Subp. 6. Duty to notify.**
The emergency coordinator shall immediately notify the Minnesota duty officer if the released hazardous waste may cause pollution of the air, land resources, or waters of the state. The emergency coordinator shall use the appropriate Minnesota duty officer's 24-hour telephone number:
A. (651) 649-5451 for Twin Cities' local calling area and outside Minnesota;
B. (800) 422-0798 for greater Minnesota;
C. (651) 297-5353 for TDD for Twin Cities' local calling area and outside Minnesota; or
D. (800) 627-3529 for TDD for greater Minnesota.
**Subp. 7. Containment measures.**
During an event that requires the implementation of the contingency plan, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.
**Subp. 8. Facility monitoring.**
If the facility stops operations in response to an event requiring the implementation of the contingency plan, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 14 SR 2248; 18 SR 1565*
##### **Minn. R. 7045.0576** Postemergency Requirements {#sec-7045.0576 omnilex-key=us-mn-regs-official--agency-167--7045.0576}
**Subpart 1. Cleanup.**
Immediately after an event requiring the implementation of the contingency plan, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or water, or any other material that results from a release, fire, or explosion at the facility in a manner approved by the commissioner. Unless the owner or operator can demonstrate that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of parts 7045.0102 to 7045.0397. The emergency coordinator shall ensure that, in the affected area or areas of the facility, no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed, and all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
**Subp. 2. Notice before resuming operations.**
The owner or operator shall notify the regional administrator, the commissioner, and other appropriate state and local authorities that the facility is in compliance with subpart 1 before operations are resumed in the affected area or areas of the facility.
**Subp. 3. Reporting.**
The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within l5 days after the incident, he or she shall submit a written report on the incident to the commissioner. The report must include:
A. name, address, and telephone number of the owner or operator;
B. name, address, and telephone number of the facility;
C. date, time, and type of incident;
D. name and quantity of material involved;
E. the extent of injuries, if any;
F. an assessment of actual or potential hazards to human health or the environment, where this is applicable; and
G. estimated quantity and disposition of recovered material that resulted from the incident.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 18 SR 1565*
##### **Minn. R. 7045.0578** Facility Shipment Requirements {#sec-7045.0578 omnilex-key=us-mn-regs-official--agency-167--7045.0578}
Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of parts 7045.0205 to 7045.0325.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 16 SR 2102; 31 SR 1277*
##### **Minn. R. 7045.0580** Manifest System {#sec-7045.0580 omnilex-key=us-mn-regs-official--agency-167--7045.0580}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0552 provides otherwise. The provisions of subpart 2 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.
**Subp. 2. General manifest requirements.**
A. If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or this person's agent, shall:
B. If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), United States Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue N.W., Washington, DC 20460.
**Subp. 3. Rail and water shipment requirements.**
If a facility receives from a rail or water bulk shipment transporter hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest, the owner or operator, or agent shall:
A. Sign and date each copy of the manifest, or shipping paper if the manifest has not been received, to certify that the hazardous waste covered by the manifest or shipping paper was received.
B. Note any discrepancies in the manifest or shipping paper, if the manifest has not been received, on each copy of the manifest or shipping paper. The owner or operator of a facility whose procedures under part 7045.0564, subpart 2, item G, include waste analysis need not perform that analysis before signing the shipping paper and giving it to the transporter. However, part 7045.0582, subpart 3, requires reporting any discrepancy discovered during later analysis.
C. Immediately give the rail or water bulk shipment transporter at least one copy of the signed manifest or shipping paper, if the manifest has not been received.
D. Within 30 days after the delivery, send a copy of the signed and dated manifest, or a signed and dated copy of the shipping paper if the manifest has not been received within 30 days of delivery, to the generator. The generator is required under part 7045.0265 to send three copies of the manifest to the facility when hazardous waste is sent by rail or water bulk shipment.
E. Retain at the facility a copy of the manifest or shipping paper, if signed in lieu of the manifest at the time of delivery, for at least three years from the date of delivery.
**Subp. 4. Tracking document.**
Within three working days of the receipt of a shipment subject to part 7045.0322, the owner or operator of the facility must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document must be maintained at the facility for at least three years from the date of signature.
**Subp. 5. State-only wastes.**
The owner or operator of a facility must determine whether the consignment state for a shipment regulates any additional wastes, beyond those regulated federally, as hazardous wastes under its state hazardous waste program. The owners or operators of facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 17 SR 1279; 31 SR 1277*
##### **Minn. R. 7045.0582** Manifest Discrepancies {#sec-7045.0582 omnilex-key=us-mn-regs-official--agency-167--7045.0582}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0552 provides otherwise. This part does not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.
**Subp. 2. Definition of discrepancy.**
Manifest discrepancies are defined as major or minor as follows.
A. Major manifest discrepancies are:
B. Minor discrepancies are all other discrepancies such as manifests other than the manifest specified in part 7045.0325, incomplete manifests or shipping papers, manifests or shipping papers which are inconsistent, and a container or portable tank containing hazardous waste which is not properly labeled.
**Subp. 2a. Significant differences.**
A. Significant differences are differences in quantity or type as described in items B and C.
B. Significant differences in quantity are:
C. Significant differences in type are obvious differences that can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.
**Subp. 3. Handling of discrepancies.**
Upon discovering a discrepancy, the owner or operator of a facility shall take action as described in item A, B, or C, as applicable.
A. Upon discovering a significant discrepancy, the owner or operator shall attempt to reconcile the discrepancy with the waste generator and transporter. If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the commissioner a letter describing the discrepancy, attempts made to reconcile it, and a copy of the manifest or shipping paper at issue.
B. Upon discovering a minor discrepancy, the owner or operator must attempt to reconcile the discrepancy with the waste generator and transporter. The owner or operator shall indicate the type of discrepancy and its resolution on the manifest. If the discrepancy cannot be reconciled, the owner or operator shall note this on the manifest with a brief explanation.
C. Upon rejecting a waste or identifying a container residue that exceeds the quantity limits for empty containers in part 7045.0127, the owner or operator of a facility must:
**Subp. 4. Rejections sent to alternate facility.**
A. Except as provided in item B, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility must prepare a new manifest according to part 7045.0261, subpart 1, and:
B. For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing item 18b of the original manifest and supplying the information on the next destination facility in the alternate facility space. The facility must retain a copy of the manifest for its records and give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, the facility must use a new manifest and comply with item A.
**Subp. 5. Rejections returned to generator.**
A. Except as provided in item B, for rejected wastes and residues that must be sent back to the generator, the facility must prepare a new manifest according to part 7045.0261, subpart 1, and:
B. For full load rejections that are made while the transporter remains present at the facility, the facility may return the shipment to the generator with the original manifest by completing items 18a and 18b of the manifest and supplying the generator's information in the alternate facility space. The facility must retain a copy of the manifest for its records and give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, the facility must use a new manifest and comply with item A.
**Subp. 6. Rejections after delivery.**
If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for empty containers in part 7045.0127 after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from item 4 of the new manifest to the discrepancy space of the amended manifest and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of the amendment and must, within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 9 SR 2118; L 1987 c 186 s 15; 31 SR 1277*
##### **Minn. R. 7045.0584** Operating Record {#sec-7045.0584 omnilex-key=us-mn-regs-official--agency-167--7045.0584}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0552 provides otherwise.
**Subp. 2. Record requirements.**
The owner or operator shall keep a written operating record at the facility.
**Subp. 3. Record information.**
The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
A. The names of the generators of the hazardous waste and their identification numbers.
B. The date of arrival of each movement along with the transporter's name and identification numbers.
C. A description and the quantity of each hazardous waste received, and the method and date of treatment, storage, or disposal at the facility in accordance with the record-keeping instructions in Code of Federal Regulations, title 40, part 265, Appendix I, as incorporated in part 7045.0643.
D. The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste must be recorded on a map or diagram of each cell or disposal area. For all facilities, this information must include cross references to specific manifest document numbers, if the waste was accompanied by a manifest.
E. Records and results of waste analyses, waste determinations, and trial tests performed as specified in parts 7045.0564; 7045.0628, subpart 12; 7045.0630, subpart 4; 7045.0632, subpart 3; 7045.0634, subpart 3; 7045.0638, subpart 7; 7045.0640, subpart 2; and 7045.0642, subpart 3; Code of Federal Regulations, title 40, sections 268.4(a) and 268.7, as incorporated in part 7045.1390; and the process vent, equipment leak, and tank, surface impoundment, and container test methods and procedures in Code of Federal Regulations, title 40, sections 265.1034 and 265.1063, as amended, and section 265.1084, as incorporated in part 7045.0645.
F. Summary reports and details of all incidents that require implementing the contingency plan as specified in part 7045.0572, subpart 3.
G. Records and results of inspections as required by part 7045.0556, subpart 5.
H. Monitoring, testing, or analytical data, and corrective action where required by parts 7045.0556, subpart 8; 7045.0590, subparts 1, 6, 7, and 8; 7045.0592, subparts 1 and 7; 7045.0628, subparts 2, 4, and 7; 7045.0630, subparts 2a, 3, and 5; 7045.0632, subparts 4b, 8, and 9; 7045.0634, subparts 4 and 6, item D, subitem (1); 7045.0636; 7045.0638, subparts 2a, 2b, and 2c; and 7045.0640, subpart 4, and the process vent, equipment leak, and tank, surface impoundment, and container test methods and procedures and record keeping requirements in Code of Federal Regulations, title 40, sections 265.1034(c) to (f), 265.1035, 265.1063(d) to (i), and 265.1064, as amended, and sections 265.1083 to 265.1090, as incorporated in part 7045.0645. As required by parts 7045.0590, subparts 6 and 7; and 7045.0592, subpart 7, monitoring data at disposal facilities must be kept throughout the postclosure period.
I. All closure cost estimates under part 7045.0610 and, for disposal facilities, all postclosure estimates under part 7045.0614.
J. Records of the quantities and date of placement of each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted by the United States Environmental Protection Agency under Code of Federal Regulations, title 40, section 268.5, monitoring data required pursuant to a petition under part 7045.0075, subpart 9, or a certificate and demonstration under Code of Federal Regulations, title 40, section 268.8, as incorporated in part 7045.1390, and the notice required by a generator under Code of Federal Regulations, title 40, section 268.7(a)(3), as incorporated in part 7045.1390.
K. For an off-site treatment facility, the notice, and the certification and demonstration, if applicable, required by a generator or the owner or operator under Code of Federal Regulations, title 40, sections 268.7(a)(1) and 268.8, as incorporated in part 7045.1390.
L. For an on-site treatment facility, the information contained in the notice and the certification and demonstration, if applicable, required by a generator or the owner or operator under Code of Federal Regulations, title 40, sections 268.7(a)(1) and 268.8, as incorporated in part 7045.1390, except for the manifest number required under Code of Federal Regulations, title 40, section 268.7(a)(1)(i), as incorporated in part 7045.1390.
M. For an off-site land disposal facility, the notice, certification and demonstration, if applicable, required by the generator, owner or operator of a treatment facility under Code of Federal Regulations, title 40, section 268.7(b)(1)(2) or 268.8, as incorporated in part 7045.1390, for the facility or Code of Federal Regulations, title 40, section 268.7(a)(3), as incorporated in part 7045.1390, for the generator, whichever is applicable.
N. For an on-site land disposal facility, the information contained in the notice and the certification and demonstration, if applicable, required by a generator or the owner or operator under Code of Federal Regulations, title 40, section 268.7 or 268.8, as incorporated in part 7045.1390, except for the manifest number, whichever is applicable.
O. For an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under Code of Federal Regulations, title 40, section 268.7 or 268.8, as incorporated in part 7045.1390.
P. For an on-site storage facility, the information contained in the notice, except the manifest number, and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under Code of Federal Regulations, title 40, section 268.7 or 268.8, as incorporated in part 7045.1390.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 11 SR 1832; 13 SR 259; 13 SR 1238; 16 SR 2239; 16 SR 2321; 18 SR 1886; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0586** Retention and Disposition of Records {#sec-7045.0586 omnilex-key=us-mn-regs-official--agency-167--7045.0586}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0552 provides otherwise.
**Subp. 2. Retention of records.**
The retention period for all records required under parts 7045.0552 to 7045.0649 is three years and is extended automatically during the course of any unresolved enforcement action regarding the facility.
**Subp. 3. Disposition of records.**
A copy of records of waste disposal locations and quantities under part 7045.0584, subpart 3, item D, must be submitted to the Environmental Protection Agency Region V Administrator, the commissioner, and local land authority upon closure of the facility.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 33 SR 2042*
##### **Minn. R. 7045.0588** Required Reports {#sec-7045.0588 omnilex-key=us-mn-regs-official--agency-167--7045.0588}
**Subpart 1. Scope.**
This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0552 provides otherwise. The provisions of subpart 3 do not apply to owners or operators of on-site facilities that do not receive any hazardous waste from off-site sources.
**Subp. 2. Annual report.**
The owner or operator shall prepare and submit a single copy of an annual report to the commissioner, no later than March 1 for the preceding calendar year. The report form and instructions to be used may be obtained from the commissioner. The annual report must cover facility activities during the previous calendar year and must include the following information:
A. the identification number, name, and address of the facility;
B. the year covered by the report;
C. for off-site facilities, the identification number of each hazardous waste generator for whom the facility treated, disposed, or stored a hazardous waste during the year, and for imported shipments, the report must give the name and address of the foreign generator;
D. a description and the quantity of each hazardous waste the facility treated, disposed of, or stored during the year. For off-site facilities, this information must be listed by identification number of each generator;
E. the method of treatment, storage, or disposal for each hazardous waste;
F. monitoring data under part 7045.0590, subpart 7 where required;
G. the most recent closure cost estimate under part 7045.0610 and for disposal facilities, the most recent postclosure cost estimate under part 7045.0614;
H. for generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated;
I. for generators who treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984; and
J. the certification signed by the owner or operator of the facility or an authorized representative.
**Subp. 3. Unmanifested waste report.**
If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in part 7045.0381, subpart 2, and if the waste is not excluded from the manifest requirement, the owner or operator must prepare and submit an unmanifested waste report to the commissioner within 15 days after receiving the waste. The unmanifested waste report must contain the following information:
A. the identification number, name, and address of the facility;
B. the date the facility received the waste;
C. the transporter's name, vehicle license, address, and identification number, if available;
D. the generator's name, address, and identification number, if available;
E. a description and the quantity of each unmanifested hazardous waste the facility received;
F. the method of treatment, storage, or disposal for each hazardous waste;
G. a brief explanation of why the waste was unmanifested, if known; and
H. the certification signed by the owner or operator of the facility or the authorized representative.
**Subp. 4. Additional reports.**
In addition to submitting the manifest discrepancy report described in part 7045.0582, subpart 3, and the annual report and the unmanifested waste reports described in subparts 2 and 3, the owner or operator shall also report to the commissioner and the Environmental Protection Agency Region V Administrator:
A. releases, fires, and explosions as specified in part 7045.0576, subpart 3;
B. groundwater contamination and monitoring data as specified in part 7045.0590, subparts 6 and 7; and 7045.0592, subpart 6;
C. facility closure as specified in part 7045.0594, subpart 3; and
D. as otherwise required by the process vent, equipment leak, and tank, surface impoundment, and container emission standards in parts 7045.0645, 7045.0647, and 7045.0648.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 16 SR 2321; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0590** Ground Water Monitoring {#sec-7045.0590 omnilex-key=us-mn-regs-official--agency-167--7045.0590}
**Subpart 1. General requirements.**
The owner or operator of a surface impoundment, landfill, or land treatment facility which is used to manage hazardous waste shall implement a ground water monitoring program capable of determining the facility's impact on the quality of ground water in the uppermost aquifer underlying the facility, except as subparts 2 and 3 and part 7045.0552 provide otherwise.
Except as subparts 2, 3, and 5 provide otherwise, the owner or operator shall install, operate, and maintain a ground water monitoring system which meets the requirements of subparts 4 and 5, and must comply with subparts 6, 7, and 8 and part 7045.0592. This ground water monitoring program must be carried out during the active life of the facility, and for disposal facilities, during the postclosure care period as well.
**Subp. 2. Neutralization surface impoundments.**
The ground water monitoring requirements of this part and part 7045.0592, may be waived by the commissioner with respect to any surface impoundment that:
A. Is used to neutralize wastes which are hazardous only because they exhibit the corrosivity characteristic under part 7045.0131, subpart 4, or are listed as hazardous wastes in part 7045.0135 only for corrosivity.
B. Contains no other hazardous wastes, if the owner or operator can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration must establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. This demonstration must be in writing and must be certified by a qualified professional, and submitted to the commissioner for review.
**Subp. 3. Waiving of ground water monitoring requirements.**
All or part of the ground water monitoring requirements of this part and part 7045.0592 may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells including domestic, industrial, or agricultural or to surface water. This demonstration must be in writing, and must be kept at the facility. This demonstration must be certified by a qualified geologist or geotechnical engineer and must establish the following:
A. the potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of:
B. the potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of:
**Subp. 4. Ground water monitoring system.**
Requirements of ground water monitoring systems are as follows:
A. A ground water monitoring system must be capable of yielding ground water samples for analysis and must consist of:
B. Separate monitoring systems for each waste management component of a facility are not required provided that provisions for sampling upgradient and downgradient water quality will detect any discharge from the waste management area. In the case of a facility consisting of only one surface impoundment, landfill, or land treatment area, the waste management area is described by the waste boundary. In the case of a facility consisting of more than one surface impoundment, landfill, or land treatment area, the waste management area is described by an imaginary boundary line which circumscribes the several waste management components.
C. All monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. The hole must be screened and packed with gravel or sand where necessary, to enable sample collection at depths where appropriate aquifer flows exist. Where necessary, wells must be properly developed to enable collection of representative ground water samples. The annular space, meaning the space between the bore hole and the well casing, above the sampling depth must be sealed with a suitable material, such as cement grout or bentonite slurry, to prevent contamination of samples and the ground water. All monitoring wells must be constructed in accordance with the Minnesota Water Well Construction Code in chapter 4725.
**Subp. 5. Alternate ground water monitoring systems.**
If an owner or operator assumes or knows that ground water monitoring of indicator parameters in accordance with subparts 4, items A and B, and 6 would show statistically significant increases, or decreases in the case of pH, when evaluated under item A, he or she may install, operate, and maintain an alternate ground water monitoring system other than the one described in subparts 4 and 6. If the owner or operator decides to use an alternate ground water monitoring system, he or she shall:
A. within one year after July 16, 1984, submit to the commissioner a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of part 7045.0592, subpart 4, item C, for an alternate ground water monitoring system;
B. not later than one year after July 16, 1984, initiate the determinations specified in part 7045.0592, subpart 4, item D;
C. prepare and submit a written report in accordance with part 7045.0592, subpart 4, item E;
D. continue to make the determination specified in part 7045.0592, subpart 4, item D on a quarterly basis until final closure of the facility; and
E. comply with the record keeping and reporting requirements in subpart 7.
**Subp. 6. Sampling and analysis.**
The sampling and analysis process is as follows:
A. The owner or operator shall obtain and analyze samples from the installed ground water monitoring system. The owner or operator shall develop and follow a ground water sampling and analysis plan. He or she shall keep this plan at the facility. The plan shall include procedures and techniques for: sample collection, sample preservation and shipment, analytical procedures, and chain of custody control.
B. The owner or operator shall determine the concentration or value of the following parameters in ground water samples in accordance with items C and D:
C. For all monitoring wells, the owner or operator shall establish initial background concentrations or values of all parameters specified in item B quarterly for one year. For each of the indicator parameters specified in item B, subitem (3), and determined pursuant to item B, subitem (4), at least four replicate measurements must be obtained for each sample and the initial background arithmetic mean and variance must be determined by pooling the replicate measurements for the respective parameter concentrations or values in samples obtained from upgradient wells during the first year.
D. After the first year, all monitoring wells must be sampled and the samples analyzed with the following frequencies:
E. Elevation of the ground water surface at each monitoring well must be determined each time a sample is obtained.
**Subp. 7. Record keeping.**
Unless the ground water is monitored to satisfy the requirements of part 7045.0592, subpart 4, item D, the owner or operator shall keep records of the analyses required in subpart 6, items C and D, the associated ground water surface elevations required in subpart 6, item E, and the evaluations required in part 7045.0592, subpart 2, throughout the active life of the facility, and, for disposal facilities, throughout the postclosure care period as well.
If the ground water is monitored to satisfy the requirements of part 7045.0592, subpart 4, item D, the owner or operator shall keep records of the analyses and evaluations specified in the plan, which satisfies the requirements of part 7045.0592, subpart 4, item C, throughout the active life of the facility, and for disposal facilities, throughout the postclosure care period as well.
**Subp. 8. Reporting.**
Reporting requirements are as follows:
A. Unless the ground water is monitored to satisfy the requirements of part 7045.0592, subpart 4, item D, the owner or operator shall report the following ground water monitoring information to the commissioner:
B. If the ground water is monitored to satisfy the requirements of part 7045.0592, subpart 4, item D, the owner or operator shall annually, until final closure of the facility, submit to the commissioner a report containing the results of his or her ground water quality assessment program which includes, but is not limited to, the calculated or measured rate of migration of hazardous waste or hazardous waste constituents in the ground water during the reporting period. This report must be submitted as part of the annual report required under part 7045.0588, subpart 2.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 20 SR 715*
##### **Minn. R. 7045.0592** Ground Water Quality Assessment Program {#sec-7045.0592 omnilex-key=us-mn-regs-official--agency-167--7045.0592}
**Subpart 1. Program outline.**
The owner or operator shall prepare an outline of a ground water quality assessment program. The outline must describe a more comprehensive ground water monitoring program than that described in part 7045.0590, subparts 4, 5, and 6. The program must be capable of determining:
A. whether hazardous waste or hazardous waste constituents have entered the ground water;
B. the rate and extent of migration of hazardous waste or hazardous waste constituents in the ground water; and
C. the concentrations of hazardous waste or hazardous waste constituents in the ground water.
**Subp. 2. Comparison of analysis results.**
For each indicator parameter specified in part 7045.0590, subpart 6, item B, subitem (3), and determined pursuant to part 7045.0590, subpart 6, item B, subitem (4), the owner or operator shall calculate the arithmetic mean and variance, based on at least four replicate measurements on each sample, for each well monitored in accordance with part 7045.0590, subpart 6, item D, and compare these results with its initial background arithmetic mean. The comparison must consider individually each of the wells in the monitoring system, and must use the Student's t-test at the 0.01 level of significance as described in Code of Federal Regulations, title 40, part 265, appendix IV, as amended, to determine statistically significant increases and, in the case of pH, decreases from initial background.
**Subp. 3. Additional sampling.**
If the comparisons for the upgradient wells made under subpart 2 show a significant increase or pH decrease, the owner or operator shall submit this information in accordance with part 7045.0590, subpart 8, item A, subitem (2).
If the comparisons for downgradient wells made under subpart 2 show a significant increase or pH decrease, the owner or operator shall then immediately obtain additional ground water samples from those downgradient wells where a significant difference was detected, split the samples in two, and obtain analyses of all additional samples to determine whether the significant difference was a result of laboratory error.
**Subp. 4. Notification.**
Notification requirements are as follows:
A. If the analyses performed under subpart 3 confirm the significant increase or pH decrease, the owner or operator shall provide written notice to the commissioner, within seven days of the date of such confirmation, that the facility may be affecting ground water quality.
B. Within 15 days after the notification under item A, the owner or operator shall develop and submit to the commissioner a specific plan, based on the outline required under subpart 1 and certified by a qualified geologist or geotechnical engineer, for a ground water quality assessment program at the facility.
C. The plan to be submitted under item B or part 7045.0590, subpart 5, item A must specify:
D. The owner or operator shall implement the ground water quality assessment plan which satisfies the requirements of item C and determine:
E. The owner or operator shall make the first determination under item D as soon as technically feasible, and, within 15 days after determination, submit to the commissioner a written report containing an assessment of the ground water quality.
F. If the owner or operator determines, based on the results of the first determination under item D, that no hazardous waste or hazardous waste constituents from the facility have entered the ground water, then he or she may reinstate the indicator evaluation program described in part 7045.0590, subpart 6, item B, subitems (1) and (2). If the owner or operator reinstates the indicator evaluation program, he or she shall so notify the commissioner in the report submitted under item E.
G. If the owner or operator determines, based on the first determination under item D, that hazardous waste or hazardous waste constituents from the facility have entered the ground water, then he or she:
**Subp. 5. Completion requirement.**
Notwithstanding any other provision of this part, any ground water quality assessment to satisfy the requirements of subpart 4, item D, which is initiated prior to final closure of the facility must be completed and reported in accordance with subpart 4, item E.
**Subp. 6. Annual evaluation.**
Unless the ground water is monitored to satisfy the requirements of subpart 4, item D, the owner or operator shall evaluate at least annually the data on ground water surface elevations obtained under part 7045.0590, subpart 6, item E, to determine whether the requirements under part 7045.0590, subpart 4, for locating the monitoring wells continues to be satisfied. If the evaluation shows that part 7045.0590, subpart 4, is no longer satisfied, the owner or operator shall immediately modify the number, location, or depth of the monitoring wells to bring the ground water monitoring system into compliance with this requirement.
**Subp. 7. Record keeping and reporting.**
If the ground water is monitored to satisfy the requirements of subpart 4, item D, the owner or operator shall:
A. keep records of the analyses and evaluations specified in the plan, which satisfies the requirements of subpart 4, item C, throughout the active life of the facility, and for disposal facilities, throughout the postclosure care period as well; and
B. annually, until final closure of the facility, submit to the commissioner a report containing the results of the ground water quality assessment program which includes, but is not limited to, the calculated or measured rate of migration of hazardous waste or hazardous waste constituents in the ground water during the reporting period. This report must be submitted as part of the annual report.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 20 SR 715*
##### **Minn. R. 7045.0594** Closure {#sec-7045.0594 omnilex-key=us-mn-regs-official--agency-167--7045.0594}
**Subpart 1. Scope.**
Except as provided otherwise in part 7045.0552, this part and part 7045.0596 apply to the owners and operators of all hazardous waste facilities.
**Subp. 2. Closure performance standard.**
The owner or operator shall close the facility in a manner minimizing the need for further maintenance. Closure procedures must result in controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere, in accordance with all closure requirements including the requirements of parts 7045.0628, subpart 9; 7045.0630, subpart 6; 7045.0632, subpart 7; 7045.0634, subpart 6; 7045.0638, subpart 4; 7045.0640, subpart 5; and 7045.0642, subpart 5; and Code of Federal Regulations, title 40, section 265.1102, as incorporated in part 7045.0649.
**Subp. 3. Submittal of closure plan.**
The closure plans must be submitted as follows:
A. A copy of the written closure plan and all revisions to the plan must be furnished to the commissioner upon request, including request by mail until final closure is completed and certified. For facilities without approved closure plans, the plan must also be provided to the commissioner as requested, during site inspections on the day of the inspection. The plan must identify steps necessary to perform partial and/or final closure of the facility at any point during its active life. The closure plan must include:
B. The owner or operator may amend the closure plan at any time before notification of partial or final closure of the facility. An owner or operator with an approved closure plan must submit a written request to the commissioner to authorize a change to the approved closure plan. The written request must include a copy of the amended closure plan for approval by the commissioner. The owner or operator shall amend the plan whenever:
C. The owner or operator of a hazardous waste facility having interim status shall submit a closure plan to the commissioner at least 180 days before the date he or she expects to begin closure of the first surface impoundment, waste pile, land treatment, or landfill unit, or final facility closure if it involves such a unit, whichever is earlier. The owner or operator shall submit a closure plan to the commissioner at least 45 days before the date he or she expects to begin final closure of a facility with only tanks, container storage, or incinerator units. The owner or operator shall submit the closure plan no later than 15 days after:
D. Owners or operators with approved closure plans must notify the commissioner in writing at least:
E. The date on which the owner or operator "expects to begin closure" is defined as follows:
F. The commissioner shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments, to request modifications, or to request a public information meeting on the closure plan within 30 days of the date of the notice. In response to a request or at the commissioner's discretion, the commissioner shall hold a public information meeting whenever a meeting might clarify one or more issues concerning the closure plan. The commissioner shall approve, modify, or disapprove closure plans for facilities having interim status within 90 days of receipt of the plan. If the commissioner does not approve the plan, the commissioner shall provide the owner or operator with a detailed written statement of reasons for the refusal. The owner or operator shall submit a modified or new plan for approval within 30 days. The commissioner shall approve or modify this plan. If the commissioner modifies the plan, this modified plan becomes the approved closure plan. A copy of the modified plan shall be mailed to the owner or operator.
**Subp. 4. Removal of wastes and decontamination or dismantling of equipment.**
Nothing in this part shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 16 SR 1225; 20 SR 715; 22 SR 5; 33 SR 2042*
##### **Minn. R. 7045.0596** Closure Activities {#sec-7045.0596 omnilex-key=us-mn-regs-official--agency-167--7045.0596}
**Subpart 1. Time allowance to begin closure activities.**
Within 90 days after receiving the final volume of hazardous waste, or the final volume of nonhazardous waste if the owner or operator complies with all applicable requirements in subpart 2a, at a hazardous waste management unit or facility, or within 90 days after approval of the closure plan, whichever is later, the owner or operator shall treat, remove from the unit or facility, or dispose on-site all hazardous waste in accordance with the approved closure plan. The commissioner may approve a longer period if the owner or operator demonstrates at least 30 days before expiration of the 90 day period, that he or she has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable interim status requirements, and:
A. the activities required to comply with the approved closure plan will, of necessity, take longer than 90 days to complete; or
B. the hazardous waste management unit or facility has the capacity to receive additional hazardous waste, or has the capacity to receive nonhazardous waste if the facility owner or operator complies with subpart 2a, there is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or facility within one year, and closure of the unit or facility would be incompatible with continued operation of the site. If the owner or operator of a facility required to maintain financial assurance for closure, postclosure care, or corrective action fails to make any required payment or to substitute alternative financial assurance when required to do so, the commissioner shall order the owner or operator to begin closure activities.
**Subp. 2. Time extension for closure activities.**
The owner or operator shall complete partial or final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous waste, or the final volume of nonhazardous waste if the owner or operator complies with all applicable requirements of subpart 2a, at the hazardous waste management unit or facility, or 180 days after approval of the closure plan if that is later. The commissioner may approve a longer closure period if the owner or operator demonstrates at least 30 days before expiration of the 180 day period that he or she has taken, unless the owner or operator is otherwise subject to the deadlines in subpart 2a, and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including all applicable interim status requirements, and:
A. the partial or final closure activities will, of necessity, take longer than 180 days to complete; or
B. the hazardous waste management unit or facility has capacity to receive additional hazardous waste, or has the capacity to receive nonhazardous wastes if the facility owner or operator complies with subpart 2a, there is a reasonable likelihood that the owner or operator or another person will recommence operation of the unit or facility within one year, and closure of the unit or facility would be incompatible with continued operation of the site. If operation of the site is recommended, the commissioner may defer completion of partial or final closure activities until the new operation is terminated.
**Subp. 2a. Conditions for receiving nonhazardous waste.**
The commissioner shall allow an owner or operator to receive only nonhazardous waste in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous waste at that unit if:
A. the owner or operator submits an amended Part B application, or a Part B application, if not previously required, and demonstrates that:
B. the Part B application includes an amended waste analysis plan required under part 7045.0564, groundwater monitoring and response program required under parts 7045.0590 and 7045.0592, human exposure assessment required under parts 7001.0590 and 7001.0620, closure and postclosure plans required under parts 7045.0594 and 7045.0600, and updated cost estimates and demonstration of financial assurance for closure and postclosure care as necessary and appropriate required under parts 7045.0610 to 7045.0618, to reflect any changes due to the presence of hazardous constituents in the nonhazardous wastes, and changes in closure activities required under part 7045.0596, including the expected year of closure if applicable under part 7045.0594, subpart 3, item A, subitem (5), as a result of the receipt of nonhazardous wastes following the final receipt of hazardous wastes;
C. the Part B application is amended, as necessary and appropriate, to account for the receipt of nonhazardous wastes following receipt of the final volume of hazardous wastes; and
D. the Part B application and the demonstrations referred to in items A and B are submitted to the commissioner no later than 120 days before the date which the owner or operator of the facility receives the known final volume of hazardous wastes at the unit. If the owner or operator of a surface impoundment is not in compliance with the liner and leachate collection system minimum technology requirements of part 7045.0630, subpart 1a, the owner or operator may not delay closure in order to accept nonhazardous wastes.
**Subp. 3. Disposal or decontamination of equipment, structures, and soils.**
During the partial and final closure periods, all contaminated facility equipment, structures, and soils must be properly disposed of or decontaminated, unless otherwise specified in part 7045.0628, subpart 9; 7045.0630, subpart 6; 7045.0632, subpart 7; 7045.0634, subpart 6; or 7045.0638, subpart 4. By removing any hazardous wastes or hazardous constituents during partial or final closure, the owner or operator may become a generator of hazardous waste and must handle that waste according to all applicable requirements of parts 7045.0205 to 7045.0325.
**Subp. 4. Certification of closure.**
Within 60 days after closure is completed for each hazardous waste management unit and within 60 days after final closure is completed, the owner or operator shall submit to the commissioner, by registered mail, certification by the owner or operator and by an independent registered professional engineer that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. Documentation supporting the independent registered professional engineer's certification must be furnished to the commissioner upon request until he or she releases the owner or operator from the financial assurance requirements for closure under part 7045.0612, subpart 9.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 15 SR 1515; 16 SR 1225; 16 SR 2102; 18 SR 1565; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0600** Postclosure {#sec-7045.0600 omnilex-key=us-mn-regs-official--agency-167--7045.0600}
**Subpart 1. Scope.**
This part and parts 7045.0602 to 7045.0606 apply to the owners and operators of all hazardous waste disposal facilities, including surface impoundments and waste piles from which the owner or operator intends to remove the wastes at closure, to the extent that the owner or operator is required to provide postclosure care in part 7045.0630, subpart 6, or 7045.0632, subpart 7; tank systems that are required under part 7045.0628, subpart 9, to meet the requirements for landfills; and containment buildings that are required under Code of Federal Regulations, title 40, section 265.1102, as incorporated in part 7045.0649, to meet the requirement for landfills, except as provided otherwise in part 7045.0552.
**Subp. 2. Submittal of postclosure plan.**
The postclosure plan must be submitted as follows:
A. The owner or operator of a disposal facility shall have a written postclosure plan. A copy of the most current plan must be furnished to the commissioner upon request, including request by mail, until the postclosure care period begins. For facilities without approved postclosure plans, it must also be provided to the commissioner as requested, during site inspections, on the day of inspection. For each hazardous waste management unit subject to postclosure care requirements, the plan must identify the activities which will be carried on after closure of the unit and the frequency of these activities, and it must include:
B. The owner or operator may amend the postclosure plan at any time during the active life of the disposal facility or during the postclosure period. An owner or operator with an approved postclosure plan must submit a written request to the commissioner to authorize a change in the approved plan. The owner or operator shall amend the plan whenever the following conditions affect the postclosure plan:
C. The owner or operator of a facility with hazardous waste management units subject to postclosure requirements shall submit the postclosure plan to the commissioner at least 180 days before the date he or she expects to begin closure of the first hazardous waste disposal unit. The date on which the owner or operator "expects to begin closure" is defined as follows:
D. The commissioner shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments, to request modification, or to request a public information meeting on the postclosure plan or substantive amendments to the postclosure plan within 30 days of the date of the notice. In response to a request or at his or her own discretion, the commissioner shall hold a public information meeting whenever a meeting might clarify one or more issues concerning the postclosure plan. The commissioner shall approve, modify, or disapprove postclosure plans for facilities having interim status within 90 days of the receipt of the plan. If the commissioner does not approve the plan, he or she shall provide the owner or operator with a detailed written statement of reasons for the refusal, and the owner or operator shall submit a modified or new plan for approval within 30 days after receiving this written statement. The commissioner shall approve or modify this plan in writing within 60 days. If the commissioner modifies the plan, this modified plan becomes the approved postclosure plan. A copy of the modified plan and a detailed statement of reasons for the modifications shall be mailed to the owner or operator. The commissioner shall ensure that the approved postclosure plan is consistent with this part and with the postclosure care and use of property requirements in parts 7045.0602, 7045.0604, and 7045.0606.
**Subp. 3. Modification of postclosure period.**
The postclosure period may be modified during the postclosure care period as described in items A and B:
A. The owner or operator or any member of the public may petition the commissioner to extend or reduce the postclosure care period applicable to a hazardous waste management unit or facility or alter the requirements of the postclosure care period based on cause.
B. The commissioner may decide to modify the postclosure plan if necessary to prevent threats to human health and the environment. Extension or reduction of the postclosure care period or alteration of the requirements of the postclosure care period may be proposed based on cause. The commissioner shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments or request a public information meeting within 30 days of the date of the notice. The commissioner shall in response to a request or at his or her own discretion hold a public information meeting whenever a meeting might clarify one or more issues concerning the postclosure plan. After considering the comments, a final determination shall be issued. The commissioner shall base the final determination upon the criteria outlined in item A, subitem (1). A modification of the postclosure plan may include, when appropriate, the temporary suspension rather than permanent deletion of one or more postclosure care requirements. At the end of the specified period of suspension, the commissioner shall determine whether the requirements should be permanently discontinued or reinstated to prevent threats to human health and the environment.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 259; 15 SR 1515; 33 SR 2042*
##### **Minn. R. 7045.0602** Postclosure Care and Use of Property {#sec-7045.0602 omnilex-key=us-mn-regs-official--agency-167--7045.0602}
**Subpart 1. Postclosure care requirements.**
Postclosure care for each hazardous waste management unit subject to these requirements must continue for 30 years after the date of completing closure of the unit and must consist of at least ground water monitoring and reporting and the maintenance of monitoring and waste containment systems in accordance with parts 7045.0630, 7045.0632, 7045.0634, and 7045.0638, as applicable.
The commissioner may reduce the postclosure care period to less than 30 years for the hazardous waste management unit or facility, if all disposal units have been closed, if it is found that the reduced period is sufficient to protect human health and the environment. This determination must be based on leachate or ground water monitoring results, waste characteristics, application of advanced technology, or alternative disposal, treatment, or reuse techniques indicating the hazardous waste management unit or facility is secure.
Before the time that the postclosure care period is due to expire, the commissioner may extend the postclosure care period applicable to the hazardous waste management unit or facility, if it is found that the extended period is necessary to protect human health and the environment. This determination must be based on leachate or groundwater monitoring results which indicate a potential for migration of wastes at levels which may be harmful to the environment.
All postclosure care activities must be in accordance with the provisions of the approved postclosure plan.
**Subp. 2. Continuation of security requirements.**
The commissioner may require, at partial or final closure, continuation of any of the security requirements during part of or all of the postclosure period after the date of completing closure when wastes may remain exposed after completion of closure or when access by the public or domestic livestock may pose a hazard to human health.
**Subp. 3. Postclosure use of property.**
Postclosure use of property on or in which hazardous wastes remain after closure must never be allowed by the owner or operator to disturb the integrity of the final cover, liners, or any other components of any containment system or the function of the facility's monitoring system, unless the owner or operator can demonstrate to the commissioner either in the postclosure plan or by petition that the disturbance:
A. is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or
B. is necessary to reduce a threat to human health or the environment.
**Subp. 4. Certification of completion of postclosure care.**
Within 60 days after completion of the established postclosure care period for each hazardous waste disposal unit, the owner or operator shall submit to the commissioner, by registered mail, certification that the postclosure care period for the hazardous waste disposal unit was performed in accordance with the approved postclosure plan. The certification must be signed by the owner or operator and an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must be furnished to the commissioner upon request until the commissioner releases the owner or operator from the financial assurance requirements for postclosure care under part 7045.0616, subpart 9.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 577*
##### **Minn. R. 7045.0604** Notice to Local Land Authority {#sec-7045.0604 omnilex-key=us-mn-regs-official--agency-167--7045.0604}
**Subpart 1. Submission of survey plat.**
No later than the certification of closure of each hazardous waste disposal unit is submitted to the commissioner, the owner or operator shall submit to the local zoning authority or the authority with jurisdiction over local land use and to the commissioner a survey plat indicating the location and dimensions of landfill cells or other disposal areas with respect to permanently surveyed bench marks. This plat must be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority or authority with jurisdiction over local land use must contain a prominently displayed note which states the owner's or operator's obligation to restrict disturbance of the site as specified.
**Subp. 2. Postclosure notices.**
Within 60 days after closure is certified for each hazardous waste disposal unit, in addition, the owner or operator shall submit to the local zoning authority or the authority with jurisdiction over local land use and to the commissioner a record of the type, location, and quantity of hazardous waste disposed of within each cell or area of the facility. For hazardous waste disposed of before January 12, 1981, the owner or operator shall identify the type, location, and quantity of the waste to the best of his or her knowledge and in accordance with any records kept. Any changes in the type, location, or quantity of hazardous waste disposed of within each cell or area of the facility that occur after the survey plat and record of waste have been filed must be reported to the local zoning authority or the authority with jurisdiction over local land use and to the commissioner.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15*
##### **Minn. R. 7045.0606** Notice in Deed to Property {#sec-7045.0606 omnilex-key=us-mn-regs-official--agency-167--7045.0606}
**Subpart 1. Deed notation.**
Within 60 days after closure of the first hazardous waste disposal unit is certified and within 60 days after closure of the last hazardous waste disposal unit is certified, the owner or operator of the property on which a disposal unit is located shall:
A. record, in accordance with state law, a notation on the deed to the facility property, or on another instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:
B. submit a certification signed by the owner or operator that he or she has recorded the notation specified in this subpart, including a copy of the document in which the notation has been placed, to the commissioner.
**Subp. 2. Changes to deed.**
If at any time the owner or operator or any subsequent owner of the land upon which a hazardous waste facility was located intends to remove the hazardous waste and hazardous waste residues, the liner, if any, and all contaminated underlying and surrounding soil, the owner or operator must request a modification to the approved postclosure plan in accordance with part 7045.0600, subpart 2, item B. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the criteria of part 7045.0602, subpart 3. If the owner or operator is granted approval to conduct removal activities, he or she may request that the commissioner approve either:
A. removal of the notation on the deed to the facility property or other instrument normally examined during title search; or
B. addition of a notation to the deed or instrument indicating the removal of the hazardous waste. By removing hazardous waste and hazardous waste residue; the liner, if any; and the contaminated soil, the owner or operator, unless he or she can demonstrate that any waste removed is not a hazardous waste, becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this chapter.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15*
##### **Minn. R. 7045.0608** Financial Requirements {#sec-7045.0608 omnilex-key=us-mn-regs-official--agency-167--7045.0608}
**Subpart 1. Scope.**
The requirements of parts 7045.0610, 7045.0612, and 7045.0620 to 7045.0624 apply to owners and operators of hazardous waste facilities except as provided otherwise in this part or in part 7045.0552.
The requirements of parts 7045.0614 to 7045.0618 apply only to owners and operators of disposal facilities; tank systems that are required under part 7045.0628, subpart 9, to meet the requirements for landfills; and containment buildings that are required under Code of Federal Regulations, title 40, section 265.1102, as incorporated in part 7045.0649, to meet the requirements for landfills.
The state and the federal government are exempt from the requirements of parts 7045.0608 to 7045.0624.
**Subp. 2. Definitions.**
Definitions are as follows:
A. When used in parts 7045.0608 to 7045.0624, the following terms have the meanings given.
B. The following terms are used in the specifications for the financial tests for closure, postclosure care, and liability coverage. The following definitions are intended to assist in the understanding of these parts and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices:
C. In the liability insurance requirements, the terms "bodily injury" and "property damage" have the meanings given them by applicable state law. However, these terms do not include liabilities which, consistent with standard industry practice, are excluded from coverage in liability policies for bodily injury and property damage. The agency intends the meanings of other terms used in the liability insurance requirements to be consistent with common meanings within the insurance industry. The definitions given in subitems (1) to (4) of several of the terms are intended to assist in the understanding of these parts and are not intended to limit their meanings in a way that conflicts with general insurance industry usage:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; 13 SR 259; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0610** Cost Estimate for Facility Closure {#sec-7045.0610 omnilex-key=us-mn-regs-official--agency-167--7045.0610}
**Subpart 1. Cost estimate requirements.**
The owner or operator shall prepare a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the closure plan in part 7045.0594 and applicable closure requirements in parts 7045.0626, subpart 8; 7045.0630, subpart 6; 7045.0632, subpart 7; 7045.0634, subpart 6; 7045.0638, subpart 4; 7045.0640, subpart 5; and 7045.0642, subpart 5; and Code of Federal Regulations, title 40, section 265.1102, as incorporated in part 7045.0649. The closure cost estimate must equal the cost of closure at the point in the facility's operating life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan. The closure cost shall be estimated as follows:
A. The closure cost estimate must be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. The owner or operator may use costs for on-site disposal if it can be demonstrated that on-site disposal capacity will exist at all times through the life of the facility.
B. The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous wastes, or nonhazardous wastes if applicable under part 7045.0596, subpart 2a, facility structures or equipment, land, or other assets associated with the facility at the time of partial or final closure.
C. The owner or operator may not incorporate a zero cost for hazardous wastes, or nonhazardous wastes if applicable under part 7045.0596, subpart 2a, that might have economic value.
**Subp. 2. Yearly update of cost estimate.**
During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within 60 days before each anniversary of the date on which the financial instruments used to comply with part 7045.0612 were established. Owners and operators using the financial test or corporate guarantee shall adjust the closure cost estimate for inflation within 30 days after the close of the firm's fiscal year and before submission of updated information to the commissioner as specified in part 7045.0504, subpart 7, item E. The adjustment must be made as specified in items A and B using an inflation factor derived from the annual Implicit Price Deflator for Gross National Product as found in the Survey of Current Business issued by the United States Department of Commerce. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.
Adjustments must be made as follows:
A. The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
B. Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
**Subp. 3. Cost estimate revisions.**
The owner or operator shall revise the closure cost estimate within 30 days after a change in the closure plan increases the cost of closure, or within 30 days after the commissioner has approved the request to modify the plan, for facilities with approved closure plans. The revised closure cost estimate must be adjusted for inflation as specified in subpart 2.
**Subp. 4. Record retention.**
The owner or operator shall supply the following to the commissioner upon request, including request by mail until closure is completed: the latest closure cost estimate prepared in accordance with subparts 1 and 3 and, when this estimate has been adjusted in accordance with subpart 2, the latest adjusted closure cost estimate.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 577; 16 SR 1225; 18 SR 1565; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0612** Financial Assurance for Facility Closure {#sec-7045.0612 omnilex-key=us-mn-regs-official--agency-167--7045.0612}
**Subpart 1. In general.**
An owner or operator of a facility shall establish financial assurance for closure of the facility by choosing from the options specified in subparts 2 to 6.
**Subp. 2. Closure trust fund.**
Requirements for closure trust funds are as follows:
A. An owner or operator may satisfy the requirements of this rule by establishing a closure trust fund which conforms to the requirements of items A to M, and by submitting an originally signed duplicate of the trust agreement to the commissioner. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
B. The wording of the trust agreement must be identical to the wording specified in part 7045.0524, subpart 1, item A, and the trust agreement must be accompanied by a formal certification of acknowledgment as shown in part 7045.0524, subpart 1, item B. Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current closure cost estimate covered by the agreement.
C. Payments into the trust fund must be made annually by the owner or operator of a facility required to establish financial assurance for closure under Code of Federal Regulations, title 40, part 265, subpart H (1983) over the 20 years beginning the effective date of Code of Federal Regulations, title 40, section 265.143 (1983), or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the closure trust fund must be made as described in subitems (1) and (2):
D. Payments into the trust fund must be made annually by the owner or operator of a facility which was not required to establish financial assurance for closure under Code of Federal Regulations, title 40, part 265, subpart H (1983) but is required to establish financial assurance for closure under these parts over the 20 years beginning with July 16, 1984, or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter. The first payment must be made within 90 days of July 16, 1984. The first payment must be at least equal to the current closure cost estimate, except as provided in subpart 7, divided by the number of years in the pay-in period. Subsequent payments must be made as specified in item C, subitem (2). The amount of each subsequent payment must be determined by this formula: where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
E. The owner or operator may accelerate payments into the trust fund or may deposit the full amount of the current closure cost estimate at the time the fund is established. However, he or she shall maintain the value of the fund at no less than the value that the fund would have if annual payments were made as specified in item C or D.
F. If the owner or operator establishes a closure trust fund after having used one or more alternate mechanisms specified in this part, the first payment must be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made as specified in item C or D.
G. After the pay-in period is completed, whenever the current closure cost estimate changes, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate and submit a receipt from the trustee for this payment to the commissioner, or obtain other financial assurance as specified in this part to cover the difference.
H. If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or operator may submit a written request to the commissioner for release of the amount in excess of the current closure cost estimate.
I. If an owner or operator substitutes other financial assurance as specified in this part for all or part of the trust fund, he or she may submit a written request to the commissioner for release of the amount in excess of the current closure cost estimate covered by the trust fund.
J. The trustee shall notify the owner or operator and the commissioner by certified mail within ten days following the expiration of the 30-day period after the anniversary of the establishment of the trust, if no payment is received from the owner or operator during that period. Within 60 days after receipt by both the owner or operator and the commissioner of a notice of nonpayment of any payment required by this part, the owner or operator shall:
K. Within 60 days after receiving a request from the owner or operator for release of funds as specified in item H or I, the commissioner shall instruct the trustee to release to the owner or operator funds as the commissioner specifies in writing.
L. After beginning partial or final closure, an owner or operator or any other person authorized to perform partial or final closure may request reimbursement for partial or final closure expenditures by submitting itemized bills to the commissioner. The owner or operator may request reimbursements for partial closure only if sufficient funds remain in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for partial or final closure activities, the commissioner shall determine whether the partial or final closure expenditures comply with the closure plan or are otherwise justified, and if so, the commissioner shall instruct the trustee to make reimbursement in amounts as the commissioner specifies in writing. If the commissioner has reason to believe that the maximum cost of closure will be significantly greater than the value of the trust fund, the commissioner may withhold reimbursement of the amounts as deemed prudent until it is determined, under subpart 9, that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the commissioner withholds reimbursement, the commissioner shall provide the owner or operator with a detailed written statement of reasons.
M. The commissioner shall agree to termination of the trust if:
**Subp. 3. Surety bond guaranteeing payment into a closure trust fund.**
Requirements for surety bonds that guarantee payment into a closure trust fund are as follows:
A. An owner or operator may satisfy the requirements of this part by obtaining a surety bond which conforms to the requirements of items A to I, and by submitting the bond to the commissioner. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7045.0524, subpart 2.
C. The owner or operator who uses a surety bond to satisfy the requirements of this part, shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements specified in subpart 2 except that: an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond; and until the standby trust fund is funded pursuant to the requirements of subpart 3, the requirements specified in subitems (1) to (4) are not required:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety becomes liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
F. The penal sum of the bond must be in an amount at least equal to the current closure cost estimate, except as provided in subpart 7.
G. Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the commissioner, or obtain other financial assurance as specified in this rule to cover the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the commissioner.
H. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.
I. The owner or operator may cancel the bond if the commissioner has given prior written consent based on receipt of evidence of alternate financial assurance as specified in this part.
**Subp. 4. Closure letter of credit.**
Requirements for closure letters of credit are as follows:
A. An owner or operator may satisfy the requirements of this part by obtaining an irrevocable standby letter of credit which conforms to the requirements of items A to J, and by submitting the letter to the commissioner. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.
B. The wording of the letter of credit must be identical to the wording specified in part 7045.0524, subpart 4.
C. An owner or operator who uses a letter of credit to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the commissioner, shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements of the trust fund specified in subpart 2 except that: an originally signed duplicate of the trust agreement must be submitted to the commissioner with the letter of credit; and unless the standby trust fund is funded according to this subpart, the requirements specified in subitems (1) to (4) are not required:
D. The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the identification number, name, and address of the facility, and the amount of funds assured for closure of the facility by the letter of credit.
E. The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the commissioner, by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days begins on the date when both the owner or operator and the commissioner have received the notice, as evidenced by the return receipts.
F. The letter of credit must be issued in an amount at least equal to the current closure cost estimate, except as provided in subpart 7.
G. Whenever the current closure cost estimate increases to an amount greater than the amount of the credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the credit to be increased so that it at least equals the current closure cost estimate and submit evidence of such increase to the commissioner or obtain other financial assurance as specified in this part to cover the increase. Whenever the current closure cost estimate decreases, the amount of the credit may be reduced to the amount of the current closure cost estimate following written approval by the commissioner.
H. Following a determination by the commissioner that the owner or operator has failed to perform final closure in accordance with the closure plan and other interim status requirements when required to do so, the commissioner may draw on the letter of credit.
I. If the owner or operator does not establish alternate financial assurance as specified in this part and obtain written approval of the alternate assurance from the commissioner within 90 days after receipt by both the owner or operator and the commissioner of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the commissioner shall draw on the letter of credit. The commissioner may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of an extension the commissioner shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this part and obtain written approval of such assurance from the commissioner.
J. The commissioner shall return the letter of credit to the issuing institution for termination if:
**Subp. 5. Closure insurance.**
Requirements for closure insurance are as follows:
A. An owner or operator may satisfy the requirements of this rule by obtaining closure insurance which conforms to the requirements of items A to J, and by submitting a certificate of the insurance to the commissioner by July 16, 1984. By July 16, 1984, the owner or operator of a facility which is not required to establish financial assurance for closure under Code of Federal Regulations, title 40, part 265, subpart H (1983) but is required to establish financial assurance for closure under these parts shall submit to the commissioner a letter from an insurer stating that the insurer is considering issuance of closure insurance conforming to the requirements of items A to J to the owner or operator. Within 90 days after July 16, 1984, the owner or operator of a facility which is not required to establish financial assurance for closure under Code of Federal Regulations, title 40, part 265, subpart H (1983) but is required to establish financial assurance for closure under these parts shall submit the certificate of insurance to the commissioner, or establish other financial assurance as specified in this part. The insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
B. The wording of the certificate of insurance must be identical to the wording specified in part 7045.0524, subpart 5.
C. The closure insurance policy must be issued for a face amount at least equal to the current closure cost estimate, except as provided in subpart 7. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer do not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.
D. The closure insurance policy must guarantee that funds will be available to close the facility whenever final closure occurs. The policy must also guarantee that once final closure begins, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the commissioner, to such party or parties as the commissioner specifies.
E. After beginning partial or final closure, an owner or operator, or other person authorized to perform closure, may request reimbursement for closure expenditures by submitting itemized bills to the commissioner. The owner or operator may request reimbursements for partial closure only if the remaining value of the policy is sufficient to cover the maximum costs of closing the facility over its operating life. Within 60 days after receiving bills for closure activities, the commissioner shall determine whether the closure expenditures are in accordance with the closure plan or otherwise justified, and if so, the commissioner shall instruct the insurer to make reimbursement in the amounts the commissioner specifies in writing. If the commissioner has reason to believe that the maximum cost of closure will be significantly greater than the face amount of the policy, the commissioner may withhold reimbursement of the amounts deemed prudent until it is determined in accordance with subpart 9 that the owner or operator is no longer required to maintain financial assurance for closure of the facility. If the commissioner withholds reimbursement, the commissioner shall provide the owner or operator with a detailed written statement of reasons.
F. The owner or operator shall maintain the policy in full force and effect until the commissioner consents to termination of the policy by the owner or operator as specified in item J.
G. Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. The assignment may be conditional upon consent of the insurer, if the consent is not unreasonably refused.
H. The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the commissioner. Cancellation, termination, or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the commissioner and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will remain in full force and effect if on or before the date of expiration one or more of the events specified in subitems (1) to (5) occurs:
I. Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the commissioner, or obtain other financial assurance as specified in this part to cover the increase. Whenever the current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost estimate following written approval by the commissioner.
J. The commissioner shall give written consent to the owner or operator to terminate the insurance policy if:
**Subp. 6. Financial test and corporate guarantee for closure.**
The financial test and corporate guarantee for closure is as follows:
A. An owner or operator may satisfy the requirements of this part by demonstrating passage of a financial test as specified in items A to L. To pass this test the owner or operator shall meet the criteria of either item B or C.
B. The owner or operator shall have:
C. The owner or operator shall have:
D. The phrase "current closure and postclosure cost estimates" as used in items A to C refers to the cost estimates required to be shown in paragraphs 1 to 4 of the letter from the owner's or operator's chief financial officer, as specified in part 7045.0524, subpart 6. The phrase "current plugging and abandonment cost estimate" as used in items A to C means the cost estimates required to be shown in paragraphs 1 to 4 of the letter from the owner's or operator's chief financial officer as specified in Code of Federal Regulations, title 40, section 144.70(f).
E. To demonstrate that he or she meets this test, the owner or operator shall submit the following items to the commissioner:
F. The owner or operator of a facility which is not required to establish financial assurance for closure under Code of Federal Regulations, title 40, part 265, subpart H (1983) but is required to establish financial assurance for closure under these rules may obtain an extension of the time allowed for submission of the documents specified in item E if the fiscal year of the owner or operator ends during the 90 days prior to July 16, 1984, and if the year-end financial statements for that fiscal year will be audited by an independent certified public accountant. The extension ends no later than 90 days after the end of the owner's or operator's fiscal year. To obtain the extension, the owner's or operator's chief financial officer shall send, by July 16, 1984, a letter to the commissioner. This letter from the chief financial officer must:
G. After the initial submission of items specified in item E, the owner or operator shall send updated information to the commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in item E.
H. If the owner or operator no longer meets the requirements of item A, he or she shall send notice to the commissioner of intent to establish alternate financial assurance as specified in this part. The notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after the end of the fiscal year.
I. The commissioner may, based on a reasonable belief that the owner or operator may no longer meet the requirements of item A, require reports of financial condition at any time from the owner or operator in addition to those specified in item E. If the commissioner finds, on the basis of these reports or other information, that the owner or operator no longer meets the requirements of item A, the owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of the finding.
J. The commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements, required by item E, subitem (2). An adverse opinion or disclaimer of opinion will be cause for disallowance. The commissioner shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of the disallowance.
K. The owner or operator is no longer required to submit the items specified in item E if:
L. An owner or operator may meet the requirements of this part by obtaining a written guarantee, hereafter referred to as "corporate guarantee." The guarantor must be the parent corporation of the owner or operator. The guarantor must meet the requirements for owner or operator in items A to J; and must comply with the terms of the corporate guarantee. The wording of the corporate guarantee must be identical to the wording specified in part 7045.0524, subpart 8. A certified copy of the corporate guarantee must accompany the items sent to the commissioner as specified in item E. The terms of the corporate guarantee must provide that:
**Subp. 7. Use of multiple financial mechanisms.**
An owner or operator may satisfy the requirements of this part by establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds, letters of credit, and insurance. The mechanisms must be as specified in subparts 2 to 5, respectively, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he or she may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The commissioner may use any or all of the mechanisms to provide for closure of the facility.
**Subp. 8. Use of a financial mechanism for multiple facilities.**
An owner or operator may use a financial assurance mechanism specified in this part to meet the requirements of this part for more than one facility. Evidence of financial assurance submitted to the commissioner must include a list showing, for each facility, the identification number, name, address, and the amount of funds for closure assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for closure of any of the facilities covered by the mechanism, the commissioner may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
**Subp. 9. Release of the owner or operator from requirements of this part.**
Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been accomplished in accordance with the closure plan, the commissioner shall notify the owner or operator in writing that he or she is no longer required by this part to maintain financial assurance for final closure of the particular facility, unless the agency has reason to believe that closure has not been in accordance with the closure plan. The commissioner shall provide the owner or operator a detailed written statement of any reason to believe that closure has not been in accordance with the approved closure plan.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 17 SR 1279; 33 SR 2042*
##### **Minn. R. 7045.0614** Cost Estimate for Postclosure Care {#sec-7045.0614 omnilex-key=us-mn-regs-official--agency-167--7045.0614}
**Subpart 1. Cost estimate requirements.**
The owner or operator of a disposal facility shall prepare a written estimate, in current dollars, of the annual cost of postclosure monitoring and maintenance of the facility in accordance with the applicable postclosure requirements in parts 7045.0600 to 7045.0606; 7045.0630, subpart 6; 7045.0632, subpart 7; 7045.0634, subpart 6; and 7045.0638, subpart 4. The postclosure cost estimate is calculated by multiplying the annual postclosure cost estimate by the number of years of postclosure care required under part 7045.0602. The postclosure cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct postclosure care activities. A third party is neither a parent nor a subsidiary of the owner or operator.
**Subp. 2. Yearly update of cost estimate.**
During the active life of the facility, the owner or operator shall adjust the postclosure cost estimate for inflation within 60 days before each anniversary of the date on which the financial instruments used to comply with part 7045.0616 were established. For owners or operators using the financial test or corporate guarantee, the postclosure cost estimate must be adjusted for inflation within 30 days after the close of the firm's fiscal year and before the submission of updated information to the commissioner as specified in part 7045.0616, subpart 6, item E. The adjustment must be made as specified in items A and B using an inflation factor derived from the annual Implicit Price Deflator for Gross National Product as found in the "Survey of Current Business" issued by the United States Department of Commerce. The inflation factor is the result of dividing the latest published annual deflator by the deflator of the previous year. Adjustments must be made as follows:
A. The first adjustment is made by multiplying the postclosure cost estimate by the inflation factor. The result is the adjusted postclosure cost estimate.
B. Subsequent adjustments are made by multiplying the latest adjusted postclosure cost estimate by the latest inflation factor.
**Subp. 3. Cost estimate revisions.**
The owner or operator shall revise the postclosure cost estimate during the active life of the facility within 30 days after a change in the postclosure plan increases the cost of postclosure care, or within 30 days after the commissioner has an approved request to modify the plan, for facilities with approved postclosure plan. The revised postclosure cost estimate must be adjusted for inflation as specified in subpart 2.
**Subp. 4. Record retention.**
The owner or operator shall furnish the following to the commissioner upon request, including request by mail: the latest postclosure cost estimate prepared in accordance with subparts 1 and 3 and, when this estimate has been adjusted in accordance with subpart 2, the latest adjusted postclosure cost estimate.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15*
##### **Minn. R. 7045.0616** Financial Assurance for Postclosure Care {#sec-7045.0616 omnilex-key=us-mn-regs-official--agency-167--7045.0616}
**Subpart 1. In general.**
An owner or operator of a disposal facility shall establish financial assurance for postclosure care of the facility 60 days before the initial receipt of hazardous waste or the effective date of the regulation, whichever is later. The owner or operator shall choose from the options specified in subparts 2 to 6.
**Subp. 2. Postclosure trust fund.**
Requirements of a postclosure trust fund are as follows:
A. An owner or operator may satisfy the requirements of this part by establishing a postclosure trust fund which conforms to the requirements of items A to N, and by submitting an originally signed duplicate of the trust agreement to the commissioner. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
B. The wording of the trust agreement must be identical to the wording specified in part 7045.0524, subpart 1, item A, and the trust agreement must be accompanied by a formal certification of acknowledgment, as shown in part 7045.0524, subpart 1, item B. Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current postclosure cost estimate covered by the agreement.
C. Payments into the trust fund must be made annually by the owner or operator of a facility required to establish financial assurance for postclosure under Code of Federal Regulations, title 40, part 265, subpart H (1983) over the 20 years beginning with the effective date of Code of Federal Regulations, title 40, section 265.145 (1983) or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the postclosure trust fund must be made as described in subitems (1) and (2):
D. Payments into the trust fund must be made annually by the owner or operator of a facility which was not required to establish financial assurance for postclosure under Code of Federal Regulations, title 40, part 265, subpart H (1983) but is required to establish financial assurance for postclosure under these parts over the 20 years beginning with July 16, 1984, or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter. The first payment must be made within 90 days of July 16, 1984. The first payment must be at least equal to the current postclosure cost estimate, except as provided in subpart 7, divided by the number of years in the pay-in period. Subsequent payments must be made as specified in item C, subitem (2).
E. The owner or operator may accelerate payments into the trust fund or may deposit the full amount of the current postclosure cost estimate at the time the fund is established. However, he or she shall maintain the value of the fund at no less than the value that the fund would have if annual payments were made as specified in item C or D.
F. If the owner or operator establishes a postclosure trust fund after having used one or more alternate mechanisms specified in this part, the first payment must be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made as specified in item C or D.
G. After the pay-in period is completed, whenever the current postclosure cost estimate changes during the operating life of the facility, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate and submit a receipt from the trustee for this payment to the commissioner, or obtain other financial assurance as specified in this part to cover the difference.
H. During the operating life of the facility, if the value of the trust fund is greater than the total amount of the current postclosure cost estimate, the owner or operator may submit a written request to the commissioner for release of the amount in excess of the current postclosure cost estimate.
I. If an owner or operator substitutes other financial assurance as specified in this part for all or part of the trust fund, he or she may submit a written request to the commissioner for release of the amount in excess of the current postclosure cost estimate covered by the trust fund.
J. Within 60 days after receiving a request from the owner or operator for release of funds as specified in item H or I, the commissioner shall instruct the trustee to release to the owner or operator such funds as the commissioner specifies in writing.
K. During the period of postclosure care, the commissioner may approve a release of funds if the owner or operator demonstrates to the commissioner that the value of the trust fund exceeds the remaining cost of postclosure care.
L. The trustee shall notify the owner or operator and the commissioner by certified mail within ten days following the expiration of the 30-day period after the anniversary of the establishment of the trust, if no payment is received from the owner or operator during that period. Within 60 days after receipt by both the owner or operator and the commissioner of a notice of nonpayment of any payment required by this part, the owner or operator shall:
M. An owner or operator or other person authorized to perform postclosure care may request reimbursement for postclosure expenditures by submitting itemized bills to the commissioner. Within 60 days after receiving bills for postclosure activities, the commissioner shall determine whether the postclosure expenditures are in accordance with the postclosure plan or otherwise justified, and if so, the commissioner shall instruct the trustee to make reimbursement in the amounts the commissioner specifies in writing. If the commissioner does not instruct the trustee to make reimbursement, the commissioner shall provide the owner or operator with a detailed written statement of reasons.
N. The commissioner shall agree to termination of the trust if:
**Subp. 3. Surety bond guaranteeing payment into a postclosure trust fund.**
The following are requirements for surety bonds that guarantee payment into a postclosure trust fund:
A. An owner or operator may satisfy the requirements of this part by obtaining a surety bond which conforms to the requirements of items A to I, and by submitting the bond to the commissioner. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
B. The wording of the surety bond must be identical to the wording specified in part 7045.0524, subpart 2.
C. The owner or operator who uses a surety bond to satisfy the requirements of this part, shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements specified in subpart 2, except that: an originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond; and until the standby trust fund is funded pursuant to the requirements of this subpart, the requirements specified in subitems (1) to (4) are not required:
D. The bond must guarantee that the owner or operator will:
E. Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
F. The penal sum of the bond must be in an amount at least equal to the current postclosure cost estimate, except as provided in subpart 7.
G. Whenever the current postclosure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the commissioner, or obtain other financial assurance as specified in this part to cover the increase. Whenever the current postclosure cost estimate decreases, the penal sum may be reduced to the amount of the current postclosure cost estimate following written approval by the commissioner.
H. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the commissioner, as evidenced by the return receipts.
I. The owner or operator may cancel the bond if the commissioner has given prior written consent based on his or her receipt of evidence of alternate financial assurance as specified in this part.
**Subp. 4. Postclosure letter of credit.**
The following are requirements for postclosure letters of credit:
A. An owner or operator may satisfy the requirements of this part by obtaining an irrevocable standby letter of credit which conforms to the requirements of items A to K, and by submitting the letter to the commissioner. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.
B. The wording of the letter of credit must be identical to the wording specified in part 7045.0524, subpart 4.
C. An owner or operator who uses a letter of credit to satisfy the requirements of this part shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the commissioner will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the commissioner. This standby trust fund must meet the requirements of the trust fund specified in subpart 2 except that: an originally signed duplicate of the trust agreement must be submitted to the commissioner with the letter of credit; and unless the standby trust fund is funded pursuant to the requirements of this subpart, the requirements specified in subitems (1) to (4) are not required:
D. The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the identification number, name, and address of the facility, and the amount of funds assured for postclosure care of the facility by the letter of credit.
E. The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the commissioner by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days will begin on the date when both the owner or operator and the commissioner have received the notice, as evidenced by both the return receipts.
F. The letter of credit must be issued in an amount at least equal to the current postclosure cost estimate, except as provided in subpart 7.
G. Whenever the current postclosure cost estimate increases to an amount greater than the amount of the credit during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the amount of the credit to be increased so that it at least equals the current postclosure cost estimate and submit evidence of such increase to the commissioner, or to obtain other financial assurance as specified in this part to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the amount of the credit may be reduced to the amount of the current postclosure cost estimate following written approval by the commissioner.
H. During the period of postclosure care, the commissioner may approve a decrease in the amount of the letter of credit if the owner or operator demonstrates to the commissioner that the amount exceeds the remaining cost of postclosure care.
I. Following a determination that the owner or operator has failed to perform postclosure care in accordance with the postclosure plan and other interim status requirements, the commissioner may draw on the letter of credit.
J. If the owner or operator does not establish alternate financial assurance as specified in this part and obtain written approval of the alternate assurance from the commissioner within 90 days after receipt by both the owner or operator and the commissioner of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the commissioner shall draw on the letter of credit. The commissioner may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of an extension the commissioner shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this part and obtain written approval of the assurance from the commissioner.
K. The commissioner shall return the letter of credit to the issuing institution for termination if:
**Subp. 5. Postclosure insurance.**
The following requirements apply to postclosure insurance:
A. An owner or operator may satisfy the requirements of this part by obtaining postclosure insurance which conforms to the requirements of items A to K, and by submitting a certificate of the insurance to the commissioner by July 16, 1984. By July 16, 1984, the owner or operator of a facility which is not required to establish financial assurance for postclosure care under Code of Federal Regulations, title 40, part 265, subpart H (1983) but is required to establish financial assurance for postclosure care under these parts shall submit to the commissioner by certified mail a letter from an insurer stating that the insurer is considering issuance of postclosure insurance conforming to the requirements of items A to K, to the owner or operator. Within 90 days after July 16, 1984, the owner or operator of a facility which is not required to establish financial assurance for postclosure care under Code of Federal Regulations, title 40, part 265, subpart H (1983) but is required to establish financial assurance for postclosure care under these parts shall submit the certificate of insurance to the commissioner, or establish other financial assurance as specified in this part. The insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
B. The wording of the certificate of insurance must be identical to the wording specified in part 7045.0524, subpart 5.
C. The postclosure insurance policy must be issued for a face amount at least equal to the current postclosure cost estimate, except as provided in subpart 7. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.
D. The postclosure insurance policy must guarantee that funds will be available to provide postclosure care of the facility whenever the postclosure period begins. The policy must also guarantee that once postclosure care begins the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the commissioner to the party or parties the agency specifies.
E. An owner or operator or other person authorized to perform postclosure care may request reimbursement for postclosure expenditures by submitting itemized bills to the commissioner. Within 60 days after receiving bills for postclosure activities, the commissioner shall determine whether the postclosure expenditures are in accordance with the postclosure plan or otherwise justified, and if so, he or she shall instruct the insurer to make reimbursement in the amounts the commissioner specifies in writing. If the commissioner does not instruct the insurer to make reimbursement, the commissioner shall provide the owner or operator with a detailed written statement of reasons.
F. The owner or operator shall maintain the policy in full force and effect until the commissioner consents to termination of the policy by the owner or operator as specified in item K.
G. Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. The assignment may be conditional upon consent of the insurer, if the consent is not unreasonably refused.
H. The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the commissioner. Cancellation, termination, or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the commissioner, and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will remain in full force and effect in the event that on or before the date of expiration one or more of the events specified in subitems (1) to (5) occurs:
I. Whenever the current postclosure cost estimate increases to an amount greater than the face amount of the policy during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of the increase to the commissioner, or obtain other financial assurance as specified in this part to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the face amount may be reduced to the amount of the current postclosure cost estimate following written approval by the commissioner.
J. Commencing on the date that liability to make payments pursuant to the policy accrues, the insurer shall thereafter annually increase the face amount of the policy. The increase must be equivalent to the face amounts of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or the equivalent coupon-issue yield announced by the United States Treasury for 26-week treasury securities.
K. The commissioner shall give written consent to the owner or operator to terminate the insurance policy if:
**Subp. 6. Financial test and corporate guarantee for postclosure care.**
The following is the financial test and corporate guarantee for postclosure care:
A. An owner or operator may satisfy the requirements of this part by demonstrating that he or she passes a financial test as specified in items A to M. To pass this test the owner or operator shall meet the criteria either of items B or C.
B. The owner or operator shall have:
C. The owner or operator shall have:
D. The phrase "current closure and postclosure cost estimates" as used in items A to C, refers to the cost estimates required to be shown in paragraphs 1 to 4 of the letter from the owner's or operator's chief financial officer, as specified in part 7045.0524, subpart 6. The phrase "current plugging and abandonment cost estimates" as used in items A to C means the cost estimates required to be shown in paragraphs 1 to 4 of the letter from the owner's or operator's chief financial officer as specified in Code of Federal Regulations, title 40, section 144.70(f).
E. To demonstrate that he or she meets this test, the owner or operator shall submit the following items to the commissioner:
F. The owner or operator of a facility which is not required to establish financial assurance for postclosure under Code of Federal Regulations, title 40, part 265, subpart H (1983) but is required to establish financial assurance for postclosure care under these parts may obtain an extension of the time allowed for submission of the documents specified in item E if the fiscal year of the owner or operator ends during the 90 days prior to July 16, 1984, and if the year-end financial statements for that fiscal year will be audited by an independent certified public accountant. The extension ends no later than 90 days after the end of the owner's or operator's fiscal year. To obtain the extension, the owner's or operator's chief financial officer shall send, by July 16, 1984, a letter to the commissioner. This letter from the chief financial officer must:
G. After the initial submission of items specified in item E, the owner or operator shall send updated information to the commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in item E.
H. If the owner or operator no longer meets the requirements of item A, he or she shall send notice to the commissioner of intent to establish alternate financial assurance as specified in this part. The notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after the end of the fiscal year.
I. The commissioner may, based on a reasonable belief that the owner or operator may no longer meet the requirements of item A, require reports of financial condition at any time from the owner or operator in addition to those specified in item E. If the commissioner finds, on the basis of these reports or other information, that the owner or operator no longer meets the requirements of item A, the owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of the finding.
J. The commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements required by item E, subitem (2). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The commissioner shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this part within 30 days after notification of the disallowance.
K. During the period of postclosure care, the commissioner may approve a decrease in the current postclosure cost estimate for which this test demonstrates financial assurance if the owner or operator demonstrates to the commissioner that the amount of the cost estimate exceeds the remaining cost of postclosure care.
L. The owner or operator is no longer required to submit the items specified in item E if:
M. An owner or operator may meet the requirements of this part by obtaining a written guarantee, hereafter referred to as "corporate guarantee." The guarantor must be the parent corporation of the owner or operator. The guarantor must meet the requirements for owners or operators in items A to K, and must comply with the terms of the corporate guarantee. The wording of the corporate guarantee must be identical to the wording specified in part 7045.0524, subpart 8. A certified copy of the corporate guarantee must accompany the items sent to the commissioner as specified in item E. The terms of the corporate guarantee must provide that:
**Subp. 7. Use of multiple financial mechanisms.**
An owner or operator may satisfy the requirements of this part by establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds, letters of credit, and insurance. The mechanisms must be as specified in subparts 2 to 5, respectively, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current postclosure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he or she may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The commissioner may use any or all of the mechanisms to provide for postclosure care of the facility.
**Subp. 8. Use of a financial mechanism for multiple facilities.**
An owner or operator may use a financial assurance mechanism specified in this rule to meet the requirements of this part for more than one facility. Evidence of financial assurance submitted to the commissioner, must include a list showing, for each facility, the identification number, name, address, and the amount of funds for postclosure care assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for postclosure care of any of the facilities covered by the mechanism, the commissioner may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
**Subp. 9. Release of the owner or operator from the requirements of this part.**
Within 60 days after receiving certification from the owner or operator and an independent registered professional engineer that the postclosure care requirements have been completed for a hazardous waste disposal unit in accordance with the postclosure plan, the agency shall, at the request of the owner or operator, notify him or her in writing that he or she is no longer required by this part to maintain financial assurance for postclosure care of that unit, unless the agency has reason to believe that postclosure care has not been in accordance with the approved postclosure plan. The agency shall provide the owner or operator with a detailed written statement of any reason to believe that postclosure care has not been in accordance with the approved postclosure plan.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 17 SR 1279; 33 SR 2042*
##### **Minn. R. 7045.0618** Use of a Mechanism for Financial Assurance of Both Closure and Postclosure Care {#sec-7045.0618 omnilex-key=us-mn-regs-official--agency-167--7045.0618}
An owner or operator may satisfy the requirements for financial assurance for both closure and postclosure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate guarantee that meets the specifications for the mechanism in both parts 7045.0612 and 7045.0616. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of postclosure care.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115*
##### **Minn. R. 7045.0620** Liability Requirements {#sec-7045.0620 omnilex-key=us-mn-regs-official--agency-167--7045.0620}
**Subpart 1. Coverage for sudden accidental occurrences.**
An owner or operator of a hazardous waste treatment, storage, or disposal facility, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1,000,000 per occurrence with an annual aggregate of at least $2,000,000, exclusive of legal defense costs. This liability coverage may be demonstrated as specified in items A to E:
A. An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in subitems (1) and (2):
B. An owner or operator may meet the requirements of this part by passing a financial test or using the corporate guarantee for liability coverage as specified in subparts 5 and 6.
C. An owner or operator may meet the requirements of this part by obtaining a letter of credit for liability coverage as specified in subpart 7.
D. An owner or operator may meet the requirements of this part by obtaining a trust fund for liability coverage as specified in subpart 8.
E. An owner or operator may demonstrate the required liability coverage through the use of combinations of insurance, financial test, corporate guarantee, letter of credit, and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated must total at least the minimum amounts required by this part. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this item, the owner or operator must specify at least one such assurance as "primary" coverage and must specify other assurance as "excess" coverage.
F. An owner or operator must notify the commissioner in writing within 30 days whenever:
**Subp. 2. Coverage for nonsudden accidental occurrences.**
An owner or operator of a surface impoundment, landfill, or land treatment facility which is used to manage hazardous waste, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for nonsudden accidental occurrences in the amount of at least $3,000,000 per occurrence with an annual aggregate of at least $6,000,000, exclusive of legal defense costs. An owner or operator who must meet the requirements of this part may combine the required per-occurrence coverage levels for sudden and nonsudden accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and nonsudden accidental occurrences must maintain liability coverage in the amount of at least $4,000,000 per occurrence and $8,000,000 annual aggregate. This liability coverage may be demonstrated as specified in items A to E:
A. An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in subitems (1) and (2):
B. An owner or operator may meet the requirements of this part by passing a financial test or using the corporate guarantee for liability coverage as specified in subparts 5 and 6.
C. An owner or operator may meet the requirements of this part by obtaining a letter of credit for liability coverage as specified in subpart 7.
D. An owner or operator may meet the requirements of this part by obtaining a trust fund for liability coverage as specified in subpart 8.
E. An owner or operator may demonstrate the required liability coverage through use of combinations of insurance, financial test, corporate guarantee, letter of credit, and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated must total at least the minimum amounts required by this part. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this item, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify other assurance as "excess" coverage.
F. An owner or operator shall notify the commissioner in writing within 30 days whenever:
**Subp. 3. Adjustment of liability requirements.**
If an owner or operator can demonstrate to the satisfaction of the commissioner that the levels of financial responsibility required by subpart 1 or 2 are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the owner or operator may obtain an adjustment from the commissioner. The request for an adjustment must be submitted in writing to the commissioner. If granted, the adjustment takes the form of an adjusted level of required liability coverage, such level to be based on the commissioner's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The commissioner may require an owner or operator who requests an adjustment to provide technical and engineering information deemed necessary by the commissioner, to determine a level of financial responsibility other than that required by subpart 1 or 2.
If the commissioner determines that the levels of financial responsibility required by subpart 1 or 2 are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the commissioner may adjust the level of financial responsibility required under subpart 1 or 2, as may be necessary to protect human health and the environment. This adjusted level will be based on the commissioner's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the commissioner determines that there is a significant risk to human health and the environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, landfill, or land treatment facility, the commissioner may require that an owner or operator of the facility comply with subpart 2. An owner or operator shall furnish to the commissioner, within a reasonable time, any information which the commissioner requests to determine whether cause exists for adjustments of level or type of coverage.
The commissioner shall process an adjustment of the level of required coverage as if it were a permit modification in accordance with the agency's permitting procedures in chapter 7001. Notwithstanding any other provision, the commissioner may hold a public information meeting at his or her discretion or whenever the commissioner finds, on the basis of requests for a public information meeting, a significant degree of public interest in a tentative decision to adjust the level or type of required coverage.
**Subp. 4. Period of coverage.**
An owner or operator shall continuously provide liability coverage for a facility as required by this part, until certifications of closure of the facility, as specified in part 7045.0596, are received by the commissioner. Within 60 days after receiving such certifications from the owner or operator and an independent registered professional engineer, the commissioner shall notify the owner or operator in writing that he or she is no longer required by this part to maintain liability coverage for that facility, unless the commissioner has reason to believe that closure has not been in accordance with the approved closure plan.
**Subp. 5. Financial test for liability coverage.**
The financial test for liability coverage is as follows:
A. An owner or operator may satisfy the requirements of this part, by demonstrating that he or she passes a financial test as specified in items A to I. To pass this test the owner or operator shall meet the criteria of item B or C.
B. The owner or operator shall have:
C. The owner or operator shall have:
D. The phrase "amount of liability coverage" as used in items A to C, refers to the annual aggregate amounts for which coverage is required under subparts 1 and 2.
E. To demonstrate that he or she meets this test, the owner or operator shall submit the following three items to the commissioner:
F. The owner or operator of a facility which is not required to have liability insurance under Code of Federal Regulations, title 40, section 265.147 (1983) may obtain a one-time extension of the time allowed for submission of the documents specified in item E if the fiscal year of the owner or operator ends during the 90 days prior to July 16, 1984, and if the year-end financial statements for that fiscal year will be audited by an independent certified public accountant. The extension will end no later than 90 days after the end of the owner's or operator's fiscal year. To obtain the extension, the owner's or operator's chief financial officer shall send, by July 16, 1984, a letter to the commissioner. This letter from the chief financial officer must:
G. After the initial submission of items specified in item E, the owner or operator shall send updated information to the commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in item E.
H. If the owner or operator no longer meets the requirements of item A, he or she must obtain insurance, a letter of credit, a trust fund, or a corporate guarantee for the entire amount of required liability coverage as specified in this part. Evidence of liability coverage must be submitted to the commissioner within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the test requirements.
I. The commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements required by item E, subitem (2). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The commissioner shall evaluate other qualifications on an individual basis. The owner or operator shall provide evidence of insurance for the entire amount of required liability coverage as specified in this part within 30 days after notification of disallowance.
**Subp. 6. Corporate guarantee for liability coverage.**
The corporate guarantee for liability coverage is as follows:
A. Subject to item B, an owner or operator may meet the requirements of this part by obtaining a written corporate guarantee. The guarantor must be the parent corporation of the owner or operator. The guarantor must meet the requirements for owners or operators in subpart 5. The wording of the corporate guarantee must be identical to the wording specified in part 7045.0524, subpart 8a. The guarantee must be signed by two corporate officers of the parent corporation. A corporate resolution authorizing the parent corporation to provide the corporate guarantee for the subsidiary must be attached to the guarantee. A certified copy of the corporate guarantee must accompany the items sent to the commissioner as specified in subpart 5, item E. The terms of the corporate guarantee must provide that:
B. A corporate guarantee may be used to satisfy the requirements of this part only if:
**Subp. 7. Letter of credit for liability coverage.**
A. An owner or operator may satisfy the requirements of this part by obtaining an irrevocable standby letter of credit that conforms to the requirements of this subpart and submitting a copy of the letter of credit to the commissioner.
B. The financial institution issuing the letter of credit must be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.
C. The wording of the letter of credit must be identical to the wording in part 7045.0524, subpart 11.
D. An owner or operator who uses a letter of credit to satisfy the requirements of this part may also establish a standby trust fund. Under the terms of a letter of credit, all amounts paid pursuant to a draft by the trustee of the standby trust will be deposited by the issuing institution into the standby trust in accordance with instructions from the trustee. The trustee of the standby trust fund must be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
E. The wording of the standby trust fund must be identical to the wording in part 7045.0524, subpart 13.
**Subp. 8. Trust fund for liability coverage.**
A. An owner or operator may satisfy the requirements of this part by establishing a trust fund that conforms to the requirements of this subpart and submitting an originally signed duplicate of the trust agreement to the commissioner.
B. The trustee must be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
C. The trust fund for liability coverage must be funded for the full amount of the liability coverage to be provided by the trust fund before it may be relied upon to satisfy the requirements of this part. If at any time after the trust fund is created, the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be provided, the owner or operator, by the anniversary date of the establishment of the fund, must either add sufficient funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided or obtain other financial assurance as specified in this part to cover the difference. For purposes of this subpart, "the full amount of the liability coverage to be provided" means the amount of coverage for sudden or nonsudden occurrences required to be provided by the owner or operator by this part, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner or operator.
D. The wording of the trust fund must be identical to the wording in part 7045.0524, subpart 12.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 9 SR 115; 11 SR 2415; L 1987 c 186 s 15; 13 SR 577; 17 SR 1279; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0622** Incapacity of Owners or Operators, Guarantors, or Financial Institutions {#sec-7045.0622 omnilex-key=us-mn-regs-official--agency-167--7045.0622}
**Subpart 1. Notification of bankruptcy.**
An owner or operator shall notify the commissioner by certified mail of the commencement of a voluntary or involuntary proceeding under United States Code, title 11, Bankruptcy, as amended, naming the owner or operator as debtor, within ten days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in parts 7045.0612, subpart 6 and 7045.0616, subpart 6, shall make a notification if he or she is named as debtor, as required under the terms of the corporate guarantee.
**Subp. 2. Incapacity of financial institutions.**
An owner or operator who fulfills the requirements of part 7045.0612, 7045.0616, or 7045.0620 by obtaining a trust fund, surety bond, letter of credit, or insurance policy is without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or the institution issuing the surety bond, letter of credit, or insurance policy to issue the instruments. The owner or operator shall establish other financial assurance or liability coverage within 60 days after such an event.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 20 SR 715*
##### **Minn. R. 7045.0624** Wording of Instruments {#sec-7045.0624 omnilex-key=us-mn-regs-official--agency-167--7045.0624}
Instruments used to satisfy the requirements of parts 7045.0608 to 7045.0622, must be worded as specified in part 7045.0524.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115*
##### **Minn. R. 7045.0626** Use and Management of Containers {#sec-7045.0626 omnilex-key=us-mn-regs-official--agency-167--7045.0626}
**Subpart 1. Scope.**
This part applies to owners and operators of hazardous waste facilities that store containers of hazardous waste, except as part 7045.0552 provides otherwise. Under part 7045.0127, subparts 2 to 4, and Code of Federal Regulations, title 40, section 261.33(c), as incorporated in part 7045.0135, if a hazardous waste is emptied from a container, the residue remaining in the container is not considered a hazardous waste if the container is empty, as defined in part 7045.0127, subparts 2 to 4. In that event, management of the container is exempt from the requirements of this part.
**Subp. 2. Condition of containers.**
Containers used to store hazardous waste must meet the following requirements:
A. be of sturdy leakproof construction, adequate wall thickness, adequate weld, hinge, and seam strength and sufficient strength to withstand side and bottom shock, while filled, without impairment of the ability of the container to fully contain the hazardous waste; and
B. have lids, caps, hinges, or other closure devices of sufficient strength and construction so that when closed they will withstand dropping, overturning, or other shock without impairment of the container's ability to fully contain the hazardous waste. If a container holding hazardous waste does not meet the requirements of items A and B or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that does meet the requirements of items A and B, or manage the waste in some other way that complies with the requirements of this part.
**Subp. 3. Compatibility of waste with containers.**
The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored and other substances that the container may foreseeably contact, so that the ability of the container to contain the waste is not impaired.
**Subp. 4. Management of containers.**
A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste or when a generator is treating hazardous waste in that container in accordance with part 7045.0450, subpart 3, item K, or 7045.0552, subpart 3, item K.
A container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak. Reuse of containers is governed by United States Department of Transportation regulations, including those set forth in Code of Federal Regulations, title 49, section 173.28, as amended.
The owner or operator shall store containers which if exposed to moisture or direct sunlight may create a hazardous condition or adversely affect the container's ability to contain the hazardous waste, in an area with overhead roofing or other covering that does not obstruct the visibility of the labels.
**Subp. 4a. Labeling.**
Containers must be clearly labeled with the words "Hazardous Waste" and a description that clearly identifies their contents to employees and emergency personnel. If it is not possible for the labels to be clearly visible for inspection, the information on the labels must be accessible in some other form that will allow ready identification of the contents without having to move the containers.
**Subp. 5. Inspections.**
The owner or operator shall inspect hazardous waste containers and areas where containers are stored, at least weekly, looking for leaks and for deterioration caused by corrosion or other factors and shall keep a written record of the dates and findings of these inspections.
**Subp. 6. Special requirements for incompatible wastes.**
Incompatible wastes or incompatible wastes and materials must not be placed in the same container, unless compliance with part 7045.0562, subpart 2, is maintained.
Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material unless compliance with part 7045.0562, subpart 2, is maintained.
A storage container holding a hazardous waste that is incompatible with any waste or other materials located nearby must be adequately separated from the other materials or protected from them by means of a dike, berm, wall, or other device. The purpose of this requirement is to prevent fires, explosions, gaseous emissions, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.
**Subp. 7. Special requirements for ignitable or reactive waste.**
Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line, when physically possible based on the dimensions of the property. When it is not physically possible to place containers at least 50 feet from the property line, based on the dimensions of the property, the ignitable or reactive waste must be placed at least as far as the specified minimum distance from property line found in the Minnesota State Fire Code, chapter 7510. Nothing in this subpart shall relieve the facility owner or operator from the obligation to comply with any local, state, or federal law governing storage of these wastes.
**Subp. 8. Closure.**
At closure, all hazardous waste and hazardous waste residues must be removed from the storage area. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed. At closure and throughout the operating period, unless the owner or operator can demonstrate that the waste removed from the storage area is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of parts 7045.0205 to 7045.1030.
**Subp. 9. Air emission standards.**
The owner or operator must manage all hazardous waste placed in a container in accordance with the applicable requirements of parts 7045.0645, 7045.0647, and 7045.0648.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 14 SR 2248; 18 SR 1565; 20 SR 715; 22 SR 5; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0628** Tank Systems {#sec-7045.0628 omnilex-key=us-mn-regs-official--agency-167--7045.0628}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that use tank systems, including tank systems, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in part 7045.0020 and regulated under part 7045.0644, to treat or store hazardous waste, except as items A and B and part 7045.0552 provide otherwise.
A. Tank systems that are used to store or treat hazardous waste containing no free liquids and that are located inside a building with an impermeable floor are exempt from the requirements of subpart 4. To demonstrate the absence or presence of free liquids in the stored or treated waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D.
B. Tank systems, including sumps, as defined in part 7045.0020 that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in subpart 4.
**Subp. 2. Assessment of existing tank system's integrity.**
The following requirements apply to existing tank systems:
A. For each existing tank system that does not have secondary containment meeting the requirements of subpart 4, the owner or operator must determine whether the tank system is leaking or is unfit for use. Except as provided in item C, the owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified, registered professional engineer that attests to the tank system's integrity. The certification must include the statements in parts 7001.0070 and 7001.0540.
B. This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste to be stored or treated to ensure that it will not collapse, rupture, or fail. This assessment must consider the following:
C. Owners or operators of tank systems that were required to conduct this assessment by Code of Federal Regulations, title 40, section 265.191(a), as amended, must conduct and keep this assessment on file as required by that section. Owners or operators of all other existing tank systems must conduct this assessment by February 8, 1990. Owners or operators of tank systems that store or treat materials that become hazardous wastes must conduct this assessment within 12 months after the date that the waste becomes a hazardous waste.
D. If, as a result of the assessment conducted in accordance with item A, a tank system is found to be leaking or unfit for use, the owner or operator must comply with the requirements of subpart 8.
**Subp. 3. Design and installation of new tank systems or components.**
A. Owners or operators of new tank systems or components must ensure that the foundation, structural support, seams, connections, and pressure controls, if applicable, are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste to be stored or treated, and corrosion protection so that it will not collapse, rupture, or fail. The owner or operator must obtain a written assessment reviewed and certified by an independent, qualified, registered professional engineer, attesting that the system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. Owners or operators of new tank systems that were required to conduct this assessment by Code of Federal Regulations, title 40, section 265.192(a), as amended, must conduct and keep this assessment on file as required by that regulation. Owners and operators of other new tank systems shall conduct this assessment by February 8, 1989, and keep it on file at the facility. The certification must include the statements in parts 7001.0070 and 7001.0540. This assessment must include the following information:
B. The owner or operator of a new tank system must ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Before covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, registered professional engineer, either of whom is trained and experienced in the proper installation of tank systems, must inspect the system or component for the presence of weld breaks, punctures, scrapes of protective coatings, cracks, corrosion, and other structural damage or inadequate construction or installation. All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.
C. New tank systems or components and piping that are placed underground and that are backfilled must be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is carefully installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.
D. All new tanks and ancillary equipment must be tested for tightness before being covered, enclosed, or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leaks in the system must be performed before the tank system is covered, enclosed, or placed in use.
E. Ancillary equipment must be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction.
F. The owner or operator must provide the type and degree of corrosion protection necessary, based on the information provided under item A, subitem (3), to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated must be supervised by an independent corrosion expert to ensure proper installation.
G. The owner or operator must obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of items B to F to attest that the tank system was properly designed and installed and that repairs under items B and D were performed. The certification must include the statements in parts 7001.0070 and 7001.0540.
**Subp. 4. Containment and detection of releases.**
A. In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this part must be provided, except as provided in item H.
B. Secondary containment systems must be:
C. To meet the requirements of item B, secondary containment systems must be at a minimum:
D. Unless a petition is granted under part 7045.0075, subpart 7, secondary containment for tanks must include one or more of the following devices:
E. In addition to the requirements of items B, C, and D, the external liner system of secondary containment systems must be:
F. In addition to the requirements of items B, C, and D, a vault system must be:
G. In addition to the requirements of items B, C, and D, double walled tanks must be:
H. Ancillary equipment must be provided with full secondary containment, such as trench, jacketing, or double walled piping, that meets the requirements of items B and C, except for:
**Subp. 5.**
[Repealed, 20 SR 715]
**Subp. 6. General operating requirements.**
Treatment or storage of hazardous waste in tanks must comply with the following:
A. Hazardous wastes or treatment reagents must not be placed in a tank system if they could cause the tank, its ancillary equipment, or the secondary containment system to rupture, leak, corrode, or otherwise fail.
B. The owner or operator must use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems. These include:
C. The owner or operator must comply with subpart 8 if a leak or spill occurs in the tank system.
**Subp. 7. Inspections.**
A. The owner or operator must inspect, where present, at least once each operating day:
B. The owner or operator must inspect cathodic protection systems, if present, according to the following schedule, to ensure that they are functioning properly:
C. The owner or operator must document in the operating record of the facility an inspection of those items in items A and B.
**Subp. 8. Responses to leaks or spills and disposition of unfit for use tank systems.**
A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the owner or operator must satisfy the following requirements:
A. The owner or operator must immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
B. Removal of waste from tank system or secondary containment system.
C. The owner or operator must immediately conduct a visual inspection of the release and, based upon that inspection:
D. Notifications, reports.
E. Provision of secondary containment, repair, or closure.
F. Certification of major repairs. If the owner or operator has repaired a tank system in accordance with item E and the repair has been extensive, such as installation of an internal liner or repair of a ruptured primary containment or secondary containment vessel, the tank system must not be returned to service unless the owner or operator has obtained a certification by an independent, qualified, registered professional engineer that the repaired system is capable of handling hazardous wastes without release. This certification must be submitted to the commissioner within seven days after returning the tank system to use and must include the statements in parts 7001.0070 and 7001.0540.
**Subp. 9. Closure and postclosure care.**
The requirements for closure and postclosure care of tank systems are as follows:
A. At closure of a tank system, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components such as liners, contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste unless it can be demonstrated that they are not a hazardous waste. Metal tanks and tank system components which have been decontaminated in accordance with an approved closure plan prepared in accordance with part 7045.0486, subpart 3, or 7045.0594, subpart 3, must be considered scrap metal for purposes of part 7045.0125, subpart 4, and if recycled, are not subject to parts 7045.0205 to 7045.0685. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems must meet the requirements of parts 7045.0594 to 7045.0624.
B. If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in item A, then the owner or operator must close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements that apply to landfills in part 7045.0638. In addition, for the purposes of closure, postclosure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator must meet the requirements for landfills in parts 7045.0594 to 7045.0624.
C. If an owner or operator has a tank system which does not have secondary containment that meets the requirements of subpart 4, items B to F, and which is not exempt from the secondary containment requirements in accordance with part 7045.0075, subparts 6 and 7, then:
**Subp. 10. Special requirements for ignitable or reactive waste.**
Ignitable or reactive waste must not be placed in a tank unless:
A. the waste is treated, rendered, or mixed before or immediately after placement in the tank so that the resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under part 7045.0131, subpart 2 or 5, and compliance with part 7045.0562, subpart 2 is maintained; or
B. the waste is stored or treated in such a way that it is protected from any material or conditions which may cause the waste to ignite or react; or
C. the tank is used solely for emergencies. The owner or operator of a facility which treats or stores ignitable or reactive waste in a tank shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjoining property line that can be built upon, as required in the buffer zone requirements for tanks, contained in the Minnesota State Fire Code, chapter 7510.
**Subp. 11. Special requirement for incompatible wastes.**
Incompatible wastes, or incompatible wastes and materials must not be placed in the same tank, unless compliance with part 7045.0562, subpart 2, is maintained.
Hazardous waste must not be placed in a tank system that has not been decontaminated and which previously held an incompatible waste or material, unless compliance with part 7045.0562, subpart 2, is maintained.
**Subp. 12. Waste analysis and trial tests.**
In addition to performing the waste analysis required by part 7045.0564, the owner or operator must, whenever a tank system is to be used to treat chemically or to store a hazardous waste that is substantially different from waste previously treated or stored in that tank system, or treat chemically a hazardous waste with a substantially different process than any previously used in that tank system:
A. conduct waste analyses and trial treatment or storage tests, bench scale or pilot plant scale tests; or
B. obtain written, documented information on similar waste under similar operating conditions to show that the proposed treatment or storage will meet the requirements of subpart 6, item A.
**Subp. 13. Air emission standards.**
The owner or operator of a facility must manage all hazardous waste placed in a tank in accordance with parts 7045.0645, 7045.0647, and 7045.0648.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 13 SR 259; 15 SR 1515; 18 SR 1751; 20 SR 715; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0629** Requirements for Small Quantity and Very Small Quantity Generators That Accumulate Hazardous Waste in Tanks {#sec-7045.0629 omnilex-key=us-mn-regs-official--agency-167--7045.0629}
**Subpart 1. Scope.**
The requirements of this part apply to small quantity and very small quantity generators that accumulate hazardous waste in tanks, and do not exceed accumulation amounts as provided in part 7045.0292.
**Subp. 2. General operating requirements.**
Generators regulated under this part must comply with the following general operating requirements:
A. Treatment or storage of hazardous waste in tanks must comply with part 7045.0562, subpart 2.
B. Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail.
C. Uncovered tanks must be operated to ensure at least 60 centimeters of freeboard, unless the tank is equipped with a containment structure such as a dike or trench, a drainage control system, or a diversion structure such as a standby tank with a capacity that equals or exceeds the volume of the top 60 centimeters of the tank.
D. Where hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow such as a waste feed cutoff system or bypass system to a standby tank.
**Subp. 3. Inspections.**
Generators regulated under this part must inspect, where present:
A. discharge control equipment, such as waste feed cutoff systems, bypass systems, and drainage systems, at least once each operating day, to ensure that it is in good working order;
B. data gathered from monitoring equipment such as pressure and temperature gauges, at least once each operating day, to ensure that the tank is being operated according to its design;
C. the level of waste in the tank at least once each operating day to ensure compliance with subpart 2, item C;
D. the construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams; and
E. the construction materials of, and the area immediately surrounding, discharge confinement structures such as dikes at least weekly to detect erosion or obvious signs of leakage such as wet spots or dead vegetation.
**Subp. 4. Closure.**
Generators regulated under this part must, upon closure of the facility, remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures.
**Subp. 5. Ignitable and reactive wastes.**
Generators regulated under this part must comply with the following special requirements for ignitable or reactive waste:
A. Ignitable or reactive waste must not be placed in a tank, unless the waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under parts 7045.0131, subpart 2 or 5, and 7045.0562, subpart 2 is complied with, or the waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react, or the tank is used solely for emergencies.
B. The owner or operator of a facility which treats or stores ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in the Minnesota State Fire Code, chapter 7510.
**Subp. 6. Incompatible wastes.**
Generators regulated under this part must comply with the following special requirements for incompatible wastes:
A. Incompatible wastes, or incompatible wastes and materials, must not be placed in the same tank, unless part 7045.0562, subpart 2 is complied with.
B. Hazardous waste must not be placed in an unwashed tank which previously held an incompatible waste or material unless part 7045.0562, subpart 2 is complied with.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 13 SR 259; 15 SR 1515; 16 SR 2102; 20 SR 715; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0630** Surface Impoundments {#sec-7045.0630 omnilex-key=us-mn-regs-official--agency-167--7045.0630}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as part 7045.0552 provides otherwise.
**Subp. 1a. Design and operating requirements.**
Design and operating requirements are as follows:
A. The owner or operator of each new surface impoundment unit on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992, and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992, must install two or more liners and a leachate collection and removal system between such liners, and operate the leachate collection and removal system, in accordance with part 7045.0532, subpart 3, item C, unless exempted under part 7045.0532, subpart 3, item J or K. "Construction commences" and "existing facility" are defined in part 7045.0020.
B. The owner or operator of each unit referred to in item A must notify the commissioner at least 60 days before receiving waste. The owner or operator of each facility submitting notice must file a Part B application within six months of the commissioner's receipt of the notice.
**Subp. 2. General operating requirements.**
A. A surface impoundment must maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action or a storm. There must be at least 60 centimeters (two feet) of freeboard. Any point source discharge from a surface impoundment to waters of the United States is subject to the requirements of the Federal Water Pollution Control Act Amendments of 1972, United States Code, title 33, section 1342, as amended. Spills may be subject to the Federal Water Pollution Control Act Amendments of 1972, United States Code, title 33, section 1312, as amended.
B. Surface impoundments that are newly subject to RCRA section 3005(j)(1) due to the promulgation of additional listings or characteristics for the identification of hazardous waste must be in compliance with subpart 1a not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period shall not be cut short as the result of the promulgation of land disposal prohibitions under Code of Federal Regulations, title 40, part 268, as amended, or the granting of an extension to the effective date of a prohibition pursuant to Code of Federal Regulations, title 40, section 268.5, as incorporated in part 7045.1390, within this 48-month period.
**Subp. 2a. Action leakage rate.**
A. The owner or operator of surface impoundment units subject to subpart 1a, item A, must submit a proposed action leakage rate to the commissioner when submitting the notice required under subpart 1a, item B. Within 60 days of receipt of the notification, the commissioner will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this subpart, or extend the review period for up to 30 days. If no action is taken by the commissioner before the original 60-day or extended 90-day review periods, the action leakage rate will be approved as proposed by the owner or operator.
B. The commissioner shall approve an action leakage rate for surface impoundment units subject to subpart 1a, item A. The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
C. To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under subpart 5, item B, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and if the unit closes in accordance with subpart 6, item C, monthly during the postclosure care period when monthly monitoring is required under subpart 5, item B.
**Subp. 2b. Response actions.**
A. The owner or operator of surface impoundment units subject to subpart 1a, item A, must submit a response action plan to the commissioner when submitting the proposed action leakage rate under subpart 2a. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in item B.
B. If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
C. To make the leak and/or remediation determinations in item B, subitems (3) to (5), the owner or operator must:
**Subp. 3. Containment system.**
All earthen dikes must have a protective cover, such as grass, shale, or rock, to minimize wind and water erosion and to preserve their structural integrity.
**Subp. 4. Waste analysis and trial tests.**
In addition to the waste analyses required by part 7045.0564, whenever a surface impoundment is to be used to chemically treat a hazardous waste which is substantially different from waste previously treated in that impoundment or to chemically treat hazardous waste with a substantially different process than any previously used in that impoundment, the owner or operator shall, before treating the different waste or using the different process, conduct waste analyses and trial treatment tests to show that this treatment will comply with part 7045.0562, subpart 2. In the alternative, the owner or operator may obtain written, documented information on similar treatment of similar waste under similar operating conditions to show that this treatment will comply with part 7045.0562, subpart 2. As required by part 7045.0564, the waste analysis plan must include analyses needed to comply with subparts 7 and 8. As required by part 7045.0584, the owner or operator shall place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.
**Subp. 5. Monitoring and inspection.**
A. The owner or operator shall inspect:
B. The owner or operator shall determine leaks as follows:
**Subp. 6. Closure and postclosure care.**
The requirements of closure and postclosure care are as follows:
A. At closure, the owner or operator may elect to remove from the impoundment or decontaminate any standing liquids, waste and waste residues, contaminated containment system components including liners, if any, underlying and surrounding contaminated soil, and structures and equipment contaminated with waste and leachate.
B. If the owner or operator removes or decontaminates all the impoundment materials described in item A, the impoundment is not further subject to the requirements of parts 7045.0552 to 7045.0649. At closure and throughout the operating period, unless the owner or operator can demonstrate that any waste removed from the surface impoundment is not a hazardous waste, he or she becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of parts 7045.0205 to 7045.0397 and 7045.0552 to 7045.0649.
C. If the owner or operator does not remove or decontaminate all the impoundment materials described in item A, he or she shall close the impoundment and provide postclosure care as for a landfill under parts 7045.0594 to 7045.0606 and 7045.0638, subpart 4, including the following:
D. In addition to the requirements of parts 7045.0594 to 7045.0606 and 7045.0638, subpart 4, during the postclosure care period, the owner or operator of a surface impoundment in which wastes, waste residues, or contaminated materials remain after closure in accordance with item C shall:
**Subp. 7. Special requirements for ignitable or reactive wastes.**
Ignitable or reactive waste must not be placed in a surface impoundment unless the waste and the impoundment satisfy all applicable requirements of part 7045.1390, and:
A. the waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under parts 7045.0131, subpart 2 or 5; and 7045.0562, subpart 2 is followed; or
B. the surface impoundment is used solely for emergencies.
**Subp. 8. Special requirements for incompatible wastes.**
Incompatible waste, or incompatible wastes and materials, must not be placed in the same surface impoundment unless part 7045.0562, subpart 2, is followed. For examples of potentially incompatible wastes, or incompatible waste and materials, see part 7045.0643, subpart 1, item D.
**Subp. 9. Air emission standards.**
The owner or operator must manage all hazardous waste placed in a surface impoundment in accordance with parts 7045.0645 and 7045.0648.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; L 1987 c 186 s 15; 13 SR 577; 15 SR 1877; 16 SR 2239; 18 SR 1886; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0632** Waste Piles {#sec-7045.0632 omnilex-key=us-mn-regs-official--agency-167--7045.0632}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that treat or store hazardous waste in piles, except as part 7045.0552 provides otherwise. Alternatively, a pile of hazardous waste may be managed as a landfill under part 7045.0638.
**Subp. 2. Protection from wind.**
The owner or operator of a pile containing hazardous waste which could be subject to dispersal by wind shall cover or otherwise manage the pile so that wind dispersal is controlled.
**Subp. 3. Waste analysis.**
In addition to the waste analyses required by part 7045.0564, the owner or operator shall analyze a representative sample of waste from each incoming movement before adding the waste to any existing pile, unless:
A. the only wastes the facility receives which are amenable to piling are compatible with each other; or
B. the waste received is compatible with the waste in the pile to which it is to be added. The analyses conducted must be capable of differentiating between the types of hazardous waste the owner or operator places in piles, so that mixing of incompatible waste does not inadvertently occur. The analysis must include a visual comparison of color and texture. As required by part 7045.0564, the waste analysis plan must include analyses needed to comply with subparts 5 and 6. As required by part 7045.0584, the owner or operator shall place the results of this analysis in the operating record of the facility.
**Subp. 4. Containment.**
If leachate or run-off from a pile is a hazardous waste, all the requirements of item A or B must be met:
A. The pile must be placed on an impermeable base that is compatible with the waste under the conditions of treatment or storage. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm. The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm. Collection and holding facilities, such as tanks or basins, associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously to maintain design capacity of the system.
B. The pile must be protected from precipitation and run-on by some other means, and no liquids or wastes containing free liquids may be placed in the pile. If collected leachate or run-off is discharged through a point source to waters of the United States, it is subject to the requirements of the Federal Water Pollution Control Act Amendments of 1972, United States Code, title 33, section 1342, as amended.
**Subp. 4a. Design and operating requirements.**
The owner or operator of each new waste pile on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each such replacement of an existing waste pile unit that is to commence reuse after July 29, 1992, must install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with part 7045.0534, subpart 3, item C, unless exempted under part 7045.0534, subpart 3, item D or E; and must comply with the procedures of part 7045.0630, subpart 1a, item B. "Construction commences" and "existing facility" are defined in part 7045.0020.
**Subp. 4b. Action leakage rates.**
A. The owner or operator of waste pile units subject to subpart 4a must submit a proposed action leakage rate to the commissioner when submitting the notice required under subpart 4a. Within 60 days of receipt of the notification, the commissioner will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this subpart, or extend the review period for up to 30 days. If no action is taken by the commissioner before the original 60-day or extended 90-day review periods, the action leakage rate will be approved as proposed by the owner or operator.
B. The commissioner shall approve an action leakage rate for waste pile units subject to subpart 4a. The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
C. To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly flow rate from the monitoring data obtained under subpart 9, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period.
**Subp. 5. Special requirements for ignitable or reactive waste.**
Ignitable or reactive waste must not be placed in a pile unless the waste and pile satisfy all applicable requirements of part 7045.1390:
A. addition of the waste to an existing pile results in the waste or mixture no longer meeting the definition of ignitable or reactive waste under part 7045.0131, subpart 2 or 5, and the addition complies with part 7045.0562, subpart 2; and
B. the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
**Subp. 6. Special requirements for incompatible waste.**
Incompatible wastes, or incompatible wastes and materials must not be placed in the same pile, unless part 7045.0562, subpart 2 is followed.
A pile of hazardous waste that is incompatible with any waste or other material located nearby must be adequately separated from the other materials, or protected from them by means of a dike, berm, wall, or other device. The purpose of this requirement is to prevent fires, explosions, gaseous emissions, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the contact or mixing of incompatible wastes or materials.
Hazardous wastes must not be piled on the same area where incompatible wastes or materials were previously piled, unless that area has been decontaminated sufficiently to ensure compliance with part 7045.0562, subpart 2.
**Subp. 7. Closure and postclosure care.**
At closure, the owner or operator shall:
A. remove or decontaminate all hazardous waste, hazardous waste residues, contaminated containment system components, such as liners, contaminated subsoils, and structures and equipment contaminated with hazardous waste and leachate, and manage then as hazardous waste, unless the owner or operator can demonstrate that the waste removed is not a hazardous waste; or
B. close the facility and perform postclosure care in accordance with the closure and postclosure requirements for landfills under part 7045.0638, subpart 4, if, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated.
**Subp. 8. Response actions.**
A. The owner or operator of waste pile units subject to subpart 4a must submit a response action plan to the commissioner when submitting the proposed action leakage rate under subpart 4b. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in item B.
B. If the flow rate into the leak determination system exceeds the action leakage rate for any sump, the owner or operator must:
C. To make the leak and/or remediation determinations in item B, subitems (3) to (5), the owner or operator must:
**Subp. 9. Monitoring and inspection.**
An owner or operator required to have a leak detection system under subpart 4a must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 15 SR 1877; 16 SR 2239; 18 SR 1565; 18 SR 1886; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0634** Land Treatment {#sec-7045.0634 omnilex-key=us-mn-regs-official--agency-167--7045.0634}
**Subpart 1. Scope.**
This part applies to owners and operators of hazardous waste land treatment facilities, except as part 7045.0552 provides otherwise.
**Subp. 2. General operating requirements.**
Hazardous waste must not be placed in or on a land treatment facility unless the waste can be made less hazardous or nonhazardous by biological degradation or chemical reactions occurring in or on the soil.
The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portions of the facility during peak discharge from at least a 25-year storm.
The owner or operator shall design, construct, operate, and maintain a run-off management system capable of collecting and controlling a water volume at least equivalent to a 24-hour, 25-year storm.
Collection and holding facilities, such as tanks or basins, associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator shall manage the unit to control wind dispersal.
**Subp. 3. Waste analysis.**
In addition to the waste analyses required by part 7045.0564 before placing a hazardous waste in or on a land treatment facility, the owner or operator shall:
A. determine the concentrations in the waste of any substances which equal or exceed the maximum concentrations contained in part 7045.0131, subpart 8, that cause a waste to exhibit the toxicity characteristic;
B. for any waste listed in part 7045.0135, determine the concentrations of any substances which caused the waste to be listed as a hazardous waste; and
C. if food chain crops are grown, determine the concentrations in the waste of each of the following constituents: arsenic, cadmium, lead, and mercury, unless the owner or operator has written, documented data that show that the constituent is not present. As required by part 7045.0564, the waste analysis plan must include analyses needed to comply with subparts 7 and 8. As required by part 7045.0584, the owner or operator shall place the results from each waste analysis, or the documented information, in the operating record of the facility.
**Subp. 4. Unsaturated zone or zone of aeration monitoring.**
Requirements for unsaturated zone or zone of aeration monitoring are as follows:
A. The owner or operator shall have in writing, and shall implement, an unsaturated zone monitoring plan which is designed to:
B. The unsaturated zone monitoring plan must include soil monitoring using soil cores, and soil-pore water monitoring using devices such as lysimeters.
C. To comply with item A, subitem (1), the owner or operator shall demonstrate in the unsaturated zone monitoring plan that:
D. The owner or operator shall keep the unsaturated zone monitoring plan, and the rationale used in developing this plan at the facility.
E. The owner or operator shall analyze the soil and soil-pore water samples for the hazardous waste constituents that were found in the waste during the waste analysis under subpart 3, items A and B. As required by part 7045.0584, all data and information developed by the owner or operator under this part must be placed in the operating record of the facility.
**Subp. 5. Record keeping.**
The owner or operator of a land treatment facility shall include hazardous waste application dates and rates in the operating record required in part 7045.0584.
**Subp. 6. Closure and postclosure.**
Closure and postclosure requirements are as follows:
A. In the closure plan under part 7045.0594 and the postclosure plan under part 7045.0600, the owner and operator shall address the following objectives and indicate how they will be achieved:
B. The owner or operator shall consider at least the following factors in addressing the closure and postclosure care objectives of item A:
C. The owner or operator shall consider at least the following methods in addressing the closure and postclosure care objectives of item A:
D. In addition to the requirements of parts 7045.0594 to 7045.0606, during the closure period, the owner or operator of a land treatment facility shall:
E. For the purpose of complying with part 7045.0596, subpart 4, when closure is completed the owner or operator may submit to the commissioner certification both by the owner or operator and by an independent qualified soil scientist, in lieu of an independent registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.
F. In addition to the requirements of part 7045.0602, during the postclosure care period, the owner or operator of a land treatment facility shall:
**Subp. 7. Special requirements for ignitable or reactive waste.**
Ignitable or reactive wastes must not be land treated, unless the waste and treatment zone meet all applicable requirements of part 7045.1390, and the waste is immediately incorporated into the soil so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under parts 7045.0131, subpart 2 or 5; and 7045.0562, subpart 2 is complied with.
**Subp. 8. Special requirements for incompatible wastes.**
Incompatible wastes, or incompatible wastes and materials, must not be placed in the same land treatment area, unless part 7045.0562, subpart 2, is complied with.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; L 1987 c 186 s 15; 15 SR 1878; 16 SR 2239; 33 SR 2042*
##### **Minn. R. 7045.0636** Additional Requirements for Land Treatment Facilities Growing Food Chain Crops {#sec-7045.0636 omnilex-key=us-mn-regs-official--agency-167--7045.0636}
**Subpart 1. Notification.**
An owner or operator of a hazardous waste land treatment facility on which food chain crops are being grown, or have been grown, and will be grown in the future, shall notify the commissioner within 60 days after July 16, 1984. The growth of food chain crops at a facility which has never before been used for this purpose constitutes a significant change under the permitting procedures. Owners or operators of these land treatment facilities who propose to grow food chain crops after July 16, 1984, shall comply with the applicable permitting procedures.
**Subp. 2. Acceptability of the land treatment facility.**
Food chain crops must not be grown on the treated area of a hazardous waste land treatment facility unless the owner or operator can demonstrate, based on field testing, that any arsenic, lead, mercury, or other constituents identified under part 7045.0634, subpart 3, items B and C:
A. will not be transferred to the food portion of the crop by plant uptake or direct contact, and will not otherwise be ingested by food chain animals; or
B. will not occur in greater concentrations in the crops grown on the land treatment facility than in the same crops grown on untreated soils under similar conditions in the same region. The information necessary to make this demonstration must be kept at the facility and must be based on tests for the specific waste and application rates being used at the facility and must include descriptions of crop and soil characteristics, sample selection criteria, sample size determination, analytical methods, and statistical procedures.
**Subp. 3. Cadmium limitations; human food crops.**
Food chain crops must not be grown on a land treatment facility receiving waste that contains cadmium unless:
A. the pH of the waste and soil mixture is 6.5 or greater at the time of each waste application, except for waste containing cadmium at concentrations of two milligrams per kilogram (dry weight) or less;
B. the annual application of cadmium from waste does not exceed 0.5 kilograms per hectare on land used for production of tobacco, leafy vegetables, or root crops grown for human consumption and for other food chain crops, the annual cadmium application rate does not exceed the levels specified in the first table in item C; and
C. the cumulative application of cadmium from waste does not exceed the levels specified in the second table in this item. Annual Cadmium Application Rates Maximum Cadmium Cumulative Application (kilograms per hectare)
**Subp. 4. Cadmium limitations; animal feed crops.**
Notwithstanding the provisions of subpart 3, food chain crops may be grown on a land treatment facility receiving waste that contains cadmium if:
A. the only food chain crop produced is animal feed;
B. the pH of the waste and soil mixture is 6.5 or greater at the time of waste application or at the time the crop is planted, whichever occurs later, and this pH level is maintained whenever food chain crops are grown;
C. there is a facility operating plan which demonstrates how the animal feed will be distributed to preclude ingestion by humans and the facility operating plan describes the measures to be taken to safeguard against possible health hazards from cadmium entering the food chain which may result from alternative land uses; and
D. future property owners are notified by a stipulation in the land record or property deed which states that the property has received waste at high cadmium application rates and that food chain crops must not be grown except in compliance with items A to C. As required by part 7045.0584, if an owner or operator grows food chain crops on a land treatment facility, he or she shall place the information developed in this part in the operating record of the facility.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 17 SR 1279*
##### **Minn. R. 7045.0638** Landfills {#sec-7045.0638 omnilex-key=us-mn-regs-official--agency-167--7045.0638}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that dispose of hazardous waste in landfills, except as part 7045.0552 provides otherwise. A waste pile used as a disposal facility is a landfill and is governed by this part.
**Subp. 1a.**
[Repealed, 18 SR 1886]
**Subp. 2. Design and operating requirements.**
Design and operating requirements are as follows:
A. The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992, must install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with part 7045.0538, subpart 3, item C, unless exempted under part 7045.0538, subpart 3, item M or N. "Construction commences" and "existing facility" are defined in part 7045.0020.
B. The owner or operator of each unit referred to in item A must notify the commissioner at least 60 days before receiving waste. The owner or operator of each facility submitting notice must file a part B application within six months of the commissioner's receipt of the notice.
C. The owner or operator of any replacement landfill unit is exempt from item A if:
D. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.
E. The owner or operator shall design, construct, operate, and maintain a runoff management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
F. Collecting and holding facilities, such as tanks or basins, associated with run-on and runoff control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
G. The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind shall cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled. As required by part 7045.0564, the waste analysis plan must include analyses needed to comply with subparts 5, 6, and 7. As required by part 7045.0584, the owner or operator shall place the results of these analyses in the operating record of the facility.
**Subp. 2a. Action leakage rate.**
A. The owner or operator of landfill units subject to subpart 2, item A, must submit a proposed action leakage rate to the commissioner when submitting the notice required under subpart 2, item B. Within 60 days of receipt of the notification, the commissioner will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this subpart, or extend the review period for up to 30 days. If no action is taken by the commissioner before the original 60-day or extended 90-day review periods, the action leakage rate will be approved as proposed by the owner or operator.
B. The commissioner shall approve an action leakage rate for landfill units subject to subpart 2, item A. The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
C. To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under subpart 2c to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and monthly during the postclosure care period when monthly monitoring is required under subpart 2c, item B.
**Subp. 2b. Response actions.**
A. The owner or operator of landfill units subject to subpart 2, item A, must submit a response action plan to the commissioner when submitting the proposed action leakage rate under subpart 2a. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in item B.
B. If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
C. To make the leak and/or remediation determinations in item B, subitems (3) to (5), the owner or operator must:
**Subp. 2c. Monitoring and inspection.**
A. An owner or operator required to have a leak detection system under subpart 2, item A, must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
B. After the final cover is installed, the amount of liquids removed from each leak detection system sump must be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at least semiannually. If at any time during the postclosure care period the pump operating level is exceeded at units on quarterly or semiannual recording schedules, the owner or operator must return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
C. "Pump operating level" is a liquid level proposed by the owner or operator and approved by the commissioner based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed pump operating level will be in accordance with subpart 2a, item A.
**Subp. 3. Surveying and record keeping.**
The owner or operator of a landfill shall maintain the following items in the operating record required in part 7045.0584:
A. a map detailing the exact location and dimensions, including depth, of each cell with respect to permanently surveyed bench marks; and
B. the contents of each cell and the approximate location of each hazardous waste type within each cell.
**Subp. 4. Closure and postclosure.**
Closure and postclosure requirements are as follows:
A. At final closure of the landfill or upon closure of any landfill cell, the owner or operator shall cover the landfill or landfill cell with a final cover designed and constructed to:
B. After final closure, the owner or operator shall comply with all postclosure requirements contained in parts 7045.0600 to 7045.0606 including maintenance and monitoring throughout the postclosure care period. The owner or operator must:
**Subp. 5. Special requirements for ignitable or reactive waste.**
Special requirements for ignitable or reactive waste are as follows:
A. Except as provided in item B, and subparts 7 and 9, ignitable or reactive waste must not be placed in a landfill unless the waste and landfill meet all applicable requirements of part 7045.1390, and the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under part 7045.0131, subpart 2 or 5, and compliance with part 7045.0562, subpart 2, is maintained.
B. Except for prohibited wastes which remain subject to treatment standards in Code of Federal Regulations, title 40, sections 268.40 to 268.42, as incorporated in part 7045.1390, ignitable wastes in containers may be landfilled without meeting the requirements of item A if the wastes are disposed so that they are protected from any material or conditions which may cause them to ignite. Ignitable wastes must be disposed in nonleaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; must be covered daily with soil or other noncombustible material to minimize the potential for ignition of the wastes; and must not be disposed in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the wastes.
**Subp. 6. Special requirements for incompatible wastes.**
Incompatible wastes, or incompatible wastes and materials must not be placed in the same landfill cell unless part 7045.0562, subpart 2, is complied with.
**Subp. 7. Special requirements for liquid waste.**
Bulk or noncontainerized liquid waste or waste containing free liquids, whether or not sorbents have been added, must not be placed in a landfill.
A. A container holding liquid waste or waste containing free liquids must not be placed in a landfill, unless:
B. To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated in part 7045.0065, item D.
C. Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are materials listed or described in subitem (1) or materials that pass one of the tests in subitem (2).
**Subp. 8. Special requirements for containers.**
Unless they are very small, such as an ampule, containers must be either:
A. at least 90 percent full when placed in the landfill; or
B. crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.
**Subp. 9. Special requirements for disposal of laboratory packs.**
Small containers of hazardous waste in overpacked drums, or laboratory packs, may be placed in a landfill if the requirements of items A to F are met:
A. Hazardous waste must be packaged in nonleaking inside containers. The inside containers must be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the waste held therein. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type authorized in the United States Department of Transportation hazardous materials regulations under Code of Federal Regulations, title 49, parts 173, 178, 179, and 180, as amended, if those regulations specify a particular inside container for the waste.
B. The inside containers must be overpacked in a removable head metal shipping container as specified in United States Department of Transportation regulations under Code of Federal Regulations, title 49, section 173.12 and parts 178, 179, and 180, as amended. The inside containers must be surrounded by a sufficient quantity of chemically compatible sorbent material, determined to be nonbiodegradable in accordance with subpart 7, item C, to completely sorb all of the liquid contents of the inside containers. The gross weight of the complete package must not exceed 205 kilograms (452 pounds). The metal outer container must be full after it has been packed with inside containers and sorbent material.
C. The sorbent material used must not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers, in accordance with part 7045.0562, subpart 2.
D. Incompatible wastes, as defined in part 7045.0020, must not be placed in the same outside container.
E. Reactive waste, other than cyanide- or sulfide-bearing waste as defined in part 7045.0131, subpart 5, item E, must be treated or rendered nonreactive prior to packaging in accordance with items A to D. Cyanide- and sulfide-bearing reactive waste may be packaged in accordance with items A to D without first being treated or rendered nonreactive.
F. The disposal complies with part 7045.1390. Persons who incinerate lab packs in accordance with Code of Federal Regulations, title 40, section 268.42(c)(1), as incorporated in part 7045.1390, may use fiber drums in place of metal outer containers. The fiber drums must meet the United States Department of Transportation specifications in Code of Federal Regulation, title 49, section 173.12, as amended, and be overpacked in accordance with item B.
**History**
- *Statutory Authority: MS s 116.07; 116.37*
- *History: 9 SR 115; 10 SR 1688; 11 SR 1832; 15 SR 1877; 16 SR 2239; 18 SR 1886; 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0640** Thermal Treatment Facilities {#sec-7045.0640 omnilex-key=us-mn-regs-official--agency-167--7045.0640}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities that thermally treat hazardous waste, except as part 7045.0552 provides otherwise.
The following facility owners or operators are considered to thermally treat hazardous waste: owners or operators of hazardous waste incinerators as defined in part 7045.0020; and owners or operators who burn hazardous wastes in boilers or in industrial furnaces in order to destroy the wastes.
Owners and operators of thermal treatment facilities that thermally treat hazardous waste are exempt from all the requirements of this part except subpart 5, if the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain constituents listed in part 7045.0141, and the documentation is kept at the facility, and the waste to be treated is:
A. listed as a hazardous waste in part 7045.0135 only because it is ignitable, or corrosive, or both;
B. listed as a hazardous waste in part 7045.0135 only because it is reactive for characteristics other than those listed in part 7045.0131, subpart 5, items D and E, and will not be treated when other hazardous wastes are present in the combustion zone;
C. a hazardous waste only because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous wastes under part 7045.0131; or
D. a hazardous waste only because it possesses any of the reactivity characteristics described by part 7045.0131, subpart 5, items A, B, C, F, G, and H, and will not be treated when other hazardous wastes are present in the combustion zone.
**Subp. 2. Waste analysis.**
In addition to the waste analysis required by part 7045.0564, the owner or operator shall sufficiently analyze any waste which he or she has not previously treated in the thermal treatment process to enable him or her to establish steady state or other appropriate operating conditions for a noncontinuous process, including waste and auxiliary fuel feed and air flow and to determine the type of pollutants which might be emitted. The analysis must determine:
A. heating value of the waste;
B. halogen content and sulfur content in the waste; and
C. concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present. As required by part 7045.0584, the owner or operator shall place the results from each waste analysis, or the documented information, in the operating record of the facility.
**Subp. 3. General operating requirements.**
Before adding hazardous waste, the owner or operator shall bring the thermal treatment process to steady state conditions of operation, including steady state operating temperature and air flow, using auxiliary fuel or other means, unless the process is a noncontinuous thermal treatment process which requires a complete thermal cycle to treat a discrete quantity of hazardous waste. For incinerators, this requirement applies during start-up and shutdown.
**Subp. 4. Monitoring and inspections.**
The owner or operator shall conduct the following monitoring and inspections when thermally treating hazardous waste:
A. Existing instruments which relate to temperature, combustion, and emission control, if an emission control device is present, must be monitored at least every 15 minutes. Appropriate corrections to maintain steady state or other appropriate thermal treatment conditions must be made immediately either automatically or by the operator. Instruments which relate to temperature, combustion, and emission control would normally include those measuring waste feed, auxiliary fuel feed, air flow, treatment process temperature, scrubber flow, scrubber pH, and relevant process flow and level controls.
B. The stack plume, where present, must be observed visually at least hourly for normal appearance, including color and opacity. The operator must immediately make indicated operating corrections necessary to return visible emissions to their normal appearance.
C. The complete thermal treatment process and associated equipment including pumps, valves, conveyors, and pipes must be inspected at least daily for leaks, spills, and fugitive emissions; and all emergency shutdown controls and system alarms must be checked to assure proper operation.
**Subp. 5. Closure.**
At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues, including, but not limited to, ash, scrubber waters, and scrubber sludges, from the thermal treatment process or equipment. At closure, as throughout the operating period, unless the owner or operator can demonstrate that any waste removed from the thermal treatment process, or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of parts 7045.0205 to 7045.1030.
**Subp. 6. Open burning; waste explosives.**
Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate, and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through all material faster than the speed of sound, 0.33 kilometers per second at sea level. Owners or operators choosing to open burn or detonate waste explosives shall do so in accordance with the distance limitations of the following table and in a manner that does not threaten human health or the environment.
Property Line Separation
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 10 SR 1688*
##### **Minn. R. 7045.0642** Chemical, Physical, and Biological Treatment Facilities {#sec-7045.0642 omnilex-key=us-mn-regs-official--agency-167--7045.0642}
**Subpart 1. Scope.**
This part applies to owners and operators of facilities which treat hazardous waste by chemical, physical, or biological methods in other than tanks, surface impoundments, and land treatment facilities, except as part 7045.0552 provides otherwise. Chemical, physical, and biological treatment of hazardous waste in tanks, surface impoundments, and land treatment facilities must be conducted in accordance with parts 7045.0628, 7045.0630, and 7045.0634, respectively.
**Subp. 2. General operating requirements.**
Chemical, physical, or biological treatment of hazardous waste must comply with part 7045.0562, subpart 2.
Hazardous wastes or treatment reagents must not be placed in the treatment process or equipment if they could cause the treatment process or equipment to rupture, leak, corrode, or otherwise fail before the end of its intended life.
Where hazardous waste is continuously fed into a treatment process or equipment, the process or equipment must be equipped with a means to stop this inflow including such items as a waste feed cutoff system or bypass system to a standby containment device.
**Subp. 3. Waste analysis and trial tests.**
Whenever a hazardous waste which is substantially different from waste previously treated in a treatment process or equipment at the facility is to be treated in a treatment process or equipment at the facility or a process which is substantially different than any process previously used at the facility is to be used to chemically treat hazardous waste at the facility, the owner or operator shall comply with the requirements of item A or B before treating the different waste or using the different process or equipment:
A. conduct waste analyses and trial treatment tests; and
B. obtain written, documented information on similar treatment of similar waste under similar operating conditions to show that this proposed treatment will meet all applicable requirements of subpart 2. As required by part 7045.0564, the waste analysis plan must include analyses needed to comply with subparts 6 and 7. As required by part 7045.0584, the owner or operator shall place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.
**Subp. 4. Inspections.**
The owner or operator of a treatment facility shall inspect, where present:
A. discharge control and safety equipment at least once each operating day, to ensure that it is in good working order;
B. data gathered from monitoring equipment at least once each operating day, to ensure that the treatment process or equipment is being operated according to its design;
C. the construction materials of the treatment process or equipment, at least weekly, to detect corrosion or leaking of fixtures or seams; and
D. the construction materials of, and the area immediately surrounding, discharge confinement structures at least weekly, to detect erosion or obvious signs of leakage. As required by part 7045.0556, subpart 5, the owner or operator shall remedy any deterioration or malfunction this person finds.
**Subp. 5. Closure.**
At closure, all hazardous waste and hazardous waste residues must be removed from treatment processes or equipment, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the owner or operator can demonstrate that any waste removed from the treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of parts 7045.0205 to 7045.1030.
**Subp. 6. Special requirements for ignitable or reactive waste.**
Ignitable or reactive waste must not be placed in a treatment process or equipment unless the requirements of item A or B are met:
A. the waste is treated, rendered, or mixed before or immediately after placement in the treatment process or equipment so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under parts 7045.0131, subpart 2 or 5; and 7045.0562, subpart 2 is complied with; or
B. the waste is treated in such a way that it is protected from any material or conditions which may cause the waste to ignite or react.
**Subp. 7. Special requirements for incompatible wastes.**
Incompatible wastes, or incompatible wastes and materials must not be placed in the same treatment process or equipment unless part 7045.0562, subpart 2 is complied with.
Hazardous waste must not be placed in unwashed treatment equipment which previously held an incompatible waste or material unless part 7045.0562, subpart 2 is complied with.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; 17 SR 1279*
##### **Minn. R. 7045.0643** Appendices to Interim Status Facility Standards {#sec-7045.0643 omnilex-key=us-mn-regs-official--agency-167--7045.0643}
**Subpart 1. Incorporation of federal regulations.**
The following appendices found in Code of Federal Regulations, title 40, part 265, as amended, are incorporated by reference:
A. Appendix I, Recordkeeping Instructions;
B. Appendix III, EPA Interim Primary Drinking Water Standards;
C. Appendix IV, Tests for Significance;
D. Appendix V, Examples of Potentially Incompatible Waste; and
E. Appendix VI, Compounds with Henry's Law Constant Less Than 0.1 Y/X.
**Subp. 2. Additions, modifications, or exceptions to incorporated regulations.**
Part 7045.0090, adoption and incorporation by reference, also applies.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7045.0644** Drip Pads {#sec-7045.0644 omnilex-key=us-mn-regs-official--agency-167--7045.0644}
**Subpart 1. Federal regulations adopted by reference.**
Owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water runoff to an associated collection system are subject to the requirements of Code of Federal Regulations, title 40, part 265, subpart W, as amended. Existing drip pads and new drip pads are defined in part 7045.0020.
**Subp. 2. Leak collection system requirements.**
The requirement of Code of Federal Regulations, title 40, section 265.443(b)(3), as amended, applies only to:
A. drip pads that are or were used to manage hazardous waste with the waste code of F032 that are constructed after December 24, 1992, except those for which the owner or operator had a design and entered into binding financial or other agreements for construction prior to December 24, 1992; and
B. drip pads that are used to manage hazardous waste with the waste code of F034 or F035 that are constructed after July 25, 1994, except those for which the owner or operator had a design and entered into binding financial or other agreements for construction prior to July 25, 1994.
**Subp. 3. Indoor drip pads.**
The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither runoff nor run-on is generated is not subject to regulation under Code of Federal Regulations, title 40, section 265.573(e) or 265.573(f), as amended, as appropriate.
**Subp. 4. Incidental drippage in storage yards.**
The requirements of Code of Federal Regulations, title 40, part 265, subpart W, as amended, are not applicable to the management of infrequent and incidental drippage in storage yards provided that the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan must describe how the owner or operator will do the following:
A. clean up the drippage;
B. document the cleanup of the drippage;
C. retain documents regarding cleanup for three years; and
D. manage the contaminated media in a manner consistent with chapters 7001 and 7045.
**Subp. 5. Exceptions to adopted federal regulations.**
Where the federal regulations adopted in subpart 1 refer to other federal regulations, the other federal regulations referred to are superseded by their corresponding state rules; where no corresponding state rule exists, the federal regulations referred to do not apply.
**Subp. 6. Effective date.**
This part is effective July 25, 1994.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 18 SR 1751; 20 SR 715*
##### **Minn. R. 7045.0645** Air Emission Standards for Tanks, Surface Impoundments, and Containers {#sec-7045.0645 omnilex-key=us-mn-regs-official--agency-167--7045.0645}
**Subpart 1. Incorporation of federal regulations.**
The owners and operators of interim status facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers must comply with Code of Federal Regulations, title 40, part 265, subpart CC, air emission standards for tanks, surface impoundments, and containers, sections 265.1080 to 265.1091, as amended, which are incorporated by reference subject to the exceptions in subpart 2.
**Subp. 2. Additions, modifications, or exceptions to incorporated regulations.**
A. The agency does not incorporate the following Code of Federal Regulations, title 40, part 265, subpart CC, provisions, as amended:
B. Part 7045.0090, adoption and incorporation by reference, also applies.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7045.0647** Federal Air Emission Standards for Process Vents at Interim Status Facilities {#sec-7045.0647 omnilex-key=us-mn-regs-official--agency-167--7045.0647}
**Subpart 1. Federal regulation adopted.**
If the applicant proposes to treat, store, or dispose of hazardous waste in an interim status facility that uses process vents as defined in Code of Federal Regulations, title 40, section 264.1031, as amended, the applicant must comply with the air emission standards for process vents in Code of Federal Regulations, title 40, subpart AA, sections 265.1030 to 265.1049, as amended.
**Subp. 2. Exceptions to adopted federal regulation.**
Exceptions to the federal regulation adopted in subpart 1 are as follows:
A. references in the adopted regulation to other federal regulations also refer to the corresponding Minnesota rules; and
B. references in the adopted regulation to "regional administrator" mean "agency commissioner."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2321*
##### **Minn. R. 7045.0648** Federal Air Emission Standards for Equipment Leaks at Interim Status Facilities {#sec-7045.0648 omnilex-key=us-mn-regs-official--agency-167--7045.0648}
**Subpart 1. Federal regulation adopted.**
If the applicant proposes to treat, store, or dispose of hazardous waste in an interim status facility that uses equipment as defined in Code of Federal Regulations, title 40, section 264.1031, as amended, the applicant must comply with the air emission standards for equipment leaks in Code of Federal Regulations, title 40, subpart BB, sections 265.1050 to 265.1079, as amended.
**Subp. 2. Exceptions to adopted federal regulation.**
Exceptions to the federal regulation adopted in subpart 1 are as follows:
A. references in the adopted regulation to other federal regulations also refer to the corresponding Minnesota rules; and
B. references in the adopted regulation to "regional administrator" mean "agency commissioner."
**History**
- *Statutory Authority: MS s 116.07*
- *History: 16 SR 2321*
##### **Minn. R. 7045.0649** Containment Buildings {#sec-7045.0649 omnilex-key=us-mn-regs-official--agency-167--7045.0649}
**Subpart 1. Incorporation of federal regulations.**
The owners and operators of interim status facilities that store or treat hazardous waste in containment buildings must comply with Code of Federal Regulations, title 40, part 265, subpart DD, Containment Buildings, sections 265.1100 to 265.1110, as amended, which are incorporated by reference subject to the exceptions in subpart 2.
**Subp. 2. Additions, modifications, or exceptions to incorporated regulations.**
Part 7045.0090, adoption and incorporation by reference, also applies.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7045.0650** [Repealed, 8 SR 2276] {#sec-7045.0650 omnilex-key=us-mn-regs-official--agency-167--7045.0650}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0652** Facilities Governed by Facility Standards {#sec-7045.0652 omnilex-key=us-mn-regs-official--agency-167--7045.0652}
**Subpart 1. General requirements.**
Parts 7045.0652 and 7045.0655 apply in lieu of parts 7045.0450 to 7045.0649 to the owner or operator of the following types of units or facilities:
A. an elementary neutralization unit, if the unit does not receive hazardous waste from generators other than the owner or operator of the unit. For units which are transport vehicles, vessels, or containers used to transport the waste after neutralization, this neutralization must occur in these units while they remain stationary and before transport of the neutralized waste begins;
B. a pretreatment unit, if the unit does not receive hazardous waste from generators other than the owner or operator of the unit;
C. a wastewater treatment unit, if the unit does not receive hazardous waste from generators other than the owner or operator of the unit; and
D. that portion of a combustion waste facility which is used to manage hazardous wastes produced in conjunction with the combustion of fossil fuels provided that the wastes:
**Subp. 2. Exemptions.**
Parts 7045.0652 and 7045.0655 do not apply to the owner or operator of the following types of units:
A. an elementary neutralization unit, pretreatment unit, wastewater treatment unit, or combustion waste facility, which treats hazardous waste, if the treatment meets the criteria of part 7045.0125; or
B. an elementary neutralization unit, pretreatment unit, wastewater treatment unit, or combustion waste facility for which the commissioner has terminated eligibility for a permit-by-rule.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 33 SR 2042*
##### **Minn. R. 7045.0655** General Facility Standards {#sec-7045.0655 omnilex-key=us-mn-regs-official--agency-167--7045.0655}
**Subpart 1. Identification number.**
The owner or operator shall not treat or store a hazardous waste in an elementary neutralization unit, pretreatment unit, wastewater treatment unit, or combustion waste facility without having received an identification number. An owner or operator who has not received an identification number may obtain one using agency forms.
**Subp. 2. Security.**
The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock into or onto the elementary neutralization unit, pretreatment unit, wastewater treatment unit, or combustion waste facility unless:
A. physical contact with the waste contained in the unit or facility will not injure unknowing or unauthorized persons or livestock which may enter the unit or facility; and
B. disturbance of the waste or equipment by the unknowing or unauthorized entry of persons or livestock into or onto the unit or facility will not cause a violation of the requirements of parts 7045.0652 and 7045.0655.
**Subp. 3. Inspection requirements.**
Inspection requirements are as follows:
A. The owner or operator shall inspect the elementary neutralization unit, pretreatment unit, wastewater treatment unit, or combustion waste facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to unauthorized release of hazardous waste to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
B. The owner or operator shall develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment, such as tank walls and pumps, that are important to preventing environmental or human health hazards. The owner or operator shall keep this schedule at the facility. The schedule must identify the types of problems, such as malfunctions, or deterioration, which are to be looked for during the inspection, such as inoperative pump, leaking fitting, and heavy corrosion.
C. The frequency of inspection may vary for the items on the schedule. It should be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if any deterioration or malfunction or operator error goes undetected between inspections.
D. The owner or operator shall remedy any deterioration or malfunction of equipment or structures detected in an inspection. This must be done on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
E. The owner or operator shall record inspections in an inspection log and shall keep these records for at least three years from the date of inspection. These records must include the date and time of each inspection, the name of the inspector, a recording of the observations made, and the date and nature of any repairs or other remedial actions taken as a result of inspection observations.
**Subp. 4. Operating requirements.**
Operating requirements are as follows:
A. The owner or operator of an elementary neutralization unit, pretreatment unit, wastewater treatment unit, or combustion waste facility shall ensure that the treatment process conducted in the unit or facility does not:
B. Hazardous wastes or treatment reagents must not be placed in an elementary neutralization unit, pretreatment unit, wastewater treatment unit, or combustion waste facility if they could cause the unit or facility or any of its equipment to rupture, abnormally corrode, or otherwise fail before the end of its intended life.
C. An elementary neutralization unit, pretreatment unit, or wastewater treatment unit must be constructed of sturdy leakproof material and must be designed, constructed, and operated so as to prevent hazardous waste from being spilled or leaked into or on any land or water during the operating life of the unit.
**Subp. 5. Manifest system, record keeping, and reporting.**
The owner or operator of an elementary neutralization unit, pretreatment unit, or wastewater treatment unit shall comply with the following requirements with respect to hazardous wastes received from off-site sources: part 7045.0474, Manifest system; part 7045.0476, Manifest discrepancies; part 7045.0478, subparts 2 and 3, items A to C, Operating record; and part 7045.0482, subparts 2 and 3, Required reports.
Within 15 days after any spill or leakage of hazardous waste from an elementary neutralization unit, pretreatment unit, wastewater treatment unit, or combustion waste facility, the owner or operator of the unit or facility shall submit a written report to the commissioner which contains the following information:
A. name, address, and telephone number of the owner or operator;
B. name, address, and telephone number of the facility;
C. date, time, and nature of the incident;
D. name and quantity of material involved;
E. the extent of injuries, if any;
F. an assessment of actual or potential hazards to human health or the environment, where this is applicable; and
G. estimated quantity and disposition of recovered material that resulted from the incident.
**Subp. 6. Closure.**
At closure, the owner or operator of an elementary neutralization unit, pretreatment unit, or wastewater treatment unit shall remove all hazardous waste and hazardous waste residues from the unit.
At closure, the owner or operator of a combustion waste facility shall analyze the waste present in the facility in accordance with parts 7045.0102 to 7045.0155 and shall submit the waste analysis results and proposed closure methods to the commissioner. Based on the waste analysis and proposed closure methods, the agency shall determine which closure standards from parts 7045.0450 to 7045.0551, if any, apply to the facility.
**Subp. 7. Treated wastes.**
Treated waste generated by an elementary neutralization unit, pretreatment unit, or wastewater treatment unit is subject to regulation under parts 7045.0102 to 7045.0320.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 16 SR 2102; 17 SR 1279; 18 SR 1565; 29 SR 947; 33 SR 2042*
##### **Minn. R. 7045.0660** [Repealed, 8 SR 2276] {#sec-7045.0660 omnilex-key=us-mn-regs-official--agency-167--7045.0660}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0665** Hazardous Wastes Used in a Manner Constituting Disposal {#sec-7045.0665 omnilex-key=us-mn-regs-official--agency-167--7045.0665}
**Subpart 1. Scope.**
This part applies to hazardous wastes that are used in a manner constituting disposal.
A. For the purposes of this part, use constituting disposal means the application or placement of recyclable wastes in or on the land without mixing with other substances or after mixing or combining with any other substances.
B. Hazardous wastes are not used in a manner constituting disposal if:
C. Antiskid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in item B and remain subject to regulation.
D. Fertilizers that contain recyclable materials are not subject to regulation provided that:
**Subp. 1a. Land application prohibition.**
The following materials may not be placed in solid waste, in or on the land, or in or on waters of the state unless approved by the commissioner:
A. hazardous waste; and
B. a mixture of hazardous waste and other material.
**Subp. 1b. Evaporation disposal prohibition.**
Generators must not by intentional evaporation dispose of hazardous waste. The following specific treatment activities by generators, when conducted in accordance with part 7045.0450, subpart 3, item K, or 7045.0552, subpart 3, item K, are not prohibited:
A. volume reduction through evaporation of water from an aqueous hazardous waste that does not contain any volatile hazardous constituents; and
B. polymerization to solidify polyester wastes or other chemical fixation processes which must be conducted in open containers to allow heat and pressure to be vented for safety reasons.
**Subp. 2. Standards applicable to generators of wastes used in a manner that constitutes disposal.**
Generators of wastes that are used in a manner that constitutes disposal are subject to the requirements of parts 7045.0205 to 7045.0325.
**Subp. 3. Standards applicable to transporters of wastes used in a manner that constitutes disposal.**
Transporters of wastes that are used in a manner that constitutes disposal are subject to the requirements of parts 7045.0351 to 7045.0397.
**Subp. 4. Standards applicable to facilities managing wastes that are to be used in a manner that constitutes disposal.**
Facilities managing wastes in a manner that constitutes disposal are subject to the following requirements:
A. owners or operators of facilities that store recyclable wastes that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the wastes are subject to all applicable provisions of parts 7045.0450 to 7045.0551, and 7045.0552 to 7045.0649, and chapter 7001; and
B. owners or operators of facilities that use recyclable wastes that are to be used in a manner that constitutes disposal are subject to all applicable provisions of parts 7045.0450 to 7045.0551, 7045.0552 to 7045.0649, and 7045.1390 and chapter 7001.
**History**
- *Statutory Authority: MS s 14.07; 115.03; 116.07; 116.37*
- *History: 10 SR 1688; 13 SR 2761; 14 SR 1718; 16 SR 2102; 16 SR 2239; 20 SR 715; 22 SR 5; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0670** [Repealed, 8 SR 2276] {#sec-7045.0670 omnilex-key=us-mn-regs-official--agency-167--7045.0670}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0675** Recyclable Hazardous Waste Used for Precious Metal Recovery {#sec-7045.0675 omnilex-key=us-mn-regs-official--agency-167--7045.0675}
**Subpart 1. Scope.**
This part applies to recyclable hazardous waste that is reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these.
**Subp. 2. Requirements for generators.**
Generators of recyclable hazardous waste regulated under this part are subject to the requirements of parts 7045.0205 to 7045.0325.
**Subp. 3. Requirements for transporters.**
Transporters of recyclable hazardous waste regulated under this part are subject to the requirements of parts 7045.0351 to 7045.0397.
**Subp. 4. Requirements for persons who store.**
Persons who store recyclable hazardous waste that is regulated under this part are subject to the following requirements:
A. If the hazardous waste is not being accumulated speculatively as defined in part 7045.0020, the following apply:
B. If the hazardous waste is being accumulated speculatively as defined in part 7045.0020, the recyclable hazardous waste is subject to all applicable requirements of parts 7045.0205 to 7045.0642 and chapter 7001.
**Subp. 5. Transfrontier requirements for persons who generate, transport, or store precious metals for recovery.**
The requirements of parts 7045.0322 and 7045.0556, subpart 3, item D, apply to precious metals exported to or imported from designated OECD member countries for recovery. The requirements of part 7045.0302 apply to precious metals exported to or imported from non-OECD countries for recovery.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 10 SR 1688; 16 SR 2102; 31 SR 1277*
##### **Minn. R. 7045.0680** [Repealed, 8 SR 2276] {#sec-7045.0680 omnilex-key=us-mn-regs-official--agency-167--7045.0680}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0685** Spent Lead-Acid Batteries Being Reclaimed {#sec-7045.0685 omnilex-key=us-mn-regs-official--agency-167--7045.0685}
**Subpart 1. Scope.**
The requirements of this part apply to persons who generate, transport, collect, store, or reclaim spent lead-acid batteries that are recyclable. Except as provided in subpart 2, persons who generate, transport, or collect spent batteries, or who store spent batteries but do not reclaim them, are not subject to regulation under parts 7045.0205 to 7045.0685 and chapter 7001 for the generation, transportation, and storage of spent batteries. Alternatively, spent lead-acid batteries may be managed as universal wastes under part 7045.1400. For the purpose of this part, indoor storage is storage within a permanently constructed building consisting of at least a roof and three walls permanently affixed to an impermeable floor placed on the ground.
**Subp. 2. Standards for storage of spent batteries.**
Storage of spent batteries by persons who do not reclaim them is subject to the following requirements:
A. Storage of batteries indoors shall be on an impermeable curbed surface and provisions shall be made to recontainerize leaking or broken batteries, with regular inspection to assure the integrity of the stored batteries.
B. Storage of spent batteries in a manner other than by indoor storage as defined in subpart 1 shall be subject to the following requirements:
**Subp. 3. Standards for owners or operators of facilities that store spent batteries before reclaiming them.**
The owners or operators of facilities that store batteries before reclaiming them are subject to regulation under parts 7045.0452 to 7045.0456; 7045.0460 to 7045.0470; 7045.0478 to 7045.0534; 7045.0544; 7045.0552 to 7045.0562; 7045.0566 to 7045.0578; 7045.0584 to 7045.0632; and the permitting requirements of chapter 7001 for hazardous waste storage facilities.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 10 SR 1688; 16 SR 2102; 30 SR 43*
##### **Minn. R. 7045.0686** Special Requirements for Management of Spent or Waste Household Batteries {#sec-7045.0686 omnilex-key=us-mn-regs-official--agency-167--7045.0686}
**Subpart 1. Scope.**
The requirements of this part apply to operators who collect, store, transport, or reclaim spent or waste household batteries as a part of a household battery management program.
A. "Household battery management program" means:
B. Operators who collect, transport, or store spent or waste household batteries which are sent for recycling but who do not reclaim them are subject to regulation under subparts 2 and 3, but are not otherwise subject to regulation under parts 7045.0205 to 7045.1390, and chapter 7001 for such collection, transportation, and storage.
C. Operators who collect, transport, or store spent or waste household batteries which are not recycled are subject to regulation under subpart 3 and part 7045.0310.
D. Operators who collect, transport, store, and also reclaim spent or waste household batteries are subject to regulation under subparts 2 to 4.
**Subp. 2. Notification.**
An operator who intends to establish or operate all or part of a household battery management program shall ensure that the information required in items A to K is submitted to the commissioner at least 30 days before initiating the household battery management program. If household batteries are speculatively accumulated as defined in part 7045.0020, a permit is required under chapter 7001 instead of this notification.
The notification shall provide a complete description of the program including, as applicable:
A. the name, address, and telephone number of the operators establishing the program;
B. the location of all household battery collection sites;
C. the duration and operating hours of the program;
D. the intended program service area;
E. the manner in which household batteries will be collected, stored, and disposed of or recycled;
F. the amount of time the operator intends to store household batteries at individual collection sites;
G. a description of the containers used to collect and store household batteries;
H. the name and address of all facilities which will dispose of or recycle the household batteries;
I. a description of how the operator will manage cracked or leaking household batteries;
J. a description of how the operator will clean up spills resulting from leaking household batteries; and
K. any other information necessary to describe all aspects of the program. Operators who submit a notification and subsequently change any aspect of the program as described in the notification must submit, within 30 days of making the change, an amended notification to the commissioner fully describing the program changes.
**Subp. 3. Standards for storage.**
Spent or waste household batteries must be stored according to items A to C.
A. Storage of spent or waste household batteries shall be in vented, corrosion resistant containers.
B. Storage of containers of spent or waste household batteries shall be subject to the requirements of part 7045.0526, subparts 2 to 6 and 9.
C. If the storage of spent or waste batteries meets the criteria of speculative accumulation as defined in part 7045.0020, the storage is also subject to the following requirements: parts 7045.0452 to 7045.0456; 7045.0460 to 7045.0470; 7045.0478 to 7045.0534; 7045.0544; 7045.0552 to 7045.0562; 7045.0566 to 7045.0578; 7045.0584 to 7045.0632; and the permitting requirements of chapter 7001 for hazardous waste storage facilities.
**Subp. 4. Standards for operators of facilities that store spent or waste household batteries before reclaiming.**
The operators of facilities that store batteries before reclaiming them are subject to regulation under parts 7045.0452 to 7045.0456; 7045.0460 to 7045.0470; 7045.0478 to 7045.0534; 7045.0544; 7045.0552 to 7045.0562; 7045.0566 to 7045.0578; 7045.0584 to 7045.0632; and the permitting requirements of chapter 7001 for hazardous waste storage facilities.
**History**
- *Statutory Authority: MS s 14.07; 116.07*
- *History: 15 SR 1877; 33 SR 2042*
##### **Minn. R. 7045.0690** [Repealed, 8 SR 2276] {#sec-7045.0690 omnilex-key=us-mn-regs-official--agency-167--7045.0690}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0692** Hazardous Waste Burned for Energy Recovery {#sec-7045.0692 omnilex-key=us-mn-regs-official--agency-167--7045.0692}
**Subpart 1. Scope.**
This part applies to hazardous wastes that are burned for energy recovery in a boiler or industrial furnace that is not regulated by the thermal treatment standards in part 7045.0542 or 7045.0640, except:
A. Gaseous emissions recovered from hazardous waste management activities when the gas is burned for energy recovery.
B. Used oil that exhibits a characteristic of hazardous waste as identified in part 7045.0131, provided that it has not been intentionally mixed with a characteristic hazardous waste, and is regulated as a used oil fuel in parts 7045.0790 to 7045.0990.
C. Hazardous wastes that are exempt from regulation under part 7045.0125, subparts 3a and 4, items D to J.
D. Mixtures of used oil and waste that is hazardous solely for the characteristic of ignitability in part 7045.0131, subpart 2, provided the waste is generated by a person who in a calendar month generates no more than 100 kilograms of hazardous waste. This mixture is regulated as provided in part 7045.0800. If the waste is generated by a person who in a calendar month generates more than 100 kilograms of hazardous waste, part 7045.0800 applies.
E. Used oil being burned for energy recovery as regulated in parts 7045.0790 to 7045.0990.
**Subp. 2. Prohibitions.**
A. A person may market hazardous waste fuel only:
B. Hazardous waste fuel may be burned for energy recovery only in industrial furnaces as defined in part 7045.0020, or boilers as defined in part 7045.0020, or as provided in part 7045.0075, subpart 4, that meet one of the following criteria:
C. Hazardous waste or a fuel that contains a hazardous waste may not be burned in a cement kiln unless the kiln fully complies with the thermal treatment standards of part 7045.0542.
**Subp. 3. Standards applicable to generators of hazardous waste fuel.**
Generators of hazardous waste that is used as a fuel or used to produce a fuel are subject to parts 7045.0205 to 7045.0325. Generators who market hazardous waste fuel to a burner are also subject to subpart 5. Generators who are burners are also subject to subpart 6.
**Subp. 4. Standards applicable to transporters of hazardous waste fuel.**
Transporters of hazardous waste fuel and hazardous waste that is used to produce a fuel are subject to parts 7045.0351 to 7045.0397.
**Subp. 5. Standards applicable to marketers of hazardous waste fuel.**
Marketers are subject to the requirements in items A to F.
A. A marketer of hazardous waste that is used as a fuel or used to produce a fuel must notify the Environmental Protection Agency to identify hazardous waste fuel activities. Even if a marketer has previously notified the Environmental Protection Agency of hazardous waste management activities other than hazardous waste fuel activities, a marketer must renotify specifically to identify hazardous waste fuel activities.
B. A marketer must comply with the prohibitions in subpart 2, item A.
C. If a marketer is a generator, or becomes a generator by initiating a shipment of hazardous waste fuel, the marketer must comply with parts 7045.0205 to 7045.0320. If the marketer operates a facility, the marketer must comply with parts 7045.0450 to 7045.0551. If the marketer is operating a facility under interim status, the marketer must comply with parts 7045.0552 to 7045.0649. If the marketer stores hazardous waste, the marketer must comply with the agency's permitting procedures in chapter 7001 for storage of hazardous waste.
D. Before a marketer initiates the first shipment of hazardous waste fuel to a burner or another marketer, a one-time written and signed notice from the burner or marketer must be obtained certifying that:
E. Before a marketer accepts the first shipment of hazardous waste fuel from another marketer, the receiving marketer must provide the other marketer with a one-time written and signed notice certifying that the receiving marketer has notified the Environmental Protection Agency and identified the receiving marketer's hazardous waste fuel activities.
F. In addition to the applicable record keeping requirements of parts 7045.0205 to 7045.0320, 7045.0450 to 7045.0551, and 7045.0552 to 7045.0649, a marketer must keep a copy of each certification notice received or sent for three years from the date the marketer last engaged in a hazardous waste fuel marketing transaction with the person who sent or received the certification notice.
**Subp. 6. Standards applicable to burners of hazardous waste fuel.**
Owners and operators of industrial furnaces and boilers identified in subpart 2, item B, that burn hazardous fuel are subject to the requirements in items A to F.
A. A burner must notify the Environmental Protection Agency of hazardous waste fuel activities and obtain an identification number. Even if a burner has previously notified the Environmental Protection Agency of the burner's hazardous waste management activities and obtained an identification number, the burner must renotify the Environmental Protection Agency to identify the burner's hazardous waste fuel activities.
B. Before a burner accepts the first shipment of hazardous waste fuel from a marketer, the burner must provide the marketer with a one-time written and signed notice certifying that:
C. In addition to the applicable record keeping requirements of parts 7045.0478 to 7045.0482 and 7045.0584 to 7045.0588, a burner must keep a copy of each certification notice that the burner sends to a marketer for three years from the date the burner last receives hazardous waste fuel from that marketer.
D. Generators who accumulate hazardous waste fuel before burning on site within the accumulation time period allowed in part 7045.0292 must comply with that part. Small quantity generators who accumulate hazardous waste fuel before burning on site within the accumulation time period allowed in part 7045.0292 must comply with that part. Burning by the generator of a hazardous waste that is a sludge or is or contains a waste listed in part 7045.0135 for reasons other than ignitability or is or contains a waste that is lethal under part 7045.0131, subpart 6, is subject to the additional requirements of item E, subitem (2).
E. Generators who accumulate waste for longer than the time periods in item D, and burners who receive waste from off-site and store it, must comply with the following requirements:
F. A burner must abide by Minnesota and federal air quality regulations, including obtaining a permit if necessary. Compliance with this part does not release a burner from any obligation to comply with local air quality ordinances or codes.
**History**
- *Statutory Authority: MS s 14.07; 115.03; 116.07*
- *History: 14 SR 1718; 16 SR 2102; 20 SR 715; 22 SR 5; 31 SR 1277; 33 SR 2042*
##### **Minn. R. 7045.0695** [Repealed, 20 SR 715] {#sec-7045.0695 omnilex-key=us-mn-regs-official--agency-167--7045.0695}
[Repealed, 20 SR 715]
##### **Minn. R. 7045.0700** [Repealed, 8 SR 2276] {#sec-7045.0700 omnilex-key=us-mn-regs-official--agency-167--7045.0700}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0710** [Repealed, 8 SR 2276] {#sec-7045.0710 omnilex-key=us-mn-regs-official--agency-167--7045.0710}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0720** [Repealed, 8 SR 2276] {#sec-7045.0720 omnilex-key=us-mn-regs-official--agency-167--7045.0720}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0730** [Repealed, 8 SR 2276; 9 SR 115] {#sec-7045.0730 omnilex-key=us-mn-regs-official--agency-167--7045.0730}
[Repealed, 8 SR 2276; 9 SR 115]
##### **Minn. R. 7045.0750** [Repealed, 8 SR 2276] {#sec-7045.0750 omnilex-key=us-mn-regs-official--agency-167--7045.0750}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0760** [Repealed, 8 SR 2276] {#sec-7045.0760 omnilex-key=us-mn-regs-official--agency-167--7045.0760}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0770** [Repealed, 8 SR 2276] {#sec-7045.0770 omnilex-key=us-mn-regs-official--agency-167--7045.0770}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0780** [Repealed, 8 SR 2276] {#sec-7045.0780 omnilex-key=us-mn-regs-official--agency-167--7045.0780}
[Repealed, 8 SR 2276]
##### **Minn. R. 7045.0790** Definitions {#sec-7045.0790 omnilex-key=us-mn-regs-official--agency-167--7045.0790}
**Subpart 1. Scope.**
The following terms used in parts 7045.0790 to 7045.0990 have the meanings given them in this part. Terms defined in part 7045.0020 have the same meanings when used in parts 7045.0790 to 7045.0990. The terms "used oil" and "used oil filters" are defined in part 7045.0020.
**Subp. 2. Aboveground tank.**
"Aboveground tank" means a tank used to store or process used oil that is not an underground storage tank as defined in Code of Federal Regulations, title 40, section 280.12, as amended.
**Subp. 3. Container.**
"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
**Subp. 4. Do-it-yourselfer used oil.**
"Do-it-yourselfer used oil" means used oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles, machinery, or equipment.
**Subp. 5. Do-it-yourselfer used oil collection center.**
"Do-it-yourselfer used oil collection center" means any site or facility that accepts or aggregates, or both, and stores used oil collected only from do-it-yourselfer used oil generators.
**Subp. 6. Do-it-yourselfer used oil generator.**
"Do-it-yourselfer used oil generator" means an individual who generates do-it-yourselfer used oil.
**Subp. 7. Existing tank.**
"Existing tank" means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to October 2, 1995. Installation is considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin installation of the tank and if either a continuous on-site installation program has begun, or the owner or operator has entered into binding contractual obligations for installation of the tank to be completed within a reasonable time.
**Subp. 8. New tank.**
"New tank" means a tank that will be used to store or process used oil and for which installation has commenced after October 2, 1995.
**Subp. 9. Petroleum refining facility.**
"Petroleum refining facility" means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants through fractionation and straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking, or other processes. Only facilities classified as Standard Industrial Code 2911 are petroleum refining facilities. Rerefineries are not considered petroleum refining facilities.
**Subp. 10. Processing.**
"Processing" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specifications, filtration, simple distillation, chemical or physical separation, and rerefining.
**Subp. 11. Rerefining distillation bottoms.**
"Rerefining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of used oil bottoms varies with column operation and feedstock.
**Subp. 12. Tank.**
"Tank" means any stationary device, designed to contain used oil, which is constructed primarily of nonearthen materials and which provides structural support.
**Subp. 13. Used oil aggregation point.**
"Used oil aggregation point" means any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept do-it-yourselfer used oil.
**Subp. 14. Used oil burner.**
"Used oil burner" means a facility where used oil not meeting the used oil fuel specifications of part 7045.0840 is burned for energy recovery in devices identified in part 7045.0885.
**Subp. 15. Used oil collection center.**
"Used oil collection center" means any site or facility that accepts or aggregates, or both, and stores used oil collected from do-it-yourselfer used oil generators and/or used oil generators regulated under part 7045.0855 who bring used oil to the used oil collection center in shipments of no more than 55 gallons under the provisions of part 7045.0855.
**Subp. 16. Used oil fuel marketer.**
"Used oil fuel marketer" means any person who directs a shipment of off-specification used oil to a used oil burner, or who first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications in part 7045.0840.
**Subp. 17. Used oil generator.**
"Used oil generator" means any person, by site, whose act or process produces used oil or other waste contaminated with used oil or whose act first causes used oil or other waste contaminated with used oil to become subject to regulation.
**Subp. 18. Used oil processor/rerefiner.**
"Used oil processor/rerefiner" means a facility that processes used oil.
**Subp. 19. Used oil transfer facility.**
"Used oil transfer facility" means any transportation-related facility, including loading docks, parking areas, storage areas, or other areas, where shipments of used oil are held for more than 24 hours, but not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to part 7045.0855, subpart 7, item B.
**Subp. 20. Used oil transporter.**
"Used oil transporter" means any person who transports used oil, any person who collects used oil from more than one used oil generator and transports the collected oil, and owners and operators of used oil transfer facilities.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715; 22 SR 5*
##### **Minn. R. 7045.0795** Applicability {#sec-7045.0795 omnilex-key=us-mn-regs-official--agency-167--7045.0795}
Parts 7045.0790 to 7045.0990 identify those materials that are and are not subject to regulation as used oil under parts 7045.0790 to 7045.0990. For reporting purposes, the waste number for used oil that is not intended for recycling or that is managed as hazardous waste is the appropriate hazardous waste number for any waste listed in part 7045.0135 contained in the used oil, the appropriate hazardous waste number for any hazardous waste characteristic of part 7045.0131 the used oil displays, or, if no other waste numbers are applicable, MN04. Parts 7045.0790 to 7045.0990 also identify parties who are subject to the requirements of parts 7045.0790 to 7045.0990 for the used oil activities they perform, and the requirements they must follow.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715*
##### **Minn. R. 7045.0800** Mixtures of Used Oil and Hazardous Waste {#sec-7045.0800 omnilex-key=us-mn-regs-official--agency-167--7045.0800}
**Subpart 1. Generally.**
Hazardous waste that is to be mixed with used oil is subject to this chapter until it is mixed with used oil. Hazardous wastes that are mixed with used oil are included in the determination of generator size under part 7045.0206 and generator fees under this chapter. After mixing has occurred, the mixture is regulated as specified in this part.
**Subp. 2. Listed waste.**
Mixtures of used oil and hazardous waste that is listed in part 7045.0135 are regulated as the listed waste or wastes that are contained in the mixture, except as specified in subpart 4.
**Subp. 3. Rebuttable presumption of mixing.**
Except as provided in items A to C, used oil containing more than 1,000 ppm total halogens is presumed to have been mixed with a halogenated hazardous waste listed in part 7045.0135, and thus is subject to regulation as a listed hazardous waste. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste. Demonstration must either involve applying knowledge of the source of halogens or the use of an analytical method from Environmental Protection Agency document SW-846, as incorporated by reference in part 7045.0065, item D, to show that the used oil does not contain greater than 100 ppm of any individual halogenated hazardous constituent listed in part 7045.0139.
A. Metalworking oils and fluids containing chlorinated paraffins processed through a tolling arrangement described in part 7045.0855, subpart 4, item B, are not presumed to be mixed with halogenated hazardous waste listed in part 7045.0135.
B. Used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs present in the used oil are destined for reclamation are not presumed to be mixed with halogenated hazardous waste listed in part 7045.0135. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
C. Used oil contaminated with household waste exempt from regulation as hazardous waste by part 7045.0120, subpart 1, item A, is regulated as used oil under parts 7045.0790 to 7045.0990. The source of contaminants in the used oil must be shown to be from a household source for the used oil to qualify for this exemption.
**Subp. 4. Characteristic waste.**
Mixtures of used oil and hazardous waste that solely exhibits one or more of the hazardous waste characteristics identified in part 7045.0131 and mixtures of used oil and hazardous waste that is listed in part 7045.0135 solely because it exhibits one or more of the characteristics of hazardous waste identified in part 7045.0131 are subject to:
A. except as provided in items B and C, regulation as hazardous waste under this chapter, rather than as used oil under parts 7045.0790 to 7045.0990;
B. except as provided in item C, regulation as used oil under parts 7045.0790 to 7045.0990 and regulation under the land disposal restrictions of part 7045.1390, if the resultant mixture does not exhibit any characteristic of hazardous waste identified in part 7045.0131; or
C. regulation as used oil under parts 7045.0790 to 7045.0990 if the following conditions are met:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0805** Waste Containing or Contaminated with Used Oil {#sec-7045.0805 omnilex-key=us-mn-regs-official--agency-167--7045.0805}
A. Waste contaminated with used oil that is destined for disposal is subject to evaluation under parts 7045.0102 to 7045.0155 to determine if it is hazardous waste, and the appropriate solid or hazardous waste management standards based on the results of the evaluation, unless the waste is:
B. Waste contaminated with used oil must be free of all visible signs of free-flowing oil before leaving the generator's site.
C. Used oil drained or removed from waste contaminated with used oil is subject to regulation as used oil under parts 7045.0790 to 7045.0990.
D. Generators of waste contaminated with used oil that is recycled according to this part are subject to part 7045.0855, subparts 2 and 4, and if burning waste on-site, subpart 3.
E. This part does not apply to used oil filters recycled under the scrap metal exemption of part 7045.0125, subpart 4, item C, and the requirements of part 7045.0990.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715; 33 SR 2042*
##### **Minn. R. 7045.0810** Mixtures of Used Oil with Fuel Products and Reuse of Used Oil {#sec-7045.0810 omnilex-key=us-mn-regs-official--agency-167--7045.0810}
A. Except as provided in items B and C, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under parts 7045.0790 to 7045.0990.
B. Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator's own vehicles are not subject to regulation as used oil under parts 7045.0790 to 7045.0990 once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is subject to the requirements of part 7045.0855.
C. Persons intending to use used oil or materials contaminated with used oil either as an ingredient in a product or as a product used in a dissimilar manner from the original intended use of the oil must submit information to the commissioner:
D. Used oil that is reused for its original intended purpose or a similar purpose without first being processed is not subject to regulation under this chapter.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715*
##### **Minn. R. 7045.0815** Materials Derived from Used Oil {#sec-7045.0815 omnilex-key=us-mn-regs-official--agency-167--7045.0815}
A. Materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal, for example, rerefined lubricants, are considered to be a product and are:
B. Materials produced from used oil that are burned for energy recovery (used oil fuels) are subject to regulation as used oil under parts 7045.0790 to 7045.0990, unless the materials meet the fuel specifications of part 7045.0840.
C. Materials derived from used oil that are disposed of or used in a manner constituting disposal are:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715*
##### **Minn. R. 7045.0820** Wastewater {#sec-7045.0820 omnilex-key=us-mn-regs-official--agency-167--7045.0820}
Wastewater, the discharge of which is subject to regulation under either section 307(b) or 402 of the Clean Water Act, including wastewaters at facilities which have eliminated the discharge of wastewaters, contaminated with de minimis quantities of used oil are not subject to the requirements of parts 7045.0790 to 7045.0990. For purposes of this part, "de minimis quantities of used oil" means unintentional, unavoidable small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations or small amounts of used oil lost to the wastewater treatment systems during washing or draining operations. This exception does not apply if the used oil is discarded intentionally or as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases, or to used oil recovered from wastewaters. Wastewater from which used oil has been removed to the extent possible is not subject to the requirements of parts 7045.0790 to 7045.0990.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715*
##### **Minn. R. 7045.0825** Used Oil Introduced Into Crude Oil Pipelines or a Petroleum Refining Facility {#sec-7045.0825 omnilex-key=us-mn-regs-official--agency-167--7045.0825}
A. Used oil mixed with crude oil or natural gas liquids (for example, in a production separator or crude oil stock tank) for insertion into a crude oil pipeline is exempt from the requirements of parts 7045.0790 to 7045.0990. The used oil is subject to the requirements of parts 7045.0790 to 7045.0990 prior to the mixing of used oil with crude oil or natural gas liquids.
B. Mixtures of used oil and crude oil or natural gas liquids containing less than one percent used oil that are being stored or transported to a crude oil pipeline or petroleum refining facility for insertion into the refining process at a point prior to crude distillation or catalytic cracking are exempt from the requirements of parts 7045.0790 to 7045.0990.
C. Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic cracking without prior mixing with crude oil is exempt from the requirements of parts 7045.0790 to 7045.0990, provided that the used oil constitutes less than one percent of the crude oil feed to any petroleum refining facility process unit at any given time. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of parts 7045.0790 to 7045.0990.
D. Except as provided in item E, used oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking is exempt from the requirements of parts 7045.0790 to 7045.0990 only if the used oil meets the specifications of part 7045.0840. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of parts 7045.0790 to 7045.0990.
E. Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility process is exempt from the requirements of parts 7045.0790 to 7045.0990. This exemption does not extend to used oil which is intentionally introduced into a hydrocarbon recovery system, for example, by pouring collected used oil into the wastewater treatment system.
F. Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil, or natural gas liquids, are exempt from parts 7045.0790 to 7045.0990.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715*
##### **Minn. R. 7045.0830** Used Oil on Vessels {#sec-7045.0830 omnilex-key=us-mn-regs-official--agency-167--7045.0830}
Used oil generated on vessels from normal shipboard operations is not subject to parts 7045.0790 to 7045.0990 until it is transported ashore.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715*
##### **Minn. R. 7045.0835** Used Oil Containing Pcbs {#sec-7045.0835 omnilex-key=us-mn-regs-official--agency-167--7045.0835}
A. In addition to the requirements of parts 7045.0790 to 7045.0990, marketers and burners of used oil who market used oil containing at least two ppm PCBs are subject to the requirements of Code of Federal Regulations, title 40, section 761.20(e), as amended.
B. Used oil containing at least 50 ppm PCBs is subject to the requirements of part 7045.0135, subpart 5.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715*
##### **Minn. R. 7045.0840** Used Oil Specifications {#sec-7045.0840 omnilex-key=us-mn-regs-official--agency-167--7045.0840}
A. Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under parts 7045.0790 to 7045.0990 unless it is shown not to exceed any of the allowable levels in item B. Once used oil that is to be burned for energy recovery has been shown not to exceed any of the specifications in item B and the person making that showing complies with part 7045.0895, subparts 4, 5, and 6, item B, the used oil is considered on-specification used oil and is no longer subject to the burning requirements of parts 7045.0790 to 7045.0990. Used oil to be burned as on-specification used oil must be shown to meet the specifications of item B at least once per source. Additional evaluation is not required unless the source of the used oil changes in some manner that may cause used oil from that source to exceed the specifications of item B.
B. Used oil to be burned for energy recovery is considered on-specification if it does not exceed any of the following allowable levels:
C. Persons who burn used oil that contains PCBs must comply with the requirements of Code of Federal Regulations, title 40, section 761.20(e), as amended.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715*
##### **Minn. R. 7045.0845** Prohibitions on Disposal of Used Oil {#sec-7045.0845 omnilex-key=us-mn-regs-official--agency-167--7045.0845}
**Subpart 1. Land disposal and land application prohibition.**
No person shall place used oil in solid waste, apply used oil as a dust suppressant or for road treatment, or otherwise place used oil in or on the land or waters of the state, including wastewater and stormwater collection systems, except as provided in part 7045.0820 or unless approved by the commissioner.
**Subp. 2. Burning limitations.**
Persons shall burn off-specification used oil fuel in only the following devices:
A. industrial furnaces identified in part 7045.0020, subpart 43b;
B. boilers, as defined in part 7045.0020, subpart 6a, items C and D, or used oil-fired burning units provided the burner meets the requirements of part 7045.0855, subpart 3;
C. hazardous waste incinerators subject to regulation under parts 7045.0542 and 7045.0640; or
D. marine and diesel engines.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715*
##### **Minn. R. 7045.0850** [Repealed, 9 SR 115] {#sec-7045.0850 omnilex-key=us-mn-regs-official--agency-167--7045.0850}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0855** Standards for Used Oil Generators {#sec-7045.0855 omnilex-key=us-mn-regs-official--agency-167--7045.0855}
**Subpart 1. Applicability.**
Except as provided in items A to C, this part applies to all used oil generators, owners and operators of do-it-yourselfer used oil collection centers, owners and operators of used oil collection centers, and owners and operators of used oil aggregation points. All of these parties may accept do-it-yourselfer used oil.
A. Do-it-yourselfer used oil generators are not subject to parts 7045.0790 to 7045.0990.
B. Vessels at sea or at port are not subject to this part. For purposes of this part, used oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator of the vessel and the persons removing or accepting used oil from the vessel are cogenerators of the used oil and are both responsible for managing the waste in compliance with this part once the used oil is transported ashore. The cogenerators may decide among them which party will fulfill the requirements of this part.
C. Farmers who generate an average of no more than 25 gallons per month of used oil from vehicles or machinery used on the farm in a calendar year are not subject to the requirements of parts 7045.0790 to 7045.0990, except for parts 7045.0845, subpart 1, and 7045.0990, subpart 2.
**Subp. 2. Storage.**
A. Used oil generators shall comply with all applicable spill prevention, control, and countermeasures requirements of Code of Federal Regulations, title 40, part 112, as amended, in addition to the requirements of this part. Used oil generators shall also comply with the underground storage tank standards of chapter 7150 for used oil stored in underground tanks, whether or not the used oil exhibits any characteristic of hazardous waste, in addition to the requirements of this part.
B. Used oil generators who store used oil in aboveground tanks are subject to chapter 7151, in addition to the requirements of this part. Used oil generators who store at least 10,000 gallons of used oil at one time are subject to the requirements of Minnesota Statutes, chapter 115E, to prepare and maintain a discharge prevention and response plan, in addition to the requirements of this part. All used oil generators shall comply with the storage and use requirements of the Minnesota State Fire Code, chapter 7510, in addition to the requirements of this part.
C. Used oil generators shall not store used oil in units other than containers or tanks and must ensure that the following requirements for containers and tanks are met. Containers and tanks used to store used oil at generator sites must be in good condition and not leaking. Containers must be closed, except for containers that receive used oil directly from used oil filter crushing equipment or oil and water separation equipment. Containers must be placed on a surface that is reasonably impervious to used oil. Containers, aboveground tanks, and fill pipes of underground tanks used to store used oil at generator sites must be marked with the words "Used Oil."
D. Upon detection of a release of used oil to the environment not subject to the requirements of Code of Federal Regulations, title 40, part 280, subpart F, as amended, a generator must stop the release, contain the released used oil, clean up and manage properly the released used oil and other materials contaminated with used oil, and repair or replace any leaking used oil storage equipment prior to returning it to service to prevent future releases. A generator who discharges more than five gallons of used oil is subject to the notification requirements of Minnesota Statutes, section 115.061.
**Subp. 3. On-site burning in small burning units designed to burn used oil.**
Generators who store used oil in vessels directly connected to burning units shall comply with the Minnesota State Fire Code, chapter 7510. Generators may burn used oil in burning units designed to burn used oil provided that:
A. the unit burns used oil that the owner or operator generates, do-it-yourselfer used oil, used oil proven to be on-specification under part 7045.0840, or used oil aggregated at the site where the unit is located if the site is a used oil aggregation point;
B. the unit burns used oil for energy recovery;
C. the unit is designed to have a maximum capacity of not more than 0.5 million Btus per hour;
D. the combustion gases from the unit are vented to the out-of-doors; and
E. the unit and its operation comply with the Minnesota Fire Code.
**Subp. 4. Off-site shipments.**
Except as provided in items A and B, generators must ensure that their used oil is transported only by transporters who have obtained identification numbers.
A. Generators may, without notifying the EPA that they are transporting used oil, transport used oil that is generated at the generator's site; used oil generated at another site by the generator, such as used oil generated by contractors at other businesses from servicing equipment; and do-it-yourselfer used oil to a used oil collection center or a used oil aggregation point owned by the generator provided that the generator transports no more than 55 gallons of used oil at any time in a vehicle owned by the generator or owned by an employee of the generator.
B. Used oil generators may arrange for used oil to be transported by a transporter without an identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the processor/rerefiner to the generator for use as a lubricant, cutting oil, or coolant. The tolling arrangement contract must indicate the type of oil and the frequency of shipments, that the vehicle used to transport the used oil to the processing/rerefining facility and to deliver recycled used oil back to the generator is owned and operated by the used oil processor/rerefiner, and that the reclaimed oil will be returned to the generator.
C. Used oil generators must keep records, for example, receipts or a log, of every shipment of used oil leaving the generator site. Records for each shipment must include the quantity of used oil shipped, the date of the shipment, and the name and identification number of the transporter, if applicable. Used oil generators must maintain these records at the generator site or at the offices of the generator for sites that are not staffed by the generator for a minimum of three years from the date of shipment.
**Subp. 5. Hazardous waste mixing.**
A. Generators shall not mix hazardous waste with used oil, except as provided in part 7045.0800. The rebuttable presumption of part 7045.0800, subpart 3, applies to used oil managed by generators.
B. Generators that mix hazardous waste with used oil under part 7045.0800 must keep records for each act of mixing of the dates the mixing was performed, the amounts of used oil and hazardous waste mixed together, and the results of any analyses used to determine if the used oil is classified as hazardous waste under part 7045.0800. Hazardous waste mixed with used oil under part 7045.0800 is not exempt from the generator size determination requirements of part 7045.0206, subpart 5, item C.
**Subp. 6. Closure.**
A. Generators who store or process used oil in aboveground tanks must to the extent practical, at closure of the tank system, remove or decontaminate visible residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil and manage them as hazardous waste unless the materials are not hazardous waste under parts 7045.0102 to 7045.0155.
B. Owners and operators who store used oil in containers must, at closure, remove containers holding used oils or residues of used oil from the site. The owner or operator must remove or decontaminate used oil residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste unless the materials are not hazardous waste under parts 7045.0102 to 7045.0155.
**Subp. 7. Other applicable provisions.**
Used oil generators who conduct the following activities are subject to the requirements of other applicable provisions of parts 7045.0790 to 7045.0990 as indicated in items A to D.
A. Generators who transport used oil, except under subpart 4, item A, must also comply with part 7045.0865.
B. Except as provided in this item, generators who process or rerefine used oil must also comply with part 7045.0875. Generators or agents of generators who perform the following activities are not processors provided the used oil is generated on site: on-site filtering, cleaning, or otherwise reconditioning used oil before on site reuse by the generator; separating used oil from wastewater generated on site to make the wastewater acceptable for discharge or reuse pursuant to section 307(b) or 402 of the Clean Water Act or other applicable federal or state regulations governing the management or discharge of wastewaters; using oil mist collectors to remove small droplets of used oil from in-plant air to make plant air suitable for continued recirculation; draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove excessive oil to the extent possible pursuant to part 7045.0805; and filtering, separating, or otherwise reconditioning used oil before burning in accordance with subpart 3.
C. Generators who burn off-specification used oil for energy recovery, except under the on-site burner provisions of subpart 3 must also comply with part 7045.0885.
D. Generators who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that the used oil that is to be burned meets the used oil fuel specifications in part 7045.0840 must also comply with part 7045.0895.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715; 22 SR 5; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0860** [Repealed, 9 SR 115] {#sec-7045.0860 omnilex-key=us-mn-regs-official--agency-167--7045.0860}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0865** Standards for Used Oil Transporters and Transfer Facilities {#sec-7045.0865 omnilex-key=us-mn-regs-official--agency-167--7045.0865}
**Subpart 1. Applicability.**
Except as provided in this subpart, this part applies to all used oil transporters.
A. This part does not apply to on-site transportation of used oil.
B. This part does not apply to generators who transport shipments of used oil in accordance with part 7045.0855, subpart 4, item A.
C. This part does not apply to transportation of do-it-yourselfer used oil to a regulated used oil generator, collection center, aggregation point, processor/rerefiner, or burner subject to the requirements of parts 7045.0790 to 7045.0990. Except as provided in items A and B, this part does apply to transportation of collected do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or other facilities where do-it-yourselfer used oil is collected.
**Subp. 2. Imports and exports.**
Transporters who import used oil from abroad or export used oil outside of the United States are subject to the requirements of this part from the time the used oil enters and until the time it exits the United States.
**Subp. 3. Trucks used to transport hazardous waste.**
Unless trucks previously used to transport hazardous waste are emptied as described in part 7045.0127 prior to transporting used oil, the used oil is considered to have been mixed with a hazardous waste and the used oil transporter must manage the mixture as a hazardous waste unless, under the provisions of part 7045.0800, the mixture is determined not to be hazardous waste.
**Subp. 4. Restrictions on transporters who are not also processors or rerefiners.**
A. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in items B and C, used oil transporters must not process used oil unless they also comply with the requirements for processors/rerefiners in part 7045.0875.
B. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (for example, settling, particulate filtering, and water separation), but shall not conduct processing operations that are designed to produce or make used oil more amenable for the production of used oil-derived products.
C. Transporters may remove used oil from oil-bearing electrical transformers and turbines and filter the used oil at the site of generation or at a transfer facility prior to returning the used oil to its original use.
**Subp. 5. Notification.**
Used oil transporters who have not notified the United States Environmental Protection Agency that they are transporters of used oil must submit a completed EPA form 8700-12 to EPA indicating their used oil transportation activities.
**Subp. 6. Used oil transportation.**
A. A used oil transporter must deliver all used oil received to either another used oil transporter with an identification number, a used oil processor/rerefiner with an identification number, an off-specification used oil burner facility with an identification number, or an on-specification used oil burner facility.
B. Used oil transporters must comply with all applicable requirements under the United States Department of Transportation regulations in Code of Federal Regulations, title 49, parts 171 to 180, as amended. Persons transporting used oil that meets the definition of a hazardous material in Code of Federal Regulations, title 49, section 171.8, must comply with all applicable regulations in Code of Federal Regulations, title 49, parts 171 to 180, as amended.
**Subp. 7. Used oil discharges.**
A. Transporters who transport more than 10,000 gallons of used oil per month are subject to the requirements of Minnesota Statutes, chapter 115E, for preparedness to respond to discharges.
B. In the event of a discharge of used oil during transportation, the transporter must take appropriate immediate action to protect human health and the environment (for example, notify local authorities, dike the discharge area). Used oil transporters are subject to the requirements of Minnesota Statutes, section 115.061, and chapter 115E. In the event of a discharge of more than five gallons of used oil during transportation, the transporter must report the discharge to the state duty officer at (651) 649-5451 or (800) 422-0798.
C. If a discharge of used oil occurs during transportation and a government official acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters who do not have identification numbers.
D. An air, rail, highway, or water transporter who has discharged used oil must give notice, if required by Code of Federal Regulations, title 49, section 171.15, as amended, to the National Response Center (800) 424-8802, and report in writing as required by Code of Federal Regulations, title 49, section 171.16, as amended, to the Information Systems Manager, PHH-63, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Washington, D.C. 20590-0001, or submit an electronic hazardous materials incident report to the Information Systems Manager, DHM-63, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Washington, D.C. 20590-0001 at http://hazmat.dot.gov.
E. A water transporter who has discharged used oil must give notice as required by Code of Federal Regulations, title 33, section 153.203, as amended.
F. A transporter must clean any used oil discharge that occurs during transportation or take such actions as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.
**Subp. 8. Rebuttable presumption for used oil.**
A. To ensure that used oil is not a hazardous waste under the rebuttable presumption of part 7045.0800, subpart 3, the used oil transporter must determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below 1,000 ppm, unless the used oil is exempt from the rebuttable presumption by part 7045.0800, subpart 3, items A and B.
B. The transporter must make this determination by testing the used oil, or by applying knowledge of the halogen content of the used oil in light of the materials or processes used in generating the used oil.
C. If the used oil contains at least 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in part 7045.0135. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste as allowed for in part 7045.0800, subpart 3.
D. The transporter must maintain records of analyses conducted or information used to comply with items A to C for at least three years.
**Subp. 9. Used oil storage at transfer facilities.**
This subpart applies to used oil transfer facilities where used oil is stored for more than 24 hours and no more than 35 days. Transfer facilities where used oil is stored for more than 35 days are subject to regulation under part 7045.0875.
A. Used oil transporters shall comply with all applicable spill prevention, control, and countermeasures requirements of Code of Federal Regulations, title 40, part 112, as amended, in addition to the requirements of this part. Used oil transporters shall also comply with the underground storage tank standards of chapter 7150 for used oil stored in underground tanks, whether or not the used oil exhibits any characteristic of hazardous waste, in addition to the requirements of this part.
B. Used oil transporters who store used oil in aboveground tanks are subject to chapter 7151, in addition to the requirements of this part. Used oil transporters who store at least 10,000 gallons of used oil at one time are subject to the requirements of Minnesota Statutes, chapter 115E, to prepare and maintain a discharge prevention and response plan, in addition to the requirements of this part. All used oil transporters shall comply with the storage and use requirements of the Minnesota State Fire Code, chapter 7510, in addition to the requirements of this part.
C. Used oil transporters shall not store used oil in units other than containers or tanks and shall ensure that the following requirements for containers and tanks are met. Containers and tanks used to store used oil at transfer facilities must be in good condition, not leaking, and closed. Containers must be equipped with a secondary containment system consisting of dikes, berms, or retaining walls and a floor that covers the entire area within the dikes, berms, or retaining walls, or an equivalent secondary containment system. The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water. Containers, aboveground tanks, and fill pipes of underground tanks used to store used oil at transfer facilities must be marked with the words "Used Oil." Aboveground tanks used to store used oil at transfer facilities may also be subject to the secondary containment requirements and other requirements in chapter 7151.
D. Upon detection of a release of used oil to the environment not subject to the requirements of Code of Federal Regulations, title 40, part 280, subpart F, as amended, a transporter must stop the release, contain the released used oil, clean up, and manage properly the released used oil and other materials contaminated with used oil, and repair or replace any leaking used oil storage equipment prior to returning it to service to prevent future releases. A transporter who discharges more than five gallons of used oil is subject to the notification requirements of Minnesota Statutes, section 115.061.
**Subp. 10. Tracking.**
Used oil transporters must maintain the records listed in this subpart for at least three years. Upon request of the commissioner, the transporter must supply information regarding the amount of used oil collected in the previous calendar year.
A. Used oil transporters must keep a record of each used oil shipment accepted for transport. Records for each shipment must include: the name, address, and identification number of the generator, transporter, or processor/rerefiner who provided the used oil for transport; the quantity of used oil accepted; the date of acceptance; and, except for intermediate rail transporters, the signature, dated upon receipt of the used oil, of a representative of the generator, transporter, or processor/rerefiner who provided the used oil for transport.
B. Used oil transporters must keep a record of each shipment of used oil that is delivered to another used oil transporter, or to a used oil burner, processor/rerefiner. Records of each delivery must include: the name and address of the receiving facility or transporter; the identification number of the receiving facility or transporter; the quantity of used oil delivered; the date of delivery; and, except for intermediate rail transporters, the signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter.
C. Used oil transporters must maintain the records described in item B for each shipment of used oil to any foreign country.
**Subp. 11. Receipts.**
Used oil transporters must provide receipts to all parties from which they accept used oil. The receipts must clearly indicate the name, address, and identification number of the transporter, the date of acceptance, and the quantity of used oil accepted.
**Subp. 12. Management of residues.**
Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in part 7045.0815.
**Subp. 13. Closure.**
A. Owners and operators who store or process used oil in aboveground tanks must, at closure of the tank system, remove or decontaminate residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil and manage them as hazardous waste unless the materials are not hazardous waste under parts 7045.0102 to 7045.0155. If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in this item, then the owner or operator must close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements of part 7045.0638, subpart 4, that apply to hazardous waste landfills.
B. Owners and operators who store used oil in containers must, at closure, remove containers holding used oils or residues of used oil from the site. The owner or operator must remove or decontaminate used oil residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste unless the materials are not hazardous waste under parts 7045.0102 to 7045.0155.
**Subp. 14. Other applicable provisions.**
Used oil transporters who conduct the following activities are also subject to other applicable provisions of this part as indicated in items A to D.
A. Transporters who generate used oil must also comply with part 7045.0855.
B. Transporters who process or rerefine used oil, except as provided in subpart 4, must also comply with part 7045.0875.
C. Transporters who burn off-specification used oil for energy recovery must also comply with part 7045.0885.
D. Transporters who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that the used oil that is to be burned meets the used oil fuel specifications in part 7045.0840 must also comply with part 7045.0895.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715; 22 SR 5; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0870** [Repealed, 9 SR 115] {#sec-7045.0870 omnilex-key=us-mn-regs-official--agency-167--7045.0870}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0875** Standards for Used Oil Processors and Rerefiners {#sec-7045.0875 omnilex-key=us-mn-regs-official--agency-167--7045.0875}
**Subpart 1. Applicability.**
The requirements of this part apply to owners and operators of facilities that process used oil. The requirements of this part do not apply to:
A. transporters that conduct incidental processing operations that occur during the normal course of transportation as provided in part 7045.0865, subpart 4; and
B. burners that conduct incidental processing operations that occur during the normal course of used oil management prior to burning as provided in part 7045.0885, subpart 3.
**Subp. 2. Notification.**
Used oil processors/rerefiners who have not notified the EPA that they are processors/rerefiners of used oil must submit a completed EPA form 8700-12 to EPA indicating their used oil processing/rerefining activities.
**Subp. 3. Preparedness and prevention.**
Owners and operators of used oil processing and rerefining facilities must comply with the requirements in this subpart:
A. Facilities must be maintained and operated by the owner or operator to minimize the possibility of a fire, explosion, or an unplanned release of used oil to air, soil, or surface water which could threaten human health or the environment.
B. Owners and operators must ensure that facilities are equipped with the following equipment, unless none of the hazards posed by used oil handled at the facility could require a particular kind of equipment specified in this item:
C. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained by the owner or operator as necessary to ensure their proper operation in time of emergency.
D. Whenever used oil is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required in item B. If there is ever only one employee on the premises while the facility is operating, the employee must have immediate access to a device, such as a telephone immediately available at the scene of operation or a hand held two-way radio, capable of summoning external emergency assistance, unless such a device is not required in item B.
E. The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
F. The owner or operator must attempt to make the arrangements described in this item, as appropriate for the type of used oil handled at the facility and the potential need for the services of these organizations.
G. Owners and operators of used oil processing and rerefining facilities must comply with the requirements described in this item.
**Subp. 4. Rebuttable presumption for used oil.**
A. To ensure that used oil managed at a used oil processing/rerefining facility is not a hazardous waste under the rebuttable presumption of part 7045.0800, subpart 3, the used oil processor/rerefiner must determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm, unless the used oil is exempt from the rebuttable presumption by part 7045.0800, subpart 3, items A and B.
B. The used oil processor/rerefiner must make this determination by testing the used oil, or by applying knowledge of the halogen content of the used oil in light of the materials or processes used in generating the used oil.
C. If the used oil contains at least 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in part 7045.0135. The used oil processor/rerefiner may rebut the presumption by demonstrating that the used oil does not contain hazardous waste as allowed for in part 7045.0800, subpart 3.
D. The used oil processor/rerefiner must maintain records of analyses conducted or information used to comply with items A to C for at least three years.
**Subp. 5. Used oil storage and management.**
A. Used oil processors/rerefiners shall comply with all applicable spill prevention, control, and countermeasures requirements of Code of Federal Regulations, title 40, part 112, as amended, in addition to the requirements of this part. Used oil processors/rerefiners shall also comply with the underground storage tank standards of chapter 7150 for used oil stored in underground tanks, whether or not the used oil exhibits any characteristic of hazardous waste, in addition to the requirements of this part.
B. Used oil processors/rerefiners who store used oil in aboveground tanks are subject to chapter 7151, in addition to the requirements of this part. Used oil processors/rerefiners who store at least 10,000 gallons of used oil at one time are subject to the requirements of Minnesota Statutes, chapter 115E, to prepare and maintain a discharge prevention and response plan, in addition to the requirements of this part. All used oil processors/rerefiners shall comply with the storage and use requirements of the Minnesota State Fire Code, chapter 7510, in addition to the requirements of this part.
C. Used oil processors/rerefiners shall not store used oil in units other than containers or tanks and shall ensure that the following requirements for containers and tanks are met. Containers and tanks used to store used oil at processing/rerefining facilities must be in good condition, not leaking, and closed. Containers must be equipped with a secondary containment system. The secondary containment system must consist of, at a minimum, dikes, berms, or retaining walls, and a floor which covers the entire area within the dike, berm, or retaining wall. An equivalent secondary containment system may be used for containers. The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water. Containers, aboveground tanks, and fill pipes of underground tanks used to store used oil at transfer facilities must be marked with the words "Used Oil." Aboveground tanks used to store used oil at transfer facilities may also be subject to the secondary containment requirements and other requirements in chapter 7151.
D. Upon detection of a release of used oil to the environment not subject to the requirements of Code of Federal Regulations, title 40, part 280, subpart F, as amended, a processor/rerefiner must stop the release, contain the released used oil, clean up and properly manage the released used oil and other materials contaminated with used oil, and repair or replace any leaking used oil storage equipment prior to returning it to service to prevent future releases. A processor/rerefiner who discharges more than five gallons of used oil is subject to the notification requirements of Minnesota Statutes, section 115.061.
E. Closure:
**Subp. 6. Analysis plan.**
Owners and operators of used oil processing and rerefining facilities must develop and follow a written analysis plan in accordance with items A and B describing the procedures that will be used to comply with the total halogen analysis requirements of subpart 4, and, if applicable, the fuel specification analysis requirements of part 7045.0895, subpart 4. The owner or operator must keep the plan at the facility.
A. The plan must specify whether sample analyses or knowledge of the halogen content of the used oil will be used to make the determination of the content and source of halogens in used oil. If sample analyses are used to make this determination, the sampling method used to obtain representative samples to be analyzed must be specified in the plan. A representative sample may be obtained using either one of the sampling methods in Code of Federal Regulations, title 40, part 261, Appendix I, as amended, or a method shown to be equivalent under part 7045.0075, subpart 1. The plan must specify the frequency of sampling to be performed, whether the analysis will be performed on-site or off-site, and the methods used to analyze used oil for parameters specified in subpart 4. The plan must also specify the type of information that will be used to determine the halogen content of the used oil.
B. The plan must specify whether sample analyses or other information will be used to make the determination of whether the used oil meets the used oil fuel specifications. If sample analyses are used to make this determination, the sampling method used to obtain representative samples to be analyzed must be specified in the plan. A representative sample may be obtained using either one of the sampling methods in Code of Federal Regulations, title 40, part 261, Appendix I, as amended, or a method shown to be equivalent under part 7045.0075, subpart 1. The plan must specify whether used oil will be sampled and analyzed prior to or after any processing/rerefining, the frequency of sampling to be performed, whether the analysis will be performed on-site or off-site, and the methods used to analyze used oil for parameters specified in part 7045.0895, subpart 4. The plan must also specify the type of information that will be used to determine the halogen content of the used oil.
**Subp. 7. Tracking.**
A. Used oil processors/rerefiners must keep a record of each used oil shipment accepted for processing/rerefining. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must include the following information:
B. Used oil processors/rerefiners must keep a record of each shipment of used oil that is shipped to a used oil burner or processor/rerefiner. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records of each shipment must include the following information:
C. Used oil processors/rerefiners must maintain the records described in items A and B for at least three years.
**Subp. 8. Operating record and reporting.**
A. The owner or operator must keep a written operating record at the facility. The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
B. A used oil processor/rerefiner must report to the commissioner, in the form of a letter, on a biennial basis (by March 1 of each even-numbered year), the following information concerning used oil activities during the previous calendar year:
**Subp. 9. Off-site shipments of used oil.**
Used oil processors/rerefiners who initiate shipments of used oil off-site must ship the used oil using a used oil transporter who has obtained an identification number.
**Subp. 10. Management of residues.**
Owners and operators who generate residues from the storage, processing, or rerefining of used oil must manage the residues as specified in part 7045.0815.
**Subp. 11. Other applicable provisions.**
Used oil processors/rerefiners who conduct the following activities are also subject to the requirements of other applicable provisions of parts 7045.0790 to 7045.0990 as follows:
A. processors/rerefiners who generate used oil must also comply with part 7045.0855;
B. processors/rerefiners who transport used oil must also comply with part 7045.0865;
C. except for used oil processors/rerefiners that burn used oil in an on-site burning unit that meets the requirements of part 7045.0855, subpart 3, or that burn used oil for purposes of processing used oil (which is considered burning incidentally to used oil processing), used oil processors/rerefiners who burn off-specification used oil for energy recovery must also comply with part 7045.0885; and
D. processors/rerefiners who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that the used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in part 7045.0840 must also comply with part 7045.0895.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715; 22 SR 5; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0880** [Repealed, 9 SR 115] {#sec-7045.0880 omnilex-key=us-mn-regs-official--agency-167--7045.0880}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0885** Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery {#sec-7045.0885 omnilex-key=us-mn-regs-official--agency-167--7045.0885}
**Subpart 1. Applicability.**
The requirements of this part apply to used oil burners, except persons or facilities burning used oil under the following conditions:
A. the used oil is burned by the generator in an on-site burning unit under the provisions of part 7045.0855, subpart 3;
B. the used oil is burned by a processor/rerefiner for purposes of processing used oil which is considered burning incidentally to used oil processing; or
C. the used oil meets the used oil fuel specifications of part 7045.0840, provided that the burner complies with the requirements of part 7045.0895.
**Subp. 2. Restrictions on burning.**
No person shall burn off-specification used oil fuel for energy recovery in other than the following devices:
A. industrial furnaces defined in part 7045.0020, subpart 43b;
B. boilers, as defined in part 7045.0020, subpart 6a;
C. used oil-fired burning units provided the unit meets the provisions of part 7045.0855, subpart 3;
D. hazardous waste incinerators subject to regulation under part 7045.0542 or 7045.0640; or
E. marine and diesel engines.
**Subp. 3. Restrictions on processing.**
Used oil burners may not process used oil unless they also comply with the requirements of this part, with the following exception. Used oil burners may aggregate off-specification used oil with virgin oil or on-specification used oil for purposes of burning, but must not aggregate for purposes of producing on-specification used oil.
**Subp. 4. Notification.**
Used oil burners who have not notified the United States Environmental Protection Agency that they are burners of used oil must submit a completed EPA form 8700-12 to EPA indicating their used oil burning activities.
**Subp. 5. Rebuttable presumption for used oil.**
A. To ensure that used oil managed at a used oil burning facility is not a hazardous waste under the rebuttable presumption of part 7045.0800, subpart 3, the used oil burner must determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm, unless the used oil is exempt from the rebuttable presumption by part 7045.0800, subpart 3, items A and B.
B. The burner must make this determination by testing the used oil, by applying knowledge of the halogen content of the used oil in light of the materials or processes used in generating the used oil. If the used oil has been received from a processor/rerefiner subject to regulation under this part, by using information provided by the processor/rerefiner.
C. If the used oil contains at least 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in part 7045.0135. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste as allowed for in part 7045.0800, subpart 3.
D. Records of analyses conducted or information used to comply with items A to C must be maintained by the burner for at least three years.
**Subp. 6. Used oil storage.**
A. Applicability of federal storage regulations. Used oil burners must comply with all applicable spill prevention, control, and countermeasures requirements of Code of Federal Regulations, title 40, part 112, as amended, in addition to the requirements of this subpart. Used oil burners must comply with the underground storage tank standards of chapter 7150 for used oil stored in underground tanks, whether or not the used oil exhibits any characteristic of hazardous waste, in addition to the requirements of this part.
B. Used oil burners who store used oil in aboveground tanks are subject to chapter 7151, in addition to the requirements of this subpart. Used oil burners who store at least 10,000 gallons of used oil at one time are subject to the requirements of Minnesota Statutes, chapter 115E, to prepare and maintain a discharge prevention and response plan, in addition to the requirements of this part. All used oil burners shall comply with the storage and use requirements of the Minnesota State Fire Code, chapter 7510, in addition to the requirements of this part.
C. Used oil burners shall not store used oil in units other than containers or tanks and must ensure that the following requirements for containers and tanks are met. Containers and tanks used to store used oil at burning facilities must be in good condition, not leaking, and closed. Containers must be equipped with a secondary containment system. The secondary containment system must consist of, at a minimum, dikes, berms, or retaining walls, and a floor which covers the entire area within the dike, berm, or retaining wall. An equivalent secondary containment system may be used for containers. The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water. Containers, aboveground tanks, and fill pipes of underground tanks used to store used oil at transfer facilities must be marked with the words "Used Oil." Aboveground tanks used to store used oil at burning facilities may also be subject to the secondary containment requirements and other requirements in chapter 7151.
D. Upon detection of a release of used oil to the environment not subject to the requirements of Code of Federal Regulations, title 40, part 280, subpart F, as amended, a burner must stop the release, contain the released used oil, clean up and properly manage the released used oil and other materials contaminated with used oil, and repair or replace any leaking used oil storage equipment prior to returning it to service to prevent future releases. A burner who discharges more than five gallons of used oil is subject to the notification requirements of Minnesota Statutes, section 115.061.
**Subp. 7. Tracking and acceptance.**
Used oil burners must keep a record of each used oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Used oil burners must maintain these records for at least three years. Upon request of the commissioner, the burner must supply information regarding the amount of used oil received at the burning facility in the previous calendar year. Records for each shipment must include the following information:
A. the name and address of the transporter who delivered the used oil to the burner;
B. the name and address of the generator or processor/rerefiner from whom the used oil was sent to the burner, if applicable;
C. the identification number of the transporter who delivered the used oil to the burner;
D. the identification number of the generator or processor/rerefiner from whom the used oil was sent to the burner, if applicable;
E. the quantity of used oil accepted; and
F. the date of acceptance.
**Subp. 8. Notices and certification.**
Before a burner accepts the first shipment of off-specification used oil fuel from a generator, transporter, or processor/rerefiner, the generator must provide the generator, transporter, or processor/rerefiner a one-time, written, and signed notice certifying that the burner has notified the EPA of used oil management activities at the facility and the location of the facility, and that the burner will burn used oil only in an industrial furnace or boiler identified in subpart 2. This certification must be maintained for at least three years from the date the burner last receives shipment of off-specification used oil from the generator, transporter, or processor/rerefiner.
**Subp. 9. Management of residues.**
Burners who generate residues from the storage or burning of used oil must manage the residues as specified in part 7045.0815.
**Subp. 10. Closure.**
A. Owners and operators who store or process used oil in aboveground tanks must, at closure of the tank system, remove or decontaminate residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste unless the materials are not hazardous waste under parts 7045.0102 to 7045.0155. If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in this item, then the owner or operator must close the tank system and perform postclosure care in accordance with the closure and postclosure care requirements of part 7045.0638, subpart 4, that apply to hazardous waste landfills.
B. Owners and operators who store used oil in containers must, at closure, remove containers holding used oils or residues of used oil from the site. The owner or operator must remove or decontaminate used oil residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste unless the materials are not hazardous waste under parts 7045.0102 to 7045.0155.
**Subp. 11. Other applicable provisions.**
Used oil burners who conduct the following activities are also subject to the requirements of other applicable provisions as indicated below:
A. burners who generate used oil must also comply with part 7045.0855;
B. burners who transport used oil must also comply with part 7045.0865;
C. except as provided in subpart 3, burners who process or rerefine used oil must also comply with part 7045.0875; and
D. burners who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications in part 7045.0795, must also comply with part 7045.0895.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715; 22 SR 5; 22 SR 2300; 32 SR 10; 33 SR 2042*
##### **Minn. R. 7045.0890** [Repealed, 9 SR 115] {#sec-7045.0890 omnilex-key=us-mn-regs-official--agency-167--7045.0890}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0895** Standards for Used Oil Fuel Marketers {#sec-7045.0895 omnilex-key=us-mn-regs-official--agency-167--7045.0895}
**Subpart 1. Applicability.**
Any person who conducts either of the following activities is subject to the requirements of this part:
A. any person who directs a shipment of off-specification used oil from their facility to a used oil burner; or
B. any person who first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications in part 7045.0840.
**Subp. 2. Persons who are not marketers.**
The following persons are not marketers subject to this part:
A. used oil generators and transporters who transport used oil received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from their facility to a used oil burner. However, processors/rerefiners who burn some used oil fuel for purposes of processing are considered to be burning incidentally to processing. Thus, generators and transporters who direct shipments of off-specification used oil to processor/rerefiners who incidentally burn used oil are not marketers subject to this part;
B. persons who direct shipments of on-specification used oil and who are not the first to claim the oil meets the used oil specifications of part 7045.0840; and
C. used oil generators who direct shipments of used oil to used oil aggregation points which burn used oil in burning units in accordance with part 7045.0865, subpart 4.
**Subp. 3. Prohibitions.**
A used oil fuel marketer must initiate a shipment of off-specification used oil only to a burner who has an identification number and burns used oil in an industrial furnace or boiler identified in part 7045.0885, subpart 2, or to a burner who burns used oil in marine or diesel engines.
**Subp. 4. On-specification used oil fuel.**
Analysis of used oil fuel. A generator, transporter, processor/rerefiner, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of part 7045.0840 by performing analyses or obtaining copies of analyses or other information documenting that the used oil fuel meets the specifications. Persons claiming that used oil meets the specifications of part 7045.0840 must keep copies of analyses of the used oil or other information used to make the determination for at least three years.
**Subp. 5. Notification.**
Used oil fuel marketers who have not notified the EPA that they are marketers of used oil must submit a completed EPA form 8700-12 to EPA indicating their used oil marketing activities.
**Subp. 6. Tracking.**
A. Any used oil marketer who directs a shipment of off-specification used oil to a burner must keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must include: the name and address of the transporter who delivers the used oil to the burner; the name and address of the burner who will receive the used oil; the identification number of the transporter who delivers the used oil to the burner; the identification number of the burner; the quantity of used oil shipped; and the date of shipment.
B. A generator, transporter, processor/rerefiner, or burner who first claims that used oil that is to be burned for energy recovery meets the fuel specifications under part 7045.0840 must keep records of each shipment of used oil to an on-specification used oil burner. Records must include the following information: the name and address of the facility receiving the shipment; the quantity of used oil fuel delivered; the date of shipment or delivery; and a cross-reference to the record of used oil analyses or other information used to make the determination that the used oil meets the specification as required in subpart 4. These records must be maintained by the person making the claim that the oil is on-specification for at least three years.
**Subp. 7. Notices and certification.**
Before a used oil generator, transporter, or processor/rerefiner directs the first shipment of off-specification used oil fuel to a burner, that person must obtain a one-time written and signed notice from the burner certifying that the burner has notified EPA stating the location of the burning facility and a general description of used oil management activities at the burning facility, and that the burner will burn the off-specification used oil only in an industrial furnace or boiler identified in subpart 2. This certification must be maintained by the person who obtains the certification for at least three years from the date the last shipment of off-specification used oil is shipped to the burner.
**Subp. 8. Other applicable provisions.**
Any person subject to the requirements of this part must also comply with one of the following:
A. part 7045.0855, standards for used oil generators;
B. part 7045.0865, standards for used oil transporters and transfer facilities;
C. part 7045.0875, standards for used oil processors and rerefiners;
D. part 7045.0885, standards for used oil burners who burn off-specification used oil for energy recovery.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715; 22 SR 5*
##### **Minn. R. 7045.0900** [Repealed, 9 SR 115] {#sec-7045.0900 omnilex-key=us-mn-regs-official--agency-167--7045.0900}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0910** [Repealed, 9 SR 115] {#sec-7045.0910 omnilex-key=us-mn-regs-official--agency-167--7045.0910}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0920** [Repealed, 9 SR 115] {#sec-7045.0920 omnilex-key=us-mn-regs-official--agency-167--7045.0920}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0930** [Repealed, 9 SR 115] {#sec-7045.0930 omnilex-key=us-mn-regs-official--agency-167--7045.0930}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.0990** Used Oil Filters {#sec-7045.0990 omnilex-key=us-mn-regs-official--agency-167--7045.0990}
**Subpart 1. Definitions.**
The definitions in this subpart apply to this part.
A. "Used oil filter broker" means any person or business who accepts used oil filters from used oil filter transporters for purposes of sending used oil filters to a used oil filter recycling intermediary or recycler.
B. "Used oil filter transporter" means any person or business who transports used oil filters directly from used oil filter generators for the purposes of sending the used oil filters to a used oil filter recycling intermediary or recycler. Scrap metal collectors who incidentally receive small amounts of used oil filters with other scrap metal they collect are not considered used oil filter collectors.
C. "Used oil filter processor" means a person or business who accepts used oil filters from used oil filter generators, brokers, or transporters for purposes of making the filters more amenable for recycling.
D. "Used oil filter recycler" means any person or business that accepts used oil filters and through some process transforms them into a recycled product.
E. "Used oil filter recycling intermediary" means a used oil filter broker or processor.
**Subp. 2. General requirements.**
No person shall dispose of used oil filters or portions of used oil filters in solid waste or in or on the land. Used oil filter brokers, transporters, processors, recyclers, and generators are subject to regulation under this part and must ensure that used oil filters and portions of used oil filters are managed as specified in this subpart.
Unless disposed of as hazardous waste, used oil filters and portions of used oil filters must be recycled either by scrap metal recycling or burning for energy recovery. Used oil filters and portions of used oil filters may be recycled under the scrap metal exemption of part 7045.0125, subpart 4, item C, if they meet the definition of scrap metal. Used oil filters and portions of used oil filters that meet the definition of scrap metal may be burned for energy recovery under part 7045.0805, item A, provided that the scrap metal portion of the used oil filters is recovered and recycled. Used oil filters and portions of used oil filters which do not meet the definition of scrap metal may be burned for energy recovery under part 7045.0805, item A.
**Subp. 3. Requirements for generators.**
A. Used oil filter generators must store used oil filters in closed, leakproof containers labeled with the words "Used Oil Filters."
B. Used oil filter generators burning used oil filters or portions of used oil filters on-site must comply with part 7045.0855, subpart 3.
C. Off-site shipments:
**Subp. 4. Requirements for used oil filter transporters.**
A. Storage and transportation:
B. Record keeping and receipts:
C. Used oil filter transporters that generate used oil from their operations must comply with parts 7045.0805 and 7045.0855, as applicable.
**Subp. 5. Requirements for used oil filter brokers, processors, and recyclers.**
A. Used oil filter brokers, processors, and recyclers must ensure that used oil filters they manage are stored, processed, and handled in a manner which prevents used oil from entering the environment. Used oil filter brokers, processors, and recyclers must store and transport used oil filters in leakproof containers labeled with the words "Used Oil Filters." The containers must be closed or otherwise covered to prevent precipitation from entering the container and to prevent used oil filters and used oil from exiting the containers during transport and storage. Used oil filters stored in units other than containers must not leak used oil into the environment and must be protected from precipitation.
B. Used oil filter transporters must send at least 75 percent of the used oil filters they take possession of each year for recycling.
C. Used oil filter brokers, processors, and recyclers that generate used oil or waste contaminated with used oil from their used oil filter management activities are subject to the requirements of parts 7045.0805 and 7045.0855, as applicable.
D. Used oil filter brokers and processors may only send used oil filters to used oil filter brokers, processors, or recyclers.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 20 SR 715; 22 SR 5; 27 SR 1664*
##### **Minn. R. 7045.1000** Purpose; Applicability {#sec-7045.1000 omnilex-key=us-mn-regs-official--agency-167--7045.1000}
Parts 7045.1000 to 7045.1030 establish procedures for the agency's overview of county hazardous waste programs. Part 7045.1010, subpart 1 applies to counties which seek agency approval of a hazardous waste ordinance. All other portions of parts 7045.1005 to 7045.1030 apply to counties having a hazardous waste ordinance approved by the agency.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115*
##### **Minn. R. 7045.1005** Overview {#sec-7045.1005 omnilex-key=us-mn-regs-official--agency-167--7045.1005}
The commissioner shall overview actions taken by counties under hazardous waste programs approved by the agency. This overview shall consist of the review, approval, denial, suspension, modification, and reversal of county actions. County actions include adoption or amendment of regulations and ordinances, and the issuance, denial, suspension, modification, imposition of conditions upon, or revocation of county hazardous waste permits or licenses.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15*
##### **Minn. R. 7045.1010** County Ordinances {#sec-7045.1010 omnilex-key=us-mn-regs-official--agency-167--7045.1010}
**Subpart 1. Agency approval.**
A county that seeks agency approval of a hazardous waste ordinance under Minnesota Statutes, section 400.161, or a metropolitan county which seeks agency approval of a hazardous waste ordinance under Minnesota Statutes, section 473.811, subdivision 5b, shall submit a copy of the ordinance to the agency. The commissioner shall, within 30 days of receiving the ordinance, advise the county in writing whether the ordinance is approved or suspended. If the commissioner suspends a county ordinance, the commissioner shall follow the procedure described in subpart 2. The commissioner shall approve a county ordinance that embodies and is consistent with the standards and requirements in this chapter.
**Subp. 2. Procedures.**
The commissioner may suspend a previously approved county ordinance or relevant portion thereof if that ordinance has been modified and is determined by the commissioner to be inconsistent with the state hazardous waste rules. Upon suspension by the commissioner, the matter must be placed on the agenda of the next month's regularly scheduled meeting of the agency board. The agency shall notify the county in writing of its decision to approve, suspend, modify, or deny the ordinance.
**Subp. 3. Revisions.**
A county having a hazardous waste ordinance approved in writing by the agency, shall revise the county ordinance within 120 days of any agency revision to this chapter. The county revision must embody and be consistent with the agency's revisions to this chapter, and must be submitted to the agency for its review and approval according to the procedure in subpart 1.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 18 SR 1565*
##### **Minn. R. 7045.1020** Effect of Agency Approval of County Ordinance {#sec-7045.1020 omnilex-key=us-mn-regs-official--agency-167--7045.1020}
If a county has adopted a hazardous waste ordinance that is approved in writing by the agency:
A. each generator who produces a hazardous waste within the county must obtain a generator license and must submit reports to the county as required by the county ordinance in lieu of submission to the agency unless specifically requested in writing by the commissioner to submit a copy of the license application or license renewal report to the commissioner;
B. each collection program operator who operates a collection program under part 7045.0310 or 7045.0320 within the county must obtain a program license and must submit reports to the county as required by the county ordinance in lieu of submission to the agency unless specifically requested in writing by the commissioner to submit a copy of the license or license renewal report to the commissioner; and
C. all persons shall comply with all other requirements of this chapter, the agency's permitting procedures, and all requirements of the county ordinance.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 16 SR 2102*
##### **Minn. R. 7045.1030** County Actions {#sec-7045.1030 omnilex-key=us-mn-regs-official--agency-167--7045.1030}
**Subpart 1. Notice.**
A county with a hazardous waste ordinance approved in writing by the agency shall submit to the agency a written notification of all hazardous waste licenses or permits approved by the county during the previous month. The notification shall be submitted to the agency by the fifteenth day of each month. Upon the request of the commissioner, the county shall provide the agency with a copy of all the information that it considered in reaching its decision.
**Subp. 2. Decision of commissioner.**
The commissioner shall within 15 days of receiving the notification, advise the county in writing of the decision to approve, suspend, or request additional information on the licenses or permits. The commissioner may suspend any hazardous waste license or permit approved and issued by the county. Upon suspension, the procedure described in part 7045.1010, subpart 2 must be followed.
**Subp. 3. Reporting.**
A county shall submit to the commissioner, upon request, a copy of any information submitted under parts 7045.0225 to 7045.0250 (generator licenses), 7045.0310, and 7045.0320 (collection programs), manifest, exception report, or other document that has been submitted to the county in lieu of submission to the agency pursuant to part 7045.1020. A county shall submit to the commissioner, upon request but not to exceed semiannually, summary data based on the documents cited in this subpart.
**Subp. 4.**
[Repealed, 16 SR 2102]
**History**
- *Statutory Authority: MS s 116.07*
- *History: 9 SR 115; L 1987 c 186 s 15; 16 SR 2102*
##### **Minn. R. 7045.1110** [Repealed, 9 SR 115] {#sec-7045.1110 omnilex-key=us-mn-regs-official--agency-167--7045.1110}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1120** [Repealed, 9 SR 115] {#sec-7045.1120 omnilex-key=us-mn-regs-official--agency-167--7045.1120}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1130** [Repealed, 9 SR 115] {#sec-7045.1130 omnilex-key=us-mn-regs-official--agency-167--7045.1130}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1140** [Repealed, 9 SR 115] {#sec-7045.1140 omnilex-key=us-mn-regs-official--agency-167--7045.1140}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1150** [Repealed, 9 SR 115] {#sec-7045.1150 omnilex-key=us-mn-regs-official--agency-167--7045.1150}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1160** [Repealed, 9 SR 115] {#sec-7045.1160 omnilex-key=us-mn-regs-official--agency-167--7045.1160}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1170** [Repealed, 9 SR 115] {#sec-7045.1170 omnilex-key=us-mn-regs-official--agency-167--7045.1170}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1180** [Repealed, 9 SR 115] {#sec-7045.1180 omnilex-key=us-mn-regs-official--agency-167--7045.1180}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1190** [Repealed, 9 SR 115] {#sec-7045.1190 omnilex-key=us-mn-regs-official--agency-167--7045.1190}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1200** [Repealed, 9 SR 115] {#sec-7045.1200 omnilex-key=us-mn-regs-official--agency-167--7045.1200}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1210** [Repealed, 9 SR 115] {#sec-7045.1210 omnilex-key=us-mn-regs-official--agency-167--7045.1210}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1220** [Repealed, 9 SR 115] {#sec-7045.1220 omnilex-key=us-mn-regs-official--agency-167--7045.1220}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1230** [Repealed, 9 SR 115] {#sec-7045.1230 omnilex-key=us-mn-regs-official--agency-167--7045.1230}
[Repealed, 9 SR 115]
##### **Minn. R. 7045.1240** [Repealed, 10 SR 1688] {#sec-7045.1240 omnilex-key=us-mn-regs-official--agency-167--7045.1240}
[Repealed, 10 SR 1688]
##### **Minn. R. 7045.1250** [Repealed, 10 SR 1688] {#sec-7045.1250 omnilex-key=us-mn-regs-official--agency-167--7045.1250}
[Repealed, 10 SR 1688]
##### **Minn. R. 7045.1260** [Repealed, 10 SR 1688] {#sec-7045.1260 omnilex-key=us-mn-regs-official--agency-167--7045.1260}
[Repealed, 10 SR 1688]
##### **Minn. R. 7045.1300** [Repealed, 33 SR 2042] {#sec-7045.1300 omnilex-key=us-mn-regs-official--agency-167--7045.1300}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1305** [Repealed, 33 SR 2042] {#sec-7045.1305 omnilex-key=us-mn-regs-official--agency-167--7045.1305}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1309** [Repealed, 33 SR 2042] {#sec-7045.1309 omnilex-key=us-mn-regs-official--agency-167--7045.1309}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1310** [Repealed, 33 SR 2042] {#sec-7045.1310 omnilex-key=us-mn-regs-official--agency-167--7045.1310}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1315** [Repealed, 33 SR 2042] {#sec-7045.1315 omnilex-key=us-mn-regs-official--agency-167--7045.1315}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1320** [Repealed, 33 SR 2042] {#sec-7045.1320 omnilex-key=us-mn-regs-official--agency-167--7045.1320}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1325** [Repealed, 33 SR 2042] {#sec-7045.1325 omnilex-key=us-mn-regs-official--agency-167--7045.1325}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1330** [Repealed, 33 SR 2042] {#sec-7045.1330 omnilex-key=us-mn-regs-official--agency-167--7045.1330}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1333** [Repealed, 33 SR 2042] {#sec-7045.1333 omnilex-key=us-mn-regs-official--agency-167--7045.1333}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1334** [Repealed, 33 SR 2042] {#sec-7045.1334 omnilex-key=us-mn-regs-official--agency-167--7045.1334}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1335** [Repealed, 33 SR 2042] {#sec-7045.1335 omnilex-key=us-mn-regs-official--agency-167--7045.1335}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1339** [Repealed, 33 SR 2042] {#sec-7045.1339 omnilex-key=us-mn-regs-official--agency-167--7045.1339}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1350** [Repealed, 33 SR 2042] {#sec-7045.1350 omnilex-key=us-mn-regs-official--agency-167--7045.1350}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1355** [Repealed, 33 SR 2042] {#sec-7045.1355 omnilex-key=us-mn-regs-official--agency-167--7045.1355}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1358** [Repealed, 33 SR 2042] {#sec-7045.1358 omnilex-key=us-mn-regs-official--agency-167--7045.1358}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1360** [Repealed, 33 SR 2042] {#sec-7045.1360 omnilex-key=us-mn-regs-official--agency-167--7045.1360}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1380** [Repealed, 33 SR 2042] {#sec-7045.1380 omnilex-key=us-mn-regs-official--agency-167--7045.1380}
[Repealed, 33 SR 2042]
##### **Minn. R. 7045.1390** Land Disposal Restrictions {#sec-7045.1390 omnilex-key=us-mn-regs-official--agency-167--7045.1390}
**Subpart 1. Incorporation of federal land disposal restrictions.**
Code of Federal Regulations, title 40, part 268, as amended, land disposal restrictions, is incorporated by reference, except as provided in subparts 2 to 5.
**Subp. 2. General additions, modifications, or exceptions to incorporation of regulations.**
A. Part 7045.0090, adoption and incorporation by reference, also applies.
B. The agency does not incorporate the definitions of debris or hazardous debris in Code of Federal Regulations, title 40, section 268.2, or the regulations related to debris and hazardous debris throughout Code of Federal Regulations, title 40, part 268, including the treatment standards for hazardous debris in section 268.45. Wastes that would be federally regulated as debris or hazardous debris are regulated as hazardous waste.
**Subp. 3. Exceptions or additions to Code of Federal Regulations, title 40, subpart A.**
A. The agency does not incorporate Code of Federal Regulations, title 40, section 268.1(c)(3), allowing disposal into an injection well.
B. References to "EPA" in Code of Federal Regulations, title 40, sections 268.1(e)(3) and 268.2(j) mean the federal Environmental Protection Agency.
C. The agency does not incorporate the definitions found in Code of Federal Regulations, title 40, section 268.2, paragraph a, c, d, e, f, g, or h.
D. References in Code of Federal Regulations, title 40, section 268.7(a)(9)(iii), to D001 to D043 do not include D009.
E. The agency does not incorporate Code of Federal Regulations, title 40, section 268.5, governing procedures for case-by-case extensions to an effective date. That section is administered by the EPA.
F. The agency does not incorporate Code of Federal Regulations, title 40, section 268.6, governing petitions to allow land disposal of a waste prohibited under subpart C. Part 7045.0075, subpart 9, applies.
G. The agency does not incorporate Code of Federal Regulations, title 40, section 268.4(a)(3)(ii) and (iii), relating to waivers or modifications of surface impoundment requirements.
**Subp. 4. Exceptions or additions to Code of Federal Regulations, title 40, subpart B.**
The agency does not incorporate the EPA schedule in Code of Federal Regulations, title 40, section 268.13, for wastes identified or listed after November 8, 1984. That section is administered by the Environmental Protection Agency.
**Subp. 5. Exceptions or additions to Code of Federal Regulations, title 40, subpart D.**
A. The agency does not incorporate Code of Federal Regulations, title 40, section 268.42(b), governing the demonstration of an alternative treatment method. That section is administered by the EPA.
B. The agency does not incorporate Code of Federal Regulations, title 40, section 268.44, paragraphs (a) to (g) or (o), governing variance from a treatment standard and wastes excluded in various states. That section is administered by the EPA.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 33 SR 2042*
##### **Minn. R. 7045.1400** Adoption of Federal Standards for Universal Waste Management {#sec-7045.1400 omnilex-key=us-mn-regs-official--agency-167--7045.1400}
**Subpart 1. Adoption.**
The requirements of Code of Federal Regulations, title 40, part 273, as amended, regulating the management of universal waste, are adopted and incorporated by reference except as specified in subpart 2. In addition, the provisions of part 7045.0090 also apply.
**Subp. 2. Exceptions.**
A. The requirements of Code of Federal Regulations, title 40, sections 273.80 and 273.81, relating to petitions are not adopted.
B. The requirements of Code of Federal Regulations, title 40, section 273.8, regarding the regulation of conditionally exempt generators are not adopted.
C. References in Code of Federal Regulations, title 40, sections 273.13(a)(3)(i) and 273.33(a)(3)(i), to the requirements of title 40, parts 260 through 272, mean the requirements of chapter 7045.
D. References in Code of Federal Regulations, sections 273.13(b)(3) and 273.33(b)(3), to the requirements of title 40, part 265, subparts I and J, mean the requirements of parts 7045.0528 and 7045.0628.
E. References in Code of Federal Regulations, sections 273.13(c)(3)(ii) and 273.33(c)(3)(ii), to the requirements of title 40, parts 260 through 272, mean the requirements of chapter 7045.
F. References in Code of Federal Regulations, sections 273.17(b) and 273.37(b), to the requirements of title 40, parts 260 through 272, mean the requirements of chapter 7045.
G. References in Code of Federal Regulations, section 273.60(a), to the requirements of title 40, parts 124, 264, 265, 266, 268, and 270, mean the requirements of chapters 7001 and 7045.
**Subp. 3. Financial assurance for universal waste handlers.**
A. Except as excluded in item B, universal waste handlers who accumulate more than 1,000 lamps shall, in addition to complying with all requirements of this part, establish financial assurance in an amount that the commissioner determines is adequate to cover the cost of hiring a third party to properly dispose of all of the lamps and close the accumulation site. Evidence of financial assurance must be provided to the commissioner and updated as necessary to cover the maximum amount of lamps present at any time at the site. Financial assurance must be provided either (1) as a closure trust fund according to part 7045.0504, subpart 2, except that the full amount of cash to cover financial assurance must be deposited in the trust fund at the time the fund is established rather than through annual payments, or (2) as a letter of credit together with a standby trust fund according to part 7045.0504, subpart 5. For purposes of these financial assurance requirements, references to closure costs in part 7045.0504, subparts 2 and 5, mean the financial assurance costs described in this item.
B. The following universal waste handlers are not required to provide evidence of financial assurance for lamp accumulation:
C. The commissioner may require universal waste handlers of other types of universal waste to establish financial assurance as specified in item A, if the commissioner determines that:
**History**
- *Statutory Authority: MS s 116.07*
- *History: 30 SR 43; 30 SR 127*
## **Chapter 7046** FACILITY AND GENERATOR FEES
##### **Minn. R. 7046.0010** Definitions {#sec-7046.0010 omnilex-key=us-mn-regs-official--agency-167--7046.0010}
**Subpart 1. Scope.**
As used in parts 7046.0010 to 7046.0070, the following words have the meanings given them.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 2a. Closed system.**
A "closed system" means a conveyance system for waste that consists entirely of permanent and rigid components where no human handling is needed to convey the waste from the point where it becomes a waste to the point of discharge to a sewer system.
**Subp. 3. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency or his or her designee.
**Subp. 4. Facility.**
"Facility" means all contiguous land, structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units, such as one or more landfills, surface impoundments, or combinations thereof.
**Subp. 4a. Free liquids.**
"Free liquids" means liquids that readily separate from the solid portion of the waste under ambient temperature and pressure.
**Subp. 5. Generator.**
"Generator" means any person, by site, whose act or process produces a hazardous waste or whose act first causes a hazardous waste to become subject to regulation. "By site" means by each location required to have a unique identification number.
**Subp. 6. Hazardous waste.**
"Hazardous waste" has the meaning given in Minnesota Statutes, section 116.06, subdivision 11.
**Subp. 7. Indoor tank.**
"Indoor tank" means a tank completely enclosed within a building or sheltered from the elements within a roofed structure with no fewer than three complete solid walls.
**Subp. 8. Injection well.**
"Injection well" means a shaft or pit generally of a cylindrical form, dug or bored into the earth and often walled with bricks or tubing to prevent the earth from caving in into which fluids are injected.
**Subp. 9. Land treatment facility.**
"Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface. A land treatment facility is a disposal facility if the waste will remain after closure.
**Subp. 10. Landfill.**
"Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a land treatment facility, a surface impoundment, or an injection well.
**Subp. 10a. Large quantity generator.**
"Large quantity generator" has the meaning given in part 7045.0206.
**Subp. 10b. Metropolitan area generator.**
"Metropolitan area generator" means a generator whose hazardous waste generation site is located in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County.
**Subp. 11. Nonmetropolitan area generator.**
"Nonmetropolitan area generator" means a generator whose hazardous waste generation site is located in a Minnesota county other than Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington.
**Subp. 12. Operator.**
"Operator" means the person responsible for the overall operation of a facility.
**Subp. 13. On-site.**
"On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along the right-of-way. Noncontiguous property owned by the same person but connected by a right-of-way which he or she controls and to which the public does not have access is also considered on-site property.
**Subp. 14. Outdoor tank.**
"Outdoor tank" means a tank not enclosed within another structure or which is sheltered within a structure with fewer than three complete walls and which may or may not have a roof.
**Subp. 15. Owner.**
"Owner" means the owner of a facility or part of a facility.
**Subp. 16. Pile.**
"Pile" means a noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage.
**Subp. 17.**
[Repealed, 16 SR 1646]
**Subp. 17a.**
[Repealed, 16 SR 1646]
**Subp. 17b. Sewer system.**
"Sewer system" means a tributary or tributaries to a publicly owned treatment works or to a facility holding a national pollutant discharge elimination system (NPDES) permit or state disposal system (SDS) permit.
**Subp. 18. Sewered wastes.**
"Sewered wastes" means wastes that are discharged to a sewer system and that are hazardous wastes at the point of generation before treatment or commingling with other wastewater which may or may not render them nonhazardous.
**Subp. 18a. Small quantity generator.**
"Small quantity generator" has the meaning given in part 7045.0206.
**Subp. 19. Storage.**
"Storage" means the holding or accumulation of hazardous waste for a temporary period at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.
**Subp. 20. Surface impoundment, impoundment.**
"Surface impoundment" or "impoundment" means a facility or part of a facility which is a natural topographic depression, artificial excavation, or diked area formed primarily of earthen materials which is designed to hold an accumulation of liquid hazardous wastes or hazardous wastes containing free liquids and which is not an injection well or seepage facility. Examples of surface impoundments are holding, storage, settling and aeration pits, ponds, and lagoons. Impoundments may be lined with synthetic materials.
**Subp. 21. Tank.**
"Tank" means a stationary device which is designed to contain an accumulation of hazardous wastes and which is constructed primarily of nonearthen materials such as wood, concrete, steel, and plastic, which provide structural support.
**Subp. 22. Thermal treatment.**
"Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. "Thermal treatment" includes the processes of incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge.
**Subp. 23. Treatment.**
"Treatment" means any method, technique, or process, including neutralization, that is designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize the waste, so as to recover energy or material resources from the waste, or so as to render the waste nonhazardous, or less hazardous, safer to transport, store, or dispose of, or amenable for recovery, amenable for storage, or reduced in volume.
**Subp. 24.**
[Repealed, 18 SR 1665]
**Subp. 24a. Very small quantity generator.**
"Very small quantity generator" has the meaning given in part 7045.0206.
**Subp. 25. Waste stream.**
"Waste stream" means wastes generated by the same process at a generator's site.
**History**
- *Statutory Authority: MS s 116.12*
- *History: 8 SR 1781; 9 SR 2341; L 1987 c 186 s 15; 16 SR 1646; 17 SR 1279; 18 SR 1665; 31 SR 985*
##### **Minn. R. 7046.0020** Hazardous Waste Facility Fees {#sec-7046.0020 omnilex-key=us-mn-regs-official--agency-167--7046.0020}
**Subpart 1. Fee schedule for five-year permits.**
A person applying for issuance, reissuance, or major modification under part 7001.0190, subpart 1, of a five-year permit for a hazardous waste facility shall remit the applicable fee given in items A to D.
A person who owns or operates a hazardous waste facility shall remit an annual facility fee for the fiscal year beginning on July 1 and ending on June 30, if during that year the facility was treating, storing, or disposing of hazardous waste, had not obtained closure approval, or had closed as a land disposal facility with hazardous waste remaining in place. A facility that meets the annual facility fee payment criteria for less than a full year shall be assessed a prorated facility fee.
A facility in which hazardous waste remains after closure continues to be subject to the annual facility fee until the owner or operator is exempted under subpart 8.
Facility fees are as provided in items A to D. Fees will be examined annually and adjusted, as necessary, under part 7046.0060, subpart 1, steps 1 to 7.
A. Storage.
B. Disposal and treatment.
C. Permit reissuance fee. The permit reissuance fee is 50 percent of the facility's permit application fee in item A or B rounded to the nearest ten-dollar increment.
D. Major modification fee. The major modification fee is 33 percent of the facility's permit application fee in item A or B rounded to the nearest ten-dollar increment. A person applying for a major modification concurrent with a permit reissuance application will not be assessed a major modification fee.
**Subp. 2. Application fee schedule for permits less than five-year term.**
The following schedule must be used to calculate the application fee for a permit term of less than five years.
The annual facility fee is the applicable fee listed in subpart 1.
**Subp. 3. Combination facilities.**
An application fee for a facility consisting of several treatment, storage, or disposal functions must be calculated according to the following schedule.
Permit reissuance fees shall be assessed at 50 percent of the application fee as calculated under this subpart. Permit major modification fees shall be assessed at 33 percent of the application fee under subpart 1 for the component of the facility being modified. For major modifications not associated with a specific component of a combination facility, the permit major modification fee shall be assessed at 33 percent of the application fee as calculated under this subpart for the combination facility. A person applying for a major modification concurrent with a permit reissuance application shall not be assessed a major modification fee.
**Subp. 4. Environmental review costs.**
The following additional fee is required for a hazardous waste facility project that requires only an environmental assessment worksheet under Minnesota Statutes, chapter 116D: the fee is $200 plus 0.10 percent of the project estimated costs. The project estimated costs are the costs of the entire project to complete a hazardous waste facility including the current market value of all the land interests, owned or to be owned by the facility owner, which are included in the boundaries of the project; costs of engineering and architecture for the project; expenditures necessary to begin physical construction or operation of the project; construction required to implement the project including costs of essential public service facilities; and the costs of permanent fixtures.
Nothing in this part precludes the applicability of the Environmental Impact Statement (EIS) cost assessment system as described in the rules of the Environmental Quality Board.
**Subp. 5. Payment schedule.**
Fees must be made payable to the commissioner of management and budget and submitted to the commissioner as follows:
A. The owner or operator of a facility shall remit the permit application fee when he or she submits the application.
B. The owner or operator shall submit the annual facility fee postmarked or hand-delivered not later than June 15 of each year.
C. Permit reissuance and permit major modification fees must be submitted with the reissuance or major modification application.
**Subp. 6. Failure to submit fees.**
Failure to submit fees by the required date results in the following penalties:
A. A facility permit, permit reissuance, or permit major modification application submitted without the applicable fee is incomplete. The commissioner shall suspend further processing of the application until the appropriate fee is received by the commissioner.
B. The facility owner or operator will be assessed a late fee for each 30-day period or fraction of that period that the fee remains unpaid. The late fee is calculated as a percentage of the annual fee as follows: ten percent of the annual facility fee for each of the first two 30-day periods, and 15 percent of the annual facility fee for each 30-day period or fraction of a 30-day period thereafter.
C. The commissioner may commence proceedings to suspend or revoke a permit if fees are not paid within 180 days after the required date.
**Subp. 7. Refund of facility permit application fee.**
If an applicant submits an application fee for a permit and the agency issues a permit with an effective term of less than the term in the permit applied for, the agency shall refund to the applicant the application fee minus the appropriate fee in subpart 2.
If a facility operator or owner submits an application fee and then withdraws the application within 60 days of receipt by the commissioner, the agency shall refund to the applicant 75 percent of the application fee.
**Subp. 8. Exemption for closed land disposal facilities from annual facility fee.**
The owner or operator of a closed land disposal facility may petition the commissioner, at any time after two years have passed since the last wastes were disposed of at the facility, to release the owner or operator from the requirement to pay an annual facility fee. The petition shall include all available leachate and groundwater monitoring data for the facility, a description of the characteristics of the wastes in the facility, a description of the technology applied to secure the facility and avoid migration of the wastes, a description of anticipated future monitoring, an evaluation of the potential for future environmental problems, and any additional information the owner or operator has to support the petition. The commissioner shall grant the petition and exempt the owner or operator from the requirement to pay the annual facility fee if the commissioner determines that, based on the information contained in the petition, groundwater contamination has not occurred and is not likely to occur and the facility will not require significant agency oversight. The exemption shall continue until such time as the commissioner determines, after notice to the owner or operator, that the facility does require significant agency oversight. The exemption shall expire if the owner or operator adds or allows to be added additional wastes to the facility. The exemption from the requirement to pay the annual facility fee does not exempt the owner or operator from the requirement to pay the permit reissuance fee.
**History**
- *Statutory Authority: MS s 16A.128; 116.12*
- *History: 8 SR 1781; 9 SR 2341; L 1987 c 186 s 15; 13 SR 1821; 14 SR 2249; 16 SR 1646; 18 SR 1665; L 2003 c 112 art 2 s 50; 31 SR 985; L 2009 c 101 art 2 s 109*
##### **Minn. R. 7046.0030** [Repealed, 11 SR 1993] {#sec-7046.0030 omnilex-key=us-mn-regs-official--agency-167--7046.0030}
[Repealed, 11 SR 1993]
##### **Minn. R. 7046.0031** Nonmetropolitan Area Generator Fees {#sec-7046.0031 omnilex-key=us-mn-regs-official--agency-167--7046.0031}
**Subpart 1. Basis of fees.**
Nonmetropolitan area generators must pay a hazardous waste generator fee that consists of an annual fee under subpart 4. The agency shall charge nonmetropolitan area generator fees based on the license application and licensing reports submitted by generators or other appropriate information available to the agency. Fees will be examined annually and adjusted, as necessary, under part 7046.0060.
**Subp. 2.**
[Repealed, 18 SR 1665]
**Subp. 2a.**
[Repealed, 18 SR 1665]
**Subp. 3.**
[Repealed, 16 SR 1646]
**Subp. 4. Annual fees.**
The annual fee is the sum of the base fee in item A and the quantity fee in item B. Very small quantity generators pay the base fee and are exempt from the quantity fee.
A. The base fee shall be calculated annually and adjusted, if necessary, under part 7046.0060, subpart 1, step 19.
B. The quantity fee is calculated annually using the per pound quantity rate under part 7046.0060, subpart 1, step 20, and the total amount of waste that counts toward the generator's size determination under part 7045.0206 that is generated in a year, based on the most recent license application and licensing reports submitted by the generator or other appropriate information available to the agency. To determine the quantity fee, the per pound quantity rate under part 7046.0060, subpart 1, step 20, is multiplied by the total quantity of waste that counts toward the generator's size.
**Subp. 5.**
[Repealed, 16 SR 1646; 16 SR 2102]
**Subp. 6. Payment schedule.**
Large and small quantity generators must submit fees within 50 days of the postmark date of the notice from the commissioner that the fees are due. Very small quantity generators must submit fees within 35 days of the postmark date of the notice from the commissioner that fees are due.
A nonmetropolitan area generator must submit a check for the required amount as directed on the invoice. The fee submittal must be postmarked or hand-delivered not later than the due date on the invoice.
**Subp. 7. Penalty for late payment of fees.**
If a nonmetropolitan area generator fails to submit the required fees by the due date provided on the invoice, the generator shall pay the fees plus a late fee as provided in items A and B.
A. Generators will be assessed a late fee for each 30-day period or fraction of that period that the fee remains unpaid. The late fee is calculated as a percentage of the annual fee as follows: ten percent of the annual fee for each of the first two 30-day periods, and 15 percent of the annual fee for each 30-day period, or fraction of a 30-day period, thereafter.
B. If a nonmetropolitan area generator fails to submit the required fees by the due date, the generator is liable for reasonable additional expenses the agency incurs in collection of the fee, in addition to the annual fee and any applicable late fees.
**Subp. 8. Penalty for late submittal of license renewal.**
If a large or small quantity nonmetropolitan area generator fails to submit the license renewal required under part 7045.0248, subpart 1, by the date specified by the commissioner, the generator must pay a nonrefundable late fee of $25. The late fee will be assessed at the time annual fees under this part are assessed.
**History**
- *Statutory Authority: MS s 16A.128; 116.12*
- *History: 11 SR 1993; L 1987 c 186 s 15; 13 SR 1821; 16 SR 1646; 16 SR 2102; 18 SR 1665; 31 SR 985*
##### **Minn. R. 7046.0040** Metropolitan Area Generator Fee {#sec-7046.0040 omnilex-key=us-mn-regs-official--agency-167--7046.0040}
**Subpart 1. Basis for fees.**
Metropolitan area generators must pay a hazardous waste generator fee that consists of an annual fee under subpart 2. The agency shall charge metropolitan area generator fees based on the license application and licensing reports submitted by generators to the county where the hazardous waste generation site is located or other appropriate information available to the agency. The metropolitan counties must provide this data to the agency in the time and manner required by the agency to facilitate collection of the fees. Fees shall be examined annually and adjusted, as necessary, under part 7046.0060.
**Subp. 2. Annual fees.**
The annual fee is the sum of the base fee in item A and the quantity fee in item B. Very small quantity generators pay the base fee and are exempt from the quantity fee.
A. The base fee is calculated annually and adjusted, if necessary, under part 7046.0060, subpart 1, step 13.
B. The quantity fee is calculated annually using the per pound quantity rate under part 7046.0060, subpart 1, step 14, and the total amount of waste that counts toward the generator's size determination under part 7045.0206 that is generated in a year based on the most recent license application and licensing reports submitted by the generator or other appropriate information available to the agency. To determine the quantity fee, the per pound quantity rate under part 7046.0060, subpart 1, step 14, is multiplied by the total quantity of waste that counts toward a generator's size.
**Subp. 3. Payment schedule.**
A. Large and small quantity generators must submit fees within 50 days of the postmark date of the notice from the commissioner that the fees are due. Very small quantity generators must submit fees within 35 days of the postmark date of the notice from the commissioner that fees are due.
B. A metropolitan area generator must submit a check for the required amount as directed on the invoice. The fee submittal must be postmarked or hand-delivered not later than the due date on the invoice.
**Subp. 4. Penalty for late payment of fees.**
If a metropolitan area generator fails to submit the required fees by the due date provided on the invoice, the generator shall pay the fees plus a late fee as provided in items A and B.
A. Generators shall be assessed a late fee for each 30-day period or fraction of that period that the fee remains unpaid. The late fee is calculated as a percentage of the annual fee as follows: ten percent of the annual fee for each of the first two 30-day periods and 15 percent of the annual fee for each 30-day period, or fraction of a 30-day period, thereafter.
B. If a metropolitan area generator fails to submit the required fees by the due date, the generator is liable for reasonable additional expenses the agency incurs in collection of the fee, in addition to the annual fee and any applicable late fees.
**History**
- *Statutory Authority: MS s 16A.128; 116.12*
- *History: 8 SR 1781; 9 SR 2341; 11 SR 1993; L 1987 c 186 s 15; 13 SR 1821; 16 SR 1646; 18 SR 1665; 31 SR 985*
##### **Minn. R. 7046.0045** Retroactive Fee {#sec-7046.0045 omnilex-key=us-mn-regs-official--agency-167--7046.0045}
**Subpart 1. Applicability.**
For large quantity and small quantity generators, the commissioner shall assess annual fees retroactively for each calendar year, up to a maximum of three calendar years, prior to the most recent calendar year subject to fees. Retroactive fees for waste produced for less than the maximum retroactive period may be prorated based on actual months of production if documented by the generator under the notification of error procedure provided in part 7046.0070. Retroactive fees apply according to items A to C.
A. A person generated hazardous waste without a license as required under part 7045.0225.
B. A licensed large quantity or small quantity generator produced a hazardous waste that was not identified and approved as part of the license and license renewal process under parts 7045.0225 to 7045.0250.
C. A licensed very small quantity generator produced a hazardous waste that was not identified and approved as part of the license and license renewal process under parts 7045.0225 to 7045.0250 and the total quantity generated exceeded the maximum quantity amounts for a very small quantity generator.
**Subp. 2.**
[Repealed, 18 SR 1665]
**Subp. 3. Fee calculation.**
Retroactive fees shall be calculated as described in item A, B, or C.
A. For persons subject to fees under subpart 1, item A, the fee is calculated by multiplying the most recent annual fee by the number of retroactive calendar years established under subpart 1.
B. For persons subject to fees under subpart 1, item B, the fee is calculated by multiplying the most recent annual fee that would be required for the waste omitted from the license by the number of retroactive calendar years established under subpart 1.
C. For persons subject to fees under subpart 1, item C, the fee is calculated by subtracting the base fee from the quantity fee under part 7046.0031 or 7046.0040. If the result is less than zero, no retroactive fee is due. If the result is greater than zero, a fee shall be applied to the resulting difference. The resulting fee shall be multiplied by the number of retroactive calendar years established under subpart 1.
**History**
- *Statutory Authority: MS s 116.12*
- *History: 16 SR 1646; 18 SR 1665; 31 SR 985*
##### **Minn. R. 7046.0050** Generator Fee Exemptions {#sec-7046.0050 omnilex-key=us-mn-regs-official--agency-167--7046.0050}
**Subpart 1.**
[Repealed, 9 SR 2341]
**Subp. 1a. Exemption for 100 pounds or less.**
Nonmetropolitan and metropolitan area generators that generate less than or equal to 100 pounds or ten gallons of hazardous waste and no acute hazardous waste per year are exempt from the fees under this chapter.
**Subp. 1b. Metropolitan area generator quantity rate cap exemption.**
An individual metropolitan area generator shall not be charged a quantity rate fee on any wastes generated in excess of 2,000,000 pounds.
**Subp. 1c. Nonmetropolitan area generator quantity rate cap exemption.**
An individual nonmetropolitan area generator shall not be charged a quantity rate fee on any wastes generated in excess of 1,000,000 pounds.
**Subp. 2.**
[Repealed, 11 SR 1993]
**Subp. 2a. PCB waiver.**
Polychlorinated biphenyl (PCB) waste associated with oil-filled electric equipment is eligible for a waiver from annual hazardous waste fees according to Minnesota Statutes, section 116.07, subdivision 2b, paragraph (b).
**Subp. 3. Wastes generated as a result of response action.**
A waste that is generated as a result of a response action is exempt from the generator fee. A response action is removal or remedial action taken according to the Environmental Response and Liability Act, Minnesota Statutes, sections 115B.01 to 115B.20, or the Comprehensive Environmental Response, Compensation, and Liability Act, United States Code, part 42, sections 9601, et seq.
**Subp. 4.**
[Repealed, 16 SR 1646; 16 SR 2102]
**Subp. 5. Wastes generated as a result of household hazardous waste collections.**
A waste that is generated as a result of a household hazardous waste collection program under Minnesota Statutes, section 115A.95, is exempt from the generator fee.
**Subp. 6. Waste collected as a result of a very small quantity generator hazardous waste collection program.**
An operator of a very small quantity generator hazardous waste collection program is exempt from generator fees for waste collected under part 7045.0320.
An operator who is also a generator is not exempt from generator fees for the waste that the operator generates as distinct from the waste that the operator collects from other generators.
A very small quantity generator participating in a collection program under part 7045.0320 is not exempt from generator fees.
**Subp. 7. Waste exempt from size determination.**
The agency bases the generator fees in this chapter only on those wastes used to determine generator size.
**History**
- *Statutory Authority: MS s 16A.128; 116.12*
- *History: 8 SR 1781; 11 SR 1993; L 1987 c 186 s 15; 13 SR 1821; 16 SR 1646; 16 SR 2102; 18 SR 1665; 31 SR 985*
##### **Minn. R. 7046.0060** Fee Formula {#sec-7046.0060 omnilex-key=us-mn-regs-official--agency-167--7046.0060}
**Subpart 1. Formula.**
Beginning February 1, 2006, the commissioner shall follow the steps in this part to determine the fee assessment under this chapter for facilities and generators.
Step 1. The total amount appropriated by the legislature for the new fiscal year (fiscal year target) is obtained.
Step 2. $2,000,000 is added to the amount appropriated by the legislature according to Laws 2003, chapter 128, article 2, section 54.
Step 3. For any year, the commissioner may increase the fiscal year target by up to five percent to reflect the anticipated fee nonpayment rate.
Step 4. The carryover from the previous fiscal year is determined and the carryover out of the new fiscal year is estimated. Both carryovers are applied to the step 3 amount. This amount is the adjusted fiscal year target for the hazardous waste program.
Step 5. The amount of revenue that would be generated by existing facilities using baseline facility fees in part 7046.0020 is estimated.
Step 6. The new fiscal year target for facilities is calculated by multiplying the adjusted fiscal year target (step 4) by 0.19.
Step 7. The fee assessment for facilities for the new fiscal year is calculated by dividing the new fiscal year target for facilities (step 6) by the estimated amount of revenue for facilities (step 5). The resulting ratio is multiplied by each of the baseline fee amounts in part 7046.0020 to determine the new fee amounts. Each fee amount is rounded up to the nearest ten-dollar increment.
Step 8. The new fiscal year target for all generators is calculated by subtracting the new fiscal year target for facilities (step 6) from the adjusted fiscal year target (step 4).
Step 9. The new fiscal year target for metropolitan county generators is calculated by multiplying the new fiscal year target for all generators (step 8) by 0.40.
Step 10. The total amount of waste in pounds generated by metropolitan area small and large quantity generators that are subject to a fee under this part is estimated.
Step 11. The total number of metropolitan area generators that are subject to a fee under this part is estimated.
Step 12. The total amount of base fee collections for all metropolitan area generators is calculated by multiplying the new fiscal year target for metropolitan area generators (step 9) by 0.52.
Step 13. The individual base fee for each metropolitan area generator is calculated by dividing the total amount of base fee collections for all metropolitan area generators (step 12) by the total number of metropolitan area generators that are subject to a fee under this part (step 11). This number is rounded to the nearest dollar.
Step 14. The per pound quantity rate for metropolitan area small and large quantity generators is determined by using the following formula:
$P = [n - [(x)(b)]] / q
where:
$P = per pound dollar amount for metropolitan county generators
n = metropolitan county generator new fiscal year target (step 9)
x = total number of metropolitan county generators (step 11)
b = metropolitan area generator base fee (step 13)
q = total pounds of waste generated by metropolitan area small and large quantity generators (step 10).
Step 15. The new fiscal year target for nonmetropolitan area generators is calculated by multiplying the new fiscal year target for all generators (step 8) by 0.60.
Step 16. The total amount of waste (pounds) generated by nonmetropolitan area small and large quantity generators that are subject to a fee under this part is estimated.
Step 17. The total number of nonmetropolitan area generators that are subject to a fee under this part is estimated.
Step 18. The total amount of base fee collections for all nonmetropolitan area generators is calculated by multiplying the new fiscal year target for nonmetropolitan area generators (step 15) by 0.53.
Step 19. The individual base fee for each nonmetropolitan area generator is calculated by dividing the total amount of base fee collections for all nonmetropolitan area generators (step 18) by the total number of nonmetropolitan area generators that are subject to a fee (step 17). This number is rounded to the nearest dollar.
Step 20. The per pound quantity rate for nonmetropolitan area small and large quantity generators is determined by using the following formula:
$P = [n - [(x)(b)]] / q
where:
$P = per pound dollar amount for nonmetropolitan area generators
n = nonmetropolitan area generator new fiscal year target (step 15)
x = total number of nonmetropolitan area generators (step 17)
b = nonmetropolitan area generator base fee (step 19)
q = total pounds of waste generated by nonmetropolitan area small and large quantity generators (step 16).
**Subp. 2. Phase-in effects of revised fee formula.**
A. For a period of four billing cycles after February 12, 2007, the agency must adjust the annual fees charged to metropolitan and nonmetropolitan area small and large quantity generators to ensure that no individual small or large quantity generator's fee increases by more than 100 percent per year, from the initial year's baseline fee, as a result of the revised fee formula and collect the resulting shortfall from generators whose fees were reduced by 25 percent or more as a result of the revised formula. The following steps shall be followed to collect the resulting shortfall from generators whose fees were reduced by 25 percent or more as a result of the revised fee formula: Step 1. The total dollar amount not collected by limiting the fee increases to 100 percent is calculated. Step 2. The total pounds generated by generators whose fees were reduced by 25 percent or more is calculated. Step 3. The supplemental quantity rate is calculated by dividing step 1 by step 2. Step 4. For each generator identified in step 2, the supplemental quantity rate (step 3) is multiplied by the pounds generated and the result is added to the generator's fee.
B. Only those generators whose fees increased by more than 100 percent as a result of the new formula in the first year of implementation are eligible for this annual adjustment and only those generators whose fees decreased by more than 25 percent as a result of the new fee formula in the first year of implementation are eligible for this annual adjustment. During the second, third, and fourth billing cycle following February 12, 2007, the agency shall apply the phase-in provisions to those generators who both qualified during the first billing cycle and still qualify for the phase-in provisions based on their fees calculated during the second and third billing cycle.
**History**
- *Statutory Authority: MS s 116.12*
- *History: 18 SR 1665; 31 SR 985*
##### **Minn. R. 7046.0065** Changes to Fee Formula {#sec-7046.0065 omnilex-key=us-mn-regs-official--agency-167--7046.0065}
Modification to the fee formula must be made through rule amendments.
**History**
- *Statutory Authority: MS s 116.12*
- *History: 18 SR 1665; 31 SR 985*
##### **Minn. R. 7046.0070** Notification of Error {#sec-7046.0070 omnilex-key=us-mn-regs-official--agency-167--7046.0070}
A generator or facility owner or operator that believes that the assessed annual fee is in error shall submit a written explanation of the person's position to the commissioner within ten days of receipt of the invoice. The assessed fee shall be paid as required in part 7046.0020, 7046.0031, or 7046.0040 within the deadline for payment. The commissioner shall, within 60 days of the timely receipt of the person's written explanation, either provide a written explanation of why the fee was not in error and will not be refunded or refund the overpayment if the commissioner finds that the assessed fee was in error.
**History**
- *Statutory Authority: MS s 16A.128; 116.12*
- *History: 8 SR 1781; 11 SR 1993; L 1987 c 186 s 15; 13 SR 1821; 16 SR 1646; 18 SR 1665; 31 SR 985*
## **Chapter 7047** HAZARDOUS WASTE ACCEPTANCE; S/C FACILITY
##### **Minn. R. 7047.0010** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7047.0010 omnilex-key=us-mn-regs-official--agency-167--7047.0010}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7047.0020** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7047.0020 omnilex-key=us-mn-regs-official--agency-167--7047.0020}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7047.0030** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7047.0030 omnilex-key=us-mn-regs-official--agency-167--7047.0030}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7047.0040** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7047.0040 omnilex-key=us-mn-regs-official--agency-167--7047.0040}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7047.0050** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7047.0050 omnilex-key=us-mn-regs-official--agency-167--7047.0050}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7047.0060** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7047.0060 omnilex-key=us-mn-regs-official--agency-167--7047.0060}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7047.0070** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7047.0070 omnilex-key=us-mn-regs-official--agency-167--7047.0070}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
## **Chapter 7048** WASTE DISPOSAL: OPERATORS, INSPECTORS
##### **Minn. R. 7048.0100** Definitions {#sec-7048.0100 omnilex-key=us-mn-regs-official--agency-167--7048.0100}
**Subpart 1. Scope.**
For the purposes of this chapter, the following terms and abbreviations shall have the meanings specified. Terms which are not specifically defined shall be construed to be in conformance with Minnesota Statutes, chapters 115, 115A, and 116, their context, and professional usage.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 3.**
[Repealed by amendment, L 1987 c 186 s 15]
**Subp. 4. Certification.**
"Certification" means a process by which individuals must show competency in their chosen occupation through a combination of work experience, education, training, and successful completion of an examination as set forth in parts 7048.0300 to 7048.1200.
**Subp. 4a. Agency commissioner.**
"Agency commissioner" means the commissioner of the Minnesota Pollution Control Agency or its designated staff.
**Subp. 5. Contact hour.**
"Contact hour" means a pertinent instructional or training session of 50 minutes.
**Subp. 6. Disposal facility.**
"Disposal facility" means a waste facility that is designed or operated for the purpose of disposing of waste on or in the land and has a permit, stipulation agreement, or other written approval from the agency.
**Subp. 7. Equipment operator.**
"Equipment operator" means an individual on the site who performs the necessary actions of properly disposing of the waste.
**Subp. 8. Inspector.**
"Inspector" means any individual who has governmental authority to routinely review waste disposal facilities to determine compliance with applicable statutes, rules, permits, ordinances, or standards. "Inspector" does not include county board members, agency board members, or other individuals employed, appointed, or elected who are not directly involved in routine review of a waste disposal facility. "Inspector" may include individuals who are employed as environmental health specialists or sanitarians, technicians, zoning administrators, county solid waste officers, pollution control specialists, engineers, soil scientists, and hydrologists.
**Subp. 9. Operator.**
"Operator" means any individual responsible for conducting work at a waste disposal facility. "Operator" does not include office personnel, laborers, transporters, corporate directors, elected officials, or other individuals in managerial roles unless such individuals are directly involved in on-site supervision or operation of a waste disposal facility. "Operator" does not include private individuals who store or landspread sewage sludge on property owned or farmed by that individual. "Operator" includes facility managers, supervisors, and equipment operators.
**Subp. 10. Waste.**
"Waste" means solid waste, sewage sludge, hazardous waste and construction debris, as those terms are defined in Minnesota Statutes, section 115A.03.
**History**
- *Statutory Authority: MS s 116.41*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7048.0200** Purpose {#sec-7048.0200 omnilex-key=us-mn-regs-official--agency-167--7048.0200}
This chapter implements the requirement of Minnesota Statutes, section 116.41, subdivision 2, that the Minnesota Pollution Control Agency shall require operators and inspectors of waste disposal facilities to obtain a certificate of competency from the agency.
**History**
- *Statutory Authority: MS s 116.41*
##### **Minn. R. 7048.0300** Classification of Disposal Facilities {#sec-7048.0300 omnilex-key=us-mn-regs-official--agency-167--7048.0300}
The agency adopts the following classifications of disposal facilities for training and certification purposes:
A. Type I: A type I facility is any disposal facility that accepts hazardous waste.
B. Type II: A type II facility is any disposal facility that accepts solid waste; or a facility permitted to dispose sewage sludge with solid waste; or a facility that uses the landfill method for sewage sludge disposal. This facility type includes sanitary landfills, modified sanitary landfills, and sewage sludge landfills.
C. Type III: A type III facility is any disposal facility that accepts only nonhazardous source-specific waste from industrial processes or construction debris. This facility type includes demolition landfills and industrial waste landfills.
D. Type IV: A type IV facility is any disposal facility that applies on the land any sewage sludge or semisolids from commercial or industrial operations.
E. Type V: A type V facility is any disposal facility that applies on the land any nonhazardous liquid waste from commercial, industrial, or agricultural operations.
**History**
- *Statutory Authority: MS s 116.41*
##### **Minn. R. 7048.0400** Certification Committee {#sec-7048.0400 omnilex-key=us-mn-regs-official--agency-167--7048.0400}
**Subpart 1. Establishment.**
The agency shall establish a certification committee consisting of 11 voting members and two nonvoting members. The voting members shall be appointed by the agency for three-year terms and shall serve without compensation. The initial appointments shall be four three-year terms, four two-year terms and three one-year terms. The initial term lengths will be determined by lot once the appointments are made. There shall be equal representation of operators and inspectors on the committee. There shall be one citizen representative. Not more than one voting member shall be a member of the agency staff. Voting members, except the citizen representative, must be certified. There shall be two nonvoting members who are agency staff members responsible for training and certification. Robert's Rules of Order shall govern committee meetings.
**Subp. 2. Committee duties.**
The committee shall maintain accurate records of all meetings. The committee shall also review and make recommendations in the following areas to the agency commissioner or, when appropriate, to the agency:
A. applicants to be certified based on information provided in their applications and examination results;
B. changes to this chapter;
C. changes in examinations and training to meet needs;
D. action on operator and inspector complaints relating to certification and training; and
E. the number of initial or renewal contact hours to be given for nonagency training courses.
**Subp. 3. Transitional committee.**
The advisory committee that was established by the agency commissioner to develop this chapter shall function as the certification committee until September 1984.
**History**
- *Statutory Authority: MS s 116.41*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7048.0500** Individuals Required to Be Certified {#sec-7048.0500 omnilex-key=us-mn-regs-official--agency-167--7048.0500}
**Subpart 1. Operators.**
Operators of waste disposal facilities shall be certified to operate the appropriate type of facility. The number of certified operators at a waste disposal facility which has three or fewer operators shall be at least one. The number of certified operators at a waste disposal facility which has four to seven operators shall be at least two. The number of certified operators at a waste disposal facility that has eight or more operators shall be at least three.
**Subp. 2. Inspectors.**
Inspectors of waste disposal facilities shall be certified to inspect the appropriate type of facility.
**Subp. 3. Waiver.**
Operators of type V facilities that are certified under parts 9400.0200 to 9400.1500 are not required to be certified under this chapter unless they also operate a land application facility for solids or semisolids. Operators of type V facilities shall have the option to be certified under parts 9400.0200 to 9400.1500 or this chapter.
**History**
- *Statutory Authority: MS s 115.72; 116.41*
- *History: 21 SR 1165*
##### **Minn. R. 7048.0600** Certification; Facility Operators {#sec-7048.0600 omnilex-key=us-mn-regs-official--agency-167--7048.0600}
**Subpart 1. In general.**
To be certified an operator must demonstrate the skill, knowledge, and experience necessary to operate the appropriate type of facility by qualifying for and passing the appropriate examination required by part 7048.0900.
**Subp. 2. Type I requirements.**
Before taking an examination, an applicant for certification as an operator of a type I facility shall:
A. have a bachelor's degree in an appropriate branch of biological, physical, or chemical science or engineering or equivalent experience;
B. complete at least 15 contact hours of training offered through the agency or other training courses approved by the agency commissioner which are designed to ensure competency at a type I facility within three years prior to the date of application; and
C. have at least six months work experience as a type I facility operator.
**Subp. 3. Type II requirements.**
Before taking an examination, an applicant for certification as an operator of a type II facility shall:
A. have a high school diploma or equivalent or equivalent experience;
B. complete at least 15 contact hours of training offered through the agency or other training courses approved by the agency commissioner which are designed to ensure competency at a type II facility within three years prior to the date of application; and
C. have at least six months work experience as a type II facility operator.
**Subp. 4. Type III requirements.**
Before taking an examination, an applicant for certification as an operator of a type III facility shall complete at least four contact hours of training offered through the agency or other training courses approved by the agency commissioner which are designed to ensure competency at a type III facility within three years prior to the date of application.
**Subp. 5. Type IV requirements.**
Before taking an examination, an applicant for certification as an operator of a type IV facility shall:
A. have a high school diploma or equivalent or equivalent experience;
B. complete at least nine contact hours of training offered through the agency or other training courses approved by the agency commissioner which are designed to ensure competency at a type IV facility within three years prior to the date of application; and
C. have at least six months work experience as a type IV facility operator.
**Subp. 6. Type V requirements.**
Before taking an examination, an applicant for certification as an operator of a type V facility shall:
A. within the three years before the date of application, complete at least nine contact hours of training courses offered through the agency or other training courses approved by the agency commissioner which are designed to ensure competency at a type V facility; and
B. have at least one spray season's work experience as a type V facility operator.
**History**
- *Statutory Authority: MS s 116.41*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7048.0700** Certification; Facility Inspectors {#sec-7048.0700 omnilex-key=us-mn-regs-official--agency-167--7048.0700}
**Subpart 1. In general.**
To be certified, an inspector shall demonstrate the knowledge, skill, education, and experience necessary to inspect the appropriate type of waste disposal facility by qualifying for and passing a written examination required by part 7048.0900.
**Subp. 2. Facility inspector requirements.**
An individual who seeks certification as an inspector of a waste disposal facility shall meet the same educational requirements and contact hours of training outlined for operators of the corresponding facility types as specified in part 7048.0600 before taking an examination. Each applicant shall also have conducted at least ten inspections of the appropriate type of waste disposal facility in the presence of a certified inspector. This inspection requirement does not apply to inspectors of type I facilities until 24 months after a type I facility is given a permit to operate in this state.
**Subp. 3. Waiver.**
The agency commissioner shall waive the requirement of subpart 2 for supervised inspections for individuals applying for an inspector certificate by September 1984 if the applicant produces evidence of employment as an inspector for that type of facility for at least one year immediately preceding application and has conducted at least ten inspections of the appropriate facility type during that year.
**History**
- *Statutory Authority: MS s 116.41*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7048.0800** Application for Examination {#sec-7048.0800 omnilex-key=us-mn-regs-official--agency-167--7048.0800}
**Subpart 1. Form.**
Application for examination shall be made in writing on a form provided by the agency commissioner and shall be submitted at least 15 days prior to the examination date.
**Subp. 2. Fee.**
The examination fee shall accompany the application.
**Subp. 3. Application review.**
The agency commissioner shall review the application for certification and determine the accuracy of the information included in the application. If the agency commissioner determines that additional information or documentation is necessary to assess the eligibility of the applicant to take the examination, the commissioner shall notify the applicant. The applicant shall provide the information prior to examination.
**Subp. 4. Notification.**
The agency commissioner shall notify an applicant of eligibility for examination at least five days before the examination date.
**History**
- *Statutory Authority: MS s 116.41*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7048.0900** Examinations {#sec-7048.0900 omnilex-key=us-mn-regs-official--agency-167--7048.0900}
**Subpart 1. Content.**
The agency commissioner shall prepare separate operator and inspector examinations for the different types of waste disposal facilities. The examinations shall test the applicant's knowledge in any one or more of the following areas: basic math, science, public health, rules and laws, facility operation, and facility maintenance.
**Subp. 2. Testing conditions.**
The examination shall be closed book.
**Subp. 3. Passing grade.**
A minimum grade of 70 percent shall be required to pass.
**Subp. 4. Results; review.**
The agency commissioner shall notify the applicant in writing of the examination results. Examinations shall not be returned to the applicant. Upon request, within 60 days after notification of the results, the applicant shall be allowed to review the examination.
**Subp. 5. Reexamination.**
An applicant who fails to pass the examination shall not retake the same examination for a period of three months.
**History**
- *Statutory Authority: MS s 116.41*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7048.1000** Certificates {#sec-7048.1000 omnilex-key=us-mn-regs-official--agency-167--7048.1000}
**Subpart 1. Certificate requirements.**
A. Operators shall not be allowed to inspect facilities unless they have a valid inspector certificate.
B. Operators having a type II facility operator certificate shall be allowed to operate a type III facility.
C. Inspectors shall not be allowed to operate facilities unless they have a valid operators certificate.
D. Inspectors having a type II facility inspector certificate shall be allowed to inspect a type III facility.
**Subp. 2. Issuance.**
Certificates shall be issued by the agency commissioner when all necessary conditions prescribed in parts 7048.0100 to 7048.1200 have been met. Certificates shall be valid for three years.
**Subp. 3. Renewal.**
A certified individual shall apply for certificate renewal within 30 days of certificate expiration. Renewal certificates shall be issued by the agency commissioner when the agency commissioner receives the application, renewal fee, and evidence that the person has, during the preceding three years, obtained credit for attending training courses offered through the agency or other waste disposal facility training courses approved by the agency commissioner for the number of contact hours specified in subpart 4 for the appropriate type of facility. Individuals who are certified under both this chapter and parts 9400.0200 to 9400.1500 shall be allowed to renew their type IV certificate by submitting the renewal application, fee and information required by parts 9400.0200 to 9400.1500 and evidence of completion of the training hours specified in subpart 4. After confirming that the individual meets the requirements for certificate renewal, the agency commissioner shall issue one certificate which evidences renewal of both the certificate issued under this chapter and the certificate issued under parts 9400.0200 to 9400.1500.
**Subp. 4. Required training for renewal.**
Required training for facility certificate renewal is as follows:
A. type I, 18 contact hours;
B. type II, 18 contact hours;
C. type III, 6 contact hours;
D. type IV, 6 contact hours; and
E. type V, 6 contact hours.
**Subp. 5. Course list.**
The agency commissioner shall annually prepare and make available to the operators and inspectors a list of accredited training courses and approved educational activities for which credit may be obtained.
**Subp. 6. Reinstatement.**
An individual whose certificate has expired may apply to the agency commissioner for reinstatement of the certificate in the same classification. Before a certificate will be reissued the individual must submit the following:
A. an application for reinstatement;
B. a nonrefundable fee for a reinstatement certificate; and
C. evidence of completion of the minimum number of contact hours described in subpart 3 since the certificate was last issued or renewed.
**Subp. 7. Denying reinstatement.**
An individual who is denied reinstatement shall follow the procedure imposed for a new applicant. In such cases the reinstatement fee shall be credited towards the fee for examination and new certificate.
**Subp. 8. Reciprocity.**
Operators or inspectors who are certified in states other than Minnesota shall be entitled to certification to operate or inspect the appropriate type of facility in Minnesota if they can provide evidence of meeting requirements equivalent to those of this chapter.
**History**
- *Statutory Authority: MS s 115.72; 116.41*
- *History: L 1987 c 186 s 15; 21 SR 1165; 43 SR 1276*
##### **Minn. R. 7048.1100** Fees {#sec-7048.1100 omnilex-key=us-mn-regs-official--agency-167--7048.1100}
**Subpart 1. Fee schedule.**
Fees for certification shall be as follows:
A. application examination, $15;
B. issuance of certificate, $15;
C. reexamination from failure to pass an examination, $15;
D. renewal of certificate, $15;
E. replacement certificate, $5; and
F. reinstatement or reciprocity certificate, $30.
**Subp. 2. Refunding fees.**
The agency commissioner shall return fees received only from individuals who are rejected for examination.
**History**
- *Statutory Authority: MS s 116.41*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7048.1200** Sanctions {#sec-7048.1200 omnilex-key=us-mn-regs-official--agency-167--7048.1200}
**Subpart 1. Criteria.**
The agency commissioner shall refuse to issue, renew, or reinstate a certificate, suspend or revoke a certificate, or use any lesser remedy against an individual for any of the following reasons:
A. submission of false or misleading information or credentials in order to obtain or renew a certificate;
B. failure to meet the requirements for renewal certification; or
C. incompetency, negligence, or inappropriate conduct in the performance of operator or inspector duties.
**Subp. 2. Investigation.**
Upon receiving a signed written complaint which alleges the existence of grounds for sanctions against a certified individual, the agency commissioner shall initiate an investigation. No revocation, suspension, or other sanction shall be imposed before notice is given to the certified individual and an opportunity for a contested case hearing is provided.
**Subp. 3. Procedures.**
Procedures for contested case hearings shall comply with the provisions of the Administrative Procedures Act, Minnesota Statutes, chapter 14.
**Subp. 4. Returning certificate.**
Upon revocation or suspension, certified individuals shall return to the agency their certificate and current renewal certificates.
**Subp. 5. Recertification.**
An individual whose certificate has been revoked shall not be entitled to apply for recertification until at least one year following the effective date of revocation or for any longer period of time specified in the revocation order.
**Subp. 6. Reinstatement after suspension.**
The agency commissioner shall reinstate a suspended certificate if the individual whose certificate has been suspended fulfills the terms of the suspension order and meets all applicable requirements of the rules for obtaining a certificate.
**History**
- *Statutory Authority: MS s 116.41*
- *History: L 1987 c 186 s 15*
##### **Minn. R. 7048.1300** Certification Deadlines {#sec-7048.1300 omnilex-key=us-mn-regs-official--agency-167--7048.1300}
Individuals requiring certification who are employed on September 13, 1982, as operators or inspectors of a disposal facility shall obtain certification by September 1984. Except as provided in this chapter, individuals newly employed after September 13, 1982, must become certified within ten months after obtaining employment. During this ten-month time period, they shall be allowed to operate or inspect the appropriate type of waste disposal facility if they meet the educational requirements necessary for certification and, within 30 days after obtaining employment, submit their application for certification and a signed statement of intention to complete all other requirements for certification within the ten-month time period.
**History**
- *Statutory Authority: MS s 116.41*
## **Chapter 7049** WASTEWATER PRETREATMENT
##### **Minn. R. 7049.0100** Purpose, Objective, and Intent {#sec-7049.0100 omnilex-key=us-mn-regs-official--agency-167--7049.0100}
This chapter implements the requirements of the federal general pretreatment regulations in Code of Federal Regulations, title 40, part 403, and the pretreatment provisions of national categorical pretreatment regulations in Code of Federal Regulations, title 40, chapter I, subchapter N, and implements the authorities of Minnesota Statutes, section 115.03, subdivision 1, paragraph (e), clause (2). This chapter establishes the responsibilities of the state, local governments, and the public to control pollutants introduced into a publicly owned treatment works (POTW) and prevent the introduction of pollutants into a POTW. This chapter is intended to:
A. prevent or control the introduction of pollutants that are incompatible with a POTW plant;
B. prevent the pass-through of pollutants through a POTW plant without adequate treatment; and
C. prevent interference with a POTW physical plant; collection system; physical, chemical, or biological processes; personnel; or disposal of residuals. The objective of this chapter is to provide for the prevention or control of pollutants entering a POTW plant that can cause or contribute to the violation by the POTW of any state or federal environmental rule or regulation prohibiting or limiting pollutant release. It is also the intent of this chapter to improve opportunities to recycle and reclaim municipal and industrial wastewaters, sludges, and other residuals.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0110** Applicability {#sec-7049.0110 omnilex-key=us-mn-regs-official--agency-167--7049.0110}
This chapter applies to:
A. pollutants from nondomestic sources that are discharged into POTWs, transported by truck or rail, or otherwise introduced into POTWs;
B. nondomestic sources that discharge pollutants into POTWs, transport pollutants by truck or rail, or otherwise introduce pollutants into POTWs; and
C. POTWs that receive wastewater from nondomestic sources. This chapter does not apply to sources that introduce pollutants to a sewer not connected to a POTW treatment plant.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0120** Definitions {#sec-7049.0120 omnilex-key=us-mn-regs-official--agency-167--7049.0120}
**Subpart 1. Scope.**
The definitions in this part apply to this chapter.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency. Rights and authorities of the agency may be exercised by any member of, employee of, agent of, or consultant to the agency, when authorized by it, upon presentation of credentials.
**Subp. 3. Best management practices or BMPs.**
"Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in part 7049.0140. BMPs include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
**Subp. 4. Categorical industrial user.**
"Categorical industrial user" means an industrial user that is subject to national categorical pretreatment standards.
**Subp. 5. Categorical pretreatment standards or national categorical pretreatment standards.**
"Categorical pretreatment standards" or "national categorical pretreatment standards" means the pretreatment standards from federal regulations that are incorporated by reference in part 7049.0310.
**Subp. 6. Control authority.**
"Control authority" means the following governmental entity that has authority and responsibility to implement specific pretreatment standards for a specific industrial user:
A. the receiving POTW authority is the control authority for purposes of preventing interference or pass-through and for implementing all local pretreatment prohibitions, limitations, or requirements, including limitations required by this chapter; and
B. for the purpose of regulating industrial users subject to the national categorical pretreatment standards, the control authority is the receiving POTW authority if the receiving POTW authority has been delegated pretreatment authority under parts 7049.0800 to 7049.1020. If the receiving POTW authority has not been delegated authority under parts 7049.0800 to 7049.1020, the agency is the control authority for the purpose of implementing national categorical pretreatment standards. The POTW authority remains the control authority for item A.
**Subp. 7. Federal delegated pretreatment program.**
"Federal delegated pretreatment program" means a pretreatment program administered by a POTW authority that meets the criteria in parts 7049.0800 to 7049.0870 and has been approved by the agency under parts 7049.0880 to 7049.0960.
**Subp. 8. Indirect discharge or discharge.**
"Indirect discharge" or "discharge" means the introduction of pollutants into a POTW, whether by sewer or other means.
**Subp. 9. Industrial user.**
"Industrial user" means a nondomestic source of indirect discharge.
**Subp. 10. Interference.**
"Interference" means a discharge that, alone or in conjunction with a discharge or discharges from other sources:
A. inhibits or disrupts a POTW plant, its treatment processes or operations, or its sludge processes, use, or disposal; and
B. is, therefore, a cause of a violation, including an increase in the magnitude or duration of a violation, of any permit or rule controlling, prohibiting, or limiting the release of pollutants from the POTW plant into the environment.
**Subp. 11. New source.**
A. "New source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed national categorical pretreatment standards under section 307(c) of the Clean Water Act, United States Code, title 33, which will be applicable to the source if the categorical standards are adopted according to that section, provided that:
B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of item A, subitem (2) or (3), but otherwise alters, replaces, or adds to existing process or production equipment.
C. Construction of a new source as defined in this part has commenced if the owner or operator has undertaken any of the following:
**Subp. 12. Pass-through.**
"Pass-through" means a discharge that exits a POTW plant into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of violating a requirement of any permit, rule, regulation, or ordinance controlling, prohibiting, or limiting the release of pollutants from the POTW plant into the environment, including an increase in the magnitude or duration of a violation.
**Subp. 13. Pollutant of concern.**
"Pollutant of concern" means a pollutant that is or may be discharged by an industrial user to a POTW and that is, or reasonably should be, of concern to the POTW on the basis that it may cause interference or pass-through.
**Subp. 14. POTW authority.**
"POTW authority" means the governmental authority that holds the permit for a POTW plant.
**Subp. 15. POTW collection system.**
"POTW collection system" means the sewers, pipes, appurtenances, and other conveyances used to convey wastewater to a POTW plant. This definition includes the physical plant and processes of the POTW collection system and the personnel who operate and maintain the POTW collection system.
**Subp. 16. POTW plant.**
"POTW plant" means the treatment works that is owned by a municipality, as defined in Minnesota Statutes, section 115.41. This definition includes the physical plant and the physical, chemical, and biological processes used in the storage, treatment, recycling, and reclamation of municipal sewage and sewered industrial waste. This definition includes the POTW collection system and the personnel who operate and maintain the POTW plant.
**Subp. 17. Pretreatment.**
"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater before or in lieu of discharging or otherwise introducing pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or other means, except as prohibited by part 7049.0300, subpart 4. Appropriate pretreatment technology includes, but is not limited to, control equipment, such as equalization tanks or facilities, for protection against surges or slug discharges that might interfere with or otherwise be incompatible with the receiving POTW. However, when process effluent limited by categorical pretreatment standards is mixed with wastewater other than those generated by processes limited by the same categorical pretreatment standard, the effluent must meet, after pretreatment, the alternate limits for the combined effluent calculated using the combined waste stream formula as provided in part 7049.0350.
**Subp. 18. Pretreatment requirements.**
"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.
**Subp. 19. Pretreatment standard.**
"Pretreatment standard" means any state or local law, rule, or ordinance containing pollutant discharge limits or prohibitions, applicable to discharges to a POTW. Pretreatment standard includes all standards or limits contained in or required by this chapter. Where more than one standard or limit applies, the most restrictive is controlling.
**Subp. 20. Publicly owned treatment works or POTW.**
"Publicly owned treatment works" or "POTW" means a treatment works as defined in Minnesota Statutes, section 115.01, subdivision 21, that is owned by a state or municipality as defined by section 502(4) of the Clean Water Act, United States Code, title 33, section 1362(4), and Minnesota Statutes, section 115.41. This term includes "POTW plant" and "POTW authority."
**Subp. 21. Receiving POTW.**
"Receiving POTW" means the POTW that receives the wastewater discharge from an industrial user.
**Subp. 22. Regulated process waste stream or regulated process.**
"Regulated process waste stream" or "regulated process" means a wastewater stream or process that is subject to national categorical pretreatment standards.
**Subp. 23. Required pretreatment standard.**
"Required pretreatment standard" means a pretreatment standard that a POTW is required to implement and enforce as set forth in part 7049.0650.
**Subp. 24. Significant industrial user.**
A. "Significant industrial user" means an industrial user that:
B. An industrial user that meets the criteria in item A may be designated "not significant" by the POTW authority on the basis that it has no reasonable potential to impact the POTW plant and has no reasonable potential to violate required pretreatment standards.
C. An industrial user that is subject to national categorical pretreatment standards shall also be considered a significant industrial user by any POTW authority that operates a federal delegated pretreatment program approved under parts 7049.0800 to 7049.1020, except as provided in item D.
D. The POTW may determine that an industrial user subject to national categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day of total categorical wastewater, excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard, and the industrial user:
**Subp. 25. Significant noncompliance.**
An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
A. chronic violations of wastewater discharge limits, defined in this part as those in which 66 percent or more of all of the measurements taken during a six-month period exceed, by any magnitude, a numeric pretreatment standard or requirement;
B. technical review criteria (TRC) violations, defined in this part as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of a numeric pretreatment standard or requirement multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
C. any other violation of a pretreatment standard or requirement that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
D. any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the receiving POTW authority's exercise of its emergency authority to halt or prevent such a discharge;
E. failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
F. failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. failure to accurately report noncompliance; or
H. any other violation or group of violations, which may include a violation of best management practices, that the POTW authority determines will adversely affect the operation or implementation of the local pretreatment program.
**Subp. 26. Slug discharge.**
"Slug discharge" means a discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through or in any other way violate the POTW's regulations, local limits, or individual control mechanism conditions.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0130** Local Law {#sec-7049.0130 omnilex-key=us-mn-regs-official--agency-167--7049.0130}
Industrial users shall comply with the limitations imposed by the receiving POTW. Except as provided in part 7049.0300, subpart 1, and permits issued under that part, industrial users shall report to the receiving POTW. Nothing in this chapter is intended to affect any pretreatment requirements, standards, or prohibitions established by local law, as long as any local requirement is not less stringent than any set forth in this chapter.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0140** Pretreatment Standards; Prohibited Discharges {#sec-7049.0140 omnilex-key=us-mn-regs-official--agency-167--7049.0140}
**Subpart 1. Scope.**
The prohibitions in this part apply to every source of indirect discharge whether or not it is subject to other pretreatment requirements.
**Subp. 2. General prohibitions.**
A source of indirect discharge shall not introduce any pollutants that cause pass-through or interference.
**Subp. 3. Specific prohibitions.**
In addition to the general prohibitions in subpart 2, the following pollutants shall not be introduced into a POTW:
A. pollutants that create a fire or explosion hazard in a POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade using the test methods specified in Code of Federal Regulations, title 40, section 261.21;
B. pollutants that will cause corrosive structural damage to a POTW, but in no case discharges with a pH lower than 5.0, unless the POTW plant is specifically designed to accommodate such discharges;
C. solid or viscous pollutants in amounts that will cause obstruction to the flow in a POTW plant or POTW collection system resulting in interference;
D. any pollutant, including oxygen-demanding pollutants such as biochemical oxygen demand, released in a discharge at a flow rate or pollutant concentration that will cause interference or pass-through at a POTW plant;
E. heat in amounts that will inhibit biological activity in a POTW plant resulting in interference, but in no case heat in such quantities that the temperature at the headworks of the receiving POTW plant, excluding the POTW collection system, exceeds 104 degrees Fahrenheit or 40 degrees centigrade unless the agency, upon request of the POTW authority, approves alternate temperature limits;
F. petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through; or
G. pollutants that result in the presence of toxic gases, vapors, or fumes within a POTW plant in a quantity that may cause acute worker health and safety problems.
**Subp. 4. Discharge.**
Wastes trucked or hauled to a POTW shall be discharged only at a point designated by the POTW authority.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0150** Affirmative Defense for Violations {#sec-7049.0150 omnilex-key=us-mn-regs-official--agency-167--7049.0150}
An industrial user has an affirmative defense in any action brought against it alleging a violation of the general prohibitions in part 7049.0140, subpart 2, and the specific prohibitions in part 7049.0140, subpart 3, items C to G, when the industrial user can demonstrate that:
A. the industrial user did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference; and
B. (1) a local limit designed to prevent pass-through or interference was developed according to part 7049.0600, subpart 2, or 7049.0850 for each pollutant in the industrial user's discharge that caused pass-through or interference and the industrial user was in compliance with each such local limit directly prior to and during the pass-through or interference; or
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0160** Confidentiality {#sec-7049.0160 omnilex-key=us-mn-regs-official--agency-167--7049.0160}
Except for data determined to be confidential according to Minnesota Statutes, section 116.075, subdivision 2, all reports required by this chapter must be available for public inspection. Data on indirect discharges is not confidential. To request the agency to maintain data as confidential, the POTW authority or industrial user supplying the information shall comply with part 7000.1300.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0161** Criminal Violations {#sec-7049.0161 omnilex-key=us-mn-regs-official--agency-167--7049.0161}
Industrial users, significant industrial users, and POTWs under this chapter are subject to Minnesota Statutes, section 609.671.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0162** Record Keeping {#sec-7049.0162 omnilex-key=us-mn-regs-official--agency-167--7049.0162}
**Subpart 1. Requirements for monitoring activities.**
Anyone required by this chapter to perform any record keeping or monitoring activities shall maintain records of all information required by this chapter, including documentation associated with best management practices. The records shall include for all samples:
A. the date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
B. the dates analyses were performed;
C. who performed the analyses;
D. the analytical techniques or methods used; and
E. the results of the analyses.
**Subp. 2. Retention of records.**
Anyone subject to monitoring or reporting requirements under this chapter, including documentation associated with best management practices, shall retain for a minimum of three years:
A. records of monitoring activities and results, whether or not the monitoring activities are required by this subpart; and
B. reports created, submitted, or required to be submitted under this chapter. The period of retention shall be extended during the course of any unresolved enforcement action regarding an industrial user or a POTW or when requested by the agency.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0163** Information, Records, and Access {#sec-7049.0163 omnilex-key=us-mn-regs-official--agency-167--7049.0163}
**Subpart 1. Duty to provide information.**
A person who operates a POTW or a source of indirect discharge and is regulated by this chapter has a duty, when requested by the agency, to furnish to the agency any information the person has or may readily obtain that is relevant to the indirect discharge.
**Subp. 2. Examination of records.**
The agency may examine and copy any books, papers, paper and electronic records, or memoranda from a person who has a duty to provide information that the person has or may readily obtain and that are relevant to an indirect discharge, pass-through, or interference.
**Subp. 3. Access to premises.**
The agency shall have access to property for the purpose of implementing this chapter as provided in Minnesota Statutes, section 115.04, subdivision 3.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0200** Reporting and Monitoring {#sec-7049.0200 omnilex-key=us-mn-regs-official--agency-167--7049.0200}
**Subpart 1. Reporting requirements for significant industrial users.**
Except as provided in part 7049.0570, subpart 2, significant industrial users shall submit to the control authority at least once every six months or as frequently as required by the control authority, on dates specified by the control authority, a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. In cases where a local limit requires compliance with a best management practice or pollution control alternative, the industrial user shall submit documentation required by the control authority to determine the compliance status of the industrial user.
**Subp. 2. Monitoring of significant industrial users.**
All monitoring performed to provide information on a discharge from a significant industrial user must be representative of the industrial process discharge or the total discharge from the significant industrial user to the receiving POTW, except when monitoring for compliance with categorical pretreatment standards requires that the monitoring be representative of a specific process wastewater. All periodic monitoring reports required by this chapter must be based upon data obtained during the period covered by the report and on sampling and analysis performed in the period covered by the report and must be performed according to the techniques described in Code of Federal Regulations, title 40, part 136, as amended. The data must be representative of conditions occurring during the reporting period.
**Subp. 3. Pollutants to be monitored for.**
Except in the case of nonsignificant categorical industrial users, and as provided in parts 7049.0570, subpart 3, and 7049.0710, the reports required in this part and parts 7049.0500 to 7049.0570 shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass when requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards.
**Subp. 4. Types of samples.**
Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. When time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user's file for that facility or facilities. Using protocols, including appropriate preservation, specified in Code of Federal Regulations, title 40, part 136, and appropriate Environmental Protection Agency guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field and for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures documented in approved Environmental Protection Agency methodologies may be authorized by the control authority, as appropriate. For sampling required in support of baseline monitoring and 90-day compliance reports required in parts 7049.0500 to 7049.0570, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the periodic monitoring reports required by this part and part 7049.0570, the control authority shall require the number of grab samples necessary to assess and ensure compliance by industrial users with applicable pretreatment standards and requirements.
**Subp. 5. POTW may monitor in lieu of industrial user.**
Sampling and analysis of the discharges from industrial users required by this part may be performed by the POTW in lieu of the industrial user. When the POTW collects all the information required for the report, including flow data, the industrial user is not required to submit the monitoring reports required under parts 7049.0200 to 7049.0590, unless required by the POTW authority.
**Subp. 6. Include all monitoring results.**
If an industrial user monitors any regulated pollutant more frequently than required by the control authority, at the appropriate sampling point, using the procedures approved for that monitoring, the results of the monitoring shall be included in the relevant report to the control authority.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0210** Notice {#sec-7049.0210 omnilex-key=us-mn-regs-official--agency-167--7049.0210}
**Subpart 1. Notice of potential problems; slug discharges.**
All industrial users shall notify the receiving POTW immediately of all discharges by the industrial user that could cause problems to the POTW plant, including any slug discharge.
**Subp. 2. Notification and repeat sampling in case of violation.**
If sampling performed by an industrial user indicates a violation, the industrial user shall notify its control authority, and its receiving POTW if the POTW is not the control authority, within 24 hours of becoming aware of the violation. The industrial user shall repeat the sampling and analysis and submit the results of the repeat analysis to its control authority within 30 days after becoming aware of the violation. When the POTW has performed the sampling and analysis in lieu of the industrial user, the POTW shall perform the repeat sampling and analysis unless it notifies the industrial user of the violation and requires the industrial user to perform the repeat analysis. Unless directed by the POTW authority, resampling is not required if:
A. the POTW performs sampling at the industrial user at a frequency of at least once per month; or
B. the POTW performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the POTW receives the results of the sampling.
**Subp. 3. Notification of changed discharge.**
An industrial user shall promptly notify the receiving POTW in advance of any substantial change in the volume or character of pollutants in the industrial user's discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under subpart 4. When the agency is the control authority, the industrial user shall also notify the agency.
**Subp. 4. Sewered hazardous waste notification.**
A. If an industrial user discharges 15 kilograms or more of a substance in any month into a POTW that, if otherwise disposed of, would be a hazardous waste under chapter 7045, or if an industrial user discharges any amount of a substance into a POTW that, if otherwise disposed of, would be an acute hazardous waste under chapter 7045, the industrial user shall submit a written sewered hazardous waste notification to the receiving POTW, the Environmental Protection Agency regional waste management division director, and the agency hazardous waste program. Any notification under this subpart need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under subpart 3.
B. (1) A sewered hazardous waste notification must include the name of the hazardous waste as set forth in chapter 7045, the Environmental Protection Agency hazardous waste number, and the type of discharge (continuous, batch, or other).
C. Industrial users shall provide the sewered hazardous waste notification no later than 180 days after the discharge of:
D. The notification requirement in this subpart does not apply to pollutants already reported in a baseline monitoring report, 90-day compliance report, or periodic report on continued compliance as required in parts 7049.0500 to 7049.0570.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0220** Signatory Requirements for Industrial User Reports {#sec-7049.0220 omnilex-key=us-mn-regs-official--agency-167--7049.0220}
A. All required reports must be signed by:
B. Reports may be signed by a duly authorized representative of an individual designated in item A if the conditions in item D are satisfied.
C. For the purpose of this part, "responsible corporate officer" means:
D. Reports may be signed by a duly authorized representative of an individual designated in item A if the authorization:
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0300** Application of National Categorical Pretreatment Standards {#sec-7049.0300 omnilex-key=us-mn-regs-official--agency-167--7049.0300}
**Subpart 1. Requirements to comply.**
A. Industrial users that are subject to one or more of the national categorical pretreatment standards listed in part 7049.0310, as described in the relevant applicability sections of the national categorical pretreatment standards, must comply with the appropriate categorical pretreatment standards.
B. Except when the authority to implement these regulations is specifically delegated to the receiving POTW under parts 7049.0800 to 7049.1020, the agency is the control authority for national categorical pretreatment standards and has the authority to enforce categorical pretreatment standards directly on all industrial users subject to them.
C. POTW authorities with delegated pretreatment programs approved under parts 7049.0800 to 7049.1020 are the control authority for industrial users subject to national categorical pretreatment standards for which they are the receiving POTW. The agency retains the authority to oversee the POTW's implementation of national categorical pretreatment standards. The agency also retains the authority to enforce the national categorical pretreatment standards when the POTW fails to do so.
D. Where the agency is the control authority, control shall be implemented via general and individual state disposal system permits or other regulatory documents. Industrial users subject to national categorical pretreatment standards for whom the agency is the control authority shall maintain on-site plans and specifications for pretreatment and pretreatment equipment needed to comply with pretreatment standards.
**Subp. 2. Deadline for compliance with national categorical pretreatment standards.**
The deadline for compliance with national categorical pretreatment standards is the compliance date contained in the applicable regulation listed in part 7049.0310, but not later than three years after the effective date of the applicable regulation. A new source shall install, have in operating condition, and start up all pollution control equipment required to meet applicable categorical pretreatment standards before beginning to discharge. Within the shortest feasible time, not to exceed 90 days, a new source must meet all applicable categorical pretreatment standards. Existing sources that become industrial users subsequent to adoption of an applicable categorical pretreatment standard shall be considered existing industrial users, except when the sources meet the definition of a new source.
**Subp. 3. Concentration and mass limits.**
A. Pollutant discharge limits in categorical pretreatment standards are expressed either as concentration or mass limits. Limits in categorical pretreatment standards shall apply to the effluent of the process regulated by the standard, or as otherwise specified by the standard.
B. If the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the control authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.
C. A control authority calculating equivalent mass-per-day limitations under item B shall calculate the limitations by multiplying the limits in the categorical pretreatment standard by the industrial user's average rate of production. The average rate of production shall be based on a reasonable measure of the industrial user's actual long-term daily production, such as the average daily production during a representative year, and not on the designed production capacity. For new sources, average production shall be estimated using projected production.
D. A control authority calculating equivalent concentration limitations under item B shall calculate the limitations by dividing the mass limitations derived under item C by the average daily flow rate of the industrial user's regulated process waste stream. The average daily flow rate shall be based on a reasonable measure of the industrial user's actual long-term average flow rate, such as the average daily flow rate during the representative year.
E. When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the control authority convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the control authority. The control authority may establish equivalent mass limits only if the industrial user meets all the conditions in this item.
F. The control authority may convert the mass limits of the categorical pretreatment standards in Code of Federal Regulations, title 40, parts 414, 419, and 455, to concentration limits for purposes of calculating limitations applicable to individual industrial users. When converting such limits to concentration limits, the control authority must use the concentrations listed in the applicable subparts of Code of Federal Regulations, title 40, parts 414, 419, and 455, and document that dilution is not being substituted for treatment as prohibited by subpart 4.
G. Equivalent limitations calculated according to this part are required pretreatment standards for purposes of this chapter. Industrial users shall comply with the equivalent limitations in lieu of the adopted categorical standards from which the equivalent limitations were derived.
H. Many categorical pretreatment standards specify both a maximum daily discharge limitation and a maximum monthly average, or four-day average, limitation. If the standards are being applied, the same production or flow figure shall be used in calculating both types of equivalent limitations.
I. Any industrial user operating under a control mechanism incorporating equivalent mass or concentration limits calculated from a national categorical pretreatment standard that incorporates production-based standards shall notify the control authority within two business days after the industrial user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any industrial user that does not notify its control authority of an anticipated change must meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate.
**Subp. 4. Dilution prohibited.**
Except when expressly authorized to do so by an applicable pretreatment standard or requirement, an industrial user shall not increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The control authority may impose mass limitations on industrial users that have used or are using dilution to meet applicable pretreatment standards or in other cases where the imposition of mass limitations is appropriate.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0310** National Categorical Pretreatment Standards Adopted {#sec-7049.0310 omnilex-key=us-mn-regs-official--agency-167--7049.0310}
**Subpart 1. Adoption.**
The pretreatment standards for existing sources, pretreatment standards for new sources, and all supporting provisions relevant to these standards contained in the following federal point source category regulations and all future amendments are adopted by reference and incorporated in this part:
**Subp. 2. Future pretreatment standards.**
Future applicable pretreatment standards for existing sources, pretreatment standards for new sources, and all supporting provisions relevant to these standards in Code of Federal Regulations, title 40, chapter I, subchapter N, are adopted by reference.
**Subp. 3. Category determination.**
The applicable category and subcategory for an industrial user may be determined by the control authority at any time. However, a formal category determination request, as provided by Code of Federal Regulations, title 40, part 403.6, which is incorporated by reference, must be submitted to the agency within the deadlines provided.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0350** Combined Waste Stream Formula {#sec-7049.0350 omnilex-key=us-mn-regs-official--agency-167--7049.0350}
**Subpart 1. General.**
A. The combined waste stream formula described in this part is used to derive fixed alternative discharge limits to be applied to the mixed effluent when waste streams subject to national categorical pretreatment standards are mixed with waste streams subject to other categorical standards or waste streams not subject to categorical standards. Alternative discharge limits may be derived using the combined waste stream formula by the control authority or by the industrial user with the prior written concurrence of the control authority. Alternative limits must be derived for all applicable limits. When deriving alternative categorical limits, the control authority or industrial user shall calculate both an alternative daily maximum value using the daily maximum values specified in the appropriate categorical pretreatment standards and an alternative consecutive sampling day average value using the monthly average values specified in the appropriate categorical pretreatment standards. The industrial user shall comply with the alternative daily maximum and long-term average limits fixed by the control authority until the control authority modifies the limits or approves an industrial user modification request. Modification is authorized whenever there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant. An industrial user shall immediately report any material or significant change to the control authority. If appropriate, new alternative categorical limits shall be calculated within 30 days. The industrial user may change monitoring points only after receiving prior written approval from the control authority. The control authority shall ensure that any change in an industrial user's monitoring points will not allow the industrial user to substitute dilution for adequate treatment to achieve compliance with applicable standards.
B. If process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits shall be derived by the control authority or by the industrial user with the prior written concurrence of the control authority.
C. If a treated regulated process waste stream is combined prior to treatment with wastewaters other than those generated by the regulated process, the industrial user may, with the approval of the control authority, monitor either the segregated process waste stream or the combined waste stream to determine compliance with applicable pretreatment standards. If the industrial user chooses to monitor the segregated process waste stream, the industrial user shall apply the applicable categorical pretreatment standard. If the industrial user chooses to monitor the combined waste stream, the industrial user shall apply an alternative discharge limit calculated using the combined waste stream formula as provided in this part. The industrial user may change monitoring points only after receiving prior written approval from the control authority. The control authority shall ensure that any change in an industrial user's monitoring points will not allow the industrial user to substitute dilution for adequate treatment to achieve compliance with applicable standards.
D. If a regulated process waste stream is combined without treatment with wastewaters other than those generated by the regulated process, the industrial user may, with the approval of the control authority, monitor either the segregated process waste stream or the combined waste stream to determine compliance with applicable pretreatment standards. If the industrial user chooses to monitor the segregated process waste stream, the industrial user shall apply the applicable categorical pretreatment standard. If the industrial user chooses to monitor the combined waste stream, the industrial user shall apply an alternative discharge limit calculated using the combined waste stream formula as provided in this part. However, when no treatment is provided, all waste streams other than the regulated process waste stream are considered to be dilute waste streams in deriving alternative discharge limits. If more than one regulated process waste stream is present at the chosen monitoring point, the combined waste stream formula shall be applied to each regulated process waste stream separately, with all other waste streams considered to be dilute waste streams, and the most restrictive limit applied, for each pollutant. The industrial user may change monitoring points only after receiving approval from the control authority. The control authority shall ensure that any change in an industrial user's monitoring points will not allow the industrial user to substitute dilution for adequate treatment to achieve compliance with applicable standards.
**Subp. 2. Alternative limit calculation; definitions.**
For purposes of the formulas in subpart 3, the following symbols have the meanings specified.
Ct = the alternative concentration limit for the combined waste stream.
Mt = the alternative mass limit for a pollutant in the combined waste stream.
Ci = the categorical pretreatment standard concentration limit for a pollutant in the regulated stream i.
Mi = the categorical pretreatment standard mass limit for a pollutant in the regulated stream i (the categorical pretreatment mass limit multiplied by the appropriate measure of production).
Fi = the average daily flow (at least a 30-day average) of stream i to the extent that it is regulated for the pollutant.
FD = the average daily flow (at least a 30-day average) of dilute waste streams.
If waste streams contain a significant amount of a pollutant and the combination of the streams, prior to treatment, with an industrial user's regulated process waste streams will result in a substantial reduction of that pollutant, the control authority shall determine whether the streams should be classified as dilute or unregulated. Dilute waste streams include, but are not limited to:
A. boiler blowdown streams, noncontact cooling streams, stormwater streams, and demineralizer backwash streams;
B. sanitary waste streams when the streams are not regulated by a categorical pretreatment standard; and
C. process waste streams from processes that were or could have been entirely exempted from categorical pretreatment standards because:
**Subp. 3. Alternative limit calculation; formula.**
The alternative limit for a specified pollutant is derived by the use of either of the following formulas:
A. alternative concentration limit under Code of Federal Regulations, title 40, section 403.6(e)(1)(i); or
B. alternative mass limit under Code of Federal Regulations, title 40, section 403.6(e)(1)(ii).
**Subp. 4. Alternate limits below detection limit.**
An alternative pretreatment limit derived by the combined waste stream formula may not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0360** Definitions for Removal Credits {#sec-7049.0360 omnilex-key=us-mn-regs-official--agency-167--7049.0360}
For the purposes of parts 7049.0360 to 7049.0470:
A. "removal" means a reduction in the amount of a pollutant in a POTW's effluent or alteration of the nature of a pollutant during treatment at the POTW. The reduction or alteration may be obtained by physical, chemical, or biological means and may be:
B. "sludge requirements" means the federal statutory provisions, regulations, and permits under Code of Federal Regulations, title 40, section 403.7(a)(1)(ii), and provisions applicable to the use or disposal of solids from POTWs under chapters 7011, 7035, 7041, 7045, and 7050, and permits issued under those chapters.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0370** Application for Removal Credits {#sec-7049.0370 omnilex-key=us-mn-regs-official--agency-167--7049.0370}
A POTW receiving wastes from an industrial user to which a categorical pretreatment standard applies may, at its discretion and subject to the conditions of this part, grant removal credits to reflect removal by the POTW plant of pollutants specified in the categorical pretreatment standard. The POTW authority may grant a removal credit equal to or, at its discretion, less than its consistent removal rate. Upon being granted a removal credit, each affected industrial user shall calculate its revised discharge limits according to part 7049.0390. Removal credits may only be given for indicator or surrogate pollutants regulated in a categorical pretreatment standard if the categorical pretreatment standard so specifies.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0380** Conditions for Authorization to Give Removal Credits {#sec-7049.0380 omnilex-key=us-mn-regs-official--agency-167--7049.0380}
A. A POTW authority may give removal credits only if:
B. Removal credits may not be claimed when an uncontrolled overflow exists between the industrial user and the receiving POTW plant.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0390** Calculation of Revised Discharge Limits with Removal Credits {#sec-7049.0390 omnilex-key=us-mn-regs-official--agency-167--7049.0390}
Revised discharge limits for a specific pollutant must be derived by use of the following formula:
where:
x = pollutant discharge limit specified in the applicable categorical pretreatment standard;
r = removal credit for that pollutant as established under parts 7049.0400 and 7049.0410 (percentage removal expressed as a proportion, such as a number between 0 and 1); and
y = revised discharge limit for the specified pollutant (expressed in same units as x).
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0400** Establishment of Removal Credits; Demonstration of Consistent Removal {#sec-7049.0400 omnilex-key=us-mn-regs-official--agency-167--7049.0400}
**Subpart 1. Consistent removal.**
Consistent removal is calculated by taking the average of the lowest 50 percent of the removal measured according to part 7049.0410. All sample data obtained for the measured pollutant during the time period prescribed in part 7049.0410 must be reported and used in computing consistent removal.
**Subp. 2. Pollutants not measurable.**
If a pollutant is measurable in the influent but not in the effluent, the effluent level may be assumed to be the limit of measurement, and those data may be used to calculate consistent removal by the POTW authority at its discretion and subject to approval by the agency. If the pollutant is not measurable in the influent, the data may not be used to calculate consistent removal. "Measurable" means the ability of the analytical method or protocol to quantify as well as identify the presence of the pollutant in question.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0410** Consistent Removal Data {#sec-7049.0410 omnilex-key=us-mn-regs-official--agency-167--7049.0410}
A. Influent and effluent operational data demonstrating consistent removal shall be submitted for each pollutant for which a discharge limit revision is proposed and shall meet the requirements of this part.
B. Twelve pairs of measurements, influent and effluent, must be taken at approximately equal intervals throughout one full year. Sampling must be evenly distributed over the days of the week to include no-workdays as well as workdays. If the agency determines that this schedule will not be most representative of the actual operation of the POTW plant, an alternative sampling schedule will be approved.
C. Upon agency concurrence, a POTW authority may use a historical database, provided that the data otherwise meet the requirements of this item. For the historical database to be approved, it must present a statistically valid description of daily, weekly, and seasonal receiving POTW loadings and performance for at least one year. The historical data shall be representative of present removal.
D. The data shall be representative of:
E. The influent and effluent operational data shall normally be obtained through 24-hour flow-proportional composite samples. Composite sampling may be done manually or automatically and discretely or continuously. For discrete sampling, at least 12 aliquots must be composited. Discrete sampling may be flow-proportioned either by varying the time interval between each aliquot or the volume of each aliquot. All composites must be flow-proportional to each stream flow at the time of collection of influent aliquot or to the total influent flow since the previous influent aliquot. Volatile pollutant aliquots must be combined in the laboratory immediately before analysis. If composite sampling is not an appropriate sampling technique, a grab sample shall be taken to obtain influent and effluent operational data. For example, a grab sample will be required when the parameters being evaluated are those, such as cyanide and phenol, that may not be held for any extended period because of biological, chemical, or physical interactions that take place after sample collection and affect the results. A grab sample is an individual sample collected over a period of time not exceeding 15 minutes.
F. If grab sampling is used to collect data to calculate consistent removal, the collection of influent grab samples must precede collection of effluent samples by approximately one detention period. The detention period shall be based on a 24-hour average daily flow value. The average daily flow used must be based on the average of the daily flows during the same month of the previous year. If composite sampling is used to collect data to calculate consistent removal, effluent sample collection need not be delayed to compensate for hydraulic detention unless:
G. The sampling under this part and an analysis of the samples shall be performed according to the techniques prescribed in Code of Federal Regulations, title 40, part 136, as amended. If Code of Federal Regulations, title 40, part 136, does not contain sampling or analytical techniques for the pollutant in question, or if the Environmental Protection Agency regional administrator determines that the Code of Federal Regulations, title 40, part 136, sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW authority or other parties, approved by the Environmental Protection Agency regional administrator.
H. All data acquired under this part must be submitted to the agency. Removal for a specific pollutant shall be determined, for each sample, by measuring the difference between the concentrations of the pollutant in the influent and effluent of the POTW and expressing the difference as a percentage of the influent concentration, except when the data cannot be obtained. If the data cannot be obtained, consistent removal may be demonstrated using other data or procedures subject to concurrence by the agency.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0420** Provisional Removal Credits for New or Changed Facilities {#sec-7049.0420 omnilex-key=us-mn-regs-official--agency-167--7049.0420}
For pollutants that are not being discharged currently, the POTW authority may apply for authorization to give removal credits prior to the initial discharge of the pollutant, such as for new or modified facilities or production changes. Consistent removal shall be based provisionally on data from treatability studies or demonstrated removal at other treatment facilities when the quality and quantity of influent are similar. Within 18 months after the commencement of discharge of pollutants in question, consistent removal must be demonstrated pursuant to parts 7049.0400 and 7049.0410. If within 18 months after the commencement of the discharge of the pollutant in question the POTW cannot demonstrate consistent removal pursuant to parts 7049.0360 to 7049.0470, the authority to grant provisional removal credits shall be terminated by the agency and all industrial users to whom the revised discharge limits had been applied shall achieve compliance with the applicable categorical pretreatment standards within a reasonable time, not to exceed the period of time prescribed in the applicable categorical pretreatment standards, as may be specified by the agency.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0430** Conditional Removal Credits Prior to Agency Approval of Potw Pretreatment Program {#sec-7049.0430 omnilex-key=us-mn-regs-official--agency-167--7049.0430}
A. A POTW authority required to develop a local pretreatment program under part 7049.0800 may conditionally give removal credits pending approval of such a program according to the following terms and conditions:
B. If a POTW receives authority to grant conditional removal credits and the agency subsequently makes a final determination after appropriate notice that the POTW failed to comply with item A, the authority to grant conditional removal credits shall be terminated by the agency and all industrial users to whom the revised discharge limits had been applied shall achieve compliance with the applicable categorical pretreatment standard within a reasonable time, not to exceed the period of time prescribed in the applicable categorical pretreatment standard, as may be specified by the agency.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0440** Termination of Conditional Removal Credits {#sec-7049.0440 omnilex-key=us-mn-regs-official--agency-167--7049.0440}
If a POTW authority grants conditional removal credits and the POTW authority or the agency subsequently makes a final determination, after appropriate notice, that the industrial user failed to comply with part 7049.0430, item A, subitem (1), the conditional removal credit shall be terminated by the POTW authority or the agency for the noncomplying industrial user and the industrial user to whom the revised discharge limits had been applied shall achieve compliance with the applicable categorical pretreatment standard within a reasonable time, not to exceed the period of time prescribed in the applicable categorical pretreatment standard, as may be specified by the agency. The conditional removal credit shall not be terminated when a violation of part 7049.0430, item A, subitem (1), results from causes entirely outside the control of the industrial user or the industrial user had demonstrated substantial compliance.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0450** Potw Application for Authorization to Give Removal Credits and Agency Review {#sec-7049.0450 omnilex-key=us-mn-regs-official--agency-167--7049.0450}
**Subpart 1. Who must apply.**
A POTW authority that wants to give a removal credit or modify an existing removal credit shall apply for authorization from the agency. A POTW may apply for authorization to give or modify removal credits at any time. An application for authorization to give removal credits must be supported by the following information:
A. a list of pollutants for which removal credits are proposed;
B. consistent removal data required under part 7049.0410;
C. proposed revised discharge limits for each affected subcategory of industrial users calculated according to part 7049.0390;
D. a certification that the POTW has an approved local pretreatment program or qualifies for the exception to the requirement in part 7049.0430;
E. sludge management certification containing a specific description of the POTW's current methods of using or disposing of its sludge and a certification that the granting of removal credits will not cause a violation of the sludge requirements in part 7049.0380, item A, subitem (4); and
F. a national pollutant discharge elimination system permit limit certification stating that the granting of removal credits will not cause a violation of the POTW's national pollutant discharge elimination system permit limits and conditions as required in part 7049.0380, item A, subitem (5).
**Subp. 2. Assistance.**
Nothing in this chapter precludes an industrial user or other interested party from assisting the POTW authority in preparing and presenting the information necessary to apply for authorization. The POTW shall remain solely responsible to the agency for the information contained in the application.
**Subp. 3. Review.**
The agency shall review the POTW's application for authorization to give or modify removal credits according to parts 7049.0930 to 7049.0960 and shall, except as provided in this part, have no more than 180 days from public notice of an application to complete review. The agency may elect not to review an application for conditional removal credit authority upon receipt of the application, in which case the conditionally revised discharge limits will remain in effect until reviewed by the agency. This review may occur at any time according to parts 7049.0930 to 7049.0960, but in no event later than the time of any pretreatment program approval or any national pollutant discharge elimination system permit reissuance under those parts.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0460** Authorization to Give Removal Credits {#sec-7049.0460 omnilex-key=us-mn-regs-official--agency-167--7049.0460}
**Subpart 1. Effect of authorization.**
When a POTW authority has received authorization to grant removal credits for a particular pollutant regulated in a categorical pretreatment standard, it may automatically extend that removal credit to the same pollutant when it is regulated in other categorical standards, unless granting the removal credit will cause the POTW to violate the sludge requirements identified in part 7049.0380, item A, subitem (4), or its national pollutant discharge elimination system permit limits and conditions as required by part 7049.0380, item A, subitem (5). If a POTW authority elects at a later time to extend removal credits to a certain categorical pretreatment standard, industrial subcategory, or one or more industrial users that initially were not granted removal credits, the POTW shall notify the agency.
**Subp. 2. Inclusion in POTW permit.**
When authority is granted, the removal credits shall be included in the POTW's national pollutant discharge elimination system permit as soon as possible and become an enforceable requirement of the POTW's national pollutant discharge elimination system permit. The removal credits remain in effect for the term of the POTW's national pollutant discharge elimination system permit, provided the POTW maintains compliance with the conditions in part 7049.0470.
**Subp. 3. Compliance monitoring.**
Following authorization to give removal credits, and at intervals specified by the agency, but in no case less than once per year, the POTW authority shall continue to monitor and report on the POTW plant's removal capabilities. A minimum of one representative sample per month during the reporting period is required and all sampling data must be included in the POTW's compliance report.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0470** Modification or Withdrawal of Removal Credits {#sec-7049.0470 omnilex-key=us-mn-regs-official--agency-167--7049.0470}
**Subpart 1. Notice of POTW.**
The agency shall notify the POTW if, on the basis of pollutant removal capability reports received pursuant to part 7049.0460 or other relevant information available to it, the agency determines that:
A. one or more of the discharge limit revisions made by the POTW, or the POTW itself, no longer meets the requirements of part 7049.0380; or
B. the discharge limit revisions are causing a violation of any conditions or limits contained in the POTW's national pollutant discharge elimination system permit.
**Subp. 2. Corrective action.**
If appropriate corrective action is not taken within a reasonable time, not to exceed 60 days unless the POTW authority or the affected industrial users demonstrate that a longer time is reasonably necessary to undertake the appropriate corrective action, the agency shall either withdraw the discharge limits or require modifications in the revised discharge limits.
**Subp. 3. Public notice of withdrawal or modification.**
The agency shall not withdraw or modify revised discharge limits, unless it has:
A. provided prior notification to the POTW and all industrial users to whom revised discharge limits have been applied;
B. publicly published the written rationale for the withdrawal or modification; and
C. provided reasonable notice and opportunity for a public hearing.
**Subp. 4. Compliance with modification.**
Following notice and withdrawal or modification, all industrial users to whom revised discharge limits had been applied are subject to the modified discharge limits or the discharge limits prescribed in the applicable categorical pretreatment standards, as appropriate, and shall achieve compliance with the limits within a reasonable time, not to exceed the period of time prescribed in the applicable categorical pretreatment standard, as may be specified by the agency.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0480** Net/Gross Calculation to Adjust Categorical Standards {#sec-7049.0480 omnilex-key=us-mn-regs-official--agency-167--7049.0480}
A. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water according to this part. An industrial user wishing to obtain credit for intake pollutants must make application to the control authority. Upon request of the industrial user, the applicable standard shall be calculated on a net basis, such as being adjusted to reflect credit for pollutants in the intake water, if the applicable categorical pretreatment standard specifically provides that they shall be applied on a net basis or if the industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards will, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.
B. Credit for generic pollutants such as biochemical oxygen demand, total suspended solids, and oil and grease shall not be granted unless:
C. Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standards, up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standards adjusted under this part.
D. Credit shall be granted only if the industrial user demonstrates that the intake water is drawn from the same body of water as that into which the receiving POTW releases effluent. The control authority may waive this requirement if it finds that no environmental degradation will result.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0485** Fundamentally Different Factors; Variances to Categorical Standards {#sec-7049.0485 omnilex-key=us-mn-regs-official--agency-167--7049.0485}
Any person who believes that factors relating to an industrial user are fundamentally different from the factors considered during development of a national categorical pretreatment standard applicable to that industrial user and that the existence of those factors justifies a different discharge limit than specified in the applicable categorical pretreatment standard may seek a fundamentally different factors variance to national categorical pretreatment standards under Code of Federal Regulations, title 40, part 403.13, which is incorporated by reference.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0490** Upset Affirmative Defense for Violations of Categorical Standards {#sec-7049.0490 omnilex-key=us-mn-regs-official--agency-167--7049.0490}
**Subpart 1. Defense.**
This part provides an affirmative defense to actions brought for noncompliance with categorical pretreatment standards.
**Subp. 2. Definition.**
For the purposes of this part, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
**Subp. 3. Effect of upset.**
An upset constitutes an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subpart 4 are met.
**Subp. 4. Conditions necessary for demonstration of upset.**
An industrial user that asserts the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
A. an upset occurred and the industrial user can identify the cause of the upset; and
B. the industrial user's facility was at the time being operated in a prudent and professional manner and in compliance with applicable operation and maintenance procedures.
**Subp. 5. Establishing defense.**
To establish the affirmative defense of upset, the industrial user shall submit the information in items A to C to the control authority within 24 hours of becoming aware of the upset. If the information is provided orally, a written submission must be provided within five days that includes the following:
A. a description of the indirect discharge and cause of noncompliance;
B. the period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
C. steps being taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
**Subp. 6. Burden of proof.**
In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset has the burden of proof.
**Subp. 7. Reviewability of agency consideration of claims of upset.**
In the usual exercise of prosecutorial discretion, agency enforcement personnel may review any claims that noncompliance was caused by an upset. No determinations made in the course of the review constitute final agency action subject to judicial review. Industrial users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
**Subp. 8. Industrial user responsibility in case of upset.**
The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies when, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0495** Bypass Provisions for Categorical Standards {#sec-7049.0495 omnilex-key=us-mn-regs-official--agency-167--7049.0495}
**Subpart 1. Applicability.**
This part applies to categorical pretreatment standards.
**Subp. 2. Definitions.**
For the purposes of this part, the following meanings apply:
A. "bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility; and
B. "severe property damage" means substantial physical damage to property, damage to the treatment facilities that causes the facilities to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
**Subp. 3. Bypass not violating applicable categorical pretreatment standards or requirements.**
An industrial user may allow a bypass to occur if the bypass does not cause categorical pretreatment standards or requirements to be violated and the bypass is for essential maintenance to ensure efficient operation. A bypass under this subpart is not subject to subparts 4 and 5.
**Subp. 4. Notice.**
A. If an industrial user knows in advance of the need for a bypass, the industrial user shall submit prior written notice to the POTW, if possible, at least ten days before the date of the bypass.
B. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain:
C. The control authority may waive the written report under item B on a case-by-case basis if the oral report has been received within 24 hours.
**Subp. 5. Prohibition of bypass; approval of anticipated bypass.**
A. A bypass is prohibited and the control authority may take enforcement action against an industrial user for a bypass, unless:
B. The control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that the bypass will meet the conditions in item A.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0500** Baseline Monitoring Report and Application for Individual Control Mechanism {#sec-7049.0500 omnilex-key=us-mn-regs-official--agency-167--7049.0500}
Industrial users that are subject to one or more of the national categorical pretreatment standards contained in part 7049.0310 shall submit a baseline monitoring report and application for individual control mechanism to its control authority. If the receiving POTW operates a federal delegated pretreatment program approved under parts 7049.0800 to 7049.1020, the application shall be submitted to the POTW. If the receiving POTW does not operate a federal delegated pretreatment program, the application shall be submitted to the agency with a copy supplied to the receiving POTW.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0510** Due Date of Baseline Monitoring Report and Application for Individual Control Mechanism {#sec-7049.0510 omnilex-key=us-mn-regs-official--agency-167--7049.0510}
A. The baseline monitoring report and application for individual control mechanism shall be submitted within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made on a formal category determination submission under part 7049.0310, subpart 2, whichever is later. Existing facilities subject to existing categorical pretreatment standards shall submit a baseline monitoring report and application for individual control mechanism within 180 days after October 27, 2008. At least 90 days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the adoption of an applicable categorical standard, shall submit a baseline monitoring report to the control authority. If reports containing this information have already been submitted, the industrial user need not submit the information again. The control authority may, at its discretion, alter the dates by which applications for a permit are required.
B. If the categorical pretreatment standard is modified by a removal credit as provided in parts 7049.0360 to 7049.0470, the combined waste stream formula as provided in part 7049.0350, or a fundamentally different factors variance in part 7049.0480, subpart 2, after the industrial user submits the baseline monitoring report, any necessary amendments to the baseline monitoring report shall be submitted by the industrial user to the control authority within 60 days after the modified limit is approved.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0520** Contents of Baseline Monitoring Report {#sec-7049.0520 omnilex-key=us-mn-regs-official--agency-167--7049.0520}
**Subpart 1. Baseline monitoring reports.**
Baseline monitoring reports must include the information in this part. New sources must include in the report information describing the method of pretreatment the source intends to use to meet applicable categorical pretreatment standards. New sources shall give estimates of the information requested in subparts 5 and 6.
**Subp. 2. Identifying information.**
The industrial user shall submit the name and address of the facility including the name of the operator and owners.
**Subp. 3. Permits.**
The industrial user shall submit a list of any environmental control permits held by or for the facility.
**Subp. 4. Description of operations.**
The industrial user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operations carried out by the industrial user. The description shall include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes.
**Subp. 5. Flow measurement.**
The industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process waste streams and other streams as necessary to allow use of the combined waste stream formula provided in part 7049.0350. The control authority may allow for verifiable estimates of these flows when justified by cost or feasibility considerations.
**Subp. 6. Measurement of pollutants.**
The industrial user shall:
A. identify the categorical pretreatment standards applicable to each regulated process; and
B. submit the results of sampling and analysis identifying the nature and concentration, or mass, when required by the categorical standard or by the control authority, of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration, or mass, when required, shall be reported. The sample shall be representative of daily operations. In cases where the categorical pretreatment standard requires compliance with a best management plan or pollution prevention alternative, the industrial user shall submit documentation as required by the control authority or the applicable categorical pretreatment standards to determine compliance with the standard.
**Subp. 7. Certification.**
A. The industrial user shall submit a certification consisting of a statement, reviewed by an authorized representative of the industrial user, as provided in part 7049.0220, and certified by a qualified professional, indicating whether categorical pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance or additional pretreatment is required for the industrial user to meet the categorical pretreatment standards and requirements. If the industrial user's categorical pretreatment standard has been modified by a removal credit as provided in parts 7049.0360 to 7049.0470; the combined waste stream formula as provided in part 7049.0350; or a fundamentally different factors variance as provided in part 7049.0480, subpart 2, at the time the industrial user submits the baseline monitoring reports, the certification and the compliance schedule in part 7049.0550 pertain to the modified limits.
B. If an alternate concentration or mass limit has been calculated according to part 7049.0300, subpart 3, the adjusted limit and supporting data shall be included.
C. When the POTW performs the required sampling and analysis in lieu of the categorical industrial user, the categorical industrial user is not required to submit the compliance certification under this subpart.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0530** Contents of Application for Permit {#sec-7049.0530 omnilex-key=us-mn-regs-official--agency-167--7049.0530}
In addition to all information required by the control authority, applications by categorical industrial users shall provide the following information:
A. sufficient information to enable the control authority to determine the correct federal point source category and subcategory for the industrial user;
B. a description and drawing of the location of the proposed monitoring point;
C. production data sufficient to determine correct limits, required only for categorical industrial users subject to categories with production-based standards; and
D. information sufficient to correctly apply the combined waste stream formula, if the monitoring point proposed by the categorical industrial user includes multiple waste streams requiring the use of the combined waste stream formula under part 7049.0350. This may include identification and flows of the waste streams present at the monitoring point, plus engineering, production, sampling and analysis, and other information on each waste stream to allow the control authority to make all determinations necessary to correctly apply the combined waste stream formula.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0540** Monitoring for Baseline Monitoring Report {#sec-7049.0540 omnilex-key=us-mn-regs-official--agency-167--7049.0540}
A. Monitoring for the baseline monitoring report must be performed according to this part.
B. The industrial user shall take a minimum of one representative sample to compile the data necessary to comply with this part.
C. Samples must be taken immediately downstream from pretreatment facilities, if they exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula under part 7049.0350 in order to evaluate compliance with the categorical pretreatment standards.
D. Sampling and analysis must be performed according to Code of Federal Regulations, title 40, part 136, as amended. If Code of Federal Regulations, title 40, part 136, does not contain sampling or analytical techniques for the pollutant in question, or if the Environmental Protection Agency regional administrator determines that the Code of Federal Regulations, title 40, part 136, sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW authority or other parties, approved by the Environmental Protection Agency regional administrator.
E. The control authority may allow the submission of a baseline report that uses only historical data as long as the data provides information sufficient to determine the need for industrial pretreatment measures.
F. The baseline report shall indicate the time, date, and place of sampling, and methods of analysis, and shall certify that the sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0550** Baseline Monitoring Report Compliance Schedule {#sec-7049.0550 omnilex-key=us-mn-regs-official--agency-167--7049.0550}
A. An industrial user submitting a baseline monitoring report that shows that the industrial user is not already in compliance with the categorical standard shall submit with the baseline monitoring report the shortest schedule by which the industrial user will provide additional pretreatment or operation and maintenance to comply with the categorical standard. The completion date in this schedule must not be later than the compliance date established for the applicable categorical pretreatment standard.
B. The schedule must contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards, such as hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, and completing construction.
C. An increment referred to in item B shall not exceed nine months.
D. Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on that date and, if not:
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0560** 90-Day Compliance Report {#sec-7049.0560 omnilex-key=us-mn-regs-official--agency-167--7049.0560}
**Subpart 1. General.**
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into a POTW, an industrial user subject to national categorical pretreatment standards and requirements shall submit to the control authority a report containing the information in subparts 2 to 6.
**Subp. 2. Identifying information.**
The industrial user shall submit the name and address of the facility, including the name of the operator and owners.
**Subp. 3. Flow measurement.**
The industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the receiving POTW from regulated process waste streams and other streams as necessary to allow use of the combined waste stream formula in part 7049.0350. The control authority may allow for verifiable estimates of these flows when justified by cost or feasibility considerations.
**Subp. 4. Measurement of pollutants.**
The industrial user shall:
A. identify the categorical pretreatment standards applicable to each regulated process; and
B. submit the results of sampling and analysis identifying the nature and concentration, or mass, when required by the categorical pretreatment standard or by the control authority, of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration, or mass, when required, shall be reported. The sample shall be representative of daily operations.
**Subp. 5. Certification.**
The industrial user shall submit a certification consisting of a statement, reviewed by an authorized representative of the industrial user, as provided in part 7049.0220, and certified by a qualified professional, indicating whether categorical pretreatment standards are being met on a consistent basis. If the industrial user's categorical pretreatment standard has been modified by a removal credit as provided in parts 7049.0360 to 7049.0470; the combined waste stream formula as provided in part 7049.0350; or a fundamentally different factors variance as provided in part 7049.0485, at the time the industrial user submits the 90-day compliance report, the certification and the compliance schedule in part 7049.0550 pertain to the modified limits. If an alternate concentration or mass limit has been calculated according to part 7049.0300, subpart 3, the adjusted limit and supporting data shall be included.
**Subp. 6. Production rate reporting.**
Industrial users subject to national categorical pretreatment standards with limits expressed in terms of allowable pollutant discharge per unit of production, or other measure of operation, shall submit information on their production rate. For industrial users subject to equivalent mass or concentration limits established by the control authority according to part 7049.0300, subpart 2, for categories with production-based categorical pretreatment standards, the report must contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to production-based categorical pretreatment standards, the report must include the user's actual production during the reporting period.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0570** Periodic Reports on Continued Compliance {#sec-7049.0570 omnilex-key=us-mn-regs-official--agency-167--7049.0570}
**Subpart 1. General requirement.**
After the deadline for compliance contained in the categorical pretreatment standard, an industrial user subject to a categorical pretreatment standard shall submit to the control authority periodic reports on continued compliance indicating the nature and concentration of pollutants in the effluent that are limited by categorical pretreatment standards. In cases where the categorical pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the industrial user.
**Subp. 2. Frequency of reports.**
A. Except as required in this subpart, the periodic reports on continued compliance under subpart 1 must be submitted twice per year, unless required more frequently in the categorical pretreatment standard or by the control authority. Unless otherwise specified by the control authority, the reports must be submitted in June and December. At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, and budget cycles, the control authority may agree to alter the months during which the reports in subpart 1 are to be submitted. The control authority may reduce the monitoring frequency to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the agency, when the industrial user meets all of the following conditions:
B. The POTW authority shall retain documentation to support the control authority's determination that a specific industrial user qualifies for reduced reporting requirements under item A for three years after the expiration of the term of the control mechanism.
**Subp. 3. Monitoring waiver.**
A. Except as provided in this subpart, reports submitted under this part shall include data for all pollutants limited by the applicable categorical standard. The control authority may authorize the industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. A waiver under this item must be issued according to items B to H.
B. The control authority may authorize a waiver when a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
C. The monitoring waiver is valid only for the duration of the effective period of the industrial user's individual control mechanism, but in no case longer than five years. The industrial user shall submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
D. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver must be signed according to part 7049.0220 and include the certification statement in part 7049.0590. Nondetectable sample results may only be used as a demonstration that a pollutant is not present if the Environmental Protection Agency-approved method from Code of Federal Regulations, title 40, part 136, with the lowest minimum detection level for that pollutant was used in the analysis.
E. Any grant of the monitoring waiver by the control authority must be included as a condition in the industrial user's control mechanism. The reasons supporting the waiver and any information submitted by the industrial user in its request for the waiver must be maintained by the control authority for three years after expiration of the waiver.
F. Upon approval of the monitoring waiver and revision of the industrial user's control mechanism by the control authority, the industrial user shall certify, with the following statement, on each report that there has been no increase in the pollutant in the industrial user's waste stream due to activities of the industrial user: "Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR ....... [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ....... [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under 40 CFR 403.12(e)(1)."
G. In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial user's operations, the industrial user shall immediately comply with the monitoring requirements of part 7049.0570, subparts 1 and 2, or other more frequent monitoring requirements imposed by the control authority, notify the control authority, and monitor for the previously waived pollutant that is found to be present.
H. This subpart does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
**Subp. 4. Flow reporting.**
The periodic reports on continued compliance must include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge subject to the categorical standards and any other flows necessary to apply the combined waste stream formula as provided in part 7049.0350. The control authority may require more detailed reporting of flows.
**Subp. 5. Mass reporting.**
If the control authority has imposed mass limitations on industrial users, the periodic reports on continued compliance shall indicate the mass of pollutants regulated by categorical pretreatment standards in the discharge from the industrial user.
**Subp. 6. Production rate reporting.**
Industrial users subject to national categorical pretreatment standards with limits expressed in terms of allowable pollutant discharge per unit of production, or other measure of operation, shall submit information on their production rate. For industrial users subject to equivalent mass or concentration limits established by the control authority according to part 7049.0300, subpart 2, for categories with production-based categorical pretreatment standards, the report must contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to production-based categorical pretreatment standards, the report must include the user's actual production during the reporting period.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0580** Potw Monitoring in Lieu of Industrial User Self-Monitoring {#sec-7049.0580 omnilex-key=us-mn-regs-official--agency-167--7049.0580}
Sampling and analysis for baseline monitoring reports as required by parts 7049.0500 to 7049.0550, 90-day compliance reports as required by part 7049.0560, and periodic reports on continued compliance as required by part 7049.0570 may be performed by the control authority in lieu of the industrial user. If the receiving POTW performs the required sampling and analysis in lieu of the industrial user, the industrial user is not required to submit the compliance certification required with baseline monitoring reports under parts 7049.0500 to 7049.0550 and 90-day compliance reports under part 7049.0560. In addition, if the receiving POTW collects all the information required for baseline monitoring reports under parts 7049.0500 to 7049.0550, 90-day compliance reports under part 7049.0560, and periodic reports on continued compliance under part 7049.0570, including flow data, the industrial user is not required to submit the reports.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0590** Certification for Reports {#sec-7049.0590 omnilex-key=us-mn-regs-official--agency-167--7049.0590}
Baseline monitoring reports required by parts 7049.0500 to 7049.0550, 90-day compliance reports required by part 7049.0560, and periodic reports on continued compliance required by part 7049.0570 must include the following certification statement and must be signed by an industrial user's authorized representative as follows:
CERTIFICATION
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties under law for submitting false information, including the possibility of fine and imprisonment for knowing violations."
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0600** Potw Responsibility to Control Industrial Users {#sec-7049.0600 omnilex-key=us-mn-regs-official--agency-167--7049.0600}
**Subpart 1. General.**
A. It is the responsibility of every POTW authority to control the contribution of industrial users that discharge to the POTW plant to prevent interference or pass-through. Every POTW shall require industrial users that discharge to the POTW plant to comply with the general and specific prohibitions in part 7049.0140 and shall take appropriate action in case of violations.
B. POTW authorities shall control the contribution of their significant industrial users with control mechanisms, such as agreements or permits, issued to individual significant industrial users, except as provided in part 7049.0820, item C, subitem (1).
**Subp. 2. Local limits.**
A. In cases where pollutants contributed by industrial users result in interference or pass-through and the violation is likely to recur, the POTW authority shall develop and enforce specific local effluent limits or best management practices for industrial users and all other users, as appropriate, which, together with appropriate changes in the POTW plant's facilities or operation, are necessary to ensure renewed and continued compliance with the POTW's national pollutant discharge elimination system permit or sludge use or disposal practices.
B. Specific local effluent limits must not be developed and enforced without individual notice to persons or groups who have requested such notice and an opportunity to respond.
**Subp. 3. Prohibited individual control mechanisms.**
A POTW authority shall not knowingly enter into an agreement with an industrial user or issue a permit to an industrial user that allows the industrial user to discharge wastewater that would cause interference or pass-through or cause a violation of part 7049.0140.
**Subp. 4. Revision of local limits.**
If an industrial user causes interference or pass-through without violating the local limits imposed on them by the receiving POTW, so that the affirmative defense of part 7049.0150 may be invoked, the receiving POTW shall re-evaluate and revise relevant local limits to ensure that they are adequately restrictive to protect against pass-through or interference.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0620** Reporting {#sec-7049.0620 omnilex-key=us-mn-regs-official--agency-167--7049.0620}
A. Every POTW authority that has one or more significant industrial users shall submit a pretreatment annual report to the agency for each calendar year during which it has a significant industrial user. If more than one jurisdiction is involved in the POTW local pretreatment program, the annual report shall report on activities of all participating agencies. Required contents of annual reports are specified in part 7049.1020 for POTWs with pretreatment programs that have been approved under parts 7049.0800 to 7049.0950 and in part 7049.0720 for all other POTWs.
B. Information collected pursuant to this chapter shall be provided to the agency upon request.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0630** Signatory Requirements for Potw Reports {#sec-7049.0630 omnilex-key=us-mn-regs-official--agency-167--7049.0630}
Reports submitted to the agency by the POTW according to parts 7049.0600 to 7049.1020 must be signed by a principal executive officer, ranking elected official, or other duly authorized employee. The duly authorized employee must be an individual or position having responsibility for the overall operation of the facility or the pretreatment program. This authorization must be made in writing by the principal executive officer or ranking elected official and submitted to the agency prior to or together with the report being submitted.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0640** Agency Direct Regulatory Action {#sec-7049.0640 omnilex-key=us-mn-regs-official--agency-167--7049.0640}
A. The agency has a regulatory interest in required pretreatment standards and may take direct regulatory action, as provided in item B, to control an industrial user that the receiving POTW is responsible to control if the receiving POTW fails to implement or enforce required pretreatment standards that it is responsible to enforce according to part 7049.0650.
B. If the agency determines that a POTW authority has failed to properly implement pretreatment controls as provided in item A, the agency shall notify the POTW authority and industrial user of the determination, specifying the failures and providing 30 days for the POTW authority to commence appropriate action to correct the failures. If the POTW authority fails to adequately correct the failures cited, the agency may, as appropriate, take enforcement action against the industrial user or impose limitations and requirements in an individual control mechanism issued directly to the industrial user. If the agency issues a determination and takes action under this part, failure to take appropriate action against the industrial user constitutes a violation by the POTW authority.
C. At any time, the agency may perform any of the activities provided in part 7049.0163, subparts 2 and 3.
D. Nothing in this part precludes the agency from taking enforcement action against a POTW for failure to implement pretreatment controls.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0650** Potw Responsibility to Enforce Pretreatment Standards {#sec-7049.0650 omnilex-key=us-mn-regs-official--agency-167--7049.0650}
A. All POTW authorities are responsible for enforcing the general and specific prohibitions in part 7049.0140 and for developing and enforcing any local limits or best management practices needed to implement those prohibitions.
B. For nondelegated POTWs, the conditions under which local limits or best management practices implementing the general prohibitions of part 7049.0140, subpart 2, are required are listed in part 7049.0600, subpart 2.
C. For delegated POTW pretreatment programs approved under parts 7049.0800 to 7049.0960, the conditions under which local limits or best management practices implementing the general prohibitions of part 7049.0140, subpart 2, are required are listed in parts 7049.0600, subpart 2, and 7049.0850.
D. Delegated POTWs are also responsible for enforcing the categorical pretreatment standards in part 7049.0310. The most restrictive limits as between the requirements of items C and D shall apply.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0700** Notification {#sec-7049.0700 omnilex-key=us-mn-regs-official--agency-167--7049.0700}
**Subpart 1. General.**
A. A POTW that is not delegated pretreatment authority under parts 7049.0800 to 7049.1020 shall notify the agency in writing of any:
B. The notification under this subpart shall be submitted within 30 days of identifying an industrial user as significant. POTWs with existing significant industrial users shall submit a notification within 30 days of October 27, 2008. Changes to local limits imposed on existing significant industrial users shall be submitted prior to changes being made.
**Subp. 2. Contents.**
The notification under subpart 1 shall include:
A. the identity of the significant industrial user and a description of the significant industrial user's operation and process;
B. a characterization of the significant industrial user's wastewater discharge;
C. the required limits that will be imposed on the significant industrial user by the POTW authority;
D. a technical justification of the required local limits; and
E. a plan for monitoring the significant industrial user that is consistent with the monitoring requirements in part 7049.0710.
**Subp. 3. Additional requirements.**
In addition, upon agency request, the POTW authority shall submit the following:
A. additional information on the significant industrial user and its processes or discharges;
B. a copy of the individual control mechanism used by the POTW authority to impose limitations and requirements on the significant industrial user;
C. a copy of the POTW authority's legal authority to regulate the significant industrial user; or
D. the POTW authority's procedures for enforcing the requirements imposed on the significant industrial user.
**Subp. 4. Agency review.**
Notifications required in this part are subject to review by the agency.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0710** Monitoring of Significant Industrial Users {#sec-7049.0710 omnilex-key=us-mn-regs-official--agency-167--7049.0710}
Each POTW authority shall obtain from its significant industrial users specific information on the quality and quantity of each significant industrial user's discharge to the POTW. Except when specifically requested by the POTW authority and approved by the agency, the information shall be obtained by representative monitoring conducted by the POTW or by the significant industrial user under requirements imposed by the POTW in the significant industrial user's individual control mechanism. A request to obtain information using a different method shall demonstrate that the alternate provides adequate information on the discharge from the significant industrial user. Monitoring performed to comply with this part shall include all pollutants for which the significant industrial user is significant and shall be representative of the significant industrial user's discharge to the POTW. Except as provided in part 7049.0570, subpart 2, POTWs shall obtain significant industrial user monitoring data at least twice annually. The POTW shall require frequency of monitoring necessary to assess and ensure compliance by industrial users with required pretreatment standards and requirements.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0720** Pretreatment Annual Report; Nondelegated Potws {#sec-7049.0720 omnilex-key=us-mn-regs-official--agency-167--7049.0720}
If a nondelegated POTW has a significant industrial user at any time during a calendar year, the POTW authority shall submit a pretreatment annual report on forms provided by the agency or shall submit equivalent information. The pretreatment annual report must include at least the following:
A. a summary of changes to the POTW's pretreatment program;
B. a current list of significant industrial users that discharge to the POTW. Additions and deletions shall be noted and reasons shall be given for deletions;
C. a summary of the discharge monitoring data for each significant industrial user for the reporting year. The summary shall summarize all available data and shall accurately represent the discharge by the industrial user;
D. a summary of inspections and sampling of significant industrial users performed by the POTW authority;
E. a summary of violations by industrial users of any required pretreatment standards imposed by the POTW authority and a description of the current compliance status of each significant industrial user;
F. a summary of enforcement actions taken against significant industrial users by the POTW authority;
G. a description of any upset, interference, or pass-through incident at the POTW that the POTW authority knows or believes was caused by industrial users of the POTW system. The description shall include the reasons why the incidents occurred, the corrective actions taken, and the industrial users responsible, if known;
H. an assessment of the effectiveness of the pretreatment program in preventing interference, pass-through of pollutants, and contamination of sludge; and
I. any other relevant information requested by the agency.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0800** Potws Required to Develop Pretreatment Program {#sec-7049.0800 omnilex-key=us-mn-regs-official--agency-167--7049.0800}
A. Any POTW designated by the agency shall develop a federal delegated pretreatment program approvable under parts 7049.0800 to 7049.1020 according to the schedule contained in the respective POTWs national pollutant discharge elimination system permit. Schedules for the development of the POTW pretreatment program shall not exceed one year. A POTW shall be designated to develop a delegated pretreatment program if it has a design flow of five million gallons per day or more and has one or more significant industrial users, or when the agency finds that the nature or volume of the industrial influent, treatment process upsets, violations of POTW effluent limitations, contamination of municipal sludge, or other circumstances warrant in order to prevent interference with the POTW or pass-through.
B. POTWs with federal delegated pretreatment programs meeting the requirements of parts 7049.0810 to 7049.0870 and approved as provided by parts 7049.0880 to 7049.0960 shall maintain and operate their pretreatment programs as approved. The authorities and procedures in the approved program shall at all times be fully and effectively exercised and implemented. The POTW authority is responsible for administering national categorical pretreatment standards, as well as pretreatment standards implementing the requirements of parts 7049.0140 and 7049.0850.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0810** Delegated Local Potw Pretreatment Program Requirements {#sec-7049.0810 omnilex-key=us-mn-regs-official--agency-167--7049.0810}
To be approvable under parts 7049.0800 to 7049.0960, a POTW pretreatment program shall have the program components described in parts 7049.0820 to 7049.0870.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0820** Legal Authority {#sec-7049.0820 omnilex-key=us-mn-regs-official--agency-167--7049.0820}
The POTW authority shall operate pursuant to legal authority that authorizes or enables the POTW authority to apply and enforce the requirements of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and any regulations implementing those sections. The authority may be contained in a statute, ordinance, or series of contracts or joint powers agreements that the POTW authority is authorized to enact, enter into, or implement and that are authorized by state law. At a minimum, the legal authority shall enable the POTW authority to:
A. deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users when the contributions do not meet required pretreatment standards and requirements or when the contributions would cause the POTW to violate its national pollutant discharge elimination system permit;
B. require compliance with required pretreatment standards and requirements by industrial users;
C. control contribution to the POTW by each industrial user to ensure compliance with required pretreatment standards and requirements, through permit, order, or similar means. In the case of significant industrial users, the control shall be achieved through permits or equivalent individual control mechanisms issued to each such industrial user, except as follows:
D. require:
E. carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with required pretreatment standards and requirements by industrial users. Representatives of the POTW authority shall be authorized to enter the premises of an industrial user in which a discharge source or treatment system is located or in which records are kept that are required under parts 7049.0500 to 7049.0590 to ensure compliance with required pretreatment standards. The authority shall be at least as extensive as the authority provided under section 308 of the Clean Water Act;
F. obtain remedies for noncompliance with required pretreatment standards and requirements by industrial users as follows:
G. comply with the confidentiality requirements in part 7049.0160.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0830** Procedures {#sec-7049.0830 omnilex-key=us-mn-regs-official--agency-167--7049.0830}
The POTW authority shall develop and implement procedures to ensure compliance with the requirements of the approved POTW pretreatment program. At a minimum, these procedures shall enable the POTW authority to:
A. identify and locate all possible industrial users that might be subject to the POTW pretreatment program;
B. identify the character and volume of pollutants contributed to the POTW by the industrial users identified under item A;
C. notify industrial users identified under item A of applicable required pretreatment standards and any applicable requirements under this chapter and chapter 7045. The notification shall be made within 30 days of the designation of an industrial user as a significant industrial user;
D. receive and analyze self-monitoring reports and other notices submitted by industrial users according to the self-monitoring requirements in parts 7049.0200, 7049.0210, and 7049.0500 to 7049.0570;
E. randomly sample and analyze the effluent from industrial users and conduct surveillance activities to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with required pretreatment standards;
F. inspect and sample the effluent from each significant industrial user at least once a year, except:
G. evaluate whether each significant industrial user needs a plan or other action to control slug discharges. Significant industrial users shall be evaluated within one year of being designated a significant industrial user. Significant industrial users shall notify the POTW immediately of any changes at its facility affecting potential for a slug discharge. If the POTW authority decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
H. investigate instances of noncompliance with required pretreatment standards and requirements, as indicated in the reports and notices required under parts 7049.0200, 7049.0210, and 7049.0500 to 7049.0570, or indicated by analysis, inspection, and surveillance activities described in item E. Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions; and
I. comply with the public participation requirements of Code of Federal Regulations, title 40, part 25, in the enforcement of required pretreatment standards. Public participation procedures shall include provision for at least annual public notification, in one or more newspapers of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, of significant industrial users that, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements and any industrial users that were in significant noncompliance because of violations of the criteria in part 7049.0120, subpart 25, item C, D, or H.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0840** Funding {#sec-7049.0840 omnilex-key=us-mn-regs-official--agency-167--7049.0840}
The POTW authority shall have sufficient resources and qualified personnel to carry out the authorities and procedures described in parts 7049.0820 and 7049.0830. In some limited circumstances, funding and personnel may be delayed as provided in part 7049.0910.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0850** Local Limits {#sec-7049.0850 omnilex-key=us-mn-regs-official--agency-167--7049.0850}
The POTW authority shall develop and enforce specific local limits to implement the prohibitions listed in part 7049.0140. POTWs may develop best management practices (BMPs) to implement these prohibitions. Any such BMPs are required pretreatment standards. The POTW authority shall continue to develop these limits as necessary or demonstrate that they are not necessary. The POTW authority shall effectively enforce the limits. Specific effluent limits shall not be developed and enforced without individual notice to persons or groups who have requested the notice and an opportunity to respond.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0860** Enforcement Response Plan {#sec-7049.0860 omnilex-key=us-mn-regs-official--agency-167--7049.0860}
**Subpart 1. Plan requirement.**
The POTW authority shall develop and implement an enforcement response plan, which is subject to agency approval. The plan shall contain detailed procedures indicating how the POTW authority will investigate and respond to instances of industrial user noncompliance. The plan shall, at a minimum:
A. describe how the POTW authority will investigate instances of noncompliance;
B. describe the types of escalating enforcement responses the POTW authority will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place;
C. identify, by title, the officials responsible for each type of response; and
D. adequately reflect the POTW authority's primary responsibility to enforce all applicable required pretreatment standards and requirements, as detailed in parts 7049.0820 and 7049.0830.
**Subp. 2. Enforcement.**
Following agency approval of the POTW authority's pretreatment program and enforcement response plan, the POTW authority shall implement the approved enforcement response plan.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0870** Significant Industrial User List {#sec-7049.0870 omnilex-key=us-mn-regs-official--agency-167--7049.0870}
The POTW authority shall prepare and maintain a list of its industrial users meeting the criteria for being a significant industrial user. The list shall identify the criteria for which each significant industrial user is significant. The list shall also identify the applicable category and subcategory for industrial users subject to national categorical pretreatment standards. The list shall include industrial users that meet the criteria for being a significant industrial user in part 7049.0120, subpart 24, item A, but that have been determined not to be a significant industrial user under part 7049.0120, subpart 24, item B. The initial list must be submitted to the agency with the POTW's submittals as required by parts 7049.0880 to 7049.0920. Modifications to the list must be submitted to the agency with annual reports as required by part 7049.1020.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0880** Submittal for Pretreatment Program Approval {#sec-7049.0880 omnilex-key=us-mn-regs-official--agency-167--7049.0880}
A POTW required to develop a pretreatment program for approval under a schedule established under part 7049.0800 shall submit to the agency three copies of a program description that includes the information in part 7049.0890. A POTW authority may request pretreatment program approval under parts 7049.0800 to 7049.1020 by submitting a request for approval and a pretreatment program description as prescribed in part 7049.0890 whether or not the POTW authority is required by a permit schedule to do so. The agency shall ensure that the submission and any comments on the submission are available to the public for inspection and copying.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0890** Contents of Potw Delegated Pretreatment Program Submission {#sec-7049.0890 omnilex-key=us-mn-regs-official--agency-167--7049.0890}
A POTW authority requesting approval of a POTW pretreatment program shall develop a program submittal that shall be submitted to the agency for program approval according to parts 7049.0930 to 7049.0960. The submittal shall contain the following information:
A. a statement from the local unit of government's legal officer, or the attorney for those POTWs that have independent legal counsel, that the POTW authority has adequate authority to carry out the programs in parts 7049.0810 to 7049.0870. The statement shall:
B. a copy of any statutes, ordinances, regulations, agreements, or other authorities relied upon by the POTW authority for its administration of the program. The submission shall include a statement reflecting the endorsement or approval of the local boards or bodies responsible for supervising or funding the POTW pretreatment program if approved;
C. a brief description, including organization charts, of the POTW organization that will administer the pretreatment program. If more than one agency is responsible for administration of the program, the responsible agencies shall be identified, their respective responsibilities delineated, and their procedures for coordination set forth;
D. a description of the funding levels, equipment, and full-time and part-time personnel available to implement the program;
E. a description of program procedures consistent with part 7049.0830, including an enforcement response plan as provided by part 7049.0860; and
F. a technical justification, including any relevant calculations used to justify the proposed local limits or to justify why local limits are not needed.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0900** Content of Removal Credit Submission {#sec-7049.0900 omnilex-key=us-mn-regs-official--agency-167--7049.0900}
A POTW authority that desires to grant removal credits under parts 7049.0360 to 7049.0470 shall submit three copies of a request for authority to revise categorical pretreatment standards that must contain the information required in part 7049.0450.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0910** Request for Conditional Approval of Potw Pretreatment Program {#sec-7049.0910 omnilex-key=us-mn-regs-official--agency-167--7049.0910}
The POTW authority may request conditional approval of the pretreatment program pending the acquisition of funding and personnel for certain elements of the program. The request for conditional approval must meet the requirements in parts 7049.0810 and 7049.0920, unless the submission demonstrates that:
A. a limited aspect of the program does not need to be implemented immediately;
B. the POTW authority has adequate legal authority and procedures to carry out those aspects of the program that will not be implemented immediately; and
C. funding and personnel for the program aspects to be implemented at a later date will be available when needed. The POTW authority shall describe in the submission the mechanism by which the funding will be acquired.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0920** Consistency with Water Quality Management Plans {#sec-7049.0920 omnilex-key=us-mn-regs-official--agency-167--7049.0920}
To be approved, a POTW pretreatment program shall be consistent with any agency-approved basin or watershed plans.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0930** Agency Action {#sec-7049.0930 omnilex-key=us-mn-regs-official--agency-167--7049.0930}
A. Upon receipt of a submission, the agency shall begin its review. Within 60 days after receiving the submission, the agency shall make a preliminary determination of whether the submission meets the requirements of parts 7049.0810 to 7049.0920 and, if appropriate, parts 7049.0360 to 7049.0470.
B. If the agency makes the preliminary determination that the submission meets the requirements referenced in item A, the agency shall:
C. After review of the submission as provided for in item A, if the agency determines that the submission does not comply with parts 7049.0890 to 7049.0920, the agency shall provide notice in writing to the applying POTW and each person who has requested individual notice. The notification shall identify any defects in the submission and advise the POTW and each person who has requested individual notice of the means by which the POTW can comply with the applicable requirements of parts 7049.0890 to 7049.0920.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0940** Public Notice and Opportunity for Hearing {#sec-7049.0940 omnilex-key=us-mn-regs-official--agency-167--7049.0940}
**Subpart 1. Requirement.**
Within 20 working days after making a determination that a submission meets the requirements of parts 7049.0890 to 7049.0910, the agency shall issue a public notice of request for approval of the submission and provide an opportunity for the applicant, an affected state, an interested state or federal agency, or a person or group of persons to request a contested case hearing with respect to the submission.
**Subp. 2. Circulation.**
The public notice of request for approval of the submission shall be circulated in a manner designed to inform interested and potentially interested persons of the submission. Procedures for the circulation of public notice shall include:
A. mailing notices of the request for approval of the submission to federal and state fish, shellfish, and wild fish resource agencies, unless the agencies have asked not to be sent the notices, and any other person or group who has requested individual notice, including those on appropriate mailing lists; and
B. publication of a notice of request for approval of the submission in a newspaper of general circulation within the jurisdictions served by the POTW that provides meaningful public notice. The public notice must provide a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views on the submission. All written comments submitted during the 30-day comment period must be retained by the agency and considered in the decision on whether or not to approve the submission. The period for comment may be extended at the discretion of the agency.
**Subp. 3. Hearing.**
A. The agency shall provide an opportunity for the applicant, an affected state, an interested state or federal agency, or a person or group of persons to request a public hearing with respect to the submission.
B. The request for public hearing shall be filed within the 30-day or extended comment period described in subpart 2 and shall indicate the interest of the person filing the request and the reasons why a hearing is warranted.
C. At the request of the POTW authority, the agency shall hold a hearing. In addition, a hearing shall be held if there is a significant public interest in issues relating to whether or not the submission should be approved. Instances of doubt shall be resolved in favor of holding the hearing.
D. Public notice of a hearing to consider a submission, sufficient to inform interested parties of the nature of the hearing and the right to participate, shall be published in the same newspaper as the notice of the original request for approval of the submission under subpart 2. In addition, notice of the hearing shall be sent to those persons requesting individual notice.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0950** Review, Approval, and Decision {#sec-7049.0950 omnilex-key=us-mn-regs-official--agency-167--7049.0950}
**Subpart 1. Time for review.**
A. The agency shall have 90 days from the date of the public notice required in part 7049.0940, subpart 2, to review the submission. The agency shall review the submission to determine compliance with parts 7049.0810 to 7049.0870 and, if removal credit authorization is sought, with parts 7049.0360 to 7049.0470. The agency may have up to an additional 90 days to complete the evaluation of the submission if the public comment period provided for in part 7049.0940, subpart 2, is extended beyond 30 days or if a public hearing is held as provided for in part 7049.0940, subpart 3. In no event, however, shall the time for evaluation of the submission exceed a total of 180 days from the date of public notice of the submission.
B. At the end of the 30-day or extended comment period and within the 90-day or extended period provided for in this subpart, the agency shall approve or deny the submission based on the evaluation in part 7049.0930 and take into consideration comments submitted during the comment period and the record of the public hearing, if held. If the agency makes a determination to deny the request, the agency shall notify the POTW and each person who has requested individual notice. The notification shall include suggested modifications and the agency may allow the requester additional time to bring the submission into compliance with applicable requirements.
**Subp. 2. Environmental Protection Agency objections.**
A POTW pretreatment program or authorization to grant removal credits must not be approved by the agency if, following the 30-day or extended public notice period provided for in part 7049.0940 and any hearing held pursuant to that notice, the Environmental Protection Agency regional administrator sets forth in writing objections to the approval of the submission and the reasons for the objections. A copy of the Environmental Protection Agency regional administrator's objections shall be provided to the applicant and each person who has requested individual notice. The Environmental Protection Agency regional administrator shall provide an opportunity for written comments and may convene a public hearing on the objections. Unless retracted, the Environmental Protection Agency regional administrator's objections shall constitute a final ruling to deny approval of a POTW pretreatment program or authorization to grant removal credits 90 days after the date the objections are issued.
**Subp. 3. Notification of result.**
The agency shall notify persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the submission. In addition, the agency shall publish a notice of approval or disapproval in the same newspapers as the original notice of request for approval of the submission was published. The agency shall identify in any notice of POTW pretreatment program approval any authorization to modify categorical pretreatment standards that the POTW authority may make according to parts 7049.0360 to 7049.0470 for removal of pollutants subject to categorical pretreatment standards.
**Subp. 4. Reissuance or modification of POTW permit.**
After the POTW's pretreatment program is approved, the POTW's national pollutant discharge elimination system permit shall be reissued or modified by the agency to incorporate the approved program as enforceable conditions of the permit. The modification of a POTW's national pollutant discharge elimination system permit for the purposes of incorporating a POTW pretreatment program approved according to parts 7049.0800 to 7049.0960 is a minor permit modification subject to the procedures in part 7001.1150.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0960** Approval of Request for Conditional Approval {#sec-7049.0960 omnilex-key=us-mn-regs-official--agency-167--7049.0960}
Upon receipt of a request for conditional approval, the agency shall establish a fixed date for the acquisition of the needed funding and personnel. If funding is not acquired by this date, the conditional approval of the POTW pretreatment program and any removal credits granted to the POTW authority may be modified or withdrawn.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0970** Modification of Potw Pretreatment Programs {#sec-7049.0970 omnilex-key=us-mn-regs-official--agency-167--7049.0970}
Either the agency or a POTW with an approved POTW pretreatment program may initiate program modification at any time to reflect changing conditions at the POTW. Program modification is necessary whenever there is a significant change in the operation of a POTW pretreatment program that differs from the information in the POTW's submission, as approved under parts 7049.0800 to 7049.0960.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0980** Substantial Modifications Defined {#sec-7049.0980 omnilex-key=us-mn-regs-official--agency-167--7049.0980}
Substantial modifications include:
A. modifications that relax POTW legal authorities, as described in part 7049.0820, except for modifications that directly reflect a revision to this chapter and are reported pursuant to part 7049.1000;
B. modifications that relax local limits, except for the modifications to local limits for pH and reallocations of the maximum allowable industrial loading of a pollutant that do not increase the total industrial loadings for the pollutant, which are reported pursuant to part 7049.1000. "Maximum allowable industrial loading" means the total mass of a pollutant that all industrial users of a POTW, or a subgroup of industrial users identified by the POTW authority, may discharge pursuant to limits developed under part 7049.0850;
C. changes to the POTW's control mechanism, as described in part 7049.0890;
D. a decrease in the frequency of self-monitoring or reporting required of industrial users;
E. a decrease in the frequency of industrial user inspections or sampling by the POTW;
F. changes to the POTW's confidentiality procedures; and
G. other modifications designated as substantial modifications by the agency on the basis that the modification could:
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.0990** Approval Procedures for Substantial Modifications {#sec-7049.0990 omnilex-key=us-mn-regs-official--agency-167--7049.0990}
**Subpart 1. Statement.**
To request approval of a substantial modification as defined under part 7049.0980, the POTW authority shall submit to the agency a statement of the basis for the desired program modification, a modified program description as required by parts 7049.0880 to 7049.0920, or other documents the agency determines to be necessary under the circumstances.
**Subp. 2. Agency action.**
The agency shall approve or disapprove the modification based on the requirements of parts 7049.0810 to 7049.0870 and using the procedures in parts 7049.0930 to 7049.0960, except as provided in items A and B. The modification becomes effective upon approval by the agency.
A. The agency need not publish a notice of decision under this part, provided the notice of request for approval under part 7049.0940 states that the request will be approved if no comments are received by a date specified in the notice, no substantive comments are received, and the request is approved without change.
B. Notices required by this part may be performed by the POTW provided that the agency finds that the POTW's notice otherwise satisfies part 7049.0940.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.1000** Approval Procedures for Nonsubstantial Modifications {#sec-7049.1000 omnilex-key=us-mn-regs-official--agency-167--7049.1000}
A. The POTW authority shall notify the agency of any nonsubstantial modification at least 45 days prior to implementation by the POTW, in a statement as provided for in part 7049.0990.
B. Within 45 days after the submission of the POTW's statement, the agency shall notify the POTW of its decision to approve or deny the nonsubstantial modification, except as provided in item C.
C. If the agency does not notify the POTW within 45 days of its decision to approve or deny the modification, or to treat the modification as substantial under parts 7049.0980 and 7049.0990, the POTW authority may implement the modification.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.1005** Incorporation in Permit {#sec-7049.1005 omnilex-key=us-mn-regs-official--agency-167--7049.1005}
Upon approval, modifications to a POTW's pretreatment program will be incorporated into the POTW's national pollutant discharge elimination system permit. The modification of a POTW's national pollutant discharge elimination system permit for the purposes of incorporating modifications to the POTW's pretreatment program approved according to parts 7049.0970 to 7049.1000 is a minor permit modification subject to the procedures in part 7001.1150.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.1010** Local Limits Re-Evaluation {#sec-7049.1010 omnilex-key=us-mn-regs-official--agency-167--7049.1010}
**Subpart 1. Monitoring for local limit pollutants.**
The POTW shall, for all pollutants of concern, obtain sufficient data to allow the POTW authority to evaluate the need for local limits and shall set local limits if they are needed. Monitoring shall be done at a sensitivity adequate to evaluate the need for local limits and set local limits if needed.
**Subp. 2. Re-evaluation of local limits.**
Each POTW authority shall periodically re-evaluate its local limits and the need for local limits. The re-evaluation shall be done at least once every five years unless otherwise provided in the POTW's national pollutant discharge elimination system permit.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
##### **Minn. R. 7049.1020** Annual Pretreatment Reports for Delegated Potw Pretreatment Programs {#sec-7049.1020 omnilex-key=us-mn-regs-official--agency-167--7049.1020}
A POTW authority with an approved delegated pretreatment program approved under parts 7049.0800 to 7049.1005 shall submit a pretreatment annual report to the agency for each calendar year. The report shall be submitted within 60 days after the end of each calendar year, unless a different date is specified in the POTW's national pollutant discharge elimination system permit. A POTW's first annual report meeting the requirements of this part following approval of its pretreatment program under parts 7049.0930 to 7049.0960 shall be submitted no later than one year after approval of the POTW's pretreatment program. The annual report shall describe the POTW's pretreatment activities during the previous calendar year and shall include the following additional information:
A. a summary of changes to the POTW's pretreatment program that have not been previously reported to the agency;
B. an updated list of the POTW authority's significant industrial users, including the summary total of significant industrial users and categorical industrial users, and a list of additions to and deletions from the previously submitted list of significant industrial users, with a brief explanation for each deletion. For each significant industrial user, the following information shall be included:
C. a list of categorical industrial users that are considered nonsignificant categorical industrial users as defined in part 7049.0120, subpart 24, item D, or are subject to reduced monitoring requirements under part 7049.0570, subpart 2;
D. a summary of the discharge monitoring data for each significant industrial user for the reporting year. The summary shall include all available data and shall accurately represent the discharge by the industrial user;
E. a summary of the inspection and sampling activities conducted by the POTW during the reporting year to gather information and data regarding industrial users. The summary shall include identification of the industrial users subject to surveillance by the POTW and an indication of the type, such as inspection or sampling, and number of surveillance activities performed;
F. a characterization of the compliance status of each significant industrial user during the reporting year. The compliance characterization shall at least indicate status as follows:
G. for each significant industrial user that was out of compliance with required pretreatment standards, a description of the standards or requirements that were violated. For each significant industrial user in significant noncompliance, the reason for the significant noncompliance, if known, and whether the significant industrial user was placed on a compliance schedule for returning to compliance shall be included. If the significant industrial user is on a compliance schedule, the date of final compliance shall be noted;
H. a summary of the enforcement actions taken by the POTW authority during the reporting year. The summary shall include the names and addresses of the industrial users that were the subject of enforcement action, the enforcement action taken, and whether or not the industrial user has returned to compliance. The report shall also list numbers of:
I. a description of any upset, interference, or pass-through incident at the POTW that the POTW authority knows or suspects were caused by industrial users of the POTW system. The description shall include the reasons why the incidents occurred, the corrective actions taken, and the industrial users responsible, if known. The report shall also include an assessment of the effectiveness of the pretreatment program in preventing interference, pass-through of pollutants, and contamination of sludge;
J. a summary of public participation activities to involve and inform the public. This shall include a copy of the annual publication of significant noncompliance, if the publication was needed to comply with part 7049.0830, item I; and
K. any other relevant information requested by the agency.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 33 SR 696*
## **Chapter 7050** WATERS OF THE STATE
##### **Minn. R. 7050.0100** [Repealed, 9 SR 913] {#sec-7050.0100 omnilex-key=us-mn-regs-official--agency-167--7050.0100}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0110** Scope {#sec-7050.0110 omnilex-key=us-mn-regs-official--agency-167--7050.0110}
Parts 7050.0130 to 7050.0227 apply to all waters of the state, both surface and underground. This chapter includes a classification system of beneficial uses applicable to waters of the state, narrative and numeric water quality standards that protect specific beneficial uses, antidegradation provisions, and other provisions to protect the physical, chemical, and biological integrity of waters of the state. Parts 7050.0400 to 7050.0470 classify all surface waters within or bordering Minnesota and designate the beneficial uses for which these waters are protected. This chapter applies to point source and nonpoint source discharges and to the physical alterations of wetlands. Other water quality rules of general or specific application that include any more stringent water quality standards or prohibitions are preserved.
Effluent limits and treatment requirements for discharges of sewage, industrial wastes, and other wastes are located in chapter 7053.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 913; 12 SR 1810; 18 SR 2195; 32 SR 1699; 9 SR 913; 12 SR 1810; 18 SR 2195; 32 SR 1699; 41 SR 545*
##### **Minn. R. 7050.0120** [Repealed, 9 SR 913] {#sec-7050.0120 omnilex-key=us-mn-regs-official--agency-167--7050.0120}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0130** General Definitions {#sec-7050.0130 omnilex-key=us-mn-regs-official--agency-167--7050.0130}
**Subpart 1. Scope.**
For purposes of this chapter, the following terms have the meanings given them.
**Subp. 2. Terms defined in statute.**
The terms "waters of the state," "groundwater," "water pollution," and "toxic pollutants," as well as any other terms for which definitions are given in the pollution control statutes, as used herein have the meanings given to them in Minnesota Statutes, sections 115.01 and 115.41, with the exception that disposal systems or treatment works operated under permit or certificate of compliance of the agency are not "waters of the state."
**Subp. 3. Seven-day ten-year low flow or 7Q10.**
A. "Seven-day ten-year low flow" or "7Q10 " means the lowest average seven-day flow with a once in ten-year recurrence interval. A 7Q10 is derived by identifying the lowest average flow for a seven-consecutive-day period from daily flow records for each year of record, from a continuous flow gauging station. The seven-day average low flow values for each year are arrayed in order of magnitude and fitted to a probability distribution. The 7Q10 is the stream or river flow that is equal to or exceeded by 90 percent of the values in the distribution.
B. The period of record for determining the specific flow for the stated recurrence interval, where records are available, shall include at least the most recent ten years of record, including flow records obtained after establishment of flow regulation devices, if any. Where stream flow records are not available, the flow may be estimated on the basis of available information on the watershed characteristics, precipitation, runoff, and other relevant data. The calculations shall not be applied to lakes and their embayments which have no comparable flow recurrence interval.
**Subp. 4. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency or the commissioner's designee.
**Subp. 5. Nonpoint source.**
"Nonpoint source" means a land management or land use activity that contributes or may contribute to ground and surface water pollution as a result of runoff, seepage, or percolation and that is not defined as a point source under Minnesota Statutes, section 115.01, subdivision 11.
**Subp. 6. Surface waters.**
"Surface waters" means waters of the state excluding groundwater as defined in Minnesota Statutes, section 115.01, subdivision 6.
**Subp. 7. Other terms.**
Other terms and abbreviations used in this chapter are defined in the part in which they are used. Terms and abbreviations used in this chapter that are not specifically defined in applicable federal or state law shall be construed in conformance with the context, and in relation to the applicable section of the statutes pertaining to the matter, and current professional usage.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 913; 12 SR 1810; 15 SR 1057; 18 SR 2195; 32 SR 1699*
##### **Minn. R. 7050.0140** Use Classifications for Waters of the State {#sec-7050.0140 omnilex-key=us-mn-regs-official--agency-167--7050.0140}
**Subpart 1. Introduction.**
Based on considerations of best usage and the need for water quality protection in the interest of the public, and in conformance with the requirements of Minnesota Statutes, section 115.44, the waters of the state are grouped into one or more of the classes in subparts 2 to 8. The classifications are listed in parts 7050.0400 to 7050.0470. The classifications should not be construed to be in order of priority, nor considered to be exclusive or prohibitory of other beneficial uses.
**Subp. 2. Class 1 waters, domestic consumption.**
Domestic consumption includes all waters of the state that are or may be used as a source of supply for drinking, culinary or food processing use, or other domestic purposes and for which quality control is or may be necessary to protect the public health, safety, or welfare.
**Subp. 3. Class 2 waters, aquatic life and recreation.**
Aquatic life and recreation includes all waters of the state that support or may support aquatic biota, bathing, boating, or other recreational purposes and for which quality control is or may be necessary to protect aquatic or terrestrial life or their habitats or the public health, safety, or welfare.
**Subp. 4. Class 3 waters, industrial consumption.**
Industrial consumption includes all waters of the state that are or may be used as a source of supply for industrial process or cooling water, or any other industrial or commercial purposes, and for which quality control is or may be necessary to protect the public health, safety, or welfare.
**Subp. 5. Class 4 waters, agriculture and wildlife.**
Agriculture and wildlife includes all waters of the state that are or may be used for any agricultural purposes, including stock watering and irrigation, or by waterfowl or other wildlife and for which quality control is or may be necessary to protect terrestrial life and its habitat or the public health, safety, or welfare.
**Subp. 6. Class 5 waters, aesthetic enjoyment and navigation.**
Aesthetic enjoyment and navigation includes all waters of the state that are or may be used for any form of water transportation or navigation or fire prevention and for which quality control is or may be necessary to protect the public health, safety, or welfare.
**Subp. 7. Class 6 waters, other uses and protection of border waters.**
Other uses includes all waters of the state that serve or may serve the uses in subparts 2 to 6 or any other beneficial uses not listed in this part, including without limitation any such uses in this or any other state, province, or nation of any waters flowing through or originating in this state, and for which quality control is or may be necessary for the declared purposes in this part, to conform with the requirements of the legally constituted state or national agencies having jurisdiction over such waters, or for any other considerations the agency may deem proper.
**Subp. 8. Class 7 waters, limited resource value waters.**
Limited resource value waters include surface waters of the state that have been subject to a use attainability analysis and have been found to have limited value as a water resource. Water quantities in these waters are intermittent or less than one cubic foot per second at the 7Q10 flow as defined in part 7050.0130, subpart 3. These waters shall be protected so as to allow secondary body contact use, to preserve the groundwater for use as a potable water supply, and to protect aesthetic qualities of the water. It is the intent of the agency that very few waters be classified as limited resource value waters. The use attainability analysis must take into consideration those factors listed in Minnesota Statutes, section 115.44, subdivisions 2 and 3. The agency, in cooperation and agreement with the Department of Natural Resources with respect to determination of fisheries values and potential, shall use this information to determine the extent to which the waters of the state demonstrate that:
A. the existing and potential faunal and floral communities are severely limited by natural conditions as exhibited by poor water quality characteristics, lack of habitat, or lack of water;
B. the quality of the resource has been significantly altered by human activity and the effect is essentially irreversible; or
C. there are limited recreational opportunities, such as fishing, swimming, wading, or boating, in and on the water resource. The conditions in items A and C or B and C must be established by the use attainability analysis before the waters can be classified as limited resource value waters.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 913; 32 SR 1699; 42 SR 441*
##### **Minn. R. 7050.0150** Determining Water Quality, Biological and Physical Conditions, and Compliance with Standards {#sec-7050.0150 omnilex-key=us-mn-regs-official--agency-167--7050.0150}
**Subpart 1. Policy and scope.**
The intent of the state is to protect and maintain surface waters in a condition which allows for the maintenance of all existing beneficial uses. The condition of a surface water body is determined by its physical, chemical, and biological qualities. The agency shall determine an exceedance of water quality standards or an impaired condition based on pollution of the waters of the state from point and nonpoint sources that has resulted in degradation of the physical, chemical, or biological qualities of the water body to the extent that attainable or previously existing beneficial uses are actually or potentially lost.
The narrative water quality standards in subpart 3 prescribe the qualities or properties of surface waters that are necessary for the protection of designated public uses and benefits. If the narrative standards in this part are exceeded, it is considered indicative of a polluted condition which is actually or potentially deleterious, harmful, detrimental, or injurious with respect to the designated uses of the waters of the state.
Subparts 5 to 7 list factors the commissioner will use to determine if surface waters are in compliance with applicable narrative standards in subpart 3. Determination of compliance with the narrative standards will be made for individual water bodies on a case-by-case basis.
**Subp. 2. Other standards preserved.**
The requirements of this part are in addition to the application of other narrative or numeric water quality standards in this chapter. If the requirements of this part conflict with any other narrative or numeric standard in this chapter, the more stringent standard applies.
**Subp. 3. Narrative standards.**
For all class 2 waters, the aquatic habitat, which includes the waters of the state and stream bed, shall not be degraded in any material manner, there shall be no material increase in undesirable slime growths or aquatic plants, including algae, nor shall there be any significant increase in harmful pesticide or other residues in the waters, sediments, and aquatic flora and fauna; the normal aquatic biota and the use thereof shall not be seriously impaired or endangered, the species composition shall not be altered materially, and the propagation or migration of aquatic biota normally present shall not be prevented or hindered by the discharge of any sewage, industrial waste, or other wastes to the waters.
**Subp. 4. Definitions.**
For the purposes of this chapter and chapter 7053, the following terms have the meanings given them.
A. "122-day ten-year low flow" or "122Q10" means the lowest average 122-day flow with a once in ten-year recurrence interval. A 122Q10 is derived using the same methods used to derive a 7Q10, and the guidelines regarding period of record for flow data and estimating a 7Q10 apply equally to determining a 122Q10, as described in part 7050.0130, subpart 3.
B. "Altered materially," "material increase," "material manner," "seriously impaired," and "significant increase," as used in subparts 3, 5, and 6, mean that pollution of the waters of the state has resulted in degradation of the physical, chemical, or biological qualities of the water body to the extent that attainable or previously existing beneficial uses are actually or potentially lost.
C. "Aquatic biota" means the aquatic community composed of game and nongame fish, minnows and other small fish, mollusks, insects, crustaceans and other invertebrates, submerged or emergent rooted vegetation, suspended or floating algae, substrate-attached algae, microscopic organisms, and other aquatic-dependent organisms that require aquatic systems for food or to fulfill any part of their life cycle, such as amphibians and certain wildlife species.
D. "Assemblage" means a taxonomic subset of a biological community such as fish in a stream community.
E. "Biological condition gradient" means a concept describing how aquatic communities change in response to increasing levels of stressors. In application, the biological condition gradient is an empirical, descriptive model that rates biological communities on a scale from natural to highly degraded.
F. "Biological criteria, narrative" or "biocriteria, narrative" means written statements describing the attributes of the structure and function of aquatic assemblages in a water body necessary to protect the designated aquatic life beneficial use. The singular form "biological criterion, narrative" or "biocriterion, narrative" may also be used.
G. "Biological criteria, numeric" or "biocriteria, numeric" means specific quantitative measures of the attributes of the structure and function of aquatic communities in a water body necessary to protect the designated aquatic life beneficial use. The singular form "biological criterion, numeric" or "biocriterion, numeric" may also be used.
H. "BOD5" or "five-day biochemical oxygen demand" means the amount of dissolved oxygen needed by aerobic biological organisms to break down organic material present in a given water sample at a certain temperature over a five-day period.
I. "Chlorophyll-a" means a pigment in green plants including algae. The concentration of chlorophyll-a, expressed in weight per unit volume of water, is a measurement of the abundance of algae.
J. "Diel flux" means the daily change in a constituent, such as dissolved oxygen or pH, when there is a distinct daily cycle in the measurement. Diel dissolved oxygen flux means the difference between the maximum daily dissolved oxygen concentration and the minimum daily dissolved oxygen concentration.
K. "Ecoregion" means an area of relative homogeneity in ecological systems based on similar soils, land use, land surface form, and potential natural vegetation. Minnesota ecoregions are shown on the map in part 7050.0468.
L. "Eutrophication" means the increased productivity of the biological community in water bodies in response to increased nutrient loading. Eutrophication is characterized by increased growth and abundance of algae and other aquatic plants, reduced water transparency, reduction or loss of dissolved oxygen, and other chemical and biological changes. The acceleration of eutrophication due to excess nutrient loading from human sources and activities, called cultural eutrophication, causes a degradation of water quality and possible loss of beneficial uses.
M. "Eutrophication standard" means the combination of indicators of enrichment and indicators of response as described in subpart 5. The indicators upon which the eutrophication standard for specific water bodies are based are as provided under subparts 5a to 5c.
N. "Hydraulic residence time" means the time water resides in a basin or, alternately, the time it would take to fill the basin if it were empty.
O. "Impaired water" or "impaired condition" means a water body that does not meet applicable water quality standards or fully support applicable beneficial uses, due in whole or in part to water pollution from point or nonpoint sources, or any combination thereof.
P. "Index of biotic integrity," "index of biological integrity, " or "IBI" means an index developed by measuring attributes of an aquatic community that change in quantifiable and predictable ways in response to human disturbance, representing the health of that community.
Q. "Lake" means an enclosed basin filled or partially filled with standing fresh water with a maximum depth greater than 15 feet. Lakes may have no inlet or outlet, an inlet or outlet, or both an inlet and outlet.
R. "Lake morphometry" means the physical characteristics of the lake basin that are reasonably necessary to determine the shape of a lake, such as maximum length and width, maximum and mean depth, area, volume, and shoreline configuration.
S. "Lotic water" means a flowing or moving water body such as a stream, river, or ditch.
T. "Mixing status" means the frequency of complete mixing of the lake water from surface to bottom, which is determined by whether temperature gradients are established and maintained in the water column during the summer season.
U. "Measurable increase" or "measurable impact" means a change in trophic status that can be discerned above the normal variability in water quality data using a weight of evidence approach. The change in trophic status does not require a demonstration of statistical significance to be considered measurable. Mathematical models may be used as a tool in the data analysis to help predict changes in trophic status.
V. "Natural causes" means the multiplicity of factors that determine the physical, chemical, or biological conditions that would exist in a water body in the absence of measurable impacts from human activity or influence.
W. "Normal aquatic biota" and "normally present" mean a healthy aquatic community expected to be present in the water body in the absence of pollution of the water, consistent with any variability due to natural hydrological, substrate, habitat, or other physical and chemical characteristics. Expected presence is based on comparing the aquatic community in the water body of interest to the aquatic community in representative reference water bodies.
X. "Nuisance algae bloom" means an excessive population of algae that is characterized by obvious green or blue-green pigmentation in the water, floating mats of algae, reduced light transparency, aesthetic degradation, loss of recreational use, possible harm to the aquatic community, or possible toxicity to animals and humans. Algae blooms are measured through tests for chlorophyll-a, observations of Secchi disk transparency, and observations of impaired recreational and aesthetic conditions by the users of the water body, or any other reliable data that identifies the population of algae in an aquatic community.
Y. "Periphyton" means algae on the bottom of a water body. In rivers or streams, these forms are typically found attached to logs, rocks, or other substrates, but when dislodged the algae will become part of the seston.
Z. "Readily available and reliable data and information" means chemical, biological, and physical data and information determined by the commissioner to meet the quality assurance and quality control requirements in subpart 8, that are not more than ten years old from the time they are used for the assessment. A subset of data in the ten-year period, or data more than ten years old can be used if credible scientific evidence shows that these data are representative of current conditions.
AA. "Reference water body" means a water body minimally or least impacted by point or nonpoint sources of pollution that is representative of water bodies of a similar surface water body type and within a geographic region such as an ecoregion or watershed. Reference water bodies are used as a base for comparing the quality of similar water bodies in the same geographic region.
BB. "Reservoir" means a body of water in a natural or artificial basin or watercourse where the outlet or flow is artificially controlled by a structure such as a dam. Reservoirs are distinguished from river systems by having a hydraulic residence time of at least 14 days. For purposes of this item, residence time is determined using a flow equal to the 122Q10 for the months of June through September.
CC. "River nutrient region" means the geographic basis for regionalizing the river eutrophication criteria as described in Heiskary, S. and K. Parson, Regionalization of Minnesota's Rivers for Application of River Nutrient Criteria, Minnesota Pollution Control Agency (2013), which is incorporated by reference. The document is not subject to frequent change and is available through the Minitex interlibrary loan system.
DD. "Secchi disk" means a tool that is used to measure the transparency of lake water. A Secchi disk is an eight-inch weighted disk on a calibrated rope, either white or with quadrants of black and white. To measure water transparency with a Secchi disk, the disk is viewed from the shaded side of a boat. The depth of the water at the point where the disk reappears upon raising it after it has been lowered beyond visibility is recorded.
EE. "Secchi disk transparency" means the transparency of water as measured by a Secchi disk, a Secchi tube, or a transparency tube.
FF. "Secchi tube" means a tool that is used to measure the transparency of stream or river water. A Secchi tube is a clear plastic tube, one meter in length and 1-3/4 inch in diameter, with a mini-Secchi disk on a string. To measure water transparency, the tube is filled with water collected from a stream or river and, looking into the tube from the top, the weighted Secchi disk is lowered into the tube by a string until it disappears and then raised until it reappears, allowing the user to raise and lower the disk within the same water sample numerous times. The depth of the water at the midpoint between disappearance and reappearance of the disk is recorded in centimeters, which are marked on the side of the tube. If the Secchi disk is visible when it is lowered to the bottom of the tube, the transparency reading is recorded as "greater than 100 centimeters."
GG. "Seston" means particulate matter suspended in water bodies and includes plankton and organic and inorganic matter.
HH. "Shallow lake" means an enclosed basin filled or partially filled with standing fresh water with a maximum depth of 15 feet or less or with 80 percent or more of the lake area shallow enough to support emergent and submerged rooted aquatic plants (the littoral zone). It is uncommon for shallow lakes to thermally stratify during the summer. The quality of shallow lakes will permit the propagation and maintenance of a healthy indigenous aquatic community and they will be suitable for boating and other forms of aquatic recreation for which they may be usable. Shallow lakes are differentiated from wetlands and lakes on a case-by-case basis. Wetlands are defined in part 7050.0186, subpart 1a.
II. "Summer-average" means a representative average of concentrations or measurements of nutrient enrichment factors, taken over one summer season.
JJ. "Summer season" means a period annually from June 1 through September 30.
KK. "Transparency tube" means a tool that is used to measure the transparency of stream or river water. A transparency tube is a graduated clear plastic tube, 24 inches or more in length by 1-1/2 inches in diameter, with a stopper at the bottom end. The inside surface of the stopper is painted black and white. To measure water transparency, the tube is filled with water from a surface water; the water is released through a valve at the bottom end until the painted surface of the stopper is just visible through the water column when viewed from the top of the tube. The depth, in centimeters, is noted. More water is released until the screw in the middle of the painted symbol on the stopper is clearly visible; this depth is noted. The two observed depths are averaged to obtain a transparency measurement.
LL. "Trophic status or condition" means the productivity of a lake as measured by the phosphorus content, algae abundance, and depth of light penetration.
MM. "Use attainability analysis" means a structured scientific assessment of the physical, chemical, biological, and economic factors affecting attainment of the uses of water bodies. A use attainability analysis is required to remove a designated use specified in section 101(a)(2) of the Clean Water Act that is not an existing use. The allowable reasons for removing a designated use are described in Code of Federal Regulations, title 40, section 131.10 (g).
NN. "Water body" means a lake, reservoir, wetland, or a geographically defined portion of a river or stream.
OO. "Water body type" means a group of water bodies with similar natural physical, chemical, and biological attributes, where the characteristics are similar among water bodies within each type and distinct from water bodies of other types.
**Subp. 5. Impairment of waters due to excess algae or plant growth.**
In evaluating whether the narrative standards in subpart 3, which prohibit any material increase in undesirable slime growths or aquatic plants including algae, are being met, the commissioner will use all readily available and reliable data and information for the following factors of use impairment:
A. representative summer-average concentrations of total phosphorus and total nitrogen measured in the water body;
B. representative summer-average concentrations of chlorophyll-a seston measured in the water body;
C. representative summer-average measurements of Secchi disk transparency in the water body;
D. representative summer-average concentrations of five-day biochemical oxygen demand measured in rivers and streams;
E. representative diel dissolved oxygen flux measurements in rivers and streams as averaged over a minimum of four consecutive days during the summer season;
F. representative measurements of pH in the water body during the summer season;
G. representative measurements of chlorophyll-a (periphyton) on substrates on the beds of rivers and streams during the summer season; and
H. any other scientifically objective, credible, and supportable factor.
**Subp. 5a. Impaired condition; lakes, shallow lakes, and reservoirs.**
A. For lakes, shallow lakes, and reservoirs, a finding of an impaired condition must be supported by data showing:
B. The trophic status data described in subpart 5, items A to C and H, must be assessed in light of the magnitude, duration, and frequency of nuisance algae blooms in the water body; and documented impaired recreational and aesthetic conditions observed by the users of the water body due to excess algae or plant growth, reduced transparency, or other deleterious conditions caused by nutrient overenrichment.
C. Assessment of trophic status and the response of a given water body to nutrient enrichment will take into account the trophic status of reference water bodies; and all relevant factors that affect the trophic status of the given water body appropriate for its geographic region, such as the temperature, morphometry, hydraulic residence time, mixing status, watershed size, and location.
**Subp. 5b. Impaired condition; rivers and streams.**
For rivers and streams, a finding of an impaired condition must be supported by data showing:
A. elevated levels of nutrients under subpart 5, item A, and at least one factor showing impaired conditions resulting from nutrient overenrichment under subpart 5, item B, D, E, F, or H; or
B. elevated levels of chlorophyll-a (periphyton) under subpart 5, item G.
**Subp. 5c. Impaired condition; navigational pools.**
For navigational pools, a finding of impaired condition must be supported by data showing:
A. elevated levels of nutrients under subpart 5, item A; and
B. impaired conditions resulting from nutrient overenrichment under subpart 5, item B.
**Subp. 6. Impairment of biological community and aquatic habitat.**
In evaluating whether the narrative standards in subpart 3, which prohibit serious impairment of the normal aquatic biota and the use thereof, material alteration of the species composition, material degradation of stream beds, and the prevention or hindrance of the propagation and migration of aquatic biota normally present, are being met, the commissioner will consider all readily available and reliable data and information for the following factors of use impairment:
A. an index of biological integrity calculated from measurements of attributes of the resident fish community, including measurements of:
B. an index of biological integrity calculated from measurements of attributes of the resident aquatic invertebrate community, including measurements of:
C. an index of biological integrity calculated from measurements of attributes of the resident aquatic plant community, including measurements of:
D. a quantitative or qualitative assessment of habitat quality, determined by an assessment of:
E. any other scientifically objective, credible, and supportable factors. A finding of an impaired condition must be supported by data for the factors listed in at least one of items A to C. The biological quality of any given surface water body will be assessed by comparison to the biological conditions determined by the commissioner using a biological condition gradient model or a set of reference water bodies which best represents the most natural condition for that surface water body type within a geographic region.
**Subp. 7. Impairment of waters relating to fish for human consumption.**
A. In evaluating whether the narrative standards in subpart 3, which prevent harmful pesticide or other toxic pollutant residues in aquatic flora or fauna, are being met, the commissioner must use the methods in:
B. If CSft has not been established for a pollutant with chronic standards (CS) applicable in water (CSdfr, CSdev, or CSfr, as defined in parts 7050.0218, subpart 3, item Q, and 7050.0219, subpart 13, item B), the residue levels in fish muscle tissue established by the Minnesota Department of Health must be used to identify surface waters supporting fish for which the Minnesota Department of Health recommends a reduced frequency of fish consumption for the protection of public health. A water body will be considered impaired when the recommended consumption frequency is less than one meal per week, such as one meal per month, for any member of the population. That is, a water body will not be considered impaired if the recommended consumption frequency is one meal per week, or any less restrictive recommendation such as two meals per week, for all members of the population. The impaired condition must be supported with measured data on the contaminant levels in the resident fish.
C. When making impairment determinations in an individual water body for a pollutant with both a fish tissue-based CCft or CSft and a CS applicable in water, comparison of fish tissue data to the CCft or CSft must be the basis for the final impairment determination.
**Subp. 8. Determining compliance.**
In making tests or analyses of the waters of the state, sewage, industrial wastes, or other wastes to determine compliance with the standards and water quality condition, samples shall be collected in a manner and place, and of such type, number, and frequency as may be considered necessary by the agency from the viewpoint of adequately reflecting the condition of the waters, the composition of the effluents, and the effects of the pollutants upon the specified uses. The samples shall be collected, preserved, and analyzed following accepted quality control and quality assurance methods, and according to the procedures in Code of Federal Regulations, title 40, part 136. The agency may accept or may develop other methods, procedures, guidelines, or criteria for collecting and analyzing samples and measuring water quality characteristics. The commissioner will retain a record of all impairment decisions using the factors in this part, including all supporting data, for a minimum of eight years.
**History**
- *Statutory Authority: MS s 115.03; 115.44; L 2005 1Sp1 art 2 s 151*
- *History: 9 SR 913; 15 SR 1057; 18 SR 2195; 27 SR 1217; 31 SR 1168; 32 SR 1699; 39 SR 154; 39 SR 1344; 42 SR 441*
##### **Minn. R. 7050.0155** Protecting Downstream Uses {#sec-7050.0155 omnilex-key=us-mn-regs-official--agency-167--7050.0155}
All waters must maintain a level of water quality that provides for the attainment and maintenance of the water quality standards of downstream waters, including the waters of another state.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 42 SR 441*
##### **Minn. R. 7050.0160** [Repealed, 9 SR 913] {#sec-7050.0160 omnilex-key=us-mn-regs-official--agency-167--7050.0160}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0170** Natural Water Quality {#sec-7050.0170 omnilex-key=us-mn-regs-official--agency-167--7050.0170}
The waters of the state may, in a natural condition, have water quality characteristics or chemical concentrations approaching or exceeding the water quality standards. Natural conditions exist where there is no discernible impact from point or nonpoint source pollutants attributable to human activity or from a physical alteration of wetlands. Natural background levels are defined by water quality monitoring. Where water quality monitoring data are not available, background levels can be predicted based on data from a watershed with similar characteristics.
Where natural background levels do not exceed applicable standards, the addition of pollutants from human activity and resulting point or nonpoint source discharges shall be limited such that, in total, the natural background levels and the additions from human activity shall not exceed the standards. When reasonable justification exists to preserve the higher natural quality of a water resource, the commissioner may use the natural background levels that are lower than the applicable site-specific standards to control the addition of the same pollutants from human activity. The reasonable justification must meet the requirements under parts 7050.0250 to 7050.0335.
Where background levels exceed applicable standards, the background levels may be used as the standards for controlling the addition of the same pollutants from point or nonpoint source discharges in place of the standards.
In the adoption of standards for individual waters of the state, the agency will be guided by the standards herein but may make reasonable modifications of the same on the basis of evidence brought forth at a public hearing if it is shown to be desirable and in the public interest to do so in order to encourage the best use of the waters of the state or the lands bordering such waters.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 913; 12 SR 1810; 18 SR 2195; 9 SR 913; 12 SR 1810; 18 SR 2195; 41 SR 545*
##### **Minn. R. 7050.0180** [Repealed, 41 SR 545] {#sec-7050.0180 omnilex-key=us-mn-regs-official--agency-167--7050.0180}
[Repealed, 41 SR 545]
##### **Minn. R. 7050.0185** [Repealed, 41 SR 545] {#sec-7050.0185 omnilex-key=us-mn-regs-official--agency-167--7050.0185}
[Repealed, 41 SR 545]
##### **Minn. R. 7050.0186** Wetland Standards and Mitigation {#sec-7050.0186 omnilex-key=us-mn-regs-official--agency-167--7050.0186}
**Subpart 1. Policy and wetland beneficial uses.**
It is the policy of the state to protect wetlands and prevent significant adverse impacts on wetland beneficial uses caused by chemical, physical, biological, or radiological changes. The quality of wetlands must be maintained to permit propagation and maintenance of a healthy community of aquatic and terrestrial species indigenous to wetlands; preserve wildlife habitat; support biological diversity of the landscape; and be suitable for erosion control, groundwater recharge, low flow augmentation, stormwater retention, and stream sedimentation. In addition, these waters must be suitable for boating and other forms of aquatic recreation as specified in part 7050.0222, subpart 6; general industrial use as specified in part 7050.0223, subpart 2; irrigation and use by wildlife and livestock as specified in part 7050.0224, subparts 2 and 3; and aesthetic enjoyment as specified in part 7050.0225, subpart 2.
**Subp. 1a. Definitions.**
A. "Physical alteration" means the dredging, filling, draining, or permanent inundating of a wetland. Restoring a degraded wetland by reestablishing its hydrology is not a physical alteration.
B. "Wetlands" are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes:
**Subp. 1b. Wetland pollution prohibited.**
Wetland conditions shall be protected from chemical, physical, biological, or radiological changes to prevent significant adverse impacts to the designated beneficial uses listed in subpart 1. The antidegradation provisions in this chapter are applicable to wetlands.
**Subp. 2. Wetland mitigation principles.**
The wetland mitigative sequence incorporates the principles in items A to C in descending order of priority. Wetland mitigation maintains antidegradation of wetland designated uses:
A. avoid the impact altogether by not taking a certain action or parts of an action;
B. minimize the impact by limiting the degree or magnitude of the action and its implementation, and by taking affirmative actions to rectify the impact and reduce or eliminate the impact over time; and
C. mitigate the unavoidable impact to the designated uses of a wetland by compensation. Compensatory mitigation shall be accomplished in the following descending order of priority of replacement:
**Subp. 3. Determining wetland dependency.**
A project is wetland dependent if wetland designated uses are essential to fulfill the basic purpose of the project. A wetland dependent project is exempt from subpart 4, but will follow the remainder of the mitigation sequence. Where the proposed project is not wetland dependent, the wetland mitigation sequence in subpart 2 must be followed.
**Subp. 4. Impact avoidance.**
No person may cause or allow a physical alteration which has the potential for a significant adverse impact on one or more designated uses of a wetland, unless there is not a prudent and feasible alternative that would avoid impacts to the designated uses of the wetland.
A. Prudent and feasible alternatives that do not involve wetlands are presumed to be available unless clearly demonstrated otherwise by the permit or certification applicant.
B. If no prudent and feasible alternative is available for avoidance, potential significant adverse impacts to the designated uses of the wetland shall be minimized in compliance with subpart 5.
**Subp. 5. Impact minimization.**
A. The permit or certification applicant shall implement actions to minimize potential significant adverse impacts of the physical alteration.
B. In evaluating the applicant's actions to minimize impacts, the agency shall consider:
C. If the potential for significant adverse impacts on designated uses remains after all actions to minimize the impacts have been incorporated into the proposed project, unavoidable impacts shall be compensated for in compliance with subpart 6.
**Subp. 6. Impact compensation.**
The permit or certification applicant shall provide compensatory mitigation for unavoidable impacts on the designated uses of the wetland in accordance with this subpart.
A. Compensatory mitigation must be sufficient to ensure replacement of the diminished or lost designated uses of the wetland that was physically altered.
B. Compensatory mitigation shall be accomplished in the following descending order of priority of replacement:
C. If compensatory mitigation is accomplished by restoration or creation, the replacement wetland shall be of the same type and in the same watershed as the impacted wetland, to the extent prudent and feasible.
D. Compensatory mitigation shall be completed before or concurrent with the actual physical alteration of the wetland affected by the proposed project to the extent prudent and feasible.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 18 SR 2195; 32 SR 1699; 18 SR 2195; 32 SR 1699; 41 SR 545; 18 SR 2195; 32 SR 1699; 41 SR 545; 46 SR 5*
##### **Minn. R. 7050.0190** Variance from Standards {#sec-7050.0190 omnilex-key=us-mn-regs-official--agency-167--7050.0190}
**Subpart 1. Applicability.**
A variance under this part is a temporary change in a state water quality standard for a specified pollutant that reflects the highest attainable conditions for a permittee during the term of the variance. This part applies to variance requests from individual point source discharges to surface waters of the state for any water-quality-based effluent limit based on a water quality standard of this chapter that is included in a permit. To be eligible for a water quality standards variance, the permittee must demonstrate to the agency that the permittee has met the following conditions:
A. the variance would not jeopardize the continued existence of an endangered or threatened species listed under chapter 6134 or section 4 of the Endangered Species Act, United States Code, title 16, section 1533, or result in destruction or adverse modification of the species' critical habitat;
B. standards will not be attained by implementing effluent limitations required under sections 301(b) and 306 of the Clean Water Act, United States Code, title 33, sections 1311(b) and 1316, and by the permittee implementing cost-effective and reasonable best management practices for nonpoint sources under the permittee's control as established under state authority; and
C. the variance would not remove an existing use.
**Subp. 2. Listing.**
The agency shall advise the United States Environmental Protection Agency of variances granted by the agency under this part, together with information as to the need for the variance. By October 1 each year, the commissioner shall prepare a list of the variances currently in effect and approved by the United States Environmental Protection Agency or granted by the agency under part 7053.0195. The list must be available for public inspection and must be provided to the United States Environmental Protection Agency. The list must identify the person that received the variance, the rule from which the variance was granted, the water body affected, the year approved by the United States Environmental Protection Agency or granted by the agency under part 7053.0195, the date the variance expires, and any restrictions that apply in lieu of the rule requirement.
**Subp. 3.**
[Repealed, 41 SR 463]
**Subp. 4. Conditions for approval.**
Before a variance can become effective, the variance must be submitted to and approved by the United States Environmental Protection Agency in accordance with section 303(c) of the Clean Water Act and Code of Federal Regulations, title 40, sections 131.20 and 131.21. To be eligible for a preliminary determination by the agency to grant the variance, the permittee must:
A. demonstrate to the agency that attaining the water quality standard is not feasible because:
B. show that the variance conforms with parts 7050.0250 to 7050.0335;
C. characterize the extent of any increased risk to human health and the environment associated with granting the variance, such that the agency is able to conclude that any increased risk is consistent with the protection of the public health, safety, and welfare; and
D. show sufficient information to allow the agency to determine the water quality currently attained and the interim numeric effluent conditions that reflect the highest attainable conditions for a permittee during the term of the variance.
**Subp. 5. Submittal and notice requirements.**
Variance application submittal, public notice of the agency's preliminary determination to grant the variance, and notice requirements must conform to part 7000.7000.
**Subp. 6. Agency final decision; variance requirements.**
The agency must make a final decision regarding the variance request that conforms to the procedural requirements in part 7000.7000. The agency must hold at least one meeting that meets the minimum public participation requirements in Code of Federal Regulations, title 40, section 25.5, before the agency makes a final decision on the variance request. If the agency grants the variance and the variance is approved by the United States Environmental Protection Agency, the permit issued by the agency must include and incorporate the following variance terms and conditions:
A. an effluent limitation representing currently achievable treatment conditions based on discharge monitoring or projected effluent quality that is no less stringent than that achieved under the previous permit;
B. a schedule of compliance activities to improve water quality and move toward attainment of the underlying water quality standard;
C. an effluent limitation sufficient to meet the underlying water quality standard, upon the expiration of the variance, when the duration of the variance is shorter than the duration of the permit; and
D. a provision allowing the agency to reopen and modify the permit based on agency triennial water quality standards revisions applicable to the variance.
**Subp. 7. Renewal.**
To be eligible for renewal of a variance, the permittee is subject to the requirements of subparts 1 to 6.
**Subp. 8. Term and expiration.**
The terms and conditions of a water quality standards variance are included and incorporated in the permit issued by the agency. The term of a variance must only be as long as necessary to achieve the highest attainable condition. For a variance with the term greater than five years, only if requested in writing by the permittee, the agency shall reevaluate the variance every five years in accordance with Code of Federal Regulations, title 40, section 131.14 (b)(1)(v) and (vi). If the permittee does not request a reevaluation, the variance expires at the end of the five-year period.
**Subp. 9. Public notice and review.**
A. Every three years, the agency shall provide public notice of a list of variances currently in effect at the time of public notice, consistent with the triennial review of water quality standards required under Code of Federal Regulations, title 40, section 131.20. The public notice shall include a statement that a person may submit to the agency new information that has become available relevant to the list of variances.
B. If a permittee requests a renewal of a variance according to subpart 7, the agency shall consider information submitted under item A in its review for renewal of the variance. Variances from discharge effluent limits and treatment requirements are granted by the agency under parts 7000.7000 and 7053.0195.
**History**
- *Statutory Authority: MS s 115.03; 115.44; 116.07*
- *History: 9 SR 913; 12 SR 1810; 19 SR 1310; 32 SR 1699; 41 SR 463; 41 SR 545*
##### **Minn. R. 7050.0200** [Repealed, 32 SR 1699] {#sec-7050.0200 omnilex-key=us-mn-regs-official--agency-167--7050.0200}
[Repealed, 32 SR 1699]
##### **Minn. R. 7050.0210** General Standards for Waters of the State {#sec-7050.0210 omnilex-key=us-mn-regs-official--agency-167--7050.0210}
**Subpart 1.**
[Repealed, 32 SR 1699]
**Subp. 2. Nuisance conditions prohibited.**
No sewage, industrial waste, or other wastes shall be discharged from either point or nonpoint sources into any waters of the state so as to cause any nuisance conditions, such as the presence of significant amounts of floating solids, scum, visible oil film, excessive suspended solids, material discoloration, obnoxious odors, gas ebullition, deleterious sludge deposits, undesirable slimes or fungus growths, aquatic habitat degradation, excessive growths of aquatic plants, or other offensive or harmful effects.
**Subp. 3.**
[Repealed, 32 SR 1699]
**Subp. 4. Highest levels of water quality.**
The highest levels of water quality, including, but not limited to, dissolved oxygen, that are attainable in the waters of the state by continuous operation at the maximum capability of all primary and secondary units of treatment works or their equivalent, discharging effluents into the waters of the state, must be maintained in order to enhance conditions for the specified uses.
**Subp. 5. Mixing zones.**
Reasonable allowance will be made for dilution of the effluents, which are in compliance with this chapter and chapter 7053, as applicable, following discharge into waters of the state. The agency, by allowing dilution, will consider the effect on all uses of the waters of the state into which the effluents are discharged. The extent of dilution allowed regarding any specific discharge as specified in part 7053.0205, subpart 7, shall not violate the applicable water quality standards in this chapter and chapter 7052, including the antidegradation requirements contained in those chapters. This subpart also applies in cases where a class 7 water is tributary to a class 2 water.
Mixing zones must be established by the agency on an individual basis, with primary consideration being given to the following guidelines:
A. mixing zones in rivers shall permit an acceptable passageway for the movement of fish;
B. the total mixing zone or zones at any transect of the stream should contain no more than 25 percent of the cross sectional area and/or volume of flow of the stream, and should not extend over more than 50 percent of the width;
C. mixing zone characteristics shall not be lethal to aquatic organisms;
D. for contaminants other than heat, the FAV, as defined in part 7050.0218, subpart 3, item Y, for toxic pollutants should not be exceeded as a one-day mean concentration at any point in the mixing zone;
E. mixing zones should be as small as possible, and not intersect spawning or nursery areas, migratory routes, water intakes, nor mouths of rivers; and
F. overlapping of mixing zones should be minimized and measures taken to prevent adverse synergistic effects.
**Subp. 6.**
[Renumbered 7050.0211, subpart 1]
**Subp. 6a.**
[Renumbered 7050.0211, subpart 2]
**Subp. 6b.**
[Renumbered 7050.0211, subpart 3]
**Subp. 6c. Other requirements preserved.**
The requirements of this chapter are in addition to any requirement imposed by the Clean Water Act, United States Code, title 33, sections 1251 et seq., and its implementing regulations. In the case of a conflict between the requirements of this chapter and the requirements of the Clean Water Act or its implementing regulations, the more stringent requirement controls.
**Subp. 7. Minimum stream flow.**
Point and nonpoint sources of water pollution shall be controlled so that the water quality standards will be maintained at all stream flows that are equal to or greater than the 7Q10 for the critical month or months, unless another flow condition is specifically stated as applicable in this chapter or chapter 7053.
**Subp. 8.**
[Renumbered 7050.0213]
**Subp. 9.**
[Repealed, 32 SR 1699]
**Subp. 10.**
[Repealed, 32 SR 1699]
**Subp. 11.**
[Repealed, 12 SR 1810]
**Subp. 12.**
[Repealed, 32 SR 1699]
**Subp. 13. Pollution prohibited.**
No sewage, industrial waste, or other wastes shall be discharged from either a point or a nonpoint source into the waters of the state in such quantity or in such manner alone or in combination with other substances as to cause pollution as defined by law. In any case where the waters of the state into which sewage, industrial waste, or other waste effluents discharge are assigned different standards than the waters of the state into which the receiving waters flow, the standards applicable to the waters into which the sewage, industrial waste, or other wastes discharged shall be supplemented by the following:
The quality of any waters of the state receiving sewage, industrial waste, or other waste effluents shall be such that no violation of the standards of any waters of the state in any other class shall occur by reason of the discharge of the sewage, industrial waste, or other waste effluents.
**Subp. 13a.**
[Repealed, 32 SR 1699]
**Subp. 14.**
[Repealed, 15 SR 1057]
**Subp. 15.**
[Repealed, 32 SR 1699]
**Subp. 16.**
[Renumbered 7050.0214]
**Subp. 17.**
[Repealed, 32 SR 1699]
**Subp. 18.**
[Repealed, 32 SR 1699]
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 913; 9 SR 2756; L 1987 c 186 s 15; 12 SR 1810; 15 SR 1057; 18 SR 614; 18 SR 2195; 22 SR 1466; 24 SR 1105; 27 SR 1217; 32 SR 1699; 9 SR 913; 9 SR 2756; L 1987 c 186 s 15; 12 SR 1810; 15 SR 1057; 18 SR 614; 18 SR 2195; 22 SR 1466; 24 SR 1105; 27 SR 1217; 32 SR 1699; 41 SR 545; 9 SR 913; 9 SR 2756; L 1987 c 186 s 15; 12 SR 1810; 15 SR 1057; 18 SR 614; 18 SR 2195; 22 SR 1466; 24 SR 1105; 27 SR 1217; 32 SR 1699; 41 SR 545; 46 SR 5*
##### **Minn. R. 7050.0211** [Repealed, 32 SR 1699] {#sec-7050.0211 omnilex-key=us-mn-regs-official--agency-167--7050.0211}
[Repealed, 32 SR 1699]
##### **Minn. R. 7050.0212** [Repealed, 32 SR 1699] {#sec-7050.0212 omnilex-key=us-mn-regs-official--agency-167--7050.0212}
[Repealed, 32 SR 1699]
##### **Minn. R. 7050.0213** [Repealed, 32 SR 1699] {#sec-7050.0213 omnilex-key=us-mn-regs-official--agency-167--7050.0213}
[Repealed, 32 SR 1699]
##### **Minn. R. 7050.0214** [Repealed, 32 SR 1699] {#sec-7050.0214 omnilex-key=us-mn-regs-official--agency-167--7050.0214}
[Repealed, 32 SR 1699]
##### **Minn. R. 7050.0215** [Repealed, 32 SR 1699] {#sec-7050.0215 omnilex-key=us-mn-regs-official--agency-167--7050.0215}
[Repealed, 32 SR 1699]
##### **Minn. R. 7050.0216** [Repealed, 32 SR 1699] {#sec-7050.0216 omnilex-key=us-mn-regs-official--agency-167--7050.0216}
[Repealed, 32 SR 1699]
##### **Minn. R. 7050.0217** Objectives for Protecting Surface Waters from Toxic Pollutants {#sec-7050.0217 omnilex-key=us-mn-regs-official--agency-167--7050.0217}
**Subpart 1. Purpose and applicability.**
The purpose of this part is to establish the objectives for developing numeric water quality standards listed in parts 7050.0220, 7050.0222, 7050.0227, and 7052.0100 and site-specific water quality criteria for toxic pollutants or chemicals developed in the absence of numeric standards. The listed numeric standards for toxics and site-specific numeric criteria established by methods in parts 7050.0218 and 7050.0219 protect class 2 waters for the propagation and maintenance of aquatic biota, the consumption of fish and edible aquatic life by humans, the use of surface waters for public and private domestic consumption where applicable, and the consumption of aquatic organisms by wildlife. These criteria also protect the uses assigned to class 7, limited resource value, waters as described in parts 7050.0140 and 7050.0227.
**Subp. 2. Objectives.**
A. Protection of the aquatic community from the toxic effects of pollutants means the protection of no less than 95 percent of all the species in any aquatic community. Greater protection may be applied to a community if economically, recreationally, or ecologically important species are very sensitive.
B. Protection of human consumers of fish, other edible aquatic organisms, and water for drinking from surface waters means that exposure from noncarcinogenic chemicals, including nonlinear carcinogens (NLC), singly or in mixtures, must be below levels expected to produce known adverse effects; the combined risk from mixtures of noncarcinogens and NLC must not exceed the common health risk index endpoints or health endpoints described in part 7050.0222, subpart 7, item D; and the incremental cancer risk from exposure to carcinogenic chemicals, singly or in mixtures, must not exceed one in 100,000. The combined risk from mixtures of linear carcinogens (C) will be determined as described in part 7050.0222, subpart 7, item E.
C. Protection of wildlife that eat aquatic organisms means the protection of the most sensitive wildlife species or populations. Greater protection may be applied if the exposed animals include endangered or threatened wildlife species listed in chapter 6134, or in Code of Federal Regulations, title 50, part 17, under the Endangered Species Act of 1973, United States Code, title 16, sections 1531 to 1543.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 15 SR 1057; 18 SR 2195; 32 SR 1699; 39 SR 1344; 42 SR 441*
##### **Minn. R. 7050.0218** For Toxic Pollutants: Definitions and Methods for Determining Human Health-Based Numeric Standards and Site-Specific Numeric Criteria for Aquatic Life, Human Health, and Fish-Eating Wildlife {#sec-7050.0218 omnilex-key=us-mn-regs-official--agency-167--7050.0218}
**Subpart 1. Purpose.**
The methods in this part and part 7050.0219 meet the objectives in part 7050.0217 and provide the basis for developing human health-based numeric chronic standards and site-specific numeric criteria for aquatic toxicity, human health, and fish-eating wildlife. The agency may also adopt new standards according to Minnesota Statutes, chapter 14, to replace those listed in parts 7050.0220 to 7050.0227 and 7052.0100 that are more stringent or less stringent if new scientific evidence shows that a change in the standard is justified.
**Subp. 2. Site-specific criteria.**
The class 2 and class 7 numeric water quality standards for toxic pollutants in parts 7050.0220, 7050.0222, 7050.0227, and 7052.0100 do not address all pollutants that may be discharged to surface waters and cause toxic effects. Therefore, methods are established in this part and part 7050.0219 to address on a site-specific basis the discharge into surface waters of toxic pollutants not listed in parts 7050.0220, 7050.0222, 7050.0227, 7052.0100. Class 2 and class 7 site-specific numeric criteria for toxic pollutants shall be derived by the commissioner using the procedures in this part.
A. A site-specific criterion so derived is specific to the point source being addressed. Any effluent limitation derived from a site-specific criterion under this subpart shall only be required after the discharger has been given notice of the specific proposed effluent limitations and an opportunity to request a hearing as provided in part 7000.1800.
B. A site-specific criterion so derived for remedial action cleanup activities is specific to the affected surface water body.
**Subp. 3. Definitions.**
For the purposes of parts 7050.0217 to 7050.0227, the following terms have the meanings given them.
A. "Acute-chronic ratio" or "ACR" means the ratio of the acute toxicity, expressed as a LC50 or EC50, of a toxicant to its chronic toxicity expressed as the chronic value. The ACR is used as a factor for estimating chronic toxicity on the basis of acute toxicity.
B. "Acute toxicity" means a stimulus severe enough to rapidly induce a response. In toxicity tests, a response is normally observed in 96 hours or less. Acute effects are often measured in terms of mortality or other debilitating effects, represented as LC50s or EC50s, and expressed as concentrations of mass per unit volume, percent effluent, or toxic units.
C. "Adjustment factor, lifetime" or "AFlifetime" means the numeric multiplier used to modify the adult-based cancer slope factor for lifetime (70 years standard in risk characterization) exposure based on chemical-specific data.
D. "Adverse effect" means a biochemical change, functional impairment, or pathologic lesion that affects the performance of the whole organism or reduces an organism's ability to respond to an additional environmental challenge.
E. "Age-dependent adjustment factor" or "ADAF" means the default numeric modifiers to the cancer slope factor that account for the increased susceptibility to cancer from early-life exposures to linear carcinogens in the absence of chemical-specific data. For default use, there are three ADAF:
F. "Available and reliable scientific data" means information derived from scientific literature including: published literature in peer reviewed scientific journals, USEPA ambient water quality criteria documents, and other reports or documents published by the USEPA or other governmental agencies.
G. "Bioaccumulation factor" or "BAF" means the concentration of a pollutant in one or more tissues of an aquatic organism, exposed from any source of the pollutant but primarily from the water column, diet, and bottom sediments, divided by the average concentration in the solution in which the organism had been living, under steady state conditions.
H. "Bioaccumulative chemical of concern" or "BCC" has the meaning given in part 7052.0010, subpart 4.
I. "Bioconcentration factor" or "BCF" means the concentration of a pollutant in one or more tissues of an aquatic organism, exposed only to the water as the source of the pollutant, divided by the average concentration in the solution in which the organism had been living, under steady state conditions.
J. "Biomagnification" means the increase in tissue concentration of a pollutant in aquatic organisms at successive trophic levels through a series of predator-prey associations, primarily occurring through dietary accumulation. The expression used to quantify this increase is the biomagnification factor or "BMF." For a given water body, the BMF is calculated as:
K. "Biota-sediment accumulation factor" or "BSAF" means the ratio (in kilogram of organic carbon/kilogram of lipid) of a pollutant's lipid-normalized concentration in tissue of an aquatic organism to its organic carbon-normalized concentration in surface sediment, where:
L. "Cancer potency slope factor" or "CSF" means a factor indicative of a chemical's human cancer causing potential and an upper-bound estimate of cancer risk per increment of dose that can be used to estimate cancer risk probabilities for different exposure levels. CSF is expressed in units of cancer incidence per milligram of pollutant per kilogram of body weight-day (mg/kg-day)-1.
M. "Cancer risk level" or "CR" means the probability that daily exposure to a carcinogen over a lifetime may induce cancer. CR refers to an incremental or additional excess cancer risk equal to 1 x 10-5 (1 in 100,000) and is applied with the cancer potency slope factor for single chemicals and for mixtures.
N. "Carcinogen, linear" or "C" means a chemical agent for which, either by a known mode of action or a conservative assumption, the associated cancer risk varies in direct proportion to the extent of exposure and for which there is no risk-free level of exposure. The toxicological value for a C is the cancer potency slope factor. Seventy years is the standard lifetime duration used by United States Environmental Protection Agency in the characterization of lifetime cancer risk.
O. "Carcinogen, nonlinear" or "NLC" means a chemical agent for which, particularly at low doses, the associated cancer risk does not rise in direct proportion to the extent of exposure and for which a threshold level of exposure exists below which there is no cancer risk. For NLC, the reference dose is the toxicological value used as the threshold for cancer risk.
P. "Chronic toxicity" means a stimulus that lingers or continues for a long period of time, often one-tenth the life span or more. A chronic effect can be mortality, reduced growth, reproduction impairment, harmful changes in behavior, and other nonlethal effects.
Q. "Chronic criterion" or "CC" and "chronic standard" or "CS" mean the highest water concentration or fish tissue concentration of a toxicant or effluent to which aquatic life, humans, or wildlife can be exposed indefinitely without causing chronic toxicity. CC represents a site-specific chronic criterion developed under this part and part 7050.0219 or part 7052.0110. CS represents a chronic standard listed in parts 7050.0220 and 7050.0222 or in part 7052.0100. CC and CS are further distinguished by the organisms they are developed to protect and medium in which they apply:
R. "Chronic value" means the geometric mean of the highest tested concentration that did not cause an unacceptable adverse effect and the lowest tested concentration that did cause an unacceptable adverse effect, and in which all higher test values cause an effect, in an approved chronic test.
S. "Criterion" means a number or numbers established for a pollutant derived under this part or part 7050.0219 or 7052.0110, or issued by the USEPA, to protect aquatic life, humans, or wildlife.
T. "Developmental health endpoint" or "developmental toxicity" means an adverse effect on the developing organism that may result from parental exposure prior to conception, maternal exposure during prenatal development, or direct exposure postnatally until the time of sexual maturation. Developmental toxicity may be detected at any point in the lifespan of the organism. The major manifestations of developmental toxicity include:
U. "Duration" means the time over which the instream concentration of a pollutant is averaged for comparison with the standard or criterion.
V. "Durations for human health-based algorithms" or "D" means the length of the exposure period under consideration for noncancer and linear cancer algorithms.
W. "Effect concentration" or "EC50" means the toxicant concentration that causes equilibrium loss, immobilization, mortality, or other debilitating effects in 50 percent of the exposed organisms during a specific time of observation.
X. "Endocrine" or "E" means a change in circulating hormone levels or interactions with hormone receptors, regardless of the organ or organ system affected. Health endpoints with or without the E designation are deemed equivalent, for example, thyroid (E) = thyroid, and must be included in the same health risk index equation.
Y. "Final acute value" or "FAV" means an estimate of the concentration of a pollutant corresponding to the cumulative probability of 0.05 in the distribution of all the acute toxicity values for the genera or species from the acceptable acute toxicity tests conducted on a pollutant. The FAV is the acute toxicity limitation applied to mixing zones in part 7050.0210, subpart 5; and to dischargers in parts 7053.0215, subpart 1; 7053.0225, subpart 6; and 7053.0245, subpart 1.
Z. "Food chain multiplier" or "FCM" means the ratio of a bioaccumulation factor by trophic level to an appropriate bioconcentration factor. FCM refers to values developed using USEPA models or from available and reliable field studies.
AA. "Frequency" means the number of times a standard can be exceeded in a specified period of time without causing acute or chronic toxic effects on the aquatic community, human health, or fish-eating wildlife.
BB. "Genus mean acute value" or "GMAV" means the geometric mean of the SMAVs available for the genus.
CC. "Health risk index" means the sum of the quotients calculated by identifying all chemicals that share a common health endpoint or are based on linear carcinogenicity and dividing the water or fish tissue concentration for each chemical (measured or statistically derived) by its applicable chronic standard or chronic criterion. To meet the objectives in part 7050.0217, the health risk index must not exceed a value of one. The equations for the risk indices are found in part 7050.0222, subpart 7, items D and E.
DD. "Health risk index endpoint" or "health endpoint" means the general description of toxic effects used to group chemicals for the purpose of calculating a health risk index.
EE. "Intake rate" or "IR" means rate of ingestion, inhalation, or dermal contact, depending on the route of exposure, expressed as the amount of a media taken in, on a per body weight and daily basis, for a specified duration.
FF. "Lethal concentration" or "LC50" means the toxicant concentration killing 50 percent of the exposed organisms in a specific time of observation.
GG. "Lowest observable adverse effect level" or "LOAEL" means the lowest exposure level that caused a statistically or biologically significant increase in the frequency or severity of adverse effects observed between the exposed population and its appropriate control group.
HH. "Magnitude" means the acceptable amount of a toxic pollutant in water or fish tissue expressed as a concentration.
II. "Maximum criterion" or "MC" means the highest concentration of a toxicant in water to which aquatic organisms can be exposed for a brief time with zero to slight mortality. The MC equals the FAV divided by two.
JJ. "Maximum standard" or "MS" means the highest concentration of a toxicant in water to which aquatic organisms can be exposed for a brief time with zero to slight mortality. The MS equals the FAV divided by two. Maximum standards are listed in part 7050.0222.
KK. "MDH" means the Minnesota Department of Health.
LL. "Mode of action" or "MOA" means the sequence of key events following pollutant or chemical exposure upon which the toxic outcome depends.
MM. "National methods" means the methods the USEPA uses to develop aquatic life criteria as described in Stephan, C.E., D.J. Mount, D.J. Hansen, J.H. Gentile, G.A. Chapman, and W.A. Brungs, 1985, "Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses," USEPA, Office of Research and Development, Environmental Research Laboratories, Duluth MN; Narragansett, RI, Corvallis, OR. 98 p; available through the National Technical Information Service, Springfield, VA. (Publication PB85-227049).
NN. "No observable adverse effect level" or "NOAEL" means the highest exposure level at which there is no statistically or biologically significant increase in the frequency or severity of adverse effects between the exposed population and its appropriate control group.
OO. "Octanol to water partition coefficient" or "Kow" means the ratio of the concentration of a chemical in the octanol phase to its concentration in the aqueous phase of a two-phase octanol to water system after equilibrium of the chemical between the two phases has been achieved. The base 10 logarithm of the Kow or log Kow is used in the calculation of bioaccumulation factors. The log Kow has been shown to be proportional to the bioconcentration potential of lipophilic organic chemicals.
PP. "Percent effluent" means the representation of acute or chronic toxicity of an effluent as a percent of whole effluent mixed in dilution water, where acute toxicity is expressed by LC50s or EC50s and chronic toxicity is expressed by NOAEL.
QQ. "Reference dose" or "RfD" means an estimate of a dose for a given duration to the human population, including susceptible subgroups such as infants, that is likely to be without an appreciable risk of adverse effects during a lifetime. It is derived from a suitable dose level at which there are few or no statistically or biologically significant increases in the frequency or severity of an adverse effect between the dosed population and its associated control group. The RfD includes one or more divisors, applied to the suitable dose level, accounting for:
RR. "Relative source contribution factor" or "RSC" means the percentage or apportioned amount (subtraction method) of the reference dose for a pollutant allocated to surface water exposures from drinking or incidental water ingestion and fish consumption. In the absence of sufficient data to establish a pollutant- or chemical-specific RSC value, the default RSC is 0.2 or 0.5 as described in part 7050.0219, subpart 5.
SS. "Species mean acute value" or "SMAV" means the geometric mean of all the available and acceptable acute values for a species.
TT. "Standard" means a number or numbers established for a pollutant or water quality characteristic to protect a specified beneficial use as listed in parts 7050.0221 to 7050.0227. The standard for a toxic pollutant includes the CS, MS, and FAV. Some pollutants do not have an MS or an FAV due to insufficient data. For these pollutants, the CS alone is the standard.
UU. "Toxic effect" means an observable or measurable adverse biological event in an organ, tissue, or system. The designation of health endpoints does not exclude other possible observable or measurable biological events. For the purpose of grouping chemicals and creating a health risk index when multiple chemicals are present, toxic effects may be ascribed to more general health risk index endpoints or health endpoints.
VV. "Toxic pollutant" means a pollutant listed as toxic under section 307(a)(1) of the Clean Water Act, United States Code, title 33, section 1317(a)(1), or as defined by Minnesota Statutes, section 115.01, subdivision 20. Toxic pollutant is used interchangeably in this part and parts 7050.0217, 7050.0219, and 7050.0222, subpart 7, items B to G, with the terms "pollutant" and "chemical."
WW. "Toxic unit" means a measure of acute or chronic toxicity in an effluent. One acute toxic unit (TUa) is the reciprocal of the effluent concentration that causes 50 percent effect or mortality to organisms for acute exposures (100/LC50); one chronic toxic unit (TUc) is the reciprocal of the effluent concentration that causes no observable adverse effect level on test organisms for chronic exposures (100/NOAEL).
XX. "Trophic level" or "TL" means the food web level in an ecosystem that is occupied by an organism or group of organisms because of what they eat and how they are related to the rest of the food web. For example, trophic level 3 in an aquatic ecosystem consists of small fish such as bluegills, crappies, and smelt and trophic level 4 consists of larger carnivorous fish such as walleye, northern pike, and most trout species.
YY. "USEPA" means the United States Environmental Protection Agency.
ZZ. "Water quality characteristic" means a characteristic of natural waters, such as total hardness or pH. Some water quality characteristics can affect the toxicity of pollutants to aquatic organisms.
AAA. "Whole effluent toxicity test" means the aggregate toxic effect of an effluent measured directly by a toxicity test. Effects on tested organisms are measured and expressed as toxic units or percent effluent for both acute and chronic whole effluent toxicity tests.
**Subp. 4. Adoption of USEPA national criteria.**
The USEPA establishes aquatic life and human health-based criteria under section 304(a)(1) of the Clean Water Act, United States Code, title 33, section 1314. The USEPA criteria, subject to modification as described in this subpart, are applicable to class 2 waters of the state. The USEPA has described the national methods for developing aquatic life criteria in "Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses."
USEPA criteria that vary with an ambient water quality characteristic such as total hardness or pH will be established for specific waters or reaches using data available to the commissioner. Central values such as the means or medians for the characteristic will be used unless there is evidence to support using different values. Values for water quality characteristics can be estimated for specific waters or reaches that have no data by using data from a nearby watershed with similar chemical properties.
A. The USEPA aquatic life criteria are adopted unchanged by the agency, unless modified under item C, as the criteria applicable to designated class 2A waters in parts 7050.0420 and 7050.0470.
B. The USEPA criteria are adopted, subject to modification as described in this item or item C, for application to cool and warm water habitats and wetlands. Cool and warm water habitats (class 2Bd and 2B) are defined in part 7050.0415 or listed in part 7050.0470. Wetlands (class 2D) waters are defined in part 7050.0415 or listed in part 7050.0470.
C. If the commissioner finds that the information that supports a USEPA criterion is no longer current or complete for reasons including, but not limited to, changes to the relationship between a water quality characteristic and toxicity; the ACR; the weight given to toxicity data for a commercially or recreationally important species; or the human health-based methods; then the commissioner shall evaluate all available information and modify the criterion according to the information and with the objectives in part 7050.0217 and the methods in this part and part 7050.0219. Any effluent limitation determined to be necessary based on site-specific criteria derived under this item shall only be required after the discharger has been given notice to the specific proposed effluent limitations and an opportunity to request a hearing as provided in part 7000.1800.
**Subp. 5. Toxicity-based criteria.**
Toxicity-based aquatic life criteria shall be determined using the methods in this subpart when no USEPA criterion is available.
A. Criteria shall be determined using the USEPA national method if the minimum data required in this item and item B are met. Data for saltwater organisms can be used for nonionizable organic chemicals. Data for saltwater organisms cannot be used for ionizable organic or inorganic chemicals. Data for all North American species can be used. A minimum of eight GMAVs representing the following groups must be available:
B. The additional acute data requirements in subitems (1) and (2) apply when developing criteria for pesticides.
C. The FAV is calculated as described in subpart 4, item B, subitem (4). No more than two of the lowest four GMAVs may be for a saltwater species.
D. The MC is the FAV divided by two.
E. The CCtox is the FAV divided by an ACR. Available chronic data are used to determine ACRs as described in item F and measured chronic values are compared to the CCtox. If an approved chronic value for a commercially, recreationally, or ecologically important freshwater species is lower than the CCtox, the CCtox will be set to equal that chronic value.
F. The ACR is determined according to subitems (1) to (3).
G. If the acute data available do not meet the requirements in items A and B, toxicity-based criteria can be determined by the method in this item. This method is not applicable to ionizable organic chemicals, or to bioaccumulative organic chemicals and pesticides with BCF greater than 5,000 or log Kow values greater than 5.19.
**Subp. 6.**
[Repealed, 39 SR 1344]
**Subp. 7.**
[Repealed, 39 SR 1344]
**Subp. 8. Taste and odor criteria.**
The agency shall limit the addition of pollutants to surface waters to the extent necessary to protect fish and other edible freshwater organisms from acquiring objectionable tastes and odors. The agency will use the USEPA national organoleptic criteria, established under section 304(a)(1) of the Clean Water Act, United States Code, title 33, section 1314, when establishing concentrations above which unacceptable tastes and odors could be imparted to aquatic organisms.
**Subp. 9. Wildlife-based criteria.**
The agency shall use the procedures in this subpart to establish wildlife-based criteria. Wildlife criteria shall protect wildlife consumers of freshwater aquatic organisms from adverse effects of toxic pollutants. Wildlife criteria are applicable to all surface waters, subject to the exceptions in subpart 10, item B, subitem (1).
A. Wildlife-based criteria shall be determined using toxicological information from available sources of scientific data for wildlife or domestic animal species, exposed to toxic pollutants through ingestion including gavage.
B. Wildlife-based criteria are calculated using the following formula:
C. Drinking (DW) and feeding (F) rates for test organisms can be estimated using the following equations if these rates are not available from the original study:
D. A final BAF for calculating a wildlife chronic criterion (CCw) is determined as in subpart 7, except that the BCFs and BAFs are adjusted to represent whole body BCFs and BAFs.
**Subp. 10. Applicable criteria or human health-based standard.**
The final criteria or chronic standard for human health for toxic pollutants for surface waters must be the lowest of the applicable criteria or standards for human health derived under this part and part 7050.0219.
A. Applicable criteria or standards for human health by use for class 2A, 2Bd, 2B, and 2D surface waters are listed for each applicable population protected (aquatic life, humans, and fish-eating wildlife). The applicable criteria or standards for human health must be the lowest of the CC or CS as described in subitems (1) to (3):
B. Applicable criteria for class 7 waters must be the lowest of the following:
C. If the site-specific application of criteria developed in this subpart is used to establish an effluent limitation for national pollutant discharge elimination system and state disposal system permits or to establish the degree of remedial action cleanup activities, the provisions of part 7050.0222, subpart 7, items B to G, apply.
D. The CS or CC and MS or MC must be averaged over the durations described in part 7050.0222, subpart 7, item C.
**History**
- *Statutory Authority: MS s 14.06; 115.03; 115.44; 116.07*
- *History: 15 SR 1057; 18 SR 2195; 19 SR 1310; 24 SR 1105; 32 SR 1699; 39 SR 1344; 41 SR 545; 42 SR 441; 46 SR 5*
##### **Minn. R. 7050.0219** Human Health-Based Criteria and Standards {#sec-7050.0219 omnilex-key=us-mn-regs-official--agency-167--7050.0219}
**Subpart 1. Objective.**
Human health-based criteria and standards protect humans from potential adverse effects of eating fish and edible aquatic organisms and incidental ingestion of water while recreating in class 2 waters and from the consumption of drinking water from class 1 surface waters (includes class 2A and 2Bd waters). Human health-based criteria and standards must be determined using the methods in this part.
**Subp. 2. Applicability of methods.**
Human health-based chronic criteria (CC) or chronic standards (CS) must be evaluated based on the pollutant's toxicological profile: noncarcinogen or nonlinear carcinogen (NLC), developmental susceptibility, and linear carcinogen (C).
A. Algorithms for these toxicological profiles by class 2 subclasses are described in subparts 13 to 15. Other scientifically defensible algorithms may be applied by the commissioner on a chemical-specific basis for evaluating developmental susceptibility to toxic pollutants in fish tissue based on the consideration listed in subparts 3 to 5.
B. The most stringent CC or CS by medium (water or fish tissue), class 2 subclass, and toxicological profile, or taste and odor criteria as described in part 7050.0218, subpart 8, are the final applicable human health-based CC or CS.
**Subp. 3. Available and reliable scientific data.**
The data and information used to develop a site-specific CC or CS must be approved by the commissioner. The commissioner must consider measures of availability and reliability of the data and information.
**Subp. 4. Toxicological values.**
The RfD used to calculate criteria for noncarcinogenic and nonlinear carcinogenic chemicals (NLC) and the CSF and AFlifetimeor CSF and ADAF used to calculate CC or CS for linear carcinogenic (C) chemicals are obtained from the MDH or developed according to parts 4717.7820, subparts 5 and 21, and 7050.0218, subpart 3.
**Subp. 5. Exposure values.**
Drinking water intake rates are obtained from the MDH. RSC uses a default value of 0.2 for most pollutants, unless:
A. there are no significant known or potential sources other than those addressed for the designated use, then 0.5 must be used; or
B. sufficient exposure data are available to support an alternative pollutant-specific value between 0.2 and 0.8.
**Subp. 6. Bioaccumulation factors.**
This subpart describes the process and data for deriving bioaccumulation factors (BAF) used in the calculation of the human health-based chronic criteria (CC) or chronic standards (CS).
A. Information used for defining BAF must be consistent with the pollutant form used to derive the RfD or CSF. BAF development must also consider other forms that bioaccumulate in fish tissue. The preferred bioaccumulation data are available and reliable field and laboratory studies.
B. A general description of the steps and data used to determine final state or site BAF are listed in subitems (1) to (6) and described in detail in subparts 7 to 12.
**Subp. 7. Chemical categorization.**
For BAF purposes, organic chemicals that have no or negligible ionization at the pH range of ambient surface waters are categorized as nonionic organic chemicals; organic chemicals that undergo ionization at the pH range of ambient surface waters are categorized as ionic organic chemicals and further delineated for BAF development based on subpart 9, item C; organometallic chemicals and other chemicals or elements are categorized as organometallic and inorganic chemicals.
**Subp. 8. Methods for baseline BAF.**
The four methods for developing baseline BAF in items A to D are listed in a hierarchy from most preferred to least preferred, except as noted in subpart 9: use of field-measured BAF studies (field BAF); use of field-measured BSAF studies (field BSAF); use of laboratory-measured BCF studies with food chain multipliers (lab BCF*FCM); and use of octanol-water partition coefficients with food chain multipliers (Kow*FCM). Where relevant, differences in the baseline BAF methods are described by chemical categorization.
A. Method 1: Field BAF. The field-measured BAF for a nonionic organic chemical is calculated based on the total concentration of the chemical in the appropriate tissue of the aquatic organism (on a wet tissue basis) and the total concentration of chemical in ambient surface water at the site of sampling (BAFtT). The measured BAFtT is converted to a baseline BAF or BAF1fd by the following equation: The freely dissolved fraction or ffd is the portion of the nonionic organic chemical that is not bound to particulate organic carbon or dissolved organic carbon and is calculated: POC and DOC concentrations are obtained from the original study from which the field-measured BAF is determined. If POC and DOC concentrations are not reported in the BAF study, reliable estimates of POC and DOC are obtained from other studies at closely related sites within the same water body. If no study data are available, the USEPA national default DOC and POC values are used, as they are representative of average ambient surface water conditions. The USEPA national default values are DOC of 2.9 mg/L and POC of 0.5 mg/L, converted to kg/L by dividing by 1,000,000. For the field-measured BAF for a chemical classified as inorganic and organometallic, the field BAF is equal to the baseline BAF and is not expressed on a lipid or freely dissolved fraction basis. Normalization on other characteristics must be supported by chemical-specific data.
B. Method 2: Field BSAF. For nonionic organic chemicals, the field-measured BSAF is determined by relating lipid-normalized concentration of the chemical in the appropriate tissue of the aquatic organism to organic carbon-normalized concentrations of the chemical in surface sediment. The measured BSAF is converted to a baseline BAF or BAF1fd by the following equation:
C. Method 3: Lab BCF*FCM. The laboratory-measured BCF for nonionic organic chemicals is calculated based on the total concentration of the chemical in the appropriate tissue of the aquatic organism (on a wet tissue basis) and the total concentration of chemical in the study water (BCFtT). For ionic organic, inorganic, and organometallic chemicals, based on available data, the laboratory BCF is equal to the baseline BAF and is not expressed on a lipid or freely dissolved fraction basis. Normalization on other characteristics must be supported by chemical-specific data. FCM must come from field BAF studies.
D. Method 4: Kow*FCM. In this method, Kow is assumed to be equal to the baseline BAF1fd for certain nonionic organic chemicals described in the procedures.
**Subp. 9. Hierarchy of acceptable baseline BAF methods.**
Determine the hierarchy of acceptable baseline BAF methods available under subpart 8 for appropriate use based on the chemical categorization of the pollutant and other relevant properties as described under Procedures 1 to 6.
A. Procedures 1 to 6 are used for defining the hierarchy and use of the four baseline BAF methods based on chemical categorization and a chemical's ionization state in ambient surface waters, hydrophobicity, biomagnification, and metabolism in aquatic organisms, primarily freshwater fish species. Table 1 provides the basic information for identifying the acceptable procedures and hierarchy for baseline BAF methods as described under items B to D:
B. For nonionic (neutral) organic chemicals, defined as chemicals that have no or negligible ionization in ambient surface water, Procedures 1 to 4 describe the hierarchy of acceptable baseline BAF methods to use.
C. For ionic organic chemicals (defined as chemicals that can readily accept or donate protons) the procedures that define the available hierarchy and appropriate baseline BAF methods depend on further characteristics of the chemical. The main characteristics relate to exhibiting primarily nonionic (neutral) characteristics (ionization is negligible) or ionic characteristic in average surface water pH ranges based on its acid dissociation constant (Ka) expressed as the negative base 10 log (pKa) and functional group or groups:
D. Inorganic and organometallic chemicals are defined as inorganic minerals, other inorganic chemicals, and elements: metals and metalloids and organometallic chemicals, and Procedures 5 and 6 define the use of acceptable baseline BAF methods. Procedures 5 and 6 are distinguished by the determination of whether the chemical demonstrates biomagnifications through field BAF or laboratory BCF studies, with BAF or BMF greater than 1,000 being the cut-off for this purpose. BMF is calculated using chemical concentrations in the tissue of aquatic organisms at two successive trophic levels as:
**Subp. 10. Species mean baseline BAF.**
Calculate species and mean baseline BAF from acceptable individual baseline BAF.
A. For each appropriate baseline BAF method, calculate species-mean baseline BAF using the geometric mean.
B. Any baseline BAF with large differences between species (greater than ten percent) needs additional justification for use in a species-mean baseline BAF.
C. Evaluate data uncertainties for consideration in method hierarchy application for calculating trophic level baseline BAF.
**Subp. 11. Final baseline BAF by trophic level.**
Determine the final baseline BAF by trophic level (TL):
A. Calculate geometric mean baseline BAF for TL3 and TL4 using available species-means for each baseline BAF method. For class 2A water, preference is given for Salmonidae data and developed as a single representative TL4 baseline BAF.
B. Combine species-means for methods that have equal preference in procedural hierarchies and have similarly reliable baseline BAF based on evaluation of data uncertainties for a final baseline BAF for TL3 where applicable, and final baseline BAF for TL4.
C. For some pollutants, TL3 and TL4 baseline BAF may be identical when not dependent on trophic level factors, such as lipid partitioning.
**Subp. 12. Final state or site BAF by trophic level.**
Calculate final state or site BAF for TL3 where applicable and TL4 for use in developing human health-based chronic criteria or standards.
A. For nonionic organic chemicals and ionic organic chemicals with no or negligible ionization as defined under subpart 7, for each TL3 and TL4, calculate a state or site BAF using the following equation: The default DOC and POC values for the state ambient class 2 surface waters are 7.5 x 10-6kg/L (7.5 mg/L) and 5 x 10-7 kg/L (0.5 mg/L), respectively. For a site BAF for use in site-specific criteria development, the DOC and POC values are from the site monitoring data, if available; in all other cases, the state defaults are used.
B. For inorganic and organometallic chemicals and ionic organic chemicals with ionization in natural waters, the baseline BAFtT using total chemical concentrations or bioavailable forms are directly applied as the state or site BAF:
**Subp. 13. Algorithms for class 2A or 2Bd surface waters.**
This subpart describes human health-based criteria or standards for classes of surface waters designated for drinking water, fish consumption, and recreational use. To develop a final chronic criteria (CCdfr) or standard (CSdfr) applicable to surface waters designated class 2A or 2Bd, items A to D must be evaluated for use based on the pollutant's toxicological profile: noncarcinogen or nonlinear carcinogen (NLC); developmental susceptibility; or linear carcinogen (C).
A. Algorithm for noncarcinogenic or NLC chemicals applicable to surface waters designated class 2A or 2Bd to calculate: CCdfr or CSdfr=
B. Supplemental algorithm for developmental susceptibility for noncarcinogenic or NLC chemicals applicable to surface waters designated class 2A or 2Bd to calculate: CCdev or CSdev =
C. Algorithm for linear carcinogenic chemicals with lifetime adjustment factors (AFlifetime) applicable to surface waters designated class 2A or 2Bd to calculate: CCdfror CSdfr =
D. Algorithm for linear carcinogenic chemicals with age-dependent adjustment factors (ADAF) applicable to surface waters designated class 2A or 2Bd to calculate: CCdfr or CSdfr =
**Subp. 14. Algorithm for class 2B or 2D surface waters.**
This subpart describes human health-based criteria or standards for classes of surface waters designated for fish consumption and recreational use (nondrinking water use). To develop a final chronic criteria (CCfr) or standard (CSfr) applicable to surface waters designated class 2B or 2D, items A to C must be evaluated for use based on the pollutant's toxicological profile: noncarcinogen or nonlinear carcinogen (NLC) or linear carcinogen (C).
A. Algorithm for noncarcinogenic or NLC chemicals applicable to class 2B or 2D surface waters to calculate: CCfr or CSfr =
B. Algorithm for linear carcinogenic chemicals with lifetime adjustment factors (AFlifetime) applicable to surface waters designated class 2B or 2D to calculate: CCfr or CSfr=
C. Algorithm for linear carcinogenic chemicals with age-dependent adjustment factors (ADAF) applicable to surface waters designated class 2B or 2D to calculate: CCfror CSfr =
**Subp. 15. Algorithms for class 2 fish tissue.**
This subpart describes algorithms and fish tissue criteria (CCft) and standards (CSft) for chemical with BAF greater than 1,000 (BCC threshold) applicable to class 2 surface waters. Items A to C must be evaluated for use based on the pollutant's toxicological profile: noncarcinogen or nonlinear carcinogen (NLC) or linear carcinogen (C).
A. Algorithm for noncarcinogenic or NLC chemicals applicable to class 2 surface waters to calculate: CCft or CSft =
B. Algorithm for linear carcinogenic chemicals with lifetime adjustment factors (AFlifetime) applicable to class 2 surface waters to calculate: CCft or CSft =
C. Algorithm for linear carcinogenic chemicals with age-dependent adjustment factors (ADAFs) applicable to class 2 surface waters to calculate: CCft or CSft =
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 39 SR 1344; 42 SR 441; 44 SR 1416*
##### **Minn. R. 7050.0220** Specific Water Quality Standards by Associated Use Classes {#sec-7050.0220 omnilex-key=us-mn-regs-official--agency-167--7050.0220}
**Subpart 1. Purpose and scope.**
The numeric and narrative water quality standards in this chapter prescribe the qualities or properties of the waters of the state that are necessary for the designated public uses and benefits. If the standards in this chapter are exceeded, it is considered indicative of a polluted condition that is actually or potentially deleterious, harmful, detrimental, or injurious with respect to designated uses or established classes of the waters of the state.
All surface waters are protected for multiple beneficial uses. Numeric water quality standards are tabulated in this part for all uses applicable to four common categories of surface waters, so that all applicable standards for each category are listed together in subparts 3a to 6a. The four categories are:
A. coldwater aquatic life and habitat, also protected for drinking water: classes 1B; 2A, 2Ae, or 2Ag; 3; 4A and 4B; and 5 (subpart 3a);
B. cool and warm water aquatic life and habitat, also protected for drinking water: classes 1B or 1C; 2Bd, 2Bde, 2Bdg, or 2Bdm; 3; 4A and 4B; and 5 (subpart 4a);
C. cool and warm water aquatic life and habitat and wetlands: classes 2B, 2Be, 2Bg, 2Bm, or 2D; 3; 4A and 4B; and 5 (subpart 5a); and
D. limited resource value waters: classes 3; 4A and 4B; 5; and 7 (subpart 6a).
**Subp. 2. Explanation of tables.**
A. Class 1 domestic consumption (DC) standards are the United States Environmental Protection Agency primary (maximum contaminant levels) and secondary drinking water standards, as contained in Code of Federal Regulations, title 40, parts 141 and 143, as amended through July 1, 2006. The DC standards are listed in subparts 3a and 4a, except that individual pollutants, substances, or organisms in the treatment technological, disinfectants, microbiological, and radiological categories are not listed unless they are listed because a secondary drinking water standard or a standard for another use class exists.
B. Certain drinking water standards are not applicable to class 1 waters. The following are not applicable to class 1 surface waters: the primary drinking water standards for acrylamide, epichlorohydrin, copper, lead, and turbidity (treatment technique standards) and the standards in the disinfectants and microbiological organisms categories. The drinking water standards not applicable to class 1 groundwaters are listed in part 7050.0221.
C. Class 2 standards for metals are expressed as total metal in subparts 3a to 5a, but must be converted to dissolved metal standards for application to surface waters. Conversion factors for converting total metal standards to dissolved metal standards are listed in part 7050.0222, subpart 9. The conversion factor for metals not listed in part 7050.0222, subpart 9, is one. The dissolved metal standard equals the total metal standard times the conversion factor. Water-quality-based effluent limits for metals are expressed as total metal.
D. The tables of standards in subparts 3a to 6a include the following abbreviations and acronyms:
E. Important synonyms or acronyms for some chemicals are listed in parentheses below the primary name.
F. When two or more use classes have standards for the same pollutant, the most stringent standard applies. All surface waters are protected for classes 3 and 6, but these classes have no numeric standards so they are not included in the tables.
G. Certain waters are protected for wild rice, and a numeric standard for sulfates applies according to part 7050.0224, subpart 2.
**Subp. 3.**
[Repealed, 24 SR 1105]
**Subp. 3a. Coldwater aquatic life and habitat, drinking water, and associated use classes.**
Water quality standards applicable to use classes 1B; 2A, 2Ae, or 2Ag; 3; 4A and 4B; and 5 surface waters. The water quality standards in part 7050.0222, subpart 2, that apply to class 2A also apply to classes 2Ae and 2Ag. In addition to the water quality standards in part 7050.0222, subpart 2, the biological criteria defined in part 7050.0222, subpart 2d, apply to classes 2Ae and 2Ag.
A. MISCELLANEOUS SUBSTANCE, CHARACTERISTIC, OR POLLUTANT
(1) Ammonia, un-ionized as N, μg/L
(2) Asbestos, >10 μm (c), fibers/L
(3) Bromate, μg/L
(4) Chloride, mg/L
(5) Chlorine, total residual, μg/L
(6) Chlorite, μg/L
(7) Color, Pt-Co
(8) Cyanide, free, μg/L
(9) Escherichia (E.) coli bacteria, organisms/100 mL
(10) Eutrophication standards for lakes and reservoirs (phosphorus, total, μg/L; chlorophyll-a, μg/L; Secchi disk transparency, meters)
(11) Eutrophication standards for rivers, streams, and navigational pools (phosphorus, total μg/L; chlorophyll-a (seston), μg/L; five-day biochemical oxygen demand (BOD5), mg/L; diel dissolved oxygen flux, mg/L; chlorophyll-a (periphyton), mg/m2)
(12) Fluoride, mg/L
(13) Fluoride, mg/L
(14) Foaming agents, μg/L
(15) Hydrogen sulfide, mg/L
(16) Nitrate as N, mg/L
(17) Nitrite as N, mg/L
(18) Nitrate + Nitrite as N, mg/L
(19) Odor, TON
(20) Oil, μg/L
(21) Oxygen, dissolved, mg/L
(22) pH minimum, su
(23) pH maximum, su
(24) Radioactive materials
(25) Sulfate, mg/L
(26) Sulfates, wild rice present, mg/L
(27) Temperature, °F
(28) Total dissolved solids, mg/L
(29) Total suspended solids (TSS), mg/L
B. METALS AND ELEMENTS
(1) Aluminum, total, μg/L
(2) Antimony, total, μg/L
(3) Arsenic, total, μg/L
(4) Barium, total, μg/L
(5) Beryllium, total, μg/L
(6) Boron, total, μg/L
(7) Cadmium, total, μg/L
Class 2A cadmium standards are hardness dependent. Cadmium values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 2, for examples at other hardness values and equations to calculate cadmium standards for any hardness value not to exceed 400 mg/L.
(8) Chromium +3, total, μg/L
Class 2A trivalent chromium standards are hardness dependent. Chromium +3 values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 2, for examples at other hardness values and equations to calculate trivalent chromium standards for any hardness value not to exceed 400 mg/L.
(9) Chromium +6, total, μg/L
(10) Chromium, total, μg/L
(11) Cobalt, total, μg/L
(12) Copper, total, μg/L
Class 2A copper standards are hardness dependent. Copper values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 2, for examples at other hardness values and equations to calculate copper standards for any hardness value not to exceed 400 mg/L.
(13) Iron, total, μg/L
(14) Lead, total, μg/L
Class 2A lead standards are hardness dependent. Lead values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 2, for examples at other hardness values and equations to calculate lead standards for any hardness value not to exceed 400 mg/L.
(15) Manganese, total, μg/L
(16) Mercury, total, in water, ng/L
(17) Mercury, total in edible fish tissue, mg/kg or parts per million
(18) Nickel, total, μg/L
Class 2A nickel standards are hardness dependent. Nickel values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 2, for examples at other hardness values and equations to calculate nickel standards for any hardness value not to exceed 400 mg/L.
(19) Selenium, total, μg/L
(20) Silver, total, μg/L
Class 2A silver MS and FAV are hardness dependent. Silver values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 2, for examples at other hardness values and equations to calculate silver standards for any hardness value not to exceed 400 mg/L.
(21) Thallium, total, μg/L
(22) Zinc, total, μg/L
Class 2A zinc standards are hardness dependent. Zinc values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 2, for examples at other hardness values and equations to calculate zinc standards for any hardness value not to exceed 400 mg/L.
C. ORGANIC POLLUTANTS OR CHARACTERISTICS
(1) Acenaphthene, μg/L
(2) Acetochlor, μg/L
(3) Acrylonitrile (c), μg/L
(4) Alachlor (c), μg/L
(5) Aldicarb, μg/L
(6) Aldicarb sulfone, μg/L
(7) Aldicarb sulfoxide, μg/L
(8) Anthracene, μg/L
(9) Atrazine (c), μg/L
(10) Benzene (c), μg/L
(11) Benzo(a)pyrene, μg/L
(12) Bromoform, μg/L
(13) Carbofuran, μg/L
(14) Carbon tetrachloride (c), μg/L
(15) Chlordane (c), ng/L
(16) Chlorobenzene, μg/L (Monochlorobenzene)
(17) Chloroform (c), μg/L
(18) Chlorpyrifos, μg/L
(19) Dalapon, μg/L
(20) DDT (c), ng/L
(21) 1,2-Dibromo-3-chloropropane (c), μg/L
(22) Dichlorobenzene (ortho), μg/L
(23) 1,4-Dichlorobenzene (para) (c), μg/L
(24) 1,2-Dichloroethane (c), μg/L
(25) 1,1-Dichloroethylene, μg/L
(26) 1,2-Dichloroethylene (cis), μg/L
(27) 1,2-Dichloroethylene (trans), μg/L
(28) 2,4-Dichlorophenoxyacetic acid (2,4-D), μg/L
(29) 1,2-Dichloropropane (c), μg/L
(30) Dieldrin (c), ng/L
(31) Di-2-ethylhexyl adipate, μg/L
(32) Di-2-ethylhexyl phthalate (c), μg/L
(33) Di-n-Octyl phthalate, μg/L
(34) Dinoseb, μg/L
(35) Diquat, μg/L
(36) Endosulfan, μg/L
(37) Endothall, μg/L
(38) Endrin, μg/L
(39) Ethylbenzene (c), μg/L
(40) Ethylene dibromide, μg/L
(41) Fluoranthene, μg/L
(42) Glyphosate, μg/L
(43) Haloacetic acids (c), μg/L (Bromoacetic acid, Dibromoacetic acid, Dichloroacetic acid, Monochloroacetic acid, and Trichloroacetic acid)
(44) Heptachlor (c), ng/L
(45) Heptachlor epoxide (c), ng/L
(46) Hexachlorobenzene (c), ng/L
(47) Hexachlorocyclopentadiene, μg/L
(48) Lindane (c), μg/L (Hexachlorocyclohexane, gamma-)
(49) Methoxychlor, μg/L
(50) Methylene chloride (c), μg/L (Dichloromethane)
(51) Metolachlor
(52) Naphthalene, μg/L
(53) Oxamyl, μg/L (Vydate)
(54) Parathion, μg/L
(55) Pentachlorophenol, μg/L
Class 2A MS and FAV are pH dependent. Pentachlorophenol values shown are for a pH of 7.5 only. See part 7050.0222, subpart 2, for examples at other pH values and equations to calculate pentachlorophenol standards for any pH value.
(56) Phenanthrene, μg/L
(57) Phenol, μg/L
(58) Picloram, μg/L
(59) Polychlorinated biphenyls (c), ng/L (PCBs, total)
(60) Simazine, μg/L
(61) Styrene (c), μg/L
(62) 2,3,7,8-Tetrachlorodibenzo-p-dioxin, ng/L (TCDD-dioxin)
(63) 1,1,2,2-Tetrachloroethane (c), μg/L
(64) Tetrachloroethylene (c), μg/L
(65) Toluene, μg/L
(66) Toxaphene (c), ng/L
(67) 2,4,5-TP, μg/L (Silvex)
(68) 1,2,4-Trichlorobenzene, μg/L
(69) 1,1,1-Trichloroethane, μg/L
(70) 1,1,2-Trichloroethane, μg/L
(71) 1,1,2-Trichloroethylene (c), μg/L
(72) 2,4,6-Trichlorophenol, μg/L
(73) Trihalomethanes, total (c), μg/L (Bromodichloromethane, Bromoform, Chlorodibromomethane, and Chloroform)
(74) Vinyl chloride (c), μg/L
(75) Xylenes, total, μg/L
D. Escherichia (E.) coli bacteria shall not exceed 126 organisms per 100 milliliters as a geometric mean of not less than five samples representative of conditions within any calendar month, nor shall more than ten percent of all samples taken during any calendar month individually exceed 1,260 organisms per 100 milliliters. The standard applies only between April 1 and October 31.
E. For radioactive materials, see parts 7050.0221, subpart 2; 7050.0222, subpart 2; and 7050.0224, subparts 2 and 3.
**Subp. 4.**
[Repealed, 24 SR 1105]
**Subp. 4a. Cool and warm water aquatic life and habitat, drinking water, and associated use classes.**
Water quality standards applicable to use classes 1B or 1C; 2Bd, 2Bde, 2Bdg, or 2Bdm; 3; 4A and 4B; and 5 surface waters. The water quality standards in part 7050.0222, subpart 3, that apply to class 2Bd also apply to classes 2Bde, 2Bdg, and 2Bdm. In addition to the water quality standards in part 7050.0222, subpart 3, the biological criteria defined in part 7050.0222, subpart 3d, apply to classes 2Bde, 2Bdg, and 2Bdm.
A. MISCELLANEOUS SUBSTANCE, CHARACTERISTIC, OR POLLUTANT
(1) Ammonia, un-ionized as N, μg/L
(2) Asbestos, >10 μm (c), fibers/L
(3) Bromate, μg/L
(4) Chloride, mg/L
(5) Chlorine, total residual, μg/L
(6) Chlorite, μg/L
(7) Color, Pt-Co
(8) Cyanide, free, μg/L
(9) Escherichia (E.) coli bacteria, organisms/100 mL
(10) Eutrophication standards for lakes, shallow lakes, and reservoirs (phosphorus, total, μg/L; chlorophyll-a, μg/L; Secchi disk transparency, meters)
(11) Eutrophication standards for rivers, streams, and navigational pools (phosphorus, total μg/L; chlorophyll-a (seston), μg/L; five-day biochemical oxygen demand (BOD5), mg/L; diel dissolved oxygen flux, mg/L; chlorophyll-a (periphyton), mg/m2)
(12) Fluoride, mg/L
(13) Fluoride, mg/L
(14) Foaming agents, μg/L
(15) Hydrogen sulfide, mg/L
(16) Nitrate as N, mg/L
(17) Nitrite as N, mg/L
(18) Nitrate + Nitrite as N, mg/L
(19) Odor, TON
(20) Oil, μg/L
(21) Oxygen, dissolved, mg/L
(22) pH minimum, su
(23) pH maximum, su
(24) Radioactive materials
(25) Sulfate, mg/L
(26) Sulfates, wild rice present, mg/L
(27) Temperature, °F
(28) Total dissolved solids, mg/L
(29) Total suspended solids (TSS), mg/L
B. METALS AND ELEMENTS
(1) Aluminum, total, μg/L
(2) Antimony, total, μg/L
(3) Arsenic, total, μg/L
(4) Barium, total, μg/L
(5) Beryllium, total, μg/L
(6) Boron, total, μg/L
(7) Cadmium, total, μg/L
Class 2Bd cadmium standards are hardness dependent. Cadmium values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 3, for examples at other hardness values and equations to calculate cadmium standards for any hardness value not to exceed 400 mg/L.
(8) Chromium +3, total, μg/L
Class 2Bd trivalent chromium standards are hardness dependent. Chromium +3 values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 3, for examples at other hardness values and equations to calculate trivalent chromium standards for any hardness value not to exceed 400 mg/L.
(9) Chromium +6, total, μg/L
(10) Chromium, total, μg/L
(11) Cobalt, total, μg/L
(12) Copper, total, μg/L
Class 2Bd copper standards are hardness dependent. Copper values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 3, for examples at other hardness values and equations to calculate copper standards for any hardness value not to exceed 400 mg/L.
(13) Iron, total, μg/L
(14) Lead, total, μg/L
Class 2Bd lead standards are hardness dependent. Lead values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 3, for examples at other hardness values and equations to calculate lead standards for any hardness value not to exceed 400 mg/L.
(15) Manganese, total, μg/L
(16) Mercury, total in water, ng/L
(17) Mercury, total in edible fish tissue, mg/kg or parts per million
(18) Nickel, total, μg/L
Class 2Bd nickel standards are hardness dependent. Nickel values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 3, for examples at other hardness values and equations to calculate nickel standards for any hardness value not to exceed 400 mg/L.
(19) Selenium, total, μg/L
(20) Silver, total, μg/L
Class 2Bd silver MS and FAV are hardness dependent. Silver values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 3, for examples at other hardness values and equations to calculate silver standards for any hardness value not to exceed 400 mg/L.
(21) Thallium, total, μg/L
(22) Zinc, total, μg/L
Class 2Bd zinc standards are hardness dependent. Zinc values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 3, for examples at other hardness values and equations to calculate zinc standards for any hardness value not to exceed 400 mg/L.
C. ORGANIC POLLUTANTS OR CHARACTERISTICS
(1) Acenaphthene, μg/L
(2) Acetochlor, μg/L
(3) Acrylonitrile (c), μg/L
(4) Alachlor (c), μg/L
(5) Aldicarb, μg/L
(6) Aldicarb sulfone, μg/L
(7) Aldicarb sulfoxide, μg/L
(8) Anthracene, μg/L
(9) Atrazine (c), μg/L
(10) Benzene (c), μg/L
(11) Benzo(a)pyrene, μg/L
(12) Bromoform, μg/L
(13) Carbofuran, μg/L
(14) Carbon tetrachloride (c), μg/L
(15) Chlordane (c), ng/L
(16) Chlorobenzene, μg/L (Monochlorobenzene)
(17) Chloroform (c), μg/L
(18) Chlorpyrifos, μg/L
(19) Dalapon, μg/L
(20) DDT (c), ng/L
(21) 1,2-Dibromo-3-chloropropane (c), μg/L
(22) Dichlorobenzene (ortho), μg/L
(23) 1,4-Dichlorobenzene (para) (c), μg/L
(24) 1,2-Dichloroethane (c), μg/L
(25) 1,1-Dichloroethylene, μg/L
(26) 1,2-Dichloroethylene (cis), μg/L
(27) 1,2-Dichloroethylene (trans), μg/L
(28) 2,4-Dichlorophenoxyacetic acid (2,4-D), μg/L
(29) 1,2-Dichloropropane (c), μg/L
(30) Dieldrin (c), ng/L
(31) Di-2-ethylhexyl adipate, μg/L
(32) Di-2-ethylhexyl phthalate (c), μg/L
(33) Di-n-Octyl phthalate, μg/L
(34) Dinoseb, μg/L
(35) Diquat, μg/L
(36) Endosulfan, μg/L
(37) Endothall, μg/L
(38) Endrin, μg/L
(39) Ethylbenzene (c), μg/L
(40) Ethylene dibromide, μg/L
(41) Fluoranthene, μg/L
(42) Glyphosate, μg/L
(43) Haloacetic acids (c), μg/L (Bromoacetic acid, Dibromoacetic acid, Dichloroacetic acid, Monochloroacetic acid, and Trichloroacetic acid)
(44) Heptachlor (c), ng/L
(45) Heptachlor epoxide (c), ng/L
(46) Hexachlorobenzene (c), ng/L
(47) Hexachlorocyclopentadiene, μg/L
(48) Lindane (c), μg/L (Hexachlorocyclohexane, gamma-)
(49) Methoxychlor, μg/L
(50) Methylene chloride (c), μg/L (Dichloromethane)
(51) Metolachlor
(52) Naphthalene, μg/L
(53) Oxamyl, μg/L (Vydate)
(54) Parathion, μg/L
(55) Pentachlorophenol, μg/L
Class 2Bd MS and FAV are pH dependent. Pentachlorophenol values shown are for a pH of 7.5 only. See part 7050.0222, subpart 3, for examples at other pH values and equations to calculate pentachlorophenol standards for any pH value.
(56) Phenanthrene, μg/L
(57) Phenol, μg/L
(58) Picloram, μg/L
(59) Polychlorinated biphenyls (c), ng/L (PCBs, total)
(60) Simazine, μg/L
(61) Styrene (c), μg/L
(62) 2,3,7,8-Tetrachlorodibenzo-p-dioxin, ng/L (TCDD-dioxin)
(63) 1,1,2,2-Tetrachloroethane (c), μg/L
(64) Tetrachloroethylene (c), μg/L
(65) Toluene, μg/L
(66) Toxaphene (c), ng/L
(67) 2,4,5-TP, μg/L (Silvex)
(68) 1,2,4-Trichlorobenzene, μg/L
(69) 1,1,1-Trichloroethane, μg/L
(70) 1,1,2-Trichloroethane, μg/L
(71) 1,1,2-Trichloroethylene (c), μg/L
(72) 2,4,6-Trichlorophenol, μg/L
(73) Trihalomethanes, total (c), μg/L (Bromodichloromethane, Bromoform, Chlorodibromomethane, and Chloroform)
(74) Vinyl chloride (c), μg/L
(75) Xylenes, total, μg/L
D. Escherichia (E.) coli bacteria shall not exceed 126 organisms per 100 milliliters as a geometric mean of not less than five samples representative of conditions within any calendar month, nor shall more than ten percent of all samples taken during any calendar month individually exceed 1,260 organisms per 100 milliliters. The standard applies only between April 1 and October 31.
E. For radioactive materials, see parts 7050.0221, subpart 3; 7050.0222, subpart 3; and 7050.0224, subparts 2 and 3.
F. Temperature must not exceed five degrees Fahrenheit above natural in streams and three degrees Fahrenheit above natural in lakes, based on monthly average of maximum daily temperature, except in no case shall it exceed the daily average temperature of 86 degrees Fahrenheit.
**Subp. 5.**
[Repealed, 24 SR 1105]
**Subp. 5a. Cool and warm water aquatic life and habitat and associated use classes.**
Water quality standards applicable to use classes 2B, 2Be, 2Bg, 2Bm, or 2D; 3; 4A and 4B; and 5 surface waters. See part 7050.0225, subpart 2, for class 3 and 5 standards applicable to wetlands. The water quality standards in part 7050.0222, subpart 4, that apply to class 2B also apply to classes 2Be, 2Bg, and 2Bm. In addition to the water quality standards in part 7050.0222, subpart 4, the biological criteria defined in part 7050.0222, subpart 4d, apply to classes 2Be, 2Bg, and 2Bm.
A. MISCELLANEOUS SUBSTANCE, CHARACTERISTIC, OR POLLUTANT
(1) Ammonia, un-ionized as N, μg/L
(2) Chloride, mg/L
(3) Chlorine, total residual, μg/L
(4) Cyanide, free, μg/L
(5) Escherichia (E.) coli bacteria, organisms/100 mL
(6) Eutrophication standards for lakes, shallow lakes, and reservoirs (phosphorus, total, μg/L; chlorophyll-a, μg/L; Secchi disk transparency, meters)
(7) Eutrophication standards for rivers, streams, and navigational pools (phosphorus, total μg/L; chlorophyll-a (seston), μg/L; five-day biochemical oxygen demand (BOD5), mg/L; diel dissolved oxygen flux, mg/L; chlorophyll-a (periphyton), mg/m2)
(8) Hydrogen sulfide, mg/L
(9) Nitrate + nitrite as N, mg/L
(10) Oil, μg/L
(11) Oxygen, dissolved, mg/L
(12) pH minimum, su
(13) pH maximum, su
(14) Radioactive materials
(15) Settleable solids, mL/L
(16) Sulfates, wild rice present, mg/L
(17) Sulfate, mg/L
(18) Temperature, °F
(19) Total dissolved solids, mg/L
(20) Total suspended solids (TSS), mg/L
B. METALS AND ELEMENTS
(1) Aluminum, total, μg/L
(2) Antimony, total, μg/L
(3) Arsenic, total, μg/L
(4) Boron, total, μg/L
(5) Cadmium, total, μg/L
Class 2B and 2D cadmium standards are hardness dependent. Cadmium values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 4, for examples at other hardness values and equations to calculate cadmium standards for any hardness value not to exceed 400 mg/L.
(6) Chromium +3, total, μg/L
Class 2B and 2D trivalent chromium standards are hardness dependent. Chromium +3 values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 4, for examples at other hardness values and equations to calculate trivalent chromium standards for any hardness value not to exceed 400 mg/L.
(7) Chromium +6, total, μg/L
(8) Cobalt, total, μg/L
(9) Copper, total, μg/L
Class 2B and 2D copper standards are hardness dependent. Copper values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 4, for examples at other hardness values and equations to calculate copper standards for any hardness value not to exceed 400 mg/L.
(10) Lead, total, μg/L
Class 2B and 2D lead standards are hardness dependent. Lead values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 4, for examples at other hardness values and equations to calculate lead standards for any hardness value not to exceed 400 mg/L.
(11) Mercury, total in water, ng/L
(12) Mercury, total in edible fish tissue, mg/kg or parts per million
(13) Nickel, total, μg/L
Class 2B and 2D nickel standards are hardness dependent. Nickel values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 4, for examples at other hardness values and equations to calculate nickel standards for any hardness value not to exceed 400 mg/L.
(14) Selenium, total, μg/L
(15) Silver, total, μg/L
Class 2B and 2D silver MS and FAV are hardness dependent. Silver values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 4, for examples at other hardness values and equations to calculate silver standards for any hardness value not to exceed 400 mg/L.
(16) Thallium, total, μg/L
(17) Zinc, total, μg/L
Class 2B and 2D zinc standards are hardness dependent. Zinc values shown are for a total hardness of 100 mg/L only. See part 7050.0222, subpart 4, for examples at other hardness values and equations to calculate zinc standards for any hardness value not to exceed 400 mg/L.
C. ORGANIC POLLUTANTS OR CHARACTERISTICS
(1) Acenaphthene, μg/L
(2) Acetochlor, μg/L
(3) Acrylonitrile (c), μg/L
(4) Alachlor (c), μg/L
(5) Anthracene, μg/L
(6) Atrazine (c), μg/L
(7) Benzene (c), μg/L
(8) Bromoform, μg/L
(9) Carbon tetrachloride (c), μg/L
(10) Chlordane (c), ng/L
(11) Chlorobenzene, μg/L (Monochlorobenzene)
(12) Chloroform (c), μg/L
(13) Chlorpyrifos, μg/L
(14) DDT (c), ng/L
(15) 1,2-Dichloroethane (c), μg/L
(16) Dieldrin (c), ng/L
(17) Di-2-ethylhexyl phthalate (c), μg/L
(18) Di-n-Octyl phthalate, μg/L
(19) Endosulfan, μg/L
(20) Endrin, μg/L
(21) Ethylbenzene (c), μg/L
(22) Fluoranthene, μg/L
(23) Heptachlor (c), ng/L
(24) Heptachlor epoxide (c), ng/L
(25) Hexachlorobenzene (c), ng/L
(26) Lindane (c), μg/L (Hexachlorocyclohexane, gamma-)
(27) Methylene chloride (c), μg/L (Dichloromethane)
(28) Metolachlor
(29) Naphthalene, μg/L
(30) Parathion, μg/L
(31) Pentachlorophenol, μg/L
Class 2B and 2D standards are pH dependent, except that the CS will not exceed 5.5 μg/L. Pentachlorophenol values shown are for a pH of 7.5 only. See part 7050.0222, subpart 4, for examples at other pH values and equations to calculate pentachlorophenol standards for any pH value.
(32) Phenanthrene, μg/L
(33) Phenol, μg/L
(34) Polychlorinated biphenyls (c), ng/L (PCBs, total)
(35) 1,1,2,2-Tetrachloroethane (c), μg/L
(36) Tetrachloroethylene (c), μg/L
(37) Toluene, μg/L
(38) Toxaphene (c), ng/L
(39) 1,1,1-Trichloroethane, μg/L
(40) 1,1,2-Trichloroethylene (c), μg/L
(41) 2,4,6-Trichlorophenol, μg/L
(42) Vinyl chloride (c), μg/L
(43) Xylenes, total, μg/L
D. Escherichia (E.) coli bacteria shall not exceed 126 organisms per 100 milliliters as a geometric mean of not less than five samples representative of conditions within any calendar month, nor shall more than ten percent of all samples taken during any calendar month individually exceed 1,260 organisms per 100 milliliters. The standard applies only between April 1 and October 31.
E. For pH, maintain background. See part 7050.0222, subpart 6.
F. For chloride, maintain background if background is greater than the class 2B chloride standard. See part 7050.0222, subpart 6.
G. For radioactive materials, see parts 7050.0222, subpart 4; and 7050.0224, subparts 2 and 3.
H. Temperature must not exceed:
**Subp. 6.**
[Repealed, 24 SR 1105]
**Subp. 6a. Limited resource value waters and associated use classes.**
A. WATER QUALITY STANDARDS APPLICABLE TO USE CLASSES 3, 4A, 4B, 5, AND 7 SURFACE WATERS
(1) Boron, μg/L
(2) Escherichia (E.) coli bacteria, organisms/100 mL
(3) Hydrogen sulfide, mg/L
(4) Nitrate + nitrite as N, mg/L
(5) Oxygen, dissolved, mg/L
(6) pH minimum, su
(7) pH maximum, su
(8) Radioactive materials
(9) Sulfate, mg/L
(10) Sulfates, wild rice present, mg/L
(11) Total dissolved solids, mg/L
(12) Toxic pollutants
B. Escherichia (E.) coli bacteria shall not exceed 630 organisms per 100 milliliters as a geometric mean of not less than five samples representative of conditions within any calendar month, nor shall more than ten percent of all samples taken during any calendar month individually exceed 1,260 organisms per 100 milliliters. The standard applies only between May 1 and October 31.
C. The level of dissolved oxygen must be maintained at concentrations:
D. For radioactive materials, see part 7050.0224, subparts 2 and 3.
E. Toxic pollutants shall not be allowed in such quantities or concentrations that will impair the specified uses.
**Subp. 7. Site-specific modifications of standards.**
A. The standards in this part and in parts 7050.0221 to 7050.0227 are subject to review and modification as applied to a specific surface water body, reach, or segment. If site-specific information is available that shows that a site-specific modification is more appropriate than the statewide or ecoregion standard for a particular water body, reach, or segment, the site-specific information shall be applied.
B. The information supporting a site-specific modification can be provided by the commissioner or by any person outside the agency. The commissioner shall evaluate all relevant data in support of a modified standard and determine whether a change in the standard for a specific water body or reach is justified.
C. Any effluent limit determined to be necessary based on a modified standard shall only be required after the discharger has been given notice of the specific proposed effluent limits and an opportunity to request a hearing as provided in part 7000.1800.
D. Through the procedures established in items A to C, the following site-specific reservoir eutrophication standards apply to Lake Pepin (25-0001-00) in lieu of the water quality standards listed in this part and part 7050.0222:
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 913; 12 SR 1810; 15 SR 1057; 18 SR 2195; 24 SR 1105; 24 SR 1133; 32 SR 1699; 39 SR 154; 42 SR 441; 46 SR 5*
##### **Minn. R. 7050.0221** Specific Water Quality Standards for Class 1 Waters of the State; Domestic Consumption {#sec-7050.0221 omnilex-key=us-mn-regs-official--agency-167--7050.0221}
**Subpart 1. General.**
A. The numeric and narrative water quality standards in this part prescribe the qualities or properties of the waters of the state that are necessary for the domestic consumption designated public uses and benefits. If the standards in this part are exceeded in waters of the state that have the class 1 designation, it is considered indicative of a polluted condition which is actually or potentially deleterious, harmful, detrimental, or injurious with respect to the designated uses.
B. The class 1 standards in this part are the United States Environmental Protection Agency primary (maximum contaminant levels) and secondary drinking water standards, as contained in Code of Federal Regulations, title 40, parts 141 and 143, as amended. These Environmental Protection Agency drinking water standards are adopted and incorporated by reference with the exceptions in this item. The following standards are not applicable to class 1 groundwaters: the primary drinking water standards for acrylamide, epichlorohydrin, copper, and lead (treatment technique standards) and standards in the disinfectants and disinfection by-products categories. The following standards are not applicable to class 1 surface waters: the primary drinking water standards for acrylamide, epichlorohydrin, copper, lead, and turbidity (treatment technique standards) and the standards in the disinfectants and microbiological organisms categories.
**Subp. 2. Class 1A waters; domestic consumption.**
The quality of class 1A waters of the state shall be such that without treatment of any kind the raw waters will meet in all respects both the primary (maximum contaminant levels) and secondary drinking water standards issued by the United States Environmental Protection Agency as referenced in subpart 1. The Environmental Protection Agency drinking water standards are adopted and incorporated by reference, except as noted in subpart 1. These standards will ordinarily be restricted to underground waters with a high degree of natural protection.
**Subp. 3. Class 1B waters.**
The quality of class 1B waters of the state shall be such that with approved disinfection, such as simple chlorination or its equivalent, the treated water will meet both the primary (maximum contaminant levels) and secondary drinking water standards issued by the United States Environmental Protection Agency as referenced in subpart 1. The Environmental Protection Agency drinking water standards are adopted and incorporated by reference, except as noted in subpart 1.
These standards will ordinarily be restricted to surface and underground waters with a moderately high degree of natural protection and apply to these waters in the untreated state.
**Subp. 4. Class 1C waters.**
The quality of class 1C waters of the state shall be such that with treatment consisting of coagulation, sedimentation, filtration, storage, and chlorination, or other equivalent treatment processes, the treated water will meet both the primary (maximum contaminant levels) and secondary drinking water standards issued by the United States Environmental Protection Agency as referenced in subpart 1. The Environmental Protection Agency drinking water standards are adopted and incorporated by reference, except as noted in subpart 1.
These standards will ordinarily be restricted to surface waters, and groundwaters in aquifers not considered to afford adequate protection against contamination from surface or other sources of pollution. Such aquifers normally would include fractured and channeled limestone, unprotected impervious hard rock where water is obtained from mechanical fractures or joints with surface connections, and coarse gravels subjected to surface water infiltration. These standards shall also apply to these waters in the untreated state.
**Subp. 5.**
[Repealed, 32 SR 1699]
**Subp. 6. Additional standards.**
In addition to the standards in subparts 2 to 5, no sewage, industrial waste, or other wastes from point or nonpoint sources, treated or untreated, shall be discharged into or permitted by any person to gain access to any waters of the state classified for domestic consumption so as to cause any material undesirable increase in the taste, hardness, temperature, chronic toxicity, corrosiveness, or nutrient content, or in any other manner to impair the natural quality or value of the waters for use as a source of drinking water.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 18 SR 2195; 24 SR 1105; 32 SR 1699; 39 SR 154*
##### **Minn. R. 7050.0222** Specific Water Quality Standards for Class 2 Waters of the State; Aquatic Life and Recreation {#sec-7050.0222 omnilex-key=us-mn-regs-official--agency-167--7050.0222}
**Subpart 1. General.**
A. The numeric and narrative water quality standards in this part prescribe the qualities or properties of the waters of the state that are necessary for the aquatic life and recreation designated public uses and benefits. If the standards in this part are exceeded in waters of the state that have the class 2 designation, it is considered indicative of a polluted condition which is actually or potentially deleterious, harmful, detrimental, or injurious with respect to the designated uses.
B. Standards for metals are expressed as total metal in this part, but must be converted to dissolved metal standards for application to surface waters. Conversion factors for converting total to dissolved metal standards are listed in subpart 9. The conversion factor for metals not listed in subpart 9 is one. The dissolved metal standard equals the total metal standard times the conversion factor. Water-quality-based effluent limits for metals are expressed as total metal.
C. The tables of standards in this part include the following abbreviations and acronyms:
D. Important synonyms or acronyms for some chemicals are listed in parentheses below the primary name.
**Subp. 2. Class 2A waters; aquatic life and recreation.**
The quality of class 2A surface waters shall be such as to permit the propagation and maintenance of a healthy community of coldwater aquatic biota, and their habitats according to the definitions in subpart 2c. These waters shall be suitable for aquatic recreation of all kinds, including bathing, for which the waters may be usable. This class of surface waters is also protected as a source of drinking water. Abbreviations, acronyms, and symbols are explained in subpart 1.
The percent un-ionized ammonia can be calculated for any temperature and pH by using the following equation taken from Emerson, K., R.C. Russo, R.E. Lund, and R.V. Thurston, Aqueous ammonia equilibrium calculations; effect of pH and temperature. Journal of the Fisheries Research Board of Canada 32: 2379-2383 (1975):
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.7852[ln(total hardness mg/L)]-3.490)
The MS in μg/L shall not exceed: exp.(1.128[ln(total hardness mg/L)]-3.828)
The FAV in μg/L shall not exceed: exp.(1.128[ln(total hardness mg/L)]-3.1349)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total cadmium standards for five hardness values:
Chlorine standard applies to conditions of continuous exposure, where continuous exposure refers to chlorinated effluents that are discharged for more than a total of two hours in any 24-hour period.
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.819[ln(total hardness mg/L)]+1.561)
The MS in μg/L shall not exceed: exp.(0.819[ln(total hardness mg/L)]+3.688)
The FAV in μg/L shall not exceed: exp.(0.819[ln(total hardness mg/L)]+4.380)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total chromium +3 standards for five total hardness values:
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.620[ln(total hardness mg/L)]-0.570)
The MS in μg/L shall not exceed: exp.(0.9422[ln(total hardness mg/L)]-1.464)
The FAV in μg/L shall not exceed: exp.(0.9422[ln(total hardness mg/L)]-0.7703)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total copper standards for five total hardness values:
Not to exceed 126 organisms per 100 milliliters as a geometric mean of not less than five samples representative of conditions within any calendar month, nor shall more than ten percent of all samples taken during any calendar month individually exceed 1,260 organisms per 100 milliliters. The standard applies only between April 1 and October 31.
Eutrophication standards for class 2A lakes and reservoirs.
Designated lake trout lakes in all ecoregions (lake trout lakes support natural populations of lake trout, Salvelinus namaycush):
Designated trout lakes in all ecoregions, except lake trout lakes:
Additional narrative eutrophication standards for class 2A lakes and reservoirs are found under subpart 2a.
Eutrophication standards for class 2A rivers and streams.
Additional narrative eutrophication standards for class 2A rivers and streams are found under subpart 2b.
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(1.273[ln(total hardness mg/L)]-4.705)
The MS in μg/L shall not exceed: exp.(1.273[ln(total hardness mg/L)]-1.460)
The FAV in μg/L shall not exceed: exp.(1.273[ln(total hardness mg/L)]-0.7643)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total lead standards for five total hardness values:
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS shall not exceed the human health-based standard of 297 μg/L. For waters with total hardness values less than 212 mg/L, the CS in μg/L is toxicity-based and shall not exceed: exp.(0.846[ln(total hardness mg/L)]+1.1645)
The MS in μg/L shall not exceed: exp.(0.846[ln(total hardness mg/L)]+3.3612)
The FAV in μg/L shall not exceed: exp.(0.846[ln(total hardness mg/L)]+4.0543)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total nickel standards for five total hardness values:
7.0 mg/L as a daily minimum. This dissolved oxygen standard requires compliance with the standard 50 percent of the days at which the flow of the receiving water is equal to the 7Q10.
The MS and FAV vary with pH and are calculated using the following equations:
The MS in μg/L shall not exceed: exp.(1.005[pH]-4.830)
The FAV in μg/L shall not exceed: exp.(1.005[pH]-4.1373)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For pH values less than 6.0, 6.0 shall be used to calculate the standard and for pH values greater than 9.0, 9.0 shall be used to calculate the standard.
Example of pentachlorophenol standards for five pH values:
Not to exceed the lowest concentrations permitted to be discharged to an uncontrolled environment as permitted by the appropriate authority having control over their use.
The MS and FAV vary with total hardness and are calculated using the following equations:
The MS in μg/L shall not exceed: exp.(1.720[ln(total hardness mg/L)]-7.2156)
The FAV in μg/L shall not exceed: exp.(1.720[ln(total hardness mg/L)]-6.520)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of silver standards for five total hardness values:
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.8473[ln(total hardness mg/L)]+0.7615)
The MS in μg/L shall not exceed: exp.(0.8473[ln(total hardness mg/L)]+0.8604)
The FAV in μg/L shall not exceed: exp.(0.8473[ln(total hardness mg/L)]+1.5536
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of zinc standards for five total hardness values:
**Subp. 2a. Narrative eutrophication standards for lakes and reservoirs.**
A. Eutrophication standards for lakes and reservoirs are compared to summer-average data. Exceedance of the total phosphorus and either the chlorophyll-a or Secchi disk transparency standard is required to indicate a polluted condition.
B. It is the policy of the agency to protect all lakes and reservoirs from the undesirable effects of cultural eutrophication. Lakes and reservoirs with a baseline quality better than the numeric eutrophication standards in subpart 2 must be maintained in that condition through the strict application of all relevant federal, state, and local requirements governing antidegradation, the discharge of nutrients from point and nonpoint sources, and the protection of lake or reservoir resources, including, but not limited to:
C. Lakes and reservoirs with a baseline quality that is poorer than the numeric eutrophication standards in subpart 2 must be considered to be in compliance with the standards if the baseline quality is the result of natural causes. The commissioner shall determine baseline quality and compliance with these standards using data and the procedures in part 7050.0150, subpart 5.
D. When applied to reservoirs, the eutrophication standards in this subpart and subpart 2 may be modified on a site-specific basis to account for characteristics unique to reservoirs that can affect trophic status, such as water temperature, variations in hydraulic residence time, watershed size, and the fact that reservoirs may receive drainage from more than one ecoregion. Information supporting a site-specific standard can be provided by the commissioner or by any person outside the agency. The commissioner shall evaluate all data in support of a modified standard and determine whether a change in the standard for a specific reservoir is justified. Any total phosphorus effluent limit determined to be necessary based on a modified standard shall only be required after the discharger has been given notice of the specific proposed effluent limits and an opportunity to request a hearing as provided in part 7000.1800.
E. Eutrophication standards applicable to lakes and reservoirs that lie on the border between two ecoregions or that are in the Red River Valley (also referred to as Lake Agassiz Plains), Northern Minnesota Wetlands, or Driftless Area Ecoregion must be applied on a case-by-case basis. The commissioner shall use the standards applicable to adjacent ecoregions as a guide.
**Subp. 2b. Narrative eutrophication standards for rivers and streams.**
A. Eutrophication standards for rivers and streams are compared to summer-average data or as specified in subpart 2. Exceedance of the total phosphorus levels and chlorophyll-a (seston), five-day biochemical oxygen demand (BOD5), diel dissolved oxygen flux, or pH levels is required to indicate a polluted condition.
B. Rivers and streams that exceed the phosphorus levels but do not exceed the chlorophyll-a (seston), five-day biochemical oxygen demand (BOD5), diel dissolved oxygen flux, or pH levels meet the eutrophication standard.
C. For chlorophyll-a (periphyton), the standard is exceeded if concentrations exceed 150 mg/m2 more than one year in ten.
D. It is the policy of the agency to protect all rivers and streams from the undesirable effects of cultural eutrophication. Rivers and streams with a baseline quality better than the numeric eutrophication standards in subpart 3 must be maintained in that condition through the strict application of all relevant federal, state, and local requirements governing antidegradation, the discharge of nutrients from point and nonpoint sources, including:
E. Rivers and streams with a baseline quality that does not meet the numeric eutrophication standards in part 7050.0150, subpart 5b, are in compliance with the standards if the baseline quality is the result of natural causes. The commissioner must determine baseline quality and compliance with these standards using data and the procedures in part 7050.0150, subpart 5.
**Subp. 2c. Beneficial use definitions for lotic coldwater aquatic life and habitats (class 2A).**
A. Subitems (1) to (5) apply to the beneficial uses in items B and C:
B. "Exceptional coldwater aquatic life and habitat" or "class 2Ae" is a beneficial use that means waters capable of supporting and maintaining an exceptional and balanced, integrated, adaptive community of coldwater aquatic organisms having a species composition, diversity, and functional organization comparable to the 75th percentile of biological condition gradient level 3 as established in Calibration of the Biological Condition Gradient for Streams of Minnesota, Gerritsen et al. (2012).
C. "General coldwater aquatic life and habitat" or "class 2Ag" is a beneficial use that means waters capable of supporting and maintaining a balanced, integrated, adaptive community of coldwater aquatic organisms having a species composition, diversity, and functional organization comparable to the median of biological condition gradient level 4 as established in Calibration of the Biological Condition Gradient for Streams of Minnesota, Gerritsen et al. (2012).
**Subp. 2d. Biological criteria for lotic coldwater aquatic life and habitats (class 2A).**
The biological criteria for lotic coldwater aquatic life and habitats (class 2A) are applicable to perennial and intermittent waters that allow for colonization of fish or macroinvertebrates.
**Subp. 3. Class 2Bd waters.**
The quality of class 2Bd surface waters shall be such as to permit the propagation and maintenance of a healthy community of cool or warm water aquatic biota and their habitats according to the definitions in subpart 3c. These waters shall be suitable for aquatic recreation of all kinds, including bathing, for which the waters may be usable. This class of surface waters is also protected as a source of drinking water. The applicable standards are given below. Abbreviations, acronyms, and symbols are explained in subpart 1.
The percent un-ionized ammonia can be calculated for any temperature and pH by using the following equation taken from Emerson, K., R.C. Russo, R.E. Lund, and R.V. Thurston, Aqueous ammonia equilibrium calculations; effect of pH and temperature. Journal of the Fisheries Research Board of Canada 32: 2379-2383 (1975):
f = 1/(10(pka-pH) + 1) x 100
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.7852[ln(total hardness mg/L)]-3.490)
The MS in μg/L shall not exceed: exp.(1.128[ln(total hardness mg/L)]-1.685)
The FAV in μg/L shall not exceed: exp.(1.128[ln(total hardness mg/L)]-0.9919)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total cadmium standards for five hardness values:
Chlorine standard applies to conditions of continuous exposure, where continuous exposure refers to chlorinated effluents that are discharged for more than a total of two hours in any 24-hour period.
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.819[ln(total hardness mg/L)]+1.561)
The MS in μg/L shall not exceed: exp.(0.819[ln(total hardness mg/L)]+3.688)
The FAV in μg/L shall not exceed: exp.(0.819[ln(total hardness mg/L)]+4.380)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total chromium +3 standards for five total hardness values:
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.620[ln(total hardness mg/L)]-0.570)
The MS in μg/L shall not exceed: exp.(0.9422[ln(total hardness mg/L)]-1.464)
The FAV in μg/L shall not exceed: exp.(0.9422[ln(total hardness mg/L)]-0.7703)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total copper standards for five total hardness values:
Not to exceed 126 organisms per 100 milliliters as a geometric mean of not less than five samples representative of conditions within any calendar month, nor shall more than ten percent of all samples taken during any calendar month individually exceed 1,260 organisms per 100 milliliters. The standard applies only between April 1 and October 31.
Eutrophication standards for class 2Bd lakes, shallow lakes, and reservoirs.
Lakes, Shallow Lakes, and Reservoirs in Northern Lakes and Forest Ecoregion
Lakes and Reservoirs in North Central Hardwood Forest Ecoregion
Lakes and Reservoirs in Western Corn Belt Plains and Northern Glaciated Plains Ecoregions
Shallow Lakes in North Central Hardwood Forest Ecoregion
Shallow Lakes in Western Corn Belt Plains and Northern Glaciated Plains Ecoregions
Additional narrative eutrophication standards for class 2Bd lakes, shallow lakes, and reservoirs are found under subpart 3a.
Eutrophication standards for class 2Bd rivers and streams.
Additional narrative eutrophication standards for class 2Bd rivers and streams are found under subpart 3b.
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(1.273[ln(total hardness mg/L)]-4.705)
The MS in μg/L shall not exceed: exp.(1.273[ln(total hardness mg/L)]-1.460)
The FAV in μg/L shall not exceed: exp.(1.273[ln(total hardness mg/L)]-0.7643)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total lead standards for five total hardness values:
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS shall not exceed the human health-based standard of 297 μg/L. For waters with total hardness values less than 212 mg/L, the CS in μg/L is toxicity-based and shall not exceed: exp.(0.846[ln(total hardness mg/L)]+1.1645)
The MS in μg/L shall not exceed: exp.(0.846[ln(total hardness mg/L)]+3.3612)
The FAV in μg/L shall not exceed: exp.(0.846[ln(total hardness mg/L)]+4.0543)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total nickel standards for five total hardness values:
5.0 mg/L as a daily minimum. This dissolved oxygen standard may be modified on a site-specific basis according to part 7050.0220, subpart 7, except that no site-specific standard shall be less than 5 mg/L as a daily average and 4 mg/L as a daily minimum. Compliance with this standard is required 50 percent of the days at which the flow of the receiving water is equal to the 7Q10.
The MS and FAV vary with pH and are calculated using the following equations:
The MS in μg/L shall not exceed: exp.(1.005[pH]-4.830)
The FAV in μg/L shall not exceed: exp.(1.005[pH]-4.1373)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For pH values less than 6.0, 6.0 shall be used to calculate the standard and for pH values greater than 9.0, 9.0 shall be used to calculate the standard.
Example of pentachlorophenol standards for five pH values:
Not to exceed the lowest concentrations permitted to be discharged to an uncontrolled environment as permitted by the appropriate authority having control over their use.
The MS and FAV vary with total hardness and are calculated using the following equations:
The MS in μg/L shall not exceed: exp.(1.720[ln(total hardness mg/L)]-7.2156)
The FAV in μg/L shall not exceed: exp.(1.720[ln(total hardness mg/L)]-6.520)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total silver standards for five total hardness values:
5°F above natural in streams and 3°F above natural in lakes, based on monthly average of the maximum daily temperatures, except in no case shall it exceed the daily average temperature of 86°F.
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.8473[ln(total hardness mg/L)]+0.7615)
The MS in μg/L shall not exceed: exp.(0.8473[ln(total hardness mg/L)]+0.8604)
The FAV in μg/L shall not exceed: exp.(0.8473[ln(total hardness mg/L)]+1.5536)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total zinc standards for five total hardness values:
**Subp. 3a. Narrative eutrophication standards for class 2Bd lakes, shallow lakes, and reservoirs.**
A. Eutrophication standards applicable to lakes, shallow lakes, and reservoirs that lie on the border between two ecoregions or that are in the Red River Valley (also referred to as Lake Agassiz Plains), Northern Minnesota Wetlands, or Driftless Area Ecoregion must be applied on a case-by-case basis. The commissioner shall use the standards applicable to adjacent ecoregions as a guide.
B. Eutrophication standards are compared to summer-average data. Exceedance of the total phosphorus and either the chlorophyll-a or Secchi disk transparency standard is required to indicate a polluted condition.
C. It is the policy of the agency to protect all lakes, shallow lakes, and reservoirs from the undesirable effects of cultural eutrophication. Lakes, shallow lakes, and reservoirs with a baseline quality better than the numeric eutrophication standards in subpart 3 must be maintained in that condition through the strict application of all relevant federal, state, and local requirements governing antidegradation, the discharge of nutrients from point and nonpoint sources, and the protection of lake, shallow lake, and reservoir resources, including, but not limited to:
D. Lakes, shallow lakes, and reservoirs with a baseline quality that is poorer than the numeric eutrophication standards in subpart 3 must be considered to be in compliance with the standards if the baseline quality is the result of natural causes. The commissioner shall determine baseline quality and compliance with these standards using data and the procedures in part 7050.0150, subpart 5.
E. When applied to reservoirs, the eutrophication standards in this subpart and subpart 3 may be modified on a site-specific basis to account for characteristics of reservoirs that can affect trophic status, such as water temperature, variations in hydraulic residence time, watershed size, and the fact that reservoirs may receive drainage from more than one ecoregion. Information supporting a site-specific standard can be provided by the commissioner or by any person outside the agency. The commissioner shall evaluate all data in support of a modified standard and determine whether a change in the standard for a specific reservoir is justified. Any total phosphorus effluent limit determined to be necessary based on a modified standard shall only be required after the discharger has been given notice of the specific proposed effluent limits and an opportunity to request a hearing as provided in part 7000.1800.
**Subp. 3b. Narrative eutrophication standards for rivers, streams, and navigational pools.**
A. Eutrophication standards for rivers, streams, and navigational pools are compared to summer-average data or as specified in subpart 3. Exceedance of the total phosphorus levels and chlorophyll-a (seston), five-day biochemical oxygen demand (BOD5), diel dissolved oxygen flux, or pH levels is required to indicate a polluted condition.
B. Rivers, streams, and navigational pools that exceed the phosphorus levels but do not exceed the chlorophyll-a (seston), five-day biochemical oxygen demand (BOD5), diel dissolved oxygen flux, or pH levels meet the eutrophication standard.
C. A polluted condition also exists when the chlorophyll-a (periphyton) concentration exceeds 150 mg/m2 more than one year in ten.
D. It is the policy of the agency to protect all rivers, streams, and navigational pools from the undesirable effects of cultural eutrophication. Rivers, streams, and navigational pools with a baseline quality better than the numeric eutrophication standards in subpart 3 must be maintained in that condition through the strict application of all relevant federal, state, and local requirements governing antidegradation, the discharge of nutrients from point and nonpoint sources including:
E. Rivers, streams, and navigational pools with a baseline quality that does not meet the numeric eutrophication standards in part 7050.0150, subpart 5b, are in compliance with the standards if the baseline quality is the result of natural causes. The commissioner must determine baseline quality and compliance with these standards using data and the procedures in part 7050.0150, subpart 5.
**Subp. 3c. Beneficial use definitions for lotic warm or cool water aquatic life and habitats (class 2Bd).**
A. Subitems (1) to (5) apply to the beneficial uses in items B to D:
B. "Exceptional cool and warm water aquatic life and habitat, also protected as a source for drinking water" or "class 2Bde" is a beneficial use that means waters capable of supporting and maintaining an exceptional and balanced, integrated, adaptive community of warm or cool water aquatic organisms having a species composition, diversity, and functional organization comparable to the 75th percentile of biological condition gradient level 3 as established in Calibration of the Biological Condition Gradient for Streams of Minnesota, Gerritsen et al. (2012).
C. "General cool and warm water aquatic life and habitat, also protected as a source for drinking water" or "class 2Bdg" is a beneficial use that means waters capable of supporting and maintaining a balanced, integrated, adaptive community of warm or cool water aquatic organisms having a species composition, diversity, and functional organization comparable to the median of biological condition gradient level 4 as established in Calibration of the Biological Condition Gradient for Streams of Minnesota, Gerritsen et al. (2012).
D. "Modified cool and warm water aquatic life and habitat, also protected as a source for drinking water" or "class 2Bdm" is a beneficial use that means waters capable of supporting and maintaining a balanced, integrated, adaptive community of warm or cool water aquatic organisms having a species composition, diversity, and functional organization comparable to the median of biological condition gradient level 5 as established in Calibration of the Biological Condition Gradient for Streams of Minnesota, Gerritsen et al. (2012).
**Subp. 3d. Biological criteria for lotic warm or cool water aquatic life and habitats (class 2Bd).**
The biological criteria for lotic warm or cool water aquatic life and habitats (class 2Bd) are applicable to perennial and intermittent waters that allow for colonization of fish or macroinvertebrates.
**Subp. 4. Class 2B waters.**
The quality of class 2B surface waters shall be such as to permit the propagation and maintenance of a healthy community of cool or warm water aquatic biota, and their habitats according to the definitions in subpart 4c. These waters shall be suitable for aquatic recreation of all kinds, including bathing, for which the waters may be usable. This class of surface water is not protected as a source of drinking water. The applicable standards are given below. Abbreviations, acronyms, and symbols are explained in subpart 1.
The percent un-ionized ammonia can be calculated for any temperature and pH by using the following equation taken from Emerson, K., R.C. Russo, R.E. Lund, and R.V. Thurston, Aqueous ammonia equilibrium calculations; effect of pH and temperature. Journal of the Fisheries Research Board of Canada 32: 2379-2383 (1975):
f = 1/(10(pka-pH) + 1) x 100
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.7852[ln(total hardness mg/L)]-3.490)
The MS in μg/L shall not exceed: exp.(1.128[ln(total hardness mg/L)]-1.685)
The FAV in μg/L shall not exceed: exp.(1.128[ln(total hardness mg/L)]-0.9919)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total cadmium standards for five hardness values:
Chlorine standard applies to conditions of continuous exposure, where continuous exposure refers to chlorinated effluents that are discharged for more than a total of two hours in any 24-hour period.
The CS, MS, and FAV vary with total hardness and are calculated using the following equations
The CS in μg/L shall not exceed: exp.(0.819[ln(total hardness mg/L)]+1.561)
The MS in μg/L shall not exceed: exp.(0.819[ln(total hardness mg/L)]+3.688)
The FAV in μg/L shall not exceed: exp.(0.819[ln(total hardness mg/L)]+4.380)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total chromium +3 standards for five total hardness values:
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.6200[ln(total hardness mg/L)]-0.570)
The MS in μg/L shall not exceed: exp.(0.9422[ln(total hardness mg/L)]-1.464)
The FAV in μg/L shall not exceed: exp.(0.9422[ln(total hardness mg/L)]-0.7703)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total copper standards for five total hardness values:
Not to exceed 126 organisms per 100 milliliters as a geometric mean of not less than five samples representative of conditions within any calendar month, nor shall more than ten percent of all samples taken during any calendar month individually exceed 1,260 organisms per 100 milliliters. The standard applies only between April 1 and October 31.
Eutrophication standards for class 2B lakes, shallow lakes, and reservoirs.
Lakes, Shallow Lakes, and Reservoirs in Northern Lakes and Forest Ecoregions
Lakes and Reservoirs in North Central Hardwood Forest Ecoregion
Lakes and Reservoirs in Western Corn Belt Plains and Northern Glaciated Plains Ecoregions
Shallow Lakes in North Central Hardwood Forest Ecoregion
Shallow Lakes in Western Corn Belt Plains and Northern Glaciated Plains Ecoregions
Additional narrative eutrophication standards for class 2B lakes, shallow lakes, and reservoirs are found in subpart 4a.
Eutrophication standards for class 2B rivers and streams.
Site-specific standards for specified river reaches or other waters are:
Additional narrative eutrophication standards for class 2B rivers and streams are found in subpart 4b.
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(1.273[ln(total hardness mg/L)]-4.705)
The MS in μg/L shall not exceed: exp.(1.273[ln(total hardness mg/L)]-1.460)
The FAV in μg/L shall not exceed: exp.(1.273[ln(total hardness mg/L)]-0.7643)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total lead standards for five total hardness values:
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.846[ln(total hardness mg/L)]+1.1645)
The MS in μg/L shall not exceed: exp.(0.846[ln(total hardness mg/L)]+3.3612)
The FAV in μg/L shall not exceed: exp.(0.846[ln(total hardness mg/l)]+4.0543)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total nickel standards for five total hardness values:
5.0 mg/L as a daily minimum. This dissolved oxygen standard may be modified on a site-specific basis according to part 7050.0220, subpart 7, except that no site-specific standard shall be less than 5 mg/L as a daily average and 4 mg/L as a daily minimum. Compliance with this standard is required 50 percent of the days at which the flow of the receiving water is equal to the 7Q10. This standard applies to all class 2B waters except for:
(1) those portions of the Mississippi River from the outlet of the Metro Wastewater Treatment Works in Saint Paul (River Mile 835) to Lock and Dam No. 2 at Hastings (River Mile 815). For this reach of the Mississippi River, the standard is not less than 5 mg/L as a daily average from April 1 through November 30, and not less than 4 mg/L at other times; and
(2) the portion of the Minnesota River from the outlet of the Blue Lake wastewater treatment works (River Mile 21) to the mouth at Fort Snelling. For the specified reach of the Minnesota River, the standard is not less than 5 mg/L as a daily average year round.
The CS, MS, and FAV vary with pH and are calculated using the following equations:
For waters with pH values greater than 6.95, the CS shall not exceed the human health-based standard of 5.5 μg/L.
For waters with pH values less than 6.96, the CS in μg/L shall not exceed the toxicity-based standard of exp.(1.005[pH]-5.290)
The MS in μg/L shall not exceed: exp.(1.005[pH]-4.830)
The FAV in μg/L shall not exceed: exp.(1.005[pH]-4.1373)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For pH values less than 6.0, 6.0 shall be used to calculate the standard and for pH values greater than 9.0, 9.0 shall be used to calculate the standard.
Example of pentachlorophenol standards for five pH values:
Not to exceed the lowest concentrations permitted to be discharged to an uncontrolled environment as permitted by the appropriate authority having control over their use.
The MS and FAV vary with total hardness and are calculated using the following equations:
The MS in μg/L shall not exceed: exp.(1.720[ln(total hardness mg/L)]-7.2156)
The FAV in μg/L shall not exceed: exp.(1.720[ln(total hardness mg/L)]-6.520
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total silver standards for five total hardness values:
5°F above natural in streams and 3°F above natural in lakes, based on monthly average of the maximum daily temperatures, except in no case shall it exceed the daily average temperature of 86°F.
The CS, MS, and FAV vary with total hardness and are calculated using the following equations:
The CS in μg/L shall not exceed: exp.(0.8473[ln(total hardness mg/L)]+0.7615)
The MS in μg/L shall not exceed: exp.(0.8473[ln(total hardness mg/L)]+0.8604)
The FAV in μg/L shall not exceed: exp.(0.8473[ln(total hardness mg/L)]+1.5536)
Where: exp. is the natural antilogarithm (base e) of the expression in parenthesis.
For hardness values greater than 400 mg/L, 400 mg/L shall be used to calculate the standard.
Example of total zinc standards for five total hardness values:
**Subp. 4a. Narrative eutrophication standards for class 2B lakes, shallow lakes, and reservoirs.**
A. Eutrophication standards applicable to lakes, shallow lakes, and reservoirs that lie on the border between two ecoregions or that are in the Red River Valley (also referred to as Lake Agassiz Plains), Northern Minnesota Wetlands, or Driftless Area Ecoregion must be applied on a case-by-case basis. The commissioner shall use the standards applicable to adjacent ecoregions as a guide.
B. Eutrophication standards are compared to summer-average data. Exceedance of the total phosphorus and either the chlorophyll-a or Secchi disk transparency standard is required to indicate a polluted condition.
C. It is the policy of the agency to protect all lakes, shallow lakes, and reservoirs from the undesirable effects of cultural eutrophication. Lakes, shallow lakes, and reservoirs with a baseline quality better than the numeric eutrophication standards in subpart 4 must be maintained in that condition through the strict application of all relevant federal, state, and local requirements governing antidegradation, the discharge of nutrients from point and nonpoint sources, and the protection of lake, shallow lake, and reservoir resources, including, but not limited to:
D. Lakes, shallow lakes, and reservoirs with a baseline quality that is poorer than the numeric eutrophication standards in subpart 4 must be considered to be in compliance with the standards if the baseline quality is the result of natural causes. The commissioner shall determine baseline quality and compliance with these standards using data and the procedures in part 7050.0150, subpart 5.
E. When applied to reservoirs, the eutrophication standards in this subpart and subpart 4 may be modified on a site-specific basis to account for characteristics of reservoirs that can affect trophic status, such as water temperature, variations in hydraulic residence time, watershed size, and the fact that reservoirs may receive drainage from more than one ecoregion. Information supporting a site-specific standard can be provided by the commissioner or by any person outside the agency. The commissioner shall evaluate all data in support of a modified standard and determine whether a change in the standard for a specific reservoir is justified. Any total phosphorus effluent limit determined to be necessary based on a modified standard shall only be required after the discharger has been given notice of the specific proposed effluent limits and an opportunity to request a hearing as provided in part 7000.1800.
**Subp. 4b. Narrative eutrophication standards for class 2B rivers and streams.**
A. Eutrophication standards for rivers and streams are compared to summer-average data or as specified in subpart 4. Exceedance of the total phosphorus levels and chlorophyll-a (seston), five-day biochemical oxygen demand (BOD5), diel dissolved oxygen flux, or pH levels is required to indicate a polluted condition.
B. Rivers and streams that exceed the phosphorus levels but do not exceed the chlorophyll-a (seston), five-day biochemical oxygen demand (BOD5), diel dissolved oxygen flux, or pH levels meet the eutrophication standard.
C. A polluted condition also exists when the chlorophyll-a (periphyton) concentration exceeds 150 mg/m2 more than one year in ten
D. It is the policy of the agency to protect all rivers, streams, and navigational pools from the undesirable effects of cultural eutrophication. Rivers, streams, and navigational pools with a baseline quality better than the numeric eutrophication standards in subpart 4 must be maintained in that condition through the strict application of all relevant federal, state, and local requirements governing antidegradation, the discharge of nutrients from point and nonpoint sources, including:
E. Rivers, streams, and navigational pools with a baseline quality that does not meet the numeric eutrophication standards in subpart 4 are in compliance with the standards if the baseline quality is the result of natural causes. The commissioner must determine baseline quality and compliance with these standards using data and the procedures in part 7050.0150, subpart 5.
**Subp. 4c. Beneficial use definitions for lotic warm or cool water aquatic life and habitats (class 2B).**
A. Subitems (1) to (5) apply to the beneficial uses in items B to D:
B. "Exceptional cool and warm water aquatic life and habitat" or "class 2Be" is a beneficial use that means waters capable of supporting and maintaining an exceptional and balanced, integrated, adaptive community of warm or cool water aquatic organisms having a species composition, diversity, and functional organization comparable to the 75th percentile of biological condition gradient level 3 as established in Calibration of the Biological Condition Gradient for Streams of Minnesota, Gerritsen et al. (2012).
C. "General cool and warm water aquatic life and habitat" or "class 2Bg" is a beneficial use that means waters capable of supporting and maintaining a balanced, integrated, adaptive community of warm or cool water aquatic organisms having a species composition, diversity, and functional organization comparable to the median of biological condition gradient level 4 as established in Calibration of the Biological Condition Gradient for Streams of Minnesota, Gerritsen et al. (2012).
D. "Modified cool and warm water aquatic life and habitat" or "class 2Bm" is a beneficial use that means waters capable of supporting and maintaining a balanced, integrated, adaptive community of warm or cool water aquatic organisms having a species composition, diversity, and functional organization comparable to the median of biological condition gradient level 5 as established in Calibration of the Biological Condition Gradient for Streams of Minnesota, Gerritsen et al. (2012).
**Subp. 4d. Biological criteria for lotic warm or cool water aquatic life and habitats (class 2B).**
The biological criteria for lotic warm or cool water aquatic life and habitats (class 2B) are applicable to perennial and intermittent waters that allow for colonization of fish or macroinvertebrates.
**Subp. 5.**
[Repealed, 42 SR 441]
**Subp. 6. Class 2D waters; wetlands.**
A. The quality of class 2D wetlands shall be such as to permit propagation and maintenance of a healthy community of aquatic and terrestrial species indigenous to wetlands, and their habitats. Wetlands also add to the biological diversity of the landscape. These waters shall be suitable for boating and other forms of aquatic recreation for which the wetland may be usable. The standards for class 2B waters listed under subpart 4 shall apply to these waters except as listed below:
B. "Maintain background," as used in this subpart, means the concentration of the water quality substances, characteristics, or pollutants shall not deviate from the range of natural background concentrations or conditions such that there is a potential significant adverse impact to the designated uses.
C. Activities in wetlands which involve the normal farm practices of planting with annually seeded crops or the utilization of a crop rotation seeding of pasture grasses or legumes, including the recommended applications of fertilizer and pesticides, are excluded from the standards in this subpart and the wetland standards in item A and parts 7050.0225, subpart 2, and 7050.0227. All other activities in these wetlands must meet water quality standards.
**Subp. 7. Additional standards; class 2 waters.**
The following additional standards and requirements apply to all class 2 waters.
A. No sewage, industrial waste, or other wastes from point or nonpoint sources shall be discharged into any of the waters of this category so as to cause any material change in any other substances, characteristics, or pollutants which may impair the quality of the waters of the state or the aquatic biota of any of the classes in subparts 2 to 6 or in any manner render them unsuitable or objectionable for fishing, fish culture, or recreational uses. Additional selective limits or changes in the discharge bases may be imposed on the basis of local needs.
B. To prevent acutely toxic conditions, concentrations of toxic pollutants from point or nonpoint sources must not exceed the FAV as a one-day average at the point of discharge or in the surface water consistent with parts 7050.0210, subpart 5, item D; 7053.0215, subpart 1; 7053.0225, subpart 6; and 7053.0245, subpart 1. If a discharge is composed of a mixture of more than one chemical, and the chemicals have the same mode of toxic action, the commissioner has the option to apply an additive model to determine the toxicity of the mixture using the following equation:
C. To prevent chronically toxic conditions, concentrations of toxic pollutants must not exceed the applicable CS or CC and MS or MC in surface waters outside allowable mixing zones as described in part 7050.0210, subpart 5. The CS or CC and MS or MC will be averaged over the following durations: the MS or MC will be a one-day average; the CS or CC, based on toxicity to aquatic life, will be a four-day average; and the CS or CC, based on human health and applied in water or wildlife toxicity, will be a 30-day average.
D. Concentrations of noncarcinogenic or nonlinear carcinogenic (NLC) chemicals in water or fish tissue from point or nonpoint sources, singly or in mixtures, must be below levels expected to produce known adverse effects. This is accomplished through the application of an additive noncancer health risk index using common health risk index endpoints or health endpoints. Mixtures of chemicals with listed CS or site-specific CC are evaluated using the following approach: Chemicals must be grouped according to medium (water or fish) and each health endpoint. Chemicals for which no health endpoint is specified are not grouped. Chemicals that are also linear carcinogens must be grouped as described under item E. Using the following equation, a noncancer health risk index must be determined for each group of two or more chemicals that have a common health endpoint listed in this part. To meet the protection objectives in part 7050.0217, the noncancer health risk index must not exceed a value of one.
E. Concentrations of carcinogenic chemicals from point or nonpoint sources, singly or in mixtures, must not exceed an incremental or additional excess risk level of one in 100,000 (10-5) in surface waters or fish tissue. Carcinogenic chemicals will be considered additive in their effect according to the following equation unless an alternative model is supported by available scientific evidence. The additive equation applies to chemicals that have a human health-based chronic standard (CS) or site-specific chronic criterion (CC) calculated with a cancer potency slope factor. To meet the protection objectives in part 7050.0217, the cancer health risk index must not exceed a value of one.
F. When monitoring indicates that chemical breakdown products or environmental degradates are present in surface water or fish tissue, those products must be considered when meeting the objectives for toxic pollutants in part 7050.0217. When no human health-based CS or other MDH health-based guidance is available for the chemical breakdown product, the CS or CC for the parent chemical must be applied for that product. The parent CS or CC must also be applied to evaluate mixtures of chemicals.
G. This item applies to maximum standards (MS), final acute values (FAV), and double dashes (--) in this part and part 7050.0220 marked with an asterisk (*). For carcinogenic or highly bioaccumulative chemicals with BCFs greater than 5,000 or log Kow values greater than 5.19, the human health-based chronic standard (CS) may be two or more orders of magnitude smaller than the acute toxicity-based MS. If the ratio of the MS to the CS is greater than 100, the CS times 100 must be substituted for the applicable MS, and the CS times 200 must be substituted for the applicable FAV. Any effluent limit derived using the procedures of this item must only be required after the discharger has been given notice of the specific proposed effluent limits and an opportunity to request a hearing as provided in part 7000.1800.
**Subp. 8.**
[Repealed, 32 SR 1699]
**Subp. 9. Conversion factors for dissolved metal standards.**
Conversion factors for cadmium and lead are hardness (TH) dependent. The factors shown in the table above are for a total hardness of 100 mg/L only. Conversion factors for cadmium and lead for other hardness values shall be calculated using the equations included in the table. The dissolved standard is the total standard times the conversion factor.
**History**
- *Statutory Authority: MS s 14.06; 115.03; 115.44; 116.07*
- *History: 18 SR 2195; 19 SR 1310; 24 SR 1105; 27 SR 1217; 32 SR 1699; 39 SR 154; 39 SR 1344; 18 SR 2195; 19 SR 1310; 24 SR 1105; 27 SR 1217; 32 SR 1699; 39 SR 154; 39 SR 1344; 41 SR 545; 18 SR 2195; 19 SR 1310; 24 SR 1105; 27 SR 1217; 32 SR 1699; 39 SR 154; 39 SR 1344; 41 SR 545; 42 SR 441; 46 SR 5*
##### **Minn. R. 7050.0223** Specific Water Quality Standard for Class 3 Waters of the State; Industrial Consumption {#sec-7050.0223 omnilex-key=us-mn-regs-official--agency-167--7050.0223}
**Subpart 1. General.**
The narrative water quality standard in this part prescribes the qualities or properties of the waters of the state that are necessary for the industrial consumption designated public uses and benefits.
**Subp. 2. Class 3 waters; industrial consumption.**
The quality of class 3 waters of the state must be such as to permit their use for industrial purposes to avoid severe fouling, corrosion, or scaling. If the standard in this part is exceeded in waters of the state that have the class 3 designation, it is considered indicative of a polluted condition that is actually or potentially deleterious, harmful, detrimental, or injurious with respect to the designated use. No sewage, industrial waste, or other wastes from point or nonpoint sources, treated or untreated, shall be discharged into or permitted by any person to gain access to any waters of the state classified for industrial purposes so as to cause any material impairment of their use as a source of industrial water supply.
**Subp. 3.**
[Repealed, 46 SR 5]
**Subp. 4.**
[Repealed, 46 SR 5]
**Subp. 5.**
[Repealed, 46 SR 5]
**Subp. 6.**
[Repealed, 46 SR 5]
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 18 SR 2195; 32 SR 1699; 46 SR 5*
##### **Minn. R. 7050.0224** Specific Water Quality Standards for Class 4 Waters of the State; Agriculture and Wildlife {#sec-7050.0224 omnilex-key=us-mn-regs-official--agency-167--7050.0224}
**Subpart 1. General.**
The numeric and narrative water quality standards in this part prescribe the qualities or properties of the waters of the state that are necessary for the agriculture and wildlife designated public uses and benefits. Wild rice is an aquatic plant resource found in certain waters within the state. The harvest and use of grains from this plant serve as a food source for wildlife and humans. In recognition of the ecological importance of this resource, and in conjunction with Minnesota Indian tribes, selected wild rice waters have been specifically identified [WR] and listed in part 7050.0470, subpart 1. The quality of these waters and the aquatic habitat necessary to support the propagation and maintenance of wild rice plant species must not be materially impaired or degraded. If the standards in this part are exceeded in waters of the state that have the class 4 designation, it is considered indicative of a polluted condition which is actually or potentially deleterious, harmful, detrimental, or injurious with respect to the designated uses.
**Subp. 2. Class 4A waters.**
The quality of class 4A waters of the state must be such as to permit their use for irrigation without significant damage or adverse effects upon any crops or vegetation usually grown in the waters or area. In addition, the following standards apply:
Items A and B apply to the quality of class 4A waters of the state, with the exception of the numeric sulfate standard applicable to waters used for production of wild rice.
A. Determining whether irrigation water quality would cause significant damage or adverse effects must consider the following items in the area where the water is applied for irrigation: crop types, soil types, climate, and irrigation practices.
B. Irrigation water quality must be protected over the growing season as an average.
**Subp. 3. Class 4B waters; livestock and wildlife.**
The quality of class 4B waters of the state must be such as to permit their use by livestock and wildlife without inhibition or injurious effects. The standards for substances, characteristics, or pollutants given below must not be exceeded, as a 30-day average, in the waters of the state:
**Subp. 4.**
[Repealed, 46 SR 5]
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 18 SR 2195; 22 SR 1466; 24 SR 1105; 32 SR 1699; 46 SR 5*
##### **Minn. R. 7050.0225** Specific Water Quality Standards for Class 5 Waters of the State; Aesthetic Enjoyment and Navigation {#sec-7050.0225 omnilex-key=us-mn-regs-official--agency-167--7050.0225}
**Subpart 1. General.**
The numeric and narrative water quality standards in this part prescribe the qualities or properties of the waters of the state that are necessary for the aesthetic enjoyment and navigation designated public uses and benefits. If the standards in this part are exceeded in waters of the state that have the class 5 designation, it is considered indicative of a polluted condition which is actually or potentially deleterious, harmful, detrimental, or injurious with respect to the designated uses.
**Subp. 2. Class 5 waters; aesthetic enjoyment and navigation.**
The quality of class 5 waters of the state shall be such as to be suitable for aesthetic enjoyment of scenery, to avoid any interference with navigation or damaging effects on property. The following standards shall not be exceeded in the waters of the state:
For the purposes of this subpart, "maintain background" means the concentration of the water quality substance, characteristic, or pollutant shall not deviate from the range of natural background concentrations or conditions such that there is a potential significant adverse impact to the designated uses.
Additional selective limits may be imposed for any specific waters of the state as needed.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 18 SR 2195; 32 SR 1699*
##### **Minn. R. 7050.0226** Specific Water Quality Standards for Class 6 Waters of the State; Other Uses {#sec-7050.0226 omnilex-key=us-mn-regs-official--agency-167--7050.0226}
**Subpart 1. General.**
The numeric and narrative water quality standards in this part prescribe the qualities or properties of the waters of the state that are necessary for other designated public uses and benefits. If the standards in this part are exceeded in waters of the state that have the class 6 designation, it is considered indicative of a polluted condition which is actually or potentially deleterious, harmful, detrimental, or injurious with respect to the designated uses.
**Subp. 2. Class 6 waters; other uses.**
The uses to be protected in class 6 waters may be under other jurisdictions and in other areas to which the waters of the state are tributary, and may include any or all of the uses listed in parts 7050.0221 to 7050.0225, plus any other possible beneficial uses. The agency therefore reserves the right to impose any standards necessary for the protection of this class, consistent with legal limitations.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 18 SR 2195; 32 SR 1699*
##### **Minn. R. 7050.0227** Specific Water Quality Standards for Class 7 Waters of the State; Limited Resource Value Waters {#sec-7050.0227 omnilex-key=us-mn-regs-official--agency-167--7050.0227}
**Subpart 1. General.**
The numeric and narrative water quality standards in this part prescribe the qualities or properties of the waters of the state that have limited resource value designated public uses and benefits. If the standards in this part are exceeded in waters of the state that have the class 7 designation, it is considered indicative of a polluted condition which is actually or potentially deleterious, harmful, detrimental, or injurious with respect to the designated uses.
**Subp. 2. Class 7 waters; limited resource value waters.**
The quality of class 7 waters of the state shall be such as to protect aesthetic qualities, secondary body contact use, and groundwater for use as a potable water supply. Standards for substances, characteristics, or pollutants given below shall not be exceeded in the waters:
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 18 SR 2195; 24 SR 1105; 32 SR 1699; 42 SR 441*
##### **Minn. R. 7050.0250** Antidegradation Purpose {#sec-7050.0250 omnilex-key=us-mn-regs-official--agency-167--7050.0250}
The purpose of the antidegradation provisions in parts 7050.0250 to 7050.0335 is to achieve and maintain the highest possible quality in surface waters of the state. To accomplish this purpose:
A. existing uses and the level of water quality necessary to protect existing uses shall be maintained and protected;
B. degradation of high water quality shall be minimized and allowed only to the extent necessary to accommodate important economic or social development;
C. water quality necessary to preserve the exceptional characteristics of outstanding resource value waters shall be maintained and protected; and
D. proposed activities with the potential for water quality impairments associated with thermal discharges shall be consistent with section 316 of the Clean Water Act, United States Code, title 33, section 1326.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0255** Definitions {#sec-7050.0255 omnilex-key=us-mn-regs-official--agency-167--7050.0255}
**Subpart 1. Applicability.**
For purposes of parts 7050.0250 to 7050.0335, the following terms have the meanings given in this part. Terms in parts 7050.0250 to 7050.0335 that are not specifically defined in applicable federal or state law shall be construed in conformance with the context, in relation to the applicable section of the statutes pertaining to the matter and professional usage as of November 21, 2016.
**Subp. 2. Agency.**
"Agency" has the meaning given under Minnesota Statutes, section 115.01, subdivision 2, unless otherwise specified.
**Subp. 3. Applicant.**
"Applicant" means a person requesting a control document.
**Subp. 4. Beneficial use.**
"Beneficial use" means a designated use described under part 7050.0140 and listed under parts 7050.0400 to 7050.0470 for each surface water or segment thereof, whether or not the use is being attained.
**Subp. 5. Calcareous fen.**
"Calcareous fen" means an area listed in part 7050.0335, subpart 1, item E, and described under part 8420.0935, subpart 2.
**Subp. 6. Class 2 surface water.**
"Class 2 surface water" means a surface water that is protected for aquatic life and recreation beneficial uses and to which water quality standards described in part 7050.0222 apply.
**Subp. 7. Class 7 surface water.**
"Class 7 surface water" means a surface water that is protected for limited resource value beneficial uses and to which water quality standards described in part 7050.0227 apply.
**Subp. 8. Clean Water Act.**
"Clean Water Act" means the federal Water Pollution Control Act, United States Code, title 33, sections 1251 et seq.
**Subp. 9. Compensatory mitigation.**
"Compensatory mitigation" means the restoration, establishment, or enhancement of surface waters to preserve an existing use when there is a physical alteration of a surface water after all prudent and feasible alternatives have been implemented to avoid and minimize degradation.
**Subp. 10. Control document.**
"Control document" means an authorization issued by the commissioner that specifies water pollution control conditions under which a regulated activity is allowed to operate. Control document includes Clean Water Act authorizations used to administer NPDES permits and section 401 certifications. For purposes of parts 7050.0250 to 7050.0335, total maximum daily loads are not control documents.
**Subp. 11. Degradation or degrade.**
"Degradation" or "degrade" means a measurable change to existing water quality made or induced by human activity resulting in diminished chemical, physical, biological, or radiological qualities of surface waters. For municipal sewage and industrial waste discharges, degradation is calculated at the edge of the mixing zone upon reasonable allowance for dilution of the discharge according to part 7053.0205, subparts 5 to 7.
**Subp. 12. Discharge.**
"Discharge" means the addition of pollutants to surface waters.
**Subp. 13. Effective date.**
"Effective date" means:
A. for the protection of high water quality:
B. for the protection of exceptional characteristics of outstanding resource value waters, except as provided in subitems (1) and (2), the date when the outstanding resource value water was designated in rule.
**Subp. 14. Exceptional characteristics of outstanding resource value waters.**
"Exceptional characteristics of outstanding resource value waters" means characteristics for which an outstanding resource value water is designated, including wilderness, scientific, educational, ecological, recreational, cultural, or aesthetic resource characteristics or other special qualities that warrant stringent protection from degradation.
**Subp. 15. Existing uses.**
"Existing uses" means those uses actually attained in the surface water on or after November 28, 1975.
**Subp. 16. Existing water quality.**
"Existing water quality" means the physical, chemical, biological, and radiological conditions of a surface water, taking into account natural variability, on the effective date. Existing water quality is expressed either as a concentration of a water quality parameter or by other means to describe the condition of a surface water.
**Subp. 17. Feasible alternative.**
"Feasible alternative" means a pollution control alternative that is consistent with sound engineering and environmental practices, affordable, and legal and that has supportive governance that can be successfully put into practice to accomplish the task.
**Subp. 18. Federally designated recreational river segment.**
"Federally designated recreational river segment" means a surface water or segment thereof designated as a recreational river under the federal Wild and Scenic Rivers Act, United States Code, title 16, sections 1271 to 1287.
**Subp. 19. Federally designated scenic river segment.**
"Federally designated scenic river segment" means a surface water or segment thereof designated as a scenic river under the federal Wild and Scenic Rivers Act, United States Code, title 16, sections 1271 to 1287.
**Subp. 20. Federally designated wild river segment.**
"Federally designated wild river segment" means a surface water or segment thereof designated as a wild river under the federal Wild and Scenic Rivers Act, United States Code, title 16, sections 1271 to 1287.
**Subp. 21. High water quality or of high quality.**
"High water quality" or "of high quality" means water quality that exceeds, on a parameter-by-parameter basis, levels necessary to support the protection and propagation of aquatic life and recreation in and on the water as described in part 7050.0140, subpart 3.
**Subp. 22. Loading.**
"Loading" means the quantity of pollutants, expressed as mass, resulting from a discharge or proposed discharge to a surface water.
**Subp. 23. Loading offset.**
"Loading offset" means reductions in loading from regulated or unregulated activities, which reductions create additional capacity for proposed net increases in loading. A loading offset must:
A. occur concurrently with or prior to the proposed net increase in loading;
B. be secured with binding legal instruments between any involved persons for the life of the project that is being offset; and
C. occur either adjacent to or upstream of the proposed activity.
**Subp. 24. Measurable change.**
"Measurable change" means the practical ability to detect a variation in water quality, taking into account limitations in analytical technique and sampling variability.
**Subp. 25. National pollutant discharge elimination system permit or NPDES permit.**
"National pollutant discharge elimination system permit" or "NPDES permit" means an authorization issued by the agency under sections 307, 318, 402, and 405 of the Clean Water Act, United States Code, title 33, sections 1317, 1328, 1342, and 1345. A general NPDES permit means an NPDES permit issued pursuant to Code of Federal Regulations, title 40, section 122.28.
**Subp. 26. Net increase in loading or other causes of degradation.**
"Net increase in loading or other causes of degradation" means:
A. when applied to a proposed activity that is not regulated by an existing control document, any loading or other causes of degradation resulting from the proposed activity; or
B. when applied to a proposed activity that is regulated by an existing control document, an increase in loading or other causes of degradation exceeding the maximum loading or other causes of degradation authorized through water pollution control conditions specified in the existing control document as of the effective date. Application of new effluent limitations based on improved monitoring data or new water quality standards that are not a result of changes in loading or other causes of degradation within the existing capacity and processes authorized by an applicable control document is not considered a net increase in loading or other causes of degradation.
**Subp. 27. Outstanding resource value waters.**
"Outstanding resource value waters" mean waters of the state designated under part 7050.0335 for their exceptional characteristics.
**Subp. 28. Parameter.**
"Parameter" means a chemical, physical, biological, or radiological characteristic used to describe water quality conditions.
**Subp. 29. Person.**
"Person" has the meaning given under Minnesota Statutes, section 115.01, subdivision 10.
**Subp. 30. Physical alteration.**
"Physical alteration" means a physical change that degrades surface waters, such as the dredging, filling, draining, or permanent inundation of a surface water.
**Subp. 31. Pollutant.**
"Pollutant" has the meaning given under Minnesota Statutes, section 115.01, subdivision 12.
**Subp. 32. Prohibited outstanding resource value waters.**
"Prohibited outstanding resource value waters" mean surface waters identified in part 7050.0335, subparts 3 and 4.
**Subp. 33. Proposed activity.**
"Proposed activity" means a regulated activity for which control document authorization is being requested.
**Subp. 34. Prudent alternative.**
"Prudent alternative" means a pollution control alternative selected with care and sound judgment.
**Subp. 35. Regulated activity.**
"Regulated activity" means an activity that requires a control document.
**Subp. 36. Restricted outstanding resource value waters.**
"Restricted outstanding resource value waters" mean surface waters identified in part 7050.0335, subparts 1 and 2.
**Subp. 37. Scientific and natural areas.**
"Scientific and natural areas" mean areas listed in part 7050.0335, subpart 3, item D, and described under Minnesota Statutes, section 86A.05, subdivision 5, paragraph (b).
**Subp. 38. Section 303(d) of the Clean Water Act.**
"Section 303(d) of the Clean Water Act" means, pursuant to United States Code, title 33, section 1313(d), a requirement for states, territories, and authorized tribes to develop lists of waters that do not meet applicable water quality standards, establish priority rankings, and develop total maximum daily loads for these waters.
**Subp. 39. Section 401 certification.**
"Section 401 certification" means an authorization issued by the commissioner under section 401 of the Clean Water Act, United States Code, title 33, section 1341.
**Subp. 40. Section 404 permit.**
"Section 404 permit" means an authorization issued under section 404 of the Clean Water Act, United States Code, title 33, section 1344. A general section 404 permit means a section 404 permit issued pursuant to section 404 of the Clean Water Act, United States Code, title 33, section 1344, paragraph (e).
**Subp. 41. State designated recreational river segment.**
"State designated recreational river segment" means a surface water or segment thereof designated as a recreational river under the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes, sections 103F.301 to 103F.345, and described under Minnesota Statutes, section 103F.311, subdivision 4.
**Subp. 42. State designated scenic river segment.**
"State designated scenic river segment" means a surface water or segment thereof designated as a scenic river under the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes, sections 103F.301 to 103F.345, and described under Minnesota Statutes, section 103F.311, subdivision 7.
**Subp. 43. State designated wild river segment.**
"State designated wild river segment" means a surface water or segment thereof designated as a wild river under the Minnesota Wild and Scenic Rivers Act, Minnesota Statutes, sections 103F.301 to 103F.345, and described under Minnesota Statutes, section 103F.311, subdivision 9.
**Subp. 44. Total maximum daily load or TMDL.**
"Total maximum daily load" or "TMDL" has the meaning given under Minnesota Statutes, section 114D.15, subdivision 10.
**Subp. 45. Unregulated activity.**
"Unregulated activity" means an activity that does not require a control document.
**Subp. 46. Water pollution control conditions.**
"Water pollution control conditions" means effluent limitations as defined in part 7001.1020, subpart 13, or other conditions specified in a control document that limit water pollution as defined in Minnesota Statutes, section 115.01, subdivision 13.
**Subp. 47. Water quality standard.**
"Water quality standard" means a parameter concentration, level, or narrative statement representing a quality of water that supports a beneficial use. When water quality standards are met, water quality will generally protect the beneficial use.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0260** Determining Existing Water Quality {#sec-7050.0260 omnilex-key=us-mn-regs-official--agency-167--7050.0260}
**Subpart 1. Methods.**
Existing water quality shall be determined using methods described in items A to D. The methods are listed in descending order of priority. Lower priority methods shall be used only if higher priority methods are not reasonably available. More than one method shall be used when a single method does not adequately describe existing water quality.
A. Using commissioner-approved monitoring data that exist at the time the determination of existing water quality is undertaken.
B. Monitoring surface waters, provided that samples are collected in a manner and place and of such type, number, and frequency as may be considered necessary by the commissioner to adequately reflect the condition of the surface waters. Samples must be collected, preserved, and analyzed following accepted quality control and quality assurance methods and according to the procedures in part 7050.0150, subpart 8.
C. Identifying reference surface waters that have similar physical, chemical, and biological characteristics and similar impacts from regulated and unregulated activities.
D. Use of a water quality model to characterize existing conditions in the surface water, provided that the model uses data from the same watershed as the surface water under review for existing conditions.
**Subp. 2. Consideration of existing regulated activities.**
For surface waters impacted by activities that are regulated by existing control documents, existing water quality includes surface water conditions that are anticipated at loadings or other causes of degradation authorized in the applicable control document.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0265** Antidegradation Standards When Changes in Existing Water Quality Are Reasonably Quantifiable {#sec-7050.0265 omnilex-key=us-mn-regs-official--agency-167--7050.0265}
**Subpart 1. Scope.**
This part applies to activities regulated by the following control documents:
A. new, reissued, or modified individual NPDES wastewater permits;
B. new, reissued, or modified individual NPDES stormwater permits for industrial activities, as defined under part 7090.0080, subpart 6;
C. new, reissued, or modified individual NPDES stormwater permits for construction activities, as defined under part 7090.0080, subpart 4;
D. section 401 certifications for new, reissued, or modified individual federal licenses and permits; and
E. other control documents that authorize net increases in loading or other causes of degradation and where changes in existing water quality of individual surface waters can reasonably be quantified through antidegradation procedures.
**Subp. 2. Protecting existing uses.**
The commissioner shall approve a proposed activity only when existing uses and the level of water quality necessary to protect existing uses are maintained and protected.
**Subp. 3. Compensatory mitigation.**
A. The commissioner shall allow compensatory mitigation as a means to preserve an existing use when there is a physical alteration to a surface water only when all of the following conditions are met:
B. For the purposes of subpart 2 and part 7050.0250, item A, existing uses are maintained and protected when regulated activities involving the physical alterations of surface waters are in compliance with item A.
C. When the physically altered surface water is of high quality, the commissioner shall ensure the requirements specified in subpart 5 are satisfied.
**Subp. 4. Protecting beneficial uses.**
The commissioner shall not approve a proposed activity that would permanently preclude attainment of water quality standards.
**Subp. 5. Protecting surface waters of high quality.**
Items A to D apply to surface waters the commissioner determines to be of high quality.
A. The commissioner shall not approve a proposed activity when the commissioner makes a finding that prudent and feasible prevention, treatment, or loading offset alternatives exist that would avoid degradation of existing high water quality. When the commissioner finds that prudent and feasible prevention, treatment, or loading offset alternatives are not available to avoid degradation, a proposed activity shall be approved only when the commissioner makes a finding that degradation will be prudently and feasibly minimized.
B. The commissioner shall approve a proposed activity only when the commissioner makes a finding that lower water quality resulting from the proposed activity is necessary to accommodate important economic or social changes in the geographic area in which degradation of existing high water quality is anticipated. The commissioner shall consider the following factors in determining the importance of economic or social changes:
C. A proposed activity that would result in degradation of existing high water quality shall be approved only if the commissioner determines that issuance of the control document will achieve compliance with all applicable state and federal surface water pollution control statutes and rules administered by the commissioner.
D. The commissioner shall provide an opportunity for intergovernmental coordination and public participation before allowing degradation of existing high water quality.
**Subp. 6. Protecting restricted outstanding resource value waters.**
The commissioner shall restrict a proposed activity in order to preserve the existing water quality as necessary to maintain and protect the exceptional characteristics for which the restricted outstanding resource value waters identified under part 7050.0335, subparts 1 and 2, were designated.
**Subp. 7. Protecting prohibited outstanding resource value waters.**
The commissioner shall prohibit a proposed activity that results in a net increase in loading or other causes of degradation to prohibited outstanding resource value waters identified under part 7050.0335, subparts 3 and 4.
**Subp. 8. Protecting against impairments associated with thermal discharges.**
When there is potential for water quality impairment associated with thermal discharges, the commissioner's allowance for existing water quality degradation shall be consistent with section 316 of the Clean Water Act, United States Code, title 33, section 1326. When a variance is granted under section 316(a) of the Clean Water Act, United States Code, title 33, section 1326, antidegradation standards under this part still apply.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0270** Antidegradation Standards When Changes in Existing Water Quality Are Not Reasonably Quantifiable {#sec-7050.0270 omnilex-key=us-mn-regs-official--agency-167--7050.0270}
**Subpart 1. Scope.**
This part applies to activities regulated by the following control documents:
A. new, reissued, or modified individual NPDES stormwater permits for municipal separate storm sewer systems, as defined under part 7090.0080, subpart 8;
B. new, reissued, or modified general NPDES permits;
C. section 401 certifications for new, reissued, or modified general federal licenses and permits; and
D. other control documents that authorize net increases in loading or other causes of degradation and where changes in existing water quality of individual surface waters cannot reasonably be quantified through antidegradation procedures.
**Subp. 2. Protecting existing uses.**
The commissioner shall issue control documents that will maintain and protect existing uses.
**Subp. 3. Protecting beneficial uses.**
The commissioner shall not issue a control document that would permanently preclude attainment of water quality standards.
**Subp. 4. Protecting surface waters of high quality.**
A. For the purpose of this part and on a parameter-by-parameter basis, class 2 surface waters not identified as impaired pursuant to section 303(d) of the Clean Water Act are considered of high quality. Items B to E apply to class 2 surface waters that are of high quality.
B. The commissioner shall not issue a control document when the commissioner makes a finding that prudent and feasible prevention, treatment, or loading offset alternatives exist that would avoid net increases in loading or other causes of degradation. When the commissioner finds that prudent and feasible alternatives are not available to avoid net increases in loading or other causes of degradation, a control document shall only be issued when the commissioner makes a finding that the issuance of the control document will prudently and feasibly minimize net increases in loading or other causes of degradation.
C. The commissioner shall issue a control document that authorizes a net increase in loading or other causes of degradation only when the commissioner makes a finding that issuance of the control document is necessary to accommodate important economic or social change.
D. The commissioner shall issue a control document that would result in a net increase in loading or other causes of degradation to waters of high quality only if the commissioner determines that issuance of the control document will achieve compliance with all applicable state and federal surface water pollution control statutes and rules administered by the commissioner.
E. The commissioner shall provide an opportunity for intergovernmental coordination and public participation before issuing a control document that would result in net increases in loading or other causes of degradation.
**Subp. 5. Protecting restricted outstanding resource value waters.**
The commissioner shall issue control documents that restrict net increases in loading or other causes of degradation as necessary to maintain the exceptional characteristics for which the restricted outstanding resource value waters identified under part 7050.0335, subparts 1 and 2, were designated.
**Subp. 6. Protecting prohibited outstanding resource value waters.**
The commissioner shall issue control documents that prohibit a net increase in loading or other causes of degradation to prohibited outstanding resource value waters identified under part 7050.0335, subparts 3 and 4.
**Subp. 7. Protecting against impairments associated with thermal discharges.**
When there is potential for water quality impairment associated with thermal discharges, a control document that allows a net increase in loading or other causes of degradation must be consistent with section 316 of the Clean Water Act, United States Code, title 33, section 1326. When a variance is granted under section 316(a) of the Clean Water Act, United States Code, title 33, section 1326, antidegradation standards under this part still apply.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0275** Exemptions from Procedures {#sec-7050.0275 omnilex-key=us-mn-regs-official--agency-167--7050.0275}
**Subpart 1. Class 7 surface waters.**
The procedures specified in parts 7050.0280 and 7050.0285 do not apply to proposed activities resulting in a net increase in loading or other causes of degradation to a class 7 surface water except when, in the commissioner's judgment, there is reasonable risk that the proposed activity would result in:
A. the loss of existing uses and the level of water quality necessary to protect existing uses in the class 7 surface water and downstream surface waters;
B. permanently precluding attainment of water quality standards;
C. degradation of downstream existing high water quality; or
D. degradation of downstream existing water quality essential to preserve the exceptional characteristics of outstanding resource value waters.
**Subp. 2. Temporary and limited degradation.**
The procedures specified in parts 7050.0280 and 7050.0285 do not apply to proposed activities that result in temporary and limited degradation of high water quality when the requirements of items A to D are met.
A. The applicant must provide a request for an exemption, on forms developed by the commissioner, before submitting a control document application. The request must include:
B. The commissioner shall consider subitems (1) to (3) before deciding to approve or deny the requested exemption from antidegradation procedures for the proposed temporary and limited degradation:
C. The commissioner shall approve a proposed temporary and limited degradation of high water quality only when:
D. If the temporary and limited degradation exemption is approved, the control document conditions must include an enforceable plan to ensure that water quality is returned to pre-activity conditions within 12 months from when water quality is initially impacted by the activity.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0280** Procedures for Individual Npdes Wastewater Permits and Individual Npdes Stormwater Permits for Industrial and Construction Activities {#sec-7050.0280 omnilex-key=us-mn-regs-official--agency-167--7050.0280}
**Subpart 1. Antidegradation procedures required.**
Except as provided in part 7050.0275, the antidegradation procedures in this part apply to new, reissued, or modified individual NPDES wastewater, industrial stormwater, and construction stormwater permits that the commissioner anticipates will result in net increases in loading or other causes of degradation to surface waters.
**Subp. 2. Applicant's antidegradation assessment.**
The applicant must include the following information with the written permit application specified in part 7001.0050:
A. an analysis of alternatives that avoid net increases in loading or other causes of degradation through prudent and feasible prevention, treatment, or loading offsets;
B. when the commissioner determines there are no prudent and feasible alternatives to avoid net increases in loading or other causes of degradation, an assessment of:
C. when the commissioner determines there are no prudent and feasible alternatives to avoid net increases in loading or other causes of degradation to existing high water quality:
**Subp. 3. Antidegradation review.**
The commissioner shall conduct an antidegradation review based on the information provided under subpart 2 and other reliable information available to the commissioner concerning the proposed activity and other activities that cause cumulative changes in existing water quality in the surface waters. The purpose of the antidegradation review is to evaluate whether the proposed activity will satisfy the antidegradation standards in part 7050.0265. If, in the commissioner's judgment, the antidegradation standards described in part 7050.0265 will not be satisfied, the commissioner shall provide written notification to the applicant of the deficiencies and provide recommendations necessary to satisfy the antidegradation standards in part 7050.0265.
**Subp. 4. Preliminary antidegradation determination.**
Based upon the review described in subpart 3, the commissioner shall prepare a written preliminary antidegradation determination as to whether the antidegradation standards described in part 7050.0265 are satisfied. The preliminary antidegradation determination must be included with the commissioner's preliminary determination to issue or deny the permit according to part 7001.0100. If, in the commissioner's judgment, the antidegradation standards are not satisfied, reasons why they are not satisfied must be included in the preliminary antidegradation determination.
**Subp. 5. Opportunity for comment.**
The commissioner shall:
A. include the preliminary antidegradation determination with the public notice to issue or deny the permit according to part 7001.0100, subpart 4;
B. distribute the public notice according to part 7001.0100, subpart 5; and
C. provide opportunity for comment on the preliminary antidegradation determination according to part 7001.0110.
**Subp. 6. Final antidegradation determination.**
The commissioner shall consider comments received under subpart 5 before preparing a written final antidegradation determination. The final antidegradation determination must include a statement of whether the proposed activity achieves or fails to achieve the antidegradation standards specified in part 7050.0265. The final antidegradation determination must be included with the commissioner's final determination to authorize or not authorize the proposed activity according to part 7001.0140.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0285** Procedures for Section 401 Certifications of Individual Federal Licenses and Permits {#sec-7050.0285 omnilex-key=us-mn-regs-official--agency-167--7050.0285}
**Subpart 1. Antidegradation procedures required.**
Except as provided in part 7050.0275, the antidegradation procedures in this part apply to section 401 certifications of new, reissued, or modified individual federal licenses and permits that the commissioner anticipates will result in net increases in loading or other causes of degradation to surface waters.
**Subp. 2. Applicant's antidegradation assessment.**
The applicant must provide information specified in part 7050.0280, subpart 2, to the commissioner, unless the applicant is notified that the commissioner is waiving the agency's authority to certify the federal license or permit under part 7001.1460. In addition, the applicant may propose compensatory mitigation to the extent allowed by the Clean Water Act to preserve existing uses and the level of water quality necessary to protect the existing uses when there is a physical alteration. In such cases, the applicant must provide a proposed compensatory mitigation plan that includes:
A. a description of existing uses and the level of water quality necessary to protect existing uses of the surface waters that will be physically altered;
B. a description of existing uses and the level of water quality necessary to protect existing uses of the surface waters in which mitigation will occur;
C. a description of how compensatory mitigation will establish sufficient quality and quantity of uses to preserve existing uses and the level of water quality necessary to protect existing uses;
D. a proposal for monitoring and reporting the changes in existing uses and the level of water quality necessary to protect existing uses of the surface waters in which mitigation will occur; and
E. a description of how the compensatory mitigation will be maintained.
**Subp. 3. Antidegradation review.**
The commissioner shall conduct an antidegradation review based on the information provided under subpart 2 and other reliable information available to the commissioner concerning the proposed activity and other activities that cause cumulative changes in existing water quality in the surface waters. The purpose of the antidegradation review is to evaluate whether issuing the section 401 certification for the proposed activity will satisfy the antidegradation standards in part 7050.0265.
**Subp. 4. Preliminary antidegradation determination.**
Based upon the review described in subpart 3, the commissioner shall prepare a written preliminary antidegradation determination as to whether the antidegradation standards described in part 7050.0265 are satisfied or can be satisfied by issuing a section 401 certification with conditions. The preliminary antidegradation determination must be included with the commissioner's preliminary determination to issue or deny the section 401 certification according to part 7001.0100 and, if applicable, include the conditions necessary to satisfy antidegradation standards. If, in the commissioner's judgment, the antidegradation standards are not satisfied, reasons why they are not satisfied must be included in the preliminary antidegradation determination.
**Subp. 5. Opportunity for comment.**
The commissioner shall prepare and distribute a public notice of the preliminary antidegradation determination with the preliminary determination to issue or deny the section 401 certification through the procedures described in part 7001.1440, except that part 7001.1440, subpart 2, does not apply.
**Subp. 6. Final antidegradation determination.**
The commissioner shall consider comments received under subpart 5 before preparing a written final antidegradation determination. The final antidegradation determination must include a statement of whether the proposed activity achieves or fails to achieve the antidegradation standards specified in part 7050.0265. The final antidegradation determination must be included with the commissioner's final determination according to part 7001.1450.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0290** Procedures for Individual Npdes Permits for Municipal Separate Storm Sewer Systems {#sec-7050.0290 omnilex-key=us-mn-regs-official--agency-167--7050.0290}
**Subpart 1. Antidegradation procedures required.**
The antidegradation procedures in this part apply to new, reissued, or modified individual NPDES permits for municipal separate storm sewer systems, as defined under part 7090.0080, subpart 8, that the commissioner anticipates will result in net increases in loading or other causes of degradation to surface waters.
**Subp. 2. Applicant's antidegradation assessment.**
The applicant must include the following information with the written permit application specified in part 7001.0050:
A. a list of class 2 surface waters identified as impaired pursuant to section 303(d) of the Clean Water Act within the applicant's jurisdiction;
B. a list of surface waters listed in part 7050.0335 within the applicant's jurisdiction;
C. an analysis of prudent and feasible prevention, treatment, or loading offset alternatives that avoid or minimize net increases in loading or other causes of degradation to high water quality;
D. identification of prudent and feasible prevention, treatment, or loading offset alternatives that result in the least net increase in loading or other causes of degradation to high water quality; and
E. an evaluation of whether net increases in loading or other causes of degradation to high water quality accommodates important economic or social change in the geographic area in which high water quality degradation is reasonably anticipated.
**Subp. 3. Antidegradation review.**
The commissioner shall conduct an antidegradation review based on the information provided under subpart 2 and other reliable information available to the commissioner concerning the proposed activity and other activities that cause cumulative changes in existing water quality in the surface waters. The purpose of the antidegradation review is to evaluate whether the proposed activity will satisfy the antidegradation standards in part 7050.0270. If, in the commissioner's judgment, the antidegradation standards described in part 7050.0270 will not be satisfied, the commissioner shall provide written notification to the applicant of the deficiencies and provide recommendations necessary to satisfy the antidegradation standards in part 7050.0270.
**Subp. 4. Preliminary antidegradation determination.**
Based upon the review described in subpart 3, the commissioner shall prepare a written preliminary antidegradation determination as to whether the antidegradation standards described in part 7050.0270 are satisfied. The preliminary antidegradation determination must be included with the commissioner's preliminary determination to issue or deny the permit according to part 7001.0100. If, in the commissioner's judgment, the antidegradation standards are not satisfied, reasons why they are not satisfied must be included in the preliminary antidegradation determination.
**Subp. 5. Opportunity for comment.**
The commissioner shall:
A. include the preliminary antidegradation determination with the public notice to issue or deny the permit according to part 7001.0100, subpart 4;
B. distribute the public notice according to part 7001.0100, subpart 5; and
C. provide opportunity for comment on the preliminary antidegradation determination according to part 7001.0110.
**Subp. 6. Final antidegradation determination.**
The commissioner shall consider comments received under subpart 5 before preparing a written final antidegradation determination. The final antidegradation determination must include a statement of whether the proposed activity achieves or fails to achieve the antidegradation standards specified in part 7050.0270. The final antidegradation determination must be included with the commissioner's final determination to authorize or not authorize the proposed activity according to part 7001.0140.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0295** Procedures for General Npdes Permits {#sec-7050.0295 omnilex-key=us-mn-regs-official--agency-167--7050.0295}
**Subpart 1. Antidegradation procedures required.**
The antidegradation procedures in this part apply to new, reissued, or modified general NPDES permits that the commissioner anticipates will result in net increases in loading or other causes of degradation to surface waters.
**Subp. 2. Antidegradation review.**
The commissioner shall conduct an antidegradation review during the development of general NPDES permits. The purpose of the antidegradation review is to develop permit conditions that will ensure that the antidegradation standards in part 7050.0270 are satisfied.
**Subp. 3. Preliminary antidegradation determination.**
Based upon the review described in subpart 2, the commissioner shall prepare a written preliminary antidegradation determination as to whether the permit conditions will satisfy the antidegradation standards described in part 7050.0270. The preliminary antidegradation determination must be included with the commissioner's fact sheet according to part 7001.0100, subpart 3.
**Subp. 4. Opportunity for comment.**
The commissioner shall:
A. include the preliminary antidegradation determination with the public notice of intent to issue a general permit according to part 7001.0210, subpart 4;
B. distribute the public notice according to part 7001.0100, subpart 5; and
C. provide opportunity for comment on the preliminary antidegradation determination according to part 7001.0110.
**Subp. 5. Final antidegradation determination.**
The commissioner shall consider comments received under subpart 4 before preparing a written final antidegradation determination. The final antidegradation determination must include a statement that issuing the general NPDES permit achieves or fails to achieve the antidegradation standards specified in part 7050.0270. The final antidegradation determination must be included with the commissioner's final determination according to part 7001.0140.
**Subp. 6. Further antidegradation procedures not required.**
Except as provided in part 7050.0325, if the commissioner's final antidegradation determination states that issuing a general NPDES permit will achieve the antidegradation standards specified in part 7050.0270, further antidegradation procedures are not required when a person seeking coverage under the general NPDES permit certifies that the permit conditions can and will be met.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0300** [Repealed, 9 SR 913] {#sec-7050.0300 omnilex-key=us-mn-regs-official--agency-167--7050.0300}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0305** Procedures for Section 401 Certifications of General Section 404 Permits {#sec-7050.0305 omnilex-key=us-mn-regs-official--agency-167--7050.0305}
**Subpart 1. Antidegradation procedures required.**
The antidegradation procedures in this part apply to section 401 certifications of new, reissued, or modified general section 404 permits that the commissioner anticipates will result in net increases in loading or other causes of degradation to surface waters, unless the federal permitting authority is notified that the commissioner is waiving the agency's authority to certify the permit under part 7001.1460.
**Subp. 2. Antidegradation review.**
Upon public notice of a draft general section 404 permit, the commissioner shall review the determinations specified in Code of Federal Regulations, title 33, part 320, subpart 4, and Code of Federal Regulations, title 40, part 230, subpart 7. The purpose of the antidegradation review is to evaluate whether issuing the section 401 certification for the general section 404 permit will satisfy the antidegradation standards in part 7050.0270.
**Subp. 3. Preliminary antidegradation determination.**
Based upon the review described in subpart 2, the commissioner shall prepare a written preliminary antidegradation determination as to whether the antidegradation standards described in part 7050.0270 are satisfied or can be satisfied by issuing a section 401 certification with conditions. The preliminary antidegradation determination must be included with the commissioner's preliminary determination to issue or deny the section 401 certification according to part 7001.0100 and, if applicable, include the conditions necessary to satisfy antidegradation standards. If, in the commissioner's judgment, the antidegradation standards are not satisfied, reasons why they are not satisfied must be included in the preliminary antidegradation determination.
**Subp. 4. Opportunity for comment.**
The commissioner shall prepare and distribute a public notice of the preliminary antidegradation determination with the preliminary determination to issue or deny the section 401 certification through the procedures described in part 7001.1440, except that part 7001.1440, subpart 2, does not apply.
**Subp. 5. Final antidegradation determination.**
The commissioner shall consider information received under subpart 4 before preparing a written final antidegradation determination. The final antidegradation determination must include a statement of whether issuing the general section 404 permit achieves or fails to achieve the antidegradation standards specified in part 7050.0270. The final antidegradation determination must be included with the commissioner's final determination according to part 7001.1450.
**Subp. 6. Further antidegradation procedures not required.**
Except as provided in part 7050.0325, if the commissioner's final antidegradation determination states that issuing a general section 404 permit will achieve the antidegradation standards specified in part 7050.0270, further antidegradation procedures are not required when a person seeking coverage under the general section 404 permit certifies that the permit conditions can and will be met.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0310** [Repealed, 9 SR 913] {#sec-7050.0310 omnilex-key=us-mn-regs-official--agency-167--7050.0310}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0315** Procedures for Section 401 Certifications of General Federal Licenses and Permits Other Than Section 404 Permits {#sec-7050.0315 omnilex-key=us-mn-regs-official--agency-167--7050.0315}
**Subpart 1. Antidegradation procedures required.**
The antidegradation procedures in this part apply to section 401 certifications of new, reissued, or modified general federal licenses and permits that are not section 404 permits that the commissioner anticipates will result in net increases in loading or other causes of degradation to surface waters, unless the federal licensing or permitting authority is notified that the commissioner is waiving the agency's authority to certify the license or permit under part 7001.1460.
**Subp. 2. Antidegradation review.**
Upon public notice of a draft general federal license or permit, the commissioner shall review the draft general federal license or permit to evaluate whether issuing the section 401 certification for the general federal license or permit will satisfy the antidegradation standards in part 7050.0270.
**Subp. 3. Preliminary antidegradation determination.**
Based upon the review described in subpart 2, the commissioner shall prepare a written preliminary antidegradation determination as to whether the antidegradation standards described in part 7050.0270 are satisfied or can be satisfied by issuing a section 401 certification with conditions. The preliminary antidegradation determination must be included with the commissioner's preliminary determination to issue or deny the section 401 certification according to part 7001.0100 and, if applicable, include the conditions necessary to satisfy antidegradation standards. If, in the commissioner's judgment, the antidegradation standards are not satisfied, reasons why they are not satisfied must be included in the preliminary antidegradation determination.
**Subp. 4. Opportunity for comment.**
The commissioner shall prepare and distribute a public notice of the preliminary antidegradation determination with the preliminary determination to issue or deny the section 401 certification through the procedures described in part 7001.1440, except that part 7001.1440, subpart 2, does not apply.
**Subp. 5. Final antidegradation determination.**
The commissioner shall consider information received under subpart 4 before preparing a written final antidegradation determination. The final antidegradation determination must include a statement of whether issuing the general federal license or permit achieves or fails to achieve the antidegradation standards specified in part 7050.0270. The final antidegradation determination must be included with the commissioner's final determination according to part 7001.1450.
**Subp. 6. Further antidegradation procedures not required.**
Except as provided in part 7050.0325, if the commissioner's final antidegradation determination states that issuing a general federal license or permit will achieve the antidegradation standards specified in part 7050.0270, further antidegradation procedures are not required when a person seeking coverage under the general federal license or permit certifies that the license or permit conditions can and will be met.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0320** [Repealed, 9 SR 913] {#sec-7050.0320 omnilex-key=us-mn-regs-official--agency-167--7050.0320}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0325** Procedures for Multiple Control Documents {#sec-7050.0325 omnilex-key=us-mn-regs-official--agency-167--7050.0325}
Items A and B apply to proposed activities requiring more than one control document:
A. when the proposed activity requires compliance with standards in both parts 7050.0265 and 7050.0270, the commissioner shall require procedures for which standards in part 7050.0265 apply; and
B. when the proposed activity requires compliance with standards in part 7050.0265 and is subject to more than one procedure, only the procedure that is most protective of existing water quality, as specified by the commissioner, is required.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0330** [Repealed, 9 SR 913] {#sec-7050.0330 omnilex-key=us-mn-regs-official--agency-167--7050.0330}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0335** Designated Outstanding Resource Value Waters {#sec-7050.0335 omnilex-key=us-mn-regs-official--agency-167--7050.0335}
**Subpart 1. Restricted outstanding resource value waters.**
For the purposes of parts 7050.0250 to 7050.0335, the following surface waters are restricted outstanding resource value waters:
A. Lake Superior, except those portions identified in subpart 3, item B, as a prohibited outstanding resource value waters;
B. those portions of the Mississippi River from Lake Itasca to the southerly boundary of Morrison County that are included in the Mississippi Headwaters Board comprehensive plan dated February 12, 1981;
C. lake trout lakes, both existing and potential, as determined by the commissioner in conjunction with the Department of Natural Resources, outside the boundaries of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park and identified in parts 7050.0460 to 7050.0470;
D. the following state and federal designated scenic or recreational river segments:
E. the following surface waters associated with calcareous fens. The number following the name of the fen is the occurrence number assigned by the Department of Natural Resources that uniquely identifies the record of information for the particular fen:
**Subp. 2. Unlisted restricted outstanding resource value waters.**
Until such time that surface waters identified as state or federally designated scenic or recreational river segments and state designated calcareous fens are designated in rule as restricted outstanding resource value waters, the commissioner shall restrict any proposed activity in order to preserve the existing water quality necessary to maintain and protect their exceptional characteristics.
**Subp. 3. Prohibited outstanding resource value waters.**
For the purposes of parts 7050.0250 to 7050.0335, the following surface waters are prohibited outstanding resource value waters:
A. waters within the Boundary Waters Canoe Area Wilderness;
B. those portions of Lake Superior north of latitude 47 degrees, 57 minutes, 13 seconds, east of Hat Point, south of the Minnesota-Ontario boundary, and west of the Minnesota-Michigan boundary;
C. waters within Voyageurs National Park;
D. the following scientific and natural areas:
E. the following state and federal designated wild river segments:
**Subp. 4. Unlisted prohibited outstanding resource value waters.**
Until such time that surface waters identified as state or federally designated wild river segments and surface waters necessary to maintain state designated scientific and natural areas are designated in rule as prohibited outstanding resource value waters, the commissioner shall prohibit any proposed activity that results in a net increase in loading or other causes of degradation.
**Subp. 5. Public hearing.**
The commissioner shall provide an opportunity for a hearing before:
A. identifying and establishing additional outstanding resource value waters; or
B. changing the effective date of an outstanding resource value water according to part 7050.0255, subpart 13, item B, subitems (1) and (2).
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 41 SR 545*
##### **Minn. R. 7050.0340** [Repealed, 9 SR 913] {#sec-7050.0340 omnilex-key=us-mn-regs-official--agency-167--7050.0340}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0350** [Repealed, 9 SR 913] {#sec-7050.0350 omnilex-key=us-mn-regs-official--agency-167--7050.0350}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0360** [Repealed, 9 SR 913] {#sec-7050.0360 omnilex-key=us-mn-regs-official--agency-167--7050.0360}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0370** [Repealed, 9 SR 913] {#sec-7050.0370 omnilex-key=us-mn-regs-official--agency-167--7050.0370}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0380** [Repealed, 9 SR 913] {#sec-7050.0380 omnilex-key=us-mn-regs-official--agency-167--7050.0380}
[Repealed, 9 SR 913]
##### **Minn. R. 7050.0400** Beneficial Use Classifications for Surface Waters; Scope {#sec-7050.0400 omnilex-key=us-mn-regs-official--agency-167--7050.0400}
Parts 7050.0405 to 7050.0470 classify all surface waters within or bordering Minnesota and designate appropriate beneficial uses for these waters. The use classifications are defined in part 7050.0140.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 914; 12 SR 1810; 32 SR 1699*
##### **Minn. R. 7050.0405** Petition by Outside Party to Consider Attainability of Use {#sec-7050.0405 omnilex-key=us-mn-regs-official--agency-167--7050.0405}
**Subpart 1. Petition.**
Any person may present evidence to the agency that a beneficial use assigned to a water body in this chapter does not exist or is not attainable and petition the agency to consider a reclassification of that water body under Minnesota Statutes, section 14.09. Outside parties must submit written evidence in support of the petition to the commissioner that includes:
A. the name and address of the petitioner;
B. the name, location, and description of the water body;
C. the specific designated use or uses that do not exist or are unattainable in the water body and the reasons they do not exist or are unattainable;
D. the reasons the current use classification is causing harm, unnecessary expense, or other hardship to the petitioner; and
E. any additional supporting evidence including, but not limited to, water quality, hydrological, and other relevant data; pictures; testimony of local residents; survey results; and resolutions or actions by local organizations or governmental entities.
**Subp. 2. Disposition of petition.**
Upon receiving a petition, the commissioner has 60 days to reply in writing and indicate a plan for disposition of the petition. The commissioner may request additional information from the petitioner if the request is considered incomplete, in which case the commissioner has 60 days to reply after the additional information is received and the petition is complete. If the commissioner finds that the evidence submitted supports a review of the designated uses, a use attainability analysis must be commenced within six months of the commissioner's reply to the complete petition. The petition becomes part of the use attainability analysis. If the commissioner finds that the use attainability analysis supports a change in use classification, the commissioner shall propose the change through rulemaking.
**History**
- *Statutory Authority: MS s 115.03; 115.44; L 2005 1Sp1 art 2 s 151*
- *History: 31 SR 1168*
##### **Minn. R. 7050.0410** [Repealed, 46 SR 5] {#sec-7050.0410 omnilex-key=us-mn-regs-official--agency-167--7050.0410}
[Repealed, 46 SR 5]
##### **Minn. R. 7050.0415** Designated Beneficial Uses of Waters and Wetlands {#sec-7050.0415 omnilex-key=us-mn-regs-official--agency-167--7050.0415}
**Subpart 1. Multiple classifications.**
All surface waters of the state are classified in more than one beneficial use class and all the water quality standards for each of the beneficial use classes apply. If the water quality standard for a particular parameter is different among applicable classes, the most restrictive of the standards applies.
**Subp. 2. Determining beneficial use classification.**
All waters of the state, except wetlands, are generally classified as class 2B, 3, 4A, 4B, 5, and 6 waters. Wetlands are generally classified as class 2D, 3, 4A, 4B, 5, and 6 waters. Specific beneficial use classifications are described in subparts 3 and 4.
**Subp. 3. Listed waters and wetlands.**
The waters of the state listed in part 7050.0470 are classified as specified in that part. Those waters of the state, including wetlands, that are specifically listed in part 7050.0470 have the beneficial use classifications listed in part 7050.0470. Part 7050.0470 reflects any changes to the beneficial use classifications of a water body that differ from the default classifications under subpart 4, based on a specific review of a water body's existing or attainable uses.
**Subp. 4. Unlisted waters and wetlands.**
A. Except as provided in subitems (1) and (2), all surface waters of the state that are not listed in part 7050.0470 and that are not wetlands as defined in part 7050.0186, subpart 1a, are classified as class 2B, 3, 4A, 4B, 5, and 6 waters. Unlisted lotic waters are also assigned the beneficial use subclass designator "g" to the class 2B designator.
B. Those waters of the state that are wetlands as defined in part 7050.0186, subpart 1a, and that are not listed in part 7050.0470 are classified as class 2D, 3, 4A, 4B, 5, and 6 waters.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 46 SR 5*
##### **Minn. R. 7050.0420** Coldwater Habitat Waters {#sec-7050.0420 omnilex-key=us-mn-regs-official--agency-167--7050.0420}
A. Coldwater habitat waters are listed under part 7050.0470.
B. Coldwater habitat waters identified as class 2A, 2Ae, or 2Ag in part 7050.0470 must reflect an existing beneficial use or a feasibly attainable beneficial use, according to Code of Federal Regulations, title 40, section 131.10, that permits propagating and maintaining a healthy community of coldwater aquatic biota and their habitats. For purposes of this subpart, "existing beneficial use" means a beneficial use that was attained in a water body on or after November 28, 1975.
C. The commissioner must propose changes to part 7050.0470 when reliable scientific evidence supports adding or removing a water listed as class 2A, 2Ae, or 2Ag. Changes must be supported by data relevant to the biological community, habitat, thermal regime, or other features of a class 2A, 2Ae, or 2Ag habitat.
D. Unless otherwise listed in part 7050.0470, all class 2A, 2Ae, or 2Ag waters listed in part 7050.0470 are also classified as class 1B, 3, 4A, 4B, 5, and 6 waters.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 914; 12 SR 1810; 15 SR 1057; 18 SR 2195; 24 SR 1105; 32 SR 1699; 44 SR 1416; 46 SR 5*
##### **Minn. R. 7050.0425** [Repealed, 46 SR 5] {#sec-7050.0425 omnilex-key=us-mn-regs-official--agency-167--7050.0425}
[Repealed, 46 SR 5]
##### **Minn. R. 7050.0430** [Repealed, 46 SR 5] {#sec-7050.0430 omnilex-key=us-mn-regs-official--agency-167--7050.0430}
[Repealed, 46 SR 5]
##### **Minn. R. 7050.0440** Other Classifications Superseded {#sec-7050.0440 omnilex-key=us-mn-regs-official--agency-167--7050.0440}
Parts 7050.0400 to 7050.0470 supersede any other previous classifications and any classifications in other rules.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 914; 12 SR 1810; 32 SR 1699*
##### **Minn. R. 7050.0450** [Repealed, 46 SR 5] {#sec-7050.0450 omnilex-key=us-mn-regs-official--agency-167--7050.0450}
[Repealed, 46 SR 5]
##### **Minn. R. 7050.0460** Waters Specifically Classified; Explanation of Listings in Part 7050.0470 {#sec-7050.0460 omnilex-key=us-mn-regs-official--agency-167--7050.0460}
**Subpart 1. Explanation of listings.**
The waters of the state listed in part 7050.0470 are classified as specified. The location of lakes, wetlands, calcareous fens, and scientific and natural areas are described by township, range, and section. Specific stream stretches are described by township, range, and section; stream confluence; geographic coordinates; road crossing; some other recognizable landmark; or a combination of these descriptors. Streams and rivers are listed by the eight-digit hydrologic unit code (HUC) of the major watersheds in part 7050.0469 in which the streams and rivers are located. The tables that specify the applicable beneficial uses for the stream and river reaches are incorporated by reference in part 7050.0470. Any community listed in part 7050.0470 is the community nearest the water classified, and is included solely to assist in identifying the water. Most waters of the state are not specifically listed in part 7050.0470. See part 7050.0415 for the classifications of waters not listed.
**Subp. 2. Outstanding international waters.**
The waters listed in part 7050.0470, subpart 1, that are not designated as outstanding resource value waters or classified as class 7 waters are designated as outstanding international resource waters under part 7052.0300, subpart 3. Unlisted waters classified in part 7050.0415 and unlisted wetlands classified in part 7050.0415 that are located in the Lake Superior basin are also designated as outstanding international resource waters under part 7052.0300, subpart 3.
**Subp. 3. Abbreviations and symbols.**
The listings in part 7050.0470 include the following abbreviations and symbols:
T., R., S. means township, range, and section, respectively.
An asterisk (*) preceding the name of the water body means the water body is an outstanding resource value water.
[month/day/year/letter code] following the name of the outstanding resource value water in brackets is the effective date the water resource was designated as an outstanding resource value water. The letter code (P or R) indicates the applicable discharge restrictions in part 7050.0265, subpart 6 or 7, or 7050.0270, subpart 5 or 6. The letter code P corresponds to the prohibited discharges provision in part 7050.0265, subpart 7, or 7050.0270, subpart 6. The letter code R corresponds to the restricted discharges provision in part 7050.0265, subpart 6, or 7050.0270, subpart 5.
[WR] following the name of the water body means the water body is designated as a wild rice water in part 7050.0470, subpart 1.
Class 2Bd waters are class 2B waters also protected for domestic consumption purposes (class 1). Applicable standards for class 2Bd waters are listed in part 7050.0222, subparts 3 and 3a.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 914; 12 SR 1810; 15 SR 1057; 18 SR 2195; 22 SR 1466; 32 SR 1699; 9 SR 914; 12 SR 1810; 15 SR 1057; 18 SR 2195; 22 SR 1466; 32 SR 1699; 41 SR 545; 9 SR 914; 12 SR 1810; 15 SR 1057; 18 SR 2195; 22 SR 1466; 32 SR 1699; 41 SR 545; 42 SR 441; 46 SR 5*
##### **Minn. R. 7050.0465** [Repealed, 18 SR 2195] {#sec-7050.0465 omnilex-key=us-mn-regs-official--agency-167--7050.0465}
[Repealed, 18 SR 2195]
##### **Minn. R. 7050.0466** Map: Major Surface Water Drainage Basins {#sec-7050.0466 omnilex-key=us-mn-regs-official--agency-167--7050.0466}
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 18 SR 2195*
##### **Minn. R. 7050.0467** [Repealed, 39 SR 154] {#sec-7050.0467 omnilex-key=us-mn-regs-official--agency-167--7050.0467}
[Repealed, 39 SR 154]
##### **Minn. R. 7050.0468** Map: Minnesota Ecoregions {#sec-7050.0468 omnilex-key=us-mn-regs-official--agency-167--7050.0468}
**History**
- *Statutory Authority: MS s 115.03*
- *History: 39 SR 154*
##### **Minn. R. 7050.0469** Map: Minnesota's Major Watersheds {#sec-7050.0469 omnilex-key=us-mn-regs-official--agency-167--7050.0469}
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 42 SR 441*
##### **Minn. R. 7050.0470** Classifications for Surface Waters in Major Drainage Basins {#sec-7050.0470 omnilex-key=us-mn-regs-official--agency-167--7050.0470}
**Subpart 1. Lake Superior basin.**
The water-use classifications for the stream reaches within each of the major watersheds in the Lake Superior basin listed in item A are found in tables entitled "Beneficial Use Designations for Stream Reaches" published on the website of the Minnesota Pollution Control Agency at www.pca.state.mn.us/regulations/incorporations-reference. The tables are incorporated by reference and are not subject to frequent change. The date after each watershed listed in item A is the publication date of the applicable table. The water-use classifications for the other listed waters in the Lake Superior basin are as identified in items B to D. See part 7050.0415 for the classifications of waters not listed. Designated use information for water bodies can also be accessed through the agency's Environmental Data Access (http://www.pca.state.mn.us/quick-links/eda-surface-water-data).
A. Streams (by eight-digit hydrologic unit code):
B. Lakes:
C. Calcareous fens: none currently listed.
D. Scientific and natural areas: *Black Lake Bog [3/7/88P] waters within the Black Lake Bog Scientific and Natural Area, Pine County, (T.45, R.15, S.18, 19, 30; T.45, R.16, S.13, 24, 25): 2B, 3B, except wetlands, which are 2D, 3, 4A, 4B, 5, 6.
**Subp. 2. Lake of the Woods basin.**
The water-use classifications for the stream reaches within each of the major watersheds in the Lake of the Woods basin listed in item A are found in tables entitled "Beneficial Use Designations for Stream Reaches" published on the website of the Minnesota Pollution Control Agency at www.pca.state.mn.us/regulations/incorporations-reference. The tables are incorporated by reference and are not subject to frequent change. The date after each watershed listed in item A is the publication date of the applicable table. The water-use classifications for the other listed waters in the Lake of the Woods basin are as identified in items B to D. See part 7050.0415 for the classifications of waters not listed. Designated use information for water bodies can also be accessed through the agency's Environmental Data Access (http://www.pca.state.mn.us/quick-links/eda-surface-water-data).
A. Streams (by eight-digit hydrologic unit code):
B. Lakes:
C. Calcareous fens: none currently listed.
D. Scientific and natural areas: *Purvis Lake-Ober, [11/5/84P] waters within the Purvis Lake-Ober Foundation Scientific and Natural Area, Saint Louis County, (T.62, R.13): 2B, 3, 4A, 4B, 5, 6, except wetlands, which are 2D, 3, 4A, 4B, 5, 6.
**Subp. 3. Red River of the North basin.**
The water-use classifications for the stream reaches within each of the major watersheds in the Red River of the North basin listed in item A are found in tables entitled "Beneficial Use Designations for Stream Reaches" published on the website of the Minnesota Pollution Control Agency at www.pca.state.mn.us/regulations/incorporations-reference The tables are incorporated by reference and are not subject to frequent change. The date after each watershed listed in item A is the publication date of the applicable table. The water-use classifications for the other listed waters in the Red River of the North basin are as identified in items B to D. See part 7050.0415 for the classifications of waters not listed. Designated use information for water bodies can also be accessed through the agency's Environmental Data Access (http://www.pca.state.mn.us/quick-links/eda-surface-water-data).
A. Streams (by eight-digit hydrologic unit code):
B. Lakes:
C. Calcareous fens:
D. Scientific and natural areas:
**Subp. 4. Upper Mississippi River basin (headwaters to the confluence with the St. Croix River).**
The water-use classifications for the stream reaches within each of the major watersheds in the upper Mississippi River basin from the headwaters to the confluence with the St. Croix River listed in item A are found in tables entitled "Beneficial Use Designations for Stream Reaches" published on the website of the Minnesota Pollution Control Agency at www.pca.state.mn.us/regulations/incorporations-reference. The tables are incorporated by reference and are not subject to frequent change. The date after each watershed listed in item A is the publication date of the applicable table. The water-use classifications for the other listed waters in the upper Mississippi River basin from the headwaters to the confluence with the St. Croix River are as identified in items B to D. See part 7050.0415 for the classifications of waters not listed. Designated use information for water bodies can also be accessed through the agency's Environmental Data Access (http://www.pca.state.mn.us/quick-links/eda-surface-water-data).
A. Streams (by eight-digit hydrologic unit code):
B. Lakes:
C. Calcareous fens: none currently listed.
D. Scientific and natural areas:
**Subp. 5. Minnesota River basin.**
The water-use classifications for the stream reaches within each of the major watersheds in the Minnesota River basin listed in item A are found in tables entitled "Beneficial Use Designations for Stream Reaches" published on the website of the Minnesota Pollution Control Agency at www.pca.state.mn.us/regulations/incorporations-reference. The tables are incorporated by reference and are not subject to frequent change. The date after each watershed listed in item A is the publication date of the applicable table. The water-use classifications for the other listed waters in the Minnesota River basin are as identified in items B to D. See part 7050.0415 for the classifications of waters not listed. Designated use information for water bodies can also be accessed through the agency's Environmental Data Access (http://www.pca.state.mn.us/quick-links/eda-surface-water-data).
A. Streams (by eight-digit hydrologic unit code):
B. Lakes:
C. Calcareous fens:
D. Scientific and natural areas: *Blackdog Preserve, [3/7/88P] waters within the Blackdog Preserve Scientific and Natural Area, Dakota County (T.27, R.24, S.27, 34): 2B, 3, 4A, 4B, 5, 6, except wetlands, which are 2D, 3, 4A, 4B, 5, 6.
**Subp. 6. Saint Croix River basin.**
The water-use classifications for the stream reaches within each of the major watersheds in the Saint Croix River basin listed in item A are found in tables entitled "Beneficial Use Designations for Stream Reaches" published on the website of the Minnesota Pollution Control Agency at www.pca.state.mn.us/regulations/incorporations-reference. The tables are incorporated by reference and are not subject to frequent change. The date after each watershed listed in item A is the publication date of the applicable table. The water-use classifications for the other listed waters in the Saint Croix River basin are as identified in items B to D. See part 7050.0415 for the classifications of waters not listed. Designated use information for water bodies can also be accessed through the agency's Environmental Data Access (http://www.pca.state.mn.us/quick-links/eda-surface-water-data).
A. Streams (by eight-digit hydrologic unit code):
B. Lakes:
C. Calcareous fens: none currently listed.
D. Scientific and natural areas:
**Subp. 7. Lower Mississippi River basin (from the confluence with the St. Croix River to the Iowa border).**
The water-use classifications for the stream reaches within each of the major watersheds in the lower Mississippi River basin from the confluence with the Saint Croix River to the Iowa border listed in item A are found in tables entitled "Beneficial Use Designations for Stream Reaches" published on the website of the Minnesota Pollution Control Agency at www.pca.state.mn.us/regulations/incorporations-reference. The tables are incorporated by reference and are not subject to frequent change. The date after each watershed listed in item A is the publication date of the applicable table. The water-use classifications for the other listed waters in the lower Mississippi River basin from the confluence with the St. Croix River to the Iowa border are as identified in items B to D. See part 7050.0415 for the classifications of waters not listed. Designated use information for water bodies can also be accessed through the agency's Environmental Data Access (http://www.pca.state.mn.us/quick-links/eda-surface-water-data).
A. Streams (by eight-digit hydrologic unit code):
B. Lakes:
C. Calcareous fens:
D. Scientific and natural areas: none currently listed.
**Subp. 8. Cedar-Des Moines Rivers basin.**
The water-use classifications for the stream reaches within each of the major watersheds in the Cedar-Des Moines Rivers basin listed in item A are found in tables entitled "Beneficial Use Designations for Stream Reaches" published on the website of the Minnesota Pollution Control Agency at www.pca.state.mn.us/regulations/incorporations-reference. The tables are incorporated by reference and are not subject to frequent change. The date after each watershed listed in item A is the publication date of the applicable table. The water-use classifications for the other listed waters in the Cedar-Des Moines Rivers basin are as identified in items B to D. See part 7050.0415 for the classifications of waters not listed. Designated use information for water bodies can also be accessed through the agency's Environmental Data Access (http://www.pca.state.mn.us/quick-links/eda-surface-water-data).
A. Streams (by eight-digit hydrologic unit code):
B. Lakes: none currently listed.
C. Calcareous fens:
D. Scientific and natural areas: *Prairie Bush Clover, [3/7/88P] waters within the Prairie Bush Clover Scientific and Natural Area, Jackson County, (T.103, R.35, S.17): 2B, 3, 4A, 4B, 5, 6, except wetlands, which are 2D, 3, 4A, 4B, 5, 6.
**Subp. 9. Missouri River basin.**
The water-use classifications for the stream reaches within each of the major watersheds in the Missouri River basin listed in item A are found in tables entitled "Beneficial Use Designations for Stream Reaches" published on the website of the Minnesota Pollution Control Agency at www.pca.state.mn.us/regulations/incorporations-reference. The tables are incorporated by reference and are not subject to frequent change. The date after each watershed listed in item A is the publication date of the applicable table. The water-use classifications for the other listed waters in the Missouri River basin are as identified in items B to D. See part 7050.0415 for the classifications of waters not listed. Designated use information for water bodies can also be accessed through the agency's Environmental Data Access (http://www.pca.state.mn.us/quick-links/eda-surface-water-data).
A. Streams (by eight-digit hydrologic unit code):
B. Lakes: none currently listed.
C. Calcareous fens:
D. Scientific and natural areas: none currently listed.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 9 SR 914; 12 SR 1810; 15 SR 1057; 18 SR 2195; 22 SR 1466; 24 SR 1105; 24 SR 1133; 27 SR 1217; 32 SR 1699; 42 SR 441; 44 SR 1416; 46 SR 5; 47 SR 1207*
##### **Minn. R. 7050.0480** [Renumbered 7050.0465] {#sec-7050.0480 omnilex-key=us-mn-regs-official--agency-167--7050.0480}
[Renumbered 7050.0465]
## **Chapter 7052** LAKE SUPERIOR BASIN WATER STANDARDS
##### **Minn. R. 7052.0005** Scope {#sec-7052.0005 omnilex-key=us-mn-regs-official--agency-167--7052.0005}
A. This chapter establishes aquatic life, human health, and wildlife water quality standards and criteria for Great Lakes Initiative (GLI) pollutants; antidegradation standards for surface waters of the state in the Lake Superior basin including, on a limited basis as described in item B, class 7 waters; and implementation procedures for deriving effluent limitations from these standards and criteria. Other water quality standards, antidegradation standards, and implementation procedures applicable to the surface waters of the state in the Lake Superior basin can be found in chapter 7050 and in parts 7052.0100, subpart 1, items A to G, and 7053.0255.
B. The water quality standards, antidegradation standards, and implementation procedures in this chapter apply to discharges to class 7 waters to the extent necessary to ensure compliance with the standards established in this chapter in any downstream class 2 waters.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 39 SR 1344; 22 SR 1466; 39 SR 1344; 41 SR 545*
##### **Minn. R. 7052.0010** Definitions {#sec-7052.0010 omnilex-key=us-mn-regs-official--agency-167--7052.0010}
**Subpart 1. Scope.**
The terms used in this chapter have the meanings given them in this part, chapters 7001 and 7050, and Minnesota Statutes, chapter 115. If terms defined in this part conflict with the definitions in chapters 7001 and 7050, the definitions in this part govern for this chapter.
**Subp. 2. Acute toxicity.**
"Acute toxicity" means a stimulus severe enough to rapidly induce a response. In toxicity tests, a response is normally observed in 96 hours or less. Acute effects are often measured in terms of mortality or other debilitating effects, represented as LC50s or EC50s, and expressed as concentrations of mass per unit volume, percent effluent, or toxic units.
**Subp. 3. Background.**
"Background" means all loadings that:
A. flow from upstream waters into the specified watershed, water body, or water body segment for which a total maximum daily load (TMDL), wasteload allocation (WLA) in the absence of a TMDL or preliminary WLA for the purpose of determining the need for a water quality-based effluent limitation is being developed;
B. enter the specified watershed, water body, or water body segment through atmospheric deposition or sediment release or resuspension; or
C. occur within the specified watershed, water body, or water body segment as a result of chemical reactions.
**Subp. 4. Bioaccumulative chemical of concern or BCC.**
"Bioaccumulative chemical of concern" or "BCC" means any chemical that has the potential to cause adverse effects which, upon entering the surface waters of the state, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human health bioaccumulation factor (BAF) greater than 1,000, after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation, in accordance with the methodology in part 7052.0110, subpart 3. Chemicals with half-lives of less than eight weeks in the water column, sediment, and biota are not BCCs. The minimum BAF information needed to define an organic chemical as a BCC is either a field-measured BAF or a BAF derived using the biota-sediment accumulation factor (BSAF) methodology. The minimum BAF information needed to define an inorganic chemical, including an organometal, as a BCC is either a field-measured BAF or a laboratory-measured bioconcentration factor. The BCCs are a subset of the GLI pollutants, and are listed in part 7052.0350. A chemical may not be treated as a BCC for purposes of this chapter unless and until it is added to the list in part 7052.0350.
**Subp. 5. Bioaccumulative substances of immediate concern or BSICs.**
"Bioaccumulative substances of immediate concern" or "BSICs" means a list of substances identified in the September 1991 Bi-National Program to Restore and Protect the Lake Superior basin. The BSICs are a subset of the BCCs, and are listed in part 7052.0350.
**Subp. 6. Biota-sediment accumulation factor or BSAF.**
"Biota-sediment accumulation factor" or "BSAF" means the ratio (in kg of organic carbon/kg of lipid) of a substance's lipid-normalized concentration in tissue of an aquatic organism to its organic carbon-normalized concentration in surface sediment, in situations where the ratio does not change substantially over time, both the organism and its food are exposed, and the surface sediment is representative of average surface sediment in the vicinity of the organism.
**Subp. 7. Chronic criterion or CC.**
"Chronic criterion" or "CC" means the highest water concentration of a toxicant or effluent to which organisms can be exposed indefinitely without causing chronic toxicity.
**Subp. 8. Chronic standard or CS.**
"Chronic standard" or "CS" means the highest water concentration of a toxicant to which organisms can be exposed indefinitely without causing chronic toxicity. Chronic standards are listed in parts 7050.0222 and 7052.0100.
**Subp. 9. Chronic toxicity.**
"Chronic toxicity" means a stimulus that lingers or continues for a long period of time, often one-tenth the life span or more. A chronic effect can be mortality, reduced growth, reproduction impairment, harmful changes in behavior, and other nonlethal effects.
**Subp. 10. Control document.**
"Control document" means a national pollutant discharge elimination system permit, a state disposal system permit, a feedlot permit issued under chapter 7020, or a Clean Water Act section 401 certification.
**Subp. 11. Criterion.**
"Criterion" means a number or numbers established for a pollutant derived under parts 7050.0218, 7050.0219, 7052.0110, or issued by the EPA, to protect aquatic life, humans, or wildlife.
**Subp. 12. Discharge-induced mixing area.**
"Discharge-induced mixing area" means the area of initial mixing of an effluent with a receiving water, which is determined by the discharge velocity and the buoyancy of the effluent. Beyond the discharge-induced mixing area, mixing of the effluent with the receiving water is dependent on the mixing characteristics of the receiving water.
**Subp. 13. Economic or social development.**
"Economic or social development" means the jobs, taxes, recreational opportunities, and other impacts on the public at large that will result from a new or expanded discharge.
**Subp. 14. Effluent design flow.**
"Effluent design flow" means the annual average dry weather flow for publicly owned mechanical wastewater disposal systems or permit-designated maximum design flows for other facilities.
**Subp. 15. Endangered or threatened species.**
"Endangered or threatened species" means those species that are listed as endangered or threatened under chapter 6134 or section 4 of the Endangered Species Act, United States Code, title 16, section 1533.
**Subp. 16. Environmental Protection Agency or EPA.**
"Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.
**Subp. 17. Existing discharger.**
"Existing discharger" means any building, structure, facility, or installation from which there is or may be a "discharge of pollutants," as defined in Code of Federal Regulations, title 40, section 122.2, to the Lake Superior basin, that is not a new discharger.
**Subp. 18. Expanded discharge or expanding discharge.**
"Expanded discharge" or "expanding discharge" means a discharge of a BCC to a surface water of the state in the Lake Superior basin that changes in volume, quality, location, or any other manner due to an action or activity identified in part 7052.0310, subpart 4, after either:
A. the effective date the water was designated as an outstanding resource value water as described in parts 7050.0460 and 7050.0470; or
B. March 9, 1998, if the water was designated as an outstanding international resource water under part 7052.0300, subpart 3, or a high quality water under part 7052.0300, subpart 4. In determining whether an increased loading would result from the change in the discharge, the agency shall compare the loading that would result from the change with the loading that exists as of the effective date specified in item A or B, whichever applies.
**Subp. 19. Final acute value or FAV.**
"Final acute value" or "FAV" means an estimate of the concentration of a pollutant corresponding to the cumulative probability of 0.05 in the distribution of all the acute toxicity values for the genera or species from the acceptable acute toxicity tests conducted on a pollutant. The FAV is the acute toxicity limitation applied to mixing zones in parts 7050.0210, subpart 5, and 7052.0210, subpart 1; and to dischargers in parts 7050.0211, subpart 1; 7050.0212, subpart 6; 7050.0214, subpart 1; 7052.0200, subpart 5; 7052.0230, subpart 4; and 7052.0270, subpart 5.
**Subp. 20. GLI Guidance.**
"GLI Guidance" means the Water Quality Guidance for the Great Lakes System, Code of Federal Regulations, title 40, part 132, as amended through March 12, 1997.
**Subp. 21. GLI pollutant.**
"GLI pollutant" means a toxic pollutant or chemical listed as a pollutant of initial focus in the GLI Guidance, Code of Federal Regulations, title 40, part 132, table 6, as amended.
**Subp. 22. High quality waters.**
"High quality waters" means surface waters of the state in which, on a parameter by parameter basis, the quality of the waters exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water.
**Subp. 23. Intake pollutant.**
"Intake pollutant" means a GLI pollutant that is present in the surface waters of the state in the Lake Superior basin and groundwater as provided in part 7052.0220, subparts 5 and 6, at the time it is withdrawn from such waters by the discharger or other facility, such as a public water supply, supplying the discharger with intake water.
**Subp. 24. Lake Superior basin.**
"Lake Superior basin" means the drainage basin of Lake Superior, including Lake Superior, within the state of Minnesota.
**Subp. 25. Load allocation or LA.**
"Load allocation" or "LA" means the portion of a receiving water's loading capacity that is attributed either to one of its existing or future nonpoint sources or to natural background sources, as more fully defined at Code of Federal Regulations, title 40, part 130.2, paragraph (g). Nonpoint sources include: in-place contaminants, direct wet and dry deposition, groundwater inflow, and overland runoff.
**Subp. 26. Loading capacity.**
"Loading capacity" means the greatest amount of loading that a water can receive without violating water quality standards or criteria.
**Subp. 27. Long-term average.**
"Long-term average" means the projected design concentration level for an effluent or pollutant that must be maintained by a discharger in order to maintain water quality standards or criteria.
**Subp. 28. Maximum standard or MS.**
"Maximum standard" or "MS" means the highest concentration of a toxicant in water to which aquatic organisms can be exposed for a brief time with zero to slight mortality. The MS equals the FAV divided by two. Maximum standards are listed in parts 7050.0222 and 7052.0100.
**Subp. 29. Method detection level or MDL.**
"Method detection level" or "MDL" means the minimum concentration of an analyte (substance) that can be measured and reported with a 99 percent confidence that the analyte concentration is greater than zero as determined by the procedure in Code of Federal Regulations, title 40, part 136, Appendix B.
**Subp. 30. Minimum level or ML.**
"Minimum level" or "ML" means the concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. The ML is the concentration in a sample that is equivalent to the concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method-specified sample weights, volumes, and processing steps have been followed.
**Subp. 31. Natural background.**
"Natural background" means the water quality characteristics or chemical concentrations existing where there is no discernible impact from point or nonpoint source pollutants attributable to human activity or from a physical alteration of wetlands. Where water quality monitoring data are not available, natural background can be predicted based on data from a watershed with similar characteristics.
**Subp. 32. New discharge.**
"New discharge" means a discharge that was not in existence either:
A. on the effective date an outstanding resource value water was designated as such as described in parts 7050.0460 and 7050.0470; or
B. on March 9, 1998, for surface waters of the state designated as outstanding international resource waters under part 7052.0300, subpart 3, or high quality waters under part 7052.0300, subpart 4.
**Subp. 33. New discharger.**
"New discharger" means any building, structure, facility, or installation from which there is or may be a "discharge of pollutants," as defined in Code of Federal Regulations, title 40, section 122.2, to surface waters of the state in the Lake Superior basin which recommenced discharging after the termination of its control document or the construction of which commenced after either:
A. the effective date an outstanding resource value water was designated as such as described in parts 7050.0460 and 7050.0470; or
B. March 9, 1998, for surface waters of the state designated as outstanding international resource waters under part 7052.0300, subpart 3, or high quality waters under part 7052.0300, subpart 4.
**Subp. 34. Outstanding international resource waters or OIRWs.**
"Outstanding international resource waters" or "OIRWs" means the surface waters of the state in the Lake Superior basin, other than class 7 waters and those waters designated as outstanding resource value waters as described in parts 7050.0460 and 7050.0470. The OIRWs designation prohibits any new or expanded point source discharge of BSICs unless an antidegradation demonstration that includes the installation of the best technology in process and treatment is completed under part 7052.0320, and approved by the agency under part 7052.0330.
**Subp. 35. Preliminary effluent limitation or PEL.**
"Preliminary effluent limitation" or "PEL" means the preliminary daily maximum water quality-based effluent limitation calculated for a GLI pollutant according to the procedure described in part 7052.0200, subpart 5, which is compared with the projected effluent quality of the GLI pollutant to determine if the pollutant has the reasonable potential to exceed water quality standards or criteria.
**Subp. 36. Projected effluent quality or PEQ.**
"Projected effluent quality" or "PEQ" means the observed maximum pollutant concentration, or an expected upper bound pollutant concentration from a statistical distribution of an effluent data set, used for comparison against a preliminary water quality-based effluent limitation calculated for that pollutant.
**Subp. 37. Quantification level.**
"Quantification level" means a measurement of the concentration of a pollutant obtained by using a specified laboratory procedure calibrated at a specified concentration above the method detection level. Quantification level is considered the lowest concentration at which a particular pollutant can be quantitatively measured using a specified laboratory procedure for monitoring of the pollutant.
**Subp. 38. Reasonable potential.**
"Reasonable potential" means the process for determining the possibility for a discharged pollutant to exceed water quality standards or criteria. The reasonable potential determination is described in part 7052.0220 for chemical-specific water quality-based effluent limitations, and part 7052.0240, subpart 5, for whole effluent toxicity.
**Subp. 39. Stream design flow.**
"Stream design flow" means the flow that represents critical conditions for protection of aquatic life, human health, or wildlife. The stream design flow is determined upstream of the discharge point.
**Subp. 40. Tier I.**
"Tier I" means the methods referenced in part 7052.0110 for developing aquatic life and wildlife standards or criteria.
**Subp. 41. Tier II.**
"Tier II" means the methods referenced in part 7052.0110 for developing aquatic life standards or criteria when there is not a set of data available that meets Tier I data requirements.
**Subp. 42. Total maximum daily load or TMDL.**
"Total maximum daily load" or "TMDL" means the sum of the individual wasteload allocations for point sources and load allocations for nonpoint sources and natural background, as more fully defined in Code of Federal Regulations, title 40, section 130.2, paragraph (i). A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into a water of the state and still assure attainment and maintenance of water quality standards.
**Subp. 43. Trophic level.**
"Trophic level" means the food web level in an ecosystem that is occupied by an organism or group of organisms because of what they eat and how they are related to the rest of the food web. For example, trophic level 3 in an aquatic ecosystem consists of small fish such as bluegills, crappies, and smelt and trophic level 4 consists of larger carnivorous fish such as walleye, salmon, and northern pike.
**Subp. 44. Uncertainty factor or UF.**
"Uncertainty factor" or "UF" means one of several numeric factors used in operationally deriving criteria from experimental data to account for the quality or quantity of the available data.
**Subp. 45. Wasteload allocation or WLA.**
"Wasteload allocation" or "WLA" means the portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution, as more fully defined in Code of Federal Regulations, title 40, section 130.2, paragraph (h). In the absence of a TMDL approved by EPA under Code of Federal Regulations, title 40, section 130.7, or an assessment and remediation plan developed and approved according to part 7052.0200, subpart 1, item C, a WLA is the allocation for an individual point source that ensures that the level of water quality to be achieved by the point source is derived from and complies with all applicable water quality standards and criteria.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 39 SR 1344; 22 SR 1466; 39 SR 1344; 41 SR 545*
##### **Minn. R. 7052.0015** Incorporations by Reference {#sec-7052.0015 omnilex-key=us-mn-regs-official--agency-167--7052.0015}
The documents in items A to D are adopted and incorporated by reference into this chapter. The documents, including future amendments, in items E to G are adopted and incorporated by reference and are not subject to frequent change.
A. Great Lakes Water Quality Initiative Methodologies for Development of Aquatic Life Criteria and Values, Code of Federal Regulations, title 40, part 132, Appendix A, as amended through March 12, 1997.
B. Great Lakes Water Quality Initiative Methodology for Deriving Bioaccumulation Factors, Code of Federal Regulations, title 40, part 132, Appendix B, as amended through March 12, 1997.
C. Great Lakes Water Quality Initiative Methodology for Development of Human Health Criteria and Values, Code of Federal Regulations, title 40, part 132, Appendix C, as amended through March 12, 1997.
D. Great Lakes Water Quality Initiative Methodology for the Development of Wildlife Criteria, Code of Federal Regulations, title 40, part 132, Appendix D, as amended through March 12, 1997.
E. EPA Technical Support Document for Water Quality-based Toxics Control issued by the U.S. EPA, Office of Water, as publication EPA-505-2-90-001 (Washington D.C., March 1991). The technical support document is available through the Minitex interlibrary loan system. It is not subject to frequent change.
F. The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit from a Dissolved Criterion issued by the U.S. EPA, Office of Water, as publication EPA-823-B-96-007 (Washington D.C., June 1996). The metals translator guidance is available through the Minitex interlibrary loan system. It is not subject to frequent change.
G. Chapter 3 of the U.S. EPA Water Quality Standards Handbook, Second Edition issued by the U.S. EPA, Office of Science and Technology, as publication EPA-823-B-94-005a (Washington D.C., August 1994). The handbook is available through the Minitex interlibrary loan system. It is not subject to frequent change.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466*
##### **Minn. R. 7052.0100** Water Quality Standards {#sec-7052.0100 omnilex-key=us-mn-regs-official--agency-167--7052.0100}
**Subpart 1. Applicability.**
A. The ambient water quality standards in subparts 2 to 6 are class 2 standards for the protection of aquatic life, human health, and wildlife from the GLI pollutants. The numeric standard for a GLI pollutant includes the CS, MS, and FAV. Some pollutants do not have an MS or an FAV because of insufficient data. For these pollutants, the CS is the numeric standard. Additional standards applicable to the surface waters of the state in the Lake Superior basin are found in chapter 7050, including standards applicable to drinking water sources, which are listed in parts 7050.0220 and 7050.0221.
B. Some of the GLI pollutants listed in subparts 2 to 6 have both aquatic life and human health standards and four of the GLI pollutants have wildlife standards, as provided in tables 1 to 4 of the GLI Guidance. These standards are listed in subparts 2 to 6 to facilitate implementation of the standards under parts 7052.0200, subpart 3, and 7052.0210, subpart 1. The most stringent chronic aquatic life, human health, or wildlife standard listed is the applicable standard except when a less stringent chronic or maximum standard applies when setting an effluent limitation under part 7052.0200, subpart 3. For any aquatic life, human health, or wildlife chronic standard, a blank space in subparts 2 to 5 means no GLI standard is available and the most stringent listed chronic standard is applicable. For the aquatic life MS and FAV, blank spaces mean the GLI guidance lists no MS or FAV, and part 7050.0222 may contain an applicable MS or FAV.
C. The definitions and methods for human health-based chronic standards and site-specific chronic criteria in parts 7050.0217 to 7050.0219 are incorporated by reference and are further described in part 7052.0110, subpart 4.
D. The class 2A human health-based chronic standards listed in chapter 7050 are incorporated by reference as modified by the procedures in part 7052.0110, subpart 3.
E. The Escherichia (E.) coli water quality standards in Code of Federal Regulations, title 40, section 131.41, table (c)(1), that apply to coastal recreation waters are incorporated by reference as:
F. Standards for metals are expressed as total metal but must be implemented as dissolved metal standards. Conversion factors for converting total to dissolved metal standards are listed in part 7052.0360, and applied under part 7052.0200, subpart 4. The conversion factor for metals not listed in part 7052.0360 is one. Standards for GLI pollutants followed by (TH) or (pH) vary with total hardness or pH. The formulas for these standards are found in subpart 6.
G. The CS and MS are averaged over the following durations:
**Subp. 2. Water quality standards applicable to Lake Superior; class 2A.**
†this standard or FAV was derived under chapter 7050.
**Subp. 3. Water quality standards applicable to class 2A waters other than Lake Superior.**
†this standard or FAV was derived under chapter 7050.
**Subp. 4. Water quality standards applicable to class 2Bd waters.**
†this standard or FAV was derived under chapter 7050.
**Subp. 5. Water quality standards applicable to class 2B and 2D waters.**
†this standard or FAV was derived under chapter 7050.
**Subp. 6. Water quality standards that vary with water quality characteristics.**
A. Class 2 standards that vary with total hardness (TH) applicable to all surface waters of the state in the Lake Superior basin are listed in this subpart. Total hardness is the sum of the calcium and magnesium concentrations expressed as calcium carbonate in mg/l. For ambient or effluent total hardness values greater than 400 mg/l, 400 mg/l must be used in the calculation of the standard. Exp. is the base e exponential function.
B. Standards that vary with pH applicable to Lake Superior, other class 2A and 2Bd waters in the Lake Superior basin are listed in this subpart. Exp. is the base e exponential function.
C. Standards that vary with pH applicable to class 2B and 2D waters in the Lake Superior basin are listed in this subpart. Exp. is the base e exponential function.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 39 SR 1344; 42 SR 441*
##### **Minn. R. 7052.0110** Methodologies for Development of Standards and Criteria, and Bioaccumulation Factors {#sec-7052.0110 omnilex-key=us-mn-regs-official--agency-167--7052.0110}
**Subpart 1. Applicability.**
This part identifies the methods that must be used to develop aquatic life and wildlife-based Tier I and Tier II standards and criteria and human health-based chronic standards and criteria. Subparts 3 and 4 also list exceptions to some of the assumptions used in the GLI Guidance methods. These exceptions are based on Minnesota-specific data.
**Subp. 2. Aquatic life.**
All Tier I and Tier II aquatic life standards were developed and all criteria must be developed using the methodologies provided by Code of Federal Regulations, title 40, part 132, Appendix A, entitled "Great Lakes Water Quality Initiative Methodologies for Development of Aquatic Life Criteria and Values," as amended through March 12, 1997, which is adopted and incorporated by reference in part 7052.0015, item A.
**Subp. 3. Bioaccumulation factors.**
Bioaccumulation factors (BAFs) for calculating human health and wildlife standards were developed and BAFs for calculating criteria must be developed using the methodology provided by Code of Federal Regulations, title 40, part 132, Appendix B, entitled "Great Lakes Water Quality Methodology for Deriving Bioaccumulation Factors," as amended through March 12, 1997, which is adopted and incorporated by reference in part 7052.0015, item B, except that for human health standards and criteria, the baseline BAF is multiplied by the following lipid fractions which apply to fish in both trophic levels 3 (TL3) and 4 (TL4), except as noted in item C:
A. 0.085 for Lake Superior;
B. 0.06 for class 2A waters other than Lake Superior; and
C. 0.015 for TL4 and 0.020 for TL3 for class 2B, 2Bd, and 2D waters.
**Subp. 4. Human health.**
A. Human health standards listed in part 7052.0100 for benzene, chlordane, chlorobenzene, cyanide (free), DDT, dieldrin, 2,4-dimethylphenol, 2,4-dinitrophenol, hexachlorobenzene, hexachloroethane, lindane, mercury (total), methylene chloride, PCBs, 2,3,7,8-TCDD, toluene, and trichloroethylene were developed using the Tier I methodology provided by Code of Federal Regulations, title 40, part 132, Appendix C, entitled "Great Lakes Water Quality Initiative Methodology for Development of Human Health Criteria and Values," as amended through March 12, 1997, which is adopted and incorporated by reference in part 7052.0015, item C, except that the daily human consumption of fish caught in the Lake Superior basin is assumed to be 0.030 kg/day (0.0072 kg/day for TL3 fish plus 0.0228 kg/day for TL4 fish).
B. Changes to the standards established for the pollutants in item A or additional human health-based chronic standards or site-specific chronic criteria must be based on the algorithms and methods in parts 7050.0217 to 7050.0219, with site-specific consideration as provided in part 7052.0270, except the bioaccumulation factor methods in part 7052.0110, subpart 3, must be used in place of those listed in part 7050.0219, subpart 6.
C. Concentrations of noncarcinogenic or nonlinear carcinogenic (NLC) chemicals in water or fish tissue from point or nonpoint sources, singly or in mixtures, must be below levels expected to produce known adverse effects. This is accomplished through the application of an additive noncancer health risk index using common health risk index endpoints or health endpoints as described in part 7050.0222, subpart 7, item D. Concentrations of carcinogenic chemicals from point or nonpoint sources, singly or in mixtures, must not exceed an incremental or additional excess risk level of one in 100,000 (10-5) in surface waters. The combined risk from mixtures of linear carcinogens (C) is determined as described in part 7050.0222, subpart 7, item E.
**Subp. 5. Wildlife.**
All Tier I wildlife standards were developed and all Tier I criteria must be developed using the methodology provided by Code of Federal Regulations, title 40, part 132, Appendix D, entitled "Great Lakes Water Quality Initiative Methodology for the Development of Wildlife Criteria," as amended through March 12, 1997, which is adopted and incorporated by reference in part 7052.0015, item D.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 39 SR 1344; 42 SR 441*
##### **Minn. R. 7052.0200** Total Maximum Daily Loads {#sec-7052.0200 omnilex-key=us-mn-regs-official--agency-167--7052.0200}
**Subpart 1. Applicability.**
The provisions in this subpart apply to establishing total maximum daily loads (TMDLs) for all Great Lakes Initiative (GLI) pollutants and pollutant parameters in surface waters of the state in the Lake Superior basin, with the exception of whole effluent toxicity (WET), which is addressed in part 7052.0240.
A. TMDLs must be established in accordance with the listing and priority-setting process provided by section 303(d) of the Clean Water Act, United States Code, title 33, section 1313(d) and Code of Federal Regulations, title 40, section 130.7. Where water quality standards are not immediately attainable, TMDLs must assure that water quality standards will be attained in a reasonable period of time. Some TMDLs may be based on attaining water quality standards over a period of time, with specific controls on individual sources being implemented in stages. Determining the reasonable period of time in which water quality standards will be met is a case-specific determination based on the following factors:
B. TMDLs must include the following elements, the sum of which must not exceed the loading capacity of the water for the GLI pollutants addressed by the TMDLs:
C. If the agency develops an assessment and remediation plan that meets the provisions of this part, meets the public participation provisions of subpart 6, and has been approved by the EPA as meeting the requirements under Code of Federal Regulations, title 40, section 130.6, then the assessment and remediation plan may be used in lieu of a TMDL if one of the following conditions is met:
**Subp. 2. Determining TMDL allocations.**
The agency must determine TMDL allocations as described in this subpart.
A. The sum of the WLAs for point sources is the portion of the loading capacity not assigned to nonpoint sources, including background, or to a MOS. Methods to apportion WLAs are identified in table 4-1 of the EPA Technical Support Document for Water Quality-Based Toxics Control (EPA-505-2-90-001, March 1991), which is adopted and incorporated by reference in part 7052.0015, item E.
B. LAs for nonpoint sources, including natural background, must be based on:
C. The MOS must account for technical uncertainties in establishing the TMDL and must describe the manner in which the MOS is determined and incorporated into the TMDL. The MOS may be provided by leaving a portion of the loading capacity unallocated or by using conservative modeling assumptions to establish WLAs and LAs. If a portion of the loading is left unallocated to provide a MOS, the amount left unallocated must be described. If conservative modeling assumptions are relied on to provide a MOS, the specific assumptions providing the MOS must be identified.
D. The representative background concentration for a GLI pollutant in the specified watershed, water body, or water segment must be established on a case-by-case basis as the geometric mean of water column data, water column concentrations estimated through the use of available caged or resident fish tissue data, or water column concentrations estimated through the use of existing or projected GLI pollutant loading data. Commonly accepted statistical techniques must be used to evaluate data sets consisting of values both above and below the detection level. If all of the available data in a data set are below the detection level for a GLI pollutant, then all the data in the data set must be assumed to be zero.
E. Where sufficient data are available to quantify the transport of GLI pollutants to sediments, TMDLs must account for and prevent such accumulations that preclude attainment of specified designated uses.
F. Where sufficient data are available to quantify loadings of GLI pollutants resulting from wet weather events, TMDLs must account for these loadings.
G. The maximum allowable loading consistent with the attainment of each standard or criterion of a given GLI pollutant is determined by multiplying the applicable standard or criterion by the stream design flow at the farthest downstream location in the tributary watershed. The loading is then compared to the loadings at discharge sites within the watershed to assure that standards or criteria for a given GLI pollutant are not exceeded. The lowest load is then selected as the loading capacity.
H. TMDLs and WLAs in the absence of a TMDL must be based on the assumption that a GLI pollutant does not degrade unless both of the following occur:
I. If the agency establishes separate TMDLs for different segments of the same watershed, and if each of these separate TMDLs includes WLAs for the same GLI pollutant for one or more of the same point sources, then water quality-based effluent limits (WQBELs) for the GLI pollutant and point sources must be consistent with the most stringent of those WLAs to assure attainment of all applicable water quality standards and criteria.
**Subp. 3. Waste load allocations for GLI pollutants in the absence of a TMDL.**
For purposes of determining WLAs in the absence of a TMDL or for determining the need for WQBELs, calculations must be made using the methods in items A to C.
A. The agency must develop acute and chronic WLAs for streams and rivers for each applicable aquatic life, human health, and wildlife standard and criterion using dynamic models found in chapter 4 of the EPA Technical Support Document for Water Quality-Based Toxics Control (EPA-505-2-90-001, March 1991), which is adopted and incorporated by reference in part 7052.0015, item E, or using the following equation: Where:
B. For lakes, WLAs based on acute aquatic life standards or criteria must not exceed the FAV unless a mixing zone demonstration is conducted and approved under part 7052.0210. The agency must develop chronic WLAs for lakes for each applicable aquatic life, human health, and wildlife standard and criterion using the following equation: WLA = (Cs)(X) - (Cb)(X) Where:
C. Where the background receiving water concentration (Cb) of a GLI pollutant exceeds the most stringent applicable water quality standard listed or referenced for that pollutant in part 7052.0100, or criterion for that pollutant developed under part 7052.0110, the intake credit provisions of part 7052.0220, subpart 5, apply.
**Subp. 4. Translating dissolved metal standards to total recoverable WQBELs for metals.**
For purposes of expressing dissolved metals standards and criteria as total recoverable WQBELs, the methods in items A to C must be used.
A. WLAs determined in subpart 3 must be calculated using dissolved metal standards. Dissolved metal standards are determined by multiplying the total metal standards, listed in part 7052.0100, by the corresponding conversion factors listed in part 7050.0360. For metals not listed in part 7050.0360, the conversion factor is 1.0. Subsequent calculation of WQBELs requires the translation of the dissolved metal WLAs to total recoverable metal WLAs as described in items B and C.
B. In the absence of site-specific data, the dissolved metal WLAs are translated to total metal WLAs by dividing the dissolved metal WLAs by the corresponding conversion factors in part 7050.0360.
C. The agency must use a total metal translator based upon the collection of site-specific data if an existing or proposed discharger submits a request to the agency and the request is accompanied by a completed site-specific study conducted in accordance with the EPA guidance "The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit From a Dissolved Criterion" (EPA-823-B-96-007, June 1996), which is adopted and incorporated by reference under part 7052.0015, item F. Upon receiving a study that the agency determines has conformed with the metals translator guidance, the agency must use the site-specific translator to convert the dissolved metal WLA into a total recoverable WLA, if the antidegradation provisions under parts 7052.0300 to 7052.0330 and antibacksliding provisions of section 402(o) of the Clean Water Act, United States Code, title 33, section 1342(o), are complied with. Subsequent WQBELs must be calculated from the total recoverable WLA.
**Subp. 5. Calculating effluent limitations from WLAs.**
The agency must determine WLAs, including applicable mixing zone determinations from part 7052.0210, for aquatic life, human health, and wildlife water quality standards and criteria using the methods in subparts 2 and 3. WQBELs are calculated from these WLAs, or by using dynamic models based on methods in chapter 5 of the EPA Technical Support Document for Water Quality-Based Toxics Control (EPA-505-2-90-001, March 1991), which is adopted and incorporated by reference in part 7052.0015, item E. The agency must use the methods in items A to G to calculate WQBELs from the WLAs developed under subparts 2 and 3.
A. Assume the effluent concentrations are lognormally distributed and dominate in-stream concentrations and variability after mixing.
B. Characterize the variability of the effluent data by calculating the coefficient of variation (CV), which is the ratio of the standard deviation divided by the mean, using a 99th percentile probability basis (z99 = 2.326).
C. Calculate the long-term average (LTA) for each applicable WLA determined under subpart 2 or 3 as follows:
D. Calculate the daily maximum and monthly average WQBELs using the lowest determined LTA calculated in item C as follows:
E. Establish the most stringent daily maximum WQBEL from item D or the FAV applied under part 7050.0210, subpart 5; 7050.0211, subpart 1; 7050.0212, subpart 6; 7050.0214, subpart 1; 7052.0210, subpart 1; or 7052.0230, subpart 4, as the daily maximum effluent limitation in the permit. When the applicable daily maximum WQBEL determined from item D is established in the permit, the corresponding monthly average WQBEL must also be established in the permit. When the FAV is established in the permit as the daily maximum effluent limitation, no monthly average effluent limitation is established in the permit.
F. For distributions other than lognormal:
G. Whenever a WQBEL is developed, it must be expressed as both a concentration value and a corresponding mass loading rate. Both mass and concentration limits must be based on the same permit averaging periods, such as daily or monthly averages. The agency must calculate the mass loading rates using effluent flow rates that correspond to those used in establishing the WQBELs expressed in concentration, except if adjustments for wet weather flows have been accommodated in the WLA process on a case-by-case basis. If wet weather flows have been accommodated, the agency must calculate the mass loading rates using the adjusted flows.
**Subp. 6. Soliciting public input in developing TMDLs.**
The agency must provide the following public notification and opportunity for comment during the development and implementation of a TMDL:
A. a public notice and solicitation of comment on the intent of the agency to develop a TMDL for a GLI pollutant where the agency has identified impaired water quality uses;
B. a public notice and solicitation of information and comments regarding preliminary source identification and loadings for a GLI pollutant subject to a TMDL;
C. a public notice and solicitation of comment on proposed source loadings and a proposed TMDL allocation method for a reduction of loadings for a GLI pollutant subject to a TMDL; and
D. a public notice of an effluent limitation in a permit for a GLI pollutant subject to a TMDL, pursuant to the public notice requirements of parts 7001.0100 and 7001.0110.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 41 SR 545*
##### **Minn. R. 7052.0210** Mixing Zones {#sec-7052.0210 omnilex-key=us-mn-regs-official--agency-167--7052.0210}
**Subpart 1. Applicability and standards for acute and chronic mixing zones.**
General provisions pertaining to mixing zones are located in part 7050.0210, subpart 5. For acute and chronic mixing zones, the conditions in items A to C apply.
A. At the edge of an acute mixing zone approved under subpart 2, acute aquatic life toxicity must not exceed the maximum standard or criterion, or 0.3 TUa for WET. If the discharger does not have an approved acute mixing zone demonstration, the agency must apply the FAV, or 1.0 TUa for WET, directly to the discharge. If acute mixing zones from two or more proximate sources interact or overlap, the combined effect must be evaluated to ensure that applicable standards and criteria will be met in the area of overlap.
B. At the edge of a chronic mixing zone, chronic toxicity must not exceed the chronic standard or criterion, or 1.0 TUc for WET. A chronic mixing zone must equal:
C. Acute and chronic mixing zones must not jeopardize the continued existence of endangered or threatened species listed or proposed under chapter 6134 or section 4 of the Endangered Species Act, United States Code, title 16, section 1533, or result in the destruction or adverse modification of such species' critical habitat.
**Subp. 2. Mixing zone demonstration requirements for lakes and tributaries.**
The agency shall approve an acute or chronic mixing zone demonstration if the discharger proposing a mixing zone completes a demonstration that complies with items A to N.
A. Define the mixing zone size, shape, location of the area of mixing, manner of diffusion and dispersion, and amount of dilution at the boundaries.
B. Determine the discharge-induced mixing area for lake discharges.
C. For discharge to a lake, determine the dilution ratio of receiving water volume to effluent volume. If this dilution ratio is other than 10 to 1 and results in a mixing zone that is no greater than the area of discharge-induced mixing, the calculated ratio must be used in the WLA calculation for lakes in part 7052.0200, subpart 3, item B; in the WET reasonable potential determination for lakes in part 7052.0240, subpart 5, items B, subitem (2), and C, subitem (2); and in the WET WQBEL calculation in part 7052.0240, subpart 6, items A, subitem (2), and C.
D. Document the substrate character and geomorphology of the mixing zone.
E. Ensure that the mixing zone will maintain a zone of passage for mobile aquatic life; protect spawning, nursery areas, and migratory routes; and not intersect river mouths.
F. Ensure the mixing zone will protect the existence of threatened or endangered species.
G. Document that the mixing zone does not affect drinking water intakes.
H. Document background water quality.
I. Show that the mixing zone does not promote undesirable aquatic life or dominance of nuisance species.
J. Ensure that the mixing zone will not result in the following:
K. Prevent or minimize overlapping mixing zones.
L. Document the ability of the habitat to support endemic or naturally occurring species.
M. Assume no GLI pollutant degradation unless the conditions of part 7052.0200, subpart 2, item H, are met.
N. Show that the mixing zone will not interfere with the designated or existing uses of the receiving water or downstream surface waters of the state.
**Subp. 3. Mixing zones for BCCs.**
After March 9, 1998, acute and chronic mixing zones shall not be allowed for new and expanded discharges of BCCs to the Lake Superior basin. Acute and chronic mixing zones for existing discharges of BCCs must be phased out by March 23, 2007, except under the provisions in items A to E. After March 9, 1998, for new and expanded discharges and March 23, 2007, for existing discharges, WLAs developed under part 7052.0200, subparts 2 and 3, for discharges of BCCs must be set equal to the most stringent applicable water quality standard or site-specific criterion for the BCC in question. The provisions for exceptions to the acute and chronic mixing zone phase-out for existing discharges of BCCs are in items A to E.
A. Mixing zones for BCCs shall be allowed for existing discharges after March 23, 2007, if the discharger demonstrates that the failure to maintain an existing mixing zone would preclude water conservation measures that would lead to overall load reductions in BCCs discharged.
B. Mixing zones shall be allowed for existing discharges after March 23, 2007, upon the request of the discharger if the agency determines that:
C. In making the determination in item B, the agency must consider:
D. Any exceptions to the mixing zone phase-out provision for existing discharges of BCCs granted under this subpart must:
E. For each draft permit that would allow a mixing zone for one or more BCCs after March 23, 2007, the fact sheet or statement of basis for the draft permit, required to be made available through public notice under Code of Federal Regulations, title 40, section 124.6, paragraph (e), must:
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466*
##### **Minn. R. 7052.0220** Reasonable Potential for Chemical-Specific Wqbels {#sec-7052.0220 omnilex-key=us-mn-regs-official--agency-167--7052.0220}
**Subpart 1. Applicability.**
Where the agency determines, using factors specified under Code of Federal Regulations, title 40, section 122.44, paragraph (d)(1)(ii), that a GLI pollutant is or may be discharged to surface waters of the state at a level which has the reasonable potential to cause or contribute to an excursion above any water quality standard listed or referenced in part 7052.0100 or water quality criterion developed according to part 7052.0110, WQBELs must be included in the permit. When facility-specific effluent monitoring data are available, the agency must make the reasonable potential determination by developing preliminary effluent limitations (PELs) and comparing them to the projected effluent quality (PEQ) as described in this part.
**Subp. 2. Developing preliminary effluent limitations.**
The first step in a reasonable potential determination is to calculate a PEL. The procedures in parts 7052.0200 and 7052.0210 must be used to determine a PEL from a standard or criterion. If the agency determines that there are insufficient data to calculate a standard or criterion, the procedure in subpart 4 must be followed to determine if data must be generated to calculate a standard or site-specific criterion.
**Subp. 3. Developing projected effluent quality.**
The procedures in items A to D must be used when developing PEQ.
A. Determine the maximum concentration for each GLI pollutant from its respective data set.
B. Select the corresponding factor from part 7052.0370 using the calculated coefficient of variation from part 7052.0200, subpart 5, item B, and the number of data points in the data set. Determine the PEQ concentration by multiplying the maximum value from the data set by the selected factor.
C. If the data set in item B contains less than ten values, the coefficient of variation used in part 7052.0370 must be 0.6.
D. If the PEQ is greater than the PEL, an effluent limitation for that GLI pollutant must be established in the permit. On a case-by-case basis, when a discharger submits and the agency determines that an alternate PEQ procedure fulfills the requirements of Code of Federal Regulations, title 40, section 122.44, paragraph (d)(1), the agency must use this procedure in lieu of items A to D.
**Subp. 4. Developing data for calculating Tier II aquatic life standards and criteria or noncancer human health-based standards or site-specific criteria.**
This subpart applies when the agency determines that insufficient data currently exist to calculate aquatic life toxicity-based Tier II or human health-based standards or criteria for GLI pollutants known to be in the discharge, or suspected to be in the discharge based on knowledge of the raw materials used or internal process or waste streams.
A. The agency shall use all available toxicity information to estimate ambient screening criteria for each identified GLI pollutant which will protect humans from noncancer health effects, and aquatic life from acute and chronic effects.
B. Using the provisions in parts 7052.0200 and 7052.0210, the agency must develop PELs based on the estimated ambient screening criteria and compare the PELs with each PEQ developed under subpart 3. If the PEQ exceeds the PEL for any GLI pollutant, the agency must generate or require the permittee to generate the data necessary to derive standards or site-specific criteria to protect human health from noncancer effects and aquatic life from acute and chronic effects using the methods in part 7052.0110 with site-specific consideration as provided in part 7052.0270.
C. The agency must use the data generated according to item B to calculate standards and site-specific criteria according to the methods in part 7052.0110. The derived standards and criteria must be used to calculate PELs to determine if an effluent limitation must be established in the permit. If the PEQ exceeds the PEL for any GLI pollutant, an effluent limitation must be established in the permit.
D. For GLI pollutants other than BCCs, a WQBEL for aquatic life protection will not be established if the following conditions exist:
**Subp. 5. Intake credits.**
Intake pollutants must be evaluated on a pollutant-by-pollutant, outfall-by-outfall basis. The conditions in items A to I apply to the agency's consideration of intake pollutants, in the absence of a TMDL or an assessment and remediation plan approved under part 7052.0200, subpart 1, item C, when establishing effluent limitations in a permit.
A. There is no reasonable potential for the discharge of an identified intake pollutant or pollutant parameter to cause or contribute to an excursion above a water quality standard listed or referenced in part 7052.0100 or a water quality criterion developed under part 7052.0110 if a discharger demonstrates to the satisfaction of the agency that the following conditions exist:
B. If the agency determines that an intake pollutant in the discharge has no reasonable potential to cause or contribute to an excursion above an applicable water quality standard or criterion, a WQBEL is not necessary and the permit must require influent, effluent, and ambient monitoring necessary to demonstrate that the conditions of item A are maintained during the term of the permit.
C. If a discharger does not demonstrate to the agency that the conditions in item A, subitems (1) to (5), are met, the agency must use the procedures under subparts 2 to 4 to determine whether the discharge has the reasonable potential to cause or contribute to an excursion above an applicable water quality standard or criterion.
D. Where the facility meets the conditions in item A, subitems (1) and (3) to (5), and the background concentration is greater than the most stringent applicable water quality standard or criterion, the agency must establish an effluent limitation for the discharge of the intake pollutant at a mass and concentration no greater than the mass and concentration identified in the facility's intake water.
E. Intake credit for an intake pollutant established in item D must be phased out and replaced by a TMDL. The agency must determine WQBELs from these TMDLs and include them in permits after March 23, 2007.
F. For pollutants contained in the intake water provided by a water system, the concentration must be determined at the point where the raw water is removed from the same body of water, except that it must be the point where the water enters the water supplier's distribution system if a water treatment system removes any of the intake pollutant from the raw water supply. Mass must be determined by multiplying the concentration of the intake pollutant by the volume of the facility's intake flow received from the water system.
G. Where the intake pollutant in a facility's discharge originates from a water that is not the same body of water, as defined in subpart 6, as the receiving water, WQBELs must be based upon the most stringent standard or criterion for that intake pollutant.
H. Where a facility discharges an intake pollutant that originates in part from the same body of water as defined in subpart 6, and in part from a different body of water, the agency must apply items C, D, and F to derive a flow-weighted average effluent limitation for each intake pollutant source.
I. Where proper operation and maintenance of a facility's treatment system results in removal of some or all of an intake pollutant, the agency must establish limitations that reflect the lower mass and/or concentration of the pollutant achieved by such treatment, taking into account the feasibility of establishing such limits.
**Subp. 6. Determination of same body of water.**
An intake pollutant is considered to be from the same body of water as the discharge if the agency finds that the intake pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee. The determination of the reasonable period is a site-specific determination that is based on a comparison of the time it took the intake pollutant to reach the outfall with the time it would have taken had the intake pollutant not been removed by the permittee. The finding that an intake pollutant is from the same body of water as the discharge is established when:
A. the background concentration of the intake pollutant in the receiving water, excluding any amount of the pollutant in the facility's discharge, is similar to that in the intake water;
B. there is a direct hydrological connection between the intake and discharge points; and
C. water quality characteristics, for example, temperature, pH, hardness, are similar in the intake and receiving waters. The agency may consider other site-specific factors affecting the transport and fate of the intake pollutant to make the finding in a particular case that an intake pollutant would or would not have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee. An intake pollutant from groundwater must be considered to be from the same body of water if the agency determines the intake pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee, except that such an intake pollutant is not from the same body of water if the groundwater contains the pollutant partially or entirely due to human activity, such as industrial, commercial, or municipal operations, disposal actions, or treatment processes.
**Subp. 7. Other applicable conditions.**
If the geometric mean of a GLI pollutant in fish tissue samples collected from a water body exceeds the fish tissue basis of a water quality standard or criterion, after factoring in the variability of the GLI pollutant's bioaccumulation in fish, each facility that discharges detectable levels of such GLI pollutant to that water has the reasonable potential to cause or contribute to an excursion above a water quality standard or criterion. Each permit for those identified facilities must contain a WQBEL for that GLI pollutant.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 39 SR 1344*
##### **Minn. R. 7052.0230** Additivity {#sec-7052.0230 omnilex-key=us-mn-regs-official--agency-167--7052.0230}
**Subpart 1. Applicability.**
The purpose of a determination of additivity is to address the interactive effects of multiple GLI pollutants in individual point source discharges independent of other pollutants that may be present in the receiving waters.
**Subp. 2. Carcinogenic human health GLI pollutant additivity.**
The agency must calculate the additive effects of carcinogenic human health pollutants in effluents according to part 7050.0222, subpart 7, item E, for which individual WQBELs have been established under part 7052.0200, subpart 5. Cumulative incremental risk for carcinogens in the effluent must be maintained at 1 x 10-5 or less.
**Subp. 3. Noncarcinogenic human health GLI pollutant additivity.**
The agency must determine the additive effects of noncarcinogenic human health pollutants where individual WQBELs have been established under part 7052.0200, subpart 5, and where the pollutants exhibit the same adverse effects through the same mechanisms of action as established through the use of health risk index endpoints or health endpoints according to part 7050.0222, subpart 7, item D.
**Subp. 4. Acute aquatic life additivity.**
The additive effects of acute aquatic life toxicity of GLI pollutants in effluents where individual WQBELs have been established under part 7050.0211, subpart 1, or 7052.0200, subpart 5, as FAVs must be calculated according to part 7050.0222, subpart 7, item B.
**Subp. 5. Toxic equivalency factors and bioaccumulation equivalency factors.**
The agency must calculate the potential for adverse additive cancer and noncancer human health effects in effluents for both chlorinated dibenzo-p-dioxins and chlorinated dibenzofurans listed in part 7052.0380 using the procedures in items A and B.
A. The human health cancer and noncancer standards for 2,3,7,8-TCDD must be used consistent with methods at part 7052.0200, subparts 2 and 3, to calculate total 2,3,7,8-TCDD toxicity equivalence WLAs for effluents.
B. The toxicity equivalency factors (TEFs) and bioaccumulation equivalency factors (BEFs) in part 7052.0380 must be used to calculate a 2,3,7,8-TCDD toxicity equivalence concentration for an effluent when implementing the WLAs derived in part 7052.0200, subpart 2, item A, or 3. The equation for calculating the 2,3,7,8-TCDD toxicity equivalence concentration in an effluent is as follows: (TEC)TCDD = Σ (C)x (TEF)x (BEF)x Where: (TEC)TCDD = 2,3,7,8-TCDD toxicity equivalence concentration in the effluent (C)x = The concentration of congener x in the effluent (TEF)x = Toxicity equivalency factor for congener x (BEF)x = Bioaccumulation equivalency factor for congener x Congener x = a derivative, breakdown product, or similar chemical (in structure) to 2,3,7,8-TCDD. The congeners are listed in part 7052.0380.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 39 SR 1344*
##### **Minn. R. 7052.0240** Whole Effluent Toxicity {#sec-7052.0240 omnilex-key=us-mn-regs-official--agency-167--7052.0240}
**Subpart 1. Applicability.**
The agency must evaluate and apply whole effluent toxicity (WET) as WQBELs and permit conditions through the following procedures and conditions:
A. no effluent shall exceed 1.0 acute toxic unit (TUa) unless a demonstration is provided under part 7052.0210, subpart 1, that 0.3 TUa can be met at the edge of an approved acute mixing zone; and
B. no effluent shall exceed 1.0 chronic toxic unit (TUc) in the receiving water at the edge of an approved mixing zone under part 7052.0210, subpart 1.
**Subp. 2. Acute and chronic WQBELs.**
WQBELs determined under subpart 6 must comply with subpart 1, items A and B, except if the agency determines on an individual permit basis that chemical-specific limitations are sufficient to ensure compliance with subpart 1, items A and B.
**Subp. 3. Permit conditions.**
Where the agency determines according to subpart 5 that the WET of an effluent is or may be discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above any standard specified in subpart 1 or 2, the following permit conditions must be established:
A. a WQBEL developed under subpart 6;
B. a requirement that a toxicity reduction evaluation be conducted where valid toxicity data indicate exceedance of a WET limitation and when the duration, magnitude, and frequency of exceedance is sufficient to allow completion of a toxic reduction evaluation to determine the pollutant or pollutants causing the exceedance;
C. for any effluent limitation for WET established under subpart 6, a schedule of compliance consistent with part 7052.0260; and
D. a requirement that all WET tests must be conducted according to the methods established in Code of Federal Regulations, title 40, part 136.
**Subp. 4. Insufficient information.**
If the agency determines that it lacks sufficient information to establish under subpart 5 whether the WET of an effluent is or may be discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above any standard specified in subpart 1 or 2, the following permit conditions must be established:
A. WET testing requirements to generate the data needed to characterize the toxicity of the effluent to aquatic life; and
B. a permit reopener clause to establish WET limitations if any toxicity testing data required under item A and subpart 5 indicate that the WET of an effluent is or may be discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above any of the conditions in subparts 1 and 2.
**Subp. 5. Reasonable potential determination.**
The agency must apply the factors in Code of Federal Regulations, title 40, section 122.44, paragraph (d)(1)(ii), and use representative data to evaluate the WET of an effluent. The agency must apply the provisions in items A to C to evaluate the reasonable potential of the effluent to exceed a WQBEL.
A. The agency must determine the toxicity of the effluent using the provisions in subitems (1) to (3).
B. The WET of an effluent has the reasonable potential to cause or contribute to an excursion above 1.0 TUa at the point of discharge or 0.3 TUa at the edge of the acute mixing zone when a mixing zone demonstration has been approved under part 7052.0210 and when the effluent-specific information demonstrates that:
C. The WET of an effluent has the reasonable potential to cause or contribute to an excursion above the chronic standard when the effluent-specific information demonstrates that:
**Subp. 6. WQBELs for WET.**
The agency must establish WQBELs according to the provisions in items A to D.
A. The acute WET limitation for discharges must be 1.0 TUa, applied as a daily maximum, unless provisions for an acute mixing zone under part 7052.0210 have been established that:
B. The chronic WET limitation for discharges to streams and rivers, applied as a monthly average, must be calculated as follows: Where:
C. The chronic WET limitation for discharges to lakes, applied as a monthly average, must be calculated as follows: Chronic WET limitation = T (X) Where:
D. The agency must establish, on an individual permit basis, a monitoring frequency to evaluate compliance with WET limitations.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466*
##### **Minn. R. 7052.0250** Wqbels Below Quantification Level {#sec-7052.0250 omnilex-key=us-mn-regs-official--agency-167--7052.0250}
**Subpart 1. Applicability.**
The agency must establish in the permit the WQBEL exactly as calculated when a WQBEL for a GLI pollutant is calculated to be less than the quantification level.
**Subp. 2. Analytical method and quantification level used to assess compliance.**
The agency must use the provisions in items A to D when assessing compliance with a WQBEL below the quantification level.
A. The agency must identify in the permit the analytical method that must be used to monitor for the presence and amount of the GLI pollutant in an effluent for which the WQBEL is established. The analytical method specified must be the most sensitive, applicable, analytical method specified in or approved under Code of Federal Regulations, title 40, part 136, or other agency-approved method if one is not available under Code of Federal Regulations, title 40, part 136.
B. The quantification level shall be the minimum level specified in or approved under Code of Federal Regulations, title 40, part 136, for the method for that GLI pollutant. If no such minimum level exists, or if the method is not specified or approved under Code of Federal Regulations, title 40, part 136, the quantification level shall be the lowest quantifiable level approved by the agency. The agency must specify a higher quantification level if the permittee demonstrates that a higher quantification level is appropriate because of effluent-specific matrix interference.
C. For the purpose of compliance assessment, the analytical method specified in the permit must be used to monitor the amount of a GLI pollutant in an effluent down to the quantification level, provided that the analyst has complied with the specified quality assurance and quality control procedures in the relevant method.
D. The agency must use commonly accepted statistical procedures to average and account for monitoring data. The agency must specify in the permit the value to be substituted for sample results when the results are below the quantification level, and how the value will be used in calculations for an average.
**Subp. 3. Special conditions.**
If the concentration of a pollutant in an effluent is so low that it cannot be quantified under subpart 2, the agency must include special conditions in the permit to assess the level of the pollutant in the effluent. The permit must also contain a reopener clause authorizing modification or revocation and reissuance of the permit if any information generated as a result of special conditions included in the permit indicates the presence of the GLI pollutant in the discharge at levels above the WQBEL. The following special conditions must be included in the permit under the conditions specified:
A. results of fish tissue sampling when human health or wildlife limitations are included in the permit;
B. WET tests when aquatic life limitations are included in the permit;
C. internal waste stream monitoring requirement when the agency determines, based on knowledge of the facility, that quantifiable levels of the pollutant can be measured in an internal waste stream; and
D. monitoring for surrogate waste stream parameters when the agency determines the surrogate parameter is quantifiable and correlated to the concentration of the pollutant in the effluent.
**Subp. 4. GLI pollutant minimization program.**
The agency shall include a condition in the permit requiring the permittee to develop and conduct a GLI pollutant minimization program for each GLI pollutant with a WQBEL below the quantification level. The goal of the GLI pollutant minimization program is to reduce all sources of the GLI pollutant to maintain the effluent at or below the WQBEL. The GLI pollutant minimization program must include at least the following:
A. an annual review and periodic monitoring of potential GLI pollutant sources which may include fish tissue monitoring or other bio-uptake sampling as necessary to assess progress toward attainment of the WQBEL;
B. periodic monitoring of wastewater treatment system influent as necessary to assess progress toward attainment of the WQBEL;
C. submittal of a control strategy to reduce GLI pollutant loading to the industrial or municipal wastewater treatment system influent or to the effluent if there is no discrete treatment system;
D. implementation of cost-effective controls when sources of GLI pollutants are found; and
E. submission of an annual status report to the agency that includes the following:
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466*
##### **Minn. R. 7052.0260** Compliance Schedules {#sec-7052.0260 omnilex-key=us-mn-regs-official--agency-167--7052.0260}
**Subpart 1. Applicability.**
This part applies to the schedules of compliance in permits for new and existing dischargers for the standards and limitations developed in this chapter.
**Subp. 2. New dischargers.**
When a permit containing a WQBEL for a GLI pollutant is issued to a new discharger, the permittee must comply with such limitation upon commencement of the discharge. Compliance schedules must be included for new or more stringent WQBELs and for new or improved analytical methods or new lower quantification levels that are contained in any subsequently modified or reissued permit.
**Subp. 3. Existing dischargers.**
An existing permit that is reissued or modified, on or after March 9, 1998, to contain a new or more stringent WQBEL, a new or improved analytical method, or a new lower quantification level for a GLI pollutant must have a compliance schedule for the permittee to comply with that limitation. A compliance schedule may go beyond the term of the permit. The compliance schedule must not extend beyond five years from the date of permit issuance or modification.
When the compliance schedule goes beyond the term of the permit, an interim permit limitation effective upon the expiration date must be included in the permit and addressed in the permit's fact sheet or statement of basis. The administrative record for the permit must reflect the final limitation and its compliance date.
Where a schedule of compliance is established that exceeds one year from the permit issuance or modification date, the schedule must provide interim requirements and dates for their achievement. The time between interim dates may not exceed one year. If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit must require specific dates for annual submission of progress reports on the status of any interim requirements.
**Subp. 4. Tier II standard or criterion delayed effectiveness dates.**
Whenever a WQBEL for a GLI pollutant is based upon a Tier II standard or criterion and is included in a reissued or modified permit for an existing discharger, and studies are going to be conducted to generate sufficient data to revise the Tier II standard or criterion or develop a Tier I standard or criterion, the permit must provide a period of time, up to two years, in which to provide the additional studies. In such cases, the permit must require compliance with the Tier II limitation no later than five years after permit issuance or modification, and contain a reopener clause.
**Subp. 5. Revising WQBEL.**
The reopener clause identified in subpart 4 must authorize the agency to make permit modifications if additional data have been provided during the time allowed to provide the studies identified in subpart 4, and the permittee or a third party demonstrates through the studies that a revised WQBEL for a GLI pollutant is necessary due to a modification of a standard or criterion under subpart 4. The revised WQBEL must be incorporated through a permit modification and a compliance schedule of up to five years must be allowed. If incorporated prior to the compliance date of the original Tier II limitation, any revised WQBEL must not be considered less stringent for purposes of the antibacksliding provisions of section 402(o) of the Clean Water Act, United States Code, title 33, section 1342(o). If the specified studies have been completed and do not demonstrate the need to modify a standard or criterion under subpart 4, and therefore a revised WQBEL is not necessary, the agency must provide an additional time period, not to exceed five years, to achieve compliance with the original WQBEL. Where a permit is modified to include new or more stringent effluent limitations, on a date within five years of the permit expiration date, the compliance schedules may extend beyond the term of a permit consistent with subpart 3.
**Subp. 6. Decreasing stringency of WQBEL.**
If future studies, other than those conducted under subparts 4 and 5, result in a Tier II standard or criterion being changed to a less stringent Tier I or Tier II standard or criterion after the effective date of a Tier II-based WQBEL for that GLI pollutant, the existing Tier II-based WQBEL may be revised to be less stringent if the following provisions are met:
A. the revised WQBEL complies with section 402(o)(2) and (3) of the Clean Water Act, United States Code, title 33, section 1342(o)(2) and (3);
B. the revised WQBEL will ensure compliance with water quality standards and criteria in nonattainment waters; or
C. the revised WQBEL complies with antidegradation standards and implementation procedures in parts 7050.0250 to 7050.0335, 7052.0300, 7052.0310, 7052.0320, and 7052.0330 in attained waters.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 41 SR 545*
##### **Minn. R. 7052.0270** Site-Specific Water Quality Standards or Criteria {#sec-7052.0270 omnilex-key=us-mn-regs-official--agency-167--7052.0270}
**Subpart 1. Applicability.**
This part applies when a discharger requests a site-specific criterion or a site-specific modification to a standard, or the agency determines that a site-specific criterion or modification is necessary to protect endangered or threatened species under subpart 5, or highly exposed subpopulations under subpart 7. Site-specific criteria or modifications to standards must be protective of designated uses and aquatic life, wildlife, and human health. Site-specific criteria or modifications must be preceded by a site-specific study of the effects of local environmental conditions on aquatic life, human health, or wildlife toxicity, and how these effects relate to the calculation of standards or criteria. The study must be conducted according to the EPA methods in chapter 3 of the U.S. EPA Water Quality Standards Handbook, Second Edition (EPA-823-B-94-005a, August 1994), which is adopted and incorporated by reference in part 7052.0015, item G. The agency must approve the site-specific study and, upon approval, the agency must use the study data to develop each site-specific criterion or standard, which then must be submitted to EPA for approval.
**Subp. 2. Considerations for endangered and threatened species.**
The agency must apply the provisions in items A to C when modifying a standard or developing a site-specific criterion.
A. Any site-specific modifications that result in less stringent standards or site-specific criteria must not jeopardize the continued existence of endangered or threatened species listed or proposed under chapter 6134 or section 4 of the Endangered Species Act (ESA), United States Code, title 16, section 1533, or result in the destruction or adverse modification of such species' critical habitat.
B. More stringent modifications or site-specific criteria must be developed to protect endangered or threatened species listed or proposed under chapter 6134 or section 4 of the ESA where the water quality jeopardizes the continued existence of such species or results in the destruction or adverse modification of such species' critical habitat.
C. More stringent modifications or site-specific criteria must also be developed to protect candidate (C1) species being considered by the United States Fish and Wildlife Service for listing under section 4 of the ESA, where such modifications are necessary to protect such species.
**Subp. 3. Aquatic life.**
The agency must modify an aquatic life standard to a more stringent or less stringent site-specific standard, or determine a site-specific criterion, based upon the results of a site-specific study completed according to subpart 1 if the study demonstrates that:
A. the local water quality characteristics, such as pH, hardness, temperature, and color, alter the biological availability or toxicity of a GLI pollutant;
B. local physical and hydrological conditions exist that alter the toxicity of a GLI pollutant; or
C. the sensitivity of the aquatic organisms that occur at that site differs from the species actually used in developing the standards or criteria. The taxa that occur at the site cannot be determined merely by sampling downstream and/or upstream of the site at one point in time. The phrase "occur at the site" does not include taxa that were once present at the site but cannot exist at the site now due to permanent physical alteration of the habitat at the site. It does include the species, genera, families, orders, classes, and phyla that:
**Subp. 4. Wildlife.**
The agency must modify a wildlife standard to a more stringent or less stringent site-specific standard, or determine a site-specific criterion, based upon the results of a site-specific study completed according to subpart 1. More stringent site-specific water quality standards or criteria must be developed when a site-specific bioaccumulation factor (BAF) is derived which is higher than the systemwide BAF derived under part 7052.0110. Less stringent site-specific water quality standards or criteria must be developed when a site-specific BAF is derived which is lower than the systemwide BAF derived under part 7052.0110. The agency's modification evaluation must evaluate both the mobility of the prey organisms and wildlife populations in defining the site for which the criteria or modified standards are developed. In addition, for less stringent site-specific water quality standards or criteria to be applied in a permit there must be a demonstration by either the discharger or the agency that:
A. any increased uptake of the toxicant by prey species utilizing the site will not cause adverse effects in wildlife populations; and
B. wildlife populations utilizing the site or downstream surface waters of the state will continue to be fully protected.
**Subp. 5. Site-specific modifications to protect threatened or endangered species.**
The agency must modify both aquatic life and wildlife standards or develop criteria on a site-specific basis to protect threatened or endangered species where the water quality jeopardizes the continued existence of such species or results in the destruction or adverse modification of such species' critical habitat. The provisions in items A and B apply to site-specific standards or criteria to protect endangered or threatened species.
A. Site-specific modifications to aquatic life standards, or site-specific criteria, must be calculated by the agency when one of the following methods is applicable:
B. For any modifications to wildlife standards or criteria, the agency must evaluate both the mobility of prey organisms and wildlife populations in defining the site for which standards or criteria are developed and must use the following method to calculate site-specific standards or criteria:
**Subp. 6. Bioaccumulation factors.**
The agency must modify BAFs on a site-specific basis to larger values if data from the study approved under subpart 1 show that a bioaccumulation value derived from local bioaccumulation data is greater than the systemwide value. Site-specific BAFs must be derived using the GLI Guidance methodology referenced in part 7052.0110, subpart 3. The agency must modify BAFs on a site specific basis to lower values if:
A. the fraction of the total chemical freely dissolved in the ambient water is less than that used to derive the systemwide BAFs;
B. input parameters of the Gobas model, such as the input structure of the aquatic food web and the disequilibrium constant, are different at the site than those used to derive the systemwide BAFs;
C. the percent lipid of the aquatic organisms that are consumed and occur at the site is lower than that used to derive the systemwide BAFs; or
D. site-specific, field measured BAFs or biota-sediment accumulation factors are determined.
**Subp. 7. Human health.**
The agency must modify human health standards or determine criteria on a site-specific basis to provide additional protection necessary for highly exposed subpopulations. A subpopulation is highly exposed if the dosage of the GLI pollutant is greater for the subpopulation due to increased fish consumption rates, increased water ingestion rates, or an increased BAF. The agency must develop less stringent site-specific human health standards or criteria if the study approved under subpart 1 demonstrates that:
A. local fish consumption rates are lower than the rate used in deriving human health standards or criteria in part 7052.0110, subpart 4; or
B. a site-specific BAF is derived under subpart 6 which is lower than that used in deriving human health standards or criteria in part 7052.0110, subpart 4.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466*
##### **Minn. R. 7052.0280** Variances from Water Quality Standards {#sec-7052.0280 omnilex-key=us-mn-regs-official--agency-167--7052.0280}
**Subpart 1. Applicability.**
This part applies to GLI pollutant-specific variance requests from individual point source dischargers to surface waters of the state in the Lake Superior basin for WQBELs which are included in a permit. This part does not apply to new dischargers, unless the proposed discharge is necessary to alleviate an imminent and substantial danger to public health and welfare. To be eligible for a water quality standards variance, the permittee must demonstrate to the agency that the permittee has met the following conditions:
A. the variance would not jeopardize the continued existence of any endangered or threatened species listed under chapter 6134 or section 4 of the Endangered Species Act, United States Code, title 16, section 1533, or result in destruction or adverse modification of such species' critical habitat;
B. standards will not be attained by implementing effluent limitations required under sections 301(b) and 306 of the Clean Water Act, United States Code, title 33, sections 1311(b) and 1316, and by the permittee implementing cost-effective and reasonable best management practices for nonpoint sources under the permittee's control as established under state authority; and
C. the variance would not remove an existing use.
**Subp. 2. Term.**
A variance must not exceed five years or the term of the permit, whichever is less.
**Subp. 3. Conditions for approval.**
Before a variance can become effective, the variance must be submitted to and approved by the United States Environmental Protection Agency in accordance with section 303(c) of the Clean Water Act and Code of Federal Regulations, title 40, sections 131.20 and 131.21. To be eligible for a preliminary determination by the agency to grant the variance, the permittee must:
A. demonstrate to the agency that attaining the water quality standard is not feasible because:
B. show that the variance conforms with parts 7050.0250 to 7050.0335;
C. characterize the extent of any increased risk to human health and the environment associated with granting the variance, such that the agency is able to conclude that any increased risk is consistent with the protection of the public health, safety, and welfare; and
D. show sufficient information to allow the agency to determine the water quality currently attained and the interim numeric effluent conditions that reflect the highest attainable conditions for a permittee during the term of the variance.
**Subp. 4. Submittal and notice requirements.**
Variance application submittal, public notice of the agency's preliminary determination to grant the variance, and notice requirements must conform to part 7000.7000.
**Subp. 5. Agency final decision; variance requirements.**
The agency must make a final decision regarding the variance request that conforms to the procedural requirements in part 7000.7000. The agency must hold at least one meeting that meets the minimum public participation requirements in Code of Federal Regulations, title 40, section 25.5, before the agency makes a final decision on the variance request. If the agency grants the variance and the variance is approved by the United States Environmental Protection Agency, the permit issued by the agency must include and incorporate the following variance terms and conditions:
A. an effluent limitation representing currently achievable treatment conditions based on discharge monitoring or projected effluent quality. If the variance is being considered for renewal, the effluent limitation must be no less stringent than that achieved under the previous permit;
B. a schedule of compliance activities to improve water quality and move toward attainment of the underlying water quality standard;
C. an effluent limitation sufficient to meet the underlying water quality standard;
D. a provision allowing the agency to reopen and modify the permit based on agency triennial water quality standards revisions applicable to the variance; and
E. for BCCs, a GLI pollutant minimization program consistent with part 7052.0250, subpart 4.
**Subp. 6. Renewal.**
To be eligible for renewal of a variance, the permittee is subject to the requirements of subparts 1 to 5.
**Subp. 7. Listing.**
The agency shall advise the United States Environmental Protection Agency of variances granted by the agency under this part, together with information as to the need for the variance. The agency must list all variances to state water quality standards as required in part 7050.0190, subpart 2.
**Subp. 8. Public notice and review.**
The agency shall provide public notice and review all variances currently in effect as required in part 7050.0190, subpart 9. Variances from discharge effluent limits and treatment requirements are granted by the agency under parts 7000.7000 and 7053.0195.
**History**
- *Statutory Authority: MS s 115.03; 115.44; 116.07*
- *History: 22 SR 1466; 41 SR 463; 41 SR 545*
##### **Minn. R. 7052.0300** Antidegradation Standards {#sec-7052.0300 omnilex-key=us-mn-regs-official--agency-167--7052.0300}
**Subpart 1. Applicability.**
This part and parts 7050.0250 to 7050.0335 establish the antidegradation standards and implementation procedures for surface waters of the state in the Lake Superior basin. For the purposes of this part and parts 7052.0310 to 7052.0330, lowering of water quality means a new or expanded point source discharge of a BSIC to an outstanding international resource water, or a new or expanded point or nonpoint source discharge, for which there is a control document, of a BCC to a high quality water. The antidegradation standards established in this part and parts 7050.0250 to 7050.0335 for surface waters of the state in the Lake Superior basin apply as follows:
A. Parts 7052.0300 to 7052.0330 apply to the following discharges:
B. Parts 7050.0250 to 7050.0335 apply to new or expanded discharges of any pollutant to surface waters.
**Subp. 2. Maintenance of existing water quality.**
Existing water uses under parts 7050.0250 to 7050.0335 and the level of water quality necessary to protect existing uses must be maintained and protected. Where designated uses of the water body are impaired, there must be no lowering of the water quality with respect to the GLI pollutants causing the impairment.
**Subp. 3. Outstanding international resource waters.**
All surface waters of the state in the Lake Superior basin, other than class 7 waters and designated ORVWs as described in parts 7050.0460 and 7050.0470, are designated as OIRWs. Any new or expanding point source discharge of a BSIC to an OIRW must comply with the implementation requirements of part 7052.0310 and the demonstration requirements of part 7052.0320, subparts 2 and 3.
**Subp. 4. High quality waters.**
Where, for any individual BCC, the water quality of an OIRW is better than the quality necessary to support the propagation of fish, shellfish, and wildlife and recreation in and on the water, that water shall be considered high quality for that BCC and the quality must be maintained and protected under the implementation and demonstration requirements of parts 7052.0310 and 7052.0320. On a pollutant-specific basis, the agency shall allow a lowering of water quality if it determines the lowering of water quality is necessary to accommodate important economic or social development in the area in which the water is located, in accordance with part 7052.0310, subpart 3. If a lowering of water quality is allowed, existing and designated uses must be fully protected.
**Subp. 5. Thermal discharges.**
The agency's antidegradation determination associated with a potential lowering of water quality due to a thermal discharge must be consistent with section 316 of the Clean Water Act, United States Code, title 33, section 1326.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 41 SR 545*
##### **Minn. R. 7052.0310** Antidegradation Implementation {#sec-7052.0310 omnilex-key=us-mn-regs-official--agency-167--7052.0310}
**Subpart 1. Applicability.**
This part identifies the implementation requirements for new and expanded discharges of BSICs to OIRWs and of BCCs to high quality waters.
**Subp. 2. Outstanding international resource waters.**
Actions or activities that result in a new or expanded point source discharge of a BSIC to an OIRW are prohibited unless the agency has received and approved an antidegradation demonstration that meets the requirements of part 7052.0320, subparts 2 and 3, including an identification of the best technology in process and treatment to be employed by the discharger at the facility. Subpart 4 lists the types of actions or activities that may trigger an antidegradation demonstration, and subpart 5 lists actions and activities that do not trigger an antidegradation demonstration.
**Subp. 3. High quality waters.**
On a pollutant-specific basis, actions or activities that result in a new or expanded point or nonpoint source discharge of an individual BCC to a surface water of the state in the Lake Superior basin designated under part 7052.0300, subpart 4, as a high quality water for that BCC are prohibited unless the agency has received and approved an antidegradation demonstration that meets the requirements of part 7052.0320, subpart 2. New or expanded point source discharges of BSICs must also meet the requirements of part 7052.0320, subpart 3. This subpart only applies to dischargers for which there is a control document. Subpart 4 lists the types of actions or activities that may trigger an antidegradation demonstration, and subpart 5 lists actions and activities that do not trigger an antidegradation demonstration.
**Subp. 4. Antidegradation demonstration triggers.**
The following actions or activities require an antidegradation demonstration if they result in a new or expanded point source discharge of a BSIC to an OIRW, or a new or expanded point or nonpoint source discharge, for which there is a control document, of a BCC to a high quality water:
A. construction of a new facility or modification of an existing facility such that a new or modified control document is required;
B. modification of an existing facility operating under a current control document such that the production capacity of the facility is increased;
C. addition of a new source of untreated or pretreated effluent containing or expected to contain any BCC to an existing wastewater treatment works, whether public or private;
D. a request for an increased limitation in an applicable control document; or
E. other discharger-induced actions or activities that, based on the information available, could be reasonably expected to result in an increased loading of any BCC to any surface waters of the state in the Lake Superior basin.
**Subp. 5. Actions and activities that do not trigger antidegradation demonstration.**
The actions and activities in items A to E do not require an antidegradation demonstration.
A. Changes in loading of any BCC within the existing capacity and processes covered by an applicable control document. These changes include:
B. New or expanded discharges of a BCC when the facility withdraws intake water containing the BCC from the same body of water as defined in part 7052.0220, subpart 6, and the new or expanded discharge of the BCC is due solely to the presence of the BCC in the intake.
C. New or expanded discharges of noncontact cooling water that will not result in an increased loading of a BCC.
D. Increasing the sewage loading to an existing, publicly owned wastewater treatment works provided that the increase is within the permitted design flow of the facility, there is no increased loading of BCCs from industrial and other wastes, and no significant change is expected in the characteristics of the wastewater discharged.
E. New or expanded discharges of construction or industrial stormwater subject to a general NPDES permit.
**Subp. 6. Notification.**
The control document regulating the discharge of any BCC, including BSICs, from point and nonpoint sources must include a requirement that the discharger notify the agency of any increased loadings of BCCs where the increase is above normal variability. The control document must also include a monitoring requirement for any BCC known or believed to be present in the discharge. Notification is not required for the exemptions in subpart 7.
**Subp. 7. Exemptions.**
Except when the agency determines on a case-by-case basis that the application of subparts 1 to 6 is required to adequately protect water quality, the procedures of this part do not apply to:
A. actions or activities resulting in a short-term, as in weeks or months, temporary lowering of water quality;
B. bypasses that are not prohibited by Code of Federal Regulations, title 40, section 122.41, paragraph (m); and
C. response actions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, Minnesota Statutes, chapter 115B or 115C, or similar federal authorities undertaken to alleviate a release into the environment of hazardous substances, pollutants, or contaminants which may pose an imminent and substantial danger to the public health or welfare.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 41 SR 545*
##### **Minn. R. 7052.0320** Antidegradation Demonstration {#sec-7052.0320 omnilex-key=us-mn-regs-official--agency-167--7052.0320}
**Subpart 1. Applicability.**
For surface waters of the state designated as OIRWs under part 7052.0300, subpart 3, and high quality waters under part 7052.0300, subpart 4, the procedures in items A and B must be followed to fulfill the antidegradation requirements of part 7052.0310, subparts 2 and 3.
A. Any discharger, for which there is a control document, proposing a new or expanded discharge of a BCC from a point or nonpoint source to a water designated under part 7052.0300, subpart 3, as a high quality water for that BCC must complete the requirements in subpart 2. If the discharger is proposing a new or expanded point source discharge of a BSIC, the requirements of subpart 3 must also be completed.
B. Any discharger proposing a new or expanded point source discharge of a BSIC to an OIRW must complete the requirements in subparts 2 and 3.
**Subp. 2. Demonstration elements.**
The actions in items A to C must be completed by the discharger to provide a complete antidegradation demonstration.
A. Identify any available cost-effective pollution prevention alternatives and techniques that would eliminate or reduce the extent to which the increased loading results in a lowering of water quality.
B. Identify available cost-effective alternative or enhanced treatment techniques, beyond best available technology economically achievable, that would eliminate the lowering of water quality, and their costs relative to the cost of treatment necessary to achieve compliance with effluent limitations.
C. Identify the economic or social development and the benefits to the area in which the waters are located that will not occur if the lowering of water quality is not allowed. In lieu of items A to C, entities proposing remedial actions pursuant to the CERCLA, as amended, corrective actions pursuant to the Resource Conservation and Recovery Act, as amended, or similar actions pursuant to other federal or state environmental statutes must submit information to the agency that demonstrates that the action utilizes the most cost-effective pollution prevention and treatment techniques available, and minimizes the necessary lowering of water quality.
**Subp. 3. Best technology in process and treatment analysis.**
Dischargers proposing new or expanded loadings of BSICs in their discharge to OIRW-designated waters must provide an analysis of best technology in process and treatment (BTPT) to eliminate or reduce the extent of the new or expanded discharge in lieu of the requirements of subpart 2, item B. If the agency determines that the technologies under section 301 of the Clean Water Act, United States Code, title 33, section 1311, meet the provisions of this part, then these technologies are equivalent to BTPT. When evaluating the BTPT analysis, the agency will encourage innovative BTPT technologies. The BTPT analysis must comply with the requirements in items A to E.
A. The BTPT analysis must evaluate the opportunities and technologies the discharger has to reduce loadings and minimize the generation of BSICs including pollution prevention, minimization and toxics reduction, and state-of-the-art or advanced process technologies. The preferred opportunity or technology choice to reduce the generation and loadings of BSICs is pollution prevention, minimization, and toxics reduction.
B. The BTPT analysis must evaluate the effects of the transfer of pollutants to other media in addition to water as a result of the implementation of a process technology, pollution prevention technique, or treatment technology used to implement BTPT.
C. If a multiple BSIC discharge exists, the BTPT analysis must identify BTPT for each BSIC in the discharge. If the identified BTPT technologies are not compatible and, if implemented together, cannot minimize or treat each BSIC to levels that would be achieved if the individual BTPT technologies was implemented alone, a GLI pollutant minimization program must be implemented according to part 7052.0250, subpart 4.
D. BSICs subject to a BTPT analysis must be assumed to be present in the discharge if there is evidence of their presence at the facility in internal processes or internal waste streams, even if the effluent concentration is below analytical detection levels.
E. The BTPT proposed must be the most advanced technology available, viable in the marketplace, and compatible with existing processes where facility modifications or process technology changes are proposed.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 41 SR 545*
##### **Minn. R. 7052.0330** Antidegradation Decision {#sec-7052.0330 omnilex-key=us-mn-regs-official--agency-167--7052.0330}
Once the agency determines that the information provided by the discharger proposing a new or expanding discharge is complete, the agency must use that information to determine:
A. whether the lowering of water quality is necessary because the agency determines there is no pollution prevention or alternative technology available that would avoid the lowering of water quality; and
B. if the lowering of water quality is necessary, whether or not it will support important social and economic development in the area. If the proposed lowering of water quality is either unnecessary because of pollution prevention or alternative technology availability, or will not support important social and economic development, the agency must deny the request to lower water quality. If the lowering of water quality is necessary, and it will support important social and economic development, the agency must allow that part of the proposed lowering necessary to accommodate the important social and economic development, except that the agency must not allow water quality to be lowered below the minimum level required to fully support existing and designated uses. The preliminary decision of the agency is subject to the public notice requirements under chapter 7001. If BTPT is required under part 7052.0310, subpart 2, for a new or expanded point source discharge of a BSIC to an OIRW, the agency must review and approve the BTPT analysis and require the discharger to install and use the BTPT. The preliminary decision of the agency is subject to the public notice requirements under chapter 7001.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466; 41 SR 545*
##### **Minn. R. 7052.0350** Bioaccumulative Chemicals of Concern {#sec-7052.0350 omnilex-key=us-mn-regs-official--agency-167--7052.0350}
List of Bioaccumulative Chemicals of Concern (BCCs) (* indicates those BCCs that are BSICs):
A. Chlordane*;
B. DDT and metabolites (4,4'-DDD; p,p'-DDD; 4,4'-TDE; p,p'-TDE; 4,4'-DDE; p,p'-DDE; 4,4'-DDT; p,p'-DDT)*;
C. Dieldrin*;
D. Hexachlorobenzene*;
E. Hexachlorobutadiene (hexachloro-1,3-butadiene);
F. Hexachlorocyclohexanes (BHCs);
G. alpha-Hexachlorocyclohexane (alpha-BHC);
H. beta-Hexachlorocyclohexane (beta-BHC);
I. delta-Hexachlorocyclohexane (delta-BHC);
J. Lindane; gamma-Hexachlorocyclohexane (gamma-BHC);
K. Mercury*;
L. Mirex;
M. Octachlorostyrene*;
N. PCBs (polychlorinated biphenyls)*;
O. Pentachlorobenzene;
P. Photomirex;
Q. 2,3,7,8-TCDD (dioxin)*;
R. 1,2,3,4-Tetrachlorobenzene;
S. 1,2,4,5-Tetrachlorobenzene; and
T. Toxaphene*.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466*
##### **Minn. R. 7052.0360** Metal Conversion Factors {#sec-7052.0360 omnilex-key=us-mn-regs-official--agency-167--7052.0360}
*Conversion factors for cadmium and lead are hardness dependent. The values shown are for a hardness of 100 mg/L as calcium carbonate (CaCO3). The methods for determining the conversion factors for cadmium and lead given the hardness are as follows:
Cadmium
Acute: Conversion Factor (CF) = 1.136672 - [ln (hardness) (0.041838)]
Chronic: CF = 1.101672 - [ln (hardness) (0.041838)]
Lead
Acute and Chronic: CF = 1.46203 - [ln (hardness) (0.145712)]
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466*
##### **Minn. R. 7052.0370** Reasonable Potential Multiplying Factors {#sec-7052.0370 omnilex-key=us-mn-regs-official--agency-167--7052.0370}
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466*
##### **Minn. R. 7052.0380** Toxicity Equivalency Factors (tefs) and Bioaccumulation Equivalency Factors (befs) for Cdds and Cdfs {#sec-7052.0380 omnilex-key=us-mn-regs-official--agency-167--7052.0380}
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 22 SR 1466*
## **Chapter 7053** STATE WATERS DISCHARGE RESTRICTIONS
##### **Minn. R. 7053.0115** Scope {#sec-7053.0115 omnilex-key=us-mn-regs-official--agency-167--7053.0115}
Parts 7053.0135 to 7053.0405 apply to all discharges of sewage, industrial, and other wastes to all waters of the state, both surface and underground. This chapter applies to point source and nonpoint source discharges. Other regulations of general or specific application that include any more stringent effluent limits or prohibitions are preserved.
Water quality standards applicable to waters of the state are in chapter 7050. Water quality standards applicable to waters in the Lake Superior basin are in chapter 7052.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699*
##### **Minn. R. 7053.0135** General Definitions {#sec-7053.0135 omnilex-key=us-mn-regs-official--agency-167--7053.0135}
**Subpart 1. Scope.**
For purposes of this chapter, the following terms have the meanings given them.
**Subp. 2. Terms defined in statute.**
The terms "waters of the state," "point source," "sewage," "industrial wastes," and "other wastes," as well as any other terms for which definitions are given in the pollution control statutes, have the meanings given them in Minnesota Statutes, sections 115.01 and 115.41, with the exception that disposal systems or treatment works operated under permit or certificate of compliance of the agency are not "waters of the state."
**Subp. 3. Seven-day ten-year low flow or 7Q10.**
A. "Seven-day ten-year low flow" or "7Q10" means the lowest average seven-day flow with a once in ten-year recurrence interval. A 7Q10 is derived by identifying the lowest average flow for a seven-consecutive-day period from daily flow records for each year of record, from a continuous flow gauging station. The seven-day average low flow values for each year are arrayed in order of magnitude and fitted to a probability distribution. The 7Q10 is the stream or river flow that is equal to or exceeded by 90 percent of the values in the distribution.
B. The period of record for determining the specific flow for the stated recurrence interval, where records are available, shall include at least the most recent ten years of record, including flow records obtained after establishment of flow regulation devices, if any. Where stream flow records are not available, the flow may be estimated on the basis of available information on the watershed characteristics, precipitation, runoff, and other relevant data. The calculations shall not be applied to lakes and their embayments which have no comparable flow recurrence interval.
**Subp. 4. Thirty-day ten-year low flow or 30Q10.**
"Thirty-day ten-year low flow" or "30Q10" means the lowest average 30-day flow with a once in ten-year recurrence interval. A 30Q10 is derived using the same methods used to derive a 7Q10, and the guidelines regarding period of record for flow data and estimating a 7Q10 apply equally to determining a 30Q10, as described in subpart 3. The calculations shall not be applied to lakes and their embayments which have no comparable flow recurrence interval.
**Subp. 4a. 122-day ten-year low flow or 122Q10.**
"122-day ten-year low flow" or "122Q10" means the lowest average 122-day flow with a once-in-ten-year recurrence interval. A 122Q10 is derived using the same methods used to derive a 7Q10, and the guidelines regarding period of record for flow data and estimating a 7Q10 apply equally to determining a 122Q10, as described in subpart 3.
**Subp. 5. Commissioner.**
"Commissioner" means the commissioner of the Pollution Control Agency or the commissioner's designee.
**Subp. 5a. Control document.**
"Control document" has the meaning given in part 7050.0255, subpart 10.
**Subp. 6. Effluent limit.**
The terms "effluent limit" (equals "effluent limitation"), "point source," and "national pollutant discharge elimination system" have the meanings given them in part 7001.1020.
**Subp. 7. Nonpoint source.**
"Nonpoint source" means a land management or land use activity that contributes or may contribute to ground and surface water pollution as a result of runoff, seepage, or percolation and that is not defined as a point source under Minnesota Statutes, section 115.01, subdivision 11.
**Subp. 8. Physical alteration.**
"Physical alteration" means the dredging, filling, draining, or permanent inundating of a wetland. Restoring a degraded wetland by reestablishing its hydrology is not a physical alteration.
**Subp. 9. Surface waters.**
"Surface waters" means waters of the state, excluding groundwater as defined in Minnesota Statutes, section 115.01, subdivision 6.
**Subp. 10. Other terms.**
Other terms and abbreviations used in this chapter that are not specifically defined in applicable federal or state law must be construed in conformance with the context, in relation to the applicable section of the statutes pertaining to the matter, and current professional usage.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699; 46 SR 5*
##### **Minn. R. 7053.0155** Determination of Compliance {#sec-7053.0155 omnilex-key=us-mn-regs-official--agency-167--7053.0155}
In making tests or analyses of the waters of the state, sewage, industrial wastes, or other wastes to determine water quality condition and compliance with effluent limits and nonpoint source reduction measures, samples must be collected in a manner and place, and of such type, number, and frequency, as may be considered necessary by the agency to adequately reflect the condition of the waters, the composition of the effluents, and the effects of the pollutants upon the uses specified in part 7050.0140. The samples must be collected, preserved, and analyzed following accepted quality control and quality assurance methods and according to the procedures in Code of Federal Regulations, title 40, part 136. The agency may accept or may develop other methods, procedures, guidelines, or criteria for collecting and analyzing effluent samples and measuring water quality characteristics.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699*
##### **Minn. R. 7053.0195** Variance from Discharge Effluent Limits or Treatment Requirements {#sec-7053.0195 omnilex-key=us-mn-regs-official--agency-167--7053.0195}
**Subpart 1. Applicability.**
A variance under this part is a temporary change in a discharge effluent limit or treatment requirement for a specified pollutant that reflects the highest attainable conditions for a permittee during the term of the variance. This part applies to variance requests from individual point source discharges to surface waters of the state for any provision of this chapter that is included in a permit. To be eligible for a variance from a discharge effluent limit or treatment requirement, the permittee must demonstrate to the agency that the permittee has met the conditions specified in part 7050.0190, subpart 1, items A to C.
**Subp. 2. Listing.**
The agency shall advise the United States Environmental Protection Agency of variances granted by the agency under this part, together with information as to the need for the variance. The agency must list all variances as required in part 7050.0190, subpart 2.
**Subp. 3.**
[Repealed, 41 SR 463]
**Subp. 4. Conditions for approval.**
To be eligible for a preliminary determination by the agency to grant the variance, the permittee must meet the conditions specified in part 7050.0190, subpart 4, items A to D.
**Subp. 5. Submittal and notice requirements.**
Variance application submittal, public notice of the agency's preliminary determination to grant the variance, and notice requirements must conform to part 7000.7000.
**Subp. 6. Agency final decision; variance requirements.**
The agency must make a final decision regarding the variance request that conforms to the procedural requirements in part 7000.7000. If the agency grants the variance, the permit issued by the agency must include and incorporate the terms and conditions of the variance specified in part 7050.0190, subpart 6.
**Subp. 7. Renewal.**
To be eligible for renewal of a variance, the permittee is subject to the requirements of subparts 1 to 6.
**Subp. 8. Term and expiration.**
The terms and conditions of a variance from a discharge effluent limit or treatment requirement are included and incorporated in the permit issued by the agency. The term of a variance must only be as long as necessary to achieve the highest attainable condition. For a variance with the term greater than five years, only if requested in writing by the permittee, the agency shall reevaluate the variance every five years in accordance with Code of Federal Regulations, title 40, section 131.14 (b)(1)(v) and (vi), as provided by the Federal Register, volume 80, page 51048. If the permittee does not request a reevaluation, the variance expires at the end of the five-year period.
**Subp. 9. Public notice and review.**
The agency shall provide public notice and review all variances currently in effect as required in part 7050.0190, subpart 9. Variances from water quality standards are granted by the agency under parts 7000.7000, 7050.0190, and 7052.0280.
**History**
- *Statutory Authority: MS s 115.03; 115.44; 116.07*
- *History: 32 SR 1699; 41 SR 463*
##### **Minn. R. 7053.0205** General Requirements for Discharges to Waters of the State {#sec-7053.0205 omnilex-key=us-mn-regs-official--agency-167--7053.0205}
**Subpart 1. Untreated sewage.**
No untreated sewage may be discharged into any waters of the state. Effective disinfection of any discharges, including combined flows of sewage and stormwater, shall be required when necessary to protect the specified uses of the waters of the state.
**Subp. 2. Nuisance conditions prohibited.**
No sewage, industrial waste, or other wastes may be discharged from either point or nonpoint sources into any waters of the state so as to cause any nuisance conditions, such as the presence of significant amounts of floating solids, scum, visible oil film, excessive suspended solids, material discoloration, obnoxious odors, gas ebullition, deleterious sludge deposits, undesirable slimes or fungus growths, aquatic habitat degradation, excessive growths of aquatic plants, or other offensive or harmful effects.
**Subp. 3. Inadequate treatment.**
Existing discharges of inadequately treated sewage, industrial waste, or other wastes shall be abated, treated, or controlled so as to comply with the applicable limits. Separation of sanitary sewage from natural runoff may be required when necessary to ensure continuous effective treatment of sewage.
**Subp. 4. Highest levels of effluent quality.**
The highest levels of effluent quality, including, but not limited to, five-day carbonaceous biochemical oxygen demand, that are attainable through continuous operation at the maximum capability of all primary and secondary units of treatment works or their equivalent, discharging effluents into the waters of the state, must be maintained in order to enhance conditions for the specified uses.
**Subp. 5. Mixing zones and compliance with water quality standards.**
A. Reasonable allowance must be made for dilution of the effluents that are in compliance with this chapter, following discharge into waters of the state. The agency, by allowing dilution, shall consider the effect on all uses of the waters of the state into which the effluents are discharged. The extent of dilution allowed regarding any specific discharge as specified in subpart 7 must not violate the applicable water quality standards in chapters 7050 and 7052, including the antidegradation requirements contained in those chapters. This subpart also applies in cases where a Class 7 water is tributary to a Class 2 water.
B. Means for expediting mixing and dispersion of sewage, industrial waste, or other waste effluents in the receiving waters must be provided so far as practicable when deemed necessary by the agency to maintain the quality of the receiving waters according to chapters 7050 and 7052.
C. Mixing zones must be established by the agency on an individual basis, with primary consideration being given to the following guidelines:
**Subp. 6. Other requirements preserved.**
The requirements of this chapter, and specifically the requirements in parts 7053.0215 and 7053.0225, are in addition to any requirement imposed on a discharge by the Clean Water Act, United States Code, title 33, sections 1251 et seq., and its implementing regulations. In the case of a conflict between the requirements of this chapter, chapters 7050 and 7052, and the requirements of the Clean Water Act or its implementing regulations, the more stringent requirement controls.
**Subp. 7. Minimum stream flow.**
A. Except as provided in items B to E, discharges of sewage, industrial waste, or other wastes must be controlled so that the water quality standards are maintained at all stream flows that are equal to or greater than the 7Q10 for the critical month or months.
B. Discharges of ammonia in sewage, industrial waste, or other wastes must be controlled so that the ammonia water quality standard is maintained at all stream flows that are equal to or exceeded by the 30Q10 for the critical month or months.
C. Discharges of total phosphorus in sewage, industrial waste, or other wastes must be controlled so that the eutrophication water quality standard is maintained for the long-term summer concentration of total phosphorus, when averaged over all flows, except where a specific flow is identified in chapter 7050. When setting the effluent limit for total phosphorus, the commissioner shall consider the discharger's efforts to control phosphorus as well as reductions from other sources, including nonpoint and runoff from permitted municipal stormwater discharges.
D. Discharges of sewage, industrial waste, or other wastes must be controlled at the point where water is withdrawn for irrigation, so that the irrigation water quality standards in part 7050.0224, subpart 2, are maintained at all stream flows that are equal to or greater than the 122Q10 calculated from flows during the growing season (June through September).
E. Discharges of sewage, industrial waste, or other wastes must be controlled at the point where water is withdrawn for industrial consumption, so that the industrial water quality standard in part 7050.0223, subpart 2, is maintained at all flows at or above the specified low flows considered under Minnesota Statutes, section 103G.285, subdivision 2, for consumptive appropriations.
F. Allowance must not be made in the design of treatment works for low stream flow augmentation unless the flow augmentation of minimum flow is dependable and controlled under applicable laws or regulations.
**Subp. 8. Water-quality-based effluent limits.**
Notwithstanding parts 7053.0235 and 7053.0245, the agency may require a specific discharger to meet effluent limits for specific pollutants or whole effluent toxicity that are necessary to maintain the water quality of the receiving water at the standards established in chapters 7050 and 7052, including the antidegradation requirements contained in those chapters. Any effluent limit determined to be necessary under this subpart and part 7053.0235 may only be required of a discharger after the discharger has been given notice of the specific effluent limits and an opportunity for public hearing, provided that compliance with the requirements of chapter 7001 regarding notice of national pollutant discharge elimination system and state disposal system permits satisfies the notice and opportunity for hearing requirements of this subpart.
**Subp. 9. Water-quality-standard-based ammonia effluent limits.**
For the purpose of establishing limits to meet the ammonia water quality standard, a statistic that estimates the central value, such as the mean or median, for ambient pH and temperature of the receiving water for the critical months must be used.
**Subp. 9a. Water-quality-standard-based TSS effluent limits.**
A. When the agency establishes effluent limits to meet a total suspended solids (TSS) water quality standard and the water quality standard of the receiving water is:
B. The WQBEL shall be determined by considering all of the individual suspended solids data points collected during the period for which the standard is designed to be protective. WQBEL calculations shall also consider the flow and TSS concentrations observed in the receiving water during the corresponding time period. WQBEL is expressed as long-term, 90th percentile values (for example, April to September) to ensure protection during the time period the standard is designed to protect.
**Subp. 10. Alternative waste treatment.**
After providing an opportunity for public hearing, the agency shall accept effective loss prevention, water conservation measures, or process changes or other waste control measures or arrangements if it finds that the measures, changes, or arrangements are equivalent to the waste treatment measures required for compliance with applicable effluent or water quality standards or load allocations.
**Subp. 11. Liquid substances.**
Liquid substances that are not commonly considered to be sewage or industrial waste, but that could constitute a pollution hazard, must be stored according to chapter 7151. Other wastes as defined by law or other substances that could constitute a pollution hazard, including substances from nonpoint sources and households, must not be deposited in any manner such that the same may be likely to gain entry into any waters of the state in excess of or contrary to any of the standards in this chapter and chapters 7050 and 7052 or cause pollution as defined by law.
**Subp. 12. Point source dischargers; report to agency.**
All persons operating or responsible for sewage, industrial waste, or other waste disposal systems that are adjacent to or that discharge effluents to waters of the state shall submit a report to the agency upon request on the operation of the disposal system, the effluent flow, and the characteristics of the effluents and receiving waters. Sufficient data on measurements, observations, sampling, and analyses, and other pertinent information must be furnished as may be required by the agency to adequately evaluate the condition of the disposal system, the effluent, and the waters receiving or affected by the effluent.
**Subp. 13. Compliance with permit conditions.**
A person who is in compliance with the terms and conditions of the person's permit issued under chapter 7001 must not be deemed in violation of any water quality standard in chapters 7050 and 7052 for which a corresponding effluent limit is established in the permit. However, exceedances of the water quality standards in a receiving water constitutes grounds for modification of a permit for any discharger to the receiving water who is causing or contributing to the exceedances. Chapter 7001 governs the modification of any such permit.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699; 39 SR 154; 32 SR 1699; 39 SR 154; 41 SR 545; 46 SR 5*
##### **Minn. R. 7053.0215** Requirements for Point Source Discharges of Sewage {#sec-7053.0215 omnilex-key=us-mn-regs-official--agency-167--7053.0215}
**Subpart 1. Minimum secondary treatment for municipal point source and other point source dischargers of sewage.**
The agency shall require secondary treatment as a minimum for all municipal point source dischargers and other point source dischargers of sewage. For purposes of this part, "municipal" has the adjective meaning of municipality as defined in part 7001.1020, subpart 18. "Secondary treatment facilities" means works that will provide effective sedimentation, biochemical oxidation, and disinfection, or the equivalent, including effluents conforming to the following:
*The arithmetic mean for concentrations of five-day carbonaceous biochemical oxygen demand and total suspended solids shall not exceed the stated values in any calendar month. In any calendar week, the arithmetic mean for concentrations of five-day carbonaceous biochemical oxygen demand shall not exceed 40 milligrams per liter and total suspended solids shall not exceed 45 milligrams per liter.
**Disinfection of wastewater effluents to reduce the levels of fecal coliform organisms to the stated value is required from April 1 through October 31 for Class 2 waters and May 1 through October 31 for Class 7 waters, except that where the effluent is discharged 25 miles or less upstream of a water intake supplying a potable water system, the reduction to the stated value is required all year. The stated value is not to be exceeded in any calendar month as determined by the geometric mean of all the samples collected in a given calendar month. The application of the fecal coliform group organism limit is limited to sewage or other effluents containing admixtures of sewage and do not apply to industrial wastes, except when the presence of sewage, fecal coliform organisms, or viable pathogenic organisms in such wastes is known or reasonably certain. Analysis of samples for fecal coliform group organisms by either the multiple tube fermentation or the membrane filter techniques is acceptable.
**Subp. 2. Exception for existing trickling filter facilities.**
A. The secondary treatment effluent limits in subpart 1, for five-day carbonaceous biochemical oxygen demand and total suspended solids, do not apply to municipal point source dischargers and other point source dischargers of sewage that meet all of the following conditions:
B. For those municipal point source dischargers and other point source dischargers of sewage that meet the conditions of item A, the following effluent limits for five-day carbonaceous biochemical oxygen demand and total suspended solids apply as the arithmetic mean of all samples collected during a calendar month. *In any calendar week, the arithmetic mean for five-day carbonaceous biochemical oxygen demand shall not exceed 60 milligrams per liter. **The arithmetic mean for any calendar week shall not exceed 65 milligrams per liter for total suspended solids.
C. The other effluent limits in subpart 1 apply to those municipal point source dischargers and other point source dischargers of sewage whose limits for five-day carbonaceous biochemical oxygen demand and total suspended solids are established by this subpart.
**Subp. 3. Exception for pond facilities.**
A. The secondary treatment effluent limits in subpart 1 for total suspended solids do not apply to municipal point source dischargers and other point source dischargers of sewage that operate stabilization ponds or aerated ponds as the principal method of biologically treating the wastewater.
B. For such treatment works, the effluent limit for total suspended solids for a discharge from the pond is as follows: *The arithmetic mean for any calendar week shall not exceed 65 milligrams per liter for total suspended solids.
C. The other effluent limits in subpart 1 apply to those municipal point source dischargers and other point source dischargers of sewage whose limits for total suspended solids are established by this subpart.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699*
##### **Minn. R. 7053.0225** Requirements for Point Source Discharges of Industrial or Other Wastes {#sec-7053.0225 omnilex-key=us-mn-regs-official--agency-167--7053.0225}
**Subpart 1. Applicable effluent limits.**
Any person discharging industrial or other wastes from a point source shall comply with the requirements in items A to C.
A. Point source dischargers of industrial or other wastes must comply with all applicable federal standards adopted by the United States Environmental Protection Agency under sections 301, 306, and 307 of the Clean Water Act, United States Code, title 33, sections 1311, 1316, and 1317. Code of Federal Regulations, title 40, parts 401 through 469, are incorporated by reference.
B. If effluent limits for five-day carbonaceous biochemical oxygen demand, total suspended solids, pH, or oil are not established by the federal standards under item A for any point source discharger of industrial or other wastes, the point source discharger shall comply with the effluent limits for those substances established in part 7053.0215, subpart 1, or with such other equivalent mass limits established under part 7053.0205, subpart 8, if applicable.
C. Point source dischargers of industrial or other wastes shall comply with all additional effluent limits established by the agency in any permit proceeding for that discharger through application of the criteria provided by Code of Federal Regulations, title 40, part 125, subpart A.
**Subp. 2. Feedlot exemption.**
The requirements of subpart 1, items B and C, do not apply to animal feedlots.
**Subp. 3. Dredge disposal exemption.**
The requirements for total suspended solids and phosphorus under subpart 1, item B, and for phosphorus under subpart 4, do not apply to waters discharged from a dredge disposal facility and returned to the water body where the water was removed if:
A. best management practices and best practicable technology are established in a state disposal system permit for the facility; and
B. the designated uses as established under parts 7050.0140 and 7050.0400 to 7050.0470 are maintained.
**Subp. 4. Nutrient control requirements.**
In addition to the requirements of subpart 1, a person discharging industrial or other wastes from a point source shall comply with the nutrient control requirements of part 7053.0255.
**Subp. 5. Exception for total suspended solids limits for ponds.**
A point source discharger of industrial or other wastes that uses a stabilization pond or aerated pond as the principal method of biologically treating the waste shall comply with subparts 1 to 4, except that the total suspended solids effluent limits applicable to a discharger under subpart 1, item B, are the limits in part 7053.0215, subpart 3, rather than the total suspended solids limits in part 7053.0215, subpart 1.
**Subp. 6. Toxic or corrosive pollutants.**
In addition to the requirements of subpart 1, a person discharging industrial or other wastes from a point source shall comply with the control requirements of part 7053.0215, subpart 1, for toxic or corrosive pollutants.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699*
##### **Minn. R. 7053.0235** Advanced Wastewater Treatment Requirements {#sec-7053.0235 omnilex-key=us-mn-regs-official--agency-167--7053.0235}
**Subpart 1. Inadequate dilution.**
In any instance where it is evident that the minimal treatment specified in part 7053.0215, subpart 1, or 7053.0225 and dispersion are not effective in preventing pollution, or if at the applicable flows it is evident that the specified stream flow is inadequate to protect the water quality standards specified in chapters 7050 and 7052, the specific standards may be interpreted as effluent limits for control purposes. In addition, the following effluent limits may be applied without any allowance for dilution where stream flow or other factors are such as to prevent adequate dilution or where it is otherwise necessary to protect the waters of the state for the stated uses:
The five milligrams per liter limit shall not apply to discharges to surface waters classified as limited resource value waters, pursuant to parts 7050.0140, subpart 8, and 7050.0400 to 7050.0470, except as may be needed to comply with part 7053.0245, subpart 3.
**Subp. 2. Limits for pond facilities.**
The concentrations specified in part 7053.0215, subpart 1, or, if applicable, part 7053.0225, may be used in lieu of the limit in this part if the discharge of effluent is restricted to the spring flush or other high runoff periods when the stream flow rate above the discharge point is sufficiently greater than the effluent flow rate to ensure that the applicable water quality standards are met during the discharge period.
**Subp. 3. Variability of operation.**
If treatment works are designed and constructed to meet the specified limits given in this part for a continuous discharge, at the discretion of the agency the operation of such works may allow for the effluent quality to vary between the limits specified in this part and in part 7053.0215, subpart 1, or, if applicable, part 7053.0225, provided the water quality standards and all other requirements of the agency and the United States Environmental Protection Agency are being met. The variability of operation must be based on adequate monitoring of the treatment works and the effluent and receiving waters as specified by the agency.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699*
##### **Minn. R. 7053.0245** Requirements for Point Source Discharges to Limited Resource Value Waters {#sec-7053.0245 omnilex-key=us-mn-regs-official--agency-167--7053.0245}
**Subpart 1. Effluent limits.**
For point source discharges of sewage, industrial, or other wastes to surface waters classified as limited resource value waters pursuant to parts 7050.0140, subpart 8, and 7050.0400 to 7050.0470, the agency shall require treatment facilities that will provide effluents conforming to the following limits:
*This 15 milligrams per liter limit does not apply to discharges to limited resource value waters if the principal method of treatment is through stabilization ponds, in which case the limits in parts 7053.0215, subpart 3, and 7053.0225, subpart 5, apply. All effluent limits specified in part 7053.0215, subpart 1, are also applicable to dischargers of sewage to limited resource value waters, provided that toxic or corrosive pollutants are limited to the extent necessary to protect the designated uses of the receiving water or affected downstream waters.
**Subp. 2. Alternative secondary treatment effluent limits.**
The agency shall allow treatment works to be constructed or operated to produce effluents to limited resource value waters at levels up to those stated in part 7053.0215, provided that it is demonstrated that the water quality standards for limited resource value waters will be maintained during all periods of discharge from the treatment facilities.
**Subp. 3. Protection of downstream waters.**
Notwithstanding the effluent limits established by this part, the quality of limited resource value waters must not allow a violation of applicable water quality standards in waters of the state that are connected to or affected by water classified as limited resource value waters.
**Subp. 4. Public waters designation unaffected.**
The classification of surface waters as limited resource value waters pursuant to parts 7050.0140, subpart 8, and 7050.0400 to 7050.0470, does not supersede, alter, or replace the classification and designation of such waters as public waters pursuant to Minnesota Statutes, chapter 103G.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699*
##### **Minn. R. 7053.0255** Phosphorus Effluent Limits for Point Source Discharges of Sewage, Industrial, and Other Wastes {#sec-7053.0255 omnilex-key=us-mn-regs-official--agency-167--7053.0255}
**Subpart 1. Scope.**
The phosphorus effluent limits in this part are in addition to the effluent limits specified elsewhere in this chapter. In the event of any conflict between this part and other applicable regulations, the more stringent requirement applies.
**Subp. 2. Definitions.**
For the purposes of this part, the following definitions apply. Other relevant definitions are found in part 7050.0150, subpart 4.
A. "Affects" means a measurable increase in the adverse effects of phosphorus loading as determined by monitoring or modeling, including, but not limited to, an increase in chlorophyll-a concentrations, a decrease in water transparency, or an increase in the frequency or duration of nuisance algae blooms, from an individual point source discharge.
B. "Expanded discharge" means a disposal system that after May 1, 2008, discharges more than 1,800 pounds of total phosphorus per year to a surface water on an annual average basis, and increases in wastewater treatment capacity as indicated by an increase in the:
C. "Lake" means an enclosed basin filled or partially filled with standing fresh water with a maximum depth greater than 15 feet. Lakes may have no inlet or outlet, an inlet or outlet, or both an inlet and outlet.
D. "Measurable increase" or "measurable impact" means a change in trophic status that can be discerned above the normal variability in water quality data using a weight of evidence approach. The change in trophic status does not require a demonstration of statistical significance to be considered measurable. Mathematical models may be used as a tool in the data analysis to help predict changes in trophic status.
E. "New discharge" means a discharge that was not in existence before May 1, 2008, and discharges more than 1,800 pounds of total phosphorus per year.
F. "Reservoir" means a body of water in a natural or artificial basin or water course where the outlet or flow is artificially controlled by a structure such as a dam. Reservoirs are distinguished from river systems by having a hydraulic residence time of at least 14 days. For purposes of this item, residence time is determined using a flow equal to the 122Q10 for the months of June through September. "122Q10" has the meaning given in part 7053.0135, subpart 4b.
G. "Shallow lake" means an enclosed basin filled or partially filled with standing fresh water with a maximum depth of 15 feet or less or with 80 percent or more of the lake area shallow enough to support emergent and submerged rooted aquatic plants (the littoral zone). It is uncommon for shallow lakes to thermally stratify during the summer. The quality of shallow lakes will permit propagation and maintenance of a healthy indigenous aquatic community, and the shallow lakes will be suitable for boating and other forms of aquatic recreation for which they may be usable. For purposes of this chapter, shallow lakes will be differentiated from wetlands and lakes on a case-by-case basis. For purposes of this item, "wetlands" has the meaning given in part 7050.0186, subpart 1a.
**Subp. 3. Total phosphorus effluent limits.**
A. Phosphorus removal to one milligram per liter is required when subitem (1), (2), or (3) applies:
B. If a phosphorus effluent limit is required under item A, removal of nutrients from all wastes must be provided to the fullest practicable extent wherever sources of nutrients are considered to be actually or potentially detrimental to preservation or enhancement of the designated water uses. Dischargers required to control nutrients under this part are subject to the variance provisions of parts 7000.7000 and 7053.0195.
**Subp. 4. Alternative phosphorus effluent limits for new or expanded discharges.**
New or expanded discharges subject to a one milligram per liter phosphorus effluent limit in subpart 3, item A, subitem (3), may request an alternative limit or no limit if one or more of items A to C apply. New or expanded discharges are defined in subpart 2. The exemptions in this subpart do not apply to facilities that discharge directly to or affect a lake, shallow lake, or reservoir or to discharges to the waters listed in subpart 5. Dischargers seeking an alternative limit due to very high per capita treatment costs or economic hardship must apply for a variance under parts 7000.7000 and 7053.0195.
The information submitted to the commissioner for consideration of an alternative limit must include, at a minimum, a description of the treatment technology used, influent and effluent total phosphorus concentrations, a phosphorus management plan for the facility, descriptions of any measures already taken to reduce phosphorus sources to the facility, and expected reductions in phosphorus concentrations following implementation of the phosphorus management plan. The discharger may qualify for an alternative total phosphorus limit or no limit if it can demonstrate:
A. the discharge is to or upstream of a water body listed on the applicable impaired water list, section 303(d) of the Clean Water Act, and the subsequent total maximum daily load study is complete and approved by the United States Environmental Protection Agency, as required by Code of Federal Regulations, title 40, part 130, section 7, at the time the new or expanding facility is in the planning and design phase. The total maximum daily load study must have considered impacts from phosphorus loading on the impaired water body. In this case, the total maximum daily load study will determine the applicable phosphorus effluent limit;
B. the environmental benefits to be achieved by meeting a phosphorus limit are outweighed or negated by the environmental harm caused by meeting a limit; or
C. the treatment works, regardless of the type of treatment technology, uses chemical addition to achieve compliance with the one milligram per liter limit and the discharge is to a receiving stream in a watershed listed in subitems (1) to (3). In this case the discharger may be granted a seasonal one milligram per liter limit, applicable from May 1 through September 30 and not applicable from October 1 through April 30:
**Subp. 5. Designated waters.**
The one milligram per liter phosphorus limit established in subpart 3 applies to the waters designated in items A to F.
A. All intrastate waters lying within the drainage basin of Lake Superior in the counties of Aitkin, Carlton, Cook, Itasca, Lake, Pine, and St. Louis (Townships 45 to 65 North, Ranges 7 East to 23 West).
B. The interstate waters of Lake St. Croix in Washington County (Townships 26 to 30 North, Range 20 West).
C. The St. Louis River from its source at Seven Beaver Lake (Township 58 North, Range 12 West) to and including St. Louis Bay (Townships 49 and 50 North, Ranges 14 and 15 West) and Superior Bay (Townships 49 and 50 North, Ranges 13 and 14 West).
D. The Mississippi River from its source to the Blandin Dam at the outlet of Paper Mill Reservoir in the city of Grand Rapids approximately 400 feet upstream from the bridge on U.S. Highway 169 including Lake Andrusia (Township 146 North, Range 31 West), Lake Bemidji (Townships 146 and 147 North, Range 33 West), Cass Lake (Townships 145 and 146 North, Ranges 30 and 31 West), Lake Itasca (Township 143 North, Range 36 West), Pokegama Lake (Townships 54 and 55 North, Ranges 25 and 26 West), and Winnibigoshish Lake (Townships 145, 146, and 147 North, Ranges 27, 28, and 29 West).
E. The Little Minnesota River and Big Stone Lake from the South Dakota border crossing to the outlet of Big Stone Lake at the dam immediately upstream from the U.S. Highway 12 bridge in Ortonville.
F. Albert Lea Lake (Township 102 North, Ranges 20 and 21 West) in Freeborn County.
**Subp. 6. Averaging period for phosphorus limit.**
The phosphorus limit required under subpart 3 must be a calendar month arithmetic mean unless the commissioner finds, after considering the criteria listed in items A and B, that a different averaging period is acceptable. In no case shall the one milligram per liter limit exceed a moving mean of 12 monthly values reported on a monthly basis or a simple mean for a specified period, not to exceed 12 months. Calendar month effluent limits in effect as of February 7, 2000, must remain in effect unless an assessment of the criteria listed in items A and B indicate a different averaging period is acceptable. An averaging period other than monthly is acceptable when:
A. there is no measurable or predictable difference in the adverse effects of the phosphorus loading from the facility on the receiving water or downstream water resources compared to the loading that would result using a 30-day average limit; and
B. the treatment technologies being considered offer environmental, financial, or other benefits.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699; 46 SR 5*
##### **Minn. R. 7053.0260** Effluent Limits for Point Source Discharges of Sewage, Industrial, and Other Wastes to Protect Industrial Consumption {#sec-7053.0260 omnilex-key=us-mn-regs-official--agency-167--7053.0260}
**Subpart 1. Scope.**
The effluent limits in this part are in addition to the effluent limits specified elsewhere in this chapter. In the event of a conflict between this part and other applicable regulations, the more stringent requirement applies.
**Subp. 2. Definitions.**
Definitions in parts 7050.0150, subpart 4, and 7053.0135 apply to this part.
**Subp. 3. Developing effluent limits to protect industrial consumption.**
A. The commissioner must use the procedures in Class 3 Translator Method, which is incorporated by reference in item D, to determine whether a discharger would cause or contribute to an impairment of the class 3 industrial consumption water quality standard.
B. Water-quality-based effluent limits must protect water quality at the point at which water is withdrawn for industrial consumption at all flows at or above the specified low flows considered under Minnesota Statutes, section 103G.285, subdivision 2, for consumptive appropriations.
C. When the commissioner determines, using the procedures incorporated in item D, that a discharger requires a water-quality-based effluent limit to protect water used for industrial consumption, the commissioner must include an effluent limit in the discharger's control document.
D. Class 3 Translator Method, Minnesota Pollution Control Agency (April 2021), is incorporated by reference. The document is not subject to frequent change and is available at www.pca.state.mn.us/regulations/incorporations-reference.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 46 SR 5*
##### **Minn. R. 7053.0263** Effluent Limits for Point Source Discharges of Sewage, Industrial, and Other Wastes to Protect Water Quality for Irrigation {#sec-7053.0263 omnilex-key=us-mn-regs-official--agency-167--7053.0263}
**Subpart 1. Scope.**
The effluent limits in this part are in addition to the effluent limits specified elsewhere in this chapter. In the event of a conflict between this part and other applicable regulations, the more stringent requirement applies.
**Subp. 2. Definitions.**
Definitions in parts 7050.0150, subpart 4, and 7053.0135 apply to this part.
**Subp. 3. Developing effluent limits to protect irrigation water quality.**
A. The commissioner must use the procedures in Class 4A Translator Method, which is incorporated by reference in item D, to determine whether a discharger would cause or contribute to an impairment of the class 4A irrigation water quality, except for when protecting wild rice.
B. Water-quality-based effluent limits must protect water quality at the point at which water is withdrawn for irrigation at all flows at or above the 122Q10 critical low flow.
C. When the commissioner determines, using the procedures incorporated in item D, that a discharger requires a water-quality-based effluent limit to protect irrigation water quality, the commissioner must include an effluent limit in the discharger's control document.
D. Class 4A Translator Method, Minnesota Pollution Control Agency (April 2021), is incorporated by reference. The document is not subject to frequent change and is available at www.pca.state.mn.us/regulations/incorporations-reference.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 46 SR 5*
##### **Minn. R. 7053.0265** Discharge Restrictions Applicable to Mississippi River from Rum River to St. Anthony Falls {#sec-7053.0265 omnilex-key=us-mn-regs-official--agency-167--7053.0265}
**Subpart 1. Scope and beneficial uses.**
The restrictions on discharges specified in this part are applicable to that portion of the Mississippi River from, but not including, the mouth of the Rum River to the upper lock and dam at St. Anthony Falls, approximately at the northeastward extension of Fifth Avenue South in the city of Minneapolis, and tributary streams. The primary use of these waters is as a source of public water supply for drinking, food processing, and related purposes. Other uses applicable to these waters are defined in parts 7050.0415 and 7050.0470, subpart 4.
**Subp. 2. Discharges prohibited.**
Discharges listed in items A to C are prohibited to the waters defined in subpart 1.
A. Raw sewage and industrial waste or other wastes, treated or untreated, containing viable pathogenic organisms or any substances that may cause disease, endanger the public health, or otherwise impair the quality of the receiving waters for public water supply.
B. Treated sewage effluent from any source, including, without limitation, discharges from watercraft.
C. Treated sewage, industrial waste, or other wastes so as to cause any material increase in taste, odor, color, or turbidity above natural levels or otherwise to impair the quality of the water so as to render it objectionable or unsuitable as a source of water supply.
**Subp. 3. Variance.**
The variance provisions of parts 7000.7000 and 7053.0195 are applicable to this part.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699; 46 SR 5*
##### **Minn. R. 7053.0275** Antibacksliding {#sec-7053.0275 omnilex-key=us-mn-regs-official--agency-167--7053.0275}
**Subpart 1. Antibacksliding applies.**
Any point source discharger of sewage, industrial, or other wastes for which a national pollutant discharge elimination system permit has been issued by the agency that contains effluent limits more stringent than those that would be established by parts 7053.0215 to 7053.0265 shall continue to meet the effluent limits established by the permit, unless the permittee establishes that less stringent effluent limits are allowable pursuant to federal law, under section 402(o) of the Clean Water Act, United States Code, title 33, section 1342.
**Subp. 2. Less stringent effluent limits.**
If a permittee establishes that it is entitled to less stringent effluent limits under subpart 1, the agency shall establish new effluent limits according to the criteria in items A to F.
A. If past treatment performance data are representative of future performance, the new effluent limits must reflect the level of pollutant control that has been consistently achieved by the permittee in the past.
B. If changes in the rate of production or in other operational aspects of the facility make past treatment performance data unrepresentative of future performance, in establishing new effluent limits, the agency shall consider: (1) the performance capabilities of the existing treatment facility under the changed factors; and (2) the performance capabilities of any additional treatment facilities that may be required by the agency as a result of the changed factors. The new effluent limits must be as stringent as is reasonable, applying good engineering design practices and operational and maintenance practices for the existing treatment facilities and any additional treatment facilities that may be required.
C. The new effluent limits must reflect the performance capabilities of all treatment facilities under proper operation and maintenance practices.
D. In no event may the new effluent limits be less stringent than the effluent limits established under parts 7053.0215 to 7053.0265.
E. In all cases, the beneficial uses and the water quality standards in chapters 7050 and 7052 must be maintained in the receiving water.
F. If less stringent effluent limits are established in the permit, the agency may also establish other reasonable and necessary conditions for the new permit. A request for less stringent effluent limits in a permit shall be made according to part 7001.0190, subpart 1. The agency shall follow the procedures in part 7001.0190, subpart 1, in acting upon a request for new effluent limits.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699*
##### **Minn. R. 7053.0305** Requirements for Animal Feedlots {#sec-7053.0305 omnilex-key=us-mn-regs-official--agency-167--7053.0305}
**Subpart 1. Definitions.**
For purposes of this part, the terms in items A to D have the meanings given them.
A. "Animal feedlot" has the meaning given in part 7020.0300, subpart 3.
B. "Animal manure" has the meaning given in part 7020.0300, subpart 4.
C. "Manure storage area" has the meaning given in part 7020.0300, subpart 14.
D. "Treatment works" has the meaning given in Minnesota Statutes, section 115.01, subdivision 21, and includes a vegetated filter or buffer strip located between an animal feedlot or a manure storage area and a receiving water.
**Subp. 2. Effluent limits for a discharge.**
A. Any person discharging pollutants to surface waters of the state from an animal feedlot or manure storage area who is not regulated by federal requirements under part 7053.0225, subpart 1, shall comply with the following limits after allowance for pollutant removal by a treatment works: If the discharge is directly to or affects a lake, shallow lake, or reservoir, or to the waters listed in part 7053.0255, subpart 5, the person discharging the pollutants shall comply with the nutrient control requirements in part 7053.0255, subpart 3, items A and B. Feedlots are not considered new or expanded discharges as defined in part 7053.0255, subpart 2.
B. The effluent limits in item A are not applicable whenever rainfall events, either chronic or catastrophic, cause an overflow from an animal feedlot or manure storage area designed, constructed, and operated:
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699*
##### **Minn. R. 7053.0405** Requirements for Aquaculture Facilities {#sec-7053.0405 omnilex-key=us-mn-regs-official--agency-167--7053.0405}
**Subpart 1. Definitions.**
For purposes of this part, the terms in items A to G have the meanings given them.
A. "Aquaculture therapeutics" means drugs, medications, or disease control chemicals that are approved for concentrated aquatic animal production facility use by the United States Food and Drug Administration or the United States Environmental Protection Agency.
B. "Aquatic animal production" means harvest of unprocessed aquatic animals, including mortalities, where the animals are fed fish food.
C. "Chemical additive" means an aquaculture therapeutic, growth-inducing compound, hormone, or algal control product that is added to a concentrated aquatic animal production facility.
D. "Coldwater aquatic animals" means aquatic animals in the Salmonidae family of fish, such as trout and salmon.
E. "Concentrated aquatic animal production facility" means a hatchery, fish farm, or other facility that contains, grows, or holds aquatic animals as described in subitems (1) to (4).
F. "Fish food" means materials including processed feeds, grains and seeds, plants, plant wastes, meat, and dead fish or other dead animal parts, but not including living aquatic animals, for the purposes of sustaining growth, repairing vital processes, or furnishing energy for aquatic animals present in the facility.
G. "Warm and cool water aquatic animals" means all other aquatic animals not included in the Salmonidae family of fish.
**Subp. 2. Permit required.**
No person may construct, operate, or maintain a concentrated aquatic animal production facility until the agency has issued a national pollutant discharge elimination system and state disposal system (NPDES/SDS) permit for the facility according to chapter 7001. Production levels of multiple projects and multiple stages of a single project that are connected actions or phased actions shall be considered in total under subpart 1, item E.
**Subp. 3. Treatment technology discharge requirements.**
A. All concentrated aquatic animal production facilities shall collect, remove, treat, and properly dispose of unconsumed fish food and fish wastes.
B. All concentrated aquatic animal production facilities that discharge industrial or other wastes to waters of the state shall comply with the requirements of parts 7053.0225, subparts 1, 3, 4, and 5, and 7053.0275.
**Subp. 4. Additional requirements.**
Except as expressly excluded in this part, the construction, operation, and maintenance of a concentrated aquatic animal production facility shall comply with the requirements of this chapter and chapters 7050 and 7052.
**Subp. 5.**
[Repealed, 38 SR 1001]
**Subp. 6. Special conditions.**
A. In addition to the requirements for monitoring, testing, and reporting under part 7001.0150, subpart 2, item B, the permittee shall report the aquatic animal production and amount of fish food used. The commissioner may require the permittee to monitor receiving waters to determine natural background levels and baseline quality and to determine compliance with state and federal antidegradation and water quality standard requirements. The monitoring shall consider natural seasonal and year-to-year variations in background levels and baseline quality.
B. The permittee shall transport aquatic animal mortalities for rendering or disposal at a land-based facility. Aquatic animal mortalities shall not be disposed of in waters of the state. The permittee shall prevent blood produced through harvest of aquatic animals from entering waters of the state untreated. The blood generated shall be transported to a land-based rendering or disposal facility approved by the commissioner or discharged to a publicly owned treatment works according to the applicable publicly owned treatment works national pollutant discharge elimination system or state disposal system (NPDES/SDS) permit.
C. The permittee shall maintain an operation record book of daily operations and other occurrences that may affect water quality including addition of fish food, composition of fish food, aquatic animal transfers and harvests, cleaning, mortalities, major weather events, and power failures. The operation record book must be available at all times for inspection and copying by the commissioner.
D. The permittee shall submit an annual report to the commissioner. The report shall include:
E. The discharge of water treatment and chemical additives must comply with parts 7050.0218 and 7050.0221 to 7050.0227.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
- *History: 32 SR 1699; 38 SR 1001*
## **Chapter 7055** INTERSTATE WATERS
##### **Minn. R. 7055.0010** [Repealed, 9 SR 914] {#sec-7055.0010 omnilex-key=us-mn-regs-official--agency-167--7055.0010}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0020** [Repealed, 9 SR 914] {#sec-7055.0020 omnilex-key=us-mn-regs-official--agency-167--7055.0020}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0030** [Repealed, 9 SR 914] {#sec-7055.0030 omnilex-key=us-mn-regs-official--agency-167--7055.0030}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0040** [Repealed, 9 SR 914] {#sec-7055.0040 omnilex-key=us-mn-regs-official--agency-167--7055.0040}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0050** [Repealed, 9 SR 914] {#sec-7055.0050 omnilex-key=us-mn-regs-official--agency-167--7055.0050}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0060** [Repealed, 9 SR 914] {#sec-7055.0060 omnilex-key=us-mn-regs-official--agency-167--7055.0060}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0070** [Repealed, 9 SR 914] {#sec-7055.0070 omnilex-key=us-mn-regs-official--agency-167--7055.0070}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0080** [Repealed, 9 SR 914] {#sec-7055.0080 omnilex-key=us-mn-regs-official--agency-167--7055.0080}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0090** [Repealed, 9 SR 914] {#sec-7055.0090 omnilex-key=us-mn-regs-official--agency-167--7055.0090}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0100** [Repealed, 9 SR 914] {#sec-7055.0100 omnilex-key=us-mn-regs-official--agency-167--7055.0100}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0110** [Repealed, 9 SR 914] {#sec-7055.0110 omnilex-key=us-mn-regs-official--agency-167--7055.0110}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0120** [Repealed, 9 SR 914] {#sec-7055.0120 omnilex-key=us-mn-regs-official--agency-167--7055.0120}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0250** [Repealed, 9 SR 914] {#sec-7055.0250 omnilex-key=us-mn-regs-official--agency-167--7055.0250}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0260** [Repealed, 9 SR 914] {#sec-7055.0260 omnilex-key=us-mn-regs-official--agency-167--7055.0260}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0270** [Repealed, 9 SR 914] {#sec-7055.0270 omnilex-key=us-mn-regs-official--agency-167--7055.0270}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0280** [Repealed, 9 SR 914] {#sec-7055.0280 omnilex-key=us-mn-regs-official--agency-167--7055.0280}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0290** [Repealed, 9 SR 914] {#sec-7055.0290 omnilex-key=us-mn-regs-official--agency-167--7055.0290}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0300** [Repealed, 9 SR 914] {#sec-7055.0300 omnilex-key=us-mn-regs-official--agency-167--7055.0300}
[Repealed, 9 SR 914]
##### **Minn. R. 7055.0310** [Repealed, 9 SR 914] {#sec-7055.0310 omnilex-key=us-mn-regs-official--agency-167--7055.0310}
[Repealed, 9 SR 914]
## **Chapter 7056** MISSISSIPPI RIVER AND TRIBUTARIES
##### **Minn. R. 7056.0010** [Repealed, 32 SR 1699] {#sec-7056.0010 omnilex-key=us-mn-regs-official--agency-167--7056.0010}
[Repealed, 32 SR 1699]
##### **Minn. R. 7056.0020** [Repealed, 32 SR 1699] {#sec-7056.0020 omnilex-key=us-mn-regs-official--agency-167--7056.0020}
[Repealed, 32 SR 1699]
##### **Minn. R. 7056.0030** [Repealed, 32 SR 1699] {#sec-7056.0030 omnilex-key=us-mn-regs-official--agency-167--7056.0030}
[Repealed, 32 SR 1699]
##### **Minn. R. 7056.0040** [Repealed, 32 SR 1699] {#sec-7056.0040 omnilex-key=us-mn-regs-official--agency-167--7056.0040}
[Repealed, 32 SR 1699]
## **Chapter 7060** UNDERGROUND WATERS
##### **Minn. R. 7060.0100** Purpose {#sec-7060.0100 omnilex-key=us-mn-regs-official--agency-167--7060.0100}
It is the purpose of this chapter to preserve and protect the underground waters of the state by preventing any new pollution and abating existing pollution.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
##### **Minn. R. 7060.0200** Policy {#sec-7060.0200 omnilex-key=us-mn-regs-official--agency-167--7060.0200}
It is the policy of the agency to consider the actual or potential use of the underground waters for potable water supply as constituting the highest priority use and as such to provide maximum protection to all underground waters. The ready availability nearly statewide of underground water constitutes a natural resource of immeasurable value which must be protected as nearly as possible in its natural condition. For the conservation of underground water supplies for present and future generations and prevention of possible health hazards, it is necessary and proper that the agency employ a nondegradation policy to prevent pollution of the underground waters of the state.
Parts 7050.0100 to 7050.0220 also apply to underground waters. Where differences exist between parts 7050.0100 to 7050.0220 and this chapter, the more stringent of the conditions shall be construed to apply.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
##### **Minn. R. 7060.0300** Definitions {#sec-7060.0300 omnilex-key=us-mn-regs-official--agency-167--7060.0300}
**Subpart 1. Confined groundwater.**
"Confined groundwater" means the water which is under pressure greater than atmospheric, and its upper limit is the bottom of a bed of distinctly lower hydraulic conductivity than that of the material in which the confined water occurs.
**Subp. 2. Perched groundwater.**
"Perched groundwater" is unconfined groundwater separated from an underlying body of groundwater by an unsaturated zone. Perched groundwater may be either permanent where recharge is frequent enough to maintain a saturated zone above the perching bed, or temporary where intermittent recharge is not great or frequent enough to prevent the perched water from disappearing from time to time as a result of drainage over the edge or through the perching bed.
**Subp. 3. Saturated zone.**
"Saturated zone" is that part of the earth's crust in which all the voids, large and small, are ideally filled with water under pressure greater than atmospheric.
**Subp. 4. Toxic pollutant.**
"Toxic pollutant" means those pollutants, or combination of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformations, in such organisms or their offspring.
**Subp. 5. Unconfined groundwater.**
"Unconfined groundwater" is water in a formation that has a water table.
**Subp. 6. Underground water.**
"Underground water" means the water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether under confined, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or in rock formations deeper underground. The term groundwater shall be synonymous with underground water.
**Subp. 7. Unsaturated zone.**
"Unsaturated zone" is the zone between the land surface and the water table. It includes the capillary fringe. Generally, the water is under less than atmospheric pressure.
**Subp. 8. Water table.**
"Water table" is the surface of the groundwater at which the pressure is atmospheric. Generally this is the top of the saturated zone.
**Subp. 9. Other terms.**
Other terms used herein which are defined in Minnesota Statutes, chapters 115 and 116, shall be given the meaning ascribed to them therein. Terms not defined in this chapter or in Minnesota Statutes, chapters 115 and 116 shall be construed in accordance with accepted professional usage and practice.
**History**
- *Statutory Authority: MS s 115.04; 115.44*
##### **Minn. R. 7060.0400** Uses of Underground Waters {#sec-7060.0400 omnilex-key=us-mn-regs-official--agency-167--7060.0400}
The waters of the state are classified according to their highest priority use, which for underground waters of suitable natural quality is their use now or in the future as a source of drinking, culinary, or food processing water. Suitability is to be construed as meaning that the waters in their natural state can be used for such purposes after such purification or treatment processes as may be prescribed by the Minnesota Department of Health or the Minnesota Department of Agriculture. This classification is established to protect the underground waters as potable water supplies by preventing and abating pollution. In making this classification, the agency recognizes that the underground waters of the state are contained in a series of related and often interconnected aquifers, such that if sewage, industrial waste, other waste, or other pollutants enter the underground water system, they may spread both vertically and horizontally. Thus, all underground waters are best classified for use as potable water supply in order to preserve high quality waters by minimizing spreading of pollutants, by prohibiting further discharges of wastes thereto, and to maximize the possibility of rehabilitating degraded waters for their priority use.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
##### **Minn. R. 7060.0500** Nondegradation Policy {#sec-7060.0500 omnilex-key=us-mn-regs-official--agency-167--7060.0500}
It is the policy of the agency that the disposal of sewage, industrial waste, and other wastes shall be controlled as may be necessary to ensure that to the maximum practicable extent the underground waters of the state are maintained at their natural quality unless a determination is made by the agency that a change is justifiable by reason of necessary economic or social development and will not preclude appropriate beneficial present and future uses of the waters.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
##### **Minn. R. 7060.0600** Standards {#sec-7060.0600 omnilex-key=us-mn-regs-official--agency-167--7060.0600}
**Subpart 1. Prohibition against discharge into saturated zone.**
No sewage, industrial waste, or other wastes shall be discharged directly into the zone of saturation by such means as injection wells or other devices used for the purpose of injecting materials into the zone of saturation, except that the discharge of cooling water under existing permits of the agency may be continued, subject to review of the permit by the agency for conformance with subpart 3.
**Subp. 2. Prohibition against discharge into unsaturated zone.**
No sewage, industrial waste, other waste, or other pollutants shall be allowed to be discharged to the unsaturated zone or deposited in such place, manner, or quantity that the effluent or residue therefrom, upon reaching the water table, may actually or potentially preclude or limit the use of the underground waters as a potable water supply, nor shall any such discharge or deposit be allowed which may pollute the underground waters. All such possible sources of pollutants shall be monitored at the discharger's expense as directed by the agency.
**Subp. 3. Control measures.**
Treatment, safeguards, or other control measures shall be provided by the person responsible for any sewage, industrial waste, other waste, or other pollutants which are to be or have been discharged to the unsaturated zone or deposited there, or which have been discharged to the zone of saturation, to the extent necessary to ensure that the same will not constitute or continue to be a source of pollution of the underground waters or impair the natural quality thereof.
**Subp. 4. Toxic pollutants.**
Toxic pollutants including, but not limited to, radioactive substances, chemicals, metals, solvents, petroleum products, plating wastes, and acids and bases, shall not be discharged or deposited in any manner such as to endanger the quality or uses of the underground waters.
**Subp. 5. Construction of rule.**
This rule shall not be construed as prohibiting the use of septic tank systems or holding tanks for disposal or storage of sewage or other acceptable organic wastes where public or other sewage or other waste disposal systems with surface discharge of effluent are not available or cannot reasonably be made available (except as agency rules may in the future apply to the construction, location, maintenance, or use of such disposal systems), nor shall it be construed as prohibiting land disposal of acceptable organic wastes or the use of chemicals and fertilizers for the production or protection of agricultural crops or products, nor the recharge of ground waters under controlled conditions, provided that such practices do not pose a significant pollution hazard.
**Subp. 6. Monthly reports.**
All persons operating or responsible for sewage, industrial waste, or other waste disposal systems, except septic tanks and related soil adsorption systems, which discharge effluent to the unsaturated zone, or deposits of pollutants or other operations from which residues may reach the underground waters, shall submit regularly every month a report to the agency on the operation of the disposal system, the waste flow, and the characteristics of the influent, effluent, and underground waters of the vicinity. Sufficient data on measurements, observations, sampling and analyses, and other pertinent information shall be furnished as may be required by the agency to, in its judgment, adequately reflect the condition of the disposal system, raw wastes, deposited material, effluent, residues, and the receiving or affected soils and underground waters. These data shall be collected under the supervision and direction of the agency.
**Subp. 7. Long-term underground storage.**
The long-term storage underground for later treatment of sewage, industrial waste, or other wastes, except solid wastes under permit of the agency, is prohibited. Liquids or other substances not sewage or industrial waste which may pollute or tend to pollute the underground waters of the state shall not be stored underground without safeguards adequate to reasonably assure proper retention against entry into the underground waters. The use of sewer systems for purposes of conveyance or control of the flow to outlets or treatment works, including temporary storage for such purposes, shall not be construed to be long term storage within the meaning of this rule.
**Subp. 8. Natural state of groundwater.**
The groundwater may in its natural state have some characteristics or properties exceeding the standards for potable water supplies. Where the background level of natural origin is reasonably definable and is higher than the accepted standard for potable water and the hydrology and extent of the aquifer are known, the natural level may be used as the standard.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
##### **Minn. R. 7060.0700** Severability {#sec-7060.0700 omnilex-key=us-mn-regs-official--agency-167--7060.0700}
If any provision of this rule or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions of the rule or application of any other part of this regulation which can be given effect without application of the invalid provision. To this end the provisions of all sections, subsections, or subdivisions herein and the various applications thereof are declared to be severable.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
##### **Minn. R. 7060.0800** Determination of Compliance {#sec-7060.0800 omnilex-key=us-mn-regs-official--agency-167--7060.0800}
In making tests or analyses of the underground waters of the state, or of sewage, industrial wastes, or other wastes, to determine compliance with the standards, samples shall be collected in such manner and place and of such type, number, and frequency as may be considered satisfactory by the agency from the viewpoint of adequately reflecting the condition of the underground water and the effects of the pollutants upon the specified water uses. The samples shall be preserved and analyzed in accordance with procedures described in the 13th edition of Standard Methods for the Examination of Water and Wastewater, 1971, by the American Public Health Association, American Water Works Association, and the Water Pollution Control Federation, and any revisions or amendments thereto, or other methods acceptable to the agency.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
##### **Minn. R. 7060.0900** Variance {#sec-7060.0900 omnilex-key=us-mn-regs-official--agency-167--7060.0900}
In any cases where, upon application of the responsible person or persons, the agency finds that by reason of exceptional circumstances the strict enforcement of any provision of these standards would cause undue hardship, that disposal of the sewage, industrial waste, or other waste is necessary for the public health, safety, or welfare, or that strict conformity with the standards would be unreasonable, impractical, or not feasible under the circumstances, the agency in its discretion may permit a variance therefrom upon such conditions as it may prescribe for prevention, control, or abatement of pollution in harmony with the general purpose of these standards and the intent of the applicable state and federal laws.
**History**
- *Statutory Authority: MS s 115.03; 115.44*
## **Chapter 7065** EFFLUENT STANDARDS FOR DISPOSAL SYSTEMS
##### **Minn. R. 7065.0010** [Repealed, 32 SR 1699] {#sec-7065.0010 omnilex-key=us-mn-regs-official--agency-167--7065.0010}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0020** [Repealed, 32 SR 1699] {#sec-7065.0020 omnilex-key=us-mn-regs-official--agency-167--7065.0020}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0030** [Repealed, 32 SR 1699] {#sec-7065.0030 omnilex-key=us-mn-regs-official--agency-167--7065.0030}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0040** [Repealed, 32 SR 1699] {#sec-7065.0040 omnilex-key=us-mn-regs-official--agency-167--7065.0040}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0050** [Repealed, 32 SR 1699] {#sec-7065.0050 omnilex-key=us-mn-regs-official--agency-167--7065.0050}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0060** [Repealed, 32 SR 1699] {#sec-7065.0060 omnilex-key=us-mn-regs-official--agency-167--7065.0060}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0070** [Repealed, 32 SR 1699] {#sec-7065.0070 omnilex-key=us-mn-regs-official--agency-167--7065.0070}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0100** [Repealed, 32 SR 1699] {#sec-7065.0100 omnilex-key=us-mn-regs-official--agency-167--7065.0100}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0110** [Repealed, 32 SR 1699] {#sec-7065.0110 omnilex-key=us-mn-regs-official--agency-167--7065.0110}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0120** [Repealed, 32 SR 1699] {#sec-7065.0120 omnilex-key=us-mn-regs-official--agency-167--7065.0120}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0130** [Repealed, 32 SR 1699] {#sec-7065.0130 omnilex-key=us-mn-regs-official--agency-167--7065.0130}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0140** [Repealed, 32 SR 1699] {#sec-7065.0140 omnilex-key=us-mn-regs-official--agency-167--7065.0140}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0150** [Repealed, 32 SR 1699] {#sec-7065.0150 omnilex-key=us-mn-regs-official--agency-167--7065.0150}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0160** [Repealed, 32 SR 1699] {#sec-7065.0160 omnilex-key=us-mn-regs-official--agency-167--7065.0160}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0200** [Repealed, 32 SR 1699] {#sec-7065.0200 omnilex-key=us-mn-regs-official--agency-167--7065.0200}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0210** [Repealed, 32 SR 1699] {#sec-7065.0210 omnilex-key=us-mn-regs-official--agency-167--7065.0210}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0220** [Repealed, 32 SR 1699] {#sec-7065.0220 omnilex-key=us-mn-regs-official--agency-167--7065.0220}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0230** [Repealed, 32 SR 1699] {#sec-7065.0230 omnilex-key=us-mn-regs-official--agency-167--7065.0230}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0240** [Repealed, 32 SR 1699] {#sec-7065.0240 omnilex-key=us-mn-regs-official--agency-167--7065.0240}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0250** [Repealed, 32 SR 1699] {#sec-7065.0250 omnilex-key=us-mn-regs-official--agency-167--7065.0250}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0260** [Repealed, 32 SR 1699] {#sec-7065.0260 omnilex-key=us-mn-regs-official--agency-167--7065.0260}
[Repealed, 32 SR 1699]
##### **Minn. R. 7065.0300** [Repealed, 12 SR 1810] {#sec-7065.0300 omnilex-key=us-mn-regs-official--agency-167--7065.0300}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0310** [Repealed, 12 SR 1810] {#sec-7065.0310 omnilex-key=us-mn-regs-official--agency-167--7065.0310}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0320** [Repealed, 12 SR 1810] {#sec-7065.0320 omnilex-key=us-mn-regs-official--agency-167--7065.0320}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0330** [Repealed, 12 SR 1810] {#sec-7065.0330 omnilex-key=us-mn-regs-official--agency-167--7065.0330}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0340** [Repealed, 12 SR 1810] {#sec-7065.0340 omnilex-key=us-mn-regs-official--agency-167--7065.0340}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0350** [Repealed, 12 SR 1810] {#sec-7065.0350 omnilex-key=us-mn-regs-official--agency-167--7065.0350}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0400** [Repealed, 12 SR 1810] {#sec-7065.0400 omnilex-key=us-mn-regs-official--agency-167--7065.0400}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0410** [Repealed, 12 SR 1810] {#sec-7065.0410 omnilex-key=us-mn-regs-official--agency-167--7065.0410}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0420** [Repealed, 12 SR 1810] {#sec-7065.0420 omnilex-key=us-mn-regs-official--agency-167--7065.0420}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0430** [Repealed, 12 SR 1810] {#sec-7065.0430 omnilex-key=us-mn-regs-official--agency-167--7065.0430}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0440** [Repealed, 12 SR 1810] {#sec-7065.0440 omnilex-key=us-mn-regs-official--agency-167--7065.0440}
[Repealed, 12 SR 1810]
##### **Minn. R. 7065.0450** [Repealed, 12 SR 1810] {#sec-7065.0450 omnilex-key=us-mn-regs-official--agency-167--7065.0450}
[Repealed, 12 SR 1810]
## **Chapter 7070** NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
##### **Minn. R. 7070.0100** [Repealed, 8 SR 2277] {#sec-7070.0100 omnilex-key=us-mn-regs-official--agency-167--7070.0100}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.0200** [Repealed, 8 SR 2277] {#sec-7070.0200 omnilex-key=us-mn-regs-official--agency-167--7070.0200}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.0300** [Repealed, 8 SR 2277] {#sec-7070.0300 omnilex-key=us-mn-regs-official--agency-167--7070.0300}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.0400** [Repealed, 8 SR 2277] {#sec-7070.0400 omnilex-key=us-mn-regs-official--agency-167--7070.0400}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.0500** [Repealed, 8 SR 2277] {#sec-7070.0500 omnilex-key=us-mn-regs-official--agency-167--7070.0500}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.0600** [Repealed, 8 SR 2277] {#sec-7070.0600 omnilex-key=us-mn-regs-official--agency-167--7070.0600}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.0700** [Repealed, 8 SR 2277] {#sec-7070.0700 omnilex-key=us-mn-regs-official--agency-167--7070.0700}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.0800** [Repealed, 8 SR 2277] {#sec-7070.0800 omnilex-key=us-mn-regs-official--agency-167--7070.0800}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.0900** [Repealed, 8 SR 2277] {#sec-7070.0900 omnilex-key=us-mn-regs-official--agency-167--7070.0900}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1000** [Repealed, 8 SR 2277] {#sec-7070.1000 omnilex-key=us-mn-regs-official--agency-167--7070.1000}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1100** [Repealed, 8 SR 2277] {#sec-7070.1100 omnilex-key=us-mn-regs-official--agency-167--7070.1100}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1200** [Repealed, 8 SR 2277] {#sec-7070.1200 omnilex-key=us-mn-regs-official--agency-167--7070.1200}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1300** [Repealed, 8 SR 2277] {#sec-7070.1300 omnilex-key=us-mn-regs-official--agency-167--7070.1300}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1400** [Repealed, 8 SR 2277] {#sec-7070.1400 omnilex-key=us-mn-regs-official--agency-167--7070.1400}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1500** [Repealed, 8 SR 2277] {#sec-7070.1500 omnilex-key=us-mn-regs-official--agency-167--7070.1500}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1600** [Repealed, 8 SR 2277] {#sec-7070.1600 omnilex-key=us-mn-regs-official--agency-167--7070.1600}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1700** [Repealed, 8 SR 2277] {#sec-7070.1700 omnilex-key=us-mn-regs-official--agency-167--7070.1700}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1800** [Repealed, 8 SR 2277] {#sec-7070.1800 omnilex-key=us-mn-regs-official--agency-167--7070.1800}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.1900** [Repealed, 8 SR 2277] {#sec-7070.1900 omnilex-key=us-mn-regs-official--agency-167--7070.1900}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.2000** [Repealed, 8 SR 2277] {#sec-7070.2000 omnilex-key=us-mn-regs-official--agency-167--7070.2000}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.2100** [Repealed, 8 SR 2277] {#sec-7070.2100 omnilex-key=us-mn-regs-official--agency-167--7070.2100}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.2200** [Repealed, 8 SR 2277] {#sec-7070.2200 omnilex-key=us-mn-regs-official--agency-167--7070.2200}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.2300** [Repealed, 8 SR 2277] {#sec-7070.2300 omnilex-key=us-mn-regs-official--agency-167--7070.2300}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.2400** [Repealed, 8 SR 2277] {#sec-7070.2400 omnilex-key=us-mn-regs-official--agency-167--7070.2400}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.2500** [Repealed, 8 SR 2277] {#sec-7070.2500 omnilex-key=us-mn-regs-official--agency-167--7070.2500}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.2600** [Repealed, 8 SR 2277] {#sec-7070.2600 omnilex-key=us-mn-regs-official--agency-167--7070.2600}
[Repealed, 8 SR 2277]
##### **Minn. R. 7070.2700** [Repealed, 8 SR 2277] {#sec-7070.2700 omnilex-key=us-mn-regs-official--agency-167--7070.2700}
[Repealed, 8 SR 2277]
## **Chapter 7075** STATE FUND AND FEDERAL GRANTS
##### **Minn. R. 7075.0100** [Repealed, 30 SR 1130] {#sec-7075.0100 omnilex-key=us-mn-regs-official--agency-167--7075.0100}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0200** [Repealed, 30 SR 1130] {#sec-7075.0200 omnilex-key=us-mn-regs-official--agency-167--7075.0200}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0300** [Repealed by amendment, 8 SR 694] {#sec-7075.0300 omnilex-key=us-mn-regs-official--agency-167--7075.0300}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.0400** [Repealed, 30 SR 1130] {#sec-7075.0400 omnilex-key=us-mn-regs-official--agency-167--7075.0400}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0401** [Repealed, 30 SR 1130] {#sec-7075.0401 omnilex-key=us-mn-regs-official--agency-167--7075.0401}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0402** [Repealed, 30 SR 1130] {#sec-7075.0402 omnilex-key=us-mn-regs-official--agency-167--7075.0402}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0403** [Repealed, 30 SR 1130] {#sec-7075.0403 omnilex-key=us-mn-regs-official--agency-167--7075.0403}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0404** [Repealed, 30 SR 1130] {#sec-7075.0404 omnilex-key=us-mn-regs-official--agency-167--7075.0404}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0405** [Repealed, 30 SR 1130] {#sec-7075.0405 omnilex-key=us-mn-regs-official--agency-167--7075.0405}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0406** [Repealed, 30 SR 1130] {#sec-7075.0406 omnilex-key=us-mn-regs-official--agency-167--7075.0406}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0407** [Repealed, 30 SR 1130] {#sec-7075.0407 omnilex-key=us-mn-regs-official--agency-167--7075.0407}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0408** [Repealed, 30 SR 1130] {#sec-7075.0408 omnilex-key=us-mn-regs-official--agency-167--7075.0408}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0409** [Repealed, 30 SR 1130] {#sec-7075.0409 omnilex-key=us-mn-regs-official--agency-167--7075.0409}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0410** [Repealed, 30 SR 1130] {#sec-7075.0410 omnilex-key=us-mn-regs-official--agency-167--7075.0410}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0411** [Repealed, 30 SR 1130] {#sec-7075.0411 omnilex-key=us-mn-regs-official--agency-167--7075.0411}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0412** [Repealed, 30 SR 1130] {#sec-7075.0412 omnilex-key=us-mn-regs-official--agency-167--7075.0412}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0413** [Repealed, 30 SR 1130] {#sec-7075.0413 omnilex-key=us-mn-regs-official--agency-167--7075.0413}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0414** [Repealed, 30 SR 1130] {#sec-7075.0414 omnilex-key=us-mn-regs-official--agency-167--7075.0414}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0415** [Repealed, 30 SR 1130] {#sec-7075.0415 omnilex-key=us-mn-regs-official--agency-167--7075.0415}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0416** [Repealed, 30 SR 1130] {#sec-7075.0416 omnilex-key=us-mn-regs-official--agency-167--7075.0416}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0417** [Repealed, 30 SR 1130] {#sec-7075.0417 omnilex-key=us-mn-regs-official--agency-167--7075.0417}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0418** [Repealed, 10 SR 1758] {#sec-7075.0418 omnilex-key=us-mn-regs-official--agency-167--7075.0418}
[Repealed, 10 SR 1758]
##### **Minn. R. 7075.0419** Repealed by subpart {#sec-7075.0419 omnilex-key=us-mn-regs-official--agency-167--7075.0419}
**Subpart 1.**
[Repealed, 30 SR 1130]
**Subp. 2.**
[Repealed, 30 SR 1130]
**Subp. 3.**
[Repealed, 30 SR 1130]
**Subp. 3a.**
[Repealed, 30 SR 1130]
**Subp. 4.**
[Repealed, 30 SR 1130]
**Subp. 5.**
[Repealed, 30 SR 1130]
**Subp. 6.**
[Repealed, 30 SR 1130]
**Subp. 7.**
[Repealed, 30 SR 1130]
**Subp. 8.**
[Repealed by amendment, 10 SR 278]
##### **Minn. R. 7075.0420** [Repealed, 30 SR 1130] {#sec-7075.0420 omnilex-key=us-mn-regs-official--agency-167--7075.0420}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0421** [Repealed, 30 SR 1130] {#sec-7075.0421 omnilex-key=us-mn-regs-official--agency-167--7075.0421}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0422** [Repealed, 10 SR 278] {#sec-7075.0422 omnilex-key=us-mn-regs-official--agency-167--7075.0422}
[Repealed, 10 SR 278]
##### **Minn. R. 7075.0423** [Repealed, 30 SR 1130] {#sec-7075.0423 omnilex-key=us-mn-regs-official--agency-167--7075.0423}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0424** [Repealed, 30 SR 1130] {#sec-7075.0424 omnilex-key=us-mn-regs-official--agency-167--7075.0424}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0425** [Repealed, 30 SR 1130] {#sec-7075.0425 omnilex-key=us-mn-regs-official--agency-167--7075.0425}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0426** [Repealed, 30 SR 1130] {#sec-7075.0426 omnilex-key=us-mn-regs-official--agency-167--7075.0426}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0427** [Repealed, 30 SR 1130] {#sec-7075.0427 omnilex-key=us-mn-regs-official--agency-167--7075.0427}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0428** [Repealed, 30 SR 1130] {#sec-7075.0428 omnilex-key=us-mn-regs-official--agency-167--7075.0428}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0429** [Repealed, 30 SR 1130] {#sec-7075.0429 omnilex-key=us-mn-regs-official--agency-167--7075.0429}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0430** [Repealed, 30 SR 1130] {#sec-7075.0430 omnilex-key=us-mn-regs-official--agency-167--7075.0430}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0431** [Repealed, 30 SR 1130] {#sec-7075.0431 omnilex-key=us-mn-regs-official--agency-167--7075.0431}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0432** [Repealed, 30 SR 1130] {#sec-7075.0432 omnilex-key=us-mn-regs-official--agency-167--7075.0432}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0433** [Repealed, 30 SR 1130] {#sec-7075.0433 omnilex-key=us-mn-regs-official--agency-167--7075.0433}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.0500** [Repealed by amendment, 8 SR 694] {#sec-7075.0500 omnilex-key=us-mn-regs-official--agency-167--7075.0500}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.0600** [Repealed by amendment, 8 SR 694] {#sec-7075.0600 omnilex-key=us-mn-regs-official--agency-167--7075.0600}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.0700** [Repealed by amendment, 8 SR 694] {#sec-7075.0700 omnilex-key=us-mn-regs-official--agency-167--7075.0700}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.0800** [Repealed by amendment, 8 SR 694] {#sec-7075.0800 omnilex-key=us-mn-regs-official--agency-167--7075.0800}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.0900** [Repealed by amendment, 8 SR 694] {#sec-7075.0900 omnilex-key=us-mn-regs-official--agency-167--7075.0900}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.1000** [Repealed by amendment, 8 SR 694] {#sec-7075.1000 omnilex-key=us-mn-regs-official--agency-167--7075.1000}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.1005** [Renumbered 7077.0500] {#sec-7075.1005 omnilex-key=us-mn-regs-official--agency-167--7075.1005}
[Renumbered 7077.0500]
##### **Minn. R. 7075.1010** [Renumbered 7077.0505] {#sec-7075.1010 omnilex-key=us-mn-regs-official--agency-167--7075.1010}
[Renumbered 7077.0505]
##### **Minn. R. 7075.1020** [Renumbered 7077.0510] {#sec-7075.1020 omnilex-key=us-mn-regs-official--agency-167--7075.1020}
[Renumbered 7077.0510]
##### **Minn. R. 7075.1030** [Renumbered 7077.0515] {#sec-7075.1030 omnilex-key=us-mn-regs-official--agency-167--7075.1030}
[Renumbered 7077.0515]
##### **Minn. R. 7075.1040** [Renumbered 7077.0520] {#sec-7075.1040 omnilex-key=us-mn-regs-official--agency-167--7075.1040}
[Renumbered 7077.0520]
##### **Minn. R. 7075.1050** [Renumbered 7077.0535] {#sec-7075.1050 omnilex-key=us-mn-regs-official--agency-167--7075.1050}
[Renumbered 7077.0535]
##### **Minn. R. 7075.1060** [Renumbered 7077.0540] {#sec-7075.1060 omnilex-key=us-mn-regs-official--agency-167--7075.1060}
[Renumbered 7077.0540]
##### **Minn. R. 7075.1070** [Renumbered 7077.0550] {#sec-7075.1070 omnilex-key=us-mn-regs-official--agency-167--7075.1070}
[Renumbered 7077.0550]
##### **Minn. R. 7075.1080** [Renumbered 7077.0555] {#sec-7075.1080 omnilex-key=us-mn-regs-official--agency-167--7075.1080}
[Renumbered 7077.0555]
##### **Minn. R. 7075.1090** [Renumbered 7077.0560] {#sec-7075.1090 omnilex-key=us-mn-regs-official--agency-167--7075.1090}
[Renumbered 7077.0560]
##### **Minn. R. 7075.1100** [Repealed by amendment, 8 SR 694] {#sec-7075.1100 omnilex-key=us-mn-regs-official--agency-167--7075.1100}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.1105** [Renumbered 7077.0600] {#sec-7075.1105 omnilex-key=us-mn-regs-official--agency-167--7075.1105}
[Renumbered 7077.0600]
##### **Minn. R. 7075.1110** [Renumbered 7077.0605] {#sec-7075.1110 omnilex-key=us-mn-regs-official--agency-167--7075.1110}
[Renumbered 7077.0605]
##### **Minn. R. 7075.1115** [Renumbered 7077.0610] {#sec-7075.1115 omnilex-key=us-mn-regs-official--agency-167--7075.1115}
[Renumbered 7077.0610]
##### **Minn. R. 7075.1120** [Renumbered 7077.0615] {#sec-7075.1120 omnilex-key=us-mn-regs-official--agency-167--7075.1120}
[Renumbered 7077.0615]
##### **Minn. R. 7075.1125** [Renumbered 7077.0620] {#sec-7075.1125 omnilex-key=us-mn-regs-official--agency-167--7075.1125}
[Renumbered 7077.0620]
##### **Minn. R. 7075.1130** [Renumbered 7077.0625] {#sec-7075.1130 omnilex-key=us-mn-regs-official--agency-167--7075.1130}
[Renumbered 7077.0625]
##### **Minn. R. 7075.1135** [Renumbered 7077.0630] {#sec-7075.1135 omnilex-key=us-mn-regs-official--agency-167--7075.1135}
[Renumbered 7077.0630]
##### **Minn. R. 7075.1140** [Renumbered 7077.0640] {#sec-7075.1140 omnilex-key=us-mn-regs-official--agency-167--7075.1140}
[Renumbered 7077.0640]
##### **Minn. R. 7075.1145** [Renumbered 7077.0645] {#sec-7075.1145 omnilex-key=us-mn-regs-official--agency-167--7075.1145}
[Renumbered 7077.0645]
##### **Minn. R. 7075.1150** [Renumbered 7077.0650] {#sec-7075.1150 omnilex-key=us-mn-regs-official--agency-167--7075.1150}
[Renumbered 7077.0650]
##### **Minn. R. 7075.1155** [Renumbered 7077.0655] {#sec-7075.1155 omnilex-key=us-mn-regs-official--agency-167--7075.1155}
[Renumbered 7077.0655]
##### **Minn. R. 7075.1160** [Renumbered 7077.0660] {#sec-7075.1160 omnilex-key=us-mn-regs-official--agency-167--7075.1160}
[Renumbered 7077.0660]
##### **Minn. R. 7075.1200** [Repealed by amendment, 8 SR 694] {#sec-7075.1200 omnilex-key=us-mn-regs-official--agency-167--7075.1200}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.1300** [Repealed by amendment, 8 SR 694] {#sec-7075.1300 omnilex-key=us-mn-regs-official--agency-167--7075.1300}
[Repealed by amendment, 8 SR 694]
##### **Minn. R. 7075.1400** [Renumbered 7077.0700] {#sec-7075.1400 omnilex-key=us-mn-regs-official--agency-167--7075.1400}
[Renumbered 7077.0700]
##### **Minn. R. 7075.1410** [Renumbered 7077.0705] {#sec-7075.1410 omnilex-key=us-mn-regs-official--agency-167--7075.1410}
[Renumbered 7077.0705]
##### **Minn. R. 7075.1420** [Renumbered 7077.0710] {#sec-7075.1420 omnilex-key=us-mn-regs-official--agency-167--7075.1420}
[Renumbered 7077.0710]
##### **Minn. R. 7075.1430** [Renumbered 7077.0715] {#sec-7075.1430 omnilex-key=us-mn-regs-official--agency-167--7075.1430}
[Renumbered 7077.0715]
##### **Minn. R. 7075.1440** [Renumbered 7077.0720] {#sec-7075.1440 omnilex-key=us-mn-regs-official--agency-167--7075.1440}
[Renumbered 7077.0720]
##### **Minn. R. 7075.1450** [Renumbered 7077.0725] {#sec-7075.1450 omnilex-key=us-mn-regs-official--agency-167--7075.1450}
[Renumbered 7077.0725]
##### **Minn. R. 7075.1460** [Renumbered 7077.0730] {#sec-7075.1460 omnilex-key=us-mn-regs-official--agency-167--7075.1460}
[Renumbered 7077.0730]
##### **Minn. R. 7075.1470** [Renumbered 7077.0735] {#sec-7075.1470 omnilex-key=us-mn-regs-official--agency-167--7075.1470}
[Renumbered 7077.0735]
##### **Minn. R. 7075.1480** [Renumbered 7077.0740] {#sec-7075.1480 omnilex-key=us-mn-regs-official--agency-167--7075.1480}
[Renumbered 7077.0740]
##### **Minn. R. 7075.1490** [Renumbered 7077.0745] {#sec-7075.1490 omnilex-key=us-mn-regs-official--agency-167--7075.1490}
[Renumbered 7077.0745]
##### **Minn. R. 7075.1500** [Renumbered 7077.0750] {#sec-7075.1500 omnilex-key=us-mn-regs-official--agency-167--7075.1500}
[Renumbered 7077.0750]
##### **Minn. R. 7075.1510** [Renumbered 7077.0755] {#sec-7075.1510 omnilex-key=us-mn-regs-official--agency-167--7075.1510}
[Renumbered 7077.0755]
##### **Minn. R. 7075.1520** [Renumbered 7077.0760] {#sec-7075.1520 omnilex-key=us-mn-regs-official--agency-167--7075.1520}
[Renumbered 7077.0760]
##### **Minn. R. 7075.1530** [Renumbered 7077.0765] {#sec-7075.1530 omnilex-key=us-mn-regs-official--agency-167--7075.1530}
[Renumbered 7077.0765]
##### **Minn. R. 7075.2000** [Repealed, 30 SR 1130] {#sec-7075.2000 omnilex-key=us-mn-regs-official--agency-167--7075.2000}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.2100** [Repealed, 30 SR 1130] {#sec-7075.2100 omnilex-key=us-mn-regs-official--agency-167--7075.2100}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.2200** Repealed by subpart {#sec-7075.2200 omnilex-key=us-mn-regs-official--agency-167--7075.2200}
**Subpart 1.**
[Repealed, 30 SR 1130]
**Subp. 2.**
[Repealed, 10 SR 278; 30 SR 1130]
**Subp. 3.**
[Repealed, 10 SR 278; 30 SR 1130]
**Subp. 4.**
[Repealed, 10 SR 278; 30 SR 1130]
**Subp. 5.**
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.2505** [Renumbered 7077.0400] {#sec-7075.2505 omnilex-key=us-mn-regs-official--agency-167--7075.2505}
[Renumbered 7077.0400]
##### **Minn. R. 7075.2510** [Repealed, 15 SR 288] {#sec-7075.2510 omnilex-key=us-mn-regs-official--agency-167--7075.2510}
[Repealed, 15 SR 288]
##### **Minn. R. 7075.2515** [Renumbered 7077.0405] {#sec-7075.2515 omnilex-key=us-mn-regs-official--agency-167--7075.2515}
[Renumbered 7077.0405]
##### **Minn. R. 7075.2520** [Renumbered 7077.0410] {#sec-7075.2520 omnilex-key=us-mn-regs-official--agency-167--7075.2520}
[Renumbered 7077.0410]
##### **Minn. R. 7075.2525** [Renumbered 7077.0415] {#sec-7075.2525 omnilex-key=us-mn-regs-official--agency-167--7075.2525}
[Renumbered 7077.0415]
##### **Minn. R. 7075.2530** [Renumbered 7077.0420] {#sec-7075.2530 omnilex-key=us-mn-regs-official--agency-167--7075.2530}
[Renumbered 7077.0420]
##### **Minn. R. 7075.2535** [Renumbered 7077.0425] {#sec-7075.2535 omnilex-key=us-mn-regs-official--agency-167--7075.2535}
[Renumbered 7077.0425]
##### **Minn. R. 7075.2540** [Renumbered 7077.0430] {#sec-7075.2540 omnilex-key=us-mn-regs-official--agency-167--7075.2540}
[Renumbered 7077.0430]
##### **Minn. R. 7075.2545** [Renumbered 7077.0440] {#sec-7075.2545 omnilex-key=us-mn-regs-official--agency-167--7075.2545}
[Renumbered 7077.0440]
##### **Minn. R. 7075.2550** [Renumbered 7077.0445] {#sec-7075.2550 omnilex-key=us-mn-regs-official--agency-167--7075.2550}
[Renumbered 7077.0445]
##### **Minn. R. 7075.4900** [Repealed, 30 SR 1130] {#sec-7075.4900 omnilex-key=us-mn-regs-official--agency-167--7075.4900}
[Repealed, 30 SR 1130]
##### **Minn. R. 7075.5000** [Repealed, 30 SR 1130] {#sec-7075.5000 omnilex-key=us-mn-regs-official--agency-167--7075.5000}
[Repealed, 30 SR 1130]
## **Chapter 7076** CLEAN WATER PARTNERSHIP FINANCIAL ASSISTANCE
##### **Minn. R. 7076.0100** Purpose {#sec-7076.0100 omnilex-key=us-mn-regs-official--agency-167--7076.0100}
This chapter provides for the administration of the state clean water partnership financial assistance program and the federal nonpoint source management program as provided by the federal Water Pollution Control Act, United States Code, title 33, sections 1329 and 1330, as amended, commonly referred to as sections 319 and 320 of the federal Clean Water Act. Parts 7076.0100 to 7076.0290 implement these programs by establishing the conditions under which the agency may award state matching grants, provide technical assistance for the development and implementation of nonpoint source projects, and award low-interest loans from the state clean water revolving fund for the implementation of nonpoint source projects.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 20 SR 1245; L 2008 c 277 art 3 s 4; 37 SR 1334*
##### **Minn. R. 7076.0110** Definitions {#sec-7076.0110 omnilex-key=us-mn-regs-official--agency-167--7076.0110}
**Subpart 1. Scope.**
The terms used in parts 7076.0100 to 7076.0290 have the meanings given them in Minnesota Statutes, chapter 116, and rules adopted under that chapter and the meanings given them in this part. If terms defined in this part conflict with the definitions in Minnesota Statutes, chapter 116, and the rules adopted under that chapter, the definitions in this part govern.
**Subp. 2. Agency.**
"Agency" means the Pollution Control Agency.
**Subp. 3. Best management practices.**
"Best management practices" has the meaning given it in Minnesota Statutes, section 103F.711, subdivision 3.
**Subp. 4. Commissioner.**
"Commissioner" means the commissioner of the Pollution Control Agency or delegate.
**Subp. 4a. Financial assistance.**
"Financial assistance" means a project grant or project loan.
**Subp. 5.**
[Repealed, 16 SR 584]
**Subp. 5a. Loan sponsor.**
"Loan sponsor" means a local unit of government that enters into a loan contract with the agency. There may be more than one loan sponsor for a project.
**Subp. 6. Local share.**
"Local share" means the contributions of a local unit of government and project partners to the eligible cost of a project, including the value of cash expenditures; project loans used on eligible project activities; and in kind contributions of labor, equipment, material, and real property used for and expended on eligible project activities.
**Subp. 7. Local unit of government.**
"Local unit of government" has the meaning given it in Minnesota Statutes, section 103F.711, subdivision 5.
**Subp. 8. Local water plan.**
"Local water plan" means a comprehensive water plan authorized under Minnesota Statutes, chapter 103B; a surface water management plan required under Minnesota Statutes, section 103B.231; or an overall plan required under Minnesota Statutes, chapter 103D, that has been approved by the Board of Water and Soil Resources.
**Subp. 8a. Measurable outcomes.**
"Measurable outcomes" has the meaning given under Minnesota Statutes, section 3.303, subdivision 10, paragraph (b).
**Subp. 9. Nonpoint source.**
"Nonpoint source" has the meaning given it in Minnesota Statutes, section 103F.711, subdivision 6.
**Subp. 10. Official controls.**
"Official controls" means ordinances and regulations that control the physical development of the whole or part of a local unit of government or that implement the general objectives of the local unit of government.
**Subp. 11.**
[Repealed, 16 SR 584]
**Subp. 12. Project.**
"Project" has the meaning given it in Minnesota Statutes, section 103F.711, subdivision 8.
**Subp. 13. Project area.**
"Project area" means the area identified as hydrologically contributing to the water of concern.
**Subp. 14.**
[Repealed, 20 SR 1245]
**Subp. 15.**
[Repealed, 37 SR 1334]
**Subp. 16.**
[Repealed, 16 SR 584]
**Subp. 17.**
[Repealed, 16 SR 584]
**Subp. 18.**
[Repealed, 37 SR 1334]
**Subp. 18a.**
[Repealed, 37 SR 1334]
**Subp. 19. Project grant or grant.**
"Project grant" or "grant" means a grant from the agency to the project sponsor for the implementation of a nonpoint source project.
**Subp. 19a. Project loan.**
"Project loan" or "loan" means a loan from the agency to the loan sponsor for the implementation of a nonpoint source project.
**Subp. 19b. Project loan set rate.**
"Project loan set rate" means the prime interest rate as published in the current Wall Street Journal.
**Subp. 19c. Project period.**
"Project period" means a three-year period as found in a project contract for completion of project activities defined in a project work plan. This period may be extended an additional year upon written approval by the commissioner.
**Subp. 19d. Project partners.**
"Project partners" means local individuals and local organizations that will assist the project sponsor in the development and implementation of the project.
**Subp. 20. Project sponsor.**
"Project sponsor" means the local unit of government that is responsible for development and implementation of the project, applies for financial assistance, and is a party to all grant and loan contracts entered into by the agency to provide financial assistance.
**Subp. 20a.**
[Repealed, 37 SR 1334]
**Subp. 20b.**
[Repealed, 37 SR 1334]
**Subp. 20c. Second-tier borrower.**
"Second-tier borrower" means a person who receives a second-tier loan from a loan sponsor.
**Subp. 20d. Second-tier loan.**
"Second-tier loan" means a loan made by the loan sponsor, using project loan funds, for implementation of project activities by a person other than the loan sponsor.
**Subp. 20e. State revolving fund.**
"State revolving fund" means the state clean water revolving fund created by Minnesota Statutes, section 446A.07.
**Subp. 21. Water pollution.**
"Water pollution" has the meaning given it in Minnesota Statutes, section 115.01, subdivision 13.
**Subp. 22. Waters of the state.**
"Waters of the state" has the meaning given it in Minnesota Statutes, section 115.01, subdivision 22.
**Subp. 23. Water of concern.**
"Water of concern" means the specific surface water or groundwater of the state which the project is focused on protecting, enhancing, or restoring.
**Subp. 24. Work plan.**
"Work plan" means a document prepared by a project sponsor that describes in detail the work activities to be undertaken by the sponsor to fulfill the requirements of Minnesota Statutes, sections 103F.701 to 103F.755, and is approved by the commissioner.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; L 2008 c 277 art 3 s 4; L 2011 c 107 s 107; 37 SR 1334*
##### **Minn. R. 7076.0120** Available Assistance {#sec-7076.0120 omnilex-key=us-mn-regs-official--agency-167--7076.0120}
**Subpart 1. Grants.**
The grants available for nonpoint source projects are for a maximum of 50 percent of the eligible cost of the project.
**Subp. 1a. Loans.**
Loans may cover up to 100 percent of the eligible costs of the project or may be used to finance the local share of a project grant.
**Subp. 2. Technical assistance.**
Within the limits of available resources, the agency may provide technical assistance to local units of government in order to ensure efficient and effective development and implementation of projects.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; 37 SR 1334*
##### **Minn. R. 7076.0130** Eligibility Criteria {#sec-7076.0130 omnilex-key=us-mn-regs-official--agency-167--7076.0130}
**Subpart 1. Grant-eligible proposers.**
Only local units of government are eligible to apply for grants and receive technical assistance. A local unit of government is eligible to apply for grants and request technical assistance if it has the following:
A. the authority to coordinate and enter into contracts with local, state, and federal agencies and private organizations for the purpose of carrying out a project;
B. the authority to generate cash revenues and in kind contributions for the local share of a project; and
C. an approved local water plan that addresses the water of concern.
**Subp. 1a. Loan-eligible proposers.**
Only local units of government that meet the requirements of subpart 1 are eligible to apply for loans and receive technical assistance. A local unit of government is eligible to receive a loan if it has the following:
A. the ability to pledge its full faith and credit to ensure repayment of a project loan;
B. the authority to generate cash revenues for the repayment of a loan; and
C. the authority to enter into a loan agreement with the agency. If the local unit of government submitting the proposal does not meet the criteria in items A to C, it must submit a resolution from at least one local unit of government that does meet the criteria stating that the loan-eligible local unit of government resolves to participate in the project as a loan sponsor.
**Subp. 2. Eligible costs.**
Project costs are eligible for financial assistance if they are reasonable, necessary, and allocable to the project. The dredging of harbors, lakes, ditches, constructed wetlands, and existing sedimentation basins; sewage treatment system upgrades; and the use of ferric chloride, aluminum sulfate, or other chemicals to precipitate phosphorus are eligible for loan funds but are not eligible for grant funds. In addition, costs related to any of the following activities are eligible for financial assistance:
A. water quality monitoring, water resource and project area data and information collection, data and information analysis and assessment, and related tasks;
B. fiscal and management activities including report preparation;
C. selection, design, layout, and installation of best management practices consistent with the federal Water Pollution Control Act, United States Code, title 33, sections 1329 and 1330, referred to as sections 319 and 320 of the federal Clean Water Act, as amended;
D. development, review, and inspection of procedures for the installation, operation, and maintenance of best management practices;
E. the costs of implementation of best management practices for animal feedlot operations if the best management practice installation is not related to a criminal enforcement action or a civil enforcement action involving financial penalties;
F. development and implementation of public education materials and activities;
G. development and implementation of official controls;
H. acquisition of easements and property; and
I. other activities determined by the agency or established by federal regulation to be necessary to carry out the project.
**Subp. 3. Ineligible costs.**
Ineligible costs include any costs that are not related to the activities in subpart 2. Costs identified under subpart 2 are ineligible if the related project activities are started before the grant contract has been signed by the commissioner or before the loan contract has been signed by the commissioner and the commissioner of management and budget. In addition, the following costs are ineligible for financial assistance whether or not they relate to the activities in subpart 2:
A. operation and maintenance of best management practices;
B. activities regulated by the Petroleum Tank Release Cleanup Act, Minnesota Statutes, chapter 115C; the Environmental Response Compensation and Liability Act, Minnesota Statutes, chapter 115B; the Agricultural Chemical Liability Act, Minnesota Statutes, chapter 18D; the Comprehensive Environmental Response, Compensation, and Liability Act, United States Code, title 42, sections 9601 to 9675; and the Resource Conservation and Recovery Act, United States Code, title 42, sections 6901 to 6991;
C. activities regulated by the national pollutant discharge elimination system permit program, parts 7001.1000 to 7001.1100, except that the following are eligible costs:
D. activities regulated by a condition of a solid waste or hazardous waste permit or the agency solid waste rules, chapter 7035; or the agency hazardous waste rules, chapter 7045;
E. activities funded by state or federal grants or loans for publicly owned treatment works;
F. regulated practices to control spills of pesticides, fertilizer, petroleum, and related materials from bulk storage facilities;
G. regulated practices to manage toxic or hazardous materials;
H. commercial operations and industrial processes and land use and land management activities directly related to commercial operations and industrial processes including plant yards, access roads, drainage ponds, refuse piles, storage piles, and material product loading areas, excluding farming operations occurring on the farm itself;
I. active and inactive mining activities;
J. building and utility construction;
K. highway and road construction;
L. activities intended primarily for flood control; and
M. activities that violate local, state, and federal statutes, rules, and regulations.
**Subp. 4. Eligible local share for project grants.**
Any grant- or loan-eligible project costs as described in subparts 2 and 3 that are not funded through a project grant are eligible as local share. At least 30 percent of the project costs must be derived from nonstate and nonfederal sources. Project loans are considered nonstate and nonfederal sources for the purposes of this subpart. Costs incurred by a land occupier or project partner for the installation of best management practices may be considered a part of the local share provided the following conditions are met:
A. the primary purpose of the best management practices is for protection, enhancement, or restoration of water quality;
B. any structural best management practices must be designed for a minimum effective life of ten years;
C. any equipment purchased for operational best management practices must have a minimum effective life of ten years and be maintained or replaced by the land occupier during this period of time, or there must be a plan approved by the commissioner scheduling the phase-out of the operational best management practices; and
D. there must be an operation and maintenance plan for the minimum effective life of the best management practices.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; L 2009 c 101 art 2 s 109; 37 SR 1334*
##### **Minn. R. 7076.0140** Notice of Financial Assistance Availability {#sec-7076.0140 omnilex-key=us-mn-regs-official--agency-167--7076.0140}
**Subpart 1. Notice.**
The commissioner will provide notice that proposals for project grants and loans will be accepted whenever the commissioner determines that funds are available to award the financial assistance. Notice will be provided through the agency's website, through the state's electronic financial portal, or by publication in the State Register. The notice will contain the requirements necessary for the proposal and a deadline for proposal submittal, which must be no less than 60 days from the date of notification.
**Subp. 2.**
[Repealed, 37 SR 1334]
**Subp. 3. Financial assistance proposal periods.**
The commissioner must establish at least one financial assistance proposal period each calendar year, if funds are available.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; 37 SR 1334; 38 SR 1001*
##### **Minn. R. 7076.0150** Financial Assistance Proposal {#sec-7076.0150 omnilex-key=us-mn-regs-official--agency-167--7076.0150}
**Subpart 1. General requirements.**
The financial assistance proposal must be submitted by the project sponsor on an agency form designed to comply with subpart 2.
**Subp. 2. Proposal requirements.**
A project proposal must contain the following information:
A. a resolution by the project sponsor, authorizing the filing of the proposal and designating an official authorized to execute the grant and loan proposal;
B. written statement that the project sponsor has consulted with the local water planning authority, soil and water conservation districts, and watershed districts in the project area in preparing the proposal;
C. identification of local units of government, agencies, and organizations that will be involved in the project;
D. an estimated project budget and the amount of grant and loan funding requested, based on estimated project costs;
E. a list identifying the amount, type, and source of the local share;
F. preliminary goals and objectives;
G. a statement of existing water quality conditions and problems and the existing and desired uses of the water of concern;
H. an identification and summary of activities that the grant and loan would make possible;
I. a preliminary schedule of project activities;
J. documents required by state or federal statutes, rules, and regulations; and
K. if the proposer is requesting a loan:
**Subp. 3.**
[Repealed, 37 SR 1334]
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; 37 SR 1334*
##### **Minn. R. 7076.0160** Rejection of Financial Assistance Proposal {#sec-7076.0160 omnilex-key=us-mn-regs-official--agency-167--7076.0160}
**Subpart 1. Grounds.**
A proposal for financial assistance shall be rejected by the commissioner for the following reasons:
A. an ineligible proposer;
B. ineligible costs;
C. a late submittal;
D. failure to comply with any requirement of statute or rule;
E. recent agency experience of grant noncompliance by the local unit of government; or
F. an incomplete proposal.
**Subp. 2. Procedure.**
The commissioner shall review each financial assistance proposal within 30 days after the deadline for proposal submittal. The commissioner shall notify each rejected proposer of the rejection of its proposal and the reasons for the rejection, as provided under subpart 1.
**Subp. 3. Effect of rejection.**
A proposer whose proposal is rejected may reapply in a subsequent proposal period to be considered for financial assistance.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; 37 SR 1334*
##### **Minn. R. 7076.0170** Project Ranking {#sec-7076.0170 omnilex-key=us-mn-regs-official--agency-167--7076.0170}
**Subpart 1. Process of ranking.**
Upon completion of the commissioner's review of the proposals for acceptability, the agency shall rank the acceptable proposals in order of priority. Each project for which an acceptable proposal has been submitted must be awarded the number of priority points to which the project is entitled under subpart 2. The proposal with the highest number of priority points will be given the highest priority. All proposals will be given a ranking depending on the number of points awarded.
**Subp. 2. Priority points for project proposals.**
A. The agency must use the criteria in item B to determine the number of priority points to be awarded in the evaluation of each project proposal. Each project shall receive a whole number from zero to ten under each of the following criteria, depending on how well the project satisfies each criteria. The number of points awarded under each of the criteria assigned by the agency must be added together to determine the project's total point value. This total number must be used to determine the project's overall ranking and priority.
B. The criteria for the project proposals are as follows:
**Subp. 3.**
[Repealed, 37 SR 1334]
**Subp. 4.**
[Repealed, 37 SR 1334]
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; 37 SR 1334*
##### **Minn. R. 7076.0180** Allocation of Funding {#sec-7076.0180 omnilex-key=us-mn-regs-official--agency-167--7076.0180}
**Subpart 1.**
[Repealed, 37 SR 1334]
**Subp. 2. Grant fund allocation.**
Within 60 days following the close of a proposal period, the agency shall determine how much of the funds will be made available for project grant awards. In deciding how much money to make available for new grant awards, the agency shall consider the necessity to have money available for subsequent grant periods and other factors relating to the agency's ability to ensure that money will be available for upcoming projects. If the agency is appropriated grant funding for special purposes, that funding can be set aside for a designated use.
**Subp. 3.**
[Repealed, 37 SR 1334]
**Subp. 4. Loan fund allocation.**
Within 60 days following the close of a proposal period, the agency shall determine how much of the loan funding will be made available for project loan awards. In deciding how much money to make available for new loan awards, the agency shall consider the necessity to have money available for subsequent loan periods and other factors relating to the agency's ability to ensure that money will be available for upcoming projects.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; 37 SR 1334*
##### **Minn. R. 7076.0190** Selection of Projects for Award {#sec-7076.0190 omnilex-key=us-mn-regs-official--agency-167--7076.0190}
**Subpart 1. Ranking.**
The agency shall complete its ranking of all projects for which an acceptable proposal has been submitted within 60 days of the close of the proposal period.
**Subp. 2. Projects funded.**
The agency shall offer financial assistance to the highest priority proposals within the limits of available funds established under part 7076.0180. A project that receives 50 percent or less of the available points will not be considered for award of funds.
**Subp. 3. Agency decision.**
All decisions of the agency in ranking projects and awarding financial assistance must be made by the commissioner.
**Subp. 4. Timing.**
The agency shall make its decision on fund allocation, project ranking, and projects to which financial assistance will be awarded within 60 days following the close of the proposal period. After the decision is made, a proposer may request a written explanation of the priority points awarded the proposal by the agency.
**Subp. 5. Reapplication.**
A proposer whose proposal is not awarded financial assistance may reapply in a subsequent proposal period to be considered for financial assistance.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; 37 SR 1334*
##### **Minn. R. 7076.0200** [Repealed, 37 SR 1334] {#sec-7076.0200 omnilex-key=us-mn-regs-official--agency-167--7076.0200}
[Repealed, 37 SR 1334]
##### **Minn. R. 7076.0210** Grant Conditions {#sec-7076.0210 omnilex-key=us-mn-regs-official--agency-167--7076.0210}
**Subpart 1. Amount.**
A grant may be made for a maximum of 50 percent of the eligible cost of the project. When awarding grants, the agency may award the project all or part of the grant request identified in the proposal.
**Subp. 2.**
[Repealed, 20 SR 1245]
**Subp. 3. Grant contract.**
The project sponsor must enter into a grant contract with the agency to receive grant funds. The grant contract may be amended upon agreement of the agency and the project sponsor and execution by all the parties that signed the original contract, or their successors in office. Grant increase amendments shall be subject to the availability of funds. The project period for a grant shall be for up to three years, with a possible one-year extension upon approval by the commissioner. The grant contract must:
A. establish the terms and conditions of the grant;
B. provide that the project sponsor may enter into subcontracts, under terms and conditions specified by the agency, to complete the work specified in the contract;
C. provide that cost overruns are the sole responsibility of the project sponsor;
D. require that the project sponsor submit periodic progress reports and a final report to the commissioner in a format and schedule prescribed by the commissioner; and
E. incorporate terms and conditions required by federal or state statutes, rules, and regulations.
**Subp. 4. Records.**
The project sponsor shall maintain all records relating to the receipt and expenditure of grant funds for at least six years from the date of termination of the grant contract. Records relating to the installation, operation, and maintenance of best management practices shall be maintained for three years beyond the design or useful life of the practice.
**Subp. 5. Audit.**
The project sponsor must agree that the books, records, documents, and accounting procedures and practices of the project sponsor relevant to this program may be examined at any reasonable time and location by the commissioner, legislative auditor, or state auditor.
**Subp. 6.**
[Repealed, 20 SR 1245]
**Subp. 7.**
[Repealed, 20 SR 1245]
**Subp. 8.**
[Repealed, 20 SR 1245]
**Subp. 9.**
[Repealed, 20 SR 1245]
**Subp. 10. Eligible costs.**
No grant funds shall be provided to the project sponsor for grant eligible project activities started before the project period established in the grant contract or continuing after the end of the project period established in the grant contract.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; 37 SR 1334*
##### **Minn. R. 7076.0215** Loan Conditions {#sec-7076.0215 omnilex-key=us-mn-regs-official--agency-167--7076.0215}
**Subpart 1. Amount.**
A loan may be made for up to 100 percent of the eligible cost of a project, or for all or part of the local share of a project grant. When awarding loans, the agency may award the project all or part of the loan request identified in the proposal.
**Subp. 2. Interest rate.**
The interest rate of the project loan must be at or below the project loan set rate. The commissioner shall determine the project loan interest rate for each application cycle based on current market conditions, the project loan set rate, and the need to maintain the fiscal integrity of the state revolving fund.
**Subp. 3. Second-tier loans.**
A loan sponsor awarded a loan by the agency may use the funds it receives to provide loans to second-tier borrowers. The loan sponsor must provide the information and assurances required in the loan contract as described in subpart 5.
**Subp. 4. Repayment.**
Repayment of loan funds received must begin not more than one year after the end of the project period, and the loan must be fully amortized not later than 20 years after the end of the project period. Loan repayments must be remitted to the agency at least annually, according to a schedule set forth in the loan contract.
**Subp. 5. Loan contract.**
To receive loan funds, the project sponsor and one or more loan sponsors must enter into a loan contract with the agency. A loan contract may be amended upon agreement of the agency, the project sponsor, and the loan sponsor and executed by all parties that signed the original contract, or their successors in office. Loan increase amendments are subject to the availability of funds. The project period for a loan shall be for up to three years, with a possible one-year extension upon approval by the commissioner. All loan contracts must:
A. establish the terms and conditions of the loan;
B. require the loan sponsor to undertake an irrevocable obligation and secure the project loan with its full faith and credit, and include an opinion from a bond counsel attorney stating that the loan sponsor has the authority to pledge its full faith and credit;
C. establish default provisions;
D. establish the roles and responsibilities of the project sponsor and any loan sponsors in regards to the coordination and management of the project;
E. provide that any subcontracts entered into by the project sponsor or loan sponsors to complete the work specified in the loan contract must include the terms and conditions specified by the agency;
F. require that the project sponsor submit periodic progress reports and a final report to the commissioner in a form and schedule prescribed by the commissioner;
G. establish the guidelines for and management of a second-tier loan program, if any;
H. provide that the agency is not responsible for cost overruns; and
I. incorporate terms and conditions required by federal or state statutes, rules, and regulations.
**Subp. 6. Records.**
The project sponsor and any loan sponsors must maintain all records relating to the receipt and expenditure of loan funds for at least six years from the date of termination of the loan contract, according to the responsibilities identified in the loan contract. Records relating to the installation, operation, and maintenance of best management practices must be maintained for three years beyond the design or useful life of the practice.
**Subp. 7. Audit.**
The project sponsor and any loan sponsors must obtain audits in accordance with the Single Audit Act of 1984, United States Code, title 31, sections 7501 to 7507, and federal Environmental Protection Agency regulations, including Code of Federal Regulations, title 40, section 31.26, as applicable. All books, records, documents, and accounting procedures and practices of the project sponsor and any loan sponsors relevant to this program may be examined at any reasonable time and location by the commissioner, the legislative auditor, the state auditor, or the Environmental Protection Agency.
**Subp. 8. Eligible costs.**
No loan funds shall be provided to the loan sponsor for loan-eligible project activities started before the project period established in the loan contract, or continuing after the end of the project period established in the loan contract.
**History**
- *Statutory Authority: MS s 103F.745*
- *History: 20 SR 1245; 37 SR 1334*
##### **Minn. R. 7076.0220** [Repealed, 20 SR 1245] {#sec-7076.0220 omnilex-key=us-mn-regs-official--agency-167--7076.0220}
[Repealed, 20 SR 1245]
##### **Minn. R. 7076.0225** Work Plan and Reports for Project Grants and Loans {#sec-7076.0225 omnilex-key=us-mn-regs-official--agency-167--7076.0225}
**Subpart 1.**
[Repealed, 37 SR 1334]
**Subp. 1a. Work plan.**
The project sponsor, in cooperation with agency staff, must prepare a work plan after the grant and loan is awarded, in a form prescribed by the commissioner, and must submit the work plan to the commissioner for approval. The work plan must provide measurable outcomes. When selecting best management practices for inclusion in a project, the project sponsor shall consider each of the following factors in evaluating the best management practices:
A. whether the best management practice will achieve the desired project objectives;
B. whether the best management practice will create other water quality or environmental problems;
C. the degree of nonpoint source control achieved for the amount of resources allocated for that control;
D. whether a less costly best management practice could achieve a similar result;
E. whether the best management practice is reasonably suited for the individual site or priority management area; and
F. the likelihood of adoption of the best management practice.
**Subp. 2. Semiannual progress report.**
The project sponsor must submit a progress report to the commissioner, in a form prescribed by the commissioner, by August 1 and February 1 for the six-month period of January through June and July through December, respectively, of each calendar year of the project period.
**Subp. 3.**
[Repealed, 37 SR 1334]
**Subp. 3a. Project review and budget adjustment.**
Upon expenditure of 50 percent of the project grant or loan, the project sponsor must submit to the commissioner for review and approval a detailed summary of project expenditures and completed work activities. The commissioner shall review the summary to verify cost eligibility and acceptable completion of work plan activities, to compare actual expenditures with the approved project work plan budget, and to verify that the terms of the grant or loan contract are being met.
**Subp. 4.**
[Repealed, 37 SR 1334]
**Subp. 5. Project final report.**
Upon completion of the project, and in a form prescribed by the commissioner, the project sponsor must submit to the commissioner for review and approval a detailed summary of project expenditures, completed work activities, and measurable outcomes. The commissioner shall review the summary to verify cost eligibility and acceptable completion of work plan activities, to compare actual expenditures with the approved project work plan budget, and to verify that the terms of the grant or loan contract are being met. If the commissioner finds that any funds were used for ineligible project costs, those funds must be returned to the agency, along with any interest or fees, as outlined in the contract.
**History**
- *Statutory Authority: MS s 103F.745*
- *History: 20 SR 1245; 37 SR 1334*
##### **Minn. R. 7076.0230** Repealed by subpart {#sec-7076.0230 omnilex-key=us-mn-regs-official--agency-167--7076.0230}
**Subpart 1.**
[Repealed, 37 SR 1334]
**Subp. 1a.**
[Repealed, 37 SR 1334]
**Subp. 2.**
[Repealed, 37 SR 1334]
**Subp. 3.**
[Repealed, 16 SR 584]
##### **Minn. R. 7076.0240** Repealed by subpart {#sec-7076.0240 omnilex-key=us-mn-regs-official--agency-167--7076.0240}
**Subpart 1.**
[Repealed, 37 SR 1334]
**Subp. 1a.**
[Repealed, 20 SR 1245]
**Subp. 2.**
[Repealed, 37 SR 1334]
**Subp. 3.**
[Repealed, 37 SR 1334]
**Subp. 4.**
[Repealed, 37 SR 1334]
**Subp. 5.**
[Repealed, 16 SR 584]
##### **Minn. R. 7076.0250** [Repealed, 37 SR 1334] {#sec-7076.0250 omnilex-key=us-mn-regs-official--agency-167--7076.0250}
[Repealed, 37 SR 1334]
##### **Minn. R. 7076.0260** [Repealed, 37 SR 1334] {#sec-7076.0260 omnilex-key=us-mn-regs-official--agency-167--7076.0260}
[Repealed, 37 SR 1334]
##### **Minn. R. 7076.0270** [Repealed, 37 SR 1334] {#sec-7076.0270 omnilex-key=us-mn-regs-official--agency-167--7076.0270}
[Repealed, 37 SR 1334]
##### **Minn. R. 7076.0280** Grant Payments {#sec-7076.0280 omnilex-key=us-mn-regs-official--agency-167--7076.0280}
**Subpart 1. Initial payment.**
After the commissioner has signed the grant contract between the agency and the project sponsor, and contingent upon the availability of grant funds, the agency shall provide to the project sponsor 25 percent of the grant award provided in the grant contract. After the project sponsor has spent this amount, the sponsor shall provide, in a form prescribed by the commissioner, an accounting for the grant and match expenditures to the commissioner for review.
**Subp. 2.**
[Repealed, 37 SR 1334]
**Subp. 3.**
[Repealed, 37 SR 1334]
**Subp. 4.**
[Repealed, 37 SR 1334]
**Subp. 5.**
[Repealed, 37 SR 1334]
**Subp. 5a. Reimbursement payments.**
Following approval of the accounting in subpart 1, the agency shall promptly pay the project sponsor for any expenses incurred after the sponsor presents an itemized invoice, in a form prescribed by the commissioner, for work actually performed.
**Subp. 6. Final payment.**
The agency shall withhold a minimum of ten percent of the grant award until the agency is satisfied that the project has been completed according to the terms of the grant contract and parts 7076.0100 to 7076.0290. More than ten percent of the grant award shall be withheld if, after the project review outlined in part 7076.0225, subpart 3a, the costs necessary to complete the project are less than those identified in the grant contract.
**Subp. 7.**
[Repealed, 20 SR 1245]
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 16 SR 584; 20 SR 1245; L 2009 c 101 art 2 s 109; 37 SR 1334*
##### **Minn. R. 7076.0285** Loan Payments {#sec-7076.0285 omnilex-key=us-mn-regs-official--agency-167--7076.0285}
**Subpart 1. Payments.**
The project sponsor or loan sponsor must submit to the agency a certification of incurred costs in a form and schedule prescribed by the agency, which certifies that eligible costs have been incurred, but not necessarily paid, by the project sponsor or loan sponsor for work on the project. Upon receiving the certification, the agency must pay the project sponsor or loan sponsor if the sponsor is in compliance with the conditions of the loan contract and the requirements of parts 7076.0100 to 7076.0290.
**Subp. 2.**
[Repealed, 37 SR 1334]
**Subp. 3.**
[Repealed, 37 SR 1334]
**History**
- *Statutory Authority: MS s 103F.745*
- *History: 20 SR 1245; L 2009 c 101 art 2 s 109; 37 SR 1334*
##### **Minn. R. 7076.0290** Rescission of Financial Assistance {#sec-7076.0290 omnilex-key=us-mn-regs-official--agency-167--7076.0290}
The agency may rescind and seek repayment of a financial assistance award if the project is not being completed in accordance with the terms and conditions of the grant or loan contract, including time schedules.
**History**
- *Statutory Authority: MS s 103F.745; 115.10*
- *History: 13 SR 661; 20 SR 1245*
## **Chapter 7077** WASTEWATER AND STORM WATER TREATMENT ASSISTANCE
##### **Minn. R. 7077.0100** Purpose {#sec-7077.0100 omnilex-key=us-mn-regs-official--agency-167--7077.0100}
This chapter provides for the Minnesota Pollution Control Agency's administration of financial assistance programs for the construction of municipal wastewater and stormwater treatment systems. The programs in this chapter, which are jointly administered by the agency and the authority, are:
A. the financial assistance program, consisting of:
B. the individual sewage treatment systems grants program under Minnesota Statutes, section 116.18, subdivision 3c. Parts 7077.0105 to 7077.0292 apply to the agency's responsibilities under the financial assistance program. Parts 7077.0700 to 7077.0765 apply to the individual sewage treatment systems grants program.
**History**
- *Statutory Authority: MS s 116.07; 116.182; 446A.07*
- *History: 15 SR 288; 17 SR 3097; 21 SR 482; 30 SR 923*
##### **Minn. R. 7077.0105** Definitions {#sec-7077.0105 omnilex-key=us-mn-regs-official--agency-167--7077.0105}
**Subpart 1. Scope.**
For the purposes of chapter 7077, the terms defined in this part and in Minnesota Statutes, chapters 115 and 116, have the meanings given them.
**Subp. 2. Act.**
"Act" means the Federal Water Pollution Control Act, United States Code, title 33, sections 1251 et seq.
**Subp. 3. Adequate errors and omissions insurance.**
"Adequate errors and omissions insurance" means an insurance policy that provides the minimum amount of coverage for the corresponding estimated project construction cost, as determined from the following table, and that is maintained for a minimum of two years after initiation of operation of the project.
**Subp. 4.**
[Repealed, 17 SR 3097]
**Subp. 5. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 6. Authority.**
"Authority" means the Minnesota Public Facilities Authority.
**Subp. 7. Average dry weather flow.**
"Average dry weather flow" means the daily average flow when the groundwater is at or near normal and a runoff condition is not occurring.
**Subp. 8. Average wet weather flow.**
"Average wet weather flow" means the daily average flow for the wettest 30 consecutive days for mechanical facilities or for the wettest 180 consecutive days for controlled discharge pond systems. The 180 consecutive days for pond systems must be based on either the storage period from approximately November 15 through May 15 or the storage period from approximately May 15 through November 15.
**Subp. 8a.**
[Repealed, 38 SR 444]
**Subp. 8b. Beneficial use of wastewater.**
"Beneficial use of wastewater" means the use of effluent from a wastewater treatment plant that reduces or replaces the use of groundwater, surface water, or potable water.
**Subp. 8c. Best management practices or BMP's.**
"Best management practices" or "BMP's" has the meaning given under part 7090.0080, subpart 2.
**Subp. 9. Budget period.**
"Budget period" means the period of time approved by the commissioner during which a municipality may incur reimbursable costs.
**Subp. 9a. Collection facilities.**
"Collection facilities" means that part of a wastewater treatment system that collects and transports wastewater, including sewers, lift stations, conveyance systems, interceptors, temporary storage basins, and related facilities.
**Subp. 10. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 11. Debt charge.**
"Debt charge" means the charge levied on users of a wastewater treatment facility for the user's share of the local capital costs of construction of the facility.
**Subp. 11a. Discharge monitoring report.**
"Discharge monitoring report" means the monthly report that contains information about the wastewater entering, treated, and discharged from a wastewater treatment system and that is submitted by a municipality to the commissioner as required by an NPDES or SDS permit.
**Subp. 11b. Environmental information worksheet.**
"Environmental information worksheet" means a form prescribed by the commissioner describing a proposed clean water revolving fund project.
**Subp. 11c. Evaluator/designer.**
"Evaluator/designer" means a person approved by the commissioner, in accordance with part 7077.0720, who investigates soils and site characteristics to determine suitability, limitations, soil type, and sizing requirements for individual sewage treatment systems and design treatment systems that conform to chapter 7080.
**Subp. 12. Excessive infiltration.**
"Excessive infiltration" means the quantity of flow which is more than 120 gallons per capita per day (domestic base flow and infiltration).
**Subp. 13. Excessive inflow.**
"Excessive inflow" means the quantity of flow during storm events that results in chronic operational problems related to hydraulic overloading of the treatment system or that results in a total flow of more than 275 gallons per capita per day (domestic and industrial base flow plus infiltration plus inflow). Chronic operational problems may include surcharging, backups, bypasses, and overflows.
**Subp. 13a. Expanded discharge.**
"Expanded discharge" to an outstanding resource value water means a discharge that changes in volume, quality, location, or any other manner after the effective date the outstanding resource value water was designated as described in parts 7050.0460 and 7050.0470, such that an increased loading of one or more pollutants results. In determining whether an increased loading of one or more pollutants would result from the proposed change in the discharge, the agency shall compare the loading that would result from the proposed discharge with the loading allowed by the agency as of the effective date of outstanding resource value water designation.
For all other waters of the state, expanded discharge means a discharge that changes in volume, quality, location, or any other manner after January 1, 1988, such that an increased loading of one or more pollutants would result from the proposed change in discharge. The agency shall compare the loadings that would result from the proposed discharge with the loading allowed by the agency on January 1, 1988.
**Subp. 14. Facilities plan.**
"Facilities plan" means the plans, studies, and reports necessary to determine wastewater treatment needs of a project service area, to systematically evaluate wastewater treatment alternatives that shall result in compliance with enforceable water quality permit conditions, and to identify the cost-effective implementable alternative. All structures with wastewater flows within the project service area must be evaluated for needs.
**Subp. 14a.**
[Repealed, 30 SR 923]
**Subp. 15. Fiscal year.**
"Fiscal year" means the state fiscal year which begins July 1 and ends the following June 30.
**Subp. 15a. Impaired waters.**
"Impaired waters" means surface waters that the agency has placed on an impaired waters inventory list for not meeting applicable water quality standards under chapters 7050 and 7052. Impaired waters appear on the inventory list under various categories of impairment: pending completion of a TMDL; where a TMDL has been approved; or where a TMDL is currently not required. The United States Environmental Protection Agency approves the list of waters that require a TMDL in accordance with section 303(d) of the Clean Water Act; approves the TMDL's; and approves the agency's listing of waters for which a TMDL is currently not required.
**Subp. 16.**
[Repealed, 17 SR 3097]
**Subp. 16a. Individual sewage treatment system.**
"Individual sewage treatment system" has the meaning given in part 7080.0020, subpart 21.
**Subp. 17. Infiltration.**
"Infiltration" means water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.
**Subp. 18. Inflow.**
"Inflow" means water other than wastewater that enters a sewer system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
**Subp. 18a. Initiation of operation.**
"Initiation of operation" means the date on which all components of the stormwater treatment system or the wastewater treatment system and all individual sewage treatment systems within a project service area are complete and functioning and the project begins operating for the purposes for which it was planned, designed, and built.
**Subp. 19. Intended use plan.**
"Intended use plan" means the document prepared annually by the authority under Minnesota Statutes, section 446A.07, subdivision 4.
**Subp. 19a. Lake.**
"Lake" means an enclosed basin filled or partially filled with standing fresh water with a maximum depth greater than 15 feet. A lake may have no inlet or outlet, an inlet or outlet, or both. If a different definition of lake is adopted in chapter 7050, that definition applies to this chapter.
**Subp. 19b. Maintenance plan.**
"Maintenance plan" means a plan developed and administered by a municipality that demonstrates how the maintenance requirements of chapter 7080 shall be implemented and enforced.
**Subp. 19c. Maximum design flow.**
"Maximum design flow" means the design flow used to size septic tanks. For structures with wastewater flows used as a residence, it is determined by the number of bedrooms as defined in chapter 7080. For other structures with wastewater flows, it is determined by the best available data provided by the agency.
**Subp. 20.**
[Repealed, 17 SR 3097]
**Subp. 21.**
[Repealed, 17 SR 3097]
**Subp. 21a. Maximum impact zone.**
"Maximum impact zone" means a standardized area with the highest density of unsewered structures that allows the impact of wastewater discharged by individual sewage treatment systems to be compared between project service areas. The maximum impact zone is the smallest circle which can be drawn which contains 90 percent of the structures with wastewater flows in a project service area.
**Subp. 22.**
[Repealed, 17 SR 3097]
**Subp. 22a. Minimum secondary treatment standards.**
"Minimum secondary treatment standards" means the standards listed under part 7050.0211, subpart 1.
**Subp. 23.**
[Repealed, 17 SR 3097]
**Subp. 24. Municipality.**
"Municipality" means any county, city, town, the Metropolitan Council Environmental Services, the Metropolitan Council when acting under chapter 473, an Indian tribe or an authorized Indian tribal organization, or any other governmental subdivision of the state responsible by law for the prevention, control, and abatement of water pollution in any area of the state.
**Subp. 25. Need.**
"Need" means a new or upgraded wastewater treatment system is necessary for a municipality to comply with chapter 7041, 7050, 7060, or 7080. "Need" also means that treatment and disposal systems are necessary to improve water quality and reduce pollution caused by stormwater runoff as determined by a local water plan, an area-wide assessment, NPDES permit requirements, or other water quality based reason defined by a need assessment produced by the applicant.
**Subp. 25a. New discharge.**
"New discharge" to an outstanding resource value water means a discharge that was not in existence on the effective date the outstanding resource value water was designated as described in parts 7050.0460 and 7050.0470. For all other waters of the state, new discharge means a discharge that was not in existence prior to January 1, 1988.
**Subp. 26. NPDES permit.**
"NPDES permit" means a national pollutant discharge elimination system permit issued by the agency that authorizes under certain conditions the discharge of pollutants to surface waters of the state. Combined NPDES/SDS permits issued by the agency will be considered NPDES permits under this chapter.
**Subp. 27. Operation and maintenance manual.**
"Operation and maintenance manual" means a document developed to give treatment system personnel the proper understanding, techniques, and references necessary to properly operate and maintain the treatment system.
**Subp. 28. Outstanding resource value water or ORVW.**
"Outstanding resource value water" or "ORVW" means a water defined in part 7050.0255, subpart 27.
**Subp. 29. Peak hourly wet weather flow.**
"Peak hourly wet weather flow" is the peak flow during the peak hour of the day at a time when the groundwater is high and a five-year one hour storm event is occurring.
**Subp. 30. Peak instantaneous wet weather flow.**
"Peak instantaneous wet weather flow" means the peak instantaneous flow during the day at a time when the groundwater is high and a 25-year one hour storm event is occurring.
**Subp. 31. Performance certification.**
"Performance certification" means a certification made by a municipality one year after initiation of operation that states its newly constructed wastewater or stormwater treatment system is meeting performance standards, as specified under part 7077.0288.
**Subp. 32. Plans and specifications.**
"Plans and specifications" means documents, including completed drawings and specifications, that describe the project in full and detail the complete requirements for materials, dimensions, and construction technique. The documents that comprise the plans and specifications must conform with generally accepted engineering practices and applicable state statutes, rules, and requirements.
**Subp. 32a. Pollutant.**
"Pollutant" has the meaning given in Minnesota Statutes, section 115.01, subdivision 12.
**Subp. 33.**
[Repealed, 17 SR 3097]
**Subp. 33a. Project priority list.**
"Project priority list" means the priority list prepared by the commissioner under parts 7077.0115 to 7077.0121.
**Subp. 33b. Project service area.**
"Project service area" means that area of the state served by the proposed project and identified by clearly defined boundaries in the facilities plan or stormwater project plan.
**Subp. 34.**
[Repealed, 17 SR 3097]
**Subp. 35.**
[Repealed, 17 SR 3097]
**Subp. 35a. Residential growth.**
"Residential growth" means a population increase attributed to persons who reside within a municipality.
**Subp. 35b. SDS permit.**
"SDS permit" means a state disposal system permit issued by the agency that authorizes under certain conditions the subsurface disposal or on-land disposal of pollutants and the operation of a disposal system.
**Subp. 36.**
[Repealed, 17 SR 3097]
**Subp. 36a. Seepage.**
"Seepage" means the unintended and unanticipated discharge of partially treated sewage to the soil surface.
**Subp. 37. Sewer rate ordinance or SRO.**
"Sewer rate ordinance" or "SRO" means a municipal ordinance that determines the method by which a municipality will charge its users for wastewater treatment services, including the local capital cost of the treatment works.
**Subp. 38. Sewer service charge.**
"Sewer service charge" means the aggregate of all charges, including charges for operation, maintenance, replacement, debt service, and other sewer related charges that are billed periodically to users of the city's wastewater treatment system.
**Subp. 39. Sewer service charge system or SSCS.**
"Sewer service charge system" or "SSCS" means a document developed by the municipality that determines the user charge and debt charge that each user will pay for wastewater treatment services.
**Subp. 40.**
[Repealed, 17 SR 3097]
**Subp. 41. Sewer use ordinance or SUO.**
"Sewer use ordinance" or "SUO" means a municipal ordinance enacted to control the type and quantities of discharges to the wastewater treatment system, and the type and method of connections to the system.
**Subp. 41a. Significant industrial user.**
"Significant industrial user" means any industrial user of a wastewater treatment system that discharges five percent or more of the wastewater treatment system's design loading for a pollutant to the wastewater treatment system, or discharges 25,000 gallons per day or more of process wastewater to the wastewater treatment system, or is determined by the commissioner to have the potential to adversely impact the wastewater treatment system or the quality of discharged effluent from the wastewater treatment system.
**Subp. 41b. Stormwater.**
"Stormwater" means precipitation runoff, stormwater runoff, snow melt off, and any other surface runoff and drainage.
**Subp. 41c. Stormwater project plan.**
"Stormwater project plan" means the plans, studies, and reports necessary to determine stormwater treatment needs of a project service area, to systematically evaluate stormwater treatment alternatives that shall result in water quality improvement, and to identify the best management practices to be implemented.
**Subp. 41d. Stormwater treatment system.**
"Stormwater treatment system" means a device, method, system or systems designed to reduce, store, treat, separate, stabilize, or dispose of stormwater for purposes of preventing or abating pollution or maintaining or improving water quality.
**Subp. 42.**
[Repealed, 17 SR 3097]
**Subp. 42a. Total maximum daily load or TMDL.**
"Total maximum daily load" or "TMDL" means a total maximum daily load established by the agency and approved by the United States Environmental Protection Agency under section 303(d) of the federal Clean Water Act.
**Subp. 43. Treatment agreement.**
"Treatment agreement" means an enforceable agreement between a municipality and a significant industrial user that meets the individual control mechanism requirements of Code of Federal Regulations, title 40, section 403.8(f).
**Subp. 43a. Treatment facilities.**
"Treatment facilities" means that part of a wastewater treatment system which is designed to treat, stabilize, or dispose of wastewater.
**Subp. 43b. Trout waters.**
"Trout waters" has the meaning given in part 7050.0420.
**Subp. 44. Unanticipated site condition.**
"Unanticipated site condition" means any subsurface, latent or unknown physical condition at the construction site, which differs materially from those ordinarily encountered and generally recognized as inherent in work of the type provided for in the construction contract that could not have been reasonably identified during the planning or design of the project.
**Subp. 45. User charge.**
"User charge" means a charge levied on users of a wastewater treatment system for the user's share of the cost of equipment replacement and operation and maintenance of the wastewater treatment system.
**Subp. 46.**
[Repealed, 17 SR 3097]
**Subp. 47. Wastewater.**
"Wastewater" means sewage, industrial waste, and other waste collected for treatment in a wastewater treatment system.
**Subp. 48. Wastewater treatment system.**
"Wastewater treatment system" means a system which includes both collection and treatment facilities. An individual sewage treatment system which includes both collection and treatment facilities is a wastewater treatment system.
**Subp. 49. Water use classification.**
"Water use classification" means the classifications listed under part 7050.0140.
**Subp. 50. Water with significant water quality violations.**
"Water with significant water quality violations" means a water designated as a "Water with Significant Water Quality Violations" in the appendices of the most recent biennial Minnesota Water Quality report to Congress required by Section 305(b) of the act.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 116.182; 446A.07*
- *History: 15 SR 288; 17 SR 3097; 21 SR 482; 21 SR 1642; 30 SR 923; 38 SR 444; 15 SR 288; 17 SR 3097; 21 SR 482; 21 SR 1642; 30 SR 923; 38 SR 444; 41 SR 545*
##### **Minn. R. 7077.0110** [Repealed, 17 SR 3097] {#sec-7077.0110 omnilex-key=us-mn-regs-official--agency-167--7077.0110}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0111** [Repealed, 30 SR 923] {#sec-7077.0111 omnilex-key=us-mn-regs-official--agency-167--7077.0111}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0115** Project Priority List {#sec-7077.0115 omnilex-key=us-mn-regs-official--agency-167--7077.0115}
**Subpart 1. Requirement.**
The commissioner shall develop and maintain a project priority list of projects for municipalities that have a need for a new wastewater treatment system; improvement, rehabilitation, expansion, or replacement of an existing wastewater treatment system; or a stormwater treatment system.
**Subp. 2. Points and listing order.**
A project on the project priority list must be assigned points under the criteria established in this chapter. The projects must be listed on the project priority list in descending order according to the number of total points assigned to each.
**Subp. 3. Request for placement on list.**
To be placed on the project priority list, a municipality must submit a written request to the commissioner on forms prescribed by the commissioner for eligibility review under subpart 4 and for assignment of priority points. A municipality that does not submit information necessary for eligibility review under subpart 4 shall be placed on the list with total points equal to one until the information is provided or until removed under subpart 6.
**Subp. 4. Eligibility review.**
The commissioner shall review each request and take the action specified in items A to D.
A. Projects involving improvement, rehabilitation, expansion, or replacement of existing wastewater collection or treatment facilities in areas served by a wastewater treatment system that has an NPDES or SDS permit shall be added to the project priority list if the commissioner finds that a need currently exists or shall exist within the next five years.
B. Projects involving new wastewater collection or treatment facilities, in areas not served by a permitted wastewater treatment system that has an NPDES or SDS permit, shall be added to the project priority list only if the commissioner finds that a need currently exists.
C. To be placed on the project priority list, stormwater treatment system projects must meet the following conditions:
D. Projects that do not meet the criteria in item A, B, or C, as applicable, shall not be added to the project priority list. The commissioner shall notify the municipality of the reasons for the determination not to place a project on the list.
**Subp. 5. Recalculation of total points.**
Total points shall be recalculated when new information and a request for recalculation are submitted to the agency by the applicant.
**Subp. 6. Removal from project priority list.**
If a project has been on the project priority list for five years without being certified to the authority according to part 7077.0281, the project shall be removed from the list. The commissioner shall inform the municipality in writing that its project has been removed. The municipality may submit a request, according to subpart 3, to be placed back on the list.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 116.182; 446A.07*
- *History: 15 SR 288; 17 SR 3097; 21 SR 482; 30 SR 923; 38 SR 444*
##### **Minn. R. 7077.0116** Priority Points for Types of Projects {#sec-7077.0116 omnilex-key=us-mn-regs-official--agency-167--7077.0116}
**Subpart 1. Improved or expanded existing permitted sewer systems.**
Projects involving improvement, rehabilitation, expansion, or replacement of wastewater treatment or collection facilities in areas served by existing wastewater treatment systems that have an NPDES or SDS permit shall be assigned priority points under part 7077.0117.
**Subp. 2. New wastewater facilities in unsewered areas.**
Projects involving new wastewater collection or treatment facilities, in areas not served by a permitted wastewater treatment system that has an NPDES or SDS permit, shall be assigned priority points under part 7077.0118.
**Subp. 3. Projects involving both existing permitted sewer systems and new facilities in unsewered areas.**
If a project involves elements that fall within both subparts 1 and 2, the elements of the project that involve new collection or treatment facilities in previously unserved areas shall be divided from the other elements of the project, and the two portions of the project shall be separately scored under the appropriate subpart.
**Subp. 4. Stormwater projects.**
Stormwater projects shall be assigned priority points under part 7077.0119.
**Subp. 5. Assignment of points by commissioner.**
The commissioner shall determine the number of points to be assigned under parts 7077.0116 to 7077.0119 based on the information provided by the municipality proposing the project.
**Subp. 6. Rounding of points.**
In calculating the number of points assigned to a project under parts 7077.0116 to 7077.0119, any fraction of a point shall be rounded up to the nearest whole number of points.
**History**
- *Statutory Authority: MS s 116.182; 446A.07*
- *History: 30 SR 923*
##### **Minn. R. 7077.0117** Points for Projects with Existing Npdes or Sds Permit {#sec-7077.0117 omnilex-key=us-mn-regs-official--agency-167--7077.0117}
**Subpart 1. Flow capacity.**
Five points shall be assigned to a project if the project involves a treatment facility addressed by the project that is operating at or above 85 percent of its NPDES or SDS permitted hydraulic flow or organic loading capacity, or a collection facility that is operating at or above 85 percent of its hydraulic design capacity, or both, and if the project would expand capacity or reduce loadings so that the facility will operate at less than 85 percent of its capacity.
A. For treatment facilities, actual measured flows and loadings over the last 12 months shall be compared to the permitted average wet weather flow or if not available, to the permitted average annual flow and design loadings. "Average annual flow" means daily average flow measured over 365 consecutive days.
B. For collection facilities, actual measured peak flows shall be compared to the documented hydraulic design peak instantaneous wet weather flow of the pipe section or other component, or written documentation of other physical conditions, such as bypassing events occurring at less than design peak instantaneous wet weather flow, shall be submitted, which comparison or documentation shows that the facilities are operating at or above 85 percent of their hydraulic design capacity.
**Subp. 2. Age of facilities.**
Twenty points shall be assigned to a project if construction of all or a substantial portion of the existing facility addressed by the project was completed more than 20 years before the date the agency received the request for priority listing of the project proposal.
**Subp. 3. Excessive infiltration or inflow.**
Fifteen points shall be assigned if the existing facility has excessive infiltration or inflow and the project proposal includes measures to correct the excessive infiltration or inflow.
**Subp. 4. Land discharge.**
Twenty points shall be assigned under this subpart for a project that meets either or both of the requirements in items A and B.
A. The project involves an existing facility that land discharges treated wastewater effluent and will continue to land discharge after project implementation, provided that the land discharge has not caused or contributed to, and is not projected to cause or contribute to, any release of nitrate into groundwater exceeding ten milligrams per liter.
B. The project proposes a new land discharge of treated wastewater effluent and the project includes consumptive use (nitrogen or volume) spray irrigation or on-land disposal systems that are required by permit to denitrify the effluent.
**Subp. 5. Effluent limit more stringent than secondary treatment.**
Ten points shall be assigned if the existing facility is subject to effluent limits for carbonaceous biochemical oxygen demand or total suspended solids that are more stringent than those which must be attained by a secondary treatment facility under part 7050.0211, or has an ammonia, total nitrogen, or phosphorus permit limit.
**Subp. 6. Ponds in karst areas; separation of disposal system from groundwater.**
Twenty points shall be assigned under this subpart for a project that meets either or both of the requirements in items A and B.
A. The project will replace or rehabilitate existing stabilization ponds located above karstic geological characteristics. Karstic geological characteristics are sinkholes; dry valleys in areas with humid climates; springs draining carbonate, sulfate, or halide rocks; caves; sinking streams; dissolutionally enlarged joints or bedding planes; grikes; or karren.
B. The project will replace or rehabilitate wastewater treatment facilities involving a disposal facility where the vertical distance from the wastewater discharge point to the seasonally high groundwater table or to the bedrock is less than three feet.
**Subp. 7. Projects with effluent discharge violations.**
Five points shall be assigned if the existing wastewater treatment facility is currently in violation of permit effluent limits that exceed the criteria for noncompliance reporting in the NPDES program under Code of Federal Regulations, title 40, section 123.45, appendix A, and the project is designed to remedy the violation.
**Subp. 8. Projects addressing repeated facility failures.**
Ten points shall be assigned if a wastewater treatment or collection facility addressed by the project has experienced bypasses, overflows, or surcharges during two or more storm events within a 12-month period when operating at less than peak instantaneous wet weather flow, and if the project is designed to eliminate such failures.
**Subp. 9. Discharges to impaired or outstanding resource value waters.**
A. Five points shall be assigned if the existing facility discharges into an outstanding resource value water, or into an impaired water, or into both types of waters.
B. A project that is assigned points under item A shall be assigned additional points as follows:
**Subp. 10. Proximity to potable water intake.**
Five points shall be assigned if the existing facility discharges into surface water and there is an intake for potable water less than 25 miles downstream from the point of discharge.
**Subp. 11. Endangered or threatened species.**
Five points shall be assigned if the existing facility discharges into surface water and the water downstream of the discharge supports any endangered or threatened species listed in parts 6134.0200 to 6134.0400 or designated under Code of Federal Regulations, title 50, section 17.11 or 17.12.
**Subp. 12. New standards more stringent.**
Ten points shall be assigned if the project improves the operation of an existing wastewater treatment facility to address one or more of the following circumstances:
A. the discharge limits for the facility have been or will be made more stringent in a modified or reissued agency permit;
B. a permit variance for the facility has been discontinued; or
C. the facility is required to accommodate increased hydraulic flow or organic loading without increasing either the permitted mass or concentration of discharges to receiving waters.
**Subp. 13. Receiving water classification.**
Up to seven points shall be assigned based on the classification of the receiving water as provided in this subpart if the existing facility discharges into surface water. If the receiving water has multiple classifications, only the classification with the highest point value under this subpart shall be used.
**Subp. 14. Effluent impact on receiving water.**
A. Up to 15 points shall be assigned if the existing facility discharges into a surface water other than a lake or reservoir. The project shall be assigned points for the impact of the effluent discharge on the surface water by multiplying 15 points times the dilution ratio for that facility, which shall be determined in items B and C.
B. The dilution ratio for a facility is calculated by dividing the average low flow of effluent from the facility by the lowest daily average flow of the receiving water measured for seven consecutive days with a once in ten year recurrence interval (7Q10). The average low flow from the facility shall be calculated by averaging the influent flow reported on the discharge monitoring reports for the three consecutive months with the lowest average influent flow within the most recent three climatic years. A climatic year is the period from April 1 of a year until March 31 of the following year.
C. If the dilution ratio calculated for a facility under item B is greater than 1.0, or if the 7Q10 of the receiving water is zero, the dilution ratio for purposes of item A shall be 1.0.
**Subp. 15. Project implements corrective measures.**
Five points shall be assigned to a project if it implements actions that contribute to the correction of a water quality problem identified in one or more of the following studies or an equivalent study:
A. a clean water partnership project pursuant to chapter 7076;
B. an impaired water; or
C. a United States Environmental Protection Agency-approved watershed restoration action strategy pursuant to section 319 of the federal Clean Water Act.
**Subp. 16. Project helps meet total maximum daily load for receiving water.**
Twenty points shall be assigned to the project if the project contributes to the achievement of a total maximum daily load (TMDL). To be considered as contributing to the achievement of a TMDL, the project must:
A. be designed to reduce the discharge of pollutants as specifically required by an agency-approved TMDL implementation plan; or
B. require an NPDES or SDS permit that will require reduced discharge of pollutants based on a TMDL.
**Subp. 17. New or expanded discharge; points subtracted.**
Five points shall be subtracted from the project's priority score if the project involves one or more of the following:
A. a facility that will produce a new or expanded discharge to one or more of the following types of waters:
B. a facility that will produce a new or expanded discharge exceeding 200,000 gallons per day to one or more of the following waters:
**Subp. 18. Beneficial use of wastewater.**
Thirty points shall be assigned if a project will result in an agency-approved beneficial use of wastewater that results in reducing or replacing the use of groundwater, surface water, or potable water, provided that the project component resulting in the beneficial use of wastewater accounts for at least 20 percent of the total eligible cost of the project. Projects receiving points under subpart 4 for land discharge shall not receive points under this subpart for additional land discharge.
**History**
- *Statutory Authority: MS s 103F.745; 115.03; 116.182; 446A.07*
- *History: 30 SR 923; 37 SR 1334; 38 SR 444*
##### **Minn. R. 7077.0118** Priority Points for Projects in Unsewered Areas {#sec-7077.0118 omnilex-key=us-mn-regs-official--agency-167--7077.0118}
**Subpart 1. Discharges posing threat to public health or safety.**
Points shall be assigned to a project by multiplying 45 times the ratio of the number of existing structures with individual sewage treatment systems or other systems that collect and discharge wastewater in the proposed project service area that have the potential to immediately and adversely affect or threaten public health or safety, including any ground surface or surface water discharge or sewage backup into a dwelling or other establishment resulting from the system, to the total number of existing structures with wastewater flows to individual sewage treatment systems or other systems in the proposed project service area as described in part 7080.1500, subpart 4, item A.
**Subp. 2. Discharges that fail to protect groundwater.**
Points shall be assigned to a project by multiplying 15 times the ratio of the number of existing structures in the proposed project service area not counted in subpart 1 with individual sewage treatment systems or similar systems that have one or more sewage tanks which obviously leak below the designated operating depth or have less than the required vertical separation as described in part 7080.1500, subpart 4, items D and E, to the total number of existing structures with individual sewage treatment systems in the proposed project service area.
**Subp. 3. Noncompliance with setback requirements.**
Points shall be assigned to a project by multiplying five times the ratio of the number of existing structures with individual sewage treatment systems in the proposed project service area that do not conform to a setback requirement set forth or cited by reference in part 7080.2150, subpart 2, item F, and that were not counted under subpart 1 or 2, to the total number of existing structures with individual sewage treatment systems in the proposed project service area.
**Subp. 4. Proximity of individual sewage treatment systems to impaired or outstanding resource value water.**
Five points shall be assigned to a project if one or more existing individual sewage treatment systems in the proposed project service area are located within 500 feet of an outstanding resource value water, an impaired water, or both.
**Subp. 5. Proximity of failing individual sewage treatment systems to outstanding resource value or impaired water.**
Five points shall be assigned to a project where one or more of the following systems are located within 500 feet of an outstanding resource value water or an impaired water:
A. individual sewage treatment systems or similar systems that have one or more tanks which obviously leak below the designated operating depth or have less than the required vertical separation as described in part 7080.1500, subpart 4, items D and E; or
B. individual sewage treatment systems or other systems that collect and discharge wastewater that have the potential to immediately and adversely affect or threaten public health or safety, including any ground surface or surface water discharge or sewage backup into a dwelling or other establishment resulting from the system.
**Subp. 6. Density of individual sewage treatment system discharges.**
A. Up to 30 points shall be assigned to a project based on the density of structures with wastewater flows in the proposed project service area.
B. For the purpose of this subpart, density shall be determined by dividing the number of structures with wastewater flows treated by individual sewage treatment systems or similar systems, or other systems that collect and discharge wastewater, in the proposed project service area by the number of acres in the maximum impact zone for the project.
C. The following priority points shall be assigned for a project depending upon the density of structures with wastewater flows as determined under item B:
**Subp. 7. Land discharge.**
Twenty points shall be assigned if the project proposes a new land discharge of treated wastewater effluent and the project includes consumptive use (nitrogen or volume) spray irrigation or on-land disposal systems that are required by permit to denitrify the effluent.
**Subp. 8. Project implements corrective measures.**
Five points shall be assigned to a project if it implements actions that contribute to correction of a water quality problem identified in one or more of the following studies or an equivalent study:
A. a clean water partnership project pursuant to chapter 7076;
B. an impaired water; or
C. a United States Environmental Protection Agency-approved watershed restoration action strategy pursuant to section 319 of the federal Clean Water Act.
**Subp. 9. Project helps meet total maximum daily load for receiving water.**
Twenty points shall be assigned to the project if the project contributes to the achievement of a TMDL. To be considered as contributing to the achievement of a TMDL, the project must:
A. be designed to reduce the discharge of pollutants as specifically required by an agency-approved TMDL implementation plan; or
B. require an NPDES or SDS permit that will require reduced discharge of pollutants based on a TMDL.
**Subp. 10. New or expanded discharge; points subtracted.**
Five priority points shall be subtracted from the project's priority score if the project involves one or more of the following:
A. a facility which will produce a new or expanded discharge to one or more of the following types of water:
B. a facility that will produce a new or expanded discharge exceeding 200,000 gallons per day to one or more of the following water:
**Subp. 11. Beneficial use of wastewater.**
Thirty points shall be assigned if a project will result in an agency-approved beneficial use of wastewater that results in reducing or replacing the use of groundwater, surface water, or potable water, provided that the project component resulting in the beneficial use of wastewater accounts for at least 20 percent of the total eligible cost of the project. Projects receiving points under subpart 7 for land discharge shall not receive points under this subpart for additional land discharge.
**History**
- *Statutory Authority: MS s 103F.745; 115.03; 116.182; 446A.07*
- *History: 30 SR 923; 37 SR 1334; 38 SR 444*
##### **Minn. R. 7077.0119** Points for Stormwater Projects {#sec-7077.0119 omnilex-key=us-mn-regs-official--agency-167--7077.0119}
**Subpart 1. Discharges to impaired waters.**
A. Four points shall be assigned if:
B. For the purposes of this part, discharge into a subwatershed that flows into an impaired water is considered a discharge into that impaired water.
**Subp. 1a. Discharges to ORVW's or trout waters.**
A. Five points shall be assigned if:
B. For the purposes of this part, discharge into a subwatershed that flows into ORVW's or trout waters is considered a discharge into that water.
**Subp. 2. Receiving water classification.**
Up to seven points shall be assigned based on the classification of the receiving water as provided in this subpart if the stormwater project provides treatment that reduces the quantity or improves the quality of stormwater discharges. If the receiving water has multiple classifications, only the classification with the highest point value under this subpart shall be used.
**Subp. 3. Project implements corrective measures.**
Five points shall be assigned to a stormwater project if it implements actions that contribute to correction of a water quality problem identified in one or more of the following studies or an equivalent study:
A. a clean water partnership project pursuant to chapter 7076;
B. an impaired water; or
C. a United States Environmental Protection Agency-approved watershed restoration action strategy pursuant to section 319 of the federal Clean Water Act.
**Subp. 4.**
[Repealed, 38 SR 444]
**Subp. 5. New or expanded diversion of stormwater; points subtracted.**
Five priority points shall be subtracted from the project's priority score if the project involves a new or expanded diversion of stormwater to one or more of the following types of water or to a subwatershed that flows into that water:
A. outstanding resource value water;
B. impaired water;
C. water defined as a Class 2A water under part 7050.0222, subpart 2;
D. wetlands as defined in part 7050.0186, subpart 1a; or
E. a lake as defined in part 7077.0105, subpart 19a.
**Subp. 6. Project helps meet total maximum daily load for receiving water.**
Eighteen points shall be assigned if the municipality proposing the project holds a NPDES permit for a municipal separate storm sewer system and is implementing a stormwater pollution prevention program according to Code of Federal Regulations, title 40, section 122.34, that addresses requirements resulting from a total maximum daily load waste load allocation.
**Subp. 7. Impervious surface ratio.**
Up to ten points shall be assigned to a stormwater project that addresses impervious surfaces through BMP's. The points are determined by the number resulting from multiplying 20 times the ratio of the project service area's impervious surface area to the total project service area to be served by the proposed BMP's and rounding up numbers with fractions to the next whole number.
**Subp. 8. Volume reduction.**
Nine points shall be assigned if the proposed project will result in a stormwater volume reduction from an existing discharge. The proposed project must incorporate volume reduction as a major component of the treatment system, or volume reduction must comprise a majority of the cost of the overall proposal. Qualifying best management practices include:
A. rain gardens;
B. bioretention basins;
C. enhanced swales designed to infiltrate;
D. tree boxes, if designed to capture a certain volume;
E. stormwater capture and reuse;
F. porous pavement, if designed to infiltrate;
G. green roof technology; or
H. other similar practices that will result in a stormwater volume reduction from an existing discharge.
**Subp. 9. New treatment systems.**
Additional points shall be assigned if the proposed project includes new best management practices that provide treatment to an existing discharge, where the discharge is presently untreated. The number of points shall be awarded based on whether the applicant holds a municipal separate storm sewer system (MS4) NPDES permit that already requires a load reduction based on a total maximum daily load (TMDL):
A. when an applicant holds an MS4 NPDES permit and is assigned a waste load allocation based on a TMDL, the applicant shall be awarded one point; and
B. all other eligible applicants shall be awarded 18 points.
**Subp. 10. Multiple environmental benefits.**
Six points shall be assigned if the proposed project will result in one or more of the multiple environmental benefits described in items A to F. Eligible projects must include a stormwater treatment system component or best management practice, and another type of environmental benefit that results from the project. Flood control is already a priority goal of stormwater management, so it does not constitute another type of environmental benefit. Qualifying multiple environmental benefits include:
A. stormwater capture and reuse;
B. creation of wildlife habitat;
C. creation of a wildlife corridor or preservation of open or connected green space;
D. reduced use or need for water, energy, or consumption of other natural resources;
E. green roof technology that results in measurable reductions to stormwater volume; or
F. other similar practices that provide multiple environmental benefits.
**Subp. 11. Structural improvements to existing stormwater ponds.**
Ten points shall be assigned to a project for structural improvements to an existing stormwater pond that increase or improve stormwater treatment. No points shall be assigned for projects that address only maintenance and do not propose structural improvements.
**History**
- *Statutory Authority: MS s 103F.745; 115.03; 116.182; 446A.07*
- *History: 30 SR 923; 37 SR 1334; 38 SR 444*
##### **Minn. R. 7077.0120** [Repealed, 17 SR 3097] {#sec-7077.0120 omnilex-key=us-mn-regs-official--agency-167--7077.0120}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0121** Ranking of Projects with Equal Total Number of Points {#sec-7077.0121 omnilex-key=us-mn-regs-official--agency-167--7077.0121}
**Subpart 1. Tie breaker based on environmental and human health threat.**
When two or more projects on the project priority list have been assigned the same total number of priority points under parts 7077.0116 to 7077.0119, the project that has the highest number of points assigned based upon environmental and human health threats shall be ranked higher. For purposes of this part, points assigned under parts 7077.0117, subparts 6 to 11; 7077.0118, subparts 1 to 5; and 7077.0119, subparts 1, 1a, and 2, are based upon environmental and human health threats.
**Subp. 2. Tie breaker based on population.**
If two or more projects remain tied in total priority points after application of subpart 1, the projects shall be ranked in order of the population of the municipalities served by the project as recorded in the last federal census, with the highest population ranked first.
**History**
- *Statutory Authority: MS s 115.03; 116.182; 446A.07*
- *History: 30 SR 923; 38 SR 444*
##### **Minn. R. 7077.0125** [Repealed, 17 SR 3097] {#sec-7077.0125 omnilex-key=us-mn-regs-official--agency-167--7077.0125}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0130** [Repealed, 17 SR 3097] {#sec-7077.0130 omnilex-key=us-mn-regs-official--agency-167--7077.0130}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0135** [Repealed, 17 SR 3097] {#sec-7077.0135 omnilex-key=us-mn-regs-official--agency-167--7077.0135}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0140** [Repealed, 17 SR 3097] {#sec-7077.0140 omnilex-key=us-mn-regs-official--agency-167--7077.0140}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0145** [Repealed, 17 SR 3097] {#sec-7077.0145 omnilex-key=us-mn-regs-official--agency-167--7077.0145}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0150** [Renumbered 7077.0272] {#sec-7077.0150 omnilex-key=us-mn-regs-official--agency-167--7077.0150}
[Renumbered 7077.0272]
##### **Minn. R. 7077.0155** [Renumbered 7077.0274] {#sec-7077.0155 omnilex-key=us-mn-regs-official--agency-167--7077.0155}
[Renumbered 7077.0274]
##### **Minn. R. 7077.0160** [Repealed, 17 SR 3097] {#sec-7077.0160 omnilex-key=us-mn-regs-official--agency-167--7077.0160}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0165** [Repealed, 30 SR 923] {#sec-7077.0165 omnilex-key=us-mn-regs-official--agency-167--7077.0165}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0167** [Repealed, 30 SR 923] {#sec-7077.0167 omnilex-key=us-mn-regs-official--agency-167--7077.0167}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0169** [Repealed, 30 SR 923] {#sec-7077.0169 omnilex-key=us-mn-regs-official--agency-167--7077.0169}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0171** [Repealed, 30 SR 923] {#sec-7077.0171 omnilex-key=us-mn-regs-official--agency-167--7077.0171}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0173** [Repealed, 30 SR 923] {#sec-7077.0173 omnilex-key=us-mn-regs-official--agency-167--7077.0173}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0175** [Repealed, 30 SR 923] {#sec-7077.0175 omnilex-key=us-mn-regs-official--agency-167--7077.0175}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0176** [Repealed, 30 SR 923] {#sec-7077.0176 omnilex-key=us-mn-regs-official--agency-167--7077.0176}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0177** [Repealed, 30 SR 923] {#sec-7077.0177 omnilex-key=us-mn-regs-official--agency-167--7077.0177}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0179** [Repealed, 30 SR 923] {#sec-7077.0179 omnilex-key=us-mn-regs-official--agency-167--7077.0179}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0181** [Repealed, 30 SR 923] {#sec-7077.0181 omnilex-key=us-mn-regs-official--agency-167--7077.0181}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0185** [Repealed, 30 SR 923] {#sec-7077.0185 omnilex-key=us-mn-regs-official--agency-167--7077.0185}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0186** [Repealed, 30 SR 923] {#sec-7077.0186 omnilex-key=us-mn-regs-official--agency-167--7077.0186}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0187** [Repealed, 30 SR 923] {#sec-7077.0187 omnilex-key=us-mn-regs-official--agency-167--7077.0187}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0189** [Repealed, 30 SR 923] {#sec-7077.0189 omnilex-key=us-mn-regs-official--agency-167--7077.0189}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0191** [Repealed, 30 SR 923] {#sec-7077.0191 omnilex-key=us-mn-regs-official--agency-167--7077.0191}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0195** [Repealed, 30 SR 923] {#sec-7077.0195 omnilex-key=us-mn-regs-official--agency-167--7077.0195}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0196** [Repealed, 30 SR 923] {#sec-7077.0196 omnilex-key=us-mn-regs-official--agency-167--7077.0196}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0197** [Repealed, 30 SR 923] {#sec-7077.0197 omnilex-key=us-mn-regs-official--agency-167--7077.0197}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0200** [Repealed, 17 SR 3097] {#sec-7077.0200 omnilex-key=us-mn-regs-official--agency-167--7077.0200}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0205** [Repealed, 17 SR 3097] {#sec-7077.0205 omnilex-key=us-mn-regs-official--agency-167--7077.0205}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0210** [Repealed, 17 SR 3097] {#sec-7077.0210 omnilex-key=us-mn-regs-official--agency-167--7077.0210}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0215** [Repealed, 17 SR 3097] {#sec-7077.0215 omnilex-key=us-mn-regs-official--agency-167--7077.0215}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0220** [Repealed, 17 SR 3097] {#sec-7077.0220 omnilex-key=us-mn-regs-official--agency-167--7077.0220}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0225** [Repealed, 17 SR 3097] {#sec-7077.0225 omnilex-key=us-mn-regs-official--agency-167--7077.0225}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0230** [Repealed, 17 SR 3097] {#sec-7077.0230 omnilex-key=us-mn-regs-official--agency-167--7077.0230}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0235** [Repealed, 17 SR 3097] {#sec-7077.0235 omnilex-key=us-mn-regs-official--agency-167--7077.0235}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0240** [Repealed, 17 SR 3097] {#sec-7077.0240 omnilex-key=us-mn-regs-official--agency-167--7077.0240}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0245** [Repealed, 17 SR 3097] {#sec-7077.0245 omnilex-key=us-mn-regs-official--agency-167--7077.0245}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0250** [Repealed, 17 SR 3097] {#sec-7077.0250 omnilex-key=us-mn-regs-official--agency-167--7077.0250}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0255** [Repealed, 17 SR 3097] {#sec-7077.0255 omnilex-key=us-mn-regs-official--agency-167--7077.0255}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0260** [Repealed, 17 SR 3097] {#sec-7077.0260 omnilex-key=us-mn-regs-official--agency-167--7077.0260}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0265** [Repealed, 17 SR 3097] {#sec-7077.0265 omnilex-key=us-mn-regs-official--agency-167--7077.0265}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0272** Facilities Plan for Wastewater Treatment Systems {#sec-7077.0272 omnilex-key=us-mn-regs-official--agency-167--7077.0272}
**Subpart 1. In general.**
Facilities plans for wastewater treatment systems must be prepared and signed by a professional engineer registered in Minnesota, provided that facilities plans for individual sewage treatment systems designed to treat 5,000 gallons or less of wastewater per day must be prepared and signed by either a professional engineer registered in Minnesota or an individual sewage treatment system designer authorized under agency rules to prepare such plans.
**Subp. 1a. Approval by commissioner.**
Facilities plans must be submitted to the commissioner for review and approval. Approval shall be based on the commissioner's determination of the adequacy of the facility plan to address the requirements of this part. If the municipality is proposing to change the selected treatment method or any other major element of a previously approved facilities plan or stormwater project plan, the municipality must receive the commissioner's approval of a facilities plan addendum.
**Subp. 2. Facilities plan contents.**
A facilities plan must address items A to E in the amount of detail that is appropriate to describe a project accurately.
A. A complete description and evaluation of the existing wastewater treatment system and problems that need correction. This evaluation must consider the age, condition, design capacity, and treatment capabilities of each treatment unit, the system's ability to meet current or proposed permit requirements, and the location, frequency, and quantity of any bypasses. For existing individual sewage treatment systems, a survey must also be prepared which identifies whether or not each individual sewage treatment system in the project service area conforms to the requirements under chapter 7080.
B. Data describing existing residential wastewater flows and loadings, and existing nonresidential wastewater flows and loadings. The existing wastewater flow and loading data must be reported on a form provided by the agency.
C. Data describing future residential and nonresidential wastewater flows and loadings within the next 20-year period based on projected residential growth, projected nonresidential growth, and signed letters of intent from significant industrial users. The future wastewater flow and loading data must be reported on a form provided by the agency.
D. An analysis of all feasible treatment alternatives that are capable of meeting the applicable effluent, water quality, and public health requirements for 20 years. Where the project service area is currently served by individual sewage treatment systems, the analysis of feasible treatment alternatives must be submitted on a form prescribed by the commissioner. The discussion of the considered alternatives must include:
E. If the project service area is currently served by individual sewage treatment systems, the facilities plan must include:
F. A description of the selected treatment alternative and the complete wastewater treatment system of which it is a part, including:
**Subp. 2a. Facilities plans supplement.**
The following items must be submitted to the commissioner with the facilities plans:
A. a complete list of addresses used for public notice purposes and listed on a form prescribed by the commissioner;
B. a summary of the information presented and public comments received at a public hearing, required under subpart 3, and the action taken to address those comments;
C. a formal resolution of the municipality's governing body adopting the facilities plan;
D. a list of ordinances or intermunicipal agreements necessary for the successful implementation and administration of the project;
E. a signed treatment agreement with each significant industrial user;
F. a completed environmental information sheet; and
G. documentation of notification to other governmental units, summaries of comments received, and county certification as required under Minnesota Statutes, section 116.182, subdivision 3a, clause (5).
**Subp. 3. Public hearing.**
Before adopting the facilities plan, the municipality must hold at least one public hearing to discuss the proposed project. The facilities plan must be made available for review by interested persons before the date of the hearing. At the public hearing, information must be presented on the various treatment alternatives considered, the reasons for choosing the selected alternative, the location of the proposed project site, and the estimated sewer service charges.
**Subp. 4.**
[Repealed, 17 SR 3097]
**Subp. 5. Consistency with planning requirements.**
The selected treatment alternative must be consistent with plans, if any, developed under sections 205(j), water quality management planning; 208, areawide waste treatment management; 303(e), water quality standards and implementation plan; and 319, nonpoint source management programs of the act.
**History**
- *Statutory Authority: MS s 115.03; 116.07; 116.182; 446A.07*
- *History: 15 SR 288; 17 SR 3097; 30 SR 923; 38 SR 444*
##### **Minn. R. 7077.0274** Plans and Specifications for Wastewater Treatment Systems {#sec-7077.0274 omnilex-key=us-mn-regs-official--agency-167--7077.0274}
**Subpart 1. In general.**
A municipality must submit plans and specifications to the commissioner for review and approval according to part 7077.0280, subpart 4, item A. The plans and specifications must be consistent with the scope of the approved facilities plan under part 7077.0272. The project must be constructed according to the approved plans and specifications and change orders.
**Subp. 2. Contents.**
A complete set of plans and specifications must address the following items in the amount of detail that is appropriate to describe a project accurately:
A. plans and specifications signed by:
B. a summary of design parameters for the treatment units;
C. a summary of flow conditions for average dry weather, average wet weather, peak hourly wet weather, and peak instantaneous wet weather on a form provided by the agency and, for individual sewage treatment systems, reported as average design flow or maximum design flow;
D. a hydraulic profile of the flow through the treatment system;
E. a plan for interim treatment to meet permit requirements during construction;
F. the latest detailed cost estimate based on the plans and specifications submitted; and
G. administrative, bidding, and contract documents according to the applicable requirements under Minnesota Statutes, including a 100 percent performance bond from the contractors.
**Subp. 3. Additional submittals.**
The following items must be submitted to the commissioner with the plans and specifications:
A. a project schedule on a form provided by the agency;
B. a certification from the municipality that states that full-time resident inspection shall be provided during construction and that written inspection reports, describing the construction inspected, construction problems, and the amount of inspection time required, shall be submitted to the commissioner on a monthly basis; and
C. finalized and executed intermunicipal agreements necessary for the successful implementation and administration of the project.
**History**
- *Statutory Authority: MS s 116.07; 116.182*
- *History: 15 SR 288; 17 SR 3097*
##### **Minn. R. 7077.0276** [Repealed, 30 SR 923] {#sec-7077.0276 omnilex-key=us-mn-regs-official--agency-167--7077.0276}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0277** Stormwater Project Plan {#sec-7077.0277 omnilex-key=us-mn-regs-official--agency-167--7077.0277}
**Subpart 1. In general.**
The stormwater project plan must be prepared and signed by a professional engineer registered in the state of Minnesota.
**Subp. 1a. Approval by commissioner.**
Stormwater project plans must be submitted to the commissioner for review and approval. Approval shall be based on the commissioner's determination of the adequacy of the project plan to address the requirements of this part. If the municipality is proposing to change the selected treatment method or any other major element of a previously approved stormwater project plan, the municipality must receive the commissioner's approval of a project plan addendum.
**Subp. 2. Contents.**
A stormwater project plan must address items A to F in the amount of detail that is appropriate to describe the project accurately.
A. A complete description of the stormwater collection system, stormwater treatment system if existent, and the identified need in the project service area.
B. A complete description of the project service area including the number of acres served, the estimated flow, and a description of the watershed.
C. A brief narrative describing project alternatives that were considered and a description of how the proposed project was selected.
D. A complete description of the project including location, best management practices to be implemented for the use of stormwater treatment, estimated construction costs, and equipment replacement costs.
E. A description of the long-term maintenance plan including annual operation and maintenance costs and who will be responsible for performing maintenance activities. The maintenance plan must describe the intended life span of any proposed stormwater treatment system.
F. An estimate of the reduction in pollutants. When applicable, the estimate must include any pollutants causing or contributing to the impairments in receiving waters.
**Subp. 3. Stormwater project plan supplement.**
In order to obtain the commissioner's approval of a stormwater project plan, the municipality must submit the following items to the commissioner with the stormwater project plan:
A. a completed environmental information worksheet;
B. a complete list of addresses the commissioner will use for a 30-day public notice of a summary of the environmental information worksheet. The addresses used for public notice purposes must be listed on a form prescribed by the commissioner;
C. a summary of the information presented and public comments received at a public hearing, required under subpart 4, and the action taken to address those comments;
D. a formal resolution of the municipality's governing body adopting the stormwater project plan;
E. a list of ordinances and intermunicipal agreements necessary for the successful implementation and administration of the project; and
F. a certification from the appropriate county or watershed management organization assuring that the stormwater project plan is consistent with the comprehensive local water plan.
**Subp. 4. Public hearing.**
Before adopting the stormwater project plan, the municipality must hold at least one public hearing to discuss the proposed project. The stormwater project plan must be made available for review by interested persons before the date of the hearing. At the public hearing, information must be presented on the various treatment alternatives considered, the reasons for choosing the selected alternative, and the location of the proposed project site.
**History**
- *Statutory Authority: MS s 115.03; 116.182; 446A.07*
- *History: 21 SR 482; 30 SR 923; 38 SR 444*
##### **Minn. R. 7077.0278** [Repealed, 30 SR 923] {#sec-7077.0278 omnilex-key=us-mn-regs-official--agency-167--7077.0278}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0279** Plans and Specifications for Stormwater Treatment Systems {#sec-7077.0279 omnilex-key=us-mn-regs-official--agency-167--7077.0279}
**Subpart 1. In general.**
A municipality must submit plans and specifications to the commissioner for review and approval according to part 7077.0280, subpart 4, item D. The plans and specifications must be consistent with the scope of the approved stormwater project plan under part 7077.0277. The project must be constructed according to the approved plans and specifications and change orders.
**Subp. 2. Contents.**
A complete set of plans and specifications must address the following items in the amount of detail that is appropriate to describe a project accurately:
A. plans and specifications signed by a professional engineer registered in Minnesota;
B. a summary of design parameters for the stormwater treatment units;
C. a summary of the stormwater treatment system flow conditions for average design flow and maximum design flow;
D. a stormwater pollution prevention plan to meet construction stormwater permit requirements during construction of the stormwater treatment systems;
E. the latest detailed cost estimate, including operation and maintenance costs, based on the plans and specifications submitted; and
F. administrative, bidding, and contract documents according to the applicable requirements under Minnesota Statutes, including a 100 percent performance bond from the contractors.
**Subp. 3. Additional submittals.**
The following items must be submitted to the commissioner with the plans and specifications:
A. a project schedule on a form prescribed by the commissioner;
B. a certification from the municipality that states that full-time resident inspection shall be provided during construction and that written inspection reports, describing the construction inspected, construction problems, and the amount of inspection time required, shall be submitted to the commissioner on a monthly basis; and
C. finalized and executed intermunicipal agreements necessary for the successful implementation and administration of the project.
**History**
- *Statutory Authority: MS s 115.03; 116.182; 446A.07*
- *History: 30 SR 923; 38 SR 444*
##### **Minn. R. 7077.0280** Certification Submittal Requirements {#sec-7077.0280 omnilex-key=us-mn-regs-official--agency-167--7077.0280}
**Subpart 1. Requirements.**
To receive project certification under part 7077.0281, a municipality must submit to the commissioner for review and approval the items under subparts 2 and 4 that are applicable to the project. These items must be submitted within six months from the date that the authority approves an intended use plan which includes the project for which the municipality seeks certification.
**Subp. 2. Planning and design projects.**
Municipalities seeking certification for planning and design projects shall submit:
A. a description of the scope of work and estimated costs that will lead to an approved facilities plan or stormwater project plan;
B. a schedule for completion of the facilities plan or the stormwater project plan on a form prescribed by the commissioner;
C. for wastewater and stormwater treatment projects, a schedule for completion of plans and specifications; and
D. for individual sewage treatment system projects, a copy of a draft ordinance that adopts the requirements of chapter 7080, individual sewage treatment standards.
**Subp. 3.**
[Repealed, 30 SR 923]
**Subp. 4. Construction projects.**
Municipalities seeking certification for construction projects shall submit:
A. for wastewater treatment systems, plans and specifications as required under part 7077.0274 for the commissioner's review and approval;
B. for wastewater treatment systems, a certification that the municipality has enacted an ordinance that, at a minimum:
C. for individual sewage treatment system projects, a certification that the municipality has enacted and is enforcing an ordinance that:
D. for stormwater treatment systems:
**Subp. 5.**
[Repealed, 30 SR 923]
**History**
- *Statutory Authority: MS s 116.07; 116.182; 446A.07*
- *History: 13 SR 1690; 15 SR 288; 17 SR 3097; 21 SR 482; 30 SR 923*
##### **Minn. R. 7077.0281** Commissioner Certification to Authority {#sec-7077.0281 omnilex-key=us-mn-regs-official--agency-167--7077.0281}
**Subpart 1. Certification of planning and design projects.**
Upon review and approval of the documents required by part 7077.0280, subpart 2, and a determination that the project meets the applicable requirements of the act, federal regulations, state statutes, and this chapter, the commissioner shall certify the project to the authority.
**Subp. 2.**
[Repealed, 30 SR 923]
**Subp. 3. Certification of construction projects.**
Upon the completion of items A to D, the commissioner shall certify the project to the authority.
A. The environmental review requirements of chapter 4410, Minnesota Statutes, chapter 116D, and Code of Federal Regulations, title 40, part 35, subpart K, have been satisfactorily met.
B. The municipality has obtained a NPDES or SDS permit from the agency for the project, if applicable.
C. The documents required under part 7077.0280, subpart 4, have been reviewed and approved.
D. The project has been determined to meet the applicable requirements of the act, federal regulations, Minnesota Statutes, and this chapter.
**Subp. 3a. Essential project components.**
In certifying a wastewater treatment project under this part, the commissioner shall include a statement of essential project components and associated costs, which shall be based upon the essential project component percentage calculated under this subpart. "Essential project components" are those components of a project that are necessary to convey or treat a municipality's existing wastewater flows and loadings. Based on information contained in the approved facilities plan submitted under part 7077.0272, the essential project component percentage shall be calculated by multiplying 100 times the number obtained by dividing the total existing daily carbonaceous biochemical oxygen demand (CBOD) mass loading by the proposed total 20-year growth daily CBOD mass loading.
**Subp. 4. Amended certification.**
If there is significant alteration to a project after the commissioner certifies the project to the authority, the municipality must request, in writing, an amended certification. Upon review and approval of the request and project alteration, the commissioner shall send an amended certification to the authority.
**History**
- *Statutory Authority: MS s 116.07; 116.182; 446A.07*
- *History: 13 SR 1690; 15 SR 288; 17 SR 3097; 30 SR 923*
##### **Minn. R. 7077.0284** Inspections {#sec-7077.0284 omnilex-key=us-mn-regs-official--agency-167--7077.0284}
The commissioner may conduct inspections of the project under Minnesota Statutes, section 115.03, subdivision 1, paragraph (f).
**History**
- *Statutory Authority: MS s 116.07; 116.182; 446A.07*
- *History: 13 SR 1690; 15 SR 288; 17 SR 3097*
##### **Minn. R. 7077.0286** Completion of Construction and Initiation of Operation; Wastewater Treatment Systems {#sec-7077.0286 omnilex-key=us-mn-regs-official--agency-167--7077.0286}
**Subpart 1. Construction reporting requirements.**
At least 60 days before the scheduled initiation of operation, the municipality shall submit to the commissioner, as appropriate:
A. evidence that the municipality has a wastewater treatment facility operator, certified for the classification of the treatment system according to chapter 9400, directly responsible for the operation of the system; and
B. an operation and maintenance manual or a maintenance plan for the commissioner's approval, or a certificate of completion of an operation and maintenance manual on a form prescribed by the commissioner.
**Subp. 2. Prefinal inspection.**
The municipality must notify the commissioner in writing when it is ready to initiate operation and request that a prefinal inspection be scheduled before initiation of operation can occur. The purpose of this inspection is to identify construction deficiencies and to set target dates for completion of construction items.
**Subp. 3. Initiation of operation.**
A. Before initiation of operation will be approved, a prefinal inspection must be held and the commissioner must approve the initiation of operation date. Systems with an NPDES or SDS permit must also have the items under subpart 1, item A, completed and subpart 1, item B, approved by the commissioner.
B. After initiation of operation, the municipality must notify the commissioner in writing of the initiation of operation date within ten days following initiation of operation.
C. The date of initiation of operation is the first day of the one-year performance period.
**Subp. 4. Final inspection.**
A final inspection of the wastewater treatment system shall be performed by agency staff when all the construction is complete except for minor weather-related components. The purpose of the inspection is to verify that construction is complete and conforms with the approved plans and specifications and change orders. The municipality shall request that a final inspection be performed when it believes construction is complete.
**History**
- *Statutory Authority: MS s 116.182; 446A.07*
- *History: 17 SR 3097; 30 SR 923*
##### **Minn. R. 7077.0287** Completion of Construction and Initiation of Operation; Stormwater Treatment Systems {#sec-7077.0287 omnilex-key=us-mn-regs-official--agency-167--7077.0287}
**Subpart 1. Notification required.**
Within ten days following submission of a notice of termination for the construction stormwater permit obtained for the project or, when no permit is required, within ten days of the completion of construction, the municipality must notify the commissioner in writing of the initiation of operation date.
**Subp. 2. Date of initiation of operation.**
The date of initiation of operation is the date the notice of termination for the construction stormwater permit for the project is submitted and is the first day of the one-year performance period. When no permit is required, the date of initiation of operation is the date the municipality submitted to the agency as the completion date of construction under subpart 1.
**Subp. 3. Inspection required.**
The municipality must notify the commissioner in writing when the municipality is ready to initiate operation and request that an inspection be scheduled. The purpose of the inspection is to ensure that the construction conforms with the approved plans and specifications and any change orders, to identify construction deficiencies, and to set target dates for the completion of construction items.
**Subp. 4. Operation and maintenance manual.**
Before completing construction, the municipality must submit to the commissioner an operation and maintenance manual for the stormwater treatment systems implemented by the project.
**History**
- *Statutory Authority: MS s 115.03; 116.182; 446A.07*
- *History: 21 SR 482; 38 SR 444*
##### **Minn. R. 7077.0288** Project Performance {#sec-7077.0288 omnilex-key=us-mn-regs-official--agency-167--7077.0288}
**Subpart 1.**
[Repealed, 15 SR 288]
**Subp. 2. Performance certification for wastewater treatment systems.**
One year after the initiation of operation of a wastewater treatment project, the municipality shall submit to the commissioner the following items, as appropriate for the project:
A. A certification on a form prescribed by the commissioner and signed by a professional engineer registered in the state of Minnesota stating that the project meets the following performance standards:
B. A revised operation and maintenance manual or revised maintenance plan based on actual operating experience obtained during the one-year performance period, or a certificate of completion of a revised operation and maintenance manual on a form prescribed by the commissioner.
C. Documentation that the municipality is collecting sufficient funds to provide for operation and maintenance and equipment replacement costs in conformance with the approved operation and maintenance manual on a form prescribed by the commissioner.
**Subp. 2a. Performance certification for stormwater treatment systems.**
One year after the initiation of operation of the stormwater treatment project, the municipality shall submit to the commissioner the following items, as appropriate for the project:
A. a certification stating whether the project meets the following performance standards:
B. an evaluation report describing the performance of the project as it pertains to the problems in need of correction identified in the stormwater project plan.
**Subp. 3. Corrective action report.**
If the commissioner or the municipality determines that the wastewater treatment project does not meet the project performance standards under subpart 2, item A, or that the stormwater treatment project does not meet the project performance standards under subpart 2a, item A, the municipality shall:
A. within 30 days of the performance certification date or within 30 days of the commissioner's determination that the project does not meet the project performance standards, submit a corrective action report that includes:
B. following the completion of corrective action work, submit a performance certification as specified under subpart 2 or 2a, as applicable, according to the schedule in item A, subitem (3).
**History**
- *Statutory Authority: MS s 115.03; 116.07; 116.182; 446A.07*
- *History: 13 SR 1690; 15 SR 288; 17 SR 3097; 21 SR 482; 30 SR 923; 38 SR 444*
##### **Minn. R. 7077.0290** Commissioner's Notification of Performance {#sec-7077.0290 omnilex-key=us-mn-regs-official--agency-167--7077.0290}
The commissioner shall provide written notification about the satisfactory performance of a wastewater treatment project or a stormwater treatment project to the authority upon receipt and approval by the commissioner of the items listed in part 7077.0288, subpart 2, item A, or 2a, item A, as applicable.
**History**
- *Statutory Authority: MS s 115.03; 116.182; 446A.07*
- *History: 17 SR 3097; 21 SR 482; 38 SR 444*
##### **Minn. R. 7077.0292** Request to Withhold Financial Assistance Payments {#sec-7077.0292 omnilex-key=us-mn-regs-official--agency-167--7077.0292}
Failure of a project to conform substantially to approved plans and specifications or failure of a municipality to comply with the requirements of parts 7077.0286 and 7077.0288 constitutes grounds for the commissioner to request that the authority withhold payments to the municipality. Once an agreement for correcting the condition which led to the withholding of funds is reached between the commissioner and the municipality, the commissioner will recommend to the authority that the retained funds be released according to the provisions in the agreement.
**History**
- *Statutory Authority: MS s 116.07; 116.182; 446A.07*
- *History: 13 SR 1690; 15 SR 288; 17 SR 3097*
##### **Minn. R. 7077.0300** [Repealed, 30 SR 923] {#sec-7077.0300 omnilex-key=us-mn-regs-official--agency-167--7077.0300}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0305** [Repealed, 17 SR 3097] {#sec-7077.0305 omnilex-key=us-mn-regs-official--agency-167--7077.0305}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0310** [Repealed, 30 SR 923] {#sec-7077.0310 omnilex-key=us-mn-regs-official--agency-167--7077.0310}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0315** [Repealed, 30 SR 923] {#sec-7077.0315 omnilex-key=us-mn-regs-official--agency-167--7077.0315}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0320** [Repealed, 30 SR 923] {#sec-7077.0320 omnilex-key=us-mn-regs-official--agency-167--7077.0320}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0325** [Repealed, 30 SR 923] {#sec-7077.0325 omnilex-key=us-mn-regs-official--agency-167--7077.0325}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0330** [Repealed, 30 SR 923] {#sec-7077.0330 omnilex-key=us-mn-regs-official--agency-167--7077.0330}
[Repealed, 30 SR 923]
##### **Minn. R. 7077.0400** [Renumbered 7077.0111] {#sec-7077.0400 omnilex-key=us-mn-regs-official--agency-167--7077.0400}
[Renumbered 7077.0111]
##### **Minn. R. 7077.0405** [Renumbered 7077.0278] {#sec-7077.0405 omnilex-key=us-mn-regs-official--agency-167--7077.0405}
[Renumbered 7077.0278]
##### **Minn. R. 7077.0410** [Renumbered 7077.0280] {#sec-7077.0410 omnilex-key=us-mn-regs-official--agency-167--7077.0410}
[Renumbered 7077.0280]
##### **Minn. R. 7077.0415** [Renumbered 7077.0281] {#sec-7077.0415 omnilex-key=us-mn-regs-official--agency-167--7077.0415}
[Renumbered 7077.0281]
##### **Minn. R. 7077.0420** [Repealed, 17 SR 3097] {#sec-7077.0420 omnilex-key=us-mn-regs-official--agency-167--7077.0420}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0425** [Renumbered 7077.0284] {#sec-7077.0425 omnilex-key=us-mn-regs-official--agency-167--7077.0425}
[Renumbered 7077.0284]
##### **Minn. R. 7077.0430** [Repealed, 17 SR 3097] {#sec-7077.0430 omnilex-key=us-mn-regs-official--agency-167--7077.0430}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0435** [Repealed, 17 SR 3097] {#sec-7077.0435 omnilex-key=us-mn-regs-official--agency-167--7077.0435}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0440** [Renumbered 7077.0288] {#sec-7077.0440 omnilex-key=us-mn-regs-official--agency-167--7077.0440}
[Renumbered 7077.0288]
##### **Minn. R. 7077.0445** [Renumbered 7077.0292] {#sec-7077.0445 omnilex-key=us-mn-regs-official--agency-167--7077.0445}
[Renumbered 7077.0292]
##### **Minn. R. 7077.0500** [Repealed, 21 SR 482] {#sec-7077.0500 omnilex-key=us-mn-regs-official--agency-167--7077.0500}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0505** [Repealed, 21 SR 482] {#sec-7077.0505 omnilex-key=us-mn-regs-official--agency-167--7077.0505}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0510** [Repealed, 21 SR 482] {#sec-7077.0510 omnilex-key=us-mn-regs-official--agency-167--7077.0510}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0515** [Repealed, 21 SR 482] {#sec-7077.0515 omnilex-key=us-mn-regs-official--agency-167--7077.0515}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0520** [Repealed, 21 SR 482] {#sec-7077.0520 omnilex-key=us-mn-regs-official--agency-167--7077.0520}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0525** [Repealed, 21 SR 482] {#sec-7077.0525 omnilex-key=us-mn-regs-official--agency-167--7077.0525}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0530** [Repealed, 21 SR 482] {#sec-7077.0530 omnilex-key=us-mn-regs-official--agency-167--7077.0530}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0535** [Repealed, 21 SR 482] {#sec-7077.0535 omnilex-key=us-mn-regs-official--agency-167--7077.0535}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0540** [Repealed, 21 SR 482] {#sec-7077.0540 omnilex-key=us-mn-regs-official--agency-167--7077.0540}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0545** [Repealed, 21 SR 482] {#sec-7077.0545 omnilex-key=us-mn-regs-official--agency-167--7077.0545}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0550** [Repealed, 21 SR 482] {#sec-7077.0550 omnilex-key=us-mn-regs-official--agency-167--7077.0550}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0555** [Repealed, 21 SR 482] {#sec-7077.0555 omnilex-key=us-mn-regs-official--agency-167--7077.0555}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0560** [Repealed, 21 SR 482] {#sec-7077.0560 omnilex-key=us-mn-regs-official--agency-167--7077.0560}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0600** [Repealed, 21 SR 482] {#sec-7077.0600 omnilex-key=us-mn-regs-official--agency-167--7077.0600}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0605** [Repealed, 17 SR 3097] {#sec-7077.0605 omnilex-key=us-mn-regs-official--agency-167--7077.0605}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0610** [Repealed, 21 SR 482] {#sec-7077.0610 omnilex-key=us-mn-regs-official--agency-167--7077.0610}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0615** [Repealed, 21 SR 482] {#sec-7077.0615 omnilex-key=us-mn-regs-official--agency-167--7077.0615}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0620** [Repealed, 21 SR 482] {#sec-7077.0620 omnilex-key=us-mn-regs-official--agency-167--7077.0620}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0625** [Repealed, 21 SR 482] {#sec-7077.0625 omnilex-key=us-mn-regs-official--agency-167--7077.0625}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0630** [Repealed, 17 SR 3097] {#sec-7077.0630 omnilex-key=us-mn-regs-official--agency-167--7077.0630}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0635** [Repealed, 17 SR 3097] {#sec-7077.0635 omnilex-key=us-mn-regs-official--agency-167--7077.0635}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0640** [Repealed, 21 SR 482] {#sec-7077.0640 omnilex-key=us-mn-regs-official--agency-167--7077.0640}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0645** [Repealed, 17 SR 3097] {#sec-7077.0645 omnilex-key=us-mn-regs-official--agency-167--7077.0645}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0650** [Repealed, 21 SR 482] {#sec-7077.0650 omnilex-key=us-mn-regs-official--agency-167--7077.0650}
[Repealed, 21 SR 482]
##### **Minn. R. 7077.0655** [Repealed, 17 SR 3097] {#sec-7077.0655 omnilex-key=us-mn-regs-official--agency-167--7077.0655}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0660** [Repealed, 17 SR 3097] {#sec-7077.0660 omnilex-key=us-mn-regs-official--agency-167--7077.0660}
[Repealed, 17 SR 3097]
##### **Minn. R. 7077.0700** Purpose {#sec-7077.0700 omnilex-key=us-mn-regs-official--agency-167--7077.0700}
The individual sewage treatment systems grants program provides grants to municipalities to assist owners of individual sewage treatment systems to upgrade or replace their failed systems according to the provisions of Minnesota Statutes, section 116.18, subdivision 3c. The program is jointly administered by the Minnesota Pollution Control Agency and the Minnesota Public Facilities Authority. The program applies to grants awarded before, on, or after July 1, 1990. Parts 7077.0700 to 7077.0765 provide for the agency's responsibilities for the administration of the program.
**History**
- *Statutory Authority: MS s 116.07; 116.18; 116.182*
- *History: 13 SR 1822; 15 SR 288; 17 SR 3097*
##### **Minn. R. 7077.0705** Definitions {#sec-7077.0705 omnilex-key=us-mn-regs-official--agency-167--7077.0705}
**Subpart 1. Scope.**
For the purpose of parts 7077.0700 to 7077.0765, the following terms have the meanings given them.
**Subp. 2. Abatement notice.**
"Abatement notice" means an official document issued by the municipality to the owner of an individual sewage treatment system stating that the owner is in violation of the municipality's ordinance that adopts the requirements of chapter 7080. The abatement notice must include a citation to the ordinance alleged to have been violated and a time frame for correcting the alleged violations.
**Subp. 2a. Application cycle.**
"Application cycle" means the development of a funding list and the acceptance, review, and approval of written applications for individual sewage treatment system grant funds.
**Subp. 3.**
[Repealed, 15 SR 288]
**Subp. 4.**
[Repealed, 15 SR 288]
**Subp. 5.**
[Repealed, 15 SR 288]
**Subp. 5a.**
[Repealed, 17 SR 3097]
**Subp. 6. Construction cost.**
"Construction cost" means the cost of the materials, labor, overhead, and profit necessary for installation, construction, and repair of an individual sewage treatment system established by a contract between a system owner and a system installer.
**Subp. 7.**
[Repealed, 17 SR 3097]
**Subp. 8. Dwelling.**
"Dwelling" means any building or place used or intended to be used by human occupants as a single family or two family unit.
**Subp. 9. Failed system.**
"Failed system" means an individual sewage treatment system that does not conform to chapter 7080 and has been issued an abatement notice by the municipality.
**Subp. 10. Individual on-site treatment systems program.**
"Individual on-site treatment systems program" means the same as "individual sewage treatment systems grants program," which is administered according to parts 7077.0700 to 7077.0765.
**Subp. 11. Inspector.**
"Inspector" means a person employed by or under contract to the municipality who inspects individual sewage treatment systems for conformance with the ordinance that adopts the requirements of chapter 7080, and has received agency approval under part 7077.0720.
**Subp. 12. Installer.**
"Installer" means a person who constructs or repairs individual sewage treatment systems according to chapter 7080, and has received agency approval under part 7077.0720.
**Subp. 12a.**
[Repealed, 17 SR 3097]
**Subp. 13. Median household income.**
"Median household income" means the income data named "median household income" from the most recent decennial census of the United States or the median household income calculated by the municipality and approved by the commissioner for alternative planning areas.
**Subp. 14. Mound system.**
"Mound system" means a system for which the soil treatment area is built above the naturally occurring soil surface to overcome limits imposed by proximity to water table or bedrock, or by rapidly or slowly permeable soils.
**Subp. 15.**
[Repealed, 15 SR 288]
**Subp. 16.**
[Repealed, 17 SR 3097]
**Subp. 16a. Planning area.**
"Planning area" means an area of contiguous structures with wastewater flows. A planning area is the entire geographic area within a municipality's jurisdiction unless the commissioner approves an alternative area.
**Subp. 16b. Provisional certification.**
"Provisional certification" means an apprenticeship status given to persons that have participated in the state individual sewage treatment system certification program and passed the certification examination, but lack the experience required for full certification.
**Subp. 17. Seasonal residence.**
"Seasonal residence" means a structure with wastewater flows resided at for less than 182 days of a calendar year by a single family or household. Second homes, vacation residences, and recreation residences are included in this definition.
**Subp. 17a. Site evaluation costs.**
"Site evaluation costs" means the expenses associated with a site evaluation, which include the cost of an evaluator/designer, soil borings, percolation tests, and the determination of topographical features.
**Subp. 18.**
[Repealed, 17 SR 3097]
**Subp. 18a. System design costs.**
"System design costs" means the expenses charged by an evaluator/designer to complete the necessary calculations for system size, location, materials, and other items necessary to develop a bed, trench, or mound wastewater treatment system design that conforms to chapter 7080.
**Subp. 19. Trench or bed system.**
"Trench or bed system" means a wastewater treatment system employing a building sewer, sewage tank, and the soil treatment system consisting of trenches or a seepage bed constructed below the original soil surface.
**History**
- *Statutory Authority: MS s 116.07; 116.18; 116.182*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800; 17 SR 3097*
##### **Minn. R. 7077.0710** Eligibility {#sec-7077.0710 omnilex-key=us-mn-regs-official--agency-167--7077.0710}
**Subpart 1. Eligibility to participate.**
Only municipalities, as defined under part 7077.0105, subpart 24, are eligible to participate in the individual sewage treatment systems grants program.
**Subp. 2. Eligibility of individual sewage treatment systems.**
A. For an individual sewage treatment system to be eligible to be included in a municipality's grant application it must meet the following conditions:
B. For an individual sewage treatment system to be eligible to receive grant funds it must meet the following conditions:
**Subp. 3. Eligibility of funded areas.**
Individual sewage treatment systems located in geographic areas that were included in planning areas of projects previously funded with state or federal water pollution control funds are not eligible for funding under this program.
**Subp. 4. Eligibility of alternative planning area.**
The commissioner shall evaluate any written municipal proposal for a project planning area that is less than the municipality's entire geographic jurisdiction. The commissioner's evaluation of the proposal shall be based on housing density, water quality impact, and public health impact. Separate structures with wastewater flows that are not part of a contiguous area shall not be approved as or part of a planning area.
**Subp. 5. Eligibility to submit a request to be placed on the funding list.**
The commissioner shall only accept requests to place projects on the funding list under part 7077.0713 from municipalities that:
A. have authorization from their governing bodies to assume the responsibility for the proposed grant projects and the associated official documents; and
B. have planning areas that have been approved by the commissioner.
**Subp. 6. Eligibility to submit grant application.**
The authority shall accept grant applications only from municipalities that have:
A. successfully submitted requests to be placed on the funding list;
B. been classified as fundable on the on-site funding list; and
C. received written notification from the commissioner to submit applications.
**History**
- *Statutory Authority: MS s 116.07; 116.18; 116.182*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800; 17 SR 3097*
##### **Minn. R. 7077.0713** Funding List {#sec-7077.0713 omnilex-key=us-mn-regs-official--agency-167--7077.0713}
**Subpart 1. Funding list.**
A funding list shall be compiled by the commissioner before each grant application period. The list shall be used to determine which municipalities are eligible to apply for individual sewage treatment system grant funds.
**Subp. 2. Requirements for placement on the funding list.**
To be placed on the funding list a municipality must meet the requirements of part 7077.0710, subpart 5, and either item A, B, or C, as appropriate.
A. A municipality with a project proposal must submit a written request for the project to be placed on the funding list to the commissioner during a submittal period announced by a notice in the State Register. The notice shall include submittal deadlines and conditions. The placement request must be made on forms provided by the agency and must include:
B. A municipality with a project that has been awarded a partial grant under part 7077.0735, subpart 2, shall submit a written request for the remaining grant fund entitlement to the commissioner by the published placement-request submittal deadline described under item A.
C. A municipality eligible for a grant increase amendment under part 7077.0735, subpart 4, item A, shall submit a written request for the grant increase to the commissioner by the published placement-request submittal deadline described under item A.
**Subp. 3. Incomplete requests.**
Municipalities that submit placement requests that do not include the information required in subpart 2 or that are not postmarked by the published deadline shall not be placed on the funding list.
**Subp. 4. Priority ranking.**
Priority ranking of projects will be based on the median household income approved by the commissioner for the project planning area. Ranking on the funding list shall be determined as described in items A to C:
A. Partial award projects shall be ranked before other grant increase amendments and project proposals. Partial award projects shall be ranked with the lowest median household income receiving the highest priority.
B. Grant increase amendments other than for partial awards shall be ranked after the lowest priority partial award project on the funding list and before project proposals. These grant increases shall be ranked with the lowest median household income receiving the highest priority.
C. Project proposals shall be ranked after the lowest priority grant increase amendment project on the funding list. Project proposals shall be ranked with the lowest median household income receiving the highest priority.
**Subp. 5. Determination of fundable range.**
To determine the fundable range on the funding list, the commissioner shall subtract the estimated grant amount or calculated grant increase for each project, in order of decreased priority, from the amount available in the individual sewage treatment system grant fund. The projects classified as fundable are those that have their estimated or calculated project costs subtracted before the grant fund amount is depleted or diminished to an amount too small to complete the majority of the project next in priority on the funding list.
**Subp. 6. Determination of projects eligible to submit applications.**
Only municipalities with projects classified as fundable on the funding list are eligible to submit applications.
**Subp. 7. Exclusion from fundable range.**
Projects not classified as fundable on the funding list must resubmit the documents required under subpart 2 during a subsequent placement request period.
**Subp. 8. Commissioner notification.**
The commissioner shall notify each municipality of the funding list priority for its project.
**History**
- *Statutory Authority: MS s 116.18; 116.182*
- *History: 16 SR 1800; 17 SR 3097*
##### **Minn. R. 7077.0715** [Repealed, 16 SR 1800] {#sec-7077.0715 omnilex-key=us-mn-regs-official--agency-167--7077.0715}
[Repealed, 16 SR 1800]
##### **Minn. R. 7077.0720** [Repealed, 24 SR 426] {#sec-7077.0720 omnilex-key=us-mn-regs-official--agency-167--7077.0720}
[Repealed, 24 SR 426]
##### **Minn. R. 7077.0725** Grant Application {#sec-7077.0725 omnilex-key=us-mn-regs-official--agency-167--7077.0725}
**Subpart 1. Eligibility.**
No municipality shall submit an individual sewage treatment system grant application unless it meets the eligibility requirements of part 7077.0710, subpart 6. The written notification from the commissioner shall include application submittal conditions and deadlines. No municipality is eligible for a grant unless a complete grant application has been submitted to the authority and has been certified by the commissioner. A complete application includes all the documents required under subpart 2.
**Subp. 2. Application requirements.**
The municipality must apply for a grant on a form provided by the commissioner or the authority. The municipality must submit to the authority the following information with the application:
A. the wastewater treatment plan adopted by the municipality's governing body that identifies wastewater treatment needs, proposes long-term solutions for a planning area, and includes:
B. a copy of the enacted ordinance that adopts the requirements of chapter 7080, individual sewage treatment system standards, and establishes a maintenance plan for the individual sewage treatment systems in the municipal jurisdiction and certification that the ordinance is being enforced;
C. signed statements of compliance with the eligibility requirements under part 7077.0710, subpart 2, items B to E, from the individual system owners;
D. the amount of grant funding requested for site evaluation, system design, and construction and a certification stating that only eligible costs have been requested;
E. the municipality's estimated date for the completion of all construction and final request for payment for the grant eligible systems;
F. a statement from the municipality that it has an inspector on staff or under contract for services; and
G. an assurance from the municipality that states that all property owners who plan to be connected to an individual sewage treatment system that serves two or more structures with wastewater flows agree to be part of the system, to participate in the construction projects, and to participate in and finance future operation, maintenance, and replacement of the system.
**Subp. 3. Other information.**
After the application is received, the municipality must submit any other information requested by the commissioner necessary to clarify the application.
**Subp. 4. Application closing date.**
The application deadline shall not be less than 150 days after the placement request submittal deadline identified under part 7077.0713, subpart 2, item A. The commissioner shall send written notification of the application deadline to municipalities that are eligible to submit grant applications. The application must be postmarked by the specified application deadline.
**Subp. 5. Incomplete applications.**
Municipalities that submit applications postmarked by the application deadline that require additional information to be considered complete under subpart 2, have 45 days from the application deadline to submit the information needed to make the application approvable. If an application is not completed within this 45 days, the municipality is ineligible for funding. Ineligible municipalities must wait to reapply until the funding list placement requirements have been met and the project has been classified as fundable under part 7077.0713 during a subsequent application cycle.
**Subp. 6. Three copies.**
Individual sewage treatment system grant application forms and attachments must be submitted in triplicate to the authority. At least one set of forms and attachments must contain original signatures.
**Subp. 7. Application approval.**
The commissioner shall review and approve grant applications from municipalities that meet the requirements under this part.
**History**
- *Statutory Authority: MS s 116.07; 116.18; 116.182*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800; 17 SR 3097*
##### **Minn. R. 7077.0730** Eligible Costs {#sec-7077.0730 omnilex-key=us-mn-regs-official--agency-167--7077.0730}
**Subpart 1. Eligible costs.**
Only the actual site evaluation, system design, and construction costs of upgrading or replacing failed individual sewage treatment systems that have been identified under part 7077.0725, subpart 2, item A, subitem (4), are eligible. Upgraded or replacement systems must be a trench, bed, or mound design and meet the requirements under part 7077.0710, subpart 2, item B, to be eligible for grant participation. Only the costs associated with one system shall be eligible for each structure with wastewater flows.
**Subp. 2. Ineligible costs.**
All inspection, administrative, land, and easement costs are ineligible for grant assistance. Planning and engineering costs, other than for site evaluation and system design, are also ineligible for grant assistance.
**Subp. 3.**
[Repealed, 16 SR 1800]
**Subp. 4. Costs incurred before grant award.**
An owner may incur costs before the award of the grant and retain eligibility for reimbursement of eligible costs if the following conditions are met:
A. the owner's system is specifically identified on the wastewater treatment plan as required under part 7077.0725, subpart 2, item A, that was approved by the municipality and the commissioner before construction costs are incurred; and
B. all work has been done by personnel approved under part 7077.0720, and according to chapter 7080 and the approved wastewater treatment plan.
**History**
- *Statutory Authority: MS s 116.07; 116.18; 116.182*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800; 17 SR 3097*
##### **Minn. R. 7077.0735** Amount of Grant Award {#sec-7077.0735 omnilex-key=us-mn-regs-official--agency-167--7077.0735}
**Subpart 1. Grant amount.**
The amount of the grant to be awarded will be the sum of items A and B:
A. 50 percent of the construction costs eligible under part 7077.0730 up to a maximum amount of $2,500 per structure with wastewater flows for a trench or bed system and $3,750 per structure with wastewater flows for a mound system; and
B. 50 percent of the site evaluation and system design costs eligible under part 7077.0730 up to a maximum amount of $150 per structure with wastewater flows.
**Subp. 2. Partial awards.**
A municipality that receives only a part of the grant to which it is entitled, due to the limitation of funding, will be entitled to receive a grant amendment in the next year or years, if individual sewage treatment systems grant funding is available, until the full amount of the grant is awarded. If a municipality accepts a partial grant it must identify which project elements will be completed with the grant as part of the grant agreement.
**Subp. 3. Funds not allocated.**
Individual sewage treatment system grant funds that are not allocated for a fundable project, that are refused by a municipality, or that are denied award by the commissioner or authority shall remain in the grant fund for distribution during the next application cycle.
**Subp. 4. Amendments.**
Grant amendments shall be made as described in items A and B.
A. Grant increase amendments shall only be made to fulfill the original grant entitlement for municipalities that receive partial awards as described under subpart 2, to reimburse the eligible cost for failed individual sewage treatment systems in a project planning area that were not identified on the funding list placement request, and to reimburse site evaluation and system design costs eligible under subpart 1, item B, for municipalities that received individual sewage treatment system grant awards before July 1, 1990. Grant increases shall be made during an application cycle when funds are available and the grant increase has been classified as fundable on the corresponding funding list.
B. Grant decrease amendments shall be made upon project completion to reduce the grant to correspond with the amount of incurred, grant eligible costs.
**History**
- *Statutory Authority: MS s 116.07; 116.18; 116.182*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800; 17 SR 3097*
##### **Minn. R. 7077.0740** [Repealed, 16 SR 1800] {#sec-7077.0740 omnilex-key=us-mn-regs-official--agency-167--7077.0740}
[Repealed, 16 SR 1800]
##### **Minn. R. 7077.0745** Certification of Award {#sec-7077.0745 omnilex-key=us-mn-regs-official--agency-167--7077.0745}
**Subpart 1. Certification to authority.**
The commissioner will certify each individual on-site wastewater treatment system grant application approved under part 7077.0725, subpart 7, and grant amendment approved under part 7077.0735, subpart 4, to the authority for award. Grant eligible costs, award amounts, and eligible budget periods will be determined at the time of certification.
**Subp. 2.**
[Repealed, 16 SR 1800]
**Subp. 3.**
[Repealed, 16 SR 1800]
**History**
- *Statutory Authority: MS s 116.07; 116.18*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800*
##### **Minn. R. 7077.0750** Payment Conditions {#sec-7077.0750 omnilex-key=us-mn-regs-official--agency-167--7077.0750}
Payment of the grant is contingent on complying with the following conditions:
A. The upgrade or replacement to the existing system must be designed by an evaluator/designer using data from an evaluator/designer.
B. The upgrade or replacement to the existing system must be constructed by an installer.
C. The upgrade or replacement to the existing system must be inspected and approved by the inspector.
D. The upgrade or replacement to the existing system must meet the standards under chapter 7080 and must be completed in accordance with the approved wastewater treatment plan.
E. Costs on the payment request have been incurred and are eligible under part 7077.0730.
**History**
- *Statutory Authority: MS s 116.07; 116.18; 116.182*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800; 17 SR 3097*
##### **Minn. R. 7077.0755** Payments {#sec-7077.0755 omnilex-key=us-mn-regs-official--agency-167--7077.0755}
**Subpart 1. Request for payments.**
A municipality must submit payment requests to the authority on a form provided by the authority.
**Subp. 2. Schedule of payments.**
Payments may be requested monthly as construction on individual sewage treatment systems is completed and approved by the inspector.
**Subp. 3. Documentation.**
Before payment of any part of the grant is made, the municipality must certify to the agency that the payment conditions under part 7077.0750 have been fulfilled and invoices that document incurred site evaluation, system design, and construction costs for each upgraded or replaced individual sewage treatment system will be kept on file for state audit purposes.
**Subp. 4. Certification of payment.**
Within 30 days of agency receipt of payment request, the commissioner will determine whether payment will be made. If the commissioner determines that payment will not be made, the commissioner will advise the municipality of the deficiencies in the request. If the commissioner determines that payment conditions have been met, the commissioner will certify to the authority that payment should be made.
**History**
- *Statutory Authority: MS s 116.07; 116.18; 116.182*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800; 17 SR 3097*
##### **Minn. R. 7077.0760** Termination of Grant {#sec-7077.0760 omnilex-key=us-mn-regs-official--agency-167--7077.0760}
Failure of the municipality to comply with the grant agreement or parts 7077.0700 to 7077.0765 constitutes grounds for the commissioner to recommend that the authority terminate the grant.
**History**
- *Statutory Authority: MS s 116.07; 116.18*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800*
##### **Minn. R. 7077.0765** Subsequent Grants {#sec-7077.0765 omnilex-key=us-mn-regs-official--agency-167--7077.0765}
A municipality awarded a grant from the individual on-site wastewater treatment systems grants program is not eligible for additional funding under the program established by the 1972 Federal Water Pollution Control Act amendments or the state independent grants program, including the individual on-site wastewater treatment systems grants program, unless the municipality is applying for a project that serves a planning area that was not included, under part 7077.0725, subpart 2, item A, in the awarded grant.
**History**
- *Statutory Authority: MS s 116.07; 116.18*
- *History: 13 SR 1822; 15 SR 288; 16 SR 1800*
##### **Minn. R. 7077.2000** Disputes {#sec-7077.2000 omnilex-key=us-mn-regs-official--agency-167--7077.2000}
A municipality adversely affected by an action of agency staff may request a review of the action. A request for review of the action must be submitted in writing to the commissioner by the municipality within 45 days of the date of notification of a final decision made by agency staff.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 15 SR 288*
##### **Minn. R. 7077.2005** Procedural Rules and Appeals {#sec-7077.2005 omnilex-key=us-mn-regs-official--agency-167--7077.2005}
A request for a hearing, an appeal, or other procedural matter not specifically provided for in this chapter is governed by the agency rules of procedure, the rules of the Office of Administrative Hearings, and other applicable laws.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 15 SR 288*
##### **Minn. R. 7077.2010** Variances {#sec-7077.2010 omnilex-key=us-mn-regs-official--agency-167--7077.2010}
A person may apply for a variance from any requirement of parts in this chapter. The variance shall be applied for and acted upon by the agency according to Minnesota Statutes, section 116.07, subdivision 5, and other applicable statutes and rules.
**History**
- *Statutory Authority: MS s 116.07*
- *History: 15 SR 288*
## **Chapter 7080** INDIVIDUAL SUBSURFACE SEWAGE TREATMENT SYSTEMS
##### **Minn. R. 7080.0010** [Repealed, 32 SR 1347] {#sec-7080.0010 omnilex-key=us-mn-regs-official--agency-167--7080.0010}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0020** Repealed by subpart {#sec-7080.0020 omnilex-key=us-mn-regs-official--agency-167--7080.0020}
**Subpart 1.**
[Repealed, 32 SR 1347]
**Subp. 1a.**
[Repealed, 32 SR 1347]
**Subp. 1b.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 32 SR 1347]
**Subp. 3.**
[Repealed, 32 SR 1347]
**Subp. 3a.**
[Repealed, 32 SR 1347]
**Subp. 3b.**
[Repealed, 32 SR 1347]
**Subp. 4.**
[Repealed, 32 SR 1347]
**Subp. 4a.**
[Repealed, 32 SR 1347]
**Subp. 4b.**
[Repealed, 32 SR 1347]
**Subp. 4c.**
[Repealed, 32 SR 1347]
**Subp. 4d.**
[Repealed, 32 SR 1347]
**Subp. 5.**
[Repealed, 32 SR 1347]
**Subp. 6.**
[Repealed, 32 SR 1347]
**Subp. 7.**
[Repealed, 32 SR 1347]
**Subp. 7a.**
[Repealed, 32 SR 1347]
**Subp. 8.**
[Repealed, 32 SR 1347]
**Subp. 9.**
[Repealed, 32 SR 1347]
**Subp. 9a.**
[Repealed, 32 SR 1347]
**Subp. 10.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 10a.**
[Repealed, 32 SR 1347]
**Subp. 10b.**
[Repealed, 32 SR 1347]
**Subp. 11.**
[Repealed, 32 SR 1347]
**Subp. 11a.**
[Repealed, 32 SR 1347]
**Subp. 11b.**
[Repealed, 32 SR 1347]
**Subp. 11c.**
[Repealed, 32 SR 1347]
**Subp. 11d.**
[Repealed, 32 SR 1347]
**Subp. 12.**
[Repealed, 32 SR 1347]
**Subp. 12a.**
[Repealed, 32 SR 1347]
**Subp. 12b.**
[Repealed, 32 SR 1347]
**Subp. 12c.**
[Repealed, 32 SR 1347]
**Subp. 12d.**
[Repealed, 32 SR 1347]
**Subp. 12e.**
[Repealed, 32 SR 1347]
**Subp. 13.**
[Repealed, 32 SR 1347]
**Subp. 13a.**
[Repealed, 32 SR 1347]
**Subp. 14.**
[Repealed, 32 SR 1347]
**Subp. 15.**
[Repealed, 32 SR 1347]
**Subp. 15a.**
[Repealed, 32 SR 1347]
**Subp. 15b.**
[Repealed, 32 SR 1347]
**Subp. 16.**
[Repealed, 32 SR 1347]
**Subp. 16a.**
[Repealed, 32 SR 1347]
**Subp. 16b.**
[Repealed, 32 SR 1347]
**Subp. 16c.**
[Repealed, 32 SR 1347]
**Subp. 16d.**
[Repealed, 32 SR 1347]
**Subp. 16e.**
[Repealed, 32 SR 1347]
**Subp. 16f.**
[Repealed, 32 SR 1347]
**Subp. 16g.**
[Repealed, 32 SR 1347]
**Subp. 16h.**
[Repealed, 32 SR 1347]
**Subp. 16i.**
[Repealed, 32 SR 1347]
**Subp. 17.**
[Repealed, 13 SR 2752; 32 SR 1347]
**Subp. 17a.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 17b.**
[Repealed, 32 SR 1347]
**Subp. 18.**
[Repealed, 32 SR 1347]
**Subp. 18a.**
[Repealed, 32 SR 1347]
**Subp. 18b.**
[Repealed, 32 SR 1347]
**Subp. 19.**
[Repealed, 32 SR 1347]
**Subp. 19a.**
[Repealed, 32 SR 1347]
**Subp. 19b.**
[Repealed, 32 SR 1347]
**Subp. 19c.**
[Repealed, 32 SR 1347]
**Subp. 20.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 21.**
[Repealed, 32 SR 1347]
**Subp. 21a.**
[Repealed, 32 SR 1347]
**Subp. 21b.**
[Repealed, 32 SR 1347]
**Subp. 21c.**
[Repealed, 32 SR 1347]
**Subp. 21d.**
[Repealed, 32 SR 1347]
**Subp. 22.**
[Repealed, 13 SR 2752; 32 SR 1347]
**Subp. 22a.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 22b.**
[Repealed, 32 SR 1347]
**Subp. 22c.**
[Repealed, 32 SR 1347]
**Subp. 22d.**
[Repealed, 32 SR 1347]
**Subp. 22e.**
[Repealed, 32 SR 1347]
**Subp. 22f.**
[Repealed, 32 SR 1347]
**Subp. 22g.**
[Repealed, 32 SR 1347]
**Subp. 22h.**
[Repealed, 32 SR 1347]
**Subp. 22i.**
[Repealed, 32 SR 1347]
**Subp. 23.**
[Repealed, 32 SR 1347]
**Subp. 24.**
[Repealed, 32 SR 1347]
**Subp. 24a.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 24b.**
[Repealed, 32 SR 1347]
**Subp. 24c.**
[Repealed, L 2001 1Sp2 s 162; 32 SR 1347]
**Subp. 24d.**
[Repealed, 32 SR 1347]
**Subp. 24e.**
[Repealed, 32 SR 1347]
**Subp. 24f.**
[Repealed, 32 SR 1347]
**Subp. 25.**
[Repealed, 32 SR 1347]
**Subp. 25a.**
[Repealed, 32 SR 1347]
**Subp. 25b.**
[Repealed, 32 SR 1347]
**Subp. 25c.**
[Repealed, 32 SR 1347]
**Subp. 26.**
[Repealed, 32 SR 1347]
**Subp. 26a.**
[Repealed, 32 SR 1347]
**Subp. 26b.**
[Repealed, 32 SR 1347]
**Subp. 26c.**
[Repealed, 32 SR 1347]
**Subp. 27.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 28.**
[Repealed, 32 SR 1347]
**Subp. 28a.**
[Repealed, 32 SR 1347]
**Subp. 28b.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 28c.**
[Repealed, 32 SR 1347]
**Subp. 28d.**
[Repealed, 32 SR 1347]
**Subp. 28e.**
[Repealed, 32 SR 1347]
**Subp. 28f.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 28g.**
[Repealed, 32 SR 1347]
**Subp. 29.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 29a.**
[Repealed, 32 SR 1347]
**Subp. 29b.**
[Repealed, 32 SR 1347]
**Subp. 29c.**
[Repealed, 32 SR 1347]
**Subp. 30.**
[Repealed, 32 SR 1347]
**Subp. 31.**
[Repealed, 32 SR 1347]
**Subp. 31a.**
[Repealed, 32 SR 1347]
**Subp. 31b.**
[Repealed, 32 SR 1347]
**Subp. 32.**
[Repealed, 32 SR 1347]
**Subp. 33.**
[Repealed, 32 SR 1347]
**Subp. 34.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 35.**
[Repealed, 32 SR 1347]
**Subp. 36.**
[Repealed, 32 SR 1347]
**Subp. 37.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 38.**
[Repealed, 32 SR 1347]
**Subp. 39.**
[Repealed, 32 SR 1347]
**Subp. 40.**
[Repealed, 32 SR 1347]
**Subp. 41.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 42.**
[Repealed, 32 SR 1347]
**Subp. 43.**
[Repealed, 32 SR 1347]
**Subp. 44.**
[Repealed, 32 SR 1347]
**Subp. 45.**
[Repealed, 32 SR 1347]
**Subp. 45a.**
[Repealed, 32 SR 1347]
**Subp. 45b.**
[Repealed, 32 SR 1347]
**Subp. 45c.**
[Repealed, 32 SR 1347]
**Subp. 46.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 46a.**
[Repealed, 32 SR 1347]
**Subp. 46b.**
[Repealed, 32 SR 1347]
**Subp. 47.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 48.**
[Repealed, 32 SR 1347]
**Subp. 48a.**
[Repealed, 32 SR 1347]
**Subp. 48b.**
[Repealed, 32 SR 1347]
**Subp. 48c.**
[Repealed, 32 SR 1347]
**Subp. 48d.**
[Repealed, 32 SR 1347]
**Subp. 49.**
[Repealed, 32 SR 1347]
**Subp. 49a.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 49b.**
[Repealed, 32 SR 1347]
**Subp. 50.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 51.**
[Repealed, 13 SR 2752; 32 SR 1347]
**Subp. 51a.**
[Repealed, L 2001 1Sp2 s 162; 32 SR 1347]
**Subp. 52.**
[Repealed, 32 SR 1347]
**Subp. 53.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 54.**
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0025** [Repealed, 32 SR 1347] {#sec-7080.0025 omnilex-key=us-mn-regs-official--agency-167--7080.0025}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0030** Repealed by subpart {#sec-7080.0030 omnilex-key=us-mn-regs-official--agency-167--7080.0030}
**Subpart 1.**
[Repealed, 32 SR 1347]
**Subp. 1a.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 3.**
[Repealed, 32 SR 1347]
**Subp. 4.**
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0040** [Repealed, 20 SR 1995] {#sec-7080.0040 omnilex-key=us-mn-regs-official--agency-167--7080.0040}
[Repealed, 20 SR 1995]
##### **Minn. R. 7080.0050** [Repealed, 20 SR 1995] {#sec-7080.0050 omnilex-key=us-mn-regs-official--agency-167--7080.0050}
[Repealed, 20 SR 1995]
##### **Minn. R. 7080.0060** Repealed by subpart {#sec-7080.0060 omnilex-key=us-mn-regs-official--agency-167--7080.0060}
**Subpart 1.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 32 SR 1347]
**Subp. 3.**
[Repealed, 32 SR 1347]
**Subp. 4.**
[Repealed, 24 SR 426; 32 SR 1347]
##### **Minn. R. 7080.0065** [Repealed, 32 SR 1347] {#sec-7080.0065 omnilex-key=us-mn-regs-official--agency-167--7080.0065}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0070** [Repealed, 20 SR 1995] {#sec-7080.0070 omnilex-key=us-mn-regs-official--agency-167--7080.0070}
[Repealed, 20 SR 1995]
##### **Minn. R. 7080.0080** [Repealed, 20 SR 1995] {#sec-7080.0080 omnilex-key=us-mn-regs-official--agency-167--7080.0080}
[Repealed, 20 SR 1995]
##### **Minn. R. 7080.0090** [Repealed, 20 SR 1995] {#sec-7080.0090 omnilex-key=us-mn-regs-official--agency-167--7080.0090}
[Repealed, 20 SR 1995]
##### **Minn. R. 7080.0100** [Repealed, 20 SR 1995] {#sec-7080.0100 omnilex-key=us-mn-regs-official--agency-167--7080.0100}
[Repealed, 20 SR 1995]
##### **Minn. R. 7080.0110** Repealed by subpart {#sec-7080.0110 omnilex-key=us-mn-regs-official--agency-167--7080.0110}
**Subpart 1.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 1a.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 2a.**
[Repealed, 32 SR 1347]
**Subp. 3.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 4.**
[Repealed, 32 SR 1347]
**Subp. 5.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 5a.**
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0115** [Repealed, 32 SR 1347] {#sec-7080.0115 omnilex-key=us-mn-regs-official--agency-167--7080.0115}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0120** Repealed by subpart {#sec-7080.0120 omnilex-key=us-mn-regs-official--agency-167--7080.0120}
**Subpart 1.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 20 SR 1995; 32 SR 1347]
##### **Minn. R. 7080.0125** Repealed by subpart {#sec-7080.0125 omnilex-key=us-mn-regs-official--agency-167--7080.0125}
**Subpart 1.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 32 SR 1347]
**Subp. 3.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 4.**
[Repealed, 24 SR 426; 32 SR 1347]
##### **Minn. R. 7080.0130** Repealed by subpart {#sec-7080.0130 omnilex-key=us-mn-regs-official--agency-167--7080.0130}
**Subpart 1.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 32 SR 1347]
**Subp. 3.**
[Repealed, 32 SR 1347]
**Subp. 4.**
[Repealed, 32 SR 1347]
**Subp. 5.**
[Repealed, 20 SR 1995; 32 SR 1347]
**Subp. 6.**
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0150** [Repealed, 32 SR 1347] {#sec-7080.0150 omnilex-key=us-mn-regs-official--agency-167--7080.0150}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0160** [Repealed, 32 SR 1347] {#sec-7080.0160 omnilex-key=us-mn-regs-official--agency-167--7080.0160}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0170** [Repealed, 32 SR 1347] {#sec-7080.0170 omnilex-key=us-mn-regs-official--agency-167--7080.0170}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0172** [Repealed, 32 SR 1347] {#sec-7080.0172 omnilex-key=us-mn-regs-official--agency-167--7080.0172}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0175** [Repealed, 32 SR 1347] {#sec-7080.0175 omnilex-key=us-mn-regs-official--agency-167--7080.0175}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0176** [Repealed, 32 SR 1347] {#sec-7080.0176 omnilex-key=us-mn-regs-official--agency-167--7080.0176}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0178** [Repealed, 32 SR 1347] {#sec-7080.0178 omnilex-key=us-mn-regs-official--agency-167--7080.0178}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0179** [Repealed, 32 SR 1347] {#sec-7080.0179 omnilex-key=us-mn-regs-official--agency-167--7080.0179}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0180** [Repealed, 20 SR 1995] {#sec-7080.0180 omnilex-key=us-mn-regs-official--agency-167--7080.0180}
[Repealed, 20 SR 1995]
##### **Minn. R. 7080.0190** [Repealed, 24 SR 426] {#sec-7080.0190 omnilex-key=us-mn-regs-official--agency-167--7080.0190}
[Repealed, 24 SR 426]
##### **Minn. R. 7080.0200** [Repealed, 20 SR 1995] {#sec-7080.0200 omnilex-key=us-mn-regs-official--agency-167--7080.0200}
[Repealed, 20 SR 1995]
##### **Minn. R. 7080.0210** [Repealed, 20 SR 1995] {#sec-7080.0210 omnilex-key=us-mn-regs-official--agency-167--7080.0210}
[Repealed, 20 SR 1995]
##### **Minn. R. 7080.0220** [Repealed, 13 SR 2752] {#sec-7080.0220 omnilex-key=us-mn-regs-official--agency-167--7080.0220}
[Repealed, 13 SR 2752]
##### **Minn. R. 7080.0230** [Repealed, 13 SR 2752] {#sec-7080.0230 omnilex-key=us-mn-regs-official--agency-167--7080.0230}
[Repealed, 13 SR 2752]
##### **Minn. R. 7080.0240** [Repealed, 13 SR 2752] {#sec-7080.0240 omnilex-key=us-mn-regs-official--agency-167--7080.0240}
[Repealed, 13 SR 2752]
##### **Minn. R. 7080.0300** [Repealed, 24 SR 426] {#sec-7080.0300 omnilex-key=us-mn-regs-official--agency-167--7080.0300}
[Repealed, 24 SR 426]
##### **Minn. R. 7080.0305** Repealed by subpart {#sec-7080.0305 omnilex-key=us-mn-regs-official--agency-167--7080.0305}
**Subpart 1.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 32 SR 1347]
**Subp. 3.**
[Repealed, 32 SR 1347]
**Subp. 4.**
[Repealed, 32 SR 1347]
**Subp. 5.**
[Repealed, 32 SR 1347]
**Subp. 6.**
[Repealed, 32 SR 1347]
**Subp. 7.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 8.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 9.**
[Repealed, 32 SR 1347]
**Subp. 10.**
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0310** [Repealed, 32 SR 1347] {#sec-7080.0310 omnilex-key=us-mn-regs-official--agency-167--7080.0310}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0315** [Repealed, 32 SR 1347] {#sec-7080.0315 omnilex-key=us-mn-regs-official--agency-167--7080.0315}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0350** [Repealed, 24 SR 426] {#sec-7080.0350 omnilex-key=us-mn-regs-official--agency-167--7080.0350}
[Repealed, 24 SR 426]
##### **Minn. R. 7080.0400** [Repealed, L 2001 1Sp2 s 162] {#sec-7080.0400 omnilex-key=us-mn-regs-official--agency-167--7080.0400}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7080.0450** [Repealed, L 2001 1Sp2 s 162] {#sec-7080.0450 omnilex-key=us-mn-regs-official--agency-167--7080.0450}
[Repealed, L 2001 1Sp2 s 162]
##### **Minn. R. 7080.0600** [Repealed, 32 SR 1347] {#sec-7080.0600 omnilex-key=us-mn-regs-official--agency-167--7080.0600}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0700** [Repealed, 32 SR 1347] {#sec-7080.0700 omnilex-key=us-mn-regs-official--agency-167--7080.0700}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0705** [Repealed, 32 SR 1347] {#sec-7080.0705 omnilex-key=us-mn-regs-official--agency-167--7080.0705}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0710** [Repealed, 32 SR 1347] {#sec-7080.0710 omnilex-key=us-mn-regs-official--agency-167--7080.0710}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0715** [Repealed, 32 SR 1347] {#sec-7080.0715 omnilex-key=us-mn-regs-official--agency-167--7080.0715}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0720** [Repealed, 32 SR 1347] {#sec-7080.0720 omnilex-key=us-mn-regs-official--agency-167--7080.0720}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0800** [Repealed, 32 SR 1347] {#sec-7080.0800 omnilex-key=us-mn-regs-official--agency-167--7080.0800}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0805** [Repealed, 32 SR 1347] {#sec-7080.0805 omnilex-key=us-mn-regs-official--agency-167--7080.0805}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0810** [Repealed, 32 SR 1347] {#sec-7080.0810 omnilex-key=us-mn-regs-official--agency-167--7080.0810}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0815** [Repealed, 32 SR 1347] {#sec-7080.0815 omnilex-key=us-mn-regs-official--agency-167--7080.0815}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0820** Repealed by subpart {#sec-7080.0820 omnilex-key=us-mn-regs-official--agency-167--7080.0820}
**Subpart 1.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 32 SR 1347]
**Subp. 3.**
[Repealed, 24 SR 426; 32 SR 1347]
##### **Minn. R. 7080.0830** [Repealed, 32 SR 1347] {#sec-7080.0830 omnilex-key=us-mn-regs-official--agency-167--7080.0830}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0850** [Repealed, 32 SR 1347] {#sec-7080.0850 omnilex-key=us-mn-regs-official--agency-167--7080.0850}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0855** Repealed by subpart {#sec-7080.0855 omnilex-key=us-mn-regs-official--agency-167--7080.0855}
**Subpart 1.**
[Repealed, 32 SR 1347]
**Subp. 2.**
[Repealed, 24 SR 426; 32 SR 1347]
**Subp. 3.**
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0860** [Repealed, 32 SR 1347] {#sec-7080.0860 omnilex-key=us-mn-regs-official--agency-167--7080.0860}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0900** [Repealed, 32 SR 1347] {#sec-7080.0900 omnilex-key=us-mn-regs-official--agency-167--7080.0900}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0910** [Repealed, 24 SR 426] {#sec-7080.0910 omnilex-key=us-mn-regs-official--agency-167--7080.0910}
[Repealed, 24 SR 426]
##### **Minn. R. 7080.0920** [Repealed, 32 SR 1347] {#sec-7080.0920 omnilex-key=us-mn-regs-official--agency-167--7080.0920}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.0950** [Repealed, 32 SR 1347] {#sec-7080.0950 omnilex-key=us-mn-regs-official--agency-167--7080.0950}
[Repealed, 32 SR 1347]
##### **Minn. R. 7080.1050** Purpose and Intent {#sec-7080.1050 omnilex-key=us-mn-regs-official--agency-167--7080.1050}
The proper location, design, installation, use, and maintenance of an individual subsurface sewage treatment system (ISTS) protects the public health, safety, and general welfare by the discharge of adequately treated sewage to the groundwater. In accordance with the authority granted in Minnesota Statutes, chapters 103F, 103G, 115, and 116, the Pollution Control Agency provides minimum environmental protection standards for ISTS as defined in this chapter. These environmental protection standards shall be adopted countywide and administered and enforced by local units of government as directed by chapter 7082 and Minnesota Statutes, section 115.55.
This chapter regulates all ISTS as defined in this chapter. This chapter does not regulate systems that do not receive sewage as defined in this chapter. If systems receive both sewage and nonsewage, the requirements of this chapter apply, plus any additional requirements governing the nonsewage portion of the wastewater. Systems serving two or more dwellings, systems serving other establishments that serve over 20 persons, and systems receiving nonsewage are also regulated under Code of Federal Regulations, title 40, parts 144 and 146.
This chapter does not regulate systems that discharge to the ground surface or surface waters. Those systems require a national pollution discharge elimination system permit.
In addition, this chapter provides prescriptive design, construction, and operational standards to reasonably protect surface water and groundwater and promote public health, safety, and general welfare. This chapter also provides public health and environmental outcomes as a basis for a custom-designed system. Technology and products employed in system design shall adequately protect the public health and the environment as determined by chapter 7083 and be approved for use by the local unit of government.
In conjunction with these standards, the agency encourages the use of advanced treatment methods and waste reduction to further reduce the discharge of contaminants.
Companion to this chapter are standards for midsized ISTS, chapter 7081; administrative requirements for local ordinances, permit, and inspection programs, chapter 7082; and certification and licensing requirements for those who design, install, inspect, manage, or maintain ISTS, chapter 7083.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1100** Definitions {#sec-7080.1100 omnilex-key=us-mn-regs-official--agency-167--7080.1100}
**Subpart 1. Certain terms.**
In addition to the definitions in chapters 7081, 7082, and 7083, which are incorporated in this part, and Minnesota Statutes, section 115.55, the following terms have the meanings given them. For the purposes of this chapter, if a term used in this chapter is defined in chapter 7081, 7082, or 7083 it shall apply to other SSTS if referenced in later chapters. For the purposes of these standards, certain terms or words used are interpreted as follows: the words "shall" and "must" are mandatory and the words "should" and "may" are permissive. All distances specified in this chapter are horizontal distances unless otherwise specified.
**Subp. 2. Absorption area.**
"Absorption area" means the design parameter that is associated with the hydraulic acceptance of effluent. The absorption area for mound systems is the original soil below a mound system that is designed to absorb sewage tank effluent. The absorption area for trenches, seepage beds, and at-grade systems is the soil area in contact with the part of the distribution medium that is designed and loaded to allow absorption of sewage tank effluent. This includes both bottom and sidewall soil contact areas.
**Subp. 3. Agency.**
"Agency" means the Pollution Control Agency.
**Subp. 4. Alarm device.**
"Alarm device" means a device that alerts a system operator or system owner of a component's status using a visual or audible device. An alarm device can be either on site or remotely located.
**Subp. 5. Applicable requirements.**
"Applicable requirements" means:
A. local ISTS ordinances that comply with parts 7080.2150, subpart 2, and 7081.0080, subparts 1 to 5; chapter 7082; and Minnesota Statutes, section 115.55; or
B. in areas without complying ordinances to regulate ISTS, the requirements of this chapter.
**Subp. 6. At-grade system.**
"At-grade system" means a pressurized soil treatment and dispersal system where sewage tank effluent is dosed to an absorption bed that is constructed directly on original soil at the ground surface and covered by loamy soil materials.
**Subp. 7. Baffle.**
"Baffle" means a device installed in a septic tank to retain solids and includes, but is not limited to, vented sanitary tees with submerged pipes and effluent screens.
**Subp. 8. Bedrock.**
"Bedrock" means geologic layers, of which greater than 50 percent by volume consist of unweathered in-place consolidated rock or rock fragments. Bedrock also means weathered in-place rock which cannot be hand augered or penetrated with a knife blade in a soil pit.
**Subp. 9. Bedroom.**
"Bedroom" means, for the sole purpose of estimating design flows from dwellings, an area that is:
A. a room designed or used for sleeping; or
B. a room or area of a dwelling that has a minimum floor area of 70 square feet with access gained from the living area or living area hallway. Architectural features that affect the use as a bedroom under this item may be considered in making the bedroom determination.
**Subp. 10. Biochemical oxygen demand or BOD.**
"Biochemical oxygen demand" or "BOD" means the measure of the amount of oxygen required by bacteria while stabilizing, digesting, or treating biodegradable organic matter under aerobic conditions over a five-day incubation period, commonly expressed in milligrams per liter (mg/l).
**Subp. 11.**
[Repealed, 35 SR 1353]
**Subp. 11a. Building sewer.**
"Building sewer" has the meaning given in the Minnesota Plumbing Code, chapter 4714.
**Subp. 11b. Building sewer connected to a subsurface sewage treatment system.**
"Building sewer connected to a subsurface sewage treatment system" has the meaning given in Minnesota Statutes, section 115.55, subdivision 1.
**Subp. 12. Carbonaceous biochemical oxygen demand or CBOD5.**
"Carbonaceous biochemical oxygen demand" or "CBOD5" means the measure of the amount of oxygen required by bacteria while stabilizing, digesting, or treating the organic matter under aerobic conditions over a five-day incubation period while in the presence of a chemical inhibitor to block nitrification. CBOD is commonly expressed in milligrams per liter (mg/l).
**Subp. 13. Certificate of compliance.**
"Certificate of compliance" means a document, written after a compliance inspection, certifying that a system is in compliance with applicable requirements at the time of the inspection.
**Subp. 14. Certified statement.**
"Certified statement" means a statement signed by a certified individual, apprentice, or qualified employee under chapter 7083 certifying that the licensed business or qualified employee completed work in accordance with applicable requirements.
**Subp. 15. Cesspool.**
"Cesspool" means an underground pit, receptacle, or seepage tank that receives sewage directly from a building sewer and leaches sewage into the surrounding soil, bedrock, or other soil materials. Cesspools include sewage tanks that were designed to be watertight, but subsequently leak below the designed operating depth.
**Subp. 16. Clean sand.**
"Clean sand" means a soil fill material required to be used in mounds. The standards for clean sand are outlined in part 7080.2220, subpart 3, item C.
**Subp. 17. Commissioner.**
"Commissioner" means the commissioner of the Pollution Control Agency.
**Subp. 18. Compliance inspection.**
"Compliance inspection" means an evaluation, investigation, inspection, or other such process for the purpose of issuing a certificate of compliance or notice of noncompliance.
**Subp. 18a. Contour loading rate.**
"Contour loading rate" means the amount of effluent loaded to the soil per the length of the dispersal unit or units along the single hillslope along the contour. The contour loading rate is determined on the relationship between the vertical and horizontal water movement in the soil and is based on the permeability difference between the absorption area and any deeper horizons, the depth between the absorption area and the change in permeability, and the land slope.
**Subp. 19. Distinct.**
"Distinct" means a soil color that is not faint as described in subpart 29.
**Subp. 20. Distribution box.**
"Distribution box" means a device intended to distribute sewage tank effluent concurrently and equally by gravity to multiple segments of a soil dispersal system.
**Subp. 21. Distribution device.**
"Distribution device" means a device used to receive and transfer effluent from supply pipes to distribution pipes or downslope supply pipes, or both. These devices include, but are not limited to, drop boxes, valve boxes, distribution boxes, or manifolds.
**Subp. 22. Distribution medium.**
"Distribution medium" means the material used to provide void space in a dispersal component, through which effluent flows and is stored prior to infiltration. Distribution media includes, but is not limited to, drainfield rock, polystyrene beads, chambers, and gravelless pipe.
**Subp. 23. Distribution pipes.**
"Distribution pipes" means perforated pipes that distribute effluent within a distribution medium.
**Subp. 24. Drop box.**
"Drop box" means a distribution device used for the serial gravity application of sewage tank effluent to a soil dispersal system.
**Subp. 25. Dwelling.**
"Dwelling" means any building with provision for living, sanitary, and sleeping facilities.
**Subp. 26. Effluent screen.**
"Effluent screen" means a device installed on the outlet piping of a septic tank for the purpose of retaining solids of a specific size.
**Subp. 27. EPA.**
"EPA" means the United States Environmental Protection Agency.
**Subp. 28. Existing systems.**
"Existing systems" means systems that have been previously inspected and approved by the local unit of government during installation. In addition, all operating systems installed before the adoption of a local permitting and inspection program are considered existing systems.
**Subp. 29. Faint.**
"Faint" means a soil color:
A. with the same hue as another soil color but that varies from the other color by two or less units of value and not more than one unit of chroma;
B. that differs from another soil color by one hue and by one or less units of value and not more than one unit of chroma; or
C. that differs from another soil color by two units of hue with the same value and chroma.
**Subp. 30. Fecal coliform or FC.**
"Fecal coliform" or "FC," for purposes of this chapter, means bacteria common to the digestive systems of humans that are cultured in standard tests. Counts of these organisms are typically used to indicate potential contamination from sewage or to describe a level of disinfection, generally expressed in colonies per 100 mL.
**Subp. 31. Fine sand.**
"Fine sand" means a sand soil texture, as described in the Field Book for Describing and Sampling Soils, which is incorporated by reference in subpart 36, where more than 50 percent of the sand has a particle size range of 0.05 millimeters, sieve size 270, to 0.25 millimeters, sieve size 60.
**Subp. 32. Flood fringe.**
"Flood fringe" means that portion of the floodplain outside the floodway. Flood fringe is synonymous with the term "floodway fringe" used in flood insurance studies.
**Subp. 33. Floodplain.**
"Floodplain" means the area covered by a 100-year flood event along lakes, rivers, and streams as published in technical studies by local, state, and federal agencies, or in the absence of these studies, estimates of the 100-year flood boundaries and elevations as developed according to a local unit of government's floodplain or related land use regulations.
**Subp. 34. Floodway.**
"Floodway" means the bed of a wetland or lake, the channel of a watercourse, and those portions of the adjoining floodplain that are reasonably required to carry the regional flood discharge.
**Subp. 35. Flow measurement.**
"Flow measurement" means any method to accurately measure water or sewage flow, including, but not limited to, water meters, event counters, running time clocks, or electronically controlled dosing.
**Subp. 36. Geomorphic description.**
"Geomorphic description" means the identification of the landscape, landform, and surface morphometry of the proposed area of the soil treatment and dispersal system as described in the Field Book for Describing and Sampling Soils: Version 2.0 (2002), developed by the National Soil Survey Center and Natural Resources Conservation Service of the United States Department of Agriculture. The field book is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system.
**Subp. 37. Gray water.**
"Gray water" means sewage that does not contain toilet wastes.
**Subp. 38. Gray water system.**
"Gray water system" means a system that receives, treats, and disperses only gray water or other similar system as designated by the commissioner.
**Subp. 39. Hazardous waste.**
"Hazardous waste" means any substance that, when discarded, meets the definition of hazardous waste in Minnesota Statutes, section 116.06, subdivision 11.
**Subp. 40. Holding tank.**
"Holding tank" means a tank for storage of sewage until it can be transported to a point of treatment and dispersal. Holding tanks are considered a septic system tank under Minnesota Statutes, section 115.55.
**Subp. 41. Individual subsurface sewage treatment system or ISTS.**
"Individual subsurface sewage treatment system" or "ISTS" means a subsurface sewage treatment system or part thereof, as set forth in Minnesota Statutes, sections 115.03 and 115.55, that employs sewage tanks or other treatment devices with final discharge into the soil below the natural soil elevation or elevated final grade that are designed to receive a sewage design flow of 5,000 gallons per day or less.
ISTS also includes all holding tanks that are designed to receive a design flow of 10,000 gallons per day or less; sewage collection systems and associated tanks that discharge into ISTS treatment and dispersal components; and privies. ISTS does not include those components defined as plumbing under the Minnesota Plumbing Code, chapter 4714, except for a building sewer connected to a subsurface sewage treatment system.
**Subp. 42. Inner wellhead management zone.**
"Inner wellhead management zone" means the drinking water supply management area for a public water supply well that does not have a delineated wellhead protection area approved by the Department of Health under part 4720.5330.
**Subp. 43. Invert.**
"Invert" means the lowest point of a channel inside a pipe.
**Subp. 44. Liquid capacity.**
"Liquid capacity" means the liquid volume of a sewage tank below the invert of the outlet pipe or, for holding tanks and pump tanks, the liquid volume below the invert of the inlet.
**Subp. 45. Lot.**
"Lot" means a parcel of land in a plat recorded in the office of the county recorder or registrar of titles or a parcel of land created and conveyed, using a specific legal description, for a building site to be served by an ISTS.
**Subp. 46. Management plan.**
"Management plan" means a plan that requires the periodic examination, adjustment, testing, and other operational requirements to meet system performance expectations, including a planned course of action in the event a system does not meet performance expectations.
**Subp. 47. Matrix.**
"Matrix" means the majority of the color in a soil horizon, as described in the Field Book for Describing and Sampling Soils, which is incorporated by reference in subpart 36.
**Subp. 48.**
[Repealed, 35 SR 1353]
**Subp. 49. Mottles.**
"Mottles" means the minority of the variegated colors in a soil horizon, as described in the Field Book for Describing and Sampling Soils, which is incorporated by reference in subpart 36.
**Subp. 50. Mound system.**
"Mound system" means a soil treatment and dispersal system designed and installed such that all of the infiltrative surface is installed above grade, using clean sand between the bottom of the infiltrative surface and the original ground elevation, utilizing pressure distribution and capped with suitable soil material to stabilize the surface and encourage vegetative growth.
**Subp. 51. New construction.**
"New construction" means installing or constructing a new ISTS or altering, extending, or adding capacity to a system that has been issued an initial certificate of compliance.
**Subp. 52. Notice of noncompliance.**
"Notice of noncompliance" means a document written and signed by a certified inspector after a compliance inspection that gives notice that an ISTS is not in compliance as specified under part 7080.1500.
**Subp. 53. Ordinary high water level.**
"Ordinary high water level" of surface water has the meaning given in Minnesota Statutes, section 103G.005, subdivision 14.
**Subp. 54. Original soil.**
"Original soil" means naturally occurring soil that has not been cut, filled, moved, smeared, compacted, altered, or manipulated to the degree that the loading rate must be reduced from that associated with natural soil conditions.
**Subp. 55. Other pit.**
"Other pit" means any pit or other device designed to leach sewage effluent that is greater than 30 inches in height or has a bottom area loading rate of sewage greater than two gallons per square feet per day.
**Subp. 56. Owner.**
"Owner" means any person having possession of, control over, or title to property with an ISTS.
**Subp. 57. Parent material.**
"Parent material" means the unconsolidated and chemically weathered geologic mineral or organic matter from which soils are developed by soil forming processes.
**Subp. 58. Percolation rate.**
"Percolation rate" means the rate of a drop of water infiltrating into a test hole as specified in part 7080.1720, subpart 6, item B.
**Subp. 59. Periodically saturated soil.**
"Periodically saturated soil" means the highest elevation in the soil that is in a reduced chemical state due to soil pores filled or nearly filled with water causing anaerobic conditions. Periodically saturated soil is determined by the presence of redoximorphic features in conjunction with other established indicators as specified in part 7080.1720, subpart 5, items E and F, or determined by other scientifically established technical methods or empirical field measurements acceptable to the permitting authority in consultation with the commissioner.
**Subp. 60. Plastic limit.**
"Plastic limit" means a soil moisture content above which manipulation will cause compaction or smearing. The plastic limit can be measured by American Society for Testing and Materials, Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils, ASTM D4318 (2005). The standard is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.
**Subp. 60a. Plumbing program administrative authority.**
"Plumbing program administrative authority" means the commissioner of labor and industry or the governing body of the adopting unit of government, its agents, and its employees according to the Minnesota Plumbing Code, chapter 4714.
**Subp. 61. Pressure distribution.**
"Pressure distribution" means a network of distribution pipes in which effluent is forced through orifices under pressure.
**Subp. 62. Privy.**
"Privy" means an aboveground structure with an underground cavity meeting the requirements of part 7080.2280 that is used for the storage or treatment and dispersal of toilet wastes, excluding water for flushing and gray water. A privy also means a nondwelling structure containing a toilet waste treatment device.
**Subp. 63. Public waters.**
"Public waters" means any public waters or wetlands defined in Minnesota Statutes, section 103G.005, subdivision 15, or identified as public waters or wetlands by the inventory prepared according to Minnesota Statutes, section 103G.201.
**Subp. 64. Pump tank.**
"Pump tank" means a sewage tank or separate compartment within a sewage tank, which receives sewage tank effluent, that serves as a reservoir for a pump. A separate tank used as a pump tank is considered a septic system tank under Minnesota Statutes, section 115.55, subdivision 1, paragraph (p).
**Subp. 65. Redoximorphic features.**
"Redoximorphic features" means:
A. a color pattern in soil, formed by oxidation and reduction of iron or manganese in saturated soil coupled with their removal, translocation, or accrual, which results in the loss (depletion) or gain (concentration) of mineral compounds compared to the matrix color; or
B. a soil matrix color controlled by the presence of ferrous iron. Redoximorphic features are described in part 7080.1720, subpart 5, item E.
**Subp. 66. Replacement.**
"Replacement" means the removal or discontinued use of any major portion of an ISTS and reinstallation of that portion of the system, such as reinstallation of a new sewage tank, holding tank, dosing chamber, privy, or soil dispersal system.
**Subp. 66a. Rock fragments.**
"Rock fragments" means pieces of rock greater than two millimeters in diameter that are strongly cemented and resistant to rupture. Rock fragments are commonly known as gravel, stones, cobbles, and boulders.
**Subp. 66b. Sand.**
"Sand" means a sand soil texture, as described in the Soil Survey Manual (1993) developed by the Natural Resource Conservation Service, United States Department of Agriculture. The manual is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system.
**Subp. 67. Seepage bed.**
"Seepage bed" means a soil treatment and dispersal system, the absorption width of which is greater than three feet but no greater than 25 feet.
**Subp. 68. Seepage pit.**
"Seepage pit" means an underground pit that receives sewage tank effluent and from which the liquid seeps into the surrounding soil and that meets the design requirements in part 7080.2550.
**Subp. 69. Septage.**
"Septage" means solids and liquids removed from an SSTS and includes solids and liquids from cesspools, seepage pits, other pits, or similar systems or devices that receive sewage. Septage also includes solids and liquids that are removed from portable, incinerating, composting, holding, or other toilets. Waste from Type III marine sanitation devices, as defined in Code of Federal Regulations, title 33, section 159.3, and material that has come into contact with untreated sewage within the past 12 months is also considered septage.
**Subp. 70. Septic tank.**
"Septic tank" means any watertight, covered receptacle that is designed and constructed to receive the discharge of sewage from a building sewer or preceding tank, stores liquids for a detention period that provides separation of solids from liquid and digestion of organic matter, and allows the effluent to discharge to a succeeding tank, treatment device, or soil dispersal system.
**Subp. 71. Serial distribution.**
"Serial distribution" means distribution of sewage tank effluent by gravity flow that progressively loads one section of a soil treatment and dispersal system to a predetermined level before overflowing to the succeeding section and does not place a dynamic head on the lower section of the soil treatment and dispersal system. The distribution medium is allowed to serve as a conveyance medium to the next section.
**Subp. 72. Setback.**
"Setback" means a separation distance measured horizontally.
**Subp. 73. Sewage.**
"Sewage" means waste produced by toilets, bathing, laundry, or culinary operations or the floor drains associated with these sources, and includes household cleaners, medications, and other constituents in sewage restricted to amounts normally used for domestic purposes.
**Subp. 74. Sewage tank.**
"Sewage tank" means a receptacle used in the containment or treatment of sewage and includes, but is not limited to, septic tanks, aerobic tanks, pump tanks, and holding tanks. Requirements for sewage tanks are described in parts 7080.1900 to 7080.2030. Sewage tanks are considered a septic system tank in Minnesota Statutes, section 115.55, subdivision 1, paragraph (p).
**Subp. 75. Sewage tank effluent.**
"Sewage tank effluent" means the liquid that flows from a septic tank or other treatment device.
**Subp. 76. Site.**
"Site" means the area required for the proper location of the ISTS.
**Subp. 77. Slope.**
"Slope" means the vertical rise or fall divided by the horizontal distance, expressed as a percentage.
**Subp. 78. Soil dispersal area.**
"Soil dispersal area" means the area required for the soil dispersal system, including spacing between individual units or zones.
**Subp. 79. Soil dispersal system.**
"Soil dispersal system" means a system where sewage effluent is dispersed into the soil for treatment by absorption and filtration and includes, but is not limited to, trenches, seepage beds, at-grade systems, mound systems, and drip dispersal systems.
**Subp. 80. Soil texture.**
"Soil texture" means the soil particle size classification and particle size distribution as specified in the Field Book for Describing and Sampling Soils, incorporated by reference in subpart 36.
**Subp. 80a. Structure.**
"Structure" means a constructed lot improvement that is intended or used for human occupancy or that is determined by the local unit of government to:
A. interfere with the construction, operation, or maintenance of an SSTS; or
B. be interfered with by the construction, operation, or maintenance of an SSTS.
**Subp. 81. Subsoil.**
"Subsoil" means a soil layer that has a moist color value of 3.5 or greater and has undergone weathering and soil formation processes.
**Subp. 82. Subsurface sewage treatment system or SSTS.**
"Subsurface sewage treatment system" or "SSTS" is either an individual subsurface sewage treatment system as defined in subpart 41 or a midsized subsurface sewage treatment system as defined in part 7081.0020, subpart 4, as applicable.
**Subp. 83. Supply pipe.**
"Supply pipe" means a nonperforated pipe, the purpose of which is to transport sewage tank effluent.
**Subp. 84. Systems in shoreland areas or wellhead protection areas or systems serving food, beverage, or lodging establishments or SWF.**
"Systems in shoreland areas or wellhead protection areas or systems serving food, beverage, or lodging establishments" or "SWF" means the following three categories of systems:
A. SSTS constructed in shoreland areas where land adjacent to public waters has been designated and delineated as shoreland by local ordinance as approved by the Department of Natural Resources;
B. SSTS constructed in wellhead protection areas regulated under Minnesota Statutes, chapter 103I; and
C. SSTS serving food, beverage, and lodging establishments that are required to obtain a license under Minnesota Statutes, section 157.16, subdivision 1, including manufactured home parks and recreational camping areas licensed according to Minnesota Statutes, chapter 327.
**Subp. 85. Toilet waste.**
"Toilet waste" means waste commonly disposed of in toilets, including fecal matter, urine, toilet paper, and water used for flushing.
**Subp. 86. Toilet waste treatment devices.**
"Toilet waste treatment devices" means other toilet waste apparatuses including incinerating, composting, biological, chemical, recirculating, or holding toilets or portable restrooms.
**Subp. 87. Topsoil.**
"Topsoil" means the natural, in-place organically enriched soil layer with a color value of less than 3.5.
**Subp. 88. Topsoil borrow.**
"Topsoil borrow" means a loamy soil material having:
A. less than five percent material larger than two millimeters, No. 10 sieve;
B. no material larger than 2.5 centimeters;
C. a moist color value of less than 3.5; and
D. adequate nutrients and pH to sustain healthy plant growth.
**Subp. 89. Trench.**
"Trench" means a soil treatment and dispersal system, the absorption width of which is 36 inches or less.
**Subp. 89a. Uniform distribution.**
"Uniform distribution" means a method that distributes effluent evenly over the entire absorption area of a component over both time and space.
**Subp. 90. Valve box.**
"Valve box" means a watertight structure designed for alternate distribution of sewage tank effluent to segments of a soil treatment system.
**Subp. 91. Vertical separation.**
"Vertical separation" means the vertical measurement of unsaturated soil or sand between the bottom of the distribution medium and the periodically saturated soil level or bedrock.
**Subp. 92. Watertight.**
"Watertight" means constructed so that no liquid can get into or out of a device except through designed inlets and outlets.
**Subp. 93. Wellhead protection area.**
"Wellhead protection area" means the surface and subsurface area surrounding a well or well field that supplies a public water system, through which contaminants are likely to move toward and reach the well or well field as regulated under chapter 4720. For the purposes of this chapter, wellhead protection area is that area bounded by the drinking water supply management area as regulated under chapter 4720.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1347; 35 SR 1353; 40 SR 689*
##### **Minn. R. 7080.1200** Administration of Design Standards {#sec-7080.1200 omnilex-key=us-mn-regs-official--agency-167--7080.1200}
**Subpart 1. Administrative scope.**
ISTS must be designed, constructed, and operated according to this chapter, except as modified through a local ordinance in compliance with chapter 7082 and Minnesota Statutes, section 115.55. ISTS must be designed, installed, inspected, pumped, serviced, and operated by licensed businesses meeting the qualifications in parts 7083.0070 to 7083.2040. ISTS must conform to all applicable state laws and rules.
**Subp. 2. Federal regulation.**
SSTS that are designed to receive sewage or nonsewage from a two-family dwelling or greater or receive sewage or nonsewage from another establishment that serves more than 20 persons per day, are regulated under Code of Federal Regulations, title 40, parts 144 and 146.
**Subp. 3. Variance procedures.**
The standards in this chapter are provided to be incorporated into a local ordinance according to chapter 7082 and Minnesota Statutes, section 115.55. Variance requests to the standards made by an owner or owner's agent must be issued or denied by the local unit of government. Local units of government shall not issue variances for part 7080.2150, subpart 2, items A to D.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1500** Compliance Criteria {#sec-7080.1500 omnilex-key=us-mn-regs-official--agency-167--7080.1500}
**Subpart 1. Treatment required.**
Sewage discharged from a dwelling, group of dwellings, or other establishment that is not served by a system issued a permit by the agency that contains effluent and discharge limits or specific monitoring requirements must be treated according to applicable requirements.
**Subp. 2. Hand-carried graywater.**
Graywater that originated from hand-carried water must not be discharged directly to surface waters, drainageways, or poorly drained soils; in a manner or volume harmful to the environment or public health; or in a manner that creates a public health nuisance as determined by the local unit of government.
**Subp. 3. Compliance criteria for new construction.**
An ISTS regulated under a current construction permit is considered compliant if it meets the applicable requirements of parts 7080.2150 to 7080.2400.
**Subp. 4. Compliance criteria for existing systems.**
To be in compliance, an existing ISTS must meet the provisions of this subpart.
A. The ISTS must be protective of public health and safety. A system that is not protective is considered an imminent threat to public health or safety. At a minimum, a system that is an imminent threat to public health or safety is a system with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches, or stormwater drains or directly to surface water; systems that cause a reoccurring sewage backup into a dwelling or other establishment; systems with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance hole covers. A determination of protectiveness for other conditions must be made by a qualified employee inspector or licensed inspection business.
B. The ISTS must be protective of groundwater. A system that is not protective is considered a system failing to protect groundwater. At a minimum, a system that is failing to protect groundwater is a system that is a seepage pit, cesspool, drywell, leaching pit, or other pit; a system with less than the required vertical separation distance described in items D and E; and a system not abandoned in accordance with part 7080.2500. A determination of the threat to groundwater quality for other conditions must be made by a qualified employee or licensed inspection business.
C. The ISTS must be operated, meet performance standards, and be managed according to its operating permit.
D. ISTS built after March 31, 1996, or in an SWF area as defined under part 7080.1100, subpart 84, must have at least a three-foot vertical separation or a vertical separation in compliance with part 7080.2350, subpart 2, Table XI. The local ordinance is allowed to provide for a reduced vertical separation for existing systems that were designed with at least a three-foot vertical separation distance. The local ordinance must not allow more than a 15 percent reduction in the vertical separation distance. A 15 percent reduction is only allowed to account for settling of sand or soil, normal variation of measurements, and interpretations of the limiting layer conditions.
E. ISTS built before April 1, 1996, in areas that are not SWF areas as defined under part 7080.1100, subpart 84, must have at least two feet of vertical separation.
F. The vertical separation measurement for items D and E must be measured outside the area of system influence in an area of similar soil.
**Subp. 5. Compliance criteria for systems with a flow of greater than 2,500 gallons per day.**
In addition to the requirements under subpart 4, systems designed under part 7080.2150, subpart 4, must demonstrate that the additional nutrient reduction component required under those items is in place and functioning.
**Subp. 6. Compliance criteria for systems receiving replacement components.**
Components of an existing system that result in the system being in noncompliance must be repaired or replaced according to part 7082.0100, subpart 1. The repaired or replacement components must meet technical standards and criteria for new construction according to local ordinance. The remaining components of the existing system must result in the system being in compliance with subpart 4.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1550** Acceptable and Prohibited Discharges {#sec-7080.1550 omnilex-key=us-mn-regs-official--agency-167--7080.1550}
**Subpart 1. Sewage.**
This chapter provides design standards for ISTS that exclusively receive sewage. If ISTS receive both sewage and nonsewage, the requirements of this chapter and requirements governing the nonsewage portion of the waste apply.
**Subp. 2. System influent.**
A. Footing or roof drainage and chemically treated hot tub and pool water must not be discharged into any part of a system. Products containing hazardous chemicals and hazardous waste must not be discharged to a system other than in normal amounts of household products and cleaners designed for household use. Substances not intended for use in household cleaning, including but not limited to solvents, pesticides, flammables, photo finishing chemicals, paint, and dry-cleaning chemicals must not be discharged to the system. Other unused products or substances, or unused medicines, must not be discharged to the system solely as a method of disposal. Floor drains from garages serving dwellings must not be connected to the system.
B. An ISTS must be designed to provide additional treatment if:
C. Prescriptive Designs and Design Guidance for Advanced Designers, Minnesota Pollution Control Agency (September 2009 and as subsequently amended), is incorporated by reference, is subject to frequent change, and is available at www.pca.state.mn.us/programs/ists/technical.html.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1670** Requirements to Conduct Work {#sec-7080.1670 omnilex-key=us-mn-regs-official--agency-167--7080.1670}
Systems must be designed, installed, inspected, operated, and maintained by appropriately licensed businesses and certified individuals according to part 7083.0700 and any other applicable state requirements.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1700** Design Phase I; Site Evaluation {#sec-7080.1700 omnilex-key=us-mn-regs-official--agency-167--7080.1700}
Site evaluations consisting of preliminary and field evaluations according to parts 7080.1710 and 7080.1720 must be conducted for all proposed sites for ISTS. The site evaluation is considered the first phase of an ISTS design.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1710** Preliminary Evaluation {#sec-7080.1710 omnilex-key=us-mn-regs-official--agency-167--7080.1710}
A preliminary evaluation of a proposed site for an ISTS consists of determining the following items:
A. design flow, anticipated effluent concentrations of biochemical oxygen demand, total suspended solids, and oil and grease, and anticipated presence of nondomestic waste from the dwelling, dwellings, or other establishments;
B. proposed or existing:
C. easements on the lot;
D. the ordinary high water level of public waters, if adjacent to the lot;
E. floodplain designation and flooding elevation from published data or data that is acceptable to and approved by the local unit of government or the Department of Natural Resources, if applicable;
F. property lines;
G. all required setbacks from the system;
H. the soil characteristics at the proposed soil treatment and dispersal areas as obtained from the soil survey report, if available, including the soil map, map units, landscape position, parent material, flooding potential, slope range, periodically saturated soil level, depth to bedrock, texture, color, depth to redoximorphic features, and structure and consistence of soil horizons;
I. a township, range, and section number and other unique property identifiers as required by local government and lot dimensions;
J. names of property owners; and
K. the inner wellhead management zone or wellhead protection area of a public water supply, if applicable.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1720** Field Evaluation {#sec-7080.1720 omnilex-key=us-mn-regs-official--agency-167--7080.1720}
**Subpart 1. Scope.**
A field evaluation consists of the items described in subparts 2 to 7.
**Subp. 2. Lot lines.**
Lot lines shall be established to the satisfaction of the property owner or the property owner's agent. Lot improvements, required setbacks, and easements must be identified.
**Subp. 3. Surface features.**
The following surface features must be described:
A. the percent and direction of the slope at the proposed system location;
B. vegetation types;
C. any evidence of cut or filled areas or disturbed or compacted soil;
D. the flooding or run-on potential; and
E. a geomorphic description.
**Subp. 4. Soil observations.**
A minimum of three soil observations are required for the initial and replacement soil treatment area and at least one soil observation must be performed in the portion of the soil treatment area anticipated to have the most limiting conditions. The total number of soil observations required is based on the judgment of the certified individual or the local unit of government. Soil observations must comply with the following requirements:
A. the soil observations must be conducted within or on the borders of the proposed site;
B. the soil observations must be performed in an exposed pit or by hand augering or probing. The use of flight augers is not allowed;
C. the soil observation method must allow observation of the different soil horizons that constitute the soil profile and, if determining the loading rate by part 7080.2150, subpart 3, item E, Table IX, an undisturbed sample must be observed;
D. underground utilities must be located before soil observations are undertaken;
E. required safety precautions must be taken before entering soil pits;
F. soil observations must be conducted prior to any required percolation tests to determine whether the soils are suitable to warrant percolation tests and, if suitable, at what depth percolation tests shall be conducted; and
G. the minimum depth of the soil observations must be to the periodically saturated layer, to the bedrock, or three feet below the proposed depth of the system, whichever is less.
**Subp. 5. Soil descriptions for determination of limiting layer.**
Each soil profile observed at the proposed soil treatment area must be evaluated under adequate light conditions with the soil in a moist unfrozen state for the characteristics in items A to H:
A. the depth of each soil horizon measured from the ground surface. Soil horizons are differentiated by changes in texture, color, redoximorphic features, bedrock, structure, consistence, and any other characteristic that affects water movement or treatment of effluent;
B. a description of all soil colors for each horizon according to the Munsell Soil Color Charts, Revised Edition, Munsell Color Corporation (1992), or equivalent. The color charts are incorporated by reference, are available through the Minitex interlibrary loan system, and are not subject to frequent change;
C. a description of the soil texture, structure, and consistence using the United States Department of Agriculture (USDA) soil classification system as specified in the Field Book for Describing and Sampling Soils, which is incorporated by reference under part 7080.1100, subpart 36;
D. depth to the bedrock;
E. depth to the periodically saturated soil for new construction or replacement as determined by redoximorphic features and other indicators, as determined in subitems (1) to (3):
F. depth to the periodically saturated soil for all existing systems, determined by redoximorphic features in item E, except subitems (2), unit (a), and (3), units (a), (c), and (d), as measured outside the area of system influence in an area of similar soil;
G. depth of standing water in the soil observation excavation, measured from the soil surface, if observed; and
H. any other soil characteristic that needs to be described to design a system, such as hardpans or restrictive layers. These other characteristics must be classified according to the Field Book for Describing and Sampling Soils, which is incorporated by reference under part 7080.1100, subpart 36.
**Subp. 6. Determination of loading rate and absorption area size.**
The effluent loading and absorption area size must be determined by item A or B, or both, as required by the local unit of government:
A. the loading rate based on an examination of soil texture, undisturbed soil structure, and soil consistence at the depth of either the proposed soil absorption area or the most restrictive layer within three feet of the proposed soil absorption area, using the United States Department of Agriculture (USDA) soil classification system as specified in the Field Book for Describing and Sampling Soils, which is incorporated by reference under part 7080.1100, subpart 36; or
B. the loading rate based on the percolation procedure described in subitems (1) to (8) or other equivalent procedure as approved by the local unit of government:
**Subp. 7. Site protection.**
The proposed soil treatment and dispersal area site shall be protected from disturbance, compaction, or other damage by staking, fencing, posting, or other effective method.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1730** Phase I; Site Evaluation Reporting {#sec-7080.1730 omnilex-key=us-mn-regs-official--agency-167--7080.1730}
A written report on the site evaluation must be prepared and include the following:
A. preliminary and field evaluation results from parts 7080.1710 and 7080.1720;
B. dates of preliminary and field evaluations;
C. a map drawn to scale or dimension with a north arrow, and including:
D. the estimated depth of periodically saturated soil layer, bedrock, or flood elevation, if appropriate;
E. the proposed elevation of the bottom of the soil treatment and dispersal system;
F. anticipated construction-related issues;
G. the name, address, telephone number, and certified statement of the individual conducting the site evaluation;
H. an assessment of how known or reasonably foreseeable land use changes are expected to affect system performance, including, but not limited to, changes in drainage patterns, increased impervious surfaces, and proximity of new water supply wells;
I. a narrative explaining any difficulties encountered during the site evaluation, including but not limited to identifying and interpreting soil and landform features and how the difficulties were resolved; and
J. a notation of any differences between observed soil characteristics and those identified in the soil survey report.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1750** Design Phase Ii {#sec-7080.1750 omnilex-key=us-mn-regs-official--agency-167--7080.1750}
**Subpart 1. System design.**
Completion of tasks outlined in parts 7080.1850 to 7080.2430 is considered the second phase of ISTS design.
**Subp. 2. Compliance.**
Designs for new construction or replacement ISTS must comply with applicable requirements and any other applicable codes, rules, and laws.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1850** Sewage Flow Determination for Dwellings {#sec-7080.1850 omnilex-key=us-mn-regs-official--agency-167--7080.1850}
**Subpart 1. System sizing.**
If construction of additional dwellings or bedrooms, the installation of water-using devices, or other factors likely to affect the operation of the ISTS can be reasonably anticipated, the system must be designed to accommodate these factors.
**Subp. 2. Design flow.**
The estimated design flow for any dwelling must provide for at least two bedrooms. For multiple or multifamily dwellings, the design flow must be calculated according to part 7081.0120.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1860** Design Flow (gallons Per Day) {#sec-7080.1860 omnilex-key=us-mn-regs-official--agency-167--7080.1860}
* Flows for Classification IV dwellings are 60 percent of the values as determined for Classification I, II, or III systems.
For more than six bedrooms, the design flow is determined by the following formulas:
Classification I: Classification I dwellings are those with more than 800 square feet per bedroom, when the dwelling's total finished floor area is divided by the number of bedrooms, or where more than two of the following water-use appliances are installed or anticipated: clothes washing machine, dishwasher, water conditioning unit, bathtub greater than 40 gallons, garbage disposal, or self-cleaning humidifier in furnace. The design flow for Classification I dwellings is determined by multiplying 150 gallons by the number of bedrooms.
Classification II: Classification II dwellings are those with 500 to 800 square feet per bedroom, when the dwelling's total finished floor area is divided by the number of bedrooms, and where no more than two of the water-use appliances listed in Classification I are installed or anticipated. The design flow for Classification II dwellings is determined by adding one to the number of bedrooms and multiplying this result by 75 gallons.
Classification III: Classification III dwellings are those with less than 500 square feet per bedroom, when the dwelling's total finished floor area is divided by the number of bedrooms, and where no more than two of the water-use appliances listed in Classification I are installed or anticipated. The design flow for Classification III dwellings is determined by adding one to the number of bedrooms, multiplying this result by 38 gallons, then adding 66 gallons.
Classification IV: Classification IV dwellings are dwellings designed under part 7080.2240.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1880** Sewage Flow Determination for Other Establishments {#sec-7080.1880 omnilex-key=us-mn-regs-official--agency-167--7080.1880}
Design sewage flow and waste concentration levels for other establishments with a flow of 5,000 gallons per day or less shall be determined by part 7081.0130.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1885** Other Flow Considerations {#sec-7080.1885 omnilex-key=us-mn-regs-official--agency-167--7080.1885}
If the system is served by a sewage collection system, part 7081.0140 applies.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1900** Sewage Tanks; General {#sec-7080.1900 omnilex-key=us-mn-regs-official--agency-167--7080.1900}
Sewage tanks serving ISTS must meet or exceed the applicable requirements of parts 7080.1910 to 7080.2030 unless otherwise approved by a licensed professional engineer and approved by the local unit of government.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1910** Tank Strength {#sec-7080.1910 omnilex-key=us-mn-regs-official--agency-167--7080.1910}
**Subpart 1. Requirements.**
Tanks, fittings, risers, and apertures must:
A. be capable of supporting long-term vertical loads for the conditions in which the tank will be placed. These loads include, but are not limited to, saturated soil load, based on 130 pounds per cubic foot;
B. be capable of withstanding a lateral load for the conditions the tank will be placed;
C. with proper maintenance and venting, not be subject to failure due to corrosion and degradation from sewage or sewage gases, including risers and maintenance hole covers; and
D. be structurally capable of withstanding exposure and stresses from freezing conditions.
**Subp. 2. Poured-in-place concrete tanks.**
Poured-in-place concrete tanks must be designed to meet each requirement of subpart 1 and be designed by a Minnesota licensed professional engineer.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1920** Septic Tank Design {#sec-7080.1920 omnilex-key=us-mn-regs-official--agency-167--7080.1920}
Septic tanks must:
A. have a liquid depth of at least 30 inches. Any liquid depth that is greater than 84 inches must not be used when calculating the septic tank liquid capacity;
B. have a minimum of six feet between the inlet and outlet of the tank, rather than between compartments, or have a minimum of six feet from the inlet of the first tank to the outlet of the last tank in series;
C. if site conditions warrant, the inlet and outlet are allowed to be located on walls that are not opposite each other along the axis of maximum dimension; however, the requirements of item B must be met;
D. have an inlet invert at least two inches above the outlet invert; and
E. have a space between the liquid surface and the top of the inlet and outlet baffles of not less than six inches or 100 gallons, whichever is greater, for all liquid depths with an effluent screen and alarm or for liquid depths of less than 39 inches without an effluent screen and alarm. The space between the liquid surface and the top of the inlet and outlet baffles must not be less than eight inches for liquid depths of 39 inches or more without an effluent screen and alarm. In addition, there must be at least one inch between the underside of the top of the tank and the highest point of the inlet and outlet baffles.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1930** Septic Tank Capacity {#sec-7080.1930 omnilex-key=us-mn-regs-official--agency-167--7080.1930}
**Subpart 1. Dwellings.**
The liquid capacity of septic tanks must be at least as large as the liquid capacities given in Table V.
Where more than nine bedrooms are present, the septic tank capacity must be calculated by the following formula: 2,500 + ([# of bedrooms - 9] x 250).
**Subp. 2. Garbage disposals.**
If a garbage disposal unit is anticipated or installed in a dwelling, the septic tank capacity must be at least 50 percent greater than that required in subpart 1 and must include either multiple compartments or multiple tanks. In addition, an effluent screening device is recommended.
**Subp. 3. Sewage pumping.**
If sewage is pumped from a sewage ejector or grinder pump from a dwelling to a septic tank, the septic tank capacity must be at least 50 percent greater than that required in subpart 1 and must include either multiple compartments or multiple tanks. In addition, an effluent screening device is recommended.
**Subp. 4. Sewage pumping and garbage disposals.**
If conditions in both subparts 2 and 3 apply to a dwelling, the mitigative requirements of either subpart 2 or 3 apply; the requirements of both subparts 2 and 3 need not be additive.
**Subp. 5. Septic tank capacity for multiple dwellings.**
A. For systems serving ten or fewer dwellings with a common septic tank, the liquid capacity must be determined by adding the capacities for each dwelling as determined in this part or according to subpart 6.
B. For systems serving more than ten dwellings with a common septic tank, the requirements of subitem (1) or (2) apply:
C. Total septic tank liquid capacity for systems employing individual tanks at each dwelling discharging into a collection system must be determined:
**Subp. 6. Prior to other treatment devices.**
Septic tank liquid capacity prior to other treatment devices must accord with manufacturer's requirements, accepted engineering principles, or as identified in the product registration recommended standards and criteria.
**Subp. 7. Septic tank capacity for other establishments.**
Total septic tank liquid capacity for other establishments with domestic strength waste as described in part 7080.1550, subpart 2, item B, subitem (1), is determined by multiplying the design flow by 3.0 if receiving sewage under gravity flow, by multiplying the design flow by 4.0 if receiving sewage under pressure flow, or in accordance with subpart 6. Additional design considerations, such as equalization tanks, additional capacity, grease interceptors, or secondary treatment, are required for influent concentrations that exceed the levels identified in part 7080.1550, subpart 2, item B, subitem (1).
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1940** Multiple Septic Tanks {#sec-7080.1940 omnilex-key=us-mn-regs-official--agency-167--7080.1940}
A. If more than one septic tank is used to obtain the required liquid capacity as determined in part 7080.1930, septic tanks must be connected in series or employ multiple collection systems.
B. When tanks are connected in series, each tank or compartment must contain at least 25 percent of the required total liquid capacity.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1950** Compartmentalization of Single Tanks {#sec-7080.1950 omnilex-key=us-mn-regs-official--agency-167--7080.1950}
If septic tanks are compartmentalized, items A to E apply.
A. When septic tanks are divided into compartments, the volume of the first compartment must be equal to or larger than any succeeding compartments. Each compartment must contain at least 25 percent of the total required liquid capacity and have an inside horizontal dimension of at least 24 inches.
B. Flow between compartments can be achieved by an unbaffled transfer hole with a minimum size of 50 square inches located in the clarified liquid zone or a minimum 12-square-inch transfer hole located above the clarified liquid zone that is baffled according to part 7080.1960. The final compartment of a tank that employs a transfer hole in the clarified zone shall not be used as a pump tank.
C. Septic tanks must have at least a two-inch drop between the invert of the inlet to the invert of the outlet. No liquid level drop is required between the compartments.
D. Adequate venting must be provided between compartments by baffles or by an opening of at least 12 square inches near the top of the compartment wall.
E. All compartmental walls must be designed to withstand the weight of the effluent against an empty compartment.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1960** Septic Tank Baffles {#sec-7080.1960 omnilex-key=us-mn-regs-official--agency-167--7080.1960}
All septic tanks must be baffled according to items A to G. Effluent screens are allowed to be substituted for outlet baffles.
A. Baffles must be installed at each inlet and outlet of septic tanks. Outlet baffles are required on compartment walls if the transfer hole is at the liquid level.
B. Baffles must be resistant to corrosion or decay. Inlet baffles must not restrict the movement of solids.
C. Baffles must be integrally cast with the tank or affixed at the top and bottom with connectors that are not subject to corrosion or decay. Baffles for fiberglass-reinforced polyester tanks are allowed to be either resin bonded or secured with suitable structural adhesive. Sanitary tees used as baffles must be affixed to the inlet or outlet pipes with a permanent waterproof adhesive.
D. The inlet baffle must extend at least six inches, but not more than 20 percent of the total liquid depth, below the liquid surface. The inlet baffle must extend above the liquid surface in compliance with part 7080.1920, item E, and at least one inch above the crown of the inlet sewer.
E. The outlet baffle and any baffles between compartments must extend below the liquid surface a distance equal to 40 percent of the liquid depth, except that the penetration of the indicated baffles or sanitary tees for horizontal cylindrical tanks must be 35 percent of the total liquid depth. They must also extend above the liquid surface as determined in part 7080.1920, item E.
F. There must be at least one inch between the underside of the top of the tank and the highest point of the inlet and outlet baffles.
G. The nearest point on the inlet baffles other than sanitary tees must be no less than six inches and no more than 12 inches from the end of the inlet pipe. The nearest point on the outlet baffle, other than sanitary tees, must not be closer than six inches and no more than 12 inches from the beginning of the outlet pipe to the baffle. Sanitary tees used as inlet or outlet baffles must be at least four inches in diameter.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1970** Sewage Tank Access {#sec-7080.1970 omnilex-key=us-mn-regs-official--agency-167--7080.1970}
A. Septic tanks must have a minimum of two maintenance holes with a minimum diameter of 20 inches (least dimension). Maintenance holes must be placed over the inlet baffle or the center of the tank and the outlet device (baffle or screen). The maintenance holes must be large enough to allow pumping without interference. Enough maintenance holes must be provided so access can be gained within six feet of all walls for solids removal of each compartment. Inspection pipes of no less than six inches must be provided over any baffles that are not otherwise accessible through a maintenance hole.
B. Pump tanks must have a minimum of one maintenance hole with a minimum diameter of 20 inches (least dimension). Enough maintenance holes must be provided so access can be gained within six feet of all walls for solids removal.
C. All maintenance hole risers must extend through the tank cover above final grade.
D. Covers for maintenance holes must:
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.1980** Tank Construction {#sec-7080.1980 omnilex-key=us-mn-regs-official--agency-167--7080.1980}
A. All precast reinforced concrete sewage tanks must be constructed to meet the requirements of this chapter. Information on best practices for tank construction is found in the National Precast Concrete Association's best practices manual, Precast Concrete On-site Wastewater Tanks (2005). This manual is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change. If a conflict exists between the manual and this chapter, this chapter applies.
B. All fiberglass-reinforced polyester and polyethylene tanks must be constructed to meet the requirements of this chapter. Information on best practices for these tanks is found in the International Association of Plumbing and Mechanical Officials (IAPMO), Material and Property Standard for Prefabricated Septic Tanks, Standard PS 1-2006 (2006). This standard is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change. If conflicts exist between the standard and this chapter, this chapter applies.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.1990** Tank Storage, Transport, and Use {#sec-7080.1990 omnilex-key=us-mn-regs-official--agency-167--7080.1990}
**Subpart 1. Precast reinforced concrete tanks.**
Precast reinforced concrete tanks must:
A. have a method to lift the tank for an ultimate load that is four times the working load;
B. undergo proper curing to achieve a compressive strength of 4,000 pounds per square inch before transport, placement, or use; and
C. have no pipe penetration points or openings in the exterior walls or tank bottom below the tank liquid level, unless designed for a specific operational purpose and approved by the local unit of government.
**Subp. 2. Other tanks.**
Fiberglass-reinforced polyester or polyethylene tanks must be protected against deterioration during storage.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2000** Location and Installation of Tanks {#sec-7080.2000 omnilex-key=us-mn-regs-official--agency-167--7080.2000}
A. Sewage tanks must not be placed in areas that prohibit the removal of solids and liquids from the tank according to part 7080.2450.
B. Sewage tanks must be set back as specified in Table VII in part 7080.2150, subpart 2, item F.
C. The top of sewage tanks must not be buried deeper than four feet from final grade for new dwellings, unless a local ordinance allows for burial at a greater depth, not to exceed the tank manufacturer's maximum designed depth for the tank. The minimum depth of soil cover over the insulation on the top of the tank is six inches.
D. Sewage tanks must not be placed in floodways, drainageways, or swales. Upslope drainage must be diverted away from the location of all tanks. A tank's final cover must be crowned or sloped to shed surface water.
E. Sewage tanks must not be placed in areas subject to vehicular traffic unless engineered for the anticipated load.
F. Sewage tanks must be placed on firm and evenly compacted soil and with the soil level in all directions. The bottom shall be excavated in a manner so the vertical load is borne by the tank walls and not the tank bottom. If the bottom of the tank excavation contains rocks, bedding material must be used according to manufacturer's instructions. The soil beneath the tank must be capable of bearing the weight of the tank and its contents.
G. Sewage tanks and risers must be installed according to manufacturer's requirements and in a structurally sound and watertight fashion.
H. If the top of a sewage tank is to be less than two feet from final grade, the lid of the tank must be insulated to an R-value of ten. Maintenance hole covers must be insulated to an R-value of ten. All insulating materials must be resistant to water absorption.
I. Sewage tanks placed below the level of the periodically saturated soil must employ a method to protect against flotation under periodic saturated soil conditions when the tank is empty.
J. Connections between the concrete tank and the building sewer or supply pipe must meet the requirements of American Society for Testing and Materials, Standard Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Laterals, ASTM C923 (2002), or equivalent. The standard is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.
K. Joints of concrete tanks, concrete tank lids, and concrete risers must be sealed using a bonding compound that meets American Society for Testing and Materials, Standard Specification for Joints for Concrete Pipe, Manholes, and Precast Box Sections Using Preformed Flexible Joint Sealants, ASTM C990 (2003). The standard is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2010** Tank Assessment {#sec-7080.2010 omnilex-key=us-mn-regs-official--agency-167--7080.2010}
**Subpart 1. General.**
A. All sewage tanks must be watertight, including at all tank and riser joints, riser connections, and pipe connections.
B. An assessment of all models of sewage tanks to be used must be conducted to determine:
C. Sewage tanks, including riser joints, riser connections, and pipe connections must be designed, manufactured, and installed to be watertight under normal use.
**Subp. 2. Structural integrity of design test.**
The structural integrity of each model of tank manufactured and all poured-in-place tanks must be verified by calculation, proof testing, or a licensed professional engineer to determine the horizontal and vertical loads that the tank can withstand when empty. Tanks must be reverified for structural integrity if the design, materials, or construction methods are modified. A licensed professional engineer shall certify in writing if different manufactured models are similar enough so that the structural integrity information for one model is valid for other models. Verifications must be submitted to the commissioner. The commissioner shall maintain and make available the verifications upon request.
**Subp. 3. Watertightness test.**
A. At least one tank per year, per model must be tested for watertightness. All poured-in-place tanks shall be tested for watertightness. Records of testing must be maintained by the manufacturer for three years and must be available to the commissioner and local unit of government if requested. Tanks must be tested and meet or exceed the applicable requirements of subitem (1), (2), or (3):
B. Sewage tanks that do not pass the tests listed in item A must not be used until repaired and retested. The repair and retest procedure must be repeated until the tank passes the test or the tank must not be used.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2020** Tank Identification {#sec-7080.2020 omnilex-key=us-mn-regs-official--agency-167--7080.2020}
A. Sewage tanks must be marked near the outlet with:
B. The tank manufacturer or manufacturer's agent shall provide the information in item A to the installer in writing.
C. The tank inlet or outlet must be clearly marked.
D. The installer shall submit the information in item A with the as-built drawing.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2030** Effective Date {#sec-7080.2030 omnilex-key=us-mn-regs-official--agency-167--7080.2030}
Sewage tanks must meet the requirements of parts 7080.1910 to 7080.2020 by April 4, 2012. Tanks produced and installed before April 4, 2012, must meet either the requirements of Minnesota Rules 2005, part 7080.0130, or the requirements of Minnesota Rules 2009, parts 7080.1910 to 7080.2020.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2050** Distribution of Effluent {#sec-7080.2050 omnilex-key=us-mn-regs-official--agency-167--7080.2050}
**Subpart 1. General.**
Distribution of effluent for ISTS must meet or exceed the requirements of this part.
**Subp. 2. Supply pipes.**
A. The supply pipe extending from the septic tank to the undisturbed soil beyond the tank excavation must meet the strength requirements of American Society for Testing and Materials (ASTM), Schedule 40 Pipe, contained in Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120, ASTM D1785 (2006). The schedule is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.
B. Supply pipes must:
C. The minimum slope for gravity supply pipes is one percent (1/8 inch per linear foot). There is no maximum slope. Pipe restraints must be used for slopes greater than 20 percent or where fluid velocities in the pipe exceed 15 feet per second. For pressure systems, a minimum slope of one percent for drainback or other frost protection measures must be employed.
D. Access to each supply pipe must be provided for cleanout. The access point must be accessible from final grade.
**Subp. 3. Gravity distribution.**
A. Serial distribution must be used to distribute effluent to individual trenches in a soil treatment and dispersal system. If the necessary elevation differences between trenches for serial distribution cannot be achieved by natural topography or by varying the excavation depths, parallel distribution must be used. Serial distribution must not create a pressure head on trenches at lower elevations.
B. If drop boxes are used for serial distribution, subitems (1) to (6) apply.
C. If valve boxes are used, all requirements of item B apply to valve boxes.
D. Distribution boxes must meet the standards in subitems (1) to (6).
E. Nonpressurized distribution pipes must meet the requirements of subitems (1) to (4) and subpart 2, item B, subitems (1) and (3) to (5).
**Subp. 4. Pressure distribution.**
A. All systems must be pressurized as required in parts 7080.2200 to 7080.2400.
B. Pressurized distribution pipes must conform to the requirements of subpart 2, item B, subitems (1) and (3) to (5).
C. Pressure distribution pipes and associated fittings must be properly joined together. The pipe and connections must be able to withstand a pressure of at least 40 pounds per square inch.
D. The distribution network must be designed so there is less than a ten percent variance in flow for all perforations.
E. Perforations must be no smaller than one-eighth inch diameter and no larger than one-quarter inch diameter. The number of perforations, perforation spacing, and pipe size for pressure distribution must be in accordance with Table VI. The friction loss in any individual perforated lateral must not exceed 20 percent of the average pressure head on the perforations.
F. Perforation holes must be drilled straight into the pipe and not at an angle. Pressurized distribution laterals must be installed level. Perforation holes must be free of burrs. Holes must be spaced no more than three feet apart. A method to introduce air into the pipe after dosing must be provided. The pipes must completely drain after the pump turns off.
G. Pressure distribution laterals must be spaced no further than 36 inches apart in seepage beds and mound absorption beds, and no further than 24 inches from the outside edge of the bed.
H. Pressure distribution laterals must be connected to a header or manifold pipe that is of a diameter such that the friction loss in the header or manifold will be no greater than five percent of the average head at the perforations. The header or manifold pipe must be connected to the supply pipe from the pump.
I. Perforated laterals must not be installed closer than 12 inches from the edges of the absorption bed and perforated laterals must terminate no closer than 12 inches from the ends of the absorption bed.
J. Pressure distribution pipe cleanouts must be provided to check the system for proper operation and cleaning of plugged perforations. Cleanouts must be accessible from final grade.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1347; 35 SR 1353; 38 SR 1001; 40 SR 689*
##### **Minn. R. 7080.2100** Dosing of Effluent {#sec-7080.2100 omnilex-key=us-mn-regs-official--agency-167--7080.2100}
**Subpart 1. General.**
When pumping or dosing is necessary, it must comply with this part.
**Subp. 2. Pump tanks.**
A. Pump tanks shall meet or exceed the requirements of parts 7080.1910, 7080.1970, and 7080.1980 to 7080.2020. All dosing chambers must be vented.
B. The pump, pump controls, and pump discharge line must be installed to allow access for servicing or replacement without entering the pump tank.
C. The pump tank must either include an alternating two-pump system or have a minimum total capacity of 500 gallons for design flow values of 600 gallons per day or less or 100 percent of the design flow for design flow values of greater than 600 gallons per day.
D. An ISTS with a pump must employ an alarm device to warn of failure.
E. The inlet of pumps must be elevated at least four inches from the bottom of the pump tank or protected in some other manner to prevent the pump from drawing excessive settled solids.
F. Electrical installations must comply with applicable laws and ordinances including the most current codes, rules, and regulations of public authorities having jurisdiction and with part 1315.0200, which incorporates the National Electrical Code.
**Subp. 3. Pumps for gravity distribution.**
If a pump is used to lift effluent into a gravity distribution system, items A to C apply.
A. The pump must discharge at least ten gallons per minute but no more than 45 gallons per minute.
B. The pump must be constructed and fitted with sound, durable, and corrosion-resistant materials.
C. The pump must have sufficient dynamic head for both the elevation difference and friction loss.
**Subp. 4. Pumps for pressure distribution.**
Pumps for pressure distribution must meet the requirements in items A to D.
A. Pumps must be constructed and fitted with sound, durable, and corrosion-resistant materials.
B. The pump discharge capacity must be based on the perforation discharges for a minimum average head of 1.0 foot for 3/16-inch to 1/4-inch perforations and 2.0 feet for 1/8-inch perforations for dwellings. The minimum average head must be 2.0 feet for other establishments with 3/16- to 1/4-inch perforations and 5.0 feet of head for 1/8-inch perforations. Perforation discharge is determined by the following formula: Q = 19.65 cd2h1/2 where: Q = discharge in gallons per minute c = 0.60 = coefficient of discharge d = perforation diameter in inches h = head in feet.
C. The pump discharge head must be at least five feet greater than the head required to overcome pipe friction losses and the elevation difference between the pump and the distribution device.
D. The quantity of effluent delivered for each pump cycle must be no greater than 25 percent of the design flow and at least four times the volume of the distribution pipes plus the volume of the supply pipe.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2150** Final Treatment and Dispersal {#sec-7080.2150 omnilex-key=us-mn-regs-official--agency-167--7080.2150}
**Subpart 1. General.**
Treatment and dispersal of all sewage for new construction or replacement ISTS must be in compliance with this part and parts 7080.2200 to 7080.2400 as adopted into local ordinances.
**Subp. 2. General technical requirements for all systems.**
All new construction or replacement ISTS must be designed to meet or exceed the provisions in items A to F.
A. All treatment and dispersal methods must be designed to conform to all applicable federal, state, and local regulations.
B. Treatment and dispersal processes must prevent sewage or sewage effluent contact with humans, insects, or vermin.
C. Treatment and dispersal of sewage or sewage effluent must be in a safe manner that adequately protects from physical injury or harm.
D. An unsaturated zone in the soil must be maintained between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock during loading of effluent.
E. Soil treatment and dispersal systems must not be designed in floodways. Soil treatment and dispersal systems installed in flood fringes must meet the requirements in part 7080.2270. All soil treatment systems located in areas subject to excessive run-on must have a diversion constructed upslope from the system.
F. ISTS components must be set back in accordance with Table VII. * Setbacks from buried water lines and water supply wells are governed by chapters 4714 and 4725, respectively. ** Infringement on property line setbacks must be made through accepted local procedures. *** Setbacks from lakes, rivers, and streams are governed by chapters 6105 and 6120.
**Subp. 3. Other technical requirements for systems.**
Items A to M are required for specific designs as determined in parts 7080.2200 to 7080.2400.
A. Employ components registered under parts 7083.4070 and 7083.4080 that are installed, used, and operated according to the conditions placed on registration.
B. Employ structural components and joint sealants that meet or exceed the system's expected design life.
C. For acceptable treatment of septic tank effluent by soil, the soil treatment and dispersal systems must meet the requirements of subitems (1) and (2).
D. The system's absorption area must be original soil.
E. The system's absorption area and mound absorption ratio must be sized according to Table IX or IXa. TABLE IX LOADING RATES FOR DETERMINING BOTTOM ABSORPTION AREA AND ABSORPTION RATIOS USING DETAILED SOIL DESCRIPTIONS * * Proposed absorption areas must meet item L and must have very friable and friable consistence or loose noncemented sands. ** Conduct percolation test and size under Table IXa. May need to be designed under part 7080.2300. *** Assume a hydraulic loading rate to the sand at 1.6 gpd/ft2.
F. If drainfield rock medium is employed, a durable, nonwoven geotextile fabric must be used to cover the distribution rock medium. The fabric must be of sufficient strength to undergo installation without rupture. The fabric must permit passage of water without passage of overlying soil material into the rock medium.
G. All excavation into the absorption area, or surface preparation of the upper 12 inches of absorption area, must be in a manner to expose the original soil structure in an unsmeared and uncompacted condition. Excavation is only allowed when the soil moisture content is at or less than the plastic limit and is not frozen or freezing.
H. Excavation equipment or other vehicles must not be driven on the excavated or prepared absorption area. Foot traffic on these areas must be minimized and not cause compaction. The exposed areas must be immediately covered with media or the designed coverage materials. If the areas are exposed to direct rainfall, they must be allowed to dry and must be re-prepared according to item G.
I. A minimum of six inches of topsoil borrow must be placed over the system.
J. A close-growing, vigorous vegetative cover must be established over the soil treatment and dispersal system and other vegetatively disturbed areas. The sodding, seeding, or other vegetation establishment must begin immediately after the placement of the topsoil borrow. If the climatic season does not allow immediate establishment of vegetation, the soil treatment and dispersal system must be protected from erosion and excessive frost and a vegetative cover must be established as soon as favorable climatic conditions exist. The vegetative cover established must not interfere with the hydraulic performance of the system and must provide adequate frost and erosion protection. Trees, shrubs, deep-rooted plants, or hydrophytic plants must not be planted on the system.
K. Sewage tank effluent concentrations to the soil dispersal system must not exceed a BOD concentration of 170 mg/l, a CBOD5 concentration of 125 mg/l, a TSS concentration of 60 mg/l, or an oil and grease concentration of 25 mg/l.
L. The distribution media must not be in contact with soils with any of the USDA soil textures classified as sand with 35 percent or more rock fragments or loamy sand with 35 percent or more rock fragments or any soils that have a percolation rate of less than 0.1 minute per inch.
M. The contour loading rate for soil dispersal systems must be between 1 and 12 gallons per lineal foot per day.
**Subp. 4. Systems with a design flow greater than 2,500 gallons per day.**
At a minimum, systems designed under this chapter with a design flow of greater than 2,500 gallons per day, which impact water quality of an aquifer, as defined in part 4725.0100, subpart 21, must employ best management practices for nitrogen reduction developed by the commissioner to mitigate water quality impacts to groundwater.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1347; 35 SR 1353; 38 SR 1001; 40 SR 689*
##### **Minn. R. 7080.2200** Type I Systems {#sec-7080.2200 omnilex-key=us-mn-regs-official--agency-167--7080.2200}
Systems designed according to parts 7080.2200 to 7080.2240 are considered Type I systems.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2210** Trenches and Seepage Beds {#sec-7080.2210 omnilex-key=us-mn-regs-official--agency-167--7080.2210}
**Subpart 1. Characteristics.**
To qualify as a trench or seepage bed system, the system must meet the requirements of items A to E:
A. employ flow values in parts 7080.1850 to 7080.1885;
B. meet applicable technical requirements of parts 7080.1900 to 7080.2030, 7080.2050, and 7080.2100;
C. provide flow measurement if a pump is to be employed;
D. meet the requirements of part 7080.2150, subparts 2 and 3, except subpart 3, item M; and
E. meet the requirements of subparts 2 to 4.
**Subp. 2. General.**
Seepage bed placement must be limited to areas having natural slopes of less than six percent. Absorption areas for seepage beds and trenches must not be placed in soils with a loading rate of less than 0.45 gallons per day per square foot or as shown in Table IX or IXa in part 7080.2150, subpart 3, item E. Seepage beds must not be located in floodplains.
**Subp. 3. Sizing of trenches and seepage beds.**
A. The trench bottom absorption area is calculated by dividing the design flow by the appropriate soil loading rate in Table IX or IXa in part 7080.2150, subpart 3, item E. If gravity distribution is used in seepage beds, the seepage bed absorption area is calculated by dividing the design flow by the soil loading rate in Table IX or IXa in part 7080.2150, subpart 3, item E, multiplied by 1.5. If pressure distribution is used in seepage beds, the seepage bed absorption area is determined by dividing the design flow by the soil loading rate in Table IX or IXa in part 7080.2150, subpart 3, item E.
B. The minimum sidewall absorption is six inches. The bottom absorption area is allowed to be reduced, for trenches only, by the following: A 40 percent reduction is not allowed with a loading rate of 1.2 gallons per day per square foot.
**Subp. 4. Design and construction of trenches and seepage beds.**
A. Trenches must be no more than 36 inches wide. Any excavation wider than 36 inches is a seepage bed. A seepage bed must not be wider than 12 feet if gravity distribution is used and 25 feet if pressure distribution is used. Natural, undisturbed soil must exist between multiple trenches and seepage beds. Multiple seepage beds must be spaced at one-half the bed width.
B. A vertical inspection pipe at least four inches in diameter must be installed and secured in the distribution medium of every trench or seepage bed. The inspection pipe must be located at an end opposite from where the sewage tank effluent enters the medium. The inspection pipe must have three-eighths inch or larger perforations spaced vertically no more than six inches apart. At least two perforations must be located in the distribution medium. Perforations must not be located above the geotextile cover or wrap. The inspection pipe must extend to the bottom of the distribution medium, be secured, and be capped flush with or above finished grade.
C. The top and bottom of the distribution medium must be level along the contour. Sidewalls must be as vertical as practical and not intentionally sloped.
D. The minimum depth of soil cover, including topsoil borrow, over the distribution medium is 12 inches.
E. Trenches or seepage beds must be backfilled and crowned above finished grade to allow for settling. The top six inches of the backfill must have the same texture as the adjacent soil.
F. Trenches and seepage beds in which the distribution media is in contact with any of the United States Department of Agriculture soil textures classified as sand or loamy sand or soils with a percolation rate of 0.1 to 5 minutes per inch must employ one or more of the following measures:
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2220** Mounds {#sec-7080.2220 omnilex-key=us-mn-regs-official--agency-167--7080.2220}
**Subpart 1. Mound system requirements.**
To qualify as a mound system, the system must meet or exceed the following requirements:
A. employ flow values in parts 7080.1850 to 7080.1885;
B. meet or exceed applicable technical requirements of parts 7080.1900 to 7080.2030, 7080.2050, and 7080.2100;
C. meet or exceed the requirements of part 7080.2150, subparts 2 and 3;
D. employ flow measurement; and
E. meet the requirements of subparts 2 and 3.
**Subp. 2. Location of mounds.**
A. The upper 12 inches of the original soil mound absorption area must have a mound absorption ratio of greater than zero under part 7080.2150, subpart 3, item E, Table IX or IXa. The upper 12 inches of the absorption area must also be above the periodically saturated soil or bedrock.
B. Setbacks must be according to Table VII in part 7080.2150, subpart 2, item F. Setbacks must be measured from the original soil absorption area.
C. On slopes of one percent or greater and where the original soil mound absorption ratio is 5.0 or greater in Table IX or IXa in part 7080.2150, subpart 3, item E, mounds must not be located where the ground surface contour lines that lie directly below the long axis of the distribution media bed represent a swale or draw, unless the contour lines have a radius of curvature greater than 100 feet. Mounds must never be located in swales or draws where the radius of curvature of the contour lines is less than 50 feet.
**Subp. 3. Mound design and construction.**
A. The mound distribution media bed area consists of bottom area only and must be calculated by dividing the design flow by 1.2 gallons per square foot per day.
B. Mound distribution media beds must be determined according to part 7080.2150, subpart 3, item M, and must be no wider than ten feet.
C. Clean sand must be used to elevate the mound distribution media bed and must consist of sound, durable material that conforms to the following requirements: Clean sand must also contain less than three percent deleterious substances and be free of organic impurities.
D. The original soil mound absorption area is determined by multiplying the original soil mound absorption length by the original soil mound absorption width. The original soil mound absorption width is calculated by multiplying the mound distribution media bed width by the mound absorption ratio. The mound absorption ratio of the upper 12 inches of soil in the proposed original soil mound absorption area shall be determined according to Table IX or IXa in part 7080.2150, subpart 3, item E.
E. The required original soil absorption width for mounds constructed on slopes from zero to one percent must be centered under the mound distribution media bed width. The required original mound soil absorption width constructed on slopes greater than one percent must be measured downslope from the upslope edge of the mound distribution media bed width and measured in the direction of the original land slope and perpendicular to the original contours.
F. The side slopes on the mound must not be steeper than three horizontal units to one vertical unit and shall extend beyond the required original soil absorption area, if necessary.
G. Distribution of effluent over the mound distribution media bed must be by level perforated pipe under pressure according to parts 7080.2050 and 7080.2100.
H. The supply pipe from the pump to the original soil absorption area must be installed before surface preparation of the original mound soil absorption area. The trench excavated for the supply pipe must be carefully backfilled and compacted to prevent seepage of effluent.
I. Vegetation in excess of two inches in length and dead organic debris including leaf mats must be removed from the original soil mound absorption area. Trees must be cut nearly flush with the ground and stumps must not be removed.
J. The original soil mound absorption area must be roughened by backhoe teeth, moldboard, or chisel plow. The soil must be roughened to a depth of eight inches. Discing is allowed if the upper eight inches of soil has a texture of sandy loam or coarser. If plowed, furrows must be thrown uphill and there must not be a dead furrow in the original soil mound absorption area. A rubber-tired tractor is allowed for plowing or discing. Rototilling or pulverizing the soil is not allowed. The original soil must not be excavated or moved more than one foot from its original location during soil surface preparation.
K. Prior to placement of six inches of clean sand, vehicles must not be driven on the original soil mound absorption area before or after the surface preparation is completed. The clean sand must immediately be placed on the prepared surface.
L. The clean sand must be placed by using a construction technique that minimizes compaction. If the clean sand is driven on for construction, a crawler or track-type tractor must be used. At least six inches of sand must be kept beneath equipment to minimize compaction of the prepared surface.
M. A minimum of 12 inches of clean sand must be placed in contact with the bottom area of the mound distribution media bed and must be uniformly tapered to cover the entire original soil absorption area. Other sandy materials are allowed to be used outside of this area to complete construction of the mound.
N. The top of the clean sand layer upon which the mound distribution media bed is placed must be level in all directions.
O. A vertical inspection pipe at least four inches in diameter must be installed and secured at the distribution medium and sand interface. The inspection pipe must have three-eighths inch or larger perforations spaced vertically no more than six inches apart. At least two perforations must be located in the distribution medium. Perforations must not be located above the permeable synthetic fabric, if used. The inspection pipe must extend to the bottom of the distribution medium, be secured, and be capped, flush with or above finished grade.
P. On slopes of one percent or greater, the upslope edge of the mound absorption bed must be placed on the contour.
Q. The sidewalls of the mound absorption bed must be as vertical as practical and not intentionally sloped.
R. The top of the mound distribution media bed must be level in all directions.
S. A minimum of six inches of sandy to loamy soil material must be placed on the top of the mound absorption bed and sloped upwards toward the center of the mound a minimum of ten horizontal units to one vertical unit.
T. Construction vehicles must not be allowed on the distribution media until backfill is placed as described in item S.
U. A minimum of six inches of topsoil borrow must be placed over the entire mound.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2230** At-Grade Systems {#sec-7080.2230 omnilex-key=us-mn-regs-official--agency-167--7080.2230}
**Subpart 1. At-grade system.**
To qualify as an at-grade system, the system must meet or exceed the following requirements:
A. employ flow values in parts 7080.1850 to 7080.1885;
B. meet or exceed applicable technical requirements of parts 7080.1900 to 7080.2030, 7080.2050, and 7080.2100;
C. meet or exceed the requirements of part 7080.2150, subparts 2 and 3;
D. employ flow measurement; and
E. meet the requirements of subparts 2 and 3.
**Subp. 2. Location of at-grade systems.**
A. The upper 12 inches of the absorption area must be original soil with a loading rate of 0.45 gallons per day per square foot or greater as shown in Table IX or IXa in part 7080.2150, subpart 3, item E.
B. At-grade systems must not be installed in areas with slopes greater than 25 percent.
C. Setbacks must be according to part 7080.2150, subpart 2, item F. Setbacks must be measured from the absorption area.
**Subp. 3. Design and construction of at-grade systems.**
A. The at-grade bed absorption width must be determined according to part 7080.2150, subpart 3, item M, and must not exceed a width of 15 feet. The at-grade bed absorption width for slopes of one percent or greater does not include any width of the media necessary to support the upslope side of the pipe.
B. The at-grade absorption length must be calculated by dividing the design flow by the soil loading rate found in Table IX or IXa in part 7080.2150, subpart 3, item E, for the upper 12 inches of soil and dividing by the absorption bed width.
C. At-grade systems must employ pressurized distribution by meeting or exceeding the applicable requirements of parts 7080.2050 and 7080.2100. At-grade systems located on slopes of one percent or greater require only one distribution pipe located on the upslope edge of the distribution media, with the absorption bed width being measured from the distribution pipe to the downslope edge of the media. Multiple distribution pipes are allowed to be used to provide even distribution, if necessary, based on site conditions.
D. The upslope edge of an at-grade absorption bed must be installed along the natural contour.
E. At-grade materials must be placed by using construction techniques that minimize compaction.
F. Six inches of loamy or sandy cover material must be installed over the distribution media. Cover must extend at least five feet from the ends of the media bed and be sloped to divert surface water. Side slopes must not be steeper than four horizontal units to one vertical unit. Six inches of topsoil borrow must be placed on the cover material.
G. One vertical inspection pipe of at least four inches in diameter must be installed along the downslope portion of the absorption bed. The inspection pipes must have three-eighths inch or larger perforations spaced vertically no more than six inches apart. Perforations must not exist above the distribution medium. The inspection pipes must extend to the absorption bed/soil interface and must be secured and capped flush with or above finished grade.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2240** Gray Water Systems {#sec-7080.2240 omnilex-key=us-mn-regs-official--agency-167--7080.2240}
**Subpart 1. General.**
To qualify as a gray water system, the system must meet or exceed the following requirements:
A. employ 60 percent of the flow values in parts 7080.1850 to 7080.1885;
B. meet or exceed applicable technical requirements of parts 7080.1900 to 7080.2030, 7080.2050, and 7080.2100, except as modified in this part;
C. provide flow measurement if a pump is to be employed;
D. meet or exceed the requirements of parts 7080.2210 to 7080.2230;
E. meet or exceed requirements of part 7080.2150, subparts 2 and 3; and
F. meet the requirements of subparts 2 and 3.
**Subp. 2. Toilet waste.**
Toilet waste must not be discharged to a gray water system.
**Subp. 3. Sewage tank.**
The liquid capacity of a gray water septic tank serving a dwelling must be based on the number of bedrooms existing and anticipated in the dwelling served and shall be at least as large as the capacities given in Table X.
For ten or more bedrooms, the gray water septic tank shall be sized as: (1,500 + ((# of bedrooms - 9) x 150)).
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2250** Type Ii Systems {#sec-7080.2250 omnilex-key=us-mn-regs-official--agency-167--7080.2250}
Systems designed according to parts 7080.2270 to 7080.2290 are considered Type II systems.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2260** [Repealed, 35 SR 1353] {#sec-7080.2260 omnilex-key=us-mn-regs-official--agency-167--7080.2260}
[Repealed, 35 SR 1353]
##### **Minn. R. 7080.2270** Floodplain Areas {#sec-7080.2270 omnilex-key=us-mn-regs-official--agency-167--7080.2270}
**Subpart 1. General.**
ISTS must be designed under this part if the system is proposed to be located in a floodplain. A system located in a floodplain must meet or exceed the following requirements:
A. employ flow values in parts 7080.1850 to 7080.1885;
B. meet or exceed applicable technical requirements of parts 7080.1900 to 7080.2030, 7080.2050, and 7080.2100, except as modified in this part;
C. provide flow measurement if a pump is to be employed;
D. meet or exceed the requirements of parts 7080.2210 to 7080.2230;
E. meet or exceed requirements of part 7080.2150, subparts 2 and 3, except as modified in this subpart; and
F. meet the requirements of subparts 2 to 11.
**Subp. 2. State and local requirements.**
The allowed use of systems in floodplains must be according to state and local floodplain requirements.
**Subp. 3. Location of system.**
An ISTS must not be located in a floodway and, whenever possible, placement within any part of the floodplain should be avoided. If no alternative exists, a system is allowed to be placed within the flood fringe if the requirements in subparts 4 to 11 are met.
**Subp. 4. Openings.**
There must be no inspection pipe or other installed opening from the distribution media to the soil surface.
**Subp. 5. Highest ground.**
An ISTS must be located on the highest feasible area of the lot and must have location preference over all other improvements except the water supply well. If the ten-year flood data are available, the bottom of the distribution media must be at least as high as the elevation of the ten-year flood.
**Subp. 6. Pump.**
If a pump is used to distribute effluent to the soil treatment and dispersal system, provisions shall be made to prevent the pump from operating when inundated with floodwaters.
**Subp. 7. Raising elevation.**
When it is necessary to raise the elevation of the soil treatment system to meet the vertical separation distance requirements, a mound system as specified in part 7080.2220 is allowed to be used with the following additional requirements:
A. the elevation of the bottom of the mound bed absorption area must be at least one-half foot above the ten-year flood elevation if ten-year flood data are available;
B. inspection pipes must not be installed unless the top of the mound is above the 100-year flood elevation; and
C. the placement of clean sand and other fill must be done according to any community-adopted floodplain management ordinance.
**Subp. 8. Inundation of top.**
When the top of a sewage tank is inundated, the dwelling must cease discharging sewage into it.
**Subp. 9. Backflow.**
Backflow prevention of liquid into the building when the system is inundated must be provided. If a holding tank is used, the system must be designed to permit rapid diversion of sewage into the holding tank when the system is inundated.
**Subp. 10. Holding tank.**
If a holding tank is used to serve a dwelling, the holding tank's liquid capacity must equal 100 gallons times the number of bedrooms times the number of days between the ten-year stage on the rising limb of the 100-year flood hydrograph and the ten-year stage on the falling limb of the hydrograph, or 1,000 gallons, whichever is greater. The holding tank must be accessible for removal of tank contents under flooded conditions.
**Subp. 11. Water level above top.**
Whenever the water level has risen above the top of a sewage tank, the tank must be pumped to remove all solids and liquids after the flood has receded and before use of the system is resumed.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2280** Privies {#sec-7080.2280 omnilex-key=us-mn-regs-official--agency-167--7080.2280}
A. To qualify as a privy, the system must:
B. Pits or vaults must have sufficient capacity for the dwelling they serve, but must have at least 25 cubic feet of capacity.
C. The sides of the pit must be curbed to prevent cave-in.
D. The privy must be easily maintained and insect proof. The door and seat must be self-closing. All exterior openings, including vent openings, shall be screened.
E. Privies must be adequately vented.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2290** Holding Tanks {#sec-7080.2290 omnilex-key=us-mn-regs-official--agency-167--7080.2290}
A. To qualify as a holding tank, the system must:
B. All tanks used as holding tanks must be tested for watertightness as specified in part 7080.2010, subpart 3.
C. A cleanout pipe of at least six inches in diameter must extend to the ground surface and be provided with seals to prevent odor emissions and exclude insects and vermin. A maintenance hole of at least 20 inches in least dimension must extend through the cover to a point within 12 inches, but no closer than six inches, below finished grade. If the maintenance hole is covered with less than six inches of soil, the cover must be secured according to part 7080.1970, item C.
D. For a dwelling, the minimum size is 1,000 gallons or 400 gallons times the number of bedrooms, whichever is greater. For other establishments, the minimum capacity shall be at least five times the design flow. Tank sizing for floodplain areas must be calculated according to part 7080.2270, subpart 10.
E. Holding tanks must be located in an area readily accessible to the pump truck under all weather conditions and where accidental spillage during pumping will not create a nuisance and must meet the setback requirements as specified in Table VII in part 7080.2150, subpart 2, item F.
F. Holding tanks must have an alarm device to minimize the chance of accidental sewage overflows unless regularly scheduled pumping is used. An alarm device shall identify when the holding tank is at 75 percent capacity.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2300** Type Iii Systems {#sec-7080.2300 omnilex-key=us-mn-regs-official--agency-167--7080.2300}
A system that deviates from the requirements in parts 7080.2210 to 7080.2240 is a Type III system. Deviations from the standards in parts 7080.2210 to 7080.2240 must be submitted to the local unit of government for approval or denial. However, no deviation is allowed from the following standards and at a minimum a Type III system must:
A. employ design flow values in parts 7080.1850 to 7080.1885;
B. meet technical requirements of part 7080.2050;
C. meet the requirements of parts 7080.1900 to 7080.2030;
D. meet the requirements of part 7080.2100 with mound and at-grade systems required to have pressure distribution;
E. provide flow measurement;
F. meet the requirements of part 7080.2150, subparts 2 and 4;
G. meet the requirements of part 7080.2150, subpart 3, items A, B, C, F, I, J, and L; and
H. follow the absorption area loading rates in part 7080.2150, subpart 3, item E, Tables IX and IXa. If the site cannot accommodate a soil treatment and dispersal system sized in accordance with Table IX or IXa in part 7080.2150, subpart 3, item E, a smaller soil treatment and dispersal system is allowed to be constructed if it employs flow restriction devices that do not allow loadings in excess of those in Table IX or IXa of part 7080.2150, subpart 3, item E. In those cases where a loading rate or mound absorption ratio is not listed in Tables IX and IXa in part 7080.2150, subpart 3, item E, an alternative loading rate or absorption ratio is allowed to be proposed.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2350** Type Iv Systems {#sec-7080.2350 omnilex-key=us-mn-regs-official--agency-167--7080.2350}
**Subpart 1. General.**
A system designed according to this part is considered a Type IV system. The system must:
A. employ design flow values in parts 7080.1850 to 7080.1885;
B. meet or exceed applicable technical requirements of parts 7080.1900 to 7080.2030, 7080.2050, and 7080.2100;
C. meet or exceed the requirements of part 7080.2150, subpart 2;
D. meet the requirements of part 7080.2150, subpart 3, except as modified in this part;
E. meet the requirements of Table XI in subpart 2; and
F. meet soil dispersal requirements of parts 7080.2210, 7080.2220, and 7080.2230, except that the reductions in part 7080.2210, subpart 3, item B, are not applicable.
**Subp. 2. Table XI.**
TABLE XI
TREATMENT COMPONENT PERFORMANCE LEVELS AND METHOD OF DISTRIBUTION BY TEXTURE GROUP1
1The treatment component performance levels correspond with those established for treatment components under the product testing requirements in Table III in part 7083.4030.
2 With less than 50 percent rock fragments.
3 Additional vertical separation distance is required as determined in part 7080.2150, subpart 3, item C, subitem (1), unit (b).
**Subp. 3. Soil loading rates.**
The absorption area and mound absorption ratio must be sized according to Table IX or IXa.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2400** Type V Systems {#sec-7080.2400 omnilex-key=us-mn-regs-official--agency-167--7080.2400}
A system designed according to this part is considered a Type V system. The system must:
A. employ design flow values in parts 7080.1850 to 7080.1885;
B. meet the requirements of part 7080.2150, subpart 2; and
C. be designed with a vertical separation that ensures adequate sewage dispersal and treatment. Design factors to consider include, but are not limited to, effluent quality, loading rates, groundwater mounding if loading rates are in excess of those in part 7080.2150, subpart 3, item E, Table IX or IXa, loading methods, and soil conditions. ISTS must not contaminate underground waters or zones of periodic saturation with viable fecal organisms.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2430** Reporting {#sec-7080.2430 omnilex-key=us-mn-regs-official--agency-167--7080.2430}
Phase II design reports must include detailed drawings, design flows, system component sizing and calculations, hydraulic and organic loading rates, setbacks, location and elevations for construction, and management plans as described in part 7082.0600, subpart 1, and a certified statement.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347*
##### **Minn. R. 7080.2440** Collection Systems {#sec-7080.2440 omnilex-key=us-mn-regs-official--agency-167--7080.2440}
Collection of greater than 2,500 gallons per day of sewage from multiple buildings or multiple other establishments discharging into an ISTS must be:
A. according to the Prescriptive Designs and Design Guidance for Advanced Designers, incorporated by reference under part 7080.1550, subpart 2; or
B. designed by a Minnesota licensed professional engineer.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 35 SR 1353*
##### **Minn. R. 7080.2450** Maintenance {#sec-7080.2450 omnilex-key=us-mn-regs-official--agency-167--7080.2450}
**Subpart 1. General.**
All ISTS must be operated under the regulatory requirements of part 7082.0600. ISTS and all components must be maintained in compliance with this chapter and manufacturer requirements. Subpart 2, items A and B, are intended to apply to ISTS and systems that do not qualify as an ISTS, but receives sewage such as cesspools, drywells, leaching pits, or other pits.
**Subp. 2. Frequency of assessment.**
The owner of an ISTS or the owner's agent shall regularly, but in no case less frequently than every three years:
A. assess whether sewage tanks leak below the designed operating depth and whether sewage tank tops, riser joints, and riser connections leak through visual evidence of major defects; and
B. measure or remove the accumulations of scum, grease, and other floating materials at the top of each septic tank and compartment, along with the sludge, which consists of the solids denser than water.
**Subp. 3. Removal of material.**
A. All solids and liquids must be removed by pumping from all tanks or compartments in which the top of the sludge layer is less than 12 inches from the bottom of the outlet baffle or transfer hole or whenever the bottom of the scum layer is less than three inches above the bottom of the outlet baffle or transfer hole. Total sludge and scum volume must not be greater than 25 percent of the tank's liquid capacity.
B. Removal of accumulated sludge, scum, and liquids from septic tanks and pump tanks must be through the maintenance hole. The removal of solids from any location other than the maintenance hole is not a compliant method of solids removal from a sewage tank, and this method does not fulfill the solids removal requirement of this part or a management plan. Liquid and solids removal from clean-out pipes is allowed for holding tanks.
C. After removal of solids and liquids from a system installed after the adoption of a local ordinance adopted after February 4, 2008, the maintenance hole cover must be secured as described in part 7080.1970, item D. Covers secured by screws must be refastened in all screw openings.
D. After removal of solids and liquids from a system installed before the adoption of a local ordinance adopted after February 4, 2008, maintenance hole covers must be sound, durable, and of adequate strength as specified in part 7080.1970, item D, subitem (3), and:
E. Pump tanks must be maintained according to this part. Sludge must be removed if within one inch of the pump intake.
**Subp. 4. Toilet waste treatment devices and privies.**
A. For primitive dwellings using toilet waste treatment devices in low dwelling density areas, septage disposal from these devices by the owner must be in accordance with local ordinances. If no ordinance exists, the septage must not be discharged to surface waters, drainageways, steeply sloping areas, or wet areas in a manner or volume that is harmful to the environment or public health or that creates a nuisance. The material must be buried or covered with soil. For site conditions not met in this subpart, the solids disposal from toilet waste treatment devices shall be according to subpart 6 by a licensed maintenance business.
B. When the privy is filled to one-half of its capacity, the solids must be removed. Abandoned pits must have the sewage solids and contaminated soil removed and must be filled with clean earth and slightly mounded to allow for settling. Removed solids shall be disposed of according to subpart 6.
**Subp. 5. Additives.**
ISTS additives, which are products added to the sewage or to the system with the intent to lower the accumulated solids in sewage, must not be used as a means to reduce the frequency of proper maintenance and removal of sewage solids from the sewage tanks as specified in this part. The use of additives does not fulfill the solids removal requirement of this part or a management plan. ISTS additives that contain hazardous materials must not be used in an ISTS.
**Subp. 6. Septage disposal.**
Septage or any waste mixed with septage must be disposed of in accordance with state, federal, and local requirements for septage and other wastes. If septage is disposed of into a sewage or septage treatment facility, a written agreement must be provided between the accepting facility and the maintenance business.
**Subp. 7. Use of soil treatment site.**
Activities on the current soil dispersal and treatment system or the reserve soil dispersal and treatment area as specified in part 7082.0100, subpart 3, item F, that impair the current or future treatment abilities or hydraulic performance of the soil treatment and dispersal system are prohibited. This includes, but is not limited to, covering all or part of the soil treatment system with an impermeable surface as determined by the local unit of government.
**Subp. 8. System remediation.**
Any maintenance activity used to increase the acceptance of effluent to a soil treatment and dispersal system must:
A. not be used on a system failing to protect groundwater as defined in part 7080.1500, subpart 4, item B, unless the activities meet the requirements of parts 7080.2350 and 7080.2400;
B. not cause preferential flow from the soil treatment and dispersal system bottom to the periodically saturated soil or bedrock; and
C. be conducted by an appropriately certified qualified employee or an appropriately licensed business as specified in part 7083.0790. Any substance added with the intent to increase the infiltration rate of the soil treatment and dispersal system must not contain hazardous substances.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353; 38 SR 1001*
##### **Minn. R. 7080.2500** System Abandonment {#sec-7080.2500 omnilex-key=us-mn-regs-official--agency-167--7080.2500}
**Subpart 1. Tank abandonment.**
All systems with no future intent for use must be abandoned according to this part. Tank abandonment procedures for sewage tanks, cesspools, leaching pits, drywells, seepage pits, vault privies, and pit privies must meet the requirements in items A to C.
A. All solids and liquids must be removed and disposed of according to part 7080.2450, subpart 6, by a licensed maintenance business.
B. All electrical devices and devices containing mercury must be removed and disposed of according to applicable regulations.
C. Abandoned tanks or any other underground cavities must be removed or remain in place and crushed with the remaining cavity filled with soil or rock material.
**Subp. 2. Future discharge.**
Access for future discharge to the system must be permanently denied.
**Subp. 3. Removal of system.**
If soil treatment and dispersal systems are removed, contaminated materials shall be properly handled to prevent human contact. Contaminated materials include distribution media, soil or sand within three feet of the system bottom, distribution pipes, tanks, and contaminated soil around leaky tanks. Contaminated material also includes any soil that received sewage from a surface failure. Contaminated materials must be disposed of according to items A to D.
A. Contaminated materials disposed of off-site must be disposed of according to part 7080.2450, subpart 6.
B. If contaminated material is to be spread or used on-site within one year of contact with sewage, the material must be placed in an area meeting the soil and setback requirements described in part 7080.2150, subparts 2, item F, Table VII, and 3, item C, and the material must be covered with a minimum of six inches of uncontaminated soil and protected from erosion. After one year following contact with sewage, the material is allowed to be spread in any location meeting the setback requirement of part 4725.4450, covered with a minimum of six inches of uncontaminated soil, and protected from erosion. After one year following contact with sewage, the material is allowed to be used to fill in the abandoned in-place sewage tanks.
C. Contaminated pipe, geotextile fabric, or other material must be dried and disposed of in a mixed municipal solid waste landfill.
D. The person or business abandoning the system must complete and sign a record of abandonment that states the system was abandoned according to this part. The record must be sent to the local unit of government within 90 days of abandonment.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
##### **Minn. R. 7080.2550** Seepage Pits, Drywells, and Leaching Pits {#sec-7080.2550 omnilex-key=us-mn-regs-official--agency-167--7080.2550}
**Subpart 1. Intended use of this part.**
This part must be used when conducting existing system compliance inspections. This part defines what constitutes seepage pit, drywell, or leaching pit systems. Seepage pit, drywell, or leaching pit systems are not considered compliant systems as determined in part 7080.1500, subpart 4, item B, but these existing systems may be allowed continued use under Minnesota Statutes, section 115.55, subdivision 5a, paragraph (f), by local units of government that have adopted alternative local standards for these systems under part 7082.0050, subpart 5.
**Subp. 2. Requirements for seepage pits, drywells, and leaching pits.**
A seepage pit, drywell, or leaching pit is a system that:
A. has a sewage tank that does not obviously leak below the designed liquid capacity preceding the pit;
B. has a pit that is not located in a geologic formation that is used as a source of drinking water;
C. has at least three feet of vertical separation from the bottom of the pit to the periodically saturated soil or bedrock;
D. has an absorption area that has been determined by dividing the design flow in parts 7080.1850 to 7080.1885 by the soil loading rate under Table IX or IXa in part 7080.2150, subpart 3, item E, based on the weighted average of each vertical stratum penetrated by the seepage pit, drywell, or leaching pit;
E. has a pit that has not been placed in a soil stratum with any of the United States Department of Agriculture textures classified as a sand or loamy sand, or a percolation rate of less than five minutes per inch;
F. has a pit with a minimum inside diameter of five feet; and
G. meets all setback requirements.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1347; 35 SR 1353*
## **Chapter 7081** MIDSIZED SUBSURFACE SEWAGE TREATMENT SYSTEMS
##### **Minn. R. 7081.0010** Purpose and Intent {#sec-7081.0010 omnilex-key=us-mn-regs-official--agency-167--7081.0010}
A. The proper location, design, installation, use, and maintenance of midsized subsurface sewage treatment systems (MSTS) protects the public health, safety, and general welfare by the discharge of adequately treated sewage to the groundwater. In accordance with the authority granted in Minnesota Statutes, chapters 103F, 103G, 115, and 116, the Pollution Control Agency, hereinafter referred to as the agency, provides minimum environmental protection standards for MSTS as defined in this chapter.
B. These standards shall be adopted countywide and administered and enforced by local units of government as directed by chapter 7082 and Minnesota Statutes, section 115.55.
C. This chapter does not regulate subsurface treatment systems that do not receive sewage as defined in this chapter. If systems regulated under this chapter receive both sewage and nonsewage, the requirements of this chapter apply, plus any additional requirements governing the nonsewage portion of the wastewater. Systems serving two or more dwellings, systems serving other establishments that serve over 20 persons, and systems receiving nonsewage are also regulated under Code of Federal Regulations, title 40, parts 144 and 146.
D. This chapter does not contain design standards for sewage treatment systems that discharge to the ground surface or surface waters. Those systems require a national pollution discharge elimination systems permit.
E. Primarily, this chapter provides measurable performance outcomes for MSTS, but this chapter also includes limited design, construction, inspection, and operational standards that are believed to reasonably protect surface water, groundwater, public health, safety, general welfare, and the environment.
F. In conjunction with these standards, the agency encourages the use of advanced treatment methods and waste reduction to further reduce the discharge of contaminants.
G. Other chapters that have a bearing on MSTS are standards for individual subsurface sewage treatment systems in chapter 7080, administrative requirements for subsurface sewage treatment systems local permit and inspection programs in chapter 7082 and certification and licensing requirements for those who design, install, inspect, maintain, or operate subsurface sewage treatment systems and product registration in chapter 7083.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0020** Definitions {#sec-7081.0020 omnilex-key=us-mn-regs-official--agency-167--7081.0020}
**Subpart 1. Certain terms.**
In addition to the definitions in chapters 7080, 7082, and 7083 and Minnesota Statutes, section 115.55, which are incorporated by reference, the terms used in this chapter have the meanings given them. For the purposes of this chapter, if a term used in this chapter is defined in chapter 7080, 7082, or 7083, it shall apply to MSTS and other SSTS if referenced in later chapters. Certain terms or words used in this chapter must be interpreted as follows: the words "shall" and "must" are mandatory and the words "should" and "may" are permissive. All distances specified in this chapter are horizontal distances unless otherwise specified.
**Subp. 2.**
[Repealed, 38 SR 1001]
**Subp. 3. Groundwater mound.**
"Groundwater mound" means the rise in height of the periodically saturated soil or regional water table caused by the addition of sewage effluent from a subsurface sewage treatment system into the soil.
**Subp. 4. Midsized subsurface sewage treatment system or MSTS.**
"Midsized subsurface sewage treatment system" or "MSTS" means a subsurface sewage treatment system, or part thereof, as set forth in Minnesota Statutes, sections 115.03 and 115.55, that employs sewage tanks or other treatment devices with final discharge into the soil below the natural soil elevation or elevated final grade and that is designed to receive sewage design flow of greater than 5,000 gallons per day to 10,000 gallons per day.
MSTS also includes sewage collection systems and associated tanks that discharge into MSTS treatment or dispersal components. MSTS does not include those components defined as plumbing under the Minnesota Plumbing Code, chapter 4714, except for a building sewer connected to a subsurface sewage treatment system.
**Subp. 5. NPDES permit.**
"NPDES permit" means a national pollutant discharge elimination system permit issued by the agency.
**Subp. 6. Other establishment.**
"Other establishment" means any public or private structure other than a dwelling that generates sewage that discharges to an SSTS.
**Subp. 7. SDS permit.**
"SDS permit" means a state disposal system permit issued by the agency.
**Subp. 7a. SSTS with low impact to potable water.**
"SSTS with low impact to potable water" means an SSTS that is designated by an individual licensed by the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design who has determined that the groundwater plume from a soil dispersal component:
A. is discharging into a surface water bordering the property the SSTS soil dispersal component is located on; and
B. is not discharging into the capture zone of any existing or potential water supply wells.
**Subp. 8. Well capture zone.**
"Well capture zone" means the surface and subsurface area that supplies water to a water supply well.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1400; 35 SR 1353; 38 SR 1001; 40 SR 689; 45 SR 725*
##### **Minn. R. 7081.0040** State Regulation {#sec-7081.0040 omnilex-key=us-mn-regs-official--agency-167--7081.0040}
**Subpart 1. Agency regulation.**
A. All MSTS must be designed and operated according to this chapter, except as modified through an ordinance in compliance with chapter 7082 and Minnesota Statutes, section 115.55. All MSTS must be designed, installed, inspected, pumped, and operated by a qualified employee under part 7083.1010 or a licensed business under part 7083.0710. All MSTS must conform to applicable state statutes and rules.
B. The owner or owners of an SSTS must obtain an SDS permit from the agency according to chapter 7001 when:
C. An SDS permit is required for any subsurface sewage treatment system or group of subsurface sewage treatment systems that the commissioner determines has the potential or an increased potential to cause adverse public health or environmental impacts if not regulated under a state permit. Conditions for these permits include systems in environmentally sensitive areas, unsubstantiated or unexpected flow volumes, and systems requiring exceptional operation, monitoring, and management.
D. If flow values, as determined according to part 7081.0110, are greater than 10,000 gallons per day but an SDS permit is not required because of subpart 1a, item B, flow measurement data generated for making that determination must be submitted to the commissioner for review before a local permit is issued. Information on all subsequent alterations to the flow must also be provided to the commissioner.
**Subp. 1a. Flow determination.**
The owner or owner's agent must determine flow according to this subpart to establish whether an SDS permit is required under subpart 1, item B.
A. For new SSTS and expansions to existing SSTS, the flow must be determined according to item C.
B. For existing SSTS, except as provided under item D, the flow is determined:
C. When determined according to this item, flow is calculated according to part 7081.0110. The highest calculated value of the various methods in Table I under part 7081.0130, subpart 1, must be used to make the determination, with no reduction allowed. An SDS permit is not required if a factor of safety is added to the design flow that results in a design flow that exceeds the SDS permit threshold.
D. Campgrounds and resorts existing as of June 14, 2015, that are open 180 days per year or less must determine flow in accordance with this item or item A or B.
**Subp. 2. Other state regulations.**
A. MSTS must conform to all applicable state statutes and rules.
B. MSTS serving establishments licensed or regulated by the state of Minnesota, or MSTS owned by the state of Minnesota, must conform to this chapter.
**History**
- *Statutory Authority: MS s 115.03; 115.55; L 2015 1Sp4 art 4 s 144*
- *History: 32 SR 1400; 35 SR 1353; 41 SR 312; 45 SR 725*
##### **Minn. R. 7081.0050** Federal Regulation {#sec-7081.0050 omnilex-key=us-mn-regs-official--agency-167--7081.0050}
A. All subsurface sewage treatment systems serving two-family dwellings or larger and systems serving other sewage generating establishments that serve more than 20 people are regulated by the United States Environmental Protection Agency as Class V injection wells under Code of Federal Regulations, title 40, parts 144 and 146. Code of Federal Regulations, title 40, parts 144 and 146, prescribe additional design regulations applicable to certain systems designed under this chapter. In addition, single-family dwellings systems that receive nonsewage wastewater are regulated by these federal regulations. All systems that receive hazardous wastes are regulated by the United States Environmental Protection Agency as Class IV injection wells. Disposal of hazardous waste must be according to state and federal regulations.
B. The owner or owner's agent of a system classified as a Class V injection well shall submit to the commissioner of the Pollution Control Agency and the United States Environmental Protection Agency the inventory information specified in Code of Federal Regulations, title 40, section 144.26.
C. All septage generated from MSTS must be treated and dispersed according to applicable standards for septage in Code of Federal Regulations, title 40, part 503, and any local requirements.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0060** Local Regulation {#sec-7081.0060 omnilex-key=us-mn-regs-official--agency-167--7081.0060}
MSTS must be regulated under local ordinances in compliance with this chapter as described in Minnesota Statutes, section 115.55. Local administrative requirements for design review, construction permit issuance, construction inspections, variance procedures, enforcement, operational requirements, and other administrative processes must be according to chapter 7082.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0070** Variance Procedures {#sec-7081.0070 omnilex-key=us-mn-regs-official--agency-167--7081.0070}
Parts 7081.0080 to 7081.0300 are provided to be incorporated into a local ordinance according to chapter 7082 and Minnesota Statutes, section 115.55. Variance requests to these design standards as adopted into local ordinances made by an owner or owner's agent must be issued or denied by the local unit of government. Variances must not be issued by the local unit of government for the minimal environmental protection outcomes in part 7081.0080, subparts 2 to 5. Variances may be granted to part 7081.0080, subpart 4, item D, subitem (1), for replacement MSTS serving existing dwellings or other establishments.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0080** Performance and Compliance Criteria {#sec-7081.0080 omnilex-key=us-mn-regs-official--agency-167--7081.0080}
**Subpart 1. General.**
New construction, replacement, or existing MSTS designed under this chapter are considered conforming if they meet the requirements of this part. Existing MSTS constructed before February 4, 2008, are considered conforming if they meet the requirements of this part, except for subpart 4, items D and E.
**Subp. 2. Treatment required.**
All sewage discharged from a dwelling or other establishment not served by a system issued a permit containing effluent and discharge limits or specific monitoring requirements by the agency must be treated according to local ordinances that comply with this chapter, chapter 7082, and Minnesota Statutes, section 115.55.
**Subp. 3. Public health and safety; imminent threat.**
A. To be in compliance, all MSTS must:
B. MSTS must be deemed an imminent threat to public health or safety for noncompliance with item A and any other condition that poses an imminent threat as determined by a qualified employee MSTS inspector or licensed MSTS inspection business.
**Subp. 4. Groundwater protection.**
To be in compliance, all MSTS must:
A. meet the requirements of part 7080.1500, subpart 4, item D;
B. not be seepage pits, cesspools, drywells, leaching pits, sewage tanks, and treatment vessels that observably leak below the designated operating depth;
C. not allow viable fecal organisms to contaminate underground waters or zones of seasonal saturation;
D. employ nitrogen reduction processes that reduce nitrogen contribution to groundwater as determined in subitem (1) or (2):
E. not exceed a groundwater discharge of phosphorus to a surface water that exceeds the phosphorus standard to the receiving water.
**Subp. 5. Other conformance.**
To be in compliance, MSTS must meet the requirements of items A and B.
A. All methods and devices used to treat and disperse sewage must be designed to conform to all applicable federal, state, and local regulations.
B. Systems no longer in use must be abandoned according to part 7080.2500.
**Subp. 6. System operation.**
To be in compliance, an MSTS must meet performance standards and be operated and managed according to its operating permit and management plan, as described in part 7081.0290. To be in compliance, an MSTS designed before February 4, 2008, must be operated according to applicable requirements of part 7080.2450.
**Subp. 7. Compliance criteria for systems receiving replacement components.**
Components of existing MSTS that cause noncompliance must be repaired or replaced. The repaired or replacement components must meet technical standards and criteria in parts 7081.0110 to 7081.0280. The remaining components of the existing system must comply with subparts 2 to 5, including subpart 4, item D, if constructed after February 4, 2008.
**Subp. 8. Upgrade requirements.**
A. MSTS in compliance with this part shall be issued a certificate of compliance. Systems found not in compliance shall be issued a notice of noncompliance.
B. MSTS issued a notice of noncompliance based on criteria in subpart 3 shall be repaired or replaced within ten months or as directed by Minnesota Statutes, chapter 145A, whichever is most restrictive.
C. MSTS issued a notice of noncompliance based on criteria in subpart 4 or 5 shall be repaired or replaced according to local ordinance requirements.
D. Systems issued a notice of noncompliance based on criteria in subpart 6 must immediately be maintained, monitored, or managed according to the operating permit.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400; 35 SR 1353*
##### **Minn. R. 7081.0100** Professional Requirements {#sec-7081.0100 omnilex-key=us-mn-regs-official--agency-167--7081.0100}
Systems must be designed, installed, inspected, operated, and maintained by appropriately licensed businesses and certified individuals according to chapter 7083 and other requirements.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0110** Sewage Flow Determination {#sec-7081.0110 omnilex-key=us-mn-regs-official--agency-167--7081.0110}
The design flow is the combined values determined in parts 7081.0120, 7081.0130, and 7081.0140.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0120** Design Flow Determination for Dwellings {#sec-7081.0120 omnilex-key=us-mn-regs-official--agency-167--7081.0120}
**Subpart 1. Sum of design flow for existing dwellings.**
The design flow for MSTS serving existing dwellings is determined by the following calculation in conjunction with part 7080.1850:
the total flow from the ten highest flow dwellings + (total flow from the remaining dwellings * 0.45)
**Subp. 2. New housing developments.**
For new housing developments to be served by a common SSTS, the developer must determine and restrict the total number of bedrooms for the development. Proposed dwellings are determined to be Classification I dwellings for flow determination purposes unless different classifications are approved by the local unit of government. The determined classification system must be used in conjunction with the flow calculation method in subpart 1. If the ultimate development of phased or segmented growth meets or exceeds the thresholds in part 7081.0040, subpart 1, item B, the initial system or systems and all subsequent systems require a state disposal system permit.
**Subp. 3. Additional capacity.**
If construction of additional dwellings or bedrooms, installation of additional water-using devices, or other factors likely to increase the flow volumes can be reasonably anticipated, the MSTS must be designed to accommodate the additional capacity as determined by the local unit of government.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400; 35 SR 1353*
##### **Minn. R. 7081.0130** Flow and Waste Concentration Determination for Other Establishments {#sec-7081.0130 omnilex-key=us-mn-regs-official--agency-167--7081.0130}
**Subpart 1. Method.**
Design flows for other establishments are determined by methods in items A to C. Measured flow values must be used for design flows when they are higher than the estimated flow values from table I.
A. The design flow of sewage for SSTS serving other establishments is estimated using table I. TABLE I ESTIMATED DESIGN SEWAGE FLOW FROM OTHER ESTABLISHMENTS * Waste other than sewage is only allowed to be discharged into the system if the waste is suitable to be discharged to groundwater.
B. The measured design flow of sewage for SSTS serving other establishments is the average of the maximum measured daily flows for a consecutive seven-day period. Measurements must be corrected for occupancy or use according to Prescriptive Designs and Design Guidance for Advanced Designers, incorporated by reference under part 7080.1550, subpart 2.
C. SSTS using the flow determination method from part 7081.0040, subpart 1a, item B, subitem (1), may expand based on those measurements according to the following:
**Subp. 2. Waste concentration.**
If concentrations from the sewage tank to the soil dispersal system are expected to be higher than 170 mg/l BOD (or 125 mg/l CBOD5), 60 mg/l TSS, or 25 mg/l of oil and grease, an estimated or measured average concentration must be determined and be acceptable to the local unit of government. System design must account for concentrations of these constituents so as not to cause internal system malfunction, such as, but not limited to, clogging of pipes, orifices, treatment devices, or media.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400; 35 SR 1353; 45 SR 725*
##### **Minn. R. 7081.0140** Infiltration {#sec-7081.0140 omnilex-key=us-mn-regs-official--agency-167--7081.0140}
The design flow must also include 200 gallons of infiltration and inflow per inch of collection pipe diameter per mile per day with a minimum pipe diameter of two inches to be used for the calculation. Flow values are allowed to be further increased if the system employs treatment devices that are exposed to atmospheric conditions that will infiltrate precipitation. Flow estimates as calculated in this chapter shall not be relied upon for the design of collection systems.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0150** Necessity of Soil and Site Evaluations {#sec-7081.0150 omnilex-key=us-mn-regs-official--agency-167--7081.0150}
Soil and site evaluations must be conducted for MSTS design. The evaluations must be conducted according to parts 7081.0160 to 7081.0200. Evaluations must identify and delineate an initial and replacement soil treatment and dispersal area with appropriate system site boundaries.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400; 38 SR 1001*
##### **Minn. R. 7081.0160** Preliminary Evaluation {#sec-7081.0160 omnilex-key=us-mn-regs-official--agency-167--7081.0160}
A preliminary evaluation consists of determining:
A. the design flow, anticipated effluent concentrations of biochemical oxygen demand, total suspended solids, and oil and grease, and anticipated presence of nondomestic waste from the dwelling, dwellings, or other establishments;
B. whether the location of water supply wells impacts the location of the system due to the setback constraints;
C. whether buildings or improvements will be within 50 feet of the proposed soil dispersal area;
D. whether buried water supply pipes will be within 50 feet of the proposed system;
E. whether easements will be within 50 feet of the proposed system;
F. whether the ordinary high water level of public waters will be within 500 feet of the proposed soil treatment and dispersal area and if so, a preliminary assessment of phosphorus impacts to the surface water;
G. whether the system will be located in a floodplain and the system location in relation to the 100-year flooding elevation from published data if available or data that is acceptable to the local unit of government;
H. the required setbacks from the proposed soil treatment and dispersal system;
I. the soil survey information on the proposed soil dispersal area, including the soil map, map units, landscape position, parent material, flooding potential, slope range, periodically saturated soil level, depth to bedrock, texture, color, and structure of soil horizons, and permeability of soil horizons;
J. the township, range, section number, and other unique property identifiers, as required by the local unit of government, dimensions, and size of the proposed soil treatment area;
K. the names of property owners; and
L. the location of the system on a United States Geological Survey quadrangle map of the proposed soil treatment and dispersal area and the area within one mile.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400; 35 SR 1353*
##### **Minn. R. 7081.0170** Field Evaluation {#sec-7081.0170 omnilex-key=us-mn-regs-official--agency-167--7081.0170}
**Subpart 1. Generally.**
Before conducting a field evaluation, the designer shall confer with the local unit of government to determine the requirements and scope of the evaluation, dependent upon system size, soil conditions, and other applicable factors. At a minimum, the requirements in this part must be met.
**Subp. 2. Property marks.**
Property lines must be identified as acceptable to the owner. Site improvements, required setbacks, and easements must be identified, located, and marked.
**Subp. 3. Site area.**
A general evaluation and description of the proposed soil dispersal area, including a general geomorphic description, current land use, and past land use, if known, must be provided.
**Subp. 4. Surface features.**
The following surface features must be identified and described:
A. the dominant vegetation;
B. evidence of disturbed or compacted soil or flooding or run-on potential; and
C. landscape position, including landform, slope gradient, slope direction, and surface morphometry as described in the Field Book for Describing and Sampling Soils Version 2.0, September 2002, developed by the National Soil Survey Center and Natural Resources Conservation Service of the United States Department of Agriculture. The field book is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system.
**Subp. 5. Soil pits.**
A. Soil pits are required to investigate the soil for MSTS design. The required number of soil pits to adequately define the limiting layer and soil dispersal system sizing must be determined by professional judgment based on the size of the area and consistency of the soil and must be approved by the local unit of government.
B. The qualifying soil pits or borings to be used for the MSTS design must be located on or near the borders of the proposed soil treatment and dispersal area. Soil pits must be dug outside the soil dispersal area if possible. The soil must be observed and described to a depth of at least three feet below the proposed depth of the system. Other soil observations are allowed to be made to supplement the required soil pit information.
C. Underground utilities must be located before soil observations are undertaken. Required safety precautions must be taken before entering soil pits.
**Subp. 6. Soil description.**
A. The soil properties and features in subitems (1) to (13) must be described according to Field Book for Describing and Sampling Soil, version 2, Natural Resources Conservation Service, United States Department of Agriculture (September 2002), for each soil horizon at each qualifying soil pit. The field book is incorporated by reference under subpart 4, item C.
B. The depth of bedrock, if encountered, must be determined by requirements of part 7080.1100, subpart 8.
C. The elevation of standing water evident in any soil pit must be identified.
D. The soil must not be described when frozen, at an improper moisture content, or under poor light conditions.
**Subp. 7. Method.**
Hydraulic conductivity testing of the soil must be employed, along with a determination of the soil's texture, structure, and consistence, to determine the loading rate of effluent to the soil. The frequency of the observations and measurements must be determined by the professional judgment of the designer, dependent on the variation in soil conditions and the system size, with the frequency of the observations and measurements approved by the local unit of government.
**Subp. 8. Comparison with soil survey.**
All field soil information gathered must be compared with soil survey information. Any discrepancies shall be identified.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400; 35 SR 1353*
##### **Minn. R. 7081.0180** Soil Interpretation for System Design {#sec-7081.0180 omnilex-key=us-mn-regs-official--agency-167--7081.0180}
**Subpart 1. Site and soil information.**
Site and soil information gathered in parts 7081.0160 and 7081.0170 must be interpreted for suitability for MSTS siting, design, and construction, with consideration of the following:
A. surface features impacts from precipitation, run-on, and interflow or any other item that could have potential to adversely impact the ability of the soil to accept water;
B. cultural features impacts, including, but not limited to, setbacks and easements;
C. site conditions affecting system layout, distribution system requirements, and constructability;
D. layers of coarse soil textures that affect treatment;
E. disturbed, compacted, cut-filled, or other unnatural condition, if present;
F. the uniformity of the soil over the site;
G. future surrounding land use changes;
H. soil sizing factor or loading rate; and
I. an approximation of the rise in groundwater from system operation as determined by groundwater mounding calculations. A narrative evaluation of the accuracy of the approximation must be provided. The approximation must be related to the requirements in part 7081.0270, subpart 6.
**Subp. 2. Flood fringes.**
Systems proposed to be located in flood fringes must determine feasibility of relocating the system outside the floodplain.
**Subp. 3. Depth.**
The limiting layer in the soil shall be determined based on the depth of bedrock or periodically saturated soil if encountered. The depth to the periodically saturated soil shall be determined according to part 7080.1720, subpart 5, item E, and the depth of bedrock shall be as defined under part 7080.1100, subpart 8.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0190** Site Protection {#sec-7081.0190 omnilex-key=us-mn-regs-official--agency-167--7081.0190}
The proposed soil treatment and dispersal area must be protected from disturbance, compaction, or other damage by staking, fencing, posting, or other effective method.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0200** Soil and Site Report {#sec-7081.0200 omnilex-key=us-mn-regs-official--agency-167--7081.0200}
All information required in parts 7081.0150 to 7081.0180 must be submitted for review and approval by the local unit of government prior to final design. The submittal must also contain:
A. a map of the proposed soil dispersal area, drawn to scale, showing:
B. dates and weather conditions during the field evaluation;
C. elevations of the periodically saturated soil or bedrock;
D. proposed depths of the system bottom;
E. proposed soil loading rate;
F. system site boundaries;
G. anticipated construction-related issues;
H. name, address, telephone number, and certified statement of the certified individual conducting the site evaluation; and
I. a narrative explaining any difficulties encountered during the site evaluation, such as, but not limited to, identifying and interpreting soil and landform features, and how the difficulties were resolved.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0210** Groundwater Investigation {#sec-7081.0210 omnilex-key=us-mn-regs-official--agency-167--7081.0210}
**Subpart 1. Necessity of investigation.**
A preliminary groundwater evaluation must be conducted for all proposed MSTS according to this part.
**Subp. 2. Preliminary investigation.**
The following information must be ascertained from the best available information:
A. the size of the soil dispersal system, proposed loading rate, and system geometry;
B. the township, range, section number, and other unique property identifiers, as required by the local unit of government, of the parcel where the proposed soil dispersal area is to be located;
C. any anticipated discharges from nondomestic sources to the proposed MSTS;
D. the location of the MSTS on a United States Geological Survey quadrangle topographic map, including the area within a one-mile radius of the proposed soil treatment system;
E. a determination of the general geology, periodic soil saturation, regional groundwater setting, and aquifers used for water supply and a description of the general site hydrology characteristics, including, but not limited to, identification and estimated depth measurements to geologic units and aquifers, and identification of groundwater confining strata;
F. a determination whether the proposed system is in a drinking water supply management area, inner wellhead management zone, source water protection area, or groundwater sensitive area;
G. an assessment of all water supply wells within a 300-foot radius of the proposed soil treatment area with a minimum assessment of well locations and casing depths from well construction log records. If no records exist, the well locations and casing depths must be estimated;
H. a determination or estimation of groundwater flow direction; and
I. an assessment of nitrogen impacts from the system.
**Subp. 3. Field or further investigation.**
The designer must consult with the local unit of government to determine whether the local unit of government will require a field or further groundwater investigation and, if so, the extent of the investigation. The field or further investigation must be conducted if information gained in subpart 2 indicates that a proposed system is a potential contaminant threat to a regional water table, an aquifer, or water supply well(s). The threats of concern include, but are not limited to, fecal organism contamination, nitrate contamination, or phosphorus impacts to surface waters.
**Subp. 4. Monitoring.**
The designer must consult with the local unit of government to determine if the local unit of government will require effluent or groundwater monitoring and, if so, the extent of the monitoring. Monitoring must be conducted if information gained in subpart 2 or 3 indicates that a proposed system is a potential contaminant threat to a regional water table, an aquifer, or a water supply well or impacts surface waters. The potential groundwater mound height must be monitored under all MSTS during operation.
**Subp. 5. Hydrological interpretations.**
The information gathered in this part must be used to estimate or measure if the system adequately protects the groundwater and surface water as prescribed in part 7081.0080, subpart 4. The interpretation must include an evaluation of whether contaminant plumes will intersect water supply well capture zones.
**Subp. 6. Groundwater report.**
All information required in this part must be submitted for review and approval of the local unit of government prior to final design, including all applicable information delineated on a map.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0230** Design Standards {#sec-7081.0230 omnilex-key=us-mn-regs-official--agency-167--7081.0230}
A. The design standards for new construction or replacement MSTS in parts 7081.0240 to 7081.0270 are provided to meet many of the public health and environmental outcomes in part 7081.0080. In some cases, specific engineered methods must be employed in addition to the standards provided in parts 7081.0240 to 7081.0270.
B. MSTS must not receive stormwater or other sources of clean water.
C. All structural components of the system and sealants must be designed to operate throughout the system's design life.
D. A flow measure device must be employed on all MSTS.
E. The system must be designed with sufficient access and ports to monitor the system as applicable.
F. MSTS must employ components registered under parts 7083.4000 to 7083.4110 or have sufficient regulatory oversight in the operating permit.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0240** Sewage Tanks {#sec-7081.0240 omnilex-key=us-mn-regs-official--agency-167--7081.0240}
**Subpart 1. General.**
All holding or treatment tanks or vessels, including lined vessels and grease interceptors serving MSTS, must conform to the applicable requirements of part 7080.1900 except as modified in this part or as designed by a professional engineer and approved by the local unit of government.
**Subp. 2.**
[Repealed, 35 SR 1353]
**Subp. 3. Lint filters, effluent screens, and pressure filters.**
An effluent screen or pressure filter must be used on all systems. If multiple septic tanks are used, the effluent screen must be placed in the last tank in the series and provided with an alarm. Lint filters are recommended if the sewage contains laundry waste.
**Subp. 4. Tank geometry.**
The maximum liquid depth of septic tanks to determine liquid capacity must be no greater than 84 inches. The length-to-width ratio and the length-to-depth ratio must facilitate settling of solids.
**Subp. 5. Tank testing.**
All tanks used for MSTS must be tested for watertightness according to part 7080.2010, subpart 3. The test shall be conducted to include the watertightness of all connections and risers.
**Subp. 6. Liners.**
Liners used as watertight barriers for treatment devices must be designed and constructed according to liner requirements developed by the commissioner of the Pollution Control Agency. If conflicts exist between this chapter and those requirements, this chapter applies. Compacted soil liners must not be used as watertight barriers for treatment devices. Liners must be tested and must hold water without loss for 24 hours after being filled to the top of the liner.
**Subp. 7.**
[Repealed, 35 SR 1353]
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400; 35 SR 1353*
##### **Minn. R. 7081.0250** Distribution of Effluent {#sec-7081.0250 omnilex-key=us-mn-regs-official--agency-167--7081.0250}
Distribution of effluent into a soil treatment and dispersal system must comply with part 7080.2050 or be designed by a registered professional engineer and approved by the local unit of government. MSTS must employ pressure distribution. The distribution system must be designed to dose and rest zones in accordance with operational requirements.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0260** Dosing of Effluent {#sec-7081.0260 omnilex-key=us-mn-regs-official--agency-167--7081.0260}
A. Dosing of effluent into a soil treatment and dispersal system must comply with part 7080.2100 except as modified in this part.
B. The dosing system must include an alternating two-pump system and have a minimum total capacity of 50 percent of the design flow.
C. The pump discharge capacity must be based on the perforation's discharge, with a minimum average head of two feet for 1/4 inch and 3/16 inch perforations and five feet for 1/8 inch perforations.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0270** Final Treatment and Dispersal {#sec-7081.0270 omnilex-key=us-mn-regs-official--agency-167--7081.0270}
**Subpart 1. General.**
Final treatment and dispersal must be according to applicable design requirements in chapter 7080, except as modified in this part. Code of Federal Regulations, title 40, parts 144 and 146, prescribe additional design regulations applicable to certain systems designed under this chapter. At a minimum, flow amounts to be used for the purposes of this part must be derived from part 7081.0110.
**Subp. 2. Setbacks.**
MSTS components must meet the setbacks in Table II.
*Setbacks from buried water pipes and water supply wells are governed by chapters 4714 and 4725, respectively.
**If setbacks are reduced through local administrative processes, the system shall not be located under or within the structure.
***Setbacks from lakes, rivers, and streams are governed by chapters 6105 and 6120.
**Subp. 3. Minimal soil and site conditions.**
The site proposed to support the soil treatment and dispersal system must:
A. have the upper 12 inches of the absorption area:
B. meet the area size requirements in subpart 5 and setbacks in subpart 2 and all easements;
C. not be a wetland or floodway;
D. not be in an area in which surface runoff from precipitation will concentrate (concave hillslope); and
E. allow the system to be placed on contour.
**Subp. 4. Inspection pipes.**
Inspection pipes must be located to adequately assess the hydraulic performance of the entire soil dispersal system.
**Subp. 5. Soil absorption area sizing.**
A. Effluent loading rates to the soil must be determined in:
B. If the absorption area receives septic tank or treatment level C effluent as described in part 7083.4030, the absorption area shall be increased by 50 percent of the amount derived in item A, subitem (1), and zoned for dosing and resting.
**Subp. 6. System geometry, lawn area sizing, and groundwater mounding.**
The system geometry and lawn area sizing shall be sized to prevent groundwater mounding from violating the unsaturated zone beneath the soil system according to subpart 7, for proper hydraulic functioning, and for concentration reduction of nitrogen and phosphorus, if applicable.
**Subp. 7. Reserve land area.**
Additional set-aside land area of 100 percent of the size determined in subpart 6 is required for systems whose absorption area receives effluent meeting treatment level A or B in part 7083.4030 or designed in accordance with part 7080.2400. Additional land area of 50 percent of the size determined in subpart 6 is required for systems whose absorption area receives treatment level C in part 7083.4030. The reserve land area must be identified and protected for future use if necessary. Replacement MSTS proposed on sites that cannot meet this requirement are allowed to be exempted by the local unit of government.
**Subp. 8. Soil treatment zone.**
For treatment of effluent by soil to meet the performance criteria in part 7081.0080, subpart 4, item C, the soil treatment and dispersal systems must meet the requirements of item A, B, or C.
A. For soil treatment and dispersal systems that receive treatment level A-2, B-2, or C effluent as described in part 7083.4030, the soil treatment zone requirements must meet part 7080.2150, subpart 3, item C. The required three-foot vertical separation must be maintained during operation after accounting for groundwater mounding.
B. For soil treatment and dispersal systems that receive treatment level A or B effluent as described in part 7083.4030, the soil treatment zone requirements must meet part 7080.2150, subpart 3, item C, unless it is modified in Table XI of part 7080.2350, subpart 2, with a minimum vertical separation of two feet. The required vertical separation must be maintained during operation after accounting for groundwater mounding.
C. The minimum vertical separation can be determined by the method described in part 7080.2400 to meet provisions of part 7081.0080, subpart 4, item C, if allowed by the local unit of government.
D. An observation well to measure the height of the periodically saturated soil beneath the operating system must be installed and monitored according to the operating permit.
**Subp. 9. Nitrogen reduction.**
Systems must employ nitrogen mitigation methods to achieve compliance with part 7081.0080, subpart 4, item D, and must be monitored in accordance with part 7081.0210, subpart 4.
**Subp. 10. Phosphorus reduction.**
Phosphorus mitigation methods must be employed to achieve compliance with part 7081.0080, subpart 4, item E, if natural processes are found inadequate.
**Subp. 11. Design report.**
All information required in this part shall be submitted for review and approval by the local unit of government prior to system construction, including all applicable information delineated on a map.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1400; 35 SR 1353; 38 SR 1001; 40 SR 689*
##### **Minn. R. 7081.0275** Collection Systems {#sec-7081.0275 omnilex-key=us-mn-regs-official--agency-167--7081.0275}
The collection system for collection of sewage from multiple buildings or multiple other establishments discharging into an MSTS must be designed:
A. according to the Prescriptive Designs and Design Guidance for Advanced Designers, incorporated by reference under part 7080.1550, subpart 2; or
B. by a Minnesota licensed professional engineer.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 35 SR 1353*
##### **Minn. R. 7081.0280** Construction Requirements {#sec-7081.0280 omnilex-key=us-mn-regs-official--agency-167--7081.0280}
A. MSTS construction must be according to applicable construction requirements of chapter 7080.
B. The advanced designer must observe critical periods of system construction. The designer shall prepare a report of observed construction activities and submit the report to the local unit of government prior to final inspection.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400; 38 SR 1001*
##### **Minn. R. 7081.0290** Operation and Maintenance {#sec-7081.0290 omnilex-key=us-mn-regs-official--agency-167--7081.0290}
A. New and existing systems must be maintained according to part 7080.2450 except as modified in this part.
B. All external grease interceptors must be routinely inspected to determine the volume of grease present. All external grease interceptors must be properly maintained to prevent clogging of downstream piping and system components.
C. For all systems constructed after February 4, 2008, the designer must complete an operation and maintenance manual and the manual must be submitted to the local unit of government before system operation. The manual shall include a copy of the plans and specifications, as-built drawings of the system, and information to properly operate the system.
D. All new systems shall be operated under a local operating permit submitted and approved with the design.
E. All groundwater shall be monitored in accordance with part 7081.0210, subpart 4.
F. Any operational noncompliance must be immediately corrected and reported by the owner or service provider to the local unit of government.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
##### **Minn. R. 7081.0300** System Abandonment {#sec-7081.0300 omnilex-key=us-mn-regs-official--agency-167--7081.0300}
MSTS no longer in use must be abandoned according to part 7080.2500.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1400*
## **Chapter 7082** LOCAL ISTS PROGRAMS
##### **Minn. R. 7082.0010** Purpose and Intent {#sec-7082.0010 omnilex-key=us-mn-regs-official--agency-167--7082.0010}
**Subpart 1. Effect.**
The proper location, design, installation, use, and maintenance of subsurface sewage treatment systems (SSTS) protects the public health, safety, and general welfare by the discharge of adequately treated sewage to groundwater.
**Subp. 2. Authority.**
In accordance with the authority granted in Minnesota Statutes, chapters 103F, 103G, 115, and 116, the Pollution Control Agency provides the minimum standards for local SSTS ordinances and administrative programs. The agency offers these standards to reasonably ensure proper permitting, inspection, and operation of SSTS.
**Subp. 3. Local ordinances; construction.**
Local ordinances referencing individual sewage treatment rules issued by the agency shall be construed to mean rules governing both individual subsurface sewage treatment systems and mid-sized subsurface sewage treatment systems, as defined in parts 7080.1100, subpart 41, and 7081.0020, subpart 4.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1413*
##### **Minn. R. 7082.0020** Definitions {#sec-7082.0020 omnilex-key=us-mn-regs-official--agency-167--7082.0020}
**Subpart 1. Certain terms.**
In addition to the definitions in chapters 7080, 7081, and 7083 and Minnesota Statutes, section 115.55, which are incorporated by reference, the terms used in this chapter have the meanings given them. For purposes of these standards, certain terms or words are interpreted as follows: the words "shall" and "must" are mandatory and the word "may" is permissive.
**Subp. 2. Permittee.**
"Permittee" means a person who is named on a permit issued pursuant to local ordinance.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1413*
##### **Minn. R. 7082.0040** Regulatory Administration Responsibility {#sec-7082.0040 omnilex-key=us-mn-regs-official--agency-167--7082.0040}
**Subpart 1. Agency responsibilities.**
The agency is responsible for providing the framework for local SSTS ordinances along with providing minimum administrative procedures or strategies to ensure effective permitting and inspection of SSTS. The agency is also responsible for reviewing local ordinances to ensure adequate protection of public health and the environment and that local administration is sufficient to ensure compliance.
**Subp. 2. County responsibilities.**
A. All counties must adopt and implement SSTS ordinances in compliance with chapters 7080 and 7081 that also comply with this chapter. Ordinances must apply to all land area within the county, except in towns and cities that have adopted ordinances that are in conformance with the county ordinance and this chapter. All counties with SSTS ordinances must permit and inspect SSTS within cities and townships that do not administer an SSTS ordinance that complies with these rules.
B. Counties must send written invitations to all cities and townships within the county soliciting their input and involvement with the county-coordinated process of establishing countywide SSTS ordinance standards.
**Subp. 3. City and township responsibilities.**
Cities and townships with SSTS ordinances must effectively administer and enforce an ordinance that conforms with this chapter and is administratively and technically as strict as the county ordinance, as determined by the agency. Cities and townships are authorized to adopt conventional programs as described in part 7082.0050, subpart 3, even if the county has adopted a performance program.
**Subp. 4. Required fiscal and physical capacity for local programs.**
All local governments that administer SSTS programs must have:
A. adequate personnel to properly conduct SSTS technical and administrative functions. All local governments that administer SSTS programs must have:
B. an enforceable ordinance that meets the requirements of this chapter.
**Subp. 5. Reporting requirements for all local programs.**
Local units of government that administer SSTS programs must provide an annual report to the commissioner. The report must be submitted to the commissioner no later than February 1 for the previous calendar year. The report must include:
A. the name and address of the program administrator, all qualified employees, and contracted licensed businesses authorized to perform services on behalf of the local unit of government;
B. the number of permits issued in the reporting year in the following categories:
C. the total number of systems serving full-time residences and seasonal residences, the total number of cluster systems, and the total number of other establishments in the jurisdiction;
D. the estimated percentage of existing SSTS in compliance within the local government's jurisdictional boundaries and how the estimate was developed;
E. the number of septic system tanks installed by each licensed installation business or homeowner;
F. the number of systems regulated under an operating permit;
G. for counties, the names of cities and townships that have local ordinances within the county; and
H. a narrative description of problem areas in local SSTS administration.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1413; 35 SR 1353; 38 SR 1001*
##### **Minn. R. 7082.0050** General Requirements for Local Ordinances {#sec-7082.0050 omnilex-key=us-mn-regs-official--agency-167--7082.0050}
**Subpart 1. Adoption of local ordinances.**
A. The regulation of SSTS by local governments must be implemented through an ordinance based on the requirements of this chapter, except that counties are allowed to choose between options described in subpart 3 or 4 and are allowed to adopt alternative local standards according to subpart 5. Cities and towns must adopt the regulatory option used by the county and must be as strict as the county ordinance. Cities and townships are authorized to adopt conventional programs as described in subpart 3 even if the county has adopted a performance program.
B. County ordinances that administer SSTS programs must be updated to the standards of chapters 7080 to 7083 within 24 months of February 4, 2008. City and township ordinances must be updated no more than 12 months after adoption of the county ordinance in which the city or township is located and must comply with the standards of chapters 7080 to 7083 and must be as strict as the applicable county ordinance.
**Subp. 2. Review by agency.**
A. A copy of all local ordinances regulating SSTS and all future ordinances or amendments must be submitted to the commissioner 30 days prior to adoption, accompanied by a completed ordinance review checklist on a form provided by the commissioner.
B. Local ordinances and programs must be reviewed by the commissioner for compliance with this chapter and to ensure that, based on local circumstances in that jurisdiction, the ordinance adequately protects public health and the environment. The commissioner must complete the ordinance review within six months of receipt. A local unit of government is authorized to implement ordinances during the review process. The commissioner must supply comments on the ordinance to the local unit of government when the review is complete.
**Subp. 3. Conventional programs.**
Each SSTS ordinance must have technical standards. Conventional programs are comprehensive programs that employ ISTS and MSTS technical standards and criteria as specified in chapters 7080 and 7081 and program administrative functions in parts 7082.0100, subparts 1, 2, 3, and 5, and 7082.0300 to 7082.0700.
**Subp. 4. Performance programs.**
A county is authorized to further choose to develop and implement a comprehensive, performance-based program using ISTS and MSTS designs tailored to adequately protect the public health and the environment based on local environmental sensitivity. Performance programs must meet the requirements of the conventional program plus include provisions necessary to implement part 7082.0100, subpart 4.
**Subp. 5. Requirements for alternative local standards.**
Counties are authorized to adopt and enforce by ordinance alternative local standards for existing or new construction or replacement of SSTS as part of a conventional program. The alternative local standards must protect public health and the environment as stipulated in Minnesota Statutes, section 115.55, subdivision 7, paragraphs (a) and (b), and must comply with items A to H.
A. Except as provided in items G and H, alternative local standards must not apply to systems in shoreland areas or wellhead protection areas or systems serving food, beverage, or lodging establishments.
B. Alternative local standards must comply with requirements of other applicable state laws or rules or local ordinances.
C. Local SSTS ordinances with alternative local standards for existing systems must include a time period to upgrade, replace, or discontinue use of a noncomplying system. The draft local ordinance, including the alternative local standards, must be submitted to the commissioner for comment before adoption to demonstrate that, based on local circumstances in that jurisdiction, the alternative local standards adequately protect public health and the environment. Possible considerations for justification of the alternative local standard for existing systems include:
D. In accordance with Minnesota Statutes, section 115.55, subdivision 7, paragraph (b), counties are authorized to adopt alternative local standards that are less restrictive than the agency's rules for new construction or replacement in areas of sustained and projected low population density where conditions render conformance to this chapter difficult or otherwise inappropriate after submitting documentation of the following information and conditions to the commissioner:
E. If the draft county SSTS ordinance includes alternative local standards for new construction and replacement, the ordinance must be submitted to the local water planning advisory committee created under Minnesota Statutes, section 103B.321, subdivision 3, and then submitted with justification to the commissioner at least 30 days before adoption for review and comment demonstrating that the ordinance adequately protects public health and the environment.
F. When a county has completed the applicable steps in this subpart, an ordinance containing alternative local standards may be adopted. The county is responsible for developing the processes and procedures necessary to administer the conventional program in addition to the alternative local standards. Processes and procedures must include providing maps to SSTS professionals depicting the areal extent of the alternative local standards, developing inspection procedures to be used to verify compliance with the alternative local standards for both new and existing systems, and developing an addendum to the state's existing system inspection form that reflects the altered compliance standards for the alternative local standards systems in the county, if applicable.
G. A county may adopt alternative local standards for new or replacement residential systems with flow of 2,500 gallons per day or less for systems in shoreland areas regulated under Minnesota Statutes, sections 103F.201 to 103F.221, if the alternative standards are no less stringent than provisions of chapter 7080 that went into effect on April 3, 2006.
H. A county may adopt alternative local standards for new or replacement residential systems with flow of 2,500 gallons per day or less for systems used in connection with food, beverage, and lodging establishments regulated under Minnesota Statutes, chapter 157, if the alternative standards are no less stringent than provisions of chapter 7080 that went into effect on April 3, 2006, except that the waste strength must meet the standards established in part 7080.2150, subpart 3, item K. If additional treatment of waste is needed to meet the standard in part 7080.2150, subpart 3, item K, the treatment must be in accordance with part 7080.2150, subpart 3, item A.
**History**
- *Statutory Authority: MS s 14.386; 115.03; 115.55*
- *History: 32 SR 1413; 35 SR 1353; 37 SR 483*
##### **Minn. R. 7082.0100** Requirements for Local Ordinances {#sec-7082.0100 omnilex-key=us-mn-regs-official--agency-167--7082.0100}
**Subpart 1. Requirement.**
All SSTS ordinances must contain the provisions in items A to C.
A. A provision requiring the upgrade, replacement, repair, or discontinued use of a system failing to protect groundwater as described in part 7080.1500, subpart 4, item B, within a specified time period after the owner receives a notice of noncompliance.
B. A provision requiring the upgrade, replacement, repair, or discontinued use of a system that represents an imminent threat to public health or safety as described in part 7080.1500, subpart 4, item A, within ten months after the owner receives a notice of noncompliance or within a shorter period if required by an applicable local ordinance.
C. Local ordinance requirements regulating vertical separation for systems built before April 1, 1996, in systems that are not SWF as defined in part 7080.1100, subpart 84, must meet the requirements in part 7080.1500, subpart 4, item E.
**Subp. 2. List of differences.**
A local unit of government must prepare and make available to the commissioner, and to the public upon request, a written list of all technical and administrative differences between its ordinance and chapters 7080 and 7081.
**Subp. 3. Additional ordinance requirements for all programs.**
Ordinances adopted by a local unit of government under part 7082.0050 must contain the provisions in items A to R.
A. A provision that requires all design, installation, alteration, repair, maintenance, operation, pumping, and inspection activities for SSTS to be completed by an appropriately licensed business, an appropriately certified qualified employee, or a person exempted under part 7083.0700, subpart 1. A local unit of government is not authorized to require additional local licenses, local registrations, local certificates, or other similar professional credentials to perform SSTS work.
B. A provision that requires abandonment of SSTS, or part thereof, that will no longer be used, according to part 7080.2500.
C. Technical standards and criteria for new and existing SSTS that adequately protect the public health and environment, as determined by parts 7080.1500, 7080.2150, subpart 2, and 7081.0080. The local unit of government is authorized to specifically adopt technical standards in parts 7080.1710 to 7080.2400 and 7081.0110 to 7081.0290.
D. Whether variances to local ordinance provisions are allowed and, if so, the specific variance procedures required to obtain a variance from local ordinance requirements.
E. Provisions for design review, permit issuance, construction inspection, and system management.
F. A provision that requires that all lots created after January 23, 1996, have a minimum of two soil treatment and dispersal areas that support systems as described in parts 7080.2200 to 7080.2230 or site conditions described in part 7081.0270, subparts 3 to 7, as applicable.
G. A provision that specifies the conditions necessary to allow the use of holding tanks. The ordinance must specify holding tank operation and maintenance requirements. At a minimum, a monitoring and disposal contract signed by the owner and a licensed maintenance business is required unless the owner is a farmer exempt from licensing under Minnesota Statutes, section 115.56, subdivision 2 paragraph (b), clause (3). The homeowner is responsible for ensuring that the contract guarantees the removal of the tank contents before overflow or any discharge.
H. A provision that prohibits surface discharge of sewage from SSTS unless issued a national pollution discharge elimination system permit by the agency.
I. A provision specifying the allowable use and location of SSTS in floodplains in compliance with applicable state and local requirements.
J. A provision requiring that a management plan be submitted by the designer to the local unit of government before issuance of a construction permit for all new or replacement ISTS as described in part 7080.1100, subparts 51 and 66.
K. A provision requiring operating permits for all systems installed under parts 7080.2350 and 7080.2400 and chapter 7081. An operating permit is recommended for holding tanks regulated under part 7080.2290.
L. For systems not operated under a management plan, a provision requiring solids removal from septic tanks or determination of the need to remove solids from septic tanks no less than every three years. The ordinance must require removal of solids if the solids accumulation needs to be removed based on part 7080.2450.
M. A provision requiring that all owners of new or replacement Class V injection wells, as defined in Code of Federal Regulations, title 40, part 144, submit inventory information to the Environmental Protection Agency and the agency and that all Class V wells be identified as such in property transfer disclosures.
N. A provision outlining how conflicting inspections and other technical disputes between SSTS certified individuals will be resolved if they occur as described in part 7082.0700, subpart 5.
O. A provision specifying what level of local approval is needed for repair, rejuvenation, or remediation of SSTS, as defined in local ordinance.
P. A provision specifying the allowed methods to determine the loading rate from part 7080.2150, subpart 3, item E, Table IX or IXa, for sizing of soil treatment and dispersal systems.
Q. A provision that requires all sewage generated in the jurisdiction to be treated either in an agency-permitted facility or a system that meets the requirements of an ordinance adopted under this chapter.
R. If the ordinance allows a reduced vertical separation distance as described in part 7080.1500, subpart 4, item D, it must not allow more than a 15 percent reduction in the vertical separation distance to account for settling of sand or soil, normal variation of measurements, and interpretations of the limiting layer conditions.
**Subp. 4. Ordinance requirements for performance programs.**
Performance programs are broader in scope than conventional programs and go beyond the minimum technical requirements of this chapter. Performance programs must meet the requirements of subpart 3 and items A to J.
A. An education program must be established to educate owners on the purpose, use, and care of SSTS and notify owners of impending scheduled submittals of compliance monitoring reports.
B. A program must be established to evaluate potential risks of SSTS-receiving environments, inform the local planning authority of changes in regulations, and evaluate the potential impacts of SSTS regulation changes on land use.
C. A program must be established to determine performance requirements necessary to protect public health and water resources for each defined receiving environment in the regulatory jurisdiction. At a minimum, the performance requirements must protect underground sources of drinking water according to chapter 4717 and protect surface waters according to chapter 7050.
D. The ordinance must establish site evaluation requirements that define the process to characterize the receiving environment.
E. A program must be established to administer renewable operating permits issued to system owners, stipulating system performance and compliance monitoring requirements renewable upon documentation of compliance with operating permit stipulations. The program must provide for tracking and reviewing compliance monitoring reports for timely submittal by owners and ensuring the system is operating within its performance requirements stipulated in the operating permit.
F. A program must be established to track residuals hauling, treatment, and disposal according to Code of Federal Regulations, title 40, part 503, and Use and Disposal of Sewage Sludge, Code of Federal Regulations, title 40, part 257, and applicable state, tribal, and local requirements.
G. A program must be established for notifying owners of pending scheduled submittals of compliance monitoring reports and performing system inspections randomly or at the time of operating permit renewal.
H. An enforcement program must be established that includes penalties for failure to comply with the compliance schedule and requires system assessments by a certified inspector at the time of operating permit renewal.
I. A record-keeping program must be established that includes a database inventory of all systems, including locations, site evaluations, record drawings, permits, and inspection reports, tracking for operating permits, and compliance reporting.
J. A financial assistance and funding program must be established providing the legal and financial support to sustain the management program.
**Subp. 5. More restrictive.**
Technical or administrative requirements in local ordinances are allowed to be more restrictive than this chapter.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1413; 35 SR 1353*
##### **Minn. R. 7082.0300** Local Program Administration {#sec-7082.0300 omnilex-key=us-mn-regs-official--agency-167--7082.0300}
**Subpart 1. Variance from requirements of this chapter.**
A. A local unit of government is authorized to request a variance from the commissioner from the standards in this chapter or request a variance to the public health or environmental protection standards in parts 7080.2150, subpart 2, and 7081.0080, subparts 2 to 5.
B. Before granting a requested variance, the commissioner must find that by reason of exceptional circumstances, the strict enforcement or strict conformity with this chapter or public health or environmental standards would be unreasonable, impractical, or not feasible under the circumstances. The commissioner may permit a variance under part 7000.7000 in harmony with the general purpose of this chapter and chapters 7080 and 7081 and the intent of applicable state laws. The variance request must contain, as applicable:
C. Variances must be submitted to and approved by the commissioner prior to implementation.
**Subp. 2. Prohibited variation.**
A. Local ordinances or locally issued variances must not deviate from flow determinations under part 7081.0110 if the deviation reduces the average daily flow from more than 10,000 gallons to 10,000 gallons per day or less without approval of the commissioner.
B. Programs adopted under part 7082.0100, subpart 3, must not issue variances from provisions in part 7080.2150, subpart 2, items A to D, or 7081.0080, subparts 2 to 5.
C. Only the governing state agency or locally delegated authority is authorized to issue variances to chapters 4714, 4720, 4725, 6105, and 6120.
**Subp. 3. Variation from local ordinance requirements.**
Variances to standards and criteria not listed in subpart 2 are allowed to be granted on a site-by-site basis by the local unit of government, if applicable local variance procedures are followed.
**Subp. 4. Record-keeping requirements.**
Local units of government must maintain records of certificates of compliance, notices of noncompliance, permit applications, issued permits, enforcement proceedings, variance requests, and other actions taken. Records must be available for review by the commissioner. Permit files must also include:
A. site evaluation reports, including items identified in parts 7080.1730 and 7081.0200;
B. design reports for items identified in parts 7080.2430 and 7081.0270, subpart 11;
C. as-built drawings;
D. management plans and results from approved management plans; and
E. an annual list of all sewage system tanks installed in the jurisdiction, sorted by the licensed installation business.
**Subp. 5. Enforcing local ordinances.**
Local units of government shall administer local programs and enforce local ordinances that regulate SSTS as adopted in compliance with this chapter. Local units of government are authorized to also enforce local ordinances under Minnesota Statutes, section 115.071, subdivisions 3 and 4.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1413; 35 SR 1353; 40 SR 689*
##### **Minn. R. 7082.0500** Permit Program for Ssts {#sec-7082.0500 omnilex-key=us-mn-regs-official--agency-167--7082.0500}
**Subpart 1. General requirements for permit program.**
A. Local units of government shall enforce local ordinances that regulate SSTS through permitting programs that meet the minimum requirements of this chapter.
B. A local unit of government with an SSTS ordinance adopted under part 7082.0040, subparts 2 and 3, must have a permit program that specifically addresses the following:
C. Permits must be required for all new construction and replacement. A local unit of government is authorized to require permits for all or certain types of SSTS repairs.
D. A local unit of government with a local ordinance to regulate bedroom additions must comply with subpart 3, item C.
**Subp. 2. SSTS permit application requirements.**
SSTS permit applications must require the submittal of exhibits necessary for issuing a permit as described in this chapter, along with general requirements for identifying the property and owners, a site evaluation report, a design report, a management plan, and any other information requested by the local unit of government pertinent to this process. Exhibits for site evaluation, design, and applicable construction information must be complete and include a certified statement from the certified person who conducted or oversaw the work. An approval process must be developed to address changes in the approved design that served as the basis for issuing a permit.
**Subp. 3. Permit approval requirements and procedures.**
The permit program must include the requirements in items A to D.
A. A qualified employee with jurisdiction or licensed inspection business who is authorized by the local unit of government must review the permit application and other exhibits to determine whether site evaluation procedures, observations, and conclusions are accurate and fulfill applicable requirements and whether the proposed system will meet applicable requirements. An infield verification of the periodically saturated soil or bedrock at the proposed soil treatment and dispersal sites must be conducted by a qualified employee with jurisdiction or licensed inspection business who is authorized by the local unit of government. An advanced inspector is required to perform the duties listed in this item for Type IV and Type V ISTS as described in parts 7080.2350 and 7080.2400, ISTS design flow of greater than 2,500 gallons per day, and MSTS. The infield verification of the periodically saturated soil or bedrock must occur prior to issuance of the certificate of compliance.
B. The local unit of government must review and either approve or deny the permit application before issuing a construction permit. Construction must not be initiated until a construction permit is granted. Final approval of the system must be evidenced by issuance of a certificate of compliance.
C. Local units of government shall not issue a building permit or variance for a bedroom addition on property served by a system unless the SSTS is in compliance with applicable requirements, as evidenced by a certificate of compliance. A local unit of government is authorized to temporarily waive the certificate of compliance requirement in this item for a bedroom addition permit for which application is made during the period from November 1 to April 30, provided a compliance inspection of the system is performed by the following June 1 and the applicant submits a certificate of compliance by the following September 30. This item does not apply if the local unit of government does not have an ordinance requiring a permit to add a bedroom.
D. A licensed inspection business working on behalf of a local unit of government must not design or install systems that the business will be responsible for permitting or inspecting as part of its local government duties.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1413; 35 SR 1353*
##### **Minn. R. 7082.0600** System Management {#sec-7082.0600 omnilex-key=us-mn-regs-official--agency-167--7082.0600}
**Subpart 1. Management plans.**
A. Local units of government must require management plans for all new or replacement SSTS as described in parts 7080.2210 to 7080.2400. These plans must be submitted to the local government before issuance of a construction permit.
B. Management plans must include:
**Subp. 2. SSTS operating permits.**
A. Local units of government must issue and enforce an operating permit for SSTS specified in part 7082.0100, subpart 3, item K.
B. An operating permit must include:
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1413; 35 SR 1353*
##### **Minn. R. 7082.0700** Inspection Program for Subsurface Sewage Treatment Systems {#sec-7082.0700 omnilex-key=us-mn-regs-official--agency-167--7082.0700}
**Subpart 1. Inspection requirements.**
Local units of government must adopt and implement a construction inspection program for new construction and replacement SSTS to enforce requirements under this chapter. The construction inspection program must specify the frequency and times of inspections, specify the requirements of an inspection, establish an inspection protocol, provide for when an inspection cannot be completed in a timely manner, and, at a minimum, include the requirements for a compliance inspection under subparts 2 and 3, except for subpart 3, item E.
**Subp. 2. Compliance inspection; new construction or replacement.**
A. A compliance inspection for all new construction or replacement must be conducted:
B. A licensed inspection business that inspects an existing SSTS is allowed to subsequently design and install a new SSTS for that property, provided the inspection business is also licensed to design and install.
C. A licensed inspection business working on behalf of a local unit of government must not design or install a new or replacement system if there is a likelihood that the inspector or business will be responsible for permitting or inspecting the new or replacement system or system site.
D. A licensed inspection business may inspect an existing system that they designed or installed once it has been independently inspected.
E. A person working for or on behalf of a local unit of government is not allowed to use the person's position to solicit for private business gain.
**Subp. 3. Certificate of compliance; notice of noncompliance.**
A. SSTS in compliance with applicable requirements must be issued a certificate of compliance and systems found not in compliance must be issued a notice of noncompliance. SSTS not in compliance with part 7080.1500, subpart 4, item A, or 7081.0080, subpart 3, must be repaired or replaced within ten months or as directed under Minnesota Statutes, chapter 145A. Systems out of compliance with other applicable requirements must be repaired or replaced according to local ordinance requirements. Systems issued a notice of noncompliance for operational or monitoring deficiencies must immediately be maintained, monitored, or managed according to the operating permit.
B. The initial certificate of compliance must be issued if reasonable assurance is evident that the system was built according to applicable requirements as specified in the construction permit.
C. Local units of government must develop a certificate of compliance document or use a certificate of compliance developed by the agency for new construction and replacement. The certificate of compliance for new construction and replacement must include the vertical separation distance report described in subpart 4, item B, subitem (2), and the management plan developed under part 7082.0600, subpart 1. All certificates of compliance and notices of noncompliance for new construction and replacement must include property and property owner identification, date of inspection, system components, system location (dimensioned or drawn to scale), well setback distance, field check of soil conditions, SWF, as defined under part 7080.1100, subpart 84, designations as applicable, and Class V designation as applicable.
D. A certificate of compliance or notice of noncompliance for new construction or replacement must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance for new construction and replacement must be submitted to the local unit of government no later than 15 days after any compliance inspection. The certificate of compliance or notice of noncompliance for new construction and replacement must be submitted to the owner or owner's agent within 15 days after any compliance inspection.
E. A certificate of compliance or notice of noncompliance must include a certified statement from the certified individual or qualified employee who conducted the compliance inspection and indicate whether the SSTS is in compliance with local ordinance requirements.
F. If a compliance inspection for new construction and replacement indicates that the system is not in compliance with applicable requirements, the notice must contain a statement to this effect and specify the reason for noncompliance.
G. Certificates of compliance for new construction or a replacement system remain valid for five years from the date of issuance unless the local unit of government finds evidence of noncompliance.
**Subp. 4. Compliance inspection; existing systems.**
A. A compliance inspection of an existing system must first determine whether the soil dispersal system, sewage tanks, or other conditions pose an imminent threat to public health and safety as defined in part 7080.1500, subpart 4, item A. A determination must then be made as to whether the sewage tanks and soil dispersal area are failing to protect ground water as defined in part 7080.1500, subpart 4, item B. The inspection must also verify compliance with part 7080.1500, subpart 4, item C.
B. The agency's inspection report form for existing SSTS, supplemented with any necessary or locally required supporting documentation, must be used for the existing system compliance inspections in subitems (1) to (4). Allowable supporting documentation includes tank integrity assessments made within the past three years and prior soil separation assessments.
C. A certificate of compliance or notice of noncompliance for an existing system must be based on the results of the verifications in item B. The certificate of compliance or notice of noncompliance for an existing system must be signed by a licensed inspection business or a qualified employee inspector with jurisdiction. The certificate or notice for an existing system must be submitted to the local unit of government with jurisdiction and the property owner or owner's agent no later than 15 days after a compliance inspection. The completed form must also be submitted to the owner or owner's agent. The certificate of compliance for an existing system is valid for three years from the date of issuance, unless a new inspection is requested by the owner or owner's agent or is required according to local regulations.
D. If a compliance inspection for an existing system indicates that the system is noncompliant, the notice must be signed by a licensed inspection business or qualified employee inspector with jurisdiction, contain a statement of noncompliance, and specify the reasons for noncompliance of each component specified in item B.
**Subp. 5. Periodically saturated soil disagreements.**
A. If a documented discrepancy arises on the depth of the periodically saturated soil between licensed businesses for SSTS design or compliance purposes, all disputing parties must follow the procedure outlined in this subpart.
B. If a documented discrepancy arises on the depth of the periodically saturated soil between an SSTS licensed business and a local unit of government for SSTS design or compliance purposes, all disputing parties shall follow the procedure outlined in this item.
C. Upon resolution of a dispute, amendments to initial disputed documents containing the resolution shall be made and submitted to the local unit of government and all other parties involved.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1413; 35 SR 1353; 45 SR 725*
## **Chapter 7083** SSTS CREDENTIALING AND PRODUCT REGISTRATION
##### **Minn. R. 7083.0010** Purpose and Intent {#sec-7083.0010 omnilex-key=us-mn-regs-official--agency-167--7083.0010}
The proper location, design, installation, use, and maintenance of a subsurface sewage treatment system (SSTS) protects the public health, safety, and general welfare by the discharge of adequately treated sewage to the groundwater. In order to reasonably accomplish the proper location, design, installation, operation, and maintenance of an SSTS, the Pollution Control Agency provides in this chapter criteria for certifying trained individuals and licensing SSTS businesses, registering SSTS products, and provisions for an advisory committee to the agency concerning SSTS issues.
The authority for this chapter is granted in Minnesota Statutes, chapters 103F, 103G, 115, and 116.
This chapter does not address the licensing of wastewater treatment plant operators regulated under chapter 9400 or Type IV land application of waste professionals as regulated in chapter 7048.
It is the intent of this chapter to provide standards for adequate training, experience, continuing education, insurance, and bonding for SSTS businesses and certified individuals. These standards also present the foundation for enforceable violations along with the agency's enforcement procedures. It is the intent of this chapter to register SSTS products for use in Minnesota, as technology and products employed in SSTS shall adequately protect the public health and the environment as determined by this chapter and be approved for use by the local unit of government.
It is the further intent of this chapter to determine the duties, structure, and administration of the SSTS Advisory Committee as established in Minnesota Statutes, section 115.55.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0020** Definitions {#sec-7083.0020 omnilex-key=us-mn-regs-official--agency-167--7083.0020}
**Subpart 1. Certain terms.**
In addition to the definitions in chapters 7080, 7081, and 7082 and Minnesota Statutes, section 115.55, which are incorporated by reference, the terms used in this chapter have the meanings given them. For purposes of these standards, certain terms or words are interpreted as follows: the words "shall" and "must" are mandatory and the word "may" is permissive. All distances, unless otherwise specified, must be measured horizontally.
**Subp. 2. Agency.**
"Agency" means the Pollution Control Agency.
**Subp. 3. Apprentice.**
"Apprentice" means an individual who meets the requirements in part 7083.1090 by completing training, passing the examination, and gaining experience under part 7083.1050, subpart 2.
**Subp. 4. As-builts.**
"As-builts" means drawings and documentation specifying the final in-place location, elevation, size, and type of all system components. These records identify the results of materials testing and describe conditions during construction. Information provided must be verified by a certified statement.
**Subp. 5. ASTM.**
"ASTM" means the American Society for Testing and Materials.
**Subp. 6. Certified.**
"Certified" means an individual is included on the agency's SSTS certification list and is qualified to design, install, maintain, repair, pump, operate, or inspect an SSTS as appropriate with the individual's qualifications. A certified individual who is working under a license is subject to the obligations of the license. Certified individuals were previously known as registered professionals.
**Subp. 7. Disinfection.**
"Disinfection" means the process of destroying or inactivating pathogenic microorganisms in sewage to render them noninfectious.
**Subp. 8. Drip dispersal system.**
"Drip dispersal system" means a small diameter pressurized wastewater distribution system in which the treated effluent is distributed under pressure to the infiltrative surface via drip tubing and enters the receiving environment.
**Subp. 9. ISTS.**
"ISTS" means an individual sewage treatment system as defined under part 7080.1100, subpart 41.
**Subp. 10. Licensee.**
"Licensee" means a person to whom a license is issued under this chapter.
**Subp. 11. Mentor.**
"Mentor" is a person who holds a mentor designation as described in part 7083.2000 and provides mentorship.
**Subp. 12. Mentorship.**
"Mentorship" means providing direct and personal supervision to an individual who is seeking to gain qualifying work experience to become a certified individual.
**Subp. 13. MSTS.**
"MSTS" means a midsized SSTS as defined in part 7081.0020, subpart 4.
**Subp. 14. O&G.**
"O&G" means oil and grease, a component of sewage typically originating from foodstuffs such as animal fats or vegetable oils or consisting of compounds of alcohol or glycerol with fatty acids such as soaps and lotions, typically expressed in mg/l (also known as FOG or fats, oil, and grease).
**Subp. 15. Proprietary product.**
"Proprietary product" means a sewage treatment or distribution technology, method, or material subject to a patent or trademark.
**Subp. 16. Public domain technology.**
"Public domain technology" means a sewage treatment or distribution technology, method, or material not subject to a patent or trademark.
**Subp. 17. Qualified employee.**
"Qualified employee" means a state or local government employee who designs, installs, maintains, pumps, or inspects SSTS as part of the person's employment duties.
**Subp. 18. Subsurface sewage treatment system or "SSTS."**
"Subsurface sewage treatment system" or "SSTS" means an individual sewage treatment system as defined in part 7080.1100, subpart 41, or a midsized sewage treatment system as defined in part 7081.0020, subpart 4, as applicable.
**Subp. 19. Subsurface sewage treatment system business or SSTS business.**
"Subsurface sewage treatment system business" or "SSTS business" means a business that designs, installs, maintains, repairs, pumps, operates, or inspects an SSTS as appropriate with the organization's license and qualifications.
**Subp. 20. TN.**
"TN" means total nitrogen, which is the measure of the complete nitrogen content in wastewater including nitrate (NO3-), nitrite (NO2-), ammonia (NH3), ammonium (NH4+), and organic nitrogen, expressed as mg/l.
**Subp. 21. Total suspended solids or TSS.**
"Total suspended solids" or "TSS" means solids that are in suspension in water and that are removable by laboratory filtering, expressed as mg/l.
**Subp. 22. TP.**
"TP" means total phosphorus, which is the sum of all forms of phosphorus in effluent, expressed as mg/l.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0040** Administration by Agency {#sec-7083.0040 omnilex-key=us-mn-regs-official--agency-167--7083.0040}
**Subpart 1. Agency to administer.**
This chapter is administered by the agency.
**Subp. 2. Variance procedures.**
A. In certain cases, the commissioner may grant a variance from the standards in this chapter. This variance provision is not intended to provide relief for licensed businesses or certified individuals from missed expiration dates or enforcement actions.
B. Before granting a requested variance, the commissioner or agency must find that, by reason of exceptional circumstances, the strict enforcement or strict conformity with this chapter would be unreasonable, impractical, or not feasible under the circumstances. The agency may permit a variance under part 7000.7000 in harmony with the requirements of part 7000.7000, the general purpose of this chapter, and the intent of applicable state laws. The variance request must contain, as applicable:
C. In addition to the variance information required in item B, the commissioner has the authority to also require the requesting party to submit other relevant information for the specific purpose of properly evaluating the variance request.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0700** Licenses {#sec-7083.0700 omnilex-key=us-mn-regs-official--agency-167--7083.0700}
A state SSTS license applicable to the type of work being performed is required for any business that conducts work to design, install, repair, maintain, operate, or inspect all or part of an SSTS. A license is also required to land spread septage and operate a sewage collection system discharging to an SSTS. Property owners that employ a business to perform this work shall hire a business that is licensed according to this chapter. Individuals exempt from a state SSTS license must follow all applicable local, state, and federal requirements. A license is not required for:
A. an individual who is a qualified employee performing work as directed by a state or local government employer;
B. an individual who, after obtaining a signed site evaluation and design report from a licensed design business, constructs an ISTS to serve a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual. Any assistance provided to the system owner in construction of a system under this item must be performed by a licensed installation business;
C. an individual who performs supervised labor or services as an employee of a licensed SSTS business;
D. a farmer who pumps septage from an ISTS that serves dwellings or other establishments that are owned or leased by the farmer and applies septage on land that is owned or leased by the farmer;
E. a property owner who personally gathers existing information, evaluates, and investigates an ISTS to provide a disclosure as defined in Minnesota Statutes, section 115.55, subdivision 6, for a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual;
F. an individual or business who abandons an SSTS;
G. an individual who maintains a toilet waste treatment device for a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual;
H. an individual who performs tasks identified in the system's management plan that do not require a maintainer or service provider license for a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual; or
I. the owner or designee of a campground or other similar facility who removes and transports sewage wastes from recreational vehicles into a holding or treatment system located on the same property as the facility.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0710** Categories, Authorizations, and Responsibilities {#sec-7083.0710 omnilex-key=us-mn-regs-official--agency-167--7083.0710}
Except as described in part 7083.0700, an individual or business must not perform the services described in this chapter and chapters 7080 to 7082 unless licensed by the commissioner under the appropriate license category in parts 7083.0720 to 7083.0800.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0720** Requirements for Ssts Licensed Businesses {#sec-7083.0720 omnilex-key=us-mn-regs-official--agency-167--7083.0720}
A licensed business must:
A. ensure that all SSTS work is conducted according to applicable requirements;
B. ensure that the business's certified individuals or apprentices fulfill the conditions under parts 7083.0710 to 7083.0800;
C. designate an adequate number of certified individuals to meet the requirements under this chapter;
D. maintain the bond and insurance required under part 7083.1000;
E. prepare and submit written reports according to local ordinance requirements and requirements in this chapter and chapters 7080 and 7081;
F. notify the commissioner in writing within 30 days if the business has:
G. maintain all reports for a minimum of five years.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0730** Requirements for Certified Individuals {#sec-7083.0730 omnilex-key=us-mn-regs-official--agency-167--7083.0730}
A certified individual must:
A. provide direct and personal supervision to noncertified employees working on an SSTS;
B. ensure the work completed meets applicable requirements; and
C. complete a certified statement for required reports.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0740** Design License {#sec-7083.0740 omnilex-key=us-mn-regs-official--agency-167--7083.0740}
**Subpart 1. Authorization.**
A. A licensed basic design business is authorized to conduct site and soil evaluations, design all system components, including the building sewer connected to a subsurface sewage treatment system, and write management plans for a Type I, II, or III ISTS as described under parts 7080.2200 to 7080.2300 serving dwellings or other establishments with a design flow of 2,500 gallons per day or less.
B. A licensed advanced design business is authorized to conduct site and soil evaluations, design all system components, including the building sewer connected to a subsurface sewage treatment system, and write management plans for all sizes and types of SSTS.
**Subp. 2. Responsibilities.**
All design licensees must:
A. inform the proposed system owner of the type classification of the system under parts 7080.2200 to 7080.2400;
B. provide written reasonable assurance of system performance to the local unit of government including, but not limited to:
C. prepare detailed design sheets, drawings, calculations, materials, system layout, and elevations; and
D. prior to installation, submit plans and specifications for the building sewer connected to a subsurface sewage treatment system for approval as required by part 1300.0215, subpart 6.
**Subp. 3. Certified designers.**
Certified designers must conduct the soil descriptions and review other site evaluations and designs by noncertified employees. This review includes both verification of field observations and conclusions and design assumptions and calculations.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1420; 40 SR 689*
##### **Minn. R. 7083.0750** Inspection License {#sec-7083.0750 omnilex-key=us-mn-regs-official--agency-167--7083.0750}
**Subpart 1. Authorization.**
A. A licensed basic inspection business is authorized to conduct compliance inspections and issue written certificates of compliance and notices of noncompliance for an existing ISTS described in part 7083.0740, subpart 1, item A. An inspection business is allowed to install a new system for a property in which the business has conducted an existing ISTS compliance inspection, provided the business holds the appropriate licenses. A local unit of government is allowed to authorize a licensed inspection business to review and approve site evaluations and designs, inspect new construction and replacement systems, verify the submittal of management plans, and issue written certificates of compliance and notices of noncompliance for systems described in part 7083.0740, subpart 1, item A.
B. A licensed advanced inspection business is authorized to conduct compliance inspections and issue written certificates of compliance and notices of noncompliance for existing systems described in part 7083.0740, subpart 1, item B. An inspection business is authorized to install a new system for a property in which the business has conducted an existing system compliance inspection, provided the business holds the appropriate licenses. A local unit of government is allowed to authorize a licensed advanced inspection business to review and approve site evaluations and designs, inspect new construction and replacement systems, verify the submittal of management plans, and issue written certificates of compliance and notices of noncompliance for systems described in part 7083.0740, subpart 1, item B.
**Subp. 2. Responsibilities.**
Basic and advanced inspection licensees must submit a completed version of the agency's existing inspection form to the local unit of government and the property owner within 15 days after any existing system compliance inspection.
**Subp. 3. Certified inspectors.**
Certified inspectors are responsible for personally conducting the necessary procedures to assess system compliance. Certified inspectors must complete and sign the agency's existing system inspection form. Certified inspectors may permit, inspect, or permit and inspect a building sewer connected to a subsurface sewage treatment system for compliance with the Minnesota Plumbing Code when:
A. the installation is not subject to the requirements of part 1300.0215, subpart 6, and no other approval is required by the plumbing program administrative authority; or
B. authorized by the appropriate plumbing program administrative authority.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1420; 35 SR 1353; 40 SR 689*
##### **Minn. R. 7083.0760** Installation License {#sec-7083.0760 omnilex-key=us-mn-regs-official--agency-167--7083.0760}
**Subpart 1. Authorization.**
A licensed installation business is authorized to construct, install, alter, extend, maintain, or repair all SSTS and the building sewer connected to a subsurface sewage treatment system only according to an approved design.
**Subp. 2. Responsibilities.**
Installation licensees must:
A. ensure all work is done according to a design report approved by the local SSTS authority under part 7082.0500 and the plumbing program administrative authority as required under part 1300.0215, subpart 6;
B. provide adequate notice to the local unit of government and the plumbing program administrative authority when work requires inspection;
C. ensure that all work is done according to applicable stormwater regulations and the Minnesota Plumbing Code;
D. provide as-built drawings to the owner and local unit of government within 30 days of system installation;
E. maintain quality control and quality assurance records for five years;
F. provide system owners with information concerning system operation and maintenance;
G. follow recommended standards and guidance documents for registered products and check the quality of materials used;
H. negotiate with the system owner and jointly determine who will be responsible for seeding, erosion and frost protection, watering, and other vegetation establishment activities; and
I. pay the septic system tank fee and submit the form according to Minnesota Statutes, section 115.551, including notification if no tanks were installed during the reporting year. The form and payment are due to the commissioner by January 31 for the previous calendar year's installations.
**Subp. 3. Certified installers.**
Certified installers must be at the worksite to meet supervision needs as determined by the training and experience level of the crew and local requirements and to ensure that the installation, alteration, or extension of an SSTS is in accordance with an approved design report and permit. The certified installer must prepare quality control and quality assurance records and prepare and sign as-built drawings. The certified installer must personally determine, supervise, and verify:
A. the system layout and placement;
B. that site conditions allow for construction;
C. the proper soil moisture conditions for excavation;
D. the elevations of sewage tanks and soil treatment systems;
E. the quality of tanks and suitability of other materials;
F. solutions to problems encountered; and
G. upgrade and repair advice provided.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1420; 40 SR 689*
##### **Minn. R. 7083.0770** Maintenance License {#sec-7083.0770 omnilex-key=us-mn-regs-official--agency-167--7083.0770}
**Subpart 1. Authorization.**
A licensed maintenance business is authorized to measure scum and sludge depths in sewage tanks for the accumulation of solids and removing these deposits; remove solids and liquids from toilet waste treatment devices; transport septage; land apply septage or dispose of septage in a treatment facility; identify problems related to sewage tanks, baffles, maintenance hole covers, extensions, and pumps and make the repairs; evaluate sewage tanks, pump tanks, distribution devices, valve boxes, or drop boxes for leakage; identify cesspools, seepage pits, leaching pits, and drywells; and clean supply pipes and distribution pipes for all SSTS.
**Subp. 2. Responsibilities.**
Maintenance licensees must:
A. record pump-out date, gallons removed, any tank leakage below or above the operating depth, the access point used to remove the septage, the method of disposal, the reason for pumping, any safety concerns with the maintenance hole cover, and any troubleshooting or repairs conducted. This information must be submitted to the homeowner within 30 days after the maintenance work is performed. Maintenance business pumping record information must be maintained by the business for a period of five years;
B. observe and provide written reports of any noncompliance to the system owner within 30 days; and
C. obtain a signed statement if the owner refuses to allow the removal of solids and liquids through the maintenance hole.
**Subp. 3. Certified maintainers.**
Certified maintainers must provide proper training, daily review of work, and periodic observation of work conducted by noncertified individuals. Certified maintainers are responsible for conducting or supervising:
A. the measurement of scum and sludge depths;
B. the making of sensory observations if nondomestic wastes have been discharged into the system;
C. the identification of problems and watertightness related to sewage tanks;
D. the assessment of the condition of baffles, effluent screens, maintenance hole covers, and extensions;
E. the removal of septage; and
F. the land application of septage or disposal in a treatment facility.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0780** Service Provider License {#sec-7083.0780 omnilex-key=us-mn-regs-official--agency-167--7083.0780}
**Subpart 1. Authorization.**
A licensed service provider business is authorized to measure scum and sludge depths for the accumulation of solids; identify problems related to sewage tanks, baffles, effluent screens, maintenance hole covers, extensions, and pumps and make the repairs; evaluate sewage tanks, dosing chambers, distribution devices, valve boxes, or drop boxes for leakage; and clean supply pipes and distribution pipes. Service provider businesses are also authorized to assess, adjust, and service systems for proper operation; take, preserve, store, and ship samples for analysis; interpret sampling results and report results for an SSTS; and operate sewage collections systems discharging to an SSTS.
**Subp. 2. Responsibilities.**
Service provider licensees must:
A. report sampling results, operational observations, system adjustments, and other management activities in compliance with local ordinances, management plans, or operating permit requirements; and
B. observe and provide written reports of any noncompliance to the system owner and the local unit of government within 30 days.
**Subp. 3. Certified service providers.**
Certified service providers must provide proper training, daily review of work, and periodic observation of work conducted by noncertified individuals. Certified service providers are responsible for conducting or supervising:
A. the measurement of scum and sludge depths for the accumulation of solids;
B. the making of sensory observations if nondomestic wastes have been discharged into the system;
C. the identification of problems and watertightness related to sewage tanks; and
D. the assessment of the condition of baffles, effluent screens, maintenance hole covers, and extensions.
**Subp. 4. Certified service providers.**
Certified service providers must personally:
A. assess the operational status and system performance by sampling, measuring, and observing in compliance with the management plan or operating permit;
B. preserve, store, and ship samples for analysis and interpret sampling results;
C. adjust, repair, or replace components to bring the system into proper operational compliance;
D. assess the operational status of sewage collection systems and adjust, repair, or replace components to bring the system into proper operational status; and
E. complete and submit any necessary reporting to the system owner and the local unit of government.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0790** Other Work {#sec-7083.0790 omnilex-key=us-mn-regs-official--agency-167--7083.0790}
In the case of SSTS work not described under parts 7083.0740 to 7083.0780, the commissioner shall determine if a license is necessary and, if so, which license category is applicable along with the requirements necessary to obtain a license.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0800** Restricted Licenses {#sec-7083.0800 omnilex-key=us-mn-regs-official--agency-167--7083.0800}
The commissioner is allowed to add restrictions to a license for the following reasons:
A. as the result of an enforcement action under part 7083.2020;
B. as a method to allow an apprentice to gain experience as described under part 7083.1050, subpart 2, item B; or
C. as a method to limit the scope of the work to be conducted under the license to coincide with restrictions placed on the certified individual according to part 7083.2010, subpart 6.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.0900** Application for License; Fees; Renewal {#sec-7083.0900 omnilex-key=us-mn-regs-official--agency-167--7083.0900}
**Subpart 1. Eligibility.**
A business is eligible to apply for an SSTS license when it has:
A. one or more certified individuals with specialty area certifications matching the requested license to meet the conditions under parts 7083.0710 to 7083.0800;
B. general liability insurance as required by part 7083.1000; and
C. a corporate surety bond as required by part 7083.1000.
**Subp. 2. Requirements for obtaining or renewing licenses.**
A business that meets the eligibility requirements under subpart 1 must apply for or renew a license on forms provided by the commissioner. The application must be submitted to the agency no later than 60 days prior to the expiration or renewal date. Issuance of a new license also requires a 60-day review and approval period.
**Subp. 3. Fees.**
The annual SSTS license fee is $100 for each license category under parts 7083.0710 to 7083.0800. The annual license fee for a business with multiple licenses shall not exceed $200.
**Subp. 4. Issuance.**
Upon the commissioner's approval of the license application and payment of the license fee, a license must be issued to the proprietor of a sole proprietorship, the partners of a partnership, or the corporate chief executive officer or a qualifying person in Minnesota designated by a corporation.
**Subp. 5. Term.**
A license is valid for one year after the date of issuance. An applicant is allowed to request a license renewal for longer periods up to three years. The fee is determined by multiplying the approved number of years by the fee in subpart 3.
**Subp. 6. Denial.**
The commissioner shall deny an application for issuance or renewal of a license if the applicant is not eligible under subpart 1. The commissioner is authorized to deny a license application as the result of an enforcement action under part 7083.2020. A denial based on part 7083.2020 must not be issued before an opportunity is provided for a contested case hearing complying with Minnesota Statutes, chapter 14.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.1000** Bonding and Insurance for Ssts Licensed Businesses; Liability {#sec-7083.1000 omnilex-key=us-mn-regs-official--agency-167--7083.1000}
**Subpart 1. Bond and insurance requirements.**
A. To be eligible for SSTS licensing, a business must have a minimum of $100,000 of general liability insurance. The minimal amount is not increased for businesses with multiple licenses. The insurance must be written by a business licensed to provide insurance in Minnesota.
B. To be eligible for SSTS licensing, proof of general liability insurance must be evidenced by a certificate of insurance form that shows the minimum coverage that will be in effect for at least the term of the license. The licensee is responsible for providing written notice to the commissioner within 30 days of cancellation or change in liability insurance. If the insurance is canceled or the amount of coverage is reduced to less than the amounts in item A, the license immediately and automatically becomes invalid and the business must not perform SSTS work until the business obtains insurance meeting the requirements of this part and submits notification of insurance coverage to the commissioner.
C. To be eligible for SSTS licensing, a business must hold a corporate surety bond of at least $25,000.
D. The corporate surety bond must be written by a corporate surety licensed to do business in Minnesota.
E. The corporate surety bond must be submitted to the commissioner on the bond form provided by the commissioner, and must name the applicant as the principal.
F. The corporate surety bond must be signed by an official of the business who is legally authorized to represent the business and must list a contact if a claim is to be filed.
G. The corporate surety bond must cover work to be done under all SSTS licenses to be held by the business and must be for the benefit of persons injured or suffering financial loss by reason of failure to comply with the Minnesota Plumbing Code and Minnesota Statutes, sections 115.55 and 115.56.
**Subp. 2. Bond use.**
A. The corporate surety bond must be conditioned on the principal faithfully performing the duties and complying with all laws, ordinances, and rules pertaining to the SSTS license applied for and all contracts entered into.
B. A person suffering a loss from the principal failing to act according to item A is allowed to petition the corporate surety to seek and be granted a partial or full payment of the bond.
**Subp. 3. Term of bond.**
The term of the corporate surety bond must be continuous with the term of the license or, in the case of a plumbing bond provided according to Minnesota Statutes, section 326B.46, subdivision 2, concurrent with the term of the plumbing license. The penal sum of the bond is cumulative and must be aggregated every two years that the bond is in force. The aggregate liability is limited to the bond penalty shown on the bond form for each two-year period the bond remains in effect for any losses that occur during each two-year period.
**Subp. 4. Notification of bond actions.**
The corporate surety must provide written notice to the commissioner within 30 days of cancellation or 15 days of reduction of a licensee's bond. If a corporate surety bond is canceled or the amount of coverage is reduced to less than the amounts in subpart 1, item C, the license immediately and automatically becomes invalid and the business must not perform SSTS work until the business obtains another corporate surety bond meeting the requirements of this part and submits notification of renewed bond coverage to the commissioner. The corporate surety must notify the principal and commissioner of any claims pending against the bond within 15 days of the receipt of the claim and notify the principal and commissioner of any payments made against the bond within 15 days of payment.
**Subp. 5. Other professional assistance.**
An SSTS business that seeks, accepts, and implements work products developed by a noncertified individual is responsible and liable for the related performance of the system.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1420; 35 SR 1353; 40 SR 689*
##### **Minn. R. 7083.1010** Qualified Employee Requirements {#sec-7083.1010 omnilex-key=us-mn-regs-official--agency-167--7083.1010}
A qualified employee must fulfill the applicable responsibilities under parts 7083.0710 to 7083.0800 that are applicable to the work being performed. Qualified employees must be certified with specialty area certifications applicable to the work being conducted. An apprentice is eligible to be a qualified employee if the individual has specialty area certifications applicable to the work to be completed, has fulfilled the requirement under part 7083.1050, subpart 2, and has been issued performance restrictions.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.1020** Ssts Individual Certification and Training Program {#sec-7083.1020 omnilex-key=us-mn-regs-official--agency-167--7083.1020}
**Subpart 1. Purpose.**
Parts 7083.1020 to 7083.1090 establish the SSTS individual certification and training program. This program establishes training, experience, and examination requirements for SSTS individual certification. An individual is allowed to be certified in the following specialty areas:
A. designer;
B. advanced designer;
C. inspector;
D. advanced inspector;
E. installer;
F. maintainer; and
G. service provider.
**Subp. 2. Program components.**
An individual must successfully complete the following components for a specialty area to qualify for certification in that specialty area:
A. training described under part 7083.1030;
B. examination described under part 7083.1040;
C. experience described under part 7083.1050; and
D. continuing education described under part 7083.1060.
**Subp. 3. Application.**
An individual who qualifies under subpart 2, items A to C, for a specialty area is allowed to apply to be certified by the commissioner according to part 7083.1080. Individuals who complete subpart 2, items A and B, for a specialty area are allowed to apply to receive an apprentice designation according to part 7083.1090.
**Subp. 4. Certification period.**
A certification issued by the commissioner is valid for a three-year period.
**Subp. 5. Applicable certification specialty area.**
In the case of SSTS work not described under parts 7083.0710 to 7083.0800, the commissioner shall determine which certification specialty area is applicable.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.1030** Training {#sec-7083.1030 omnilex-key=us-mn-regs-official--agency-167--7083.1030}
**Subpart 1. Required training.**
To fulfill the training requirement for one or more specialty areas under the certification and training program, an individual must successfully complete formal coursework that covers basic SSTS knowledge and specialty area training as described in items A and B.
A. All certified individuals must have formal SSTS training in soil treatment theory; design and construction fundamentals; system operational requirements; statute and rule requirements; technology options; and state licensing requirements, standards, and criteria.
B. SSTS specialty area certifications must have formal training to perform the required responsibilities for each specialty area in parts 7083.0710 to 7083.0800. Advanced designers must receive training in a specific technology before designing and writing a management plan for that technology.
**Subp. 2. Accreditation of training.**
Training used to fulfill the requirements under subpart 1 and part 7083.1060 must be accredited by the commissioner according to part 7083.1070.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.1040** Examination {#sec-7083.1040 omnilex-key=us-mn-regs-official--agency-167--7083.1040}
**Subpart 1. Examinations.**
An examination for basic information regarding an SSTS and each of the specialty areas under part 7083.1020, subpart 1, must be offered by the commissioner at least annually. The examinations must be based on the skill, knowledge, experience, and education that a person must have to perform the authorized duties and responsibilities under parts 7083.0710 to 7083.0800 for each specialty area sought. An individual must successfully complete the basic and specialty area examinations with a passing score of 70 percent or greater to qualify for certification and apprentice designation. The commissioner shall require a passing score of 70 percent or greater on any portion or subpart of an examination, which focuses on a critical skill component, in order to pass the entire examination.
**Subp. 2. Expiration of test score.**
An examination that qualifies for certification expires if the continuing education requirements under part 7083.1060, subpart 1, are not fulfilled. The period within which continuing education must be completed starts when the first examination is taken in which a passing score is received or when conditional eligibility under part 7083.1060, subpart 1, item E, is awarded by the commissioner.
**Subp. 3. Failure on examination.**
An individual who fails an examination is ineligible to retake the same examination for six months unless the individual has completed additional training approved by the agency in the subject matter covered by the failed examination in addition to that required under part 7083.1030, subpart 1. Official documentation of this additional training must be provided at the time the examination is retaken. Training hours used to fulfill this reexamination requirement must not be used to fulfill continuing education requirements. Failure to pass the examination in a specialty area or the basic examination does not prevent the person from taking an examination for a different specialty area certification.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1420; 40 SR 689*
##### **Minn. R. 7083.1050** Experience {#sec-7083.1050 omnilex-key=us-mn-regs-official--agency-167--7083.1050}
**Subpart 1. Experience requirements.**
An individual seeking certification must:
A. complete the experience requirement according to one of the methods under subpart 2;
B. complete the amount of experience according to subpart 5;
C. acquire necessary experience within the six years immediately preceding submission of the completed certification application; and
D. complete and submit the documentation requirements under subpart 4.
**Subp. 2. Options to gain experience.**
The experience needed to qualify for a specialty area must be acquired by one of the methods in items A to C or other method approved by the commissioner:
A. as an employee or worker of a licensed SSTS business under an experience plan as described in subpart 3;
B. as an apprentice under a restricted license. Qualifying experience under a restricted license must be completed under an experience plan as described in subpart 3; or
C. through field work experience from an agency-accredited training program that provides realistic in-field work situations.
**Subp. 3. Experience plan.**
Experience plans must meet the requirements in this subpart.
A. Experience gained under an experience plan must be gained under the supervision of an unrestricted certified individual who has a specialty area certification that is the same as the specialty area sought by the individual acquiring the experience or under the supervision of an inspector who is authorized to design and inspect the system. After December 31, 2010, an individual providing experience oversight must be a mentor as described in part 7083.2000. If an apprentice loses the apprentice's mentor before completing the approved experience plan, the apprentice must notify the agency. The apprentice must not perform any more work until a new mentor is secured and the revised experience plan is approved by the agency.
B. Experience plans must be submitted to and approved by the commissioner before apprentice designation is granted. The commissioner shall require that the plan be discontinued or modified to correct the problems if the objectives for acquiring experience are not being fulfilled. The commissioner shall make a final evaluation to determine if the experience gained under the plan successfully fulfilled the experience requirement.
C. Experience plans must include the number of systems to be worked on to obtain experience and the applicable specialty area requirements in subitems (1) to (4).
**Subp. 4. Experience plan reporting.**
A. All work used to gain experience for certification must be documented. Documentation shall include all information, records, or other documents required by this chapter or chapters 7080 to 7082. The documentation must be submitted to the commissioner from a minimum of five jobs along with the experience plan from those same jobs. The documentation must provide the basis for approval or denial of a certification.
B. Approvals, sign-offs, or certificates of compliance issued by the local unit of government must be submitted to the commissioner for the five jobs noted in item A.
C. The completed experience plan must contain the signature and certification number of the mentor.
D. The submittal must contain any other information necessary to determine compliance with this part.
**Subp. 5. Amount of experience.**
A. An applicant for certification as a basic designer must have co-completed with a mentor a minimum of 15 ISTS site and soil evaluations, designs, and management plans for a Type I, II, or III system, as defined under parts 7080.2200 and 7080.2300, with a flow of 2,500 gallons per day or less, with a minimum of one aboveground system design, and a minimum of one belowground system design. An applicant must observe five installations and five service or operational instances, with mentorship not required. No additional experience is required to qualify for the advanced designer certification.
B. An applicant for certification as an installer must have completed a minimum of 15 ISTS installations, with a minimum of one aboveground system installation and a minimum of one belowground system installation. An applicant must observe five service or operational instances, with mentorship not required.
C. An applicant for certification as a basic inspector must have:
D. An applicant for certification as a maintainer must have co-completed with a mentor a minimum of 15 pump-outs with properly disposed of septage.
E. No experience is required to qualify for the service provider certification.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420; 35 SR 1353*
##### **Minn. R. 7083.1060** Continuing Education {#sec-7083.1060 omnilex-key=us-mn-regs-official--agency-167--7083.1060}
**Subpart 1. Renewal requirements.**
A. All designers and inspectors who are certified or apprentices must complete 18 hours of continuing education training related to SSTS every three years, with a minimum of six of those hours devoted to soils education with a field component. All installers and service providers who are certified or apprentices must complete 12 hours of continuing education training related to SSTS every three years.
B. An individual with a maintainer certification must complete 12 hours of continuing education related in general to SSTS or nine hours of continuing education specifically related to SSTS maintenance or land application of septage every three years.
C. Certified individuals and apprentices must complete the applicable hours of continuing education under items A and B that meet the criteria under subpart 2 for each time period specified in those items. The continuing education requirement is not increased for multiple specialty area certifications. Continuing education hours earned in excess of those required under this subpart shall not be carried over to meet the requirements for future renewal periods. The renewal period begins when the first examination is taken in which a passing score is received under part 7083.1040 or when conditional eligibility under item E is awarded by the commissioner.
D. The continuing education must be taken during the time specified in this subpart and remains valid even though not reported before the end of the certification period. However, certification is considered expired until the training is reported.
E. If adequate continuing education training is not taken during the certification period, certification eligibility must be regained by retaking the required training and passing the examinations under parts 7083.1030 and 7083.1040, or by commissioner approval of an application for a nonrenewable, one-year conditional certification eligibility extension. The application must be submitted on a form provided by the commissioner. The application must contain a signed statement that the applicant agrees to complete, within one year, all continuing education that was not taken and to pass no more than two different specialty area examinations within one year applicable to the certification eligibility that the commissioner determined has lapsed. The applicant must include information with the application to verify compliance with part 7083.1090, when applicable. If the applicant does not meet the conditions of the one-year conditional certification eligibility agreement, the certification eligibility expires and the individual must complete all missed continuing education and pass exams under part 7083.1040 for each specialty area sought in order to regain eligibility for certification.
F. In each certification period, certified individuals and apprentices must accrue continuing education hours specified in items A to C. At least one-half of the required training must be directly related to the administrative and technical parts of chapters 7080 to 7083 as determined by the commissioner.
**Subp. 2. Criteria for continuing education.**
Coursework that qualifies for continuing education credit is coursework related to the technical aspects of sewage, sewage treatment, SSTS, soil identification, soil interpretation, soil water movement, engineering or environmental health related to SSTS, maintenance or operation of an SSTS, land application of wastes, or other related topics. Credit must also be given for coursework relating to state SSTS rules and statutes and coursework related to the administration of local ordinances, permitting, and inspection. Only programs accredited or otherwise authorized by the commissioner for continuing education credit are allowed to be used to maintain a certification or apprentice designation.
**History**
- *Statutory Authority: MS s 14.389; 115.03; 115.55; 115.56; L 2015 1Sp4 art 4 s 132,145*
- *History: 32 SR 1420; 38 SR 1001; 40 SR 689*
##### **Minn. R. 7083.1070** Accreditation of Training Programs and Authorization of Training for Continuing Education Credits {#sec-7083.1070 omnilex-key=us-mn-regs-official--agency-167--7083.1070}
**Subpart 1. Requirements.**
To receive training program accreditation for basic, specialty area, or continuing education training, the program sponsor must submit to the commissioner:
A. a written objective that describes expected outcomes for the participant;
B. the credentials of the persons conducting the training that demonstrates the trainers' educational and professional background and expertise in and knowledge of SSTS and state SSTS standards, rules, and statutes and specifies the subject areas that the trainers will be responsible for;
C. a training plan that demonstrates how the course will meet the requirements in parts 7083.1030 and 7083.1060;
D. a method for evaluating successful completion, including the form that will document course participation and successful completion;
E. a description of the topics and how much time will be spent on training for each topic during the hours the course is conducted; and
F. a document signed by a representative of the sponsoring organization certifying that the sponsor will maintain records of participants, attendance, and successful completions for a minimum of three years.
**Subp. 2. Procedures for approval.**
The commissioner shall approve a training course if the information submitted under subpart 1 demonstrates that the course meets the objectives for a specific specialty area under part 7083.1030 or for continuing education under part 7083.1060. The commissioner shall evaluate the submitted information to determine how many continuing education credits will be awarded. The commissioner shall require that the training program be updated to ensure recent industry developments are included. The commissioner shall cancel accreditation if the program sponsor does not respond to the commissioner's written request for program information or training course revisions or if the commissioner determines that the program has not met its training objective.
**Subp. 3. Authorization of training for continuing education credits.**
Nonaccredited training qualifies for continuing education credits only if authorized by the commissioner. The person requesting the credits must provide the information requirements of subpart 1 for any nonaccredited training attended and document in written format how the course will meet or has met the requirements under part 7083.1030 or 7083.1060, including proof of successful completion of the training. The commissioner is authorized to prorate the credit hours granted based on the amount of the training that pertains to the SSTS specialty area for which it is requested.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.1080** Ssts Certification {#sec-7083.1080 omnilex-key=us-mn-regs-official--agency-167--7083.1080}
**Subpart 1. Qualifications.**
The commissioner shall certify in the appropriate specialty area individuals who successfully satisfy the requirements in parts 7083.1030 to 7083.1060 as applicable to a specialty area in part 7083.1020, subpart 1, and submit a completed application under part 7083.2010, subpart 1, that is approved by the commissioner.
**Subp. 2. Multiple certifications.**
A certification for each specialty area successfully completed must be added to an individual's certification.
**Subp. 3. Certification required.**
Except as provided under part 7083.1090, subpart 1, certified individuals under part 7083.0900, subpart 1, item A, and qualified employees must be certified under this part.
**Subp. 4. Maintaining certification.**
To maintain certification, an individual must fulfill the continuing education requirements under part 7083.1060, complete the renewal requirements under part 7083.2010, subpart 4, and fulfill the responsibilities under parts 7083.0710 to 7083.0800 that are applicable to specialty area certifications.
**Subp. 5. Certification maintenance.**
The commissioner shall assign certification numbers, maintain a statewide certification list, record training, and monitor performance of all persons certified.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.1090** Apprentice {#sec-7083.1090 omnilex-key=us-mn-regs-official--agency-167--7083.1090}
**Subpart 1. Qualifications.**
A. An individual is designated as an apprentice if the individual:
B. An apprentice is allowed to perform the duties of a certified individual according to parts 7083.0730 to 7083.0780 under a restricted license or as a restricted qualified employee if the experience requirements of part 7083.1050 are met.
**Subp. 2. Maintaining apprentice designation.**
To maintain an apprentice designation, an individual must:
A. fulfill the continuing education requirements in part 7083.1060;
B. complete the renewal requirements in part 7083.2010, subpart 4; and
C. fulfill the responsibilities in parts 7083.0710 to 7083.0800 that are applicable to specialty area certifications. A certification for each specialty area successfully completed must be added to an individual's certification or apprentice designation.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.2000** Mentor Designation {#sec-7083.2000 omnilex-key=us-mn-regs-official--agency-167--7083.2000}
**Subpart 1. Qualifications.**
To be authorized to provide mentorship to an individual to gain the necessary experience for certification under part 7083.1050, subpart 2, items A and B, a mentor must:
A. be certified in the mentor specialty area or be an inspector; and
B. not have had a violation that resulted in a successful enforcement action within the past five years.
**Subp. 2. Commissioner designation.**
A candidate found to meet the qualifications as a mentor under this part must be designated by the commissioner as a mentor. The commissioner shall revoke mentorship designation upon finding a violation that results in an administrative penalty order, stipulation agreement, or schedule of compliance; incompetence; negligence; fraud; illegal activity; or inappropriate conduct in the performance of the duties authorized under the mentorship designation.
**Subp. 3. Responsibility.**
The mentor is not responsible for any noncompliance attributed to the work of the apprentice. The licensed SSTS business is responsible if the mentor and apprentice are working as employees or on behalf of the same licensed SSTS business.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.2010** Administration of Certification and Apprentice Program {#sec-7083.2010 omnilex-key=us-mn-regs-official--agency-167--7083.2010}
**Subpart 1. Application; issuance.**
An individual meeting the qualifications in part 7083.1080, subpart 1, or 7083.1090, subpart 1, is eligible to apply for certification or apprentice designation on a form provided by the commissioner. The commissioner requires 60 days for review of the application. A complete application consists of documentation of training and experience or the experience gaining method meeting the requirements under part 7083.1050, subpart 2. A certification or apprentice applicant is not allowed to fulfill the duties and responsibilities of a certified or apprentice individual until designated as such in writing by the commissioner.
**Subp. 2. Approval of certification or apprentice designation.**
Upon the commissioner's approval of the certification or apprentice application, the commissioner shall issue a number and verification of the individual's status.
**Subp. 3. Certification and apprenticeship period.**
Certifications or apprenticeships issued by the commissioner are valid for three years.
**Subp. 4. Renewal.**
Every three years, the certified individual or apprentice shall submit an application for renewal on forms provided by the commissioner no later than 60 days prior to the expiration date. The renewal application must be accompanied by documentation of continuing education under part 7083.1060.
**Subp. 5. Denial of application.**
If the commissioner finds evidence of actions listed under part 7083.2020, the commissioner is allowed to deny an application or renewal application for a certification or apprentice. Notice of the pending denial must be served on the applicant by mail. Any pending denial based on part 7083.2020 shall not be issued before an opportunity is provided for a contested case hearing complying with Minnesota Statutes, chapter 14.
**Subp. 6. Restrictions; conditions.**
The commissioner is allowed to add performance restrictions and training conditions to an individual certification or apprentice designation at any time to address unusual work situations or experience requirements, to take enforcement action under part 7083.2020, or to limit the scope of responsibilities under parts 7083.0710 to 7083.0800, for an individual. Notice of the pending restriction must be served on the applicant by mail. Any pending restriction shall not be issued before an opportunity is provided for a contested case hearing complying with Minnesota Statutes, chapter 14.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.2020** Enforcement Action {#sec-7083.2020 omnilex-key=us-mn-regs-official--agency-167--7083.2020}
**Subpart 1. SSTS business licenses.**
The commissioner is authorized to deny, suspend, restrict, revoke, place corrective action, fine, raise bond amounts, or institute other sanctions against an SSTS business license for any of the following reasons:
A. failure to meet the requirements for a license;
B. failure to comply with applicable requirements;
C. submission of false or misleading information or credentials in order to obtain or renew a license;
D. failure to provide adequate supervision to noncertified employees;
E. incompetence, negligence, fraud, illegal activity, or inappropriate conduct in the performance of the duties authorized under the license;
F. failure to report the number of sewage tanks installed and pay tank fees as prescribed in Minnesota Statutes, section 115.551; or
G. failure to comply with applicable soil dispute resolution requirements.
**Subp. 2. Certification and apprentice.**
If the commissioner finds any of the following faults, the commissioner is authorized to deny, suspend, restrict, revoke, place corrective action, fine, or institute other sanctions against a certification or apprentice designation:
A. failure to meet the certification or apprenticeship requirements;
B. failure to comply with applicable requirements;
C. submission of false or misleading information or credentials in order to obtain or renew a certification or apprentice designation;
D. incompetence, negligence, fraud, illegal activity, conflict of interest, or inappropriate conduct in the performance of the duties authorized under the certification or apprenticeship; or
E. failure to comply with applicable soil dispute resolution requirements.
**Subp. 3. Complaints.**
A. Upon receiving a signed written complaint that alleges the existence of grounds for enforcement action against a licensed SSTS business or a certified or apprenticed individual under subpart 1 or 2, the commissioner shall initiate an investigation.
B. The complaint must contain the name, address, and telephone number of the complainant; the name of the alleged violators; the alleged violations, dates, and locations; and any other pertinent information to demonstrate the validity of the complaint.
C. The commissioner shall evaluate the results of the investigation and consider expert advice as needed in order to determine whether enforcement actions are necessary.
D. Enforcement actions shall not be taken before written notice is given to the licensee or individual and an opportunity is provided for a contested case hearing complying with Minnesota Statutes, chapter 14.
**Subp. 4. Enforcement action.**
If the commissioner finds that enforcement action is necessary, the actions described in items A to C must be taken.
A. A written notice must be sent by certified mail to the licensee, certified individual, or apprentice. The written notice must contain, as applicable, the effective date of the enforcement action, the nature of the violation constituting the basis for the enforcement action, the facts that support the conclusion that a violation has occurred, specific actions necessary to fulfill the terms of the notice, and a statement that a licensee, certified individual, or apprentice who desires a contested case hearing must, within ten calendar days, exclusive of the day of service, file a written request with the commissioner.
B. If a hearing is requested, the enforcement action is stayed pending the outcome of the hearing. If the licensee, certified individual, or apprentice does not request a hearing, the business or individual forfeits any opportunity for a hearing.
C. A licensee, certified individual, or apprentice whose license, certification, or apprenticeship has been revoked is not entitled to apply for a license, certification, or apprenticeship for one year following the effective date of revocation or for any longer period of time specified in the revocation notice. A licensee, certified individual, or apprentice with a revoked or suspended license, certification, or apprenticeship shall return the license, certification, or apprentice identification card to the commissioner.
**Subp. 5. Enforcement; general.**
General agency enforcement authority under Minnesota Statutes, sections 115.03, 115.071, 115.072, 115.56, 116.072, and 116.073, is also available for enforcement actions under this part.
**Subp. 6. Nonlicensed violations.**
The commissioner shall fine, or impose other sanctions, for those implying or advertising to be a certified individual, apprentice, or licensed business or conducting SSTS activities without the required certification, apprenticeship, or license.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.2030** [Repealed, 40 SR 689] {#sec-7083.2030 omnilex-key=us-mn-regs-official--agency-167--7083.2030}
[Repealed, 40 SR 689]
##### **Minn. R. 7083.2040** Transitioning Existing Registrations and Licenses {#sec-7083.2040 omnilex-key=us-mn-regs-official--agency-167--7083.2040}
**Subpart 1. Designers.**
A business licensed, and an individual registered, as a designer I or designer II on February 4, 2008, are reclassified as basic designers. A business reclassified as a basic designer under this chapter is authorized to design all types and sizes of SSTS until February 4, 2012. After that time, a business designing systems described under part 7083.0740, subpart 1, item B, must meet the requirements of this chapter.
**Subp. 2. Inspectors.**
A business licensed, and an individual registered, as a designer I or inspector on February 4, 2008, are reclassified as basic inspectors. A business or individual reclassified as an inspector under this chapter is authorized to inspect all types of SSTS until February 4, 2012. After that time, the business or government employee inspecting systems described under part 7083.0740, subpart 1, item B, must meet the requirements of this chapter.
**Subp. 3. Maintainers.**
A business licensed, and an individual registered, as a pumper on February 4, 2008, is reclassified as a maintainer under this chapter.
**Subp. 4. Service provider.**
To gain a service provider license or certification, a business or individual must meet the requirements of this chapter. An ISTS licensed business or a certified individual providing management services before February 4, 2008, is authorized to operate an SSTS until February 4, 2012, without a service provider license. After February 4, 2012, businesses and individuals providing SSTS management services must meet the requirements of this chapter.
**Subp. 5. Basic and continuing education.**
Designer I's or designer II's on February 4, 2008, who take training to upgrade to an advanced designer by February 4, 2011, shall have their training hours credited as fulfilling the continuing education hours specified in part 7083.1060. Designer I's or inspectors on February 4, 2008, who take training to upgrade to an advanced inspector by February 4, 2011, shall have their training hours credited as fulfilling the continuing education hours specified in part 7083.1060.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420; 35 SR 1353*
##### **Minn. R. 7083.4000** Product Review and Registration Process {#sec-7083.4000 omnilex-key=us-mn-regs-official--agency-167--7083.4000}
**Subpart 1. General.**
A. The commissioner shall develop a product review and registration process and maintain a list of registered sewage treatment and distribution products for SSTS.
B. The commissioner shall develop recommended standards and guidance to assist local units of government in permitting different types of sewage treatment technologies and sewage distribution technologies, including the following five categories:
C. Sewage technologies shall have standards described in this chapter or agency recommended standards and guidance before local units of government are allowed to permit them. Recommended standards and guidance must include information and detail, such as application, design, installation, operation, monitoring and maintenance, and performance expectations, and sources of the information.
**Subp. 2. Proprietary treatment products; certification and registration.**
A. To qualify for product registration, manufacturers desiring to sell or distribute proprietary treatment products shall:
B. Manufacturers verifying product performance through testing according to the following standards or protocols must have product testing conducted by a qualified, third-party testing facility. Product performance testing must be consistent with the following:
C. Treatment levels used in part 7083.4030 are not intended to be applied as field compliance standards. Their intended use is to establish treatment product performance in a product testing setting under established protocols by qualified testing entities.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420; 35 SR 1353*
##### **Minn. R. 7083.4010** Testing Requirements for Proprietary Treatment Products {#sec-7083.4010 omnilex-key=us-mn-regs-official--agency-167--7083.4010}
The testing protocols in this part are incorporated by reference under part 7083.4000, subpart 2, item B.
TABLE I
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.4020** Test Results Reporting Requirements for Proprietary Treatment Products {#sec-7083.4020 omnilex-key=us-mn-regs-official--agency-167--7083.4020}
TABLE II
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.4030** Product Performance Requirements for Proprietary Treatment Products {#sec-7083.4030 omnilex-key=us-mn-regs-official--agency-167--7083.4030}
TABLE III
* BOD5 = 170 mg/l
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420; 35 SR 1353*
##### **Minn. R. 7083.4040** Proprietary Treatment Products Registration; Process and Requirements {#sec-7083.4040 omnilex-key=us-mn-regs-official--agency-167--7083.4040}
A. Manufacturers shall register their proprietary treatment products with the commissioner by submitting a complete application in the format prescribed by the commissioner, including:
B. Manufacturers shall submit each proprietary product for registration to the commissioner. Products within a single series or model line, sharing distinct similarities in design, materials, and capabilities, are allowed to be registered under a single application, consistent with their test protocols for the certification of other products within a product series. Products outside of the series or model line must be registered under separate applications.
C. Upon receipt of the application, the commissioner shall, within 60 days:
D. Registrations are valid for up to three years, expiring on December 31 of the third year of registration, unless the product is recalled for any reason, found to be defective, or no longer available.
E. To renew technology registration, a manufacturer shall:
F. As part of the product registration renewal, the commissioner shall:
G. The commissioner shall maintain a readily available list of proprietary treatment products meeting the registration requirements established in this chapter. The product registration is a condition of approval for use.
H. A manufacturer shall have readily accessible information, specific to a product's registered use in Minnesota, for designers, regulators, system owners, and other interested parties about the product, including but not limited to:
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.4050** Transition from Previous Requirements for Aerobic Tank Treatment Systems and Other Treatment Systems to New Registered List {#sec-7083.4050 omnilex-key=us-mn-regs-official--agency-167--7083.4050}
Except for Type V systems designated under part 7080.2400, the following conditions apply:
A. the installation of aerobic tank treatment systems as specified in Minnesota Rules 2005, chapter 7080, and other advanced treatment technologies is allowed for 24 months after January 2, 2008;
B. after 24 months after January 2, 2008, only those products registered under this chapter are allowed to be installed as directed in registration guidance documents;
C. to be registered, manufacturers of aerobic tank treatment systems shall apply for product registration. Aerobic tank treatment systems must meet all other requirements established in this chapter for registration; and
D. manufacturers of aerobic tank treatment system products shall meet all other requirements established in this chapter for product registration.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.4060** Bacteriological Reduction {#sec-7083.4060 omnilex-key=us-mn-regs-official--agency-167--7083.4060}
**Subpart 1. Scope.**
This part establishes the requirements for registering bacteriological reduction processes.
**Subp. 2. Verification.**
Manufacturers shall, for the purpose of product registration as described in parts 7083.4000 to 7083.4040 for meeting treatment level A or B, verify bacteriological reduction performance by sampling and testing for fecal coliform.
**Subp. 3. Testing process.**
All test data submitted for product registration must be produced by a qualified, third-party testing organization. Bacteriological reduction performance requirements must be determined while the treatment product or sequence is tested according to the NSF Standard 40 testing protocol, or other equivalent commissioner-approved testing protocol. The tester must:
A. collect samples from both the influent and effluent streams and identify the treatment performance achieved by the full treatment process, component, or sequence;
B. obtain influent characteristics within the range of 106 - 108 fecal coliform/100 mL calculated as 30-day geometric means during the test;
C. test the influent to any disinfection unit and report flow rate, pH, temperature, and turbidity at each occasion of sampling performed in item D;
D. obtain samples for fecal coliform analysis during both design loading and stress loading periods, as follows:
E. conduct analyses for fecal coliform according to Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, American Water Works Association, and Water Environment Federation (1998). The standard methods are incorporated by reference, are available through the Minitex interlibrary loan system, and are subject to frequent change;
F. report the geometric mean of fecal coliform test results from all samples taken within 30-day or monthly calendar periods;
G. report the individual results of all samples taken throughout the test period for design loading and stress loading; and
H. report all maintenance and servicing conducted during the testing period, such as instances of cleaning an ultraviolet lamp or replenishment of chlorine chemicals.
**Subp. 4. Disinfection.**
Manufacturers are allowed to register products that:
A. meet the bacteriological testing requirements alone, without the need for a separate disinfection device to meet treatment level A or B;
B. meet the bacteriological testing requirements when tested with a compatible secondary disinfection device as a component of the process to meet treatment level A or B; or
C. meet the bacteriological testing requirements when coupled with a compatible secondary disinfection device that meets bacteriological requirements of this part as a component of the process to meet treatment level A or B.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420; 35 SR 1353*
##### **Minn. R. 7083.4070** Distribution Medium; Certification and Registration {#sec-7083.4070 omnilex-key=us-mn-regs-official--agency-167--7083.4070}
A. Drainfield rock distribution media shall meet the requirements in item D and the requirements contained in the recommended standards and guidance for public domain distribution products before local units of government are allowed to permit its use.
B. For nonrock distribution media, manufacturers shall register the distribution media, including gravelless distribution media and subsurface drip dispersal products, with the commissioner before the local unit of government is allowed to permit their use.
C. Manufacturers desiring to sell distribution media shall certify that the media meet the standards established in this part and register the media with the commissioner using the process in part 7083.4080.
D. Distribution media must:
E. Subsurface drip dispersal products must:
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.4080** Proprietary Distribution Products; Process and Requirements {#sec-7083.4080 omnilex-key=us-mn-regs-official--agency-167--7083.4080}
**Subpart 1. Proprietary media.**
Manufacturers shall obtain registration of their proprietary media with the commissioner by submitting a complete application in the format prescribed by the commissioner, including:
A. the manufacturer's name, mailing address, street address, and telephone number;
B. the contact individual's name, title, mailing address, street address, and telephone number. The contact individual must be vested with the authority to represent the manufacturer in this capacity;
C. the name, including specific brand and model, of the proprietary distribution product;
D. a description of the function of the distribution medium along with any known limitations on its use;
E. a description of the medium and technical information, including schematics; materials and characteristics; component design specifications; design capacity; volumes and flow assumptions and calculations; components; and dimensioned drawings, photos, application, and use;
F. siting and installation requirements;
G. a detailed description, procedure, and schedule of routine service and system maintenance events;
H. identification of information requested to be protected from disclosure of trade secrets;
I. copies of product brochures and manuals, such as sales, promotional, design, installation, operation, and maintenance materials and homeowner instructions;
J. a quantitative description of the trench-bottom and sidewall absorption area or sizing criteria for drip dispersal systems for each model seeking registration. Manufacturers' quantitative description of the absorption area must be based on the surface area of the product that infiltrates effluent into the soil;
K. all available product testing results, including a listing of state approvals and denials;
L. a statement from a licensed professional engineer that certifies the technology meets the standards established in part 7083.4070;
M. a signed and dated certification by the manufacturer's senior executive or agent, specifically including the following statement: "I certify that I represent (INSERT MANUFACTURING COMPANY HERE) and I am authorized to prepare or direct the preparation of this application for registration. I attest, under penalty of law, that this document and all attachments are true, accurate, and complete.";
N. a signed and dated certification from the licensed professional engineer including the statement: "I certify that I represent (INSERT PROFESSIONAL ENGINEERING FIRM NAME) and that I am authorized to certify the performance for the proprietary distribution product presented in this application. I attest, under penalty of law, that the technology report is true, accurate, and complete."; and
O. a technology review fee if allowed by law.
**Subp. 2. Proprietary media products.**
Manufacturers shall submit proprietary media products for registration to the commissioner. Products within a single series or model line sharing distinct similarities in design, materials, and capabilities are allowed to be registered under a single application. Products outside of the series or model line must be registered under separate applications.
**Subp. 3. Commissioner review.**
Upon receipt of the application, the commissioner shall:
A. review the application and verify the application for compliance with subpart 1;
B. if the application is not in compliance with subpart 1, return the application for resubmittal with the requested information for full compliance with subpart 1; or
C. if the application is complete and the commissioner determines that the product meets or exceeds all applicable protocols, the commissioner shall place the product on the list of distribution products. The list of registered distribution products will be maintained on the agency website.
**Subp. 4. Duration of registration.**
Registrations are valid for up to three years, expiring on December 31 of the third year of registration, unless the product is recalled for any reason, found to be defective, or no longer available.
**Subp. 5. Renewal.**
To renew a proprietary distribution product registration, a manufacturer shall:
A. submit a request for renewal of product registration at least 30 days before the current registration expires, using the form or in the format prescribed by the commissioner; and
B. provide an affidavit to the commissioner certifying whether the product has changed over the previous three years. If the product has changed, the affidavit must include a full description of the changes and how the changed product fulfills the requirements for initial registration.
**Subp. 6. Commissioner review.**
As part of the product registration renewal, the commissioner shall:
A. request field assessment comments from local units of government no later than October 31 for product renewal;
B. discuss with the Technical Advisory Panel of the advisory committee established under part 7083.6000 any field assessment information that affects product registration renewal;
C. notify the manufacturer of any product to be discussed with the Technical Advisory Panel, prior to discussion with the panel, regarding the nature of comments received; and
D. renew, modify, or deny the product registration based on information received during the renewal process.
**Subp. 7. List.**
The commissioner shall maintain a list of readily available proprietary distribution products meeting the registration requirements established in this part. The product registration is a condition of approval for use.
**Subp. 8. Manufacturer information.**
A manufacturer shall have readily accessible information, specific to a product's registered use in Minnesota, for designers, regulators, system owners, and other interested parties about the product, including but not limited to:
A. a product manual;
B. design instructions;
C. installation instructions;
D. information regarding operation and maintenance;
E. system owner instructions; and
F. a list of representatives and manufacturer-certified service providers, if any.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.4100** Transition from Previous Requirements for Distribution Products to New Registered List {#sec-7083.4100 omnilex-key=us-mn-regs-official--agency-167--7083.4100}
Except for Type V systems designed under part 7080.2400, the following conditions apply:
A. the distribution products specified in Minnesota Rules 2005, chapter 7080, are allowed to be installed for 24 months after February 4, 2008;
B. after 24 months after February 4, 2008, only those products registered under this chapter are allowed to be installed as directed in registration guidance documents;
C. to be registered, manufacturers of proprietary distribution products shall apply for product registration; and
D. distribution products shall meet all other requirements for registration established in this chapter.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.4110** Product Development Permits {#sec-7083.4110 omnilex-key=us-mn-regs-official--agency-167--7083.4110}
**Subpart 1. Local government may issue.**
A local unit of government is authorized to issue a product development permit (PDP) for any proprietary treatment component or sequence during the development period. A local unit of government is authorized to grant a PDP to a Type I, Type II, or Type III system, as described under parts 7080.2200 to 7080.2300. A local unit of government is also authorized to grant a PDP to a Type IV system, as described under part 7080.2350, if treatment levels of the technologies meet or exceed requirements in the operating permit. The PDP is not an alternative to testing and registration.
**Subp. 2. Application contents.**
An application for a PDP must include:
A. proof of an existing conforming system in compliance with all local requirements or a permit for a conforming system. The conforming system must be installed in its entirety before the PDP becomes valid;
B. a description of the product under development, including performance goals and a description of how the system will be used to treat sewage;
C. documentation by the manufacturer that provides for financial assurances to protect the owner, licensed businesses, and local units of government from claims and provides that the manufacturer will cover the correction of any potential public health threats or environmental damage resulting from the use of the product under development. Instruments of financial assurance include: an irrevocable letter of credit in the amount required by the local unit of government issued by an entity authorized to issue letters of credit in Minnesota; cash or a security deposit payable to the local unit of government in the amount required by the local unit of government; or any other financial assurance that satisfies the local unit of government;
D. documentation signed by the owner of the proposed product development site allowing access to the local unit of government and the agency and its employees or agents for inspection of the site;
E. an agreement to obtain all other required permits;
F. a declaration that the applicant meets all state requirements; and
G. other information required by the local unit of government.
**Subp. 3. Additional requirements.**
A. The local unit of government is authorized to stipulate additional requirements for a PDP necessary to ensure the performance of the conforming system, including, but not limited to, providing performance data to the local unit of government.
B. The system owner shall consent in writing to allow the manufacturer access to the system for the duration of the permit.
C. The product tester shall agree in writing to contact utility companies before excavation.
D. The manufacturer and product tester shall agree in writing to hold harmless, indemnify, and defend the agency and local unit of government from any conduct by the manufacturer or product tester that causes harm or injury to the site owner's property and indemnifies the agency and local unit of government from such claims.
**Subp. 4. PDP required for each site.**
A PDP is a site-specific permit. Product development at multiple sites requires a PDP for each site.
**Subp. 5. Product developer has control.**
During the term of the PDP, product development, testing, and sampling are under the full control of the product developer and all data collected is considered proprietary information.
**Subp. 6. PDP duration.**
A PDP is valid for one year unless renewed by the local unit of government.
**Subp. 7. End of PDP period.**
The product development period is over when the original PDP or any subsequently renewed permits have expired. At that time, the product developer shall, at the direction of the local unit of government, remove the product under development from the site, restore the real property to its original condition, and reestablish all appropriate plumbing and power connections for the conforming system.
**Subp. 8. Revocation or amendment of PDP.**
The local unit of government is authorized to revoke or amend a PDP:
A. if the continued operation or presence of the product under development presents a risk to the public health or the environment, causes adverse effects on the proper function of the conforming system on the site, or leaks or discharges sewage on the surface of the ground;
B. if the product developer fails to comply with any requirement stipulated on the permit by the local unit of government; or
C. upon request of the site owner.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
##### **Minn. R. 7083.4120** Product Registration Contested Case Hearing {#sec-7083.4120 omnilex-key=us-mn-regs-official--agency-167--7083.4120}
A person whose application for product registration under part 7083.4040, item A, has been denied in whole or in part may petition the agency to hold a contested case hearing under Minnesota Statutes, chapter 14. To be considered by the agency, the petition must be submitted within 30 days after the person receives written notice of the commissioner's proposed action and must comply with part 7000.1800. The commissioner must grant the petition for a contested case hearing if the commissioner finds that the criteria in part 7000.1900 have been met. Final agency decisions following contested case hearings must be made according to parts 7000.2000 to 7000.2200.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420; 35 SR 1353*
##### **Minn. R. 7083.6000** Advisory Committee {#sec-7083.6000 omnilex-key=us-mn-regs-official--agency-167--7083.6000}
**Subpart 1. Establishment.**
An advisory committee on subsurface sewage treatment systems is established.
**Subp. 2. Duties.**
The committee shall, subject to the approval of the commissioner, review and advise the agency on:
A. revisions to chapters 7080 to 7083 and legislation relating to SSTS;
B. technical data relating to SSTS;
C. a technical manual on SSTS;
D. educational materials and programs for SSTS;
E. the administration of standards and ordinances pertaining to SSTS at the state and local level;
F. the product registration and renewal process;
G. development of product registration advisory panels; and
H. other SSTS activities considered appropriate by the committee.
**Subp. 3. Membership.**
The committee consists of the following voting members of whom:
A. two must be citizens of Minnesota, representative of the public;
B. one must be from the Minnesota Extension Service of the University of Minnesota;
C. six must be county administrators, such as zoning administrators, sanitarians, and environmental health specialists, each of whom administers an SSTS permitting or inspection program. The six administrators must be geographically distributed throughout the state;
D. one must be a municipal inspector who administers an SSTS permitting and inspection program;
E. one must be a township inspector who administers an SSTS permitting and inspection program;
F. seven must be SSTS designated certified individuals as defined in part 7083.0020, subpart 6, six of whom have geographic distribution throughout the state and the seventh representing the state at large, with each certification category represented on the committee;
G. two must be elected public officials with members having geographic distribution throughout the state; and
H. one must be a water well contractor.
**Subp. 4. Nonvoting members.**
The following agencies and associations shall each have at least one nonvoting member to assist the advisory committee and to be advised, in turn, on matters relating to chapters 7080 to 7083: the agency, the Minnesota Department of Natural Resources, the Minnesota Department of Health, the Minnesota Department of Labor and Industry, the United States Department of Agriculture Natural Resource Conservation Service, the Minnesota Association of Professional Soil Scientists, the Metropolitan Council, the Association of Minnesota Counties, the Minnesota Association of Townships, the League of Minnesota Cities, the Minnesota Society of Professional Engineers, the Association of Small Cities, the Minnesota Association of Realtors, the Minnesota Environmental Health Association, SSTS supplier, the Minnesota On-Site Wastewater Association, the American Society of Home Inspectors, the Minnesota Small Business Association, Hospitality Minnesota, and Minnesota Waters.
**Subp. 5. Appointment; terms.**
All voting members must be appointed by the commissioner from recommendations by the named entities or organizations. All members serve four-year terms, with terms staggered to maintain continuity. Voting members, except for individuals serving under subpart 3, item B, shall serve a maximum of two consecutive terms. If the voting member's attendance falls below 50 percent during the term, the appointed member loses membership status for the remaining term. The commissioner shall then appoint a replacement member for the remainder of the term from the recommendation offered by the affected entity or organization. In the case of a vacancy, the commissioner shall appoint a replacement member for the unexpired balance of the term. Administrators, inspectors, elected officials, and contractors must be bona fide residents of this state for at least three years before being appointed and must have at least three years' experience in their respective businesses or offices.
**Subp. 6. Procedural rules.**
Robert's Rules of Order Newly Revised, Henry M. Robert (2000), must prevail at all meetings of the advisory committee. Robert's Rules of Order is incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.
**Subp. 7. Quorum.**
A quorum consists of nine voting members.
**History**
- *Statutory Authority: MS s 115.03; 115.55*
- *History: 32 SR 1420*
## **Chapter 7090** STORM WATER REGULATORY PROGRAM
##### **Minn. R. 7090.0010** Scope {#sec-7090.0010 omnilex-key=us-mn-regs-official--agency-167--7090.0010}
This chapter establishes the stormwater permit program to regulate discharges of stormwater from municipal separate storm sewer systems, construction activities, and industrial activities for purposes of abating water pollution associated with stormwater discharges from these sources.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.0020** Permit Process {#sec-7090.0020 omnilex-key=us-mn-regs-official--agency-167--7090.0020}
Unless otherwise specifically stated under this chapter, the process of applying for, issuing, reissuing, revoking, or modifying stormwater permits is as stated for national pollutant discharge elimination system (NPDES) permits under chapter 7001.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.0030** Permit Requirements {#sec-7090.0030 omnilex-key=us-mn-regs-official--agency-167--7090.0030}
**Subpart 1. Permit required.**
A national pollutant discharge elimination system/state disposal system (NPDES/SDS) stormwater permit is required:
A. for municipal separate storm sewer systems under part 7090.1010;
B. for construction activities under part 7090.2010;
C. for industrial activities under part 7090.3010; and
D. if a water quality management plan adopted pursuant to section 208 of the Clean Water Act, United States Code, title 33, section 1288, recommends that pollution control requirements be applied to the discharge.
**Subp. 2. NPDES/SDS permit.**
If a person who discharges stormwater into the waters of the state is required by Minnesota statutes or rules to obtain both a NPDES permit and a SDS permit, the issuance of a NPDES permit under this chapter satisfies the requirement to obtain both permits.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.0040** Permit Fees {#sec-7090.0040 omnilex-key=us-mn-regs-official--agency-167--7090.0040}
Application and annual fees for stormwater permits are established under parts 7002.0210 to 7002.0310.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.0060** Incorporation by Reference {#sec-7090.0060 omnilex-key=us-mn-regs-official--agency-167--7090.0060}
For the purposes of parts 7090.2000 to 7090.2060, the stormwater discharge design requirements, construction activity requirements, and the requirements of Appendix A in the Minnesota Pollution Control Agency document General Permit Authorization to Discharge Stormwater Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit (NPDES/SDS) Program (construction stormwater permit) are incorporated by reference. This document is subject to change every five years. For purposes of parts 7090.2000 to 7090.2060, all references to the construction stormwater permit must be construed as referring to the most current version, which at the time this chapter was adopted was Permit No: MN R 100001, issued on August 1, 2003. This document can be found at the Minnesota State Law Library, Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King, Jr. Blvd., St. Paul, Minnesota 55155, the Minnesota Pollution Control Agency offices, and the Minnesota Pollution Control Agency Internet site at the following address:
http://www.pca.state.mn.us/water/stormwater/stormwater-c.html.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.0080** Definitions {#sec-7090.0080 omnilex-key=us-mn-regs-official--agency-167--7090.0080}
**Subpart 1. Scope.**
Terms employed in this chapter for which definitions are given in Minnesota Statutes, sections 115.01 and 116.06, have the meanings given them in those sections. The terms specified in this part have the meanings given them in this part.
**Subp. 2. Best management practices.**
"Best management practices" or "BMP's" means practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practice, and also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage.
**Subp. 3. Common plan of development or sale.**
"Common plan of development or sale" means one proposed plan for a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. "One proposed plan" is broadly defined to include design, permit application, advertisement, or physical demarcation indicating that land-disturbing activities may occur.
**Subp. 4. Construction activity.**
"Construction activity" means activities for the purpose of construction, including clearing, grading, and excavating, that result in land disturbance of equal to or greater than one acre, including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one acre. This includes a disturbance to the land that results in a change in the topography, existing soil cover, both vegetative and nonvegetative, or the existing soil topography that may result in accelerated stormwater runoff which may lead to soil erosion and movement of sediment. Construction activity does not include a disturbance to the land of less than five acres for the purpose of routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility.
**Subp. 5. Decennial census.**
"Decennial census" means the census of population and housing taken in each year ending in zero, as defined by the United States Census Bureau.
**Subp. 6. Industrial activity.**
"Industrial activity" means the 11 categories of industrial activity which are directly related to manufacturing, processing, or raw materials storage areas at an industrial plant, as defined in Code of Federal Regulations, title 40, section 122.26(b)(14)(i)-(xi).
**Subp. 7. Municipality.**
"Municipality" means a county, a city, a town, the Metropolitan Council when acting under the provisions of Minnesota Statutes, chapter 473, or other governmental subdivision of the state responsible by law for the prevention, control, and abatement of water pollution.
**Subp. 8. Municipal separate storm sewer system.**
"Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains:
A. owned or operated by a state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district, or drainage district or similar entity, or an Indian tribe or an authorized Indian tribe organization, or a designated and approved management agency under section 208 of the federal Clean Water Act, United States Code, title 33, section 1288, that discharges into waters of the state;
B. designed or used for collecting or conveying stormwater;
C. that is not a combined sewer; and
D. that is not part of a publicly owned treatment works as defined in Code of Federal Regulations, title 40, section 122.2. Municipal separate storm sewer systems do not include separate storm sewers in very discrete areas, such as individual buildings.
**Subp. 9. No exposure.**
"No exposure" means that all industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snow melt, or runoff. "Industrial materials or activities" include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, or waste product.
**Subp. 10. Operator.**
"Operator" means:
A. the person with primary operational control and legal responsibility for the municipal separate storm sewer system under part 7090.1000;
B. the person designated by the owner who has day-to-day operational control or the ability to modify project plans and specifications related to the stormwater pollution prevention plan under part 7090.2000; or
C. the person responsible for the overall operation of an industrial facility under part 7090.3000.
**Subp. 11. Owner.**
"Owner" means:
A. the person that owns the municipal separate storm sewer system under part 7090.1000;
B. the person or party possessing the title of the land on which the construction activities will occur; if the construction activity is for a lease holder, the party or individual identified as the lease holder; or the contracting government agency responsible for the construction activity under part 7090.2000; or
C. the person who owns an industrial facility or part of an industrial facility under part 7090.3000.
**Subp. 12. Storm water or stormwater.**
"Storm water" or "stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage. It includes the term "stormwater" as used in agency documents.
**Subp. 13. Urbanized area.**
"Urbanized area" means a land area consisting of one or more places and the adjacent urban fringe as defined by the United States Census Bureau. These areas contain at least 50,000 people and an overall population density of at least 1,000 people per square mile of land.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.1000** Municipal Separate Storm Sewer System Program {#sec-7090.1000 omnilex-key=us-mn-regs-official--agency-167--7090.1000}
Parts 7090.1000 to 7090.1040 state the requirements for municipal separate storm sewer systems (MS4's) that are regulated in accordance with Code of Federal Regulations, title 40, section 122.26(a)(1)(iii) and (iv), and (a)(9)(i)(A), section 123.35(b), and Minnesota Statutes, section 115.03.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.1010** Ms4 Permit Requirements {#sec-7090.1010 omnilex-key=us-mn-regs-official--agency-167--7090.1010}
**Subpart 1. Permits required.**
An NPDES/SDS stormwater permit is required for MS4's identified in items A to C. An owner or operator of an MS4 must submit a complete permit application requesting a permit. Once an MS4 is required to obtain a permit, the requirement remains in effect until the requirement is removed pursuant to subpart 4, item B.
A. MS4's located in an urbanized area in whole or in part, that are regulated in accordance with Code of Federal Regulations, title 40, section 122.26(a)(1)(iii) and (iv), and (a)(9)(i)(A), including any publicly owned entity, such as a military base, hospital, prison or correctional facility, college, or university, with a potential resident capacity, bed count occupancy, or average daily user population of 1,000 or more.
B. MS4's that meet the following criteria must submit a complete application for a permit within 18 months of meeting the criteria:
C. MS4's designated by the commissioner in accordance with subparts 2 and 3 must submit a complete application for a permit within 18 months of designation.
**Subp. 2. Designation criteria.**
For purposes of this part, "designation" means a determination by the commissioner that an MS4 is subject to the permit requirements of this part. The commissioner may designate an MS4 based on the following criteria:
A. the MS4 contributes substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES stormwater program in accordance with Code of Federal Regulations, title 40, section 123.35(b)(4); or
B. the MS4 is determined to be a significant contributor of pollutants to waters of the state or to have an adverse impact on water quality based on any of the following factors:
**Subp. 3. Designation process.**
A. The commissioner shall issue a public notice identifying MS4's that meet the designation criteria in subpart 2 and the commissioner's preliminary determination that the designation should be granted.
B. The public notice must include, at a minimum:
C. The commissioner shall distribute the public notice in accordance with part 7001.0100, subpart 5.
D. A person may request a contested case hearing or public information meeting regarding the designation determination in accordance with part 7001.0130. If a contested case hearing is held, the commissioner shall comply with the procedures in part 7000.2000 before making a final determination.
E. The commissioner may make a final determination designating an MS4 by finding that the MS4 meets the criteria set forth in subpart 2.
**Subp. 4. Petition process.**
A. Any person may petition the commissioner for the designation of an MS4. Upon receiving a signed written petition for designation, the commissioner shall evaluate the petition and determine if designation is appropriate under subpart 2. If the commissioner determines that the designation should be granted, the process for designation shall be followed in accordance with subpart 3.
B. Any person may petition the commissioner to reevaluate the designation of an MS4 for a determination that the MS4 does not meet the criteria in subparts 1 and 2 and does not need a permit. Upon receiving a signed written petition for the reevaluation of a designation, the commissioner shall evaluate the petition and determine if the MS4 no longer meets the requirements for a permit under this part.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125; 41 SR 545*
##### **Minn. R. 7090.1040** Ms4 Minimum Requirements {#sec-7090.1040 omnilex-key=us-mn-regs-official--agency-167--7090.1040}
**Subpart 1. Stormwater pollution prevention program required.**
Owners or operators of permitted MS4's must have a stormwater pollution prevention program to address environmental concerns related to stormwater discharge. The program must address the following minimum measures in accordance with Code of Federal Regulations, title 40, section 122.34(b):
A. public education and outreach;
B. public participation/involvement;
C. illicit discharge detection and elimination;
D. construction site runoff control;
E. postconstruction runoff control; and
F. pollution prevention/good housekeeping.
**Subp. 2. Record keeping.**
Owners or operators required to have a stormwater pollution prevention program under subpart 1 must maintain a copy of the program and make it available to the agency upon request.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.2000** Construction Program {#sec-7090.2000 omnilex-key=us-mn-regs-official--agency-167--7090.2000}
Parts 7090.2000 to 7090.2060 state the requirements for regulating stormwater discharges to abate water pollution during construction activities, which are regulated in accordance with Code of Federal Regulations, title 40, section 122.26(a)(1) and (9)(i)(B), and Minnesota Statutes, section 115.03.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.2010** Construction Activity Permit Requirements {#sec-7090.2010 omnilex-key=us-mn-regs-official--agency-167--7090.2010}
**Subpart 1. Permits required.**
An NPDES/SDS construction stormwater permit is required if:
A. a person is conducting construction activity; or
B. the commissioner determines that a discharge may cause or contribute to a violation of an applicable state or federal water quality rule or regulation. In making this determination, the commissioner shall consider factors including size of discharge, quantity and nature of discharge, and location of discharge.
**Subp. 2. Permit application deadline.**
A. Owners and operators proposing activities that require a construction stormwater permit under this part must submit a complete permit application provided by the agency before conducting construction activity, or where a construction site is covered under an existing construction stormwater permit, meet the subdivision registration requirements under part 7090.2060, if applicable.
B. The permit application or subdivision registration required under item A may be submitted electronically if such a method of submittal is approved by the commissioner. Notwithstanding the conditions of the construction stormwater permit, the effective date of a permit under an electronic submittal must be established by the commissioner.
**Subp. 3. Compliance requirements for unpermitted construction activity.**
Owners and operators of construction activities required to have a construction stormwater permit under this part that fail to submit a permit application or subdivision registration under subpart 2 shall comply with the stormwater discharge design requirements, construction activity requirements, and the requirements of Appendix A in the construction stormwater permit as incorporated by reference in part 7090.0060.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.2020** Npdes/Sds Construction Stormwater General Permit Coverage {#sec-7090.2020 omnilex-key=us-mn-regs-official--agency-167--7090.2020}
**Subpart 1. Scope.**
The commissioner shall notify owners and operators of construction activities that disturb one to less than five acres of soil and meet the requirements in subpart 2 or 3 that they are covered under the NPDES/SDS construction stormwater general permit even if the owner or operator has not submitted a permit application. Owners and operators that meet the requirements of subpart 2 or 3 may request an individual NPDES/SDS construction stormwater permit in accordance with chapter 7001.
**Subp. 2. Emergency construction.**
A. Construction activities are required to minimize the impacts of an emergency situation, including but not limited to floods, tornadoes, and severe storms, presenting imminent threat to human health, public drinking water, or the environment. The owner must notify the commissioner when the construction activity begins.
B. Emergency construction notification must be completed by letter, telephone, or facsimile and include:
**Subp. 3. Feedlots.**
Construction activities are for the purposes of building a new or expanded animal feedlot or manure storage area, or performing related maintenance. The owner or operator must apply for and obtain the appropriate permit under part 7020.0405, other than an NPDES permit, and if no permit is required under part 7020.0405, the owner or operator must complete the preconstruction notification submittal requirements under part 7020.2000, subpart 5.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.2040** Construction Activity Minimum Requirements {#sec-7090.2040 omnilex-key=us-mn-regs-official--agency-167--7090.2040}
**Subpart 1. Stormwater pollution prevention plan required.**
Owners of construction activities required to have a construction stormwater permit under part 7090.2010, subpart 1, must complete a stormwater pollution prevention plan before submitting a permit application and before conducting construction activity.
**Subp. 2. Record keeping.**
The stormwater pollution prevention plan must be kept on site and made available to the agency within 72 hours of a request for review.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.2060** Subdivision Owner Registration {#sec-7090.2060 omnilex-key=us-mn-regs-official--agency-167--7090.2060}
For a construction site that is covered under an existing construction stormwater permit where the owner or operator changes, the new owner or operator must:
A. obtain a permit and develop and implement the stormwater pollution prevention plan; or
B. submit to the commissioner a subdivision registration form provided by the agency within seven days of assuming operational control of the site, conducting construction activity on their portion of the site, or of legal transfer, sale, or closing on the property, and:
C. The new owner or operator must comply with all applicable requirements of the permit and the stormwater pollution prevention plan.
D. The new owner or operator must ensure that activities do not render another party's erosion prevention and sediment control BMP's ineffective.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.3000** Industrial Program {#sec-7090.3000 omnilex-key=us-mn-regs-official--agency-167--7090.3000}
Parts 7090.3000 to 7090.3080 state the requirements for industrial activities that are regulated in accordance with Code of Federal Regulations, title 40, section 122.26(a)(1)(ii), section 122.26(g)(1)-(4), and Minnesota Statutes, section 115.03.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.3010** Industrial Activity Permit Requirements {#sec-7090.3010 omnilex-key=us-mn-regs-official--agency-167--7090.3010}
**Subpart 1. Permits required.**
An NPDES/SDS industrial stormwater permit is required:
A. for industrial activity; or
B. if the commissioner determines that a discharge may cause or contribute to a violation of an applicable state or federal water quality rule or regulation. In making this determination, the commissioner shall consider factors including size of discharge, quantity and nature of discharge, and location of discharge.
**Subp. 2. Permit application deadline.**
If a person proposes to construct a new facility or engage in a new activity for which a permit is required, the person shall submit a complete permit application at least 180 days before the planned date of the commencement of facility construction or of the planned date of the commencement of the activity, whichever occurs first.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.3040** Industrial Activity Minimum Requirements {#sec-7090.3040 omnilex-key=us-mn-regs-official--agency-167--7090.3040}
**Subpart 1. Stormwater pollution prevention plan required.**
Owners or operators of industrial activities required to have an industrial stormwater permit under part 7090.3010, subpart 1, must complete a stormwater pollution prevention plan before submitting a permit application.
**Subp. 2. Record keeping.**
The stormwater pollution prevention plan must be kept at the industrial facility and made available to the agency within 72 hours of a request for review.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.3060** Conditional Exclusion for No Exposure {#sec-7090.3060 omnilex-key=us-mn-regs-official--agency-167--7090.3060}
**Subpart 1. No exposure.**
Discharges composed entirely of stormwater are not discharges associated with industrial activity if there is no exposure of industrial materials and activities to rain, snow, snowmelt, or runoff, and the facility meets the requirements of this part.
**Subp. 2. Applicability.**
An owner or operator required to obtain an industrial stormwater permit under part 7090.3010, subpart 1, must either obtain a permit or certify a condition of no exposure.
**Subp. 3. Application requirements.**
An operator certifying a condition of no exposure must submit to the commissioner an application for no-exposure certification on a form provided by the agency. An application for no-exposure certification must be submitted to the commissioner once every five years.
**Subp. 4. Certification issuance.**
A certification of no exposure must be issued to facilities:
A. where a complete and signed application has been submitted to the commissioner; and
B. where the commissioner has verified that there is no contact of stormwater with industrial activities through:
**Subp. 5. Limitations.**
A. Construction activities that require a permit under part 7090.2010, subpart 1, are not eligible for the conditional no-exposure exclusion.
B. The conditional no-exposure exclusion is available on a facilitywide basis only. Where exposure to industrial materials or activities exists at some but not all areas of the facility, a permit is required for stormwater discharges from the exposed areas.
C. The no-exposure exclusion is conditional. If circumstances change and the conditions for the no-exposure exclusion no longer apply to the facility, the operator must comply with the requirements of part 7090.3010. Where the operator anticipates a change in circumstance and the conditions for the no-exposure exclusion no longer apply, the operator shall apply for and obtain a permit under part 7090.3010 before the change of circumstance.
D. A certification of no exposure is nontransferable.
E. The commissioner retains the authority to deny the no-exposure certification and require permit authorization as provided under part 7090.3010.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
##### **Minn. R. 7090.3080** No-Exposure Certification {#sec-7090.3080 omnilex-key=us-mn-regs-official--agency-167--7090.3080}
The application for no-exposure certification must include a no-exposure certification statement. A person who signs an application for no-exposure certification must certify a condition of no exposure in accordance with Code of Federal Regulations, title 40, section 122.26(g)(4)(iv).
**History**
- *Statutory Authority: MS s 115.03*
- *History: 30 SR 125*
## **Chapter 7100** CLEANING AGENTS AND WATER CONDITIONERS
##### **Minn. R. 7100.0010** [Repealed, 23 SR 883] {#sec-7100.0010 omnilex-key=us-mn-regs-official--agency-167--7100.0010}
[Repealed, 23 SR 883]
##### **Minn. R. 7100.0020** [Repealed, 23 SR 883] {#sec-7100.0020 omnilex-key=us-mn-regs-official--agency-167--7100.0020}
[Repealed, 23 SR 883]
##### **Minn. R. 7100.0030** [Repealed, 23 SR 883] {#sec-7100.0030 omnilex-key=us-mn-regs-official--agency-167--7100.0030}
[Repealed, 23 SR 883]
##### **Minn. R. 7100.0040** [Repealed, 23 SR 883] {#sec-7100.0040 omnilex-key=us-mn-regs-official--agency-167--7100.0040}
[Repealed, 23 SR 883]
##### **Minn. R. 7100.0050** [Repealed, 23 SR 883] {#sec-7100.0050 omnilex-key=us-mn-regs-official--agency-167--7100.0050}
[Repealed, 23 SR 883]
##### **Minn. R. 7100.0060** [Repealed, 23 SR 883] {#sec-7100.0060 omnilex-key=us-mn-regs-official--agency-167--7100.0060}
[Repealed, 23 SR 883]
##### **Minn. R. 7100.0070** [Repealed, 23 SR 883] {#sec-7100.0070 omnilex-key=us-mn-regs-official--agency-167--7100.0070}
[Repealed, 23 SR 883]
##### **Minn. R. 7100.0080** [Repealed, 23 SR 883] {#sec-7100.0080 omnilex-key=us-mn-regs-official--agency-167--7100.0080}
[Repealed, 23 SR 883]
##### **Minn. R. 7100.0090** [Repealed, 23 SR 883] {#sec-7100.0090 omnilex-key=us-mn-regs-official--agency-167--7100.0090}
[Repealed, 23 SR 883]
##### **Minn. R. 7100.0150** Policy and Purpose {#sec-7100.0150 omnilex-key=us-mn-regs-official--agency-167--7100.0150}
The official policy and purpose of the state of Minnesota in regard to these matters is set forth in Minnesota Statutes 1971, sections 116.21 to 116.35, which are stated in part as follows:
"Section 116.21. Nutrients in cleaning agents and water conditioners, control; statement of policy.
The legislature seeks to encourage the Minnesota Pollution Control Agency through the passage of sections 116.21 to 116.35, to set standards limiting the amount of nutrients in various cleaning agents and water conditioning agents. The legislature realizes that the nutrients contained in many of these products serve a valuable purpose in increasing their overall effectiveness, but we are also aware that they overstimulate the growth of aquatic life and eventually lead to an acceleration of the natural eutrophication process of our state's waters. Limitations imposed under sections 116.21 to 116.35 should, however, be made taking the following factors into consideration:
(1) The availability of safe, nonpolluting and effective substitutes.
(2) The difference in the mineral content of water in various parts of the state.
(3) The differing needs of industrial, commercial, and household users of cleaning agents and chemical water conditioners.
Section 116.24. Regulations.
The Pollution Control Agency may make regulations:
(a) Prescribing, for the purpose of section 116.23, nutrients and the maximum permissible concentration, if any, of a prescribed nutrient in any cleaning agent or chemical water conditioner;
(b) Respecting the manner in which the concentration of any prescribed nutrient in a cleaning agent or chemical water conditioner shall be determined; and
(c) Requiring persons who manufacture in Minnesota any cleaning agent or chemical water conditioner to maintain books and records necessary for the proper enforcement of sections 116.21 to 116.35 and regulations thereunder, and to submit samples of cleaning agents or water conditioners to the Pollution Control Agency."
**History**
- *Statutory Authority: MS s 116.24*
##### **Minn. R. 7100.0160** Scope {#sec-7100.0160 omnilex-key=us-mn-regs-official--agency-167--7100.0160}
The following controls, prohibitions, or restrictions hereby adopted and established shall apply to all ingredients of cleaning agents and chemical water conditioners distributed, sold, offered, or exposed for sale in the state of Minnesota within the scope of parts 7100.0150 to 7100.0240.
**History**
- *Statutory Authority: MS s 116.24*
##### **Minn. R. 7100.0170** Prohibition {#sec-7100.0170 omnilex-key=us-mn-regs-official--agency-167--7100.0170}
No person shall sell, offer, expose for sale, or distribute for use in Minnesota any cleaning agent or chemical water conditioner which contains a prescribed nutrient in a concentration that is greater than the prescribed maximum permissible concentration of that nutrient in that cleaning agent or chemical water conditioner.
**History**
- *Statutory Authority: MS s 116.24*
##### **Minn. R. 7100.0180** Severability {#sec-7100.0180 omnilex-key=us-mn-regs-official--agency-167--7100.0180}
The provisions of this rule shall be severable, and the validity of any lettered paragraph or any subparagraph or subdivision thereof shall not make void any other lettered paragraph, subparagraph, subdivision, or any other part thereof.
**History**
- *Statutory Authority: MS s 116.24*
##### **Minn. R. 7100.0190** Definitions {#sec-7100.0190 omnilex-key=us-mn-regs-official--agency-167--7100.0190}
**Subpart 1. Scope.**
For purposes of parts 7100.0150 to 7100.0240, the terms defined in this part shall have the meanings given them.
**Subp. 2. Chemical water conditioner.**
"Chemical water conditioner" means a water softening chemical, antiscale chemical, corrosion inhibitor, or other substance intended to be used to treat water.
**Subp. 3. Cleaning agent.**
"Cleaning agent" means a heavy duty laundry detergent, laundry additive, dishwashing compound, household cleaner, industrial cleaner, phosphate compound, or other substance intended to be used for cleaning purposes.
**Subp. 4. Dishwashing machine.**
"Dishwashing machine" means equipment manufactured for the purpose of cleaning dishes, glassware, and other utensils involved in food preparation, consumption, or use, using a combination of water agitation and high temperature.
**Subp. 5. Nutrient.**
"Nutrient" means a substance or combination of substances which, if added to waters in sufficient quantities, provide nourishment that promotes growth of aquatic vegetation in densities which:
A. interfere with use of the waters by humans or by any animal, fish, or plant useful to humans; or
B. contribute to degradation or alteration of the quality of the waters to an extent detrimental to their use by humans or by any animal, fish, or plant that is useful to humans.
**Subp. 6. Other terms and abbreviations.**
Other terms and abbreviations used herein not specifically defined in the law shall be construed in conformance within the context and professional usage.
**History**
- *Statutory Authority: MS s 116.24*
- *History: 17 SR 1279*
##### **Minn. R. 7100.0200** Prescribed Nutrient {#sec-7100.0200 omnilex-key=us-mn-regs-official--agency-167--7100.0200}
Phosphorus, as elemental phosphorus, is prescribed as a nutrient for the purpose of parts 7100.0150 to 7100.0240 pursuant to Minnesota Statutes, section 116.23.
**History**
- *Statutory Authority: MS s 116.24*
##### **Minn. R. 7100.0210** Nutrient Limitation {#sec-7100.0210 omnilex-key=us-mn-regs-official--agency-167--7100.0210}
After January 1, 1977, the maximum permissible concentrations of the prescribed nutrient in the below listed cleaning agents or chemical water conditioners shall be as follows:
A. laundry detergents and built soaps for machine laundry excluding chemical water conditioners: not to exceed 0.5 percent phosphorus, by weight;
B. household and commercial detergents for machine dishwashing: not to exceed 11 percent phosphorus, by weight;
C. all household cleaning agents except those listed in items A and B intended to be used in the home: not to exceed 0.5 percent phosphorus, by weight; and
D. chemical water conditioners for machine laundry use: not to exceed 20 percent phosphorus, by weight.
**History**
- *Statutory Authority: MS s 116.24*
##### **Minn. R. 7100.0220** Exceptions {#sec-7100.0220 omnilex-key=us-mn-regs-official--agency-167--7100.0220}
The amounts of phosphorus permissible in all cleaning agents and chemical water conditioners other than those identified in part 7100.0210 are not limited by parts 7100.0150 to 7100.0240.
**History**
- *Statutory Authority: MS s 116.24*
##### **Minn. R. 7100.0230** Determination of Concentration by Weight {#sec-7100.0230 omnilex-key=us-mn-regs-official--agency-167--7100.0230}
The concentration by weight of prescribed nutrient in any cleaning agent or chemical water conditioner shall be determined by the current applicable method prescribed by the American Society for Testing and Materials (A.S.T.M.).
**History**
- *Statutory Authority: MS s 116.24*
##### **Minn. R. 7100.0240** Variance {#sec-7100.0240 omnilex-key=us-mn-regs-official--agency-167--7100.0240}
In any case where, upon application of the responsible person or persons, the agency finds that by reason of exceptional circumstances the strict enforcement of any provision of parts 7100.0150 to 7100.0240 would cause undue hardship; that the use of cleaning or water conditioning agents containing phosphorus in excess of the permissible levels set forth herein is necessary for the public health, safety, or welfare; or that strict conformities with these limits would be unreasonable, impractical, or not feasible under the circumstances, the agency in its discretion may permit a variance therefrom upon such conditions as it may prescribe for prevention, control, or abatement of pollution in harmony with the general purpose of parts 7100.0150 to 7100.0240 and the intent of applicable state and national laws.
**History**
- *Statutory Authority: MS s 116.24*
##### **Minn. R. 7100.0300** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7100.0300 omnilex-key=us-mn-regs-official--agency-167--7100.0300}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7100.0310** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7100.0310 omnilex-key=us-mn-regs-official--agency-167--7100.0310}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7100.0320** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7100.0320 omnilex-key=us-mn-regs-official--agency-167--7100.0320}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7100.0330** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7100.0330 omnilex-key=us-mn-regs-official--agency-167--7100.0330}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7100.0335** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7100.0335 omnilex-key=us-mn-regs-official--agency-167--7100.0335}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7100.0340** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7100.0340 omnilex-key=us-mn-regs-official--agency-167--7100.0340}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7100.0350** [Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5] {#sec-7100.0350 omnilex-key=us-mn-regs-official--agency-167--7100.0350}
[Repealed, L 1995 c 233 art 3 s 5; L 1995 c 248 art 3 s 5]
##### **Minn. R. 7100.0360** [Repealed, 15 SR 1515] {#sec-7100.0360 omnilex-key=us-mn-regs-official--agency-167--7100.0360}
[Repealed, 15 SR 1515]
## **Chapter 7105** UNDERGROUND STORAGE TANKS; TRAINING
##### **Minn. R. 7105.0010** Definitions {#sec-7105.0010 omnilex-key=us-mn-regs-official--agency-167--7105.0010}
**Subpart 1. Scope.**
For the purposes of this chapter, the following terms and abbreviations have the meanings given them. Terms that are not specifically defined have the meanings given them in Minnesota Statutes, sections 115.01, 115C.02, and 116.46.
**Subp. 1a. Active participation.**
"Active participation" means the process of installing, repairing, or closing an underground storage-tank system, particularly during critical junctures. Active participation does not include the process of sampling soil or groundwater or conducting corrective action at an underground storage tank site.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 3. Approved training provider.**
"Approved training provider" means a person approved by the commissioner to provide the tank service provider training course, recertification course, or the final examination.
**Subp. 4. Certificate.**
"Certificate" means a document issued by the agency to a person who has met the certification requirements of this chapter.
**Subp. 5. Certified contractor.**
"Certified contractor" means a contractor that has been certified by the agency under the requirements of this chapter to engage in the business of installing, repairing, or closing underground storage-tank systems.
**Subp. 6. Certified supervisor or supervisor.**
"Certified supervisor" or "supervisor" means an individual certified by the agency under the requirements of this chapter to perform one or more storage tank projects. This individual provides on-site supervision and direction to workers engaged in a storage tank project.
**Subp. 7. Closure or removal.**
"Closure" or "removal" means permanently taking an underground storage tank out of service by either closing it in place, removing it from the ground, or converting it to store a nonregulated substance, as required by Code of Federal Regulations, title 40, part 280, or its counterpart in chapter 7150.
**Subp. 8. Commissioner.**
"Commissioner" means the commissioner of the agency.
**Subp. 9. Contractor.**
"Contractor" means a corporation, partnership, public agency, or any other association that holds itself out as being qualified to engage in storage tank projects.
**Subp. 10. Critical junctures.**
A. "Critical junctures" in the case of an installation means the steps in the installation of an underground storage-tank system that are important to the prevention of releases, including but not limited to:
B. "Critical junctures" in the case of a tank removal means the steps in the removal project that are important to the prevention of releases, including but not limited to:
C. "Critical junctures" in the case of a repair means the steps in the repair project that are comparable to the steps listed for item A in terms of their importance in the prevention of releases, including but not limited to:
**Subp. 11. Day.**
"Day," when used to describe a day of training, equals eight hours including breaks and lunch.
**Subp. 12. Diploma.**
"Diploma" means a document issued by an approved training provider verifying the successful completion of the required training course.
**Subp. 13. Disciplines of certification or disciplines.**
"Disciplines of certification" or "disciplines" means the categories of tank projects within which a person may be certified under the requirements of this chapter. Each discipline includes the storage tank projects listed in items A and B.
A. The discipline of "installation or repair" includes installation as defined in subpart 15 and repair as defined in subpart 21.
B. The discipline of "closure" includes the storage tank projects defined in subpart 7.
**Subp. 13a. Employ.**
"Employ" means to engage a person's services through a contractual or other written agreement.
**Subp. 14. EPA.**
"EPA" means the United States Environmental Protection Agency.
**Subp. 15. Installation.**
"Installation" means the work involved in placing an underground storage tank in position and preparing it to be placed in service.
**Subp. 16.**
[Repealed, 18 SR 1059]
**Subp. 17. Operator.**
"Operator" means a person in control of, or having responsibility for, the daily operation of a tank, and who was in control of, or had responsibility for, the daily operation of the tank immediately before discontinuation of its use.
**Subp. 18. Owner.**
"Owner" means a person who holds title to, controls, or possesses an interest in a tank and who held title to, controlled, or possessed an interest in a tank immediately before discontinuation of its use. Owner does not include a person who holds an interest in a tank solely for financial security, unless through foreclosure or other related actions the holder of a security interest has taken possession of the tank.
**Subp. 19. Person.**
"Person" means an individual, partnership, association, public or private corporation, or other legal entity, including the United States government, an interstate commission or other body, the state, or any agency, board, bureau, office, department, or political subdivision of the state, but does not include the Pollution Control Agency.
**Subp. 20. Regulated substance.**
"Regulated substance" means:
A. a hazardous material listed in Code of Federal Regulations, title 49, section 172.101; or
B. petroleum, including:
**Subp. 21. Repair.**
"Repair" means the correction, restoration, modification, or upgrading of a tank system, including but not limited to the addition of cathodic-protection systems; the replacement of piping, valves, fill pipes, or vents; and other similar activities that may affect the integrity of the tank system.
**Subp. 22. State.**
"State" means the state of Minnesota.
**Subp. 23. Storage tank project.**
"Storage tank project" means the installation, repair, or closure of an underground storage tank within a common excavation upon which discrete work is done that is separated in time and space.
**Subp. 24. Tank or tank system.**
"Tank" or "tank system" has the same meaning as underground storage tank.
**Subp. 24a. Tank service provider.**
"Tank service provider" means a person who installs, repairs, or closes an underground storage tank.
**Subp. 25. Underground storage tank.**
"Underground storage tank" means any one or a combination of containers including tanks, vessels, enclosures, or structures and underground appurtenances connected to them, that is used to contain or dispense an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected to them, is ten percent or more beneath the surface of the ground.
**History**
- *Statutory Authority: MS s 116.491; 116.497*
- *History: 14 SR 1718; 18 SR 1059; L 1992 c 575 s 53*
##### **Minn. R. 7105.0020** Purpose {#sec-7105.0020 omnilex-key=us-mn-regs-official--agency-167--7105.0020}
This chapter implements the requirement of Minnesota Statutes, section 116.491, that the agency require a person who installs, repairs, or takes an underground storage tank permanently out of service to first obtain a certificate of competency from the agency.
**History**
- *Statutory Authority: MS s 116.491*
- *History: 14 SR 1718*
##### **Minn. R. 7105.0030** General Provisions {#sec-7105.0030 omnilex-key=us-mn-regs-official--agency-167--7105.0030}
**Subpart 1. Certification requirements and deadlines.**
No person may install, repair, or close a tank system after July 9, 1990, unless:
A. a supervisor certified in the appropriate discipline is physically present on site at all critical junctures during the storage tank project; and
B. the certified supervisor in item A is also a certified contractor or is in the employ of a certified contractor.
**Subp. 2. Certificate availability.**
A copy of the contractor's current certificate must be at the work location and posted in a conspicuous place. Certified supervisors must have copies of current certificates issued by the agency at the location where they are supervising work.
**Subp. 3. Tank owner or operator requirements.**
Owners or operators of an underground storage tank must not allow a storage tank project to be performed on their tank system, except in compliance with subpart 1.
**History**
- *Statutory Authority: MS s 116.491*
- *History: 14 SR 1718*
##### **Minn. R. 7105.0040** Exclusions {#sec-7105.0040 omnilex-key=us-mn-regs-official--agency-167--7105.0040}
The following underground storage tanks are excluded from the requirements of this chapter:
A. a wastewater treatment tank system that is part of a wastewater treatment facility regulated under United States Code, title 33, section 1317 or 1342;
B. equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tank systems and electrical equipment tank systems;
C. tank systems with a capacity of 110 gallons or less;
D. tank systems that contain a de minimus concentration of regulated substances;
E. an emergency spill or overfill containment tank system that is expeditiously emptied after use;
F. farm or residential tank systems of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
G. tank systems of 1,100 gallons or less capacity used for storing heating oil for consumptive use on the premises where stored;
H. septic tanks;
I. pipeline facilities, including gathering lines, regulated under United States Code, title 49, chapter 24 or 29;
J. surface impoundments, pits, ponds, or lagoons;
K. stormwater or waste water collection systems;
L. flow-through process tank systems;
M. tank systems located in an underground area such as a basement, cellar, mine working, drift, shaft, or tunnel if the tank is located on or above the surface of the floor;
N. wastewater treatment tank systems;
O. tank systems containing radioactive material that is regulated under the Atomic Energy Act of 1954, United States Code, title 42, sections 2011 to 2296;
P. a tank system that is part of an emergency generator system at nuclear power generator facilities regulated by the Nuclear Regulatory Commission under Code of Federal Regulations, title 10, part 50, Appendix A;
Q. airport hydrant fuel distribution systems; and
R. underground storage-tank systems with field-constructed tanks.
**History**
- *Statutory Authority: MS s 116.491*
- *History: 14 SR 1718*
##### **Minn. R. 7105.0050** Contractor Certification {#sec-7105.0050 omnilex-key=us-mn-regs-official--agency-167--7105.0050}
**Subpart 1. Contractor certification requirements.**
To obtain certification from the commissioner, an applicant for a contractor's certificate shall:
A. be, or have in its employ, a certified supervisor who will exercise responsible supervisory control over a given storage tank project and who will be physically present on site at the critical junctures in the tank project;
B. submit and maintain for the duration of the certification period documentation showing that it has comprehensive general liability insurance, surety bonds, or liquid company assets that, in combination, represent a value of not less than five times the value of the largest storage tank project contract performed by the contractor during the previous two years;
C. complete the application procedures in subpart 3 or 4; and
D. meet the standards of performance of part 7105.0070.
**Subp. 2. Disciplines of contractor certification.**
A contractor may be certified in one or more of the following disciplines providing it employs supervisors that are certified in the disciplines for which the contractor seeks certification, as defined in part 7105.0010, subpart 13:
A. installation or repair; and
B. closure.
**Subp. 3. Application procedures for contractor certification.**
To apply for certification as a certified contractor, the following information must be submitted to the agency on a form provided by the agency:
A. the full name, address, and telephone number of the firm;
B. any names held by the firm within the previous five years;
C. the discipline for which the applicant wishes certification;
D. the nature of the storage tank projects to be conducted;
E. a summary of the project history of the firm over the two-year period immediately preceding the application;
F. documentation that the contractor meets the financial responsibility requirements in subpart 1, item B;
G. identification of industry or government licenses held by the firm related to underground storage tanks;
H. the names of employees certified by the agency to perform and supervise storage tank projects, including identification of the specific disciplines for which they are certified, certification numbers, and expiration dates;
I. a statement signed and notarized by at least one active officer, partner, owner, or designated managerial representative of the contractor that certifies that:
J. remittance of the contractor certification fee. The application must be specific to one contractor, but may include a request to be certified in more than one discipline. The commissioner must be notified in writing within 30 days of any change in status, including but not limited to a change in address, ownership, supervisor status, or loss of a contractor or supervisor certification.
**Subp. 4. Application procedures for contractor certification renewals and upgrades.**
Certification renewals and upgrades must be applied for as outlined in subpart 3. In addition, a copy of the applicant's most recent contractor certificate must also accompany the application. Completed renewal applications should be submitted no later than 30 days before the expiration date.
**Subp. 5. Length of contractor certification.**
Contractor certificates expire two years after the date of issuance.
**History**
- *Statutory Authority: MS s 116.491; 116.497*
- *History: 14 SR 1718; 18 SR 1059*
##### **Minn. R. 7105.0060** Supervisor Certification {#sec-7105.0060 omnilex-key=us-mn-regs-official--agency-167--7105.0060}
**Subpart 1. Supervisor certification requirements.**
To obtain certification from the commissioner, an applicant for a supervisor's certificate shall:
A. in the four-year period immediately before making an initial or renewal application, have successfully completed an approved training course as outlined in parts 7105.0080 and 7105.0090, or a course approved by the commissioner under subpart 7;
B. have at least two years of tank service experience and have actively participated in the field on a minimum of five underground storage tank projects during the four-year period immediately before making an initial or renewal application, with at least four of these projects being in the discipline for which the individual wishes to be certified. Any experience obtained after July 9, 1990, for the purposes of obtaining initial certification, must be in the employ of a certified contractor and under the immediate and personal supervision of a certified supervisor; and
C. complete the application procedures in subpart 4 or 5.
**Subp. 2. Successful completion of training course.**
Successful completion of a training course includes attending all training hours and passing the final examination.
**Subp. 3. Disciplines of supervisor certification.**
An individual, with the appropriate training and experience, may be certified in one or more of the following disciplines, as defined in part 7105.0010, subpart 13:
A. installation or repair; and
B. closure.
**Subp. 4. Application procedures for supervisor certification.**
To apply for certification as a certified supervisor, the following information must be submitted to the agency on a form provided by the agency:
A. the applicant's full name, job title, name of business, business address, and business phone number;
B. a copy of the most recent training course diploma;
C. the date of the final examination and documentation that a passing score was received, if not included on the course diploma;
D. the discipline for which the applicant wishes certification;
E. documentation that the experience requirements in subpart 1 have been met; and
F. a signed, notarized statement that the applicant has obtained a copy, read, understands, and will comply with all applicable laws and rules pertaining to the regulation of underground storage tanks in the state, including the standards of performance in part 7105.0070. The application must be specific to one individual, but may include a request to be certified in more than one discipline.
**Subp. 5. Additional application procedures for supervisor certification renewals and upgrades.**
Certification renewals and upgrades must be applied for as outlined in subpart 4. In addition, a copy of the applicant's most recent certificate must accompany the application. Completed renewal applications should be submitted no later than 30 days before the expiration date.
**Subp. 5a.**
[Repealed, 30 SR 1130]
**Subp. 6. Length of supervisor certification.**
Supervisor certificates expire four years after the applicant successfully completes the final training course examination.
**Subp. 7. Reciprocity.**
The commissioner shall approve a tank service provider certification course sponsored by a state or organization other than an approved training provider if the commissioner determines that the course is comparable to the program outlined in parts 7105.0080 and 7105.0090. Persons seeking reciprocity under this subpart shall be required by the commissioner to pass an examination to verify their familiarity with Minnesota's laws pertaining to underground storage-tank systems if the commissioner finds that their courses did not adequately address Minnesota's statutes and rules. This examination may be taken any time after the completion of the approved training course and before applying for certification. However, the certificate expires four years after the final day of the approved training course.
**History**
- *Statutory Authority: MS s 14.3895; 116.49; 116.491; 116.497*
- *History: 14 SR 1718; 16 SR 2207; 18 SR 1059; 30 SR 1130*
##### **Minn. R. 7105.0070** Standards of Performance {#sec-7105.0070 omnilex-key=us-mn-regs-official--agency-167--7105.0070}
**Subpart 1. Standards of performance for contractors and supervisors.**
Certified contractors and supervisors shall comply with the standards of performance in items A and B.
A. Certified contractors and supervisors shall perform or undertake only those storage tank projects that conform to accepted industry standards and federal, state, and local laws and safeguard the public life, health, safety and welfare, and the environment.
B. Certified contractors and supervisors must not offer, give, solicit, or receive, either directly or indirectly, any commission, gift, or other valuable consideration to secure work, and shall not make any political contribution with the intent to influence the award of a contract by public authority.
**Subp. 2. Additional standards of performance for supervisors.**
In addition to the standards in subpart 1, certified supervisors:
A. shall perform all storage tank projects so that there is no release of the contents of the tank;
B. must not affix the supervisor's signature or certification number to a storage tank project unless it was accomplished under the supervisor's direct control and personal supervision and the supervisor was present at all critical junctures during the storage tank project; and
C. must not certify to an owner that a storage tank project is complete unless it complies with Minnesota Statutes, sections 116.46 to 116.50, Code of Federal Regulations, title 40, part 280, subparts A to G, and state technical tank rules, chapter 7150, adopted under Minnesota Statutes, section 116.49, subdivision 1. Where storage tank projects are being performed for an owner or operator on a contract basis, both the certified supervisor and the certified contractor for whom the supervisor works are responsible for the accuracy of the representations made.
**History**
- *Statutory Authority: MS s 116.491*
- *History: 14 SR 1718*
##### **Minn. R. 7105.0080** Tank Service Provider; Training Course Requirements {#sec-7105.0080 omnilex-key=us-mn-regs-official--agency-167--7105.0080}
**Subpart 1. Initial training course.**
The initial storage tank service provider training course must be at least five days in length and must include lectures, demonstrations, four hours of hands-on training, course review, and a final written examination.
**Subp. 2. Renewal training course.**
The renewal storage tank service provider training course must be at least two days in length and must include lectures, demonstrations, course review, and a final written examination.
**Subp. 3. Training course requirements.**
All the following topics must be included in the initial course. One or more of the following topics must be included in the renewal course. The commissioner shall approve topics to be included in the renewal course based on a list submitted by training providers and based on the requirements of part 7105.0100. Publications cited are incorporated by reference in part 7105.0130:
A. regulatory review providing familiarity with the following codes, statutes, rules, and recommended practices and how they relate to the other course requirements, with particular emphasis on subitem (9):
B. legal liabilities and defenses:
C. safety aspects, including discussions on:
D. underground storage-tank installation:
E. piping:
F. electrical installation:
G. ancillary equipment placement and installation:
H. tank system testing:
I. release detection:
J. corrosion protection:
K. tank closure and removal:
L. role of other consultants, including corrosion experts, environmental contamination consultants, and engineers;
M. contract specifications and discussion of key elements that are included in contract specifications;
N. demonstrations and hands-on training that gives actual experience performing tasks associated with tank projects:
O. record keeping:
P. supervisory techniques for tank activities to enforce and reinforce the required work practices and discourage unsafe work practices;
Q. a discussion of the possible environmental consequences resulting from improper installation, repair, and closure of underground storage-tank systems;
R. course review covering the key aspects of the training course; and
S. other subjects that the commissioner determines should be taught to reflect advances in tank installation, repair, and removal methods or safety practices.
**History**
- *Statutory Authority: MS s 116.491; 116.497*
- *History: 14 SR 1718; 18 SR 1059*
##### **Minn. R. 7105.0090** Examinations and Diplomas {#sec-7105.0090 omnilex-key=us-mn-regs-official--agency-167--7105.0090}
**Subpart 1. Administration of examinations.**
Examinations must be conducted by the agency, or by personnel of colleges or educational institutes selected and designated by the agency.
**Subp. 2. Examination specifications.**
The initial or renewal training course examination administered under this chapter must be a written, comprehensive examination consisting of 100 objective questions, covering the topics discussed in the training course.
**Subp. 3. Examination requirements.**
A person seeking certification or recertification as a certified supervisor shall participate in all course requirements and pass a written final examination. An applicant shall score 75 percent or higher to pass the final examination. The final examination must be passed within ten days after completing the training course, except as provided in subpart 4.
**Subp. 4. Retest.**
If a person fails to pass the initial or renewal training course examination, one retest may be taken within 30 days after a person receives a notice of failure. If a person fails to pass the retest, the full course must be attended again before further testing.
**Subp. 5. Diplomas.**
The training provider shall issue a diploma to each student who completes the initial or renewal training course and successfully passes the examination. The following information must be included on the diploma:
A. the name of the student;
B. the name of the course completed;
C. the dates of the course and the examination;
D. a statement indicating that the student attended the course and passed the examination; and
E. an expiration date for accreditation that is four years after the date on which the student passed the examination. If the person administering the examination is not the same person administering the course, both persons shall sign the diploma.
**History**
- *Statutory Authority: MS s 14.3895; 116.49; 116.491; 116.497*
- *History: 14 SR 1718; 16 SR 2207; 18 SR 1059; 30 SR 1130*
##### **Minn. R. 7105.0100** Approval of Certification Training Courses {#sec-7105.0100 omnilex-key=us-mn-regs-official--agency-167--7105.0100}
**Subpart 1. Application procedures for training course approval.**
The commissioner may approve initial or renewal training courses developed by persons other than the agency staff. The commissioner shall approve a course that meets the requirements of this part and parts 7105.0080 and 7105.0090. To apply for agency approval of a tank service provider training course, the following information must be submitted to the commissioner:
A. the course sponsor's name, address, and phone number;
B. a list of states that currently approve the training course;
C. the course curriculum;
D. a letter from the training course sponsor that clearly indicates how the course meets parts 7105.0080 and 7105.0090, including:
E. a copy of all course materials, such as student manuals, instructor notebooks, and handouts;
F. a detailed statement about development of the examination used in the course;
G. the names and qualifications of course instructors, as outlined in subpart 2; and
H. a description and an example of diplomas issued to students who attend the course and pass the examination.
**Subp. 2. Experience requirements for instructors.**
To be considered qualified, course instructors shall meet the following requirements:
A. field experience in storage tank installation, repair, and removal equal to a total of at least 4,000 hours, which may be met by just one instructor, or through a combination of experience held by a number of instructors; and
B. after meeting the requirement in item A, any additional instructors shall have directly related experience or academic credentials in a related field.
**Subp. 3. Suspension or revocation of course approval.**
The agency shall suspend or revoke approval of a training course if the commissioner finds that the course is not providing training that meets the requirements of this chapter.
**Subp. 4. Renewal of course approval.**
Except as provided in subpart 3, approval of a training course shall remain in effect until the agency notifies approved trainers that changes in the course are required. At that time, the training providers shall submit the revised course to the agency for approval.
**History**
- *Statutory Authority: MS s 116.491; 116.497*
- *History: 14 SR 1718; 18 SR 1059*
##### **Minn. R. 7105.0110** Sanctions {#sec-7105.0110 omnilex-key=us-mn-regs-official--agency-167--7105.0110}
**Subpart 1. Criteria.**
The commissioner may refuse to issue, renew, or reinstate a certificate or suspend or revoke a certificate for any of the following reasons:
A. submission of false or misleading information or credentials to obtain or renew a certificate;
B. failure to meet the requirements to obtain or renew a certificate in this chapter;
C. failure to meet the technical requirements of Code of Federal Regulations, title 40, part 280; technical standards for underground storage tanks, chapter 7150, adopted under Minnesota Statutes, section 116.49, subdivision 1; the requirements of this chapter including the Standards of Performance in part 7105.0070; or other law relating to storage tank projects; or
D. negligence in the performance of storage tank projects.
**Subp. 2. Investigation.**
The commissioner may initiate an investigation upon receiving a signed written complaint alleging the existence of grounds for sanctions against a certified person or an applicant for certification, or whenever the commissioner has reason to believe that sanctions may be warranted.
**Subp. 3. Procedures.**
Prior to revoking or suspending a certificate and subsequent to a refusal to issue, reissue, or reinstate a certificate, the person against whom the sanction is being imposed shall be given notice of the sanction, and the reasons for it, and the person shall have ten days from the date of receiving the notice to request that a contested case hearing be held on the matter. The commissioner shall not revoke or suspend a certificate until the contested case hearing has been completed or until the request for a hearing has been considered at an agency meeting and denied. If no request for a contested case hearing is received by the commissioner within the ten days, the sanction set forth in the notice shall go into effect, in the case of a certificate suspension or revocation, or shall become final, in the case of a refusal to issue, reissue, or reinstate a certificate.
**Subp. 4. Contested case requests.**
Upon receipt of a contested case hearing request, the commissioner shall either grant the request and schedule a hearing or put the matter on the agenda for consideration at an agency meeting under part 7000.0550, subpart 2. If the matter is considered at an agency meeting, the provisions of part 7000.1900 shall govern whether a hearing request is granted. Contested case hearings under this part must comply with the contested case provisions of chapter 7000 and Minnesota Statutes, chapter 14.
**Subp. 5. Return of certificate.**
Upon revocation or suspension, certified persons shall return to the agency their original certificate and current renewal certificates.
**Subp. 6. Recertification.**
A person whose certificate has been revoked shall not be entitled to apply for recertification until at least one year following the effective date of revocation or for any longer period of time specified in the revocation order.
**Subp. 7. Reinstatement after suspension.**
The commissioner shall reinstate a suspended certificate if the person whose certificate has been suspended fulfills the terms of the suspension order and meets all applicable requirements of the rules for obtaining a certificate.
**History**
- *Statutory Authority: MS s 14.06; 116.07; 116.491; 116.497*
- *History: 14 SR 1718; 18 SR 1059; 19 SR 1310*
##### **Minn. R. 7105.0120** Fees {#sec-7105.0120 omnilex-key=us-mn-regs-official--agency-167--7105.0120}
**Subpart 1. Certification fee.**
The fee for each new, modified, or renewal application for contractor or supervisor certification is $50.
**Subp. 2. Refund of fees.**
The agency commissioner shall only return fees received from individuals who are rejected for certification.
**History**
- *Statutory Authority: MS s 116.491*
- *History: 14 SR 1718*
##### **Minn. R. 7105.0130** Incorporation by Reference {#sec-7105.0130 omnilex-key=us-mn-regs-official--agency-167--7105.0130}
**Subpart 1. Scope.**
For purposes of this chapter, the documents in subparts 2 to 4 are incorporated by reference. They can be found at the Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. They are subject to frequent change. If any of the documents in subparts 2 to 4 are amended, and if the amendments are incorporated by reference or otherwise made a part of state or federal law applicable to the installation, repair, or closure of storage tank systems, then the amendments to the documents are also incorporated by reference into this chapter.
**Subp. 2. API documents.**
The following documents are also available from the American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005:
A. American Petroleum Institute, Removal and Disposal of Used Underground Petroleum Storage Tanks, API/RP 1604 (December 1987);
B. American Petroleum Institute, Installation of Underground Petroleum Storage Systems, API/RP 1615 (November 1987);
C. American Petroleum Institute, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API/RP 1632 (December 1987); and
D. American Petroleum Institute, Cleaning Petroleum Storage Tanks, API/RP 2015 (September 1985).
**Subp. 3. NFPA document.**
The following document is also available from the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269: National Fire Protection Association, Cleaning Small Tanks and Containers, NFPA 327 (1987).
**Subp. 4. PEI document.**
The following document is also available from the Petroleum Equipment Institute, P.O. Box 2380, Tulsa, Oklahoma 74101: Petroleum Equipment Institute, Recommended Practices for the Installation of Liquid Storage Systems, PEI/RP 100 (1990).
**History**
- *Statutory Authority: MS s 116.491; 116.497*
- *History: 14 SR 1718; 18 SR 1059*
## **Chapter 7150** UNDERGROUND STORAGE TANKS; PROGRAM
##### **Minn. R. 7150.0010** Applicability {#sec-7150.0010 omnilex-key=us-mn-regs-official--agency-167--7150.0010}
**Subpart 1. Scope.**
The requirements of this chapter apply to all owners and operators of a UST system as defined in part 7150.0030, except as otherwise provided in this part.
**Subp. 2. Exclusions.**
The following UST systems are excluded from the requirements of this chapter:
A. a UST system holding:
B. a wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 307(b) or 402 of the federal Clean Water Act;
C. equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;
D. a UST system with a capacity of 110 gallons or less;
E. a UST system that contains a de minimus concentration of regulated substances;
F. an emergency spill or overflow containment UST system that is expeditiously emptied after use;
G. a farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
H. a tank of 1,100 gallons or less capacity used exclusively for storing heating oil for consumptive use on the premises where stored;
I. a septic tank;
J. a pipeline facility, including gathering lines, regulated under United States Code, title 49, chapter 24 or 29;
K. a surface impoundment, pit, pond, or lagoon used for storing stormwater, wastewater, or animal waste;
L. a stormwater or wastewater collection system;
M. a flow-through process tank;
N. a storage tank situated in an underground area such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is located upon or above the surface of the floor; and
O. an oil-water separator.
**Subp. 3.**
[Repealed, 32 SR 1751]
**Subp. 4.**
[Repealed, 43 SR 1253]
**Subp. 5. Heating-oil tanks.**
Parts 7150.0010; 7150.0030; 7150.0090, subparts 1, 2, 4, 6, and 7; 7150.0100, subparts 7 and 9; 7150.0205, subparts 1 to 4; 7150.0250, subpart 2; and 7150.0345, subpart 2, apply to a UST system of over 1,100 gallons capacity used exclusively for storing heating oil for consumptive use on the premises where stored.
**Subp. 6. Partially excluded tank systems.**
Parts 7150.0010, 7150.0030, and 7150.0090, subpart 2, apply to items A to D. Parts 7150.0100, subpart 9, and 7150.0205, subparts 1, item B; 2; 3, item B; and 4, apply to items A, C, and D:
A. wastewater treatment tanks not regulated under section 307(b) or 402 of the federal Clean Water Act;
B. aboveground storage tanks associated with:
C. UST systems containing radioactive material regulated under the federal Atomic Energy Act of 1954, United States Code, title 42, sections 2011 to 2296; and
D. a UST system that is part of an emergency-generator system at facilities that generate nuclear power and are licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria under Code of Federal Regulations, title 10, part 50.
**Subp. 7. Other potentially harmful substances.**
Part 7150.0100, subpart 9, applies to underground storage tanks storing other potentially harmful substances.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 16 SR 59; 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0020** [Repealed, 32 SR 1751] {#sec-7150.0020 omnilex-key=us-mn-regs-official--agency-167--7150.0020}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0030** Definitions {#sec-7150.0030 omnilex-key=us-mn-regs-official--agency-167--7150.0030}
**Subpart 1. Scope.**
For the purposes of this chapter, the terms in this part have the meanings given them. Terms that are not specifically defined have the meanings given in Minnesota Statutes, sections 115.01, 115C.02, and 116.46.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency or, if a regulated substance is released or spilled, the Minnesota duty officer pursuant to Minnesota Statutes, section 115E.09.
**Subp. 2a. Agency-approved tester.**
"Agency-approved tester" means a person approved by the commissioner to inspect and test components of a UST system according to part 7150.0216, subpart 6, item A.
**Subp. 2b. Airport hydrant fuel distribution system.**
"Airport hydrant fuel distribution system," also called an airport hydrant system, means a UST system that fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants or fill stands with fueling points.
**Subp. 3. Appurtenances.**
"Appurtenances" means components of a UST system such as piping, fittings, flanges, valves, dispensers, and pumps used to distribute, meter, or control the flow of regulated substances to or from an underground storage tank.
**Subp. 4. Beneath the surface of the ground.**
"Beneath the surface of the ground" means below the surface of the ground, concrete, or asphalt or otherwise covered with earthen materials.
**Subp. 4a. Business hours.**
"Business hours" means a minimum of six hours each day, Monday through Friday, excluding holidays, during which business is conducted.
**Subp. 5. Cathodic protection.**
"Cathodic protection" means using a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a UST system can be cathodically protected through the application of either sacrificial anodes or impressed current.
**Subp. 6. Cathodic-protection tester.**
"Cathodic-protection tester" means a person who has demonstrated an understanding of the principles and measurements of all common types of cathodic-protection systems as applied to buried or submerged metal piping and UST systems by passing a test on cathodic protection given by NACE International or the Steel Tank Institute. The person must also have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and UST systems.
**Subp. 7. Change in status.**
"Change in status" means a permanent removal from service or a change in the reported uses, contents, or ownership of an underground storage tank under Minnesota Statutes, section 116.48, subdivision 3, including temporary closure of 90 days or more and change to storage of a nonregulated substance.
**Subp. 8.**
[Repealed, 43 SR 1253]
**Subp. 8a. Class A operator.**
"Class A operator" means an individual who has primary responsibility to operate and maintain the UST system.
**Subp. 8b. Class B operator.**
"Class B operator" means an individual who has daily responsibility to operate and maintain the UST system.
**Subp. 8c. Class C operator.**
"Class C operator" means an individual who has daily on-site presence and responsibility to handle emergencies and alarms pertaining to a spill or release from the UST system.
**Subp. 9. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 10. Compatible.**
"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another under conditions likely to be encountered in the UST system.
**Subp. 11. Connected piping.**
"Connected piping" means underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a UST system through which regulated substances flow. For the purpose of determining how much piping is connected to an individual UST system, the piping that joins two UST systems is allocated equally between them.
**Subp. 12. Consumptive use.**
"Consumptive use," with respect to heating oil, means consumed on the premises.
**Subp. 12a. Containment sump.**
"Containment sump" means a single- or double-walled liquid-tight container that:
A. protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps, and related components in the containment area; and
B. is located at the top of the tank, such as tank top or submersible turbine pump sumps; underneath the dispenser, such as underdispenser containment sumps; or at other points in the piping run, such as transition or intermediate sumps.
**Subp. 13. Corrosion expert.**
"Corrosion expert" means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person must be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.
**Subp. 14. Dielectric material.**
"Dielectric material" means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate underground storage-tank systems from the surrounding soils. Dielectric bushings are used to electrically isolate parts of the UST system, for example, tank from piping.
**Subp. 14a. Dispenser.**
"Dispenser" means equipment that is used to transfer a regulated substance from underground piping, through a rigid or flexible hose or piping located above ground, to a point of use outside of the UST system, such as a motor vehicle. A dispenser does not include a loading rack used to transfer a regulated substance into the storage compartment of a bulk transport vehicle.
**Subp. 15. Electrical equipment.**
"Electrical equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.
**Subp. 16. Excavation zone.**
"Excavation zone" means the volume containing the UST system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.
**Subp. 17.**
[Repealed, 32 SR 1751]
**Subp. 18. Farm tank.**
"Farm tank" means a tank located on a tract of land devoted to the production of crops, raising animals, including fish, range land, nurseries with growing operations, and associated residences and improvements. A farm tank must be located on the farm property.
**Subp. 18a. Field-constructed tank.**
"Field-constructed tank" means a tank that is built or assembled at the tank site, but does not include a tank with a lining.
**Subp. 19. Flow-through process tank.**
"Flow-through process tank" means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.
**Subp. 20. Free product.**
"Free product" means a regulated substance that is present as a nonaqueous phase liquid, for example, liquid not dissolved in water.
**Subp. 21. Gathering lines.**
"Gathering lines" means a pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.
**Subp. 22. Hazardous substance.**
A. "Hazardous substance" means:
B. Substances identified in item A that also meet the definition of petroleum are considered hazardous substances.
**Subp. 23.**
[Repealed, 43 SR 1253]
**Subp. 24. Heating oil.**
"Heating oil" means petroleum that is Nos. 1, 2, and 4 light, No. 4 heavy, No. 5 light, No. 5 heavy, and No. 6 technical grades of fuel oil; other residual fuel oils, including Navy Special Fuel Oil and Bunker C; and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.
**Subp. 25. Hydraulic lift tank.**
"Hydraulic lift tank" means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
**Subp. 25a.**
[Repealed, 43 SR 1253]
**Subp. 25b. Impressed current or impressed-current system.**
"Impressed current" or "impressed-current system" means a method of corrosion protection that generates a cathodic current from a power source, such as a rectifier that converts alternating current to direct current, where the cathodic current flows from the anodes through the soil to the UST system and returns to the power source through an insulated wire attached to the UST system.
**Subp. 25c. Leak.**
"Leak" means discharge of a regulated substance or any other potentially harmful substance from a point in a UST system that is not intended to be a discharge or dispensing point. A leak that reaches the environment is a release.
**Subp. 25d. Leak detection.**
"Leak detection" has the meaning given under subpart 42.
**Subp. 25e. Lessee.**
"Lessee" means a person that leases a UST system. A lessee is also an operator if the lessee is in control of the daily operation of the UST system.
**Subp. 25f. Lining or internal lining.**
"Lining" or "internal lining" means a coating of noncorrosive material bonded to the interior surface of a tank.
**Subp. 25g. Liquid tight.**
"Liquid tight" means that liquid is not able to leak from a component of a UST system and that subsurface water is not able to infiltrate a tank, pipe, or secondary-containment area.
**Subp. 26. Maintenance.**
"Maintenance" means the normal operational upkeep to prevent a UST system from releasing a regulated substance.
**Subp. 27. Motor fuel.**
"Motor fuel" means a complex blend of hydrocarbons used to operate a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or a blend containing one or more of these substances.
**Subp. 28.**
[Repealed, 32 SR 1751]
**Subp. 29. Noncommercial purposes.**
"Noncommercial purposes," with respect to motor fuel, means not for resale.
**Subp. 29a. Noncorrodible material.**
"Noncorrodible material" means a synthetic or processed material that is certified for use in UST systems and compatible with the substance being stored in a UST system and the surrounding environment.
**Subp. 30. On the premises where stored.**
"On the premises where stored," with respect to heating oil, means underground storage-tank systems located on the same property where the stored heating oil is used.
**Subp. 31. Operational life.**
"Operational life" means the period beginning when installation of the UST system has begun until the time the UST system is permanently closed under part 7150.0410.
**Subp. 32. Operator.**
A. "Operator" means a person who:
B. Operator does not include a person who operates a tank if the tank is not regulated by this chapter.
**Subp. 32a. Other potentially harmful substances.**
"Other potentially harmful substances" means substances that are not regulated substances when used as intended by the manufacturer but that may cause harm to human health and the environment if released from a leaking UST system because of the volume and nature of the release. Other potentially harmful substances does not include:
A. petroleum substances under standard temperature and pressure; or
B. hazardous substances.
**Subp. 32b. Out of service.**
"Out of service" means the status of a UST system from which a regulated substance is not or has not been introduced or dispensed, pending a decision or action to close the UST system or begin reusing the UST system.
**Subp. 33. Overfill release.**
"Overfill release" means a release occurring when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.
**Subp. 34. Owner.**
A. "Owner" means a person who:
B. Owner does not include a person who:
**Subp. 34a. Permanent closure.**
"Permanent closure" means permanently taking a UST system out of service by either closing it in place or removing it from the ground.
**Subp. 35. Person.**
"Person" means an individual, partnership, association, public or private corporation, or other legal entity, including the United States government, an interstate commission or other body, the state, or any agency, board, bureau, office, department, or political subdivision of the state, but does not include the Minnesota Pollution Control Agency.
**Subp. 36. Petroleum.**
"Petroleum" means one of the following substances:
A. diesel fuel oil, gasoline, and heating fuel oil as defined in Minnesota Statutes, section 296A.01, subdivisions 14, 23, and 26;
B. crude oil or a fraction of crude oil that is liquid at a temperature of 60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute;
C. constituents of gasoline and fuel oil under item A and constituents of crude oil under item B; or
D. petroleum-based substances that are comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, and used oils.
**Subp. 37. Petroleum UST system.**
"Petroleum UST system" means a UST system that is used to contain petroleum or a mixture of petroleum with de minimis quantities of hazardous substances.
**Subp. 38. Pipe or piping.**
"Pipe" or "piping" means a hollow cylinder or tubular conduit for conveying a regulated substance from one point to another within a UST system that is made of nonearthen materials.
**Subp. 38a.**
[Renumbered subp 38c]
**Subp. 38b. Pipeline facilities.**
"Pipeline facilities," including gathering lines, means new and existing pipe rights-of-way and any associated equipment, facilities, or buildings.
**Subp. 38c. Piping system.**
"Piping system" means piping, secondary containment, leak-detection devices, tubing, flanges, gaskets, valves, fittings, flexible connectors, and other pipe appurtenances that mix, separate, distribute, meter, or control flow and any core components that allow the piping system to function as intended and in accordance with installation requirements. Piping system includes:
A. a pipe run, which is the portion of the pipe from the submersible pump to the furthest dispenser, or in the case of suction piping, from the top of the tank to the furthest dispenser, or in cases where piping enters a building, the first pipe joint inside the building. UST systems may have multiple pipe runs;
B. a pipe segment, which is the portion of pipe between components in a pipe run, such as from the pump to a dispenser or between two dispensers; and
C. a pipe section, which is the portion of a pipe segment that is limited to ten feet in length.
**Subp. 39.**
[Renumbered subp 38b]
**Subp. 39a. Product.**
"Product" means a regulated substance.
**Subp. 40. Regulated substance.**
"Regulated substance" means a hazardous substance or petroleum.
**Subp. 41. Release.**
"Release" means a spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a UST system into the environment including spills associated with overfills and transfer operations as the regulated substance moves to or from a UST system. Release does not include discharges or designed venting allowed under agency rules.
**Subp. 42. Release detection or leak detection.**
"Release detection" or "leak detection" means determining whether a release of a regulated substance has occurred from the UST system:
A. into the environment; or
B. into the interstitial space between the UST system and its secondary barrier or between the UST system and its secondary containment.
**Subp. 43. Repair.**
"Repair" means to correct or restore a component of a UST system to the component's original design function or operating condition.
A. "Piping repair" includes installing a single section of up to ten feet of new piping to replace existing piping.
B. "Dispenser repair" includes installing a new dispenser to replace an existing dispenser if work is performed entirely on or above any shear valves and check valves.
C. "Tank repair" includes repairing a tank lining, patching or coating damaged areas, and repairing or replacing corrosion protection.
**Subp. 43a. Replace or replacement.**
"Replace" or "replacement" means to install a new component for a UST system in substantially the same location as another component of a UST system in lieu of that component. Replacement includes:
A. piping repair to install a single piping segment or an accumulation of piping segments of more than ten feet of new piping to replace existing piping;
B. installing a new dispenser if work is performed beneath any shear valve or check valve or on any flexible connector or unburied riser; and
C. installing a replacement submersible pump that involves removing the pump head from the riser.
**Subp. 43b.**
[Renumbered subp 43d]
**Subp. 43c. Residential tank.**
"Residential tank" means a tank located on property used primarily for dwelling purposes.
**Subp. 43d. Retrofit tank.**
"Retrofit tank" means a new tank installed in an existing host tank as an internal lining according to part 7150.0205, subpart 1.
**Subp. 44.**
[Renumbered subp 43c]
**Subp. 44a.**
[Repealed, 43 SR 1253]
**Subp. 44b. Sacrificial-anode system.**
"Sacrificial-anode system" means a cathodic-protection system that uses zinc, magnesium, or other anodic metals buried near and connected to the metal surface that is being protected.
**Subp. 44c. Secondary containment or secondarily contained.**
"Secondary containment" or "secondarily contained" means a release-prevention and release-detection system that is used for a UST system and that has an inner and outer barrier with an interstitial space that is monitored for leaks.
**Subp. 45. Septic tank.**
"Septic tank" means a watertight, covered receptacle designed to receive or process through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from the receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.
**Subp. 45a. Spill bucket.**
"Spill bucket" means a containment structure designed to capture releases that may occur in the UST fill port when a regulated substance is transferred. "Spill containment," "spill container," and "spill catchment basin" have the same meaning as spill bucket.
**Subp. 46. Stormwater or wastewater collection system.**
"Stormwater or wastewater collection system" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or areas where treatment is designated to occur. The collection of stormwater and wastewater does not include treatment, except where incidental to conveyance.
**Subp. 46a. Sump.**
"Sump" means an area belowground that is designed to provide access to components of a UST system such as pumps, valves, piping, and fittings. Sump includes a dirt sump, an uncontained sump, and a containment sump.
**Subp. 47. Surface impoundment.**
"Surface impoundment" means a natural topographic depression, artificial excavation, or diked area formed primarily of earthen materials, although it may be lined with synthetic materials, that is not an injection well.
**Subp. 48. Tank.**
"Tank" is a stationary device designed to contain an accumulation of regulated substances and constructed of nonearthen materials, such as concrete, steel, and plastic, that provide structural support.
**Subp. 49.**
[Repealed, 43 SR 1253]
**Subp. 49a. Unattended card-lock facility.**
"Unattended card-lock facility" means a facility where dispensing a regulated substance during business hours is mechanically or electronically controlled without the constant on-site presence of a class A, B, or C operator.
**Subp. 50. Underground area.**
"Underground area" means an underground room such as a basement, cellar, shaft, or vault providing enough space for physical inspection of the entire exterior of the tank or the tank's secondary containment, situated on or above the surface of the floor.
**Subp. 50a. Underground storage tank or UST.**
"Underground storage tank" or "UST" means any one or combination of tanks, vessels, enclosures, structures, or internal linings that is used to contain an accumulation of regulated substances or other potentially harmful substances when the combined volume, including the volume of connected pipes, is ten percent or more beneath the surface of the ground. An underground storage tank does not include any tank described in part 7150.0010, subpart 2.
**Subp. 51. Underground storage-tank system or UST system.**
A. "Underground storage-tank system" or "UST system" means an underground storage tank and any underground piping or equipment connected to an underground storage tank that is used to:
B. UST system does not include any tanks, pipes, or appurtenances connected to a tank described in part 7150.0010, subpart 2.
**Subp. 51a. Unusual operating condition.**
"Unusual operating condition" means:
A. a condition, equipment deficiency, or occurrence that results in a release of a regulated substance;
B. an unexplained presence of water in the tank;
C. liquid in the interstitial space of secondary-containment systems;
D. erratic behavior of product dispensing equipment;
E. a sudden loss of product from the UST system; or
F. monitoring results that indicate the possibility of a leak from a UST system.
**Subp. 52.**
[Repealed, 32 SR 1751]
**Subp. 53. Wastewater treatment tank.**
"Wastewater treatment tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.
**History**
- *Statutory Authority: MS s 115.03; 116.49*
- *History: 16 SR 59; 17 SR 1279; L 1992 c 575 s 53; 25 SR 556; 32 SR 1751; 43 SR 1253*
##### **Minn. R. 7150.0090** Notification and Certification {#sec-7150.0090 omnilex-key=us-mn-regs-official--agency-167--7150.0090}
**Subpart 1. Prenotification.**
At least ten days before beginning any of the following activities, owners and operators must notify the agency in the manner prescribed by the commissioner of their intent to perform the activity:
A. installation, replacement, or repair of a UST system, including tanks, piping, linings, containment sumps, and corrosion protection systems, but excluding dispensers and exposed components below grade that can be visually inspected;
B. permanent closure of a UST system;
C. change in status of a UST system to storage of a nonregulated substance; and
D. inspection of a lining on an internally lined tank.
**Subp. 2. Notification of installation, replacement, or change in status.**
Owners and operators who bring a UST system or components such as tanks, retrofit tanks, piping, or dispensers into use or make a change in status must, within 30 days of bringing the UST system into use or making a change in status, submit to the agency, in the manner prescribed by the commissioner, a notice of the existence of the UST system or type of change in status, including the information required by Minnesota Statutes, section 116.48, subdivisions 1 and 3.
**Subp. 3. Certification by owners and operators.**
Owners and operators of new and replacement UST systems, including tanks, retrofit tanks, piping, and dispensers, must sign and certify in the notification form compliance with the following requirements:
A. installation of tanks, piping, and dispensers according to parts 7150.0100 and 7150.0205, including secondary containment of new and replacement tanks, piping, and dispensers;
B. financial responsibility under Code of Federal Regulations, title 40, part 280, subpart H;
C. release detection according to parts 7150.0300 to 7150.0340; and
D. corrosion protection according to part 7150.0215.
**Subp. 4. Certification by installers.**
Owners and operators of new and replacement UST systems, including tanks, retrofit tanks, piping, or dispensers, must ensure that the installer signs and certifies in the notification form that:
A. all work was performed as specified by the manufacturer's instructions;
B. all work was performed according to the applicable codes of practice in parts 7150.0205 and 7150.0500;
C. all work was performed according to applicable state and federal regulations, including this chapter; and
D. the installer is in compliance with certification requirements imposed by chapter 7105.
**Subp. 5. Notification of cathodic protection testing.**
Owners and operators of underground storage-tank systems with cathodic protection must notify the agency, or ensure that a cathodic protection tester notifies the agency, of the results of testing of cathodically protected tanks and piping as required by part 7150.0215, within 30 days of completion of testing, in the manner prescribed by the commissioner.
**Subp. 6. Notification of tank sale.**
A person who sells a tank intended to be used as an underground storage tank or property that the seller knows contains an underground storage tank must notify the purchaser of the tank in writing prior to closing the transaction of the new owner's notification obligations under subpart 2 and Minnesota Statutes, section 116.48.
**Subp. 7. Notification of tank purchase.**
A person who purchases property that the purchaser knows contains a UST system must notify the agency within 30 days after closing the transaction, pursuant to subpart 2. The notification must include the change in ownership and verify that all operators, including lessees, have read this chapter and have sufficient knowledge in the operation and maintenance of UST systems.
**Subp. 8. Notification of compatibility.**
Owners and operators of a UST system must notify the agency at least 30 days before storing a regulated substance containing more than ten percent ethanol, more than 20 percent biodiesel, or any other regulated substance identified by the commissioner as a substance that could degrade components of a UST system. Owners and operators must demonstrate to the commissioner that the components of the UST system are compatible with the product being stored in accordance with part 7150.0100, subpart 9.
**Subp. 9. Notification of other regulated substances.**
The commissioner must notify owners and operators in writing or electronically if the commissioner identifies any other regulated substances that require notice of compatibility under subpart 8.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 32 SR 1751; 43 SR 1253*
##### **Minn. R. 7150.0100** Performance Standards for Ust Systems {#sec-7150.0100 omnilex-key=us-mn-regs-official--agency-167--7150.0100}
**Subpart 1. Purpose.**
To prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of underground storage-tank systems must meet the requirements in subparts 7 to 14.
**Subp. 2.**
[Repealed, 32 SR 1751]
**Subp. 3.**
[Repealed, 32 SR 1751]
**Subp. 4.**
[Repealed, 32 SR 1751]
**Subp. 5.**
[Repealed, 32 SR 1751]
**Subp. 6.**
[Repealed, 32 SR 1751]
**Subp. 7. Installation.**
Owners and operators must ensure that the person installing UST systems or components has been certified under chapter 7105. All UST systems must be properly installed according to the manufacturer's instructions and one of the following codes of practice developed by a nationally recognized association or independent testing laboratory. The codes are incorporated by reference under part 7150.0500:
A. American Petroleum Institute, Installation of Underground Petroleum Storage Systems, API RP 1615;
B. National Fire Protection Association:
C. Petroleum Equipment Institute:
**Subp. 8.**
[Repealed, 32 SR 1751]
**Subp. 9. Compatibility.**
A. Owners and operators must use UST systems made of materials that are compatible with the substance stored in the UST system. Owners and operators storing a regulated substance containing more than ten percent ethanol, more than 20 percent biodiesel, or any other substance identified by the commissioner that could degrade components of a UST system must also comply with item B, if applicable, and item C or D.
B. Owners and operators must provide secondary containment for tanks retrofitted after April 29, 2019, according to part 7150.0205, subpart 1.
C. Owners and operators must demonstrate compatibility of the UST system by showing:
D. Owners and operators may demonstrate compatibility other than as specified in item C if they:
E. When considering an alternative option under item D, the commissioner must consider the type of substance and concentration of the substance that can be safely stored as part of the alternative option. If the commissioner approves the alternative option, owners and operators must comply with any conditions imposed by the commissioner to ensure human health and the environment are protected.
**Subp. 10.**
[Repealed, 43 SR 1253]
**Subp. 11. Spill- and overfill-release prevention.**
A. Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner or operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling. One of the following codes of practice developed by a nationally recognized association or independent testing laboratory must be used to comply with this subpart. The codes are incorporated by reference under part 7150.0500:
B. Owners and operators must report, investigate, and clean up any spills and overfills according to Minnesota Statutes, section 115.061.
**Subp. 12.**
[Repealed, 43 SR 1253]
**Subp. 12a. Containment sumps and spill buckets.**
Owners and operators must ensure that containment sumps used for interstitial monitoring and spill buckets are liquid tight to prevent releases of regulated substances to the environment.
**Subp. 13. Shear valves.**
Owners and operators must ensure all shear valves are securely anchored and installed according to manufacturer recommendations and industry standards. Shear valves installed or repaired after April 29, 2019, must be of a double-poppet design that prevents release of fuel from both sides of the shear valve if the shear valve breaks at the shear point.
**Subp. 14. Drop tubes.**
Owners and operators must ensure that all underground storage tanks have a drop tube that extends to within six inches of the tank bottom.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 16 SR 59; 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0110** [Repealed, 32 SR 1751] {#sec-7150.0110 omnilex-key=us-mn-regs-official--agency-167--7150.0110}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0120** [Repealed, 32 SR 1751] {#sec-7150.0120 omnilex-key=us-mn-regs-official--agency-167--7150.0120}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0200** [Repealed, 32 SR 1751] {#sec-7150.0200 omnilex-key=us-mn-regs-official--agency-167--7150.0200}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0205** Design and Construction {#sec-7150.0205 omnilex-key=us-mn-regs-official--agency-167--7150.0205}
**Subpart 1. Tanks.**
A. Tanks that do not meet the requirements of this subpart must be permanently closed according to part 7150.0410.
B. Owners and operators must ensure that any underground part of a tank that routinely contains product is properly designed, constructed, and protected from corrosion using one of the methods under this item. The tank must be:
C. Except for heating-oil tanks, owners and operators must:
**Subp. 2. Codes of practice for tanks.**
The codes of practice in this subpart must be used to comply with subpart 1, as applicable. The codes are incorporated by reference under part 7150.0500.
A. American Petroleum Institute, Interior Lining and Periodic Inspection of Underground Storage Tanks, API STD 1631.
B. NACE International, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, SP0285-2011.
C. Steel Tank Institute, Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks, R012.
D. Steel Tank Institute, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel USTs, F894.
E. Steel Tank Institute, Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, STI-P3®.
F. Steel Tank Institute, Standard for Dual Wall Underground Steel Storage Tanks, F841.
G. Steel Tank Institute, ACT-100-U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks, F961.
H. Steel Tank Institute, Specification for Permatank®, F922.
I. Underwriters' Laboratories of Canada, External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids, CAN/ULC-S603.1-11.
J. Underwriters' Laboratories of Canada, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, CAN/ULC-S603-14.
K. Underwriters' Laboratories of Canada, Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems, ULC-S631-05.
L. Underwriters' Laboratories of Canada, Standard for Fibre Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids, CAN/ULC-S615-14.
M. Underwriters Laboratories, Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems, UL 1856.
N. Underwriters Laboratories, Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures, UL 1316.
O. Underwriters Laboratories, Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks, UL 1746.
P. Underwriters Laboratories, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, UL 58.
**Subp. 3. Piping.**
A. Piping that does not meet the requirements of this subpart must be permanently closed according to part 7150.0410.
B. Owners and operators must ensure that piping that routinely contains product is properly designed, constructed, and protected from corrosion using one of the methods under this item. The piping must be:
C. Except for heating-oil piping and piping that conveys product under suction and meets the design requirements of part 7150.0300, subpart 6, item B, subitem (2), owners and operators must:
**Subp. 4. Codes of practice for piping.**
The codes of practice under this subpart must be used to comply with subpart 3, as applicable. The codes are incorporated by reference under part 7150.0500.
A. American Petroleum Institute, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API RP 1632.
B. NACE International, Control of External Corrosion on Underground or Submerged Metallic Piping Systems, SP0169-2013.
C. NACE International, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, SP0285-2011.
D. Steel Tank Institute, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, R892.
E. Underwriters' Laboratories of Canada, Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids, CAN/ULC S660-08.
F. Underwriters Laboratories, Standard for Nonmetallic Underground Piping for Flammable Liquids, UL 971.
G. Underwriters Laboratories, Outline of Investigation for Metallic Underground Fuel Pipe, UL 971A.
**Subp. 5. Spill-prevention and overfill-prevention equipment.**
A. Except as provided in item B, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must use:
B. Owners and operators are not required to use the spill-prevention and overfill-prevention equipment specified in item A if:
C. Before placing a UST system into service, the owners and operators must:
**Subp. 6. Submersible pump sumps.**
A. After December 22, 2007, owners and operators must provide any new or replacement submersible pump with secondary containment around and beneath the pump head. Secondary containment must be:
B. The following codes of practice are incorporated by reference under part 7150.0500 and must be used to meet the requirements of this subpart, as applicable:
**Subp. 7. Dispenser sumps.**
A. Owners and operators must install secondary containment under a dispenser if:
B. Secondary containment must be:
C. Owners and operators must ensure that underdispenser containment installed after April 29, 2019, allows for visual inspection and access to the components in the containment system.
D. Owners and operators performing dispenser repair are not required to install secondary containment.
E. The following codes of practice are incorporated by reference under part 7150.0500 and must be used to meet the requirements of this subpart, as applicable:
**Subp. 8. Emergency stops.**
Owners and operators must have an emergency disconnect switch that complies with the Minnesota State Fire Code and is readily available to persons dispensing a regulated substance so as to disconnect electric power to pumps and dispensers in the event of an emergency. For purposes of this subpart, "readily available" means that an emergency disconnect switch is located within 100 feet of, but not less than 20 feet from, an exterior dispenser, and, for interior dispensers, the emergency disconnect switch is installed at a location approved by the local fire chief or the chief's designee.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0210** [Repealed, 32 SR 1751] {#sec-7150.0210 omnilex-key=us-mn-regs-official--agency-167--7150.0210}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0211** [Repealed, 43 SR 1253] {#sec-7150.0211 omnilex-key=us-mn-regs-official--agency-167--7150.0211}
[Repealed, 43 SR 1253]
##### **Minn. R. 7150.0215** Operating and Maintaining Corrosion Protection {#sec-7150.0215 omnilex-key=us-mn-regs-official--agency-167--7150.0215}
**Subpart 1. Operating and maintaining cathodic protection.**
Owners and operators of a UST system must operate and maintain cathodic-protection systems to continuously provide cathodic protection to the metal components of the parts of the tank and piping that routinely contain regulated substances and are in contact with the ground.
**Subp. 2. Sacrificial-anode systems.**
Owners and operators with a sacrificial-anode system for cathodic protection must test for proper operation according to the following requirements:
A. systems must be tested by a cathodic-protection tester:
B. one of the codes of practice under subpart 5 must be used to determine that cathodic protection is adequate as required by this subpart; and
C. repairs to sacrificial-anode systems must be conducted within 60 days of failing test results and must be:
**Subp. 3. Impressed-current systems.**
Owners and operators with an impressed-current system for cathodic protection must test for proper operation according to the following requirements:
A. the rectifier must be read every 60 days to ensure that current is being delivered to the system, and the voltage and amperage readings must be recorded;
B. systems must be tested by a corrosion expert or a cathodic-protection tester:
C. one of the codes of practice under subpart 5 must be used to determine that cathodic protection is adequate as required by this subpart; and
D. repairs to the impressed-current system must be conducted:
**Subp. 4. Internally lined tanks.**
A. Owners and operators must ensure that a tank with an internal lining for corrosion protection is internally inspected and evaluated within ten years after lining and every five years thereafter and found to be structurally sound with the lining performing according to original design specifications as follows:
B. A written inspection report must be produced that describes the results of all tests and evaluations required by item A, subitem (4), and the results of tightness testing under item A, subitem (7). The report must identify any abnormal conditions found during the inspection and the measures taken to correct the conditions. The inspector must certify in the report that, in the professional judgment of the inspector, the tank is structurally sound, the lining is performing according to original design specifications, and the tank and lining will maintain their integrity for at least five years under the anticipated conditions of use. The inspection report must be submitted to the agency within 60 days after the internal inspection.
C. A tank with an internal lining as the sole method of corrosion protection must be permanently closed and site assessment completed according to parts 7150.0345 and 7150.0410 if at any time abnormal conditions other than minor abnormal conditions described in item A, subitem (6), are found to exist. The lining may not be replaced, nor may the tank be upgraded with cathodic protection or another corrosion-protection method to meet the requirements of this subpart.
**Subp. 5. Codes of practice.**
The following codes of practice for operating and maintaining cathodic protection must be used to comply with this part, as applicable, and the codes are incorporated by reference under part 7150.0500:
A. NACE International, Control of External Corrosion on Underground or Submerged Metallic Piping Systems, SP0169-2013;
B. NACE International, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, SP0285-2011;
C. NACE International, Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems, TM101-2012;
D. NACE International, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems, TM0497-2012;
E. Petroleum Equipment Institute, Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-11;
F. Steel Tank Institute, Cathodic Protection Testing Procedures for sti-P3® UST's, R051;
G. Steel Tank Institute, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, R892; and
H. Steel Tank Institute, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® UST's, R972.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0216** Operating, Maintaining, and Testing Ust Systems {#sec-7150.0216 omnilex-key=us-mn-regs-official--agency-167--7150.0216}
**Subpart 1. General.**
A. Owners and operators must maintain, test, operate, and inspect tanks, piping, and associated components of a UST system as described in this part in accordance with one of the following methods:
B. Wastes from testing, such as hydrostatic testing water, must be properly disposed of according to state and local regulations. Documentation demonstrating that testing wastes were properly disposed of according to state and local regulations must be maintained according to part 7150.0450.
**Subp. 2. Periodic operation and maintenance inspections.**
A. Owners and operators of a UST system must ensure the proper maintenance and operation of the UST system. At a minimum, owners and operators must conduct a monthly walk-through inspection of the UST system. During the inspection, the owners and operators must:
B. Submersible pump sumps are exempt from inspections under item A if the sump is secondarily contained and equipped with a leak-sensing device that alerts the operator of a regulated substance or water in the sump and the sump sensor is tested annually for proper function.
C. Spill buckets are exempt from inspections under item A if the UST system receives deliveries at intervals greater than 30 days and the spill bucket is inspected before and immediately after each delivery. Owners and operators must maintain delivery records to verify infrequent deliveries.
D. Owners and operators must maintain records of inspections under this subpart. Records must include a list of each area checked, whether each area checked was compliant or needed action taken, and a description of any compliance actions taken.
**Subp. 3. Release-detection equipment.**
A. Owners and operators must test and maintain release-detection equipment to ensure that the equipment can detect a release from any part of the UST system that routinely contains product.
B. Owners and operators must annually test electronic, mechanical, and handheld components of release-detection equipment for serviceability and proper operation. Beginning no later than October 13, 2020, owners and operators must annually inspect components listed under item C using an agency-approved tester.
C. As applicable to the facility, testing under this subpart must, at a minimum, include the following components and criteria:
**Subp. 4. Spill buckets and containment sumps.**
A. Owners and operators must ensure spill buckets and containment sumps used for interstitial monitoring of piping prevent releases to the environment by:
B. Any automatic leak-sensing device used to monitor spill bucket or containment sump interstitial areas must be tested annually for proper function.
C. Beginning no later than October 13, 2020, testing under items A, subitem (1), and B must be performed by an agency-approved tester.
**Subp. 5. Overfill-prevention equipment.**
Owners and operators must ensure overfill-prevention equipment is inspected at least every three years. The inspection must ensure that the overfill-prevention equipment is set to activate at the correct level, as specified in part 7150.0205, subpart 5, item A, subitem (2), and will activate when a regulated substance reaches that level. Beginning no later than October 13, 2020, inspections under this subpart must be performed by an agency-approved tester.
**Subp. 6. Agency-approved testers.**
A. To become agency-approved testers, individuals must:
B. The commissioner must deny an application for an agency-approved tester or suspend, restrict, or revoke approval of an agency-approved tester if the commissioner finds the applicant or tester:
C. The commissioner must provide written notice by mail to the subject of the action under item B describing, as applicable, the effective date of the action, the basis for the action under item B, the facts supporting the action, and the specific steps necessary to become an approved tester. The notice must contain a statement that any request for a contested case hearing must, within ten calendar days exclusive of the day of service, be filed as a written request with the commissioner. If a contested case hearing is requested, the action is stayed pending the outcome of the hearing. If the individual does not request a hearing, the subject of the action forfeits any opportunity for a hearing. An agency-approved tester or applicant whose approval is revoked or denied may not apply for approval for one year after the effective date of revocation or denial.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 43 SR 1253*
##### **Minn. R. 7150.0220** [Repealed, 32 SR 1751] {#sec-7150.0220 omnilex-key=us-mn-regs-official--agency-167--7150.0220}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0230** [Repealed, 32 SR 1751] {#sec-7150.0230 omnilex-key=us-mn-regs-official--agency-167--7150.0230}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0240** [Repealed, 32 SR 1751] {#sec-7150.0240 omnilex-key=us-mn-regs-official--agency-167--7150.0240}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0250** Restoration, Corrective Actions, and Required Permanent Closure {#sec-7150.0250 omnilex-key=us-mn-regs-official--agency-167--7150.0250}
**Subpart 1. Unusual operating conditions.**
A. Owners and operators must immediately investigate and remedy all unusual operating conditions in a UST system. The owner or operator must take the UST system out of service unless:
B. The owner or operator must report unresolved unusual operating conditions that may have resulted in a leak or that indicate a release has occurred according to part 7150.0345, subpart 2.
**Subp. 2. Repairs.**
A. Owners and operators must maintain a UST system according to the manufacturer's instructions. If instructions are not available, owners and operators must maintain the functions of a UST system as intended by the manufacturer or according to industry standards. Repairs must ensure that releases due to structural failures, equipment failures, or corrosion do not occur while storing regulated substances in a UST system or while operating the UST system.
B. Within 30 days after completing a repair, owners and operators must ensure that:
C. Subitems (1) to (3) are codes of practice for repaired secondary-containment areas of tanks, piping, or containment sumps used for interstitial monitoring. The codes are incorporated by reference under part 7150.0500 and must be used to comply with this part:
D. Within six months after a cathodic-protection system is repaired, the cathodic-protection system must be tested according to part 7150.0215 to ensure that it is operating properly. Impressed-current systems must be repaired according to part 7150.0215, subpart 3, item D. Sacrificial-anode systems must be repaired according to part 7150.0215, subpart 2, item C.
E. Within 30 days of any repair to spill-prevention or overfill-prevention equipment, the repaired spill-prevention or overfill-prevention equipment must be tested or inspected to ensure it is operating properly according to part 7150.0216.
F. Within 30 days of any repair to components of a UST system that are used for leak detection, the repaired or replaced component must be tested or inspected to ensure it is operating properly according to part 7150.0216.
G. Owners and operators must ensure repairs to UST systems are properly conducted according to one of the codes of practice in this item developed by a nationally recognized association or independent testing laboratory and incorporated by reference under part 7150.0500, except that repairs to fiber-reinforced plastic tanks may be made by the manufacturer's authorized representative.
**Subp. 3. Replacement.**
A. Components of a UST system that do not meet the performance standards in part 7150.0100 must be repaired or replaced. Owners and operators must replace any component not functioning properly according to this chapter.
B. The entire piping run, not including a submersible pump or any dispenser, must be replaced with secondary-containment piping according to part 7150.0205, subpart 3, if:
C. Piping may be repaired and the entire piping run need not be replaced if:
**Subp. 4. Required permanent closure.**
Owners and operators must ensure that a tank system or pipe system is permanently closed according to part 7150.0410 and a site assessment is completed according to part 7150.0345, subpart 3, if:
A. a tank has shifted upward from its original burial position to the extent that the UST has caused a bulge in the concrete or cover material over the tank or components secured to the top of the UST are contacting access covers, unless repairs can be made to the UST system to prevent the tank from shifting and ensure that the UST system has not been, nor will be, damaged;
B. a UST that is not secondarily contained has released a regulated product to the environment, unless the UST can be retrofitted according to part 7150.0205, subpart 1; or
C. the inner or outer shell of a secondarily contained UST, including retrofit tanks, or pipe is not liquid tight, unless the tank or pipe can be repaired according to subpart 2.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 43 SR 1253*
##### **Minn. R. 7150.0300** Release Detection {#sec-7150.0300 omnilex-key=us-mn-regs-official--agency-167--7150.0300}
**Subpart 1. General.**
With the exception of emergency generator tanks that must comply with parts 7150.0300 to 7150.0340 by October 13, 2020, owners and operators of UST systems must provide a method, or combination of methods, of release detection for tanks, piping, dispensers, and submersible pumps that:
A. can detect a leak from any part of the tank and the connected underground piping, dispensers, and submersible pumps that routinely contains product;
B. is installed, calibrated, operated, and maintained according to the manufacturer's instructions, including routine maintenance and service checks for operability or running condition; and
C. meets the performance standards in part 7150.0330 or 7150.0340. The performance of release detection equipment, as certified by an independent testing laboratory or a nationally recognized association, must be documented with written specifications supplied by the equipment manufacturer or installer. Methods of release detection for tanks and piping must be capable of detecting the leak rate or quantity specified for that method in parts 7150.0330 and 7150.0340.
**Subp. 2.**
[Repealed, 43 SR 1253]
**Subp. 3.**
[Repealed, 32 SR 1751]
**Subp. 4.**
[Repealed, 32 SR 1751]
**Subp. 5. Tanks.**
Tanks must be monitored at least every 30 days for leaks using one of the following methods or combination of methods, except that hazardous substance tanks and tanks installed on or after December 22, 2007, must comply with item B:
A. automatic tank gauging according to part 7150.0330, subpart 5;
B. interstitial monitoring according to part 7150.0330, subpart 6;
C. statistical inventory reconciliation according to part 7150.0330, subpart 6a;
D. for tanks with capacities of 1,000 gallons or less, manual tank gauging according to part 7150.0330, subpart 3; or
E. another method of release detection according to part 7150.0330, subpart 7.
**Subp. 6. Piping.**
Piping that routinely contains regulated substances must be monitored for releases using one of the methods or combination of methods under items A to C:
A. This item applies to pressure piping. Underground piping that conveys regulated substances under pressure must use one of the methods under this item, except that piping installed on or after December 22, 2007, must comply with subitem (3). Piping that is positioned lower than the top of the tank must be equipped with an antisiphon device and use one of the methods under this item:
B. This item applies to suction piping.
C. Another method of release detection may be used according to part 7150.0340, subpart 5.
**Subp. 7.**
[Repealed, 43 SR 1253]
**History**
- *Statutory Authority: MS s 116.49*
- *History: 16 SR 59; 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0310** [Repealed, 32 SR 1751] {#sec-7150.0310 omnilex-key=us-mn-regs-official--agency-167--7150.0310}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0320** [Repealed, 32 SR 1751] {#sec-7150.0320 omnilex-key=us-mn-regs-official--agency-167--7150.0320}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0330** Methods of Release Detection for Tanks {#sec-7150.0330 omnilex-key=us-mn-regs-official--agency-167--7150.0330}
**Subpart 1. Applicability.**
Each method of release detection for tanks used to meet the requirements of part 7150.0300, subpart 5, must be conducted according to this part.
**Subp. 2.**
[Repealed, 43 SR 1253]
**Subp. 3. Manual tank gauging.**
A. Manual tank gauging must comply with this subpart:
B. A leak is suspected if the variation between beginning and ending measurements under item A exceeds the weekly or monthly standards in the following table:
**Subp. 4. Tank tightness testing.**
Tank tightness testing must be capable of detecting a 0.1 gallon per hour leak rate from any part of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.
**Subp. 5. Automatic tank gauging.**
Use of automatic tank gauging that tests for the loss of product must comply with this subpart:
A. the automatic product level monitor test must be able to detect a 0.2 gallon per hour leak rate from any part of the tank that routinely contains product; and
B. owners and operators must ensure testing is performed with the system operating in one of the following modes:
**Subp. 6. Interstitial monitoring.**
A. Interstitial monitoring of secondary-containment tanks must be conducted:
B. The interstitial space must be maintained free of water, debris, or anything that could interfere with leak detection capabilities.
C. Any automatic leak-sensing device must be annually tested for proper function.
**Subp. 6a. Statistical inventory reconciliation.**
A. A release-detection method based on applying statistical principles to inventory data must:
B. An inconclusive test result under item A, subitem (2), means the requirements of part 7150.0300, subpart 5, have not been met and the test results must be investigated according to part 7150.0345, subpart 1, item B.
**Subp. 7. Other methods.**
Any other type of release-detection method, or combination of methods, can be used if:
A. the method can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05; and
B. owners and operators can demonstrate to the commissioner that the method can detect a release as effectively as any of the methods allowed in this part and obtain the commissioner's prior written approval of the method. In comparing methods, the commissioner must consider the size of release that the method can detect and the frequency and reliability with which a release can be detected. If the method is approved by the commissioner, owners and operators must comply with any conditions imposed by the commissioner on the method's use to ensure the protection of human health and the environment.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 16 SR 59; 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0340** Methods of Release Detection for Piping {#sec-7150.0340 omnilex-key=us-mn-regs-official--agency-167--7150.0340}
**Subpart 1. Applicability.**
Each method of release detection for piping used to meet the requirements of part 7150.0300, subpart 6, must be conducted according to this part.
**Subp. 2. Automatic line-leak detectors.**
A. An automatic line-leak detector must be able to detect leaks of three gallons per hour at ten-pounds-per-square-inch line pressure within one hour.
B. At facilities where an operator is present during business hours, the leak-detection system must alert the operator of a leak by restricting or shutting off the flow of a regulated substance through piping or by triggering an audible or visual alarm.
C. At unattended card-lock facilities, the leak-detection system must alert the operator of a leak by shutting off the flow of a regulated substance.
D. The operation of any line-leak detector must be tested annually according to part 7150.0216. Testing must:
**Subp. 3. Line tightness testing.**
A periodic test of piping must be conducted:
A. annually by an agency-approved tester, if it can detect a 0.1 gallon per hour leak rate at one and one-half times the operating pressure; or
B. monthly, if it can detect a 0.2 gallon per hour leak rate at standard operating pressure.
**Subp. 4. Interstitial and sump monitoring.**
A. Interstitial monitoring of secondary-containment piping must be conducted:
B. The interstitial space or sump must be maintained free of water, debris, or anything that could interfere with leak detection capabilities.
C. Sumps and leak-sensing devices must be inspected and tested annually according to part 7150.0216, subpart 3.
**Subp. 5. Other methods.**
Any other type of release-detection method, or combination of methods, may be used if:
A. the method can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05; and
B. owners and operators can demonstrate to the commissioner that the method can detect a release as effectively as any of the methods allowed in subparts 2 to 4 and obtain the commissioner's prior written approval of the method. In comparing methods, the commissioner must consider the size of release that the method can detect and the frequency and reliability with which a release can be detected. If the method is approved by the commissioner, owners and operators must comply with any conditions imposed by the commissioner on the method's use to ensure the protection of human health and the environment.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 16 SR 59; 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0345** Reporting, Investigating, and Confirming Releases {#sec-7150.0345 omnilex-key=us-mn-regs-official--agency-167--7150.0345}
**Subpart 1. Investigating and confirming.**
A. Owners and operators must immediately investigate, confirm, and remedy all suspected releases.
B. Within 24 hours of discovering an unusual operating condition while conducting leak detection according to part 7150.0330 or 7150.0340, owners and operators must investigate the condition by:
C. Upon discovering an unusual operating condition or confirming an unusual operating condition according to item B, subitem (2), owners and operators must initiate within 24 hours and complete within seven days the following:
D. If the investigation under item B or the testing under item C indicates that the UST system is not leaking, owners and operators may resume leak testing the UST system according to part 7150.0300.
E. If testing confirms a leak, owners and operators must immediately remove the regulated substance from the leaking component to prevent further releases and must repair, replace, upgrade, or permanently close the UST system.
**Subp. 2. Reporting releases or suspected releases.**
A person who has knowledge of a release from a UST system under that person's control must immediately notify the Minnesota duty officer upon discovering the release by calling 1-800-422-0798 and must begin recovering the substance according to Minnesota Statutes, section 115.061. Notice under this subpart is also required if:
A. the owners and operators discover a release of a regulated substance at the underground tank site or in the surrounding area;
B. an unusual operating condition exists, unless:
C. monitoring results from a release-detection method or alarm indicates a release may have occurred, unless:
**Subp. 3. Assessing site; permanent closure or status change.**
A. Before completing a tank or piping system closure according to part 7150.0410 or changing the status of storing a nonregulated substance, owners and operators must measure, by laboratory analysis, for the presence of a release.
B. Sampling under item A must be according to the commissioner's requirements. The requirements must be based upon where contamination is most likely to be present, taking into consideration the method of closure, nature of the stored substance, type of backfill, depth to groundwater, and other factors relevant to identifying the presence of a release.
C. If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered by measurement under this subpart or by any other means, the Minnesota duty officer must be immediately notified by calling 1-800-422-0798 and corrective action must be started according to Minnesota Statutes, section 115.061.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 43 SR 1253*
##### **Minn. R. 7150.0350** [Repealed, 32 SR 1751] {#sec-7150.0350 omnilex-key=us-mn-regs-official--agency-167--7150.0350}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0400** Temporary Closure {#sec-7150.0400 omnilex-key=us-mn-regs-official--agency-167--7150.0400}
**Subpart 1. Requirements.**
In addition to the requirements of the most current Minnesota Fire Code, owners and operators must comply with the provisions in subparts 2 to 5 relating to temporary closure.
**Subp. 2. Tanks out of service less than 90 days.**
When a UST system is out of service for less than 90 days, owners and operators must continue operation and maintenance of corrosion protection according to part 7150.0215, and any release detection according to parts 7150.0300 to 7150.0340. Release detection is not required as long as the UST system is empty. The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters, or one inch, of residue remains in the system as measured through any part of the UST system.
**Subp. 3. Tanks out of service 90 days.**
When a UST system is out of service for 90 days or more, owners and operators must also comply with the following requirements:
A. leave vent lines open and functioning;
B. cap and secure all other lines, pumps, passageways, and appurtenances;
C. empty the tank;
D. continue operation and maintenance of cathodic protection according to part 7150.0215; and
E. notify the commissioner of the change of status to temporary closure according to part 7150.0090, subpart 2.
**Subp. 4. Tanks out of service one year.**
When a UST system is out of service for one year or more, owners and operators must permanently close the UST system according to part 7150.0410, unless the owner or operator requests an extension of the closure period by submitting an application for an extension on a form approved by the commissioner and the commissioner approves the extension in writing based on compliance with this part. Conditions of extension must include record-keeping requirements according to part 7150.0450 and the continued operation and maintenance of corrosion protection according to part 7150.0215. The UST system may not be returned to service without the written approval of the commissioner, based on compliance with the applicable requirements of this chapter.
**Subp. 5. Tanks out of service five years.**
All UST systems must be permanently closed if the UST system is out of service for five years or more.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 16 SR 59; 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0410** Permanent Closure and Change in Status to Storage of Nonregulated Substances {#sec-7150.0410 omnilex-key=us-mn-regs-official--agency-167--7150.0410}
**Subpart 1. Requirements.**
In addition to the requirements of the most current Minnesota Fire Code, owners and operators must comply with subparts 3 to 7 relating to permanent closure or change in status to storage of nonregulated substances.
**Subp. 2.**
[Repealed, 43 SR 1253]
**Subp. 3. Permanent closure.**
A. To permanently close a piping system, owners and operators must empty and clean the piping by removing all liquids. To permanently close a UST system, owners and operators must empty and clean the tank and piping by removing all liquids and accumulated sludges.
B. All tanks and piping permanently closed must be:
C. A site assessment must be conducted according to part 7150.0345, subpart 3, for all tanks and piping permanently closed.
D. When a tank is retrofitted according to part 7150.0205, subpart 1, the original tank upon which the retrofitted tank is secured is considered permanently closed and a site assessment must be conducted according to part 7150.0345, subpart 3.
**Subp. 4. Storing nonregulated substances.**
Continued use of a UST system to store a nonregulated substance is considered a change in status. Before a change in status to storage of a nonregulated substance, owners and operators must empty and clean the tank and piping by removing all liquid and accumulated sludge and conduct a site assessment according to part 7150.0345, subpart 3.
**Subp. 5. Certification of closure.**
Owners and operators must ensure that persons performing permanent closures under subpart 3 or changes in status under subpart 4:
A. are in compliance with certification requirements imposed by chapter 7105;
B. furnish copies of current certificates issued by the commissioner to the owner and operator before beginning a permanent closure or a change in status; and
C. certify on the notification form required under part 7150.0090, subpart 2, that the methods used to perform the permanent closure or change in status complied with this part.
**Subp. 6.**
[Repealed, 43 SR 1253]
**Subp. 7. Cleaning and closure procedures.**
The cleaning and closure procedures listed in one of the following documents must be used to comply with this part. The documents are incorporated by reference under part 7150.0500:
A. American Petroleum Institute, Closure of Underground Petroleum Storage Tanks, API RP 1604;
B. American Petroleum Institute, Interior Lining and Periodic Inspection of Underground Storage Tanks, API STD 1631;
C. American Petroleum Institute, Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks, API STD 2015;
D. American Petroleum Institute, Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks, API RP 2016;
E. National Fire Protection Association, Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair, NFPA 326; and
F. National Institute for Occupational Safety and Health, Criteria for a Recommended Standard: Working in Confined Spaces, DHEW (NIOSH) Publication No. 80-106.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 16 SR 59; 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0420** [Repealed, 43 SR 1253] {#sec-7150.0420 omnilex-key=us-mn-regs-official--agency-167--7150.0420}
[Repealed, 43 SR 1253]
##### **Minn. R. 7150.0430** Previously Closed Ust Systems {#sec-7150.0430 omnilex-key=us-mn-regs-official--agency-167--7150.0430}
When directed by the commissioner, owners and operators of a UST system permanently closed before December 22, 1988, must assess the excavation zone according to part 7150.0345, subpart 3, and close the UST system according to part 7150.0410 if releases from the underground storage tank may, in the judgment of the commissioner, pose a current or potential threat to human health and the environment.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 16 SR 59; 32 SR 1751; 43 SR 1253*
##### **Minn. R. 7150.0440** [Repealed, 32 SR 1751] {#sec-7150.0440 omnilex-key=us-mn-regs-official--agency-167--7150.0440}
[Repealed, 32 SR 1751]
##### **Minn. R. 7150.0445** Class A, B, and C Operator Requirements {#sec-7150.0445 omnilex-key=us-mn-regs-official--agency-167--7150.0445}
**Subpart 1. General.**
A. Owners and operators of a UST system are responsible for ensuring that class A, B, and C operators fulfill their responsibilities under this chapter.
B. Class A, B, and C operators must be the owner or operator of the UST system or a designated employee of the owner or operator.
C. Owners or operators of a UST system must designate a class A, B, and C operator for the UST system, except that owners or operators are not required to designate a class C operator for unattended card-lock facilities.
D. During business hours, a class A, B, or C operator must be on site during operation of the UST system except at unattended card-lock facilities. Unattended card-lock facilities must post a legible sign in a conspicuous location with the facility name, facility address, telephone numbers for the facility owner and operator, and telephone number for local emergency response.
E. Each individual that meets the definition of a class C operator must be designated as a class C operator.
**Subp. 2. Class A operator responsibilities.**
The class A operator is responsible for managing resources and personnel to achieve and maintain compliance with this chapter. At a minimum, a class A operator must be knowledgeable about the purpose, methods, and function of:
A. spill and overfill prevention;
B. release detection;
C. corrosion protection;
D. emergency response;
E. product and equipment compatibility;
F. notification under part 7150.0090, subpart 2;
G. temporary and permanent closure;
H. testing, reporting, and record keeping for UST systems;
I. environmental and regulatory consequences of releases;
J. financial responsibility; and
K. training.
**Subp. 3. Class B operator responsibilities.**
A. The class B operator is responsible for daily operation and maintenance of the UST system. The class B operator must be on site at least once each month to ensure proper operation and maintenance of the UST systems, except that the class B operator of an unattended card-lock facility must be on site at least once each week.
B. Each month, the class B operator must validate that:
C. At a minimum, a class B operator must be knowledgeable about the purpose, methods, and function of:
**Subp. 4. Class C operator responsibilities.**
The class C operator must be:
A. on site daily and responsible for handling emergencies and alarms pertaining to a spill or release from a UST system, including reporting spills and releases;
B. trained by a class A or B operator before assuming responsibility for the tank system; and
C. trained to take action according to this chapter in response to emergencies or alarms caused by spills or releases resulting from operating the UST system or from dispensing activities.
**Subp. 5. Class A and B operator examinations.**
A. Class A and B operators must pass an agency-administered examination with a score of 75 percent or higher to verify knowledge of the UST system. Class A and B operators must pass the agency-administered examination within 30 days after being designated by the owner or operator of the UST system.
B. A class B operator must retake the examination under item A within 30 days after a change in any of the following components of a UST system, unless the class B operator has been previously certified in the newly installed system component:
C. Notwithstanding item A, if a designated class A or B operator is certified in another state as a class A or B operator for underground storage tanks, the owner or operator may apply to the commissioner for a waiver of the examination requirement in item A. To get approval of a waiver application, the owner or operator must submit to the commissioner a copy of the designated class A or B operator's current certification issued by another state and information to demonstrate that the other state's operator certification examination is equivalent in content to the agency-administered examination under item A. The commissioner must approve in writing a waiver application that complies with this item and demonstrates the required equivalency. Owners and operators are subject to the commissioner's conditions of approval and to the other requirements in this part, including the reexamination requirements in item B and the training and reexamination requirements in subpart 6, item B.
**Subp. 6. Class A and B operator training requirements.**
A. If the class A or B operator does not receive a passing score of 75 percent or higher on the examination under subpart 5, the class A or B operator must attend an agency-approved training course and retake and pass an agency-administered examination with a score of 75 percent or higher. The class A or B operator must pass the examination within 60 days after the commissioner notifies the class A or B operator of a failing score on the original examination.
B. If the commissioner determines that the owner or operator of a UST system has violated part 7150.0205, subpart 5; 7150.0215; 7150.0216; 7150.0300; 7150.0330; 7150.0340; or 7150.0400, the class B operator of the UST system must attend an agency-approved training course and retake and pass an agency-administered examination with a score of 75 percent or higher. The class B operator must pass the examination within 30 days after the commissioner notifies the class B operator of the requirement.
**Subp. 7. Training course approval.**
A. A person seeking to train class A or B operators must apply for agency approval of the training course according to this subpart.
B. A training provider must submit to the commissioner an application on a form provided by the commissioner. The application must contain:
C. Training must provide the knowledge necessary for class A or B operators to monitor and maintain UST systems in a manner that complies with this chapter, prevents releases to the environment, minimizes the size of accidental releases through early detection, and mitigates damage from releases with proper emergency response.
D. The commissioner must suspend or revoke approval of a training course if the commissioner finds that the course no longer provides training that meets the requirements of this chapter.
E. Except as provided in item D, approval of a training course is effective until the commissioner determines that the training course does not meet the requirements of this chapter. Upon making the determination, the commissioner must notify the approved training provider that changes in the course are required to maintain commissioner approval. The training provider must then submit a revised training course to the commissioner for approval.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 43 SR 1253*
##### **Minn. R. 7150.0450** Reporting and Record Keeping {#sec-7150.0450 omnilex-key=us-mn-regs-official--agency-167--7150.0450}
**Subpart 1. General.**
Owners and operators of underground storage-tank systems must cooperate fully with inspections, monitoring, and testing conducted by the agency, as well as requests for document submission, testing, and monitoring by the owner or operator.
**Subp. 2. Reporting.**
Owners and operators must submit the following information to the commissioner within the applicable time frames:
A. notification and certification for all underground storage-tank systems under part 7150.0090, including cathodic protection test reports;
B. notification of the discovery of an abandoned tank under Minnesota Statutes, section 116.48, subdivision 2;
C. reports of all releases under part 7150.0345 and Minnesota Statutes, section 115.061, including suspected releases, spills and overfills, and confirmed releases;
D. information generated in the course of taking corrective action as defined in Minnesota Statutes, section 115C.02, subdivision 4;
E. notification before permanent closure or change in status to a nonregulated substance under part 7150.0410; and
F. inspection reports for internally lined tanks under part 7150.0215, subpart 4, items A and B.
**Subp. 3. Record retention.**
Owners and operators must maintain the following information in a legible manner for the specified time frame:
A. the commissioner's determination under part 7150.0205, subpart 1, item B, subitem (5); subpart 3, item A, subitem (3); or subpart 5, item B, subitem (1), that alternative equipment for corrosion protection or spill and overfill prevention may be used must be maintained for the life of the UST system;
B. for underground storage-tank systems using cathodic protection, the following records of the operation of the cathodic protection must be maintained:
C. documentation of repairs for UST systems, including the nature of each repair and results of required integrity testing under part 7150.0250, subpart 2, must be maintained for the life of the UST system;
D. documentation of compliance with release detection requirements under parts 7150.0300 to 7150.0340, as follows:
E. documentation that shows that testing wastes generated during sump and spill-bucket testing have been disposed of properly in accordance with state and local regulations must be maintained for at least five years after the testing;
F. results of the site assessment conducted at permanent closure or change in status to a nonregulated substance under part 7150.0345 and any other records that are capable of demonstrating compliance with closure requirements under parts 7150.0400 and 7150.0410 must be maintained for at least three years after completion of permanent closure or change in status in one of the following ways:
G. certification that the facility's class A operator and class B operator have passed the operator examination requirements or documentation of current certification in another state if the commissioner has approved a waiver of the agency-administered examination must be kept until closure of the facility or until the class A or B operator is no longer employed at the facility, whichever occurs first;
H. records of monthly or weekly on-site presence of the class B operator according to part 7150.0445, subpart 3, must be kept for at least five years;
I. records that document that the class C operator has received the training required in part 7150.0445, subpart 4, including the date of training, who performed the training, and the contents of the training must be kept until closure of the facility or until the class C operator is no longer employed at the facility, whichever occurs first;
J. results of the following testing, inspections, and monitoring must be maintained for at least five years:
K. documentation that the components of the UST system are compatible with the substance stored according to part 7150.0100, subpart 9, must be maintained for the life of the UST system.
**Subp. 4. Record location.**
Owners and operators must maintain the records required:
A. at the underground storage tank site where the records are immediately available for inspection by the commissioner; or
B. at a readily available alternative site, in which case the records must be immediately submitted to the commissioner upon request.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 32 SR 1751; 34 SR 1610; 43 SR 1253*
##### **Minn. R. 7150.0451** Ust Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems {#sec-7150.0451 omnilex-key=us-mn-regs-official--agency-167--7150.0451}
Code of Federal Regulations, title 40, part 280, subpart K, as amended, entitled "UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems," is incorporated by reference.
**History**
- *Statutory Authority: MS s 116.49*
- *History: 43 SR 1253*
##### **Minn. R. 7150.0500** Incorporation by Reference {#sec-7150.0500 omnilex-key=us-mn-regs-official--agency-167--7150.0500}
**Subpart 1. Scope.**
For purposes of this chapter, the documents in subpart 2 are incorporated by reference. These documents are not subject to frequent change. They can be found at the Minnesota Pollution Control Agency Library, 520 Lafayette Road, Saint Paul, Minnesota 55155, or through the Minitex interlibrary loan system. If any of the documents are amended, then the amendments to documents are also incorporated by reference in this chapter.
**Subp. 2. Referenced standards.**
The documents referenced throughout this chapter are listed in items A to J:
A. American Petroleum Institute:
B. Fiberglass Tank and Pipe Institute:
C. NACE International:
D. National Fire Protection Association:
E. National Leak Prevention Association, NLPA 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks (1991).
F. National Institute for Occupational Safety and Health, DHEW (NIOSH) Publication No. 80-106, Criteria for a Recommended Standard: Working in Confined Spaces (1979).
G. Petroleum Equipment Institute:
H. Steel Tank Institute:
I. Underwriters Laboratories Inc.:
J. Underwriters' Laboratories of Canada:
**History**
- *Statutory Authority: MS s 116.49*
- *History: 16 SR 59; 32 SR 1751; 43 SR 1253*
## **Chapter 7151** ABOVEGROUND STORAGE OF LIQUID SUBSTANCES
##### **Minn. R. 7151.1100** Purpose {#sec-7151.1100 omnilex-key=us-mn-regs-official--agency-167--7151.1100}
The purpose of this chapter is to provide for the protection of the public health and the environment by establishing uniform performance standards and technical requirements for aboveground storage of liquid substances which may cause pollution of waters of the state.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.1200** Definitions {#sec-7151.1200 omnilex-key=us-mn-regs-official--agency-167--7151.1200}
**Subpart 1. Scope.**
For the purposes of this chapter, the following terms have the meanings given them. Terms that are not specifically defined have the meanings given them in Minnesota Statutes, section 115.01, 115C.02, or 116.46.
**Subp. 2. Aboveground storage tank system or tank system.**
"Aboveground storage tank system" or "tank system" means any one or a combination of containers, vessels, and enclosures, including structures and appurtenances connected to them, that is used to contain or dispense substances, and that is not an underground storage tank under Minnesota Statutes, section 116.46, subdivision 8.
**Subp. 3. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 4. Appurtenances.**
"Appurtenances" means any aboveground or underground lines connected to an aboveground storage tank that are two inches or greater inside diameter, together with any associated valves and manifolds, to the point where the piping is located indoors.
**Subp. 4a. Asphalt cement.**
"Asphalt cement" means a mixture of bituminous obtained from native deposits or as a petroleum by-product used for roofing or paving that is in a solid state at 100 degrees Fahrenheit or less.
**Subp. 5. Capacity.**
"Capacity" means the maximum volume of a substance in gallons that may be contained by an aboveground storage tank pursuant to the tank's design.
**Subp. 6. Cathodic protection.**
"Cathodic protection" means the technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell through the application of either galvanic anodes or impressed current.
**Subp. 7. Cathodic protection tester.**
"Cathodic protection tester" means a person who demonstrates an understanding of the principles and measurements of cathodic protection systems as applied to metal piping and tanks. At a minimum, such persons shall have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of metal piping and tanks.
**Subp. 8. Class 2 surface water.**
"Class 2 surface water," as defined in part 7050.0200, means all waters of the state that are or may be used for fishing, fish culture, bathing, or any other recreational purpose, and for which quality control is or may be necessary to protect aquatic or terrestrial life, or the public health, safety, or welfare.
**Subp. 9. Compatible.**
"Compatible" means the ability of two or more substances or materials in a tank system to maintain their respective physical and chemical properties upon contact with one another.
**Subp. 10. Corrosion expert.**
"Corrosion expert" means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the application of corrosion control on metal piping systems and metal tanks. The person shall be accredited, certified by the National Association of Corrosion Engineers, or a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of metal piping systems and metal tanks.
**Subp. 11. Dike.**
"Dike" means an embankment, ridge, or wall which is impermeable to stored substances and which forms the perimeter of the secondary containment area.
**Subp. 12. Discharge into a secondary containment area.**
"Discharge into a secondary containment area" means a spill, leak, or discharge of a substance from a tank or its appurtenances into a structure specifically designed and constructed to prevent a spill, leak, or discharge from spreading vertically or horizontally and contaminating the land or water outside the containment area.
**Subp. 12a. Double-bottomed tank.**
"Double-bottomed tank" means a field-erected aboveground storage tank that has been designed or modified to include a second tank bottom and where (A) the bottoms are compatible with and impermeable to the substance being stored, (B) the interstitial space between the bottoms is filled with a minimum of three inches of a neutral sand or other noncorrosive material cushion, and (C) there is a method in place for monitoring the interstitial space for leaks.
**Subp. 13. Double-walled tank.**
"Double-walled tank" means an aboveground storage tank with an inner, primary shell and an outer, secondary shell that extends around the entire inner shell, and a method in place for monitoring the interstitial space between the shells for leaks.
**Subp. 14. Electrical equipment.**
"Electrical equipment" means equipment such as transformers which contain dielectric fluid necessary for operation.
**Subp. 14a. Facility.**
"Facility" means an assemblage of one or more aboveground storage tanks, including any indoor tanks, together with any associated secondary containment areas, appurtenances, and substance transfer areas, that are located at a single property or multiple contiguous properties.
**Subp. 15. Farm.**
"Farm" means a tract of land devoted to the production of crops or raising of animals.
**Subp. 16. Field-erected tank.**
"Field-erected tank" means an aboveground storage tank that is constructed by final assembly on site at a facility.
**Subp. 17. Hazardous material.**
"Hazardous material" means any substance listed as a hazardous material or hazardous substance in Code of Federal Regulations, title 49, section 172.101.
**Subp. 18. Heating and cooling equipment.**
"Heating and cooling equipment" means equipment intended or installed for the purpose of heating, cooling, and/or conditioning air, water, and/or fluid by mechanical means for environmental, process, or other purposes.
**Subp. 19. Hydraulic lift tank.**
"Hydraulic lift tank" means an aboveground storage tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
**Subp. 20. Impermeable.**
"Impermeable" means the ability to prevent a substance or combination of compatible substances from penetrating through a secondary containment area for a minimum of 72 hours.
**Subp. 21. Indoor tank.**
"Indoor tank" means an aboveground storage tank located inside a building or other type of enclosed structure, resting on or elevated above an impermeable floor surface, from which a release would:
A. be entirely contained within a secondary containment structure;
B. not escape from the building through any doorways, floor drains, or other means; or
C. be directed by any drainage system of the building either to a permitted on-site wastewater treatment facility or to a permitted municipal wastewater treatment facility.
**Subp. 22. Major facility.**
"Major facility" means an assemblage of one or more aboveground storage tanks, including any indoor tanks, together with any associated secondary containment areas, appurtenances, and substance transfer areas, that are located at a single property or multiple contiguous properties and where the total substance design storage capacity of all such tanks at the site is 1,000,000 gallons or greater.
**Subp. 23. Major facility permit.**
"Major facility permit" means a permit issued by the agency to a major facility under part 7001.4200. Any tank meeting the definition of indoor tank is excluded from regulation under the terms and conditions of a major facility permit.
**Subp. 24. Operator.**
"Operator" means a person in control of or having responsibility for the daily operation of an aboveground storage tank or tank system, or a person who was in control of or had responsibility for the daily operation of a tank or tank system immediately before discontinuation of its use.
Operator also means a person who is responsible under Minnesota Statutes, section 115C.021, for a release from an aboveground storage tank containing petroleum or a person who is responsible under Minnesota Statutes, section 115B.03, for a release from an aboveground storage tank containing a hazardous material.
**Subp. 25. Other regulated substances.**
"Other regulated substances" means any substance, including a food-based product intended for human or animal consumption, which may cause pollution of waters of the state and is not:
A. a petroleum substance under standard temperature and pressure; or
B. a hazardous material.
**Subp. 26. Owner.**
"Owner" means a person who holds title to, controls, or owns an interest in an aboveground storage tank or tank system, or a person who held title to, controlled, or possessed an interest in the tank or tank system immediately before discontinuation of its use.
Owner also means a person who is responsible under Minnesota Statutes, section 115C.021, for a release from an aboveground storage tank containing petroleum or a person who is responsible under Minnesota Statutes, section 115B.03, for a release from an aboveground storage tank containing a hazardous material.
Owner does not include a person who holds an interest in a tank solely for financial security, unless through foreclosure or other related actions the holder of a security interest has taken possession of and operated the tank.
**Subp. 27. Person.**
"Person" means an individual, partnership, association, corporation, or other legal entity, including the United States government, an interstate commission or other body, the state, or any agency, board, bureau, office, department, or political subdivision of the state, but does not include the Minnesota Pollution Control Agency.
**Subp. 28. Piping or lines.**
"Piping" or "lines" means a hollow cylinder or tubular conduit that is constructed for conveying a substance from one point to another within an aboveground storage tank system.
**Subp. 29. Release.**
"Release" means a spill, leak, or discharge of a substance from a tank or its appurtenances to the environment, including a spill, leak, or discharge into the ground underneath a tank or into a substance transfer area. For purposes of this chapter, release does not include intentional venting or fugitive air emissions from a tank allowed under agency rules.
**Subp. 30. Safeguard.**
"Safeguard" means a device, system, or combination of devices or systems designed to detect or prevent the escape or movement of a substance from the place of storage under such conditions that might cause pollution of the waters of the state.
**Subp. 31. Secondary containment.**
"Secondary containment" means a safeguard specifically designed to be impermeable to stored substances and which will contain a release from an aboveground storage tank or tank system and prevent the release from spreading vertically or horizontally and contaminating the land or water outside the containment area.
**Subp. 32. Shop-fabricated tank.**
"Shop-fabricated tank" means an aboveground storage tank that is constructed at a tank manufacturer's plant and transported to a facility for installation.
**Subp. 33. Substance.**
"Substance" means any material which is liquid at ambient pressures and temperatures which may cause pollution of waters of the state.
**Subp. 34. Substance transfer area.**
"Substance transfer area" means the area where a truck or rail car makes its connection to or from an aboveground storage tank system for the purpose of unloading or receiving a substance.
**Subp. 35. Tank or aboveground storage tank.**
"Tank" or "aboveground storage tank" means a container, vessel, or enclosure designed to contain substances and is constructed of materials such as concrete, steel, plastic, or fiberglass reinforced plastic, provides structural support, and is located aboveground. A tank includes bladders, rail cars, and trucks.
**Subp. 36. Tote tank.**
"Tote tank" means an aboveground storage tank that:
A. is not filled or refilled at the site of substance use;
B. is 1,100 gallons or less in capacity; and
C. is located at the site of use for less than 180 days.
**Subp. 37. Type A substances.**
"Type A substances" means gasoline, aviation gas, naphtha, denatured ethanol, and hazardous materials, or mixtures or blends containing such substances.
**Subp. 38. Type B substances.**
"Type B substances" means crude oil, diesel, kerosene, jet fuel, fuel oil numbers 1 to 4, waste oils, or mixtures or blends of such substances with Type C substances.
**Subp. 39. Type C substances.**
"Type C substances" means asphalt cement, roofing flux, fuel oil numbers 5 and 6, and other regulated substances.
**Subp. 40. Underground storage tank.**
"Underground storage tank" means any one or combination of containers including tanks, vessels, enclosures, or structures and appurtenances connected to them that is used to contain or dispense regulated substances pursuant to chapter 7150, and the volume of which, including the volume of piping connected to them, is ten percent or more beneath the surface of the ground.
**Subp. 41. Underground piping or underground lines.**
"Underground piping" or "underground lines" means a hollow cylinder or tubular conduit, that is two inches or greater inside diameter, that is constructed for conveying a substance from one point to another within an aboveground storage tank system. The volume of piping must be ten percent or more beneath the surface of the ground.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.1300** Applicability {#sec-7151.1300 omnilex-key=us-mn-regs-official--agency-167--7151.1300}
**Subpart 1. Scope.**
This chapter applies to owners or operators of aboveground storage tank systems except for:
A. major facilities required to obtain a permit under chapter 7001; and
B. aboveground storage tank systems exempt under subpart 2.
**Subp. 2. Exclusions.**
The following aboveground storage tank systems are excluded from the requirements of this chapter:
A. wastewater treatment equipment including a wastewater clarifier, wastewater treatment basin, and tanks which are regulated under the national pollutant discharge elimination system, the sewage disposal system, or other pretreatment permits;
B. equipment or machinery containing substances for operational purposes such as integral hydraulic lift tanks, lubricating oil reservoirs for pumps and motors, electrical equipment, and heating and cooling equipment;
C. an indoor tank;
D. a tote tank;
E. an aboveground storage tank containing hazardous wastes which are subject to a treatment or storage permit issued pursuant to chapter 7001;
F. an aboveground storage tank containing agricultural chemicals regulated under Minnesota Statutes, chapter 18B, 18C, or 18D;
G. a vehicle, such as a tank truck or railroad tank car, designed and used to transport substances from one location to another unless:
H. a surface impoundment, pit, pond, or lagoon;
I. an aboveground storage tank constructed of stainless steel containing other regulated substances;
J. an aboveground storage tank containing drinking water, filtered surface water, demineralized water, noncontact cooling water, or water stored for fire or emergency purposes and other waters which meet the standards defined in chapter 7050 or 7052;
K. an aboveground storage tank, located on a farm, in which the contents of the tank are used by the tank owner or operator for farming purposes, and the contents are not being commercially distributed;
L. an aboveground storage tank located on residential property of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
M. an aboveground storage tank of 1,100 gallons or less capacity used for storing heating oil for consumption on the premises where stored;
N. any aboveground storage tank of 1,100 gallons or less capacity, not otherwise exempt under items A to M, unless that tank is greater than 500 gallons capacity and is located within 500 feet of a Class 2 surface water;
O. stormwater collection systems;
P. septic tanks; and
Q. an aboveground storage tank that is located at a site for a period of 30 days or less.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.2100** Incorporations by Reference {#sec-7151.2100 omnilex-key=us-mn-regs-official--agency-167--7151.2100}
**Subpart 1. Scope.**
For purposes of this chapter, the documents in subpart 2 are incorporated by reference. The documents are not subject to frequent change. They are available at:
A. the addresses shown in subpart 2; and
B. the agency library through the Minitex interlibrary loan system.
**Subp. 2. Referenced standards.**
The documents incorporated by reference in this chapter are listed in this subpart.
A. American Petroleum Institute (API), 1220 L Street Northwest, Washington, DC 20005:
B. American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19429-2959:
C. Code of Federal Regulations, Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954: title 49, part 172.101, Transportation (1997).
D. National Association of Corrosion Engineers (NACE), Publication Department, P.O. Box 218340, Houston, Texas 77218:
E. National Leak Prevention Association (NLPA), 7685 Fields Ertel Road, Cincinnati, OH 45241: 631, Spill Prevention, Minimum 10-year Life Extension of Existing Steel Underground Storage Tanks by Lining Without the Addition of Cathodic Protection, Second Edition and Appendices (1991).
F. Steel Tank Institute, 570 Oakwood Road, Lake Zurich, IL 60047:
G. Underwriters Laboratory, Inc. (UL), 333 Pfingsten Road, Northbrook, Illinois 60062:
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.3100** Tank Service Providers {#sec-7151.3100 omnilex-key=us-mn-regs-official--agency-167--7151.3100}
Owners and operators shall ensure that tank service providers utilize methods in accordance with guidance specified in applicable industry standards. After the effective date of aboveground storage tank contractor rules adopted pursuant to Minnesota Statutes, section 116.491, owners and operators shall ensure that tank service providers are certified.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.4100** Temporary Storage {#sec-7151.4100 omnilex-key=us-mn-regs-official--agency-167--7151.4100}
**Subpart 1. Scope.**
This part applies to storage of a substance in an aboveground storage tank that is located at a site for a period of more than 30 days but less than one year. Temporary storage tanks regulated under this part are exempt from all other requirements except as provided in subparts 2, 3, and 4.
**Subp. 2. Labeling.**
The exterior of a temporary storage tank shall be clearly labeled with the words "Temporary Storage" and the date storage began at the site.
**Subp. 3. Sign.**
Tank owners and operators shall provide for a sign at the site of temporary storage tanks pursuant to part 7151.5300, subpart 3.
**Subp. 4. Containment.**
Parts 7151.6400 and 7151.7300 apply to the construction and maintenance of secondary containment areas.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.5100** Requirement {#sec-7151.5100 omnilex-key=us-mn-regs-official--agency-167--7151.5100}
**Subpart 1. Application and definition.**
Except as otherwise provided in subparts 2 and 3, parts 7151.5100 to 7151.5700 apply to the design and installation of all aboveground storage tanks or tank systems installed on or after November 2, 1998.
**Subp. 2. Small tanks near surface water.**
Owners and operators of new tanks 1,100 gallons or less but greater than 500 gallons, located within 500 feet of a Class 2 surface water, need not comply with parts 7151.5500, 7151.5600, and 7151.5700.
**Subp. 3. Tanks storing other regulated substances.**
Owners and operators of new tanks storing other regulated substances need not comply with parts 7151.5400, subpart 4; 7151.5500; 7151.5600; and 7151.5700.
**Subp. 4. Tanks storing asphalt cement.**
Owners and operators of new tanks storing asphalt cement need not comply with parts 7151.5200, subpart 3, item A, subitem (2); 7151.5400, subpart 4; 7151.5500; 7151.5600; and 7151.5700.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.5200** Tank and Piping Standards {#sec-7151.5200 omnilex-key=us-mn-regs-official--agency-167--7151.5200}
**Subpart 1. Tank and piping design standards.**
New tanks and the related appurtenances must be designed and constructed in accordance with the applicable standards under part 7151.2100, subpart 2.
**Subp. 2. Underground storage tanks.**
Tanks designed and constructed for service as underground storage tanks must not be used for aboveground storage.
**Subp. 3. Used aboveground storage tanks.**
A. Except as provided in item C, an aboveground storage tank that has been removed from a facility must not be reinstalled at a second facility for the purpose of substance storage unless:
B. Except as provided in item C, a tank that has been lifted or moved within a facility must not be reinstalled for the purpose of substance storage unless:
C. The following are exempt from the requirements of this subpart:
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.5300** Labeling {#sec-7151.5300 omnilex-key=us-mn-regs-official--agency-167--7151.5300}
**Subpart 1. Tanks.**
Tanks must be clearly labeled indicating the substance stored and the tank's capacity. If there is more than one tank at a site, each tank must be labeled with a unique tank number.
**Subp. 2. Lines.**
Lines used for loading and unloading a substance from a tank must be labeled so that the person controlling the substance transfer can readily identify which line is connected to which tank.
**Subp. 3. Sign.**
A tank facility that does not have a person on site 24 hours a day must have a sign with the name, address, and telephone number of the facility owner, operator, or local emergency response. The sign must be posted in a conspicuous place and legible from outside any secondary containment area.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.5400** Secondary Containment {#sec-7151.5400 omnilex-key=us-mn-regs-official--agency-167--7151.5400}
**Subpart 1. Requirement.**
All tanks regulated by this chapter must have secondary containment. If tanks containing more than one type of substance are stored within one secondary containment area, the substances must be compatible with each other.
**Subp. 2. Volume.**
A secondary containment area must be able to contain at least 100 percent of the design capacity of the largest tank in the secondary containment area plus displacement from additional tanks within the containment area, with an additional ten percent capacity where secondary containment areas are exposed to precipitation.
**Subp. 3. Materials.**
A secondary containment area must be constructed with materials that are impermeable to and compatible with the substance being stored and that will prevent a release to the environment. Materials for secondary containment include:
A. compacted clay as defined in subpart 5;
B. geosynthetic clay liner;
C. concrete for Type B and Type C substances. Concrete for Type A substances must be treated with a material that is impermeable to the substance being stored;
D. synthetic membrane;
E. the outer shell of a double-walled tank;
F. the lower bottom of a double-bottomed tank;
G. fabricated steel;
H. fiberglass; or
I. any other approved material having an impermeability equivalent to the stored substance's primary container, pursuant to the alternative design or operating practice procedure of part 7151.9400. Owners and operators shall install and maintain secondary containment areas constructed of synthetic or manufactured materials according to the manufacturer's recommendations.
**Subp. 4. Design.**
The area of secondary containment which is directly under a tank must be designed and constructed to provide for the detection of a release of a substance. Methods of leak detection are as follows:
A. visual monitoring of:
B. interstitial monitoring between the tank's inner and outer shell or the tank's shell and the containment area; or
C. vapor monitoring in the soil directly under the tank bottom or perimeter and above the water table.
**Subp. 5. Clay.**
A secondary containment area constructed of clay must:
A. be used as an integral part of a geosynthetic clay liner; or
B. meet the following standards:
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.5500** Substance Transfer Areas {#sec-7151.5500 omnilex-key=us-mn-regs-official--agency-167--7151.5500}
**Subpart 1. General.**
Except as otherwise provided in subpart 2, owners or operators shall provide substance transfer safeguards. The safeguards, such as spill boxes, remote fill boxes, or containment areas must effectively contain a release at the connection point, as well as at the vehicle, during transfer of the substance to and from the tank.
**Subp. 2. Exclusions.**
A substance transfer area safeguard is not required for:
A. a tank that is filled with a hand-held nozzle;
B. a transfer of the substance through a continuous pipeline between tanks at one site; or
C. a barge transfer facility regulated under United States Coast Guard regulations, Code of Federal Regulations, title 33, parts 126, 154, and 156.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.5600** Corrosion Protection {#sec-7151.5600 omnilex-key=us-mn-regs-official--agency-167--7151.5600}
**Subpart 1. Tanks.**
The floor of a steel aboveground storage tank must be protected from corrosion using one of the following methods:
A. the tank is elevated so that the underside of the tank floor is not in contact with any surface other than the tank supports;
B. the tank rests on a continuous concrete slab that is designed to prevent water from accumulating under the tank floor;
C. the tank is double walled;
D. the tank is double-bottomed with:
E. the tank floor is:
F. the tank floor is:
G. the tank floor is:
**Subp. 2. Lines.**
A steel line must be protected from external corrosion using one of the following methods:
A. the line is not in contact with soil;
B. the line is cathodically protected; or
C. the line is double walled.
**Subp. 3. Design criteria.**
Cathodic protection of new steel tanks and lines must meet the following design criteria:
A. the cathodic protection system must be designed by a corrosion expert in accordance with American Petroleum Institute Standards 651 and 1632, as applicable; and
B. underground lines and the underside of the floor of a shop-fabricated steel tank must be coated with dielectric material in accordance with Steel Tank Institute Recommended Practice R893-89.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.5700** Overfill Protection {#sec-7151.5700 omnilex-key=us-mn-regs-official--agency-167--7151.5700}
**Subpart 1. Requirement.**
A tank which is filled by transfers of more than 55 gallons at one time must have one of the following systems for overfill protection:
A. a high-level alarm, set at no greater than 95 percent of the tank's capacity, that is visible or audible to the person controlling the substance transfer;
B. a system that automatically shuts off the flow of substance into the tank, set at no greater than 95 percent of the tank's capacity;
C. a permanently mounted sight glass or gauge, visible to the person controlling the substance transfer, that accurately shows the level of substance in the tank; or
D. a person who manually gauges substance level with a level stick during substance transfer and controls the substance transfer or is in contact with a person who controls the substance transfer.
**Subp. 2. Double-walled tanks.**
Double-walled tanks which are not otherwise located within a secondary containment area meeting the requirements of part 7151.5400 must have one of the following systems for overfill prevention:
A. a high-level alarm, set at no greater than 95 percent of the tank's capacity, that is visible or audible to the person controlling the substance transfer; or
B. a system that automatically shuts off the flow of substance into the tank, set at no greater than 95 percent of the tank's capacity.
**Subp. 3. Volumetric conversion.**
If any level stick, sight glass, or gauge does not read in volumetric measurements and requires conversion, a clearly labeled conversion chart indicating maximum working capacity of the tank must be mounted on the tank or the tank's delivery manifold and visible to the person controlling the substance transfer.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.6100** Requirement {#sec-7151.6100 omnilex-key=us-mn-regs-official--agency-167--7151.6100}
**Subpart 1. Application.**
Parts 7151.6100 to 7151.6700 apply to all aboveground storage tanks or tank systems installed prior to November 2, 1998, except as otherwise provided in subparts 2 and 3. For the purpose of parts 7151.6100 to 7151.6700, an existing tank or tank system is one installed prior to November 2, 1998.
**Subp. 2. Small tanks near surface water.**
Owners and operators of tanks 1,100 gallons or less, but greater than 500 gallons and located within 500 feet of a Class 2 surface water, need not comply with parts 7151.6500, 7151.6600, and 7151.6700.
**Subp. 3. Tanks storing other regulated substances.**
Owners and operators of tanks storing other regulated substances need not comply with parts 7151.6400, subpart 4, item A; 7151.6500; 7151.6600; and 7151.6700.
**Subp. 4. Tanks storing asphalt cement.**
Owners and operators of tanks storing asphalt cement need not comply with parts 7151.6400, subpart 4, item A; 7151.6500; 7151.6600; and 7151.6700.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.6200** Tank and Piping Standards {#sec-7151.6200 omnilex-key=us-mn-regs-official--agency-167--7151.6200}
**Subpart 1. Tank and piping standards.**
Owners and operators of aboveground storage tank systems shall ensure that existing systems used to store regulated substances will not structurally fail or corrode.
**Subp. 2. Underground storage tanks.**
Tanks designed and constructed for service as underground storage tanks must not be used for aboveground storage.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.6300** Labeling {#sec-7151.6300 omnilex-key=us-mn-regs-official--agency-167--7151.6300}
All existing aboveground storage tank systems must meet the labeling requirements of part 7151.5300.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.6400** Secondary Containment {#sec-7151.6400 omnilex-key=us-mn-regs-official--agency-167--7151.6400}
**Subpart 1. Requirement.**
A. Owners and operators must provide secondary containment for the storage of all substances in tanks. If more than one type of substance is stored within a single secondary containment area, the substances shall be compatible with each other and with the secondary containment area.
B. Secondary containment areas for existing aboveground storage tanks must have a continuous dike surrounding the tanks which will prevent releases from contaminating surface waters.
**Subp. 2. Volume.**
All secondary containment systems for existing aboveground storage tanks must meet the volume requirements of part 7151.5400, subpart 2.
**Subp. 3. Materials.**
All secondary containment systems for existing aboveground storage tanks must meet the materials requirements of subpart 5 or part 7151.5400, subpart 3.
**Subp. 4. Design.**
A. If the tank is lifted or moved within a facility, the secondary containment system must meet the design requirements of part 7151.5400, subpart 4.
B. If the tank is moved from a facility and reinstalled on a second facility, the tank must meet the standards for new aboveground storage tanks in part 7151.5100.
**Subp. 5. Soils.**
A secondary containment area constructed of soils must:
A. be used as an integral part of a geosynthetic clay liner; or
B. show, through testing, a permeability rate to water equal to or less than the following:
**Subp. 6. Containment area evaluation.**
Owners and operators shall perform postinstallation permeability testing on containment areas constructed of native soils, amended soils, or imported clay liners requiring a minimum permeability standard under subpart 5. A qualified soil technician or testing company shall evaluate the top three feet of soil, below any cover material, for vertical soil permeability. Evaluation must:
A. comport with approved ASTM standard field or lab sampling techniques;
B. utilize the soil sampling matrix below to quantify permeability rates of soils in smaller containment areas:
C. utilize at least one sample collected from the lowest point in the containment area with the remaining samples triangulated across the entire basin.
**Subp. 7. Timing of compliance.**
A. Owners and operators shall comply with subpart 1, item B, effective November 1, 1998.
B. Owners and operators shall comply with subparts 2 to 6, effective November 1, 2003.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.6500** Substance Transfer Areas {#sec-7151.6500 omnilex-key=us-mn-regs-official--agency-167--7151.6500}
**Subpart 1. General.**
Owners and operators shall provide, for all tank systems, substance transfer safeguards such as spill boxes, remote fill boxes, or containment areas. The safeguards must effectively contain a release at the connection point, as well as at the vehicle, during transfer of the substance to and from the tank.
**Subp. 2. Exclusions.**
A substance transfer area is not required for:
A. a tank that is filled with a hand-held nozzle;
B. a transfer of the substance through a continuous pipeline between tanks at one site; or
C. a barge transfer facility regulated under United States Coast Guard regulations, Code of Federal Regulations, title 33, parts 126, 154, and 156.
**Subp. 3. Timing of compliance.**
Owners and operators shall comply with subpart 1 after one year following November 2, 1998.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.6600** Corrosion Protection {#sec-7151.6600 omnilex-key=us-mn-regs-official--agency-167--7151.6600}
**Subpart 1. General.**
Owners and operators shall apply corrosion protection to all steel tanks and tank systems except as otherwise provided in subpart 5.
**Subp. 2. Tanks.**
The floor of an existing steel aboveground storage tank must be protected from external corrosion using one or more of the following methods:
A. the tank is elevated so that the underside of the tank's floor is not in contact with any surface other than the supports;
B. the tank rests on a continuous concrete slab that is designed to prevent water from accumulating under the tank floor;
C. the tank is double walled;
D. the tank is double-bottomed with:
E. the tank floor is:
F. the tank floor is:
G. the tank floor is:
**Subp. 3. Lines.**
An existing steel line must be protected from external corrosion using one or more of the following methods:
A. the line is not in contact with soil;
B. the underground line is cathodically protected; or
C. the underground line is double walled.
**Subp. 4. Design criteria.**
Cathodic protection of existing steel tanks and lines must be designed by a corrosion expert in accordance with American Petroleum Institute Standards 651 and 1632, as applicable.
**Subp. 5. Exclusions.**
A secondary containment area for tanks or tank systems which complies with the requirements of part 7151.5400, subparts 1, 2, 3, items B to I, and 4, is excluded from the requirements of this part.
**Subp. 6. Timing of compliance.**
Owners and operators shall comply with this part effective November 1, 2003.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.6700** Overfill Protection {#sec-7151.6700 omnilex-key=us-mn-regs-official--agency-167--7151.6700}
**Subpart 1. General.**
Except as otherwise provided in subpart 2, owners and operators shall provide overfill protection, as provided in part 7151.5700, for all tank systems.
**Subp. 2. Exclusions.**
A secondary containment area for tanks or tank systems which is constructed to a 1 x 10-7 centimeters per second permeability standard and meets the requirements of part 7151.5400 or 7151.6400, subparts 1 to 4, is excluded from the requirements of this part.
**Subp. 3. Timing of compliance.**
Effective November 1, 2003, overfill protection shall be implemented pursuant to part 7151.5700.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.7100** Requirement {#sec-7151.7100 omnilex-key=us-mn-regs-official--agency-167--7151.7100}
**Subpart 1. Application.**
Parts 7151.7100 to 7151.7500 apply to all aboveground storage tank systems in use on or after November 2, 1998, except as otherwise provided in subpart 2.
**Subp. 2. Exclusions.**
The following aboveground storage tanks are excluded from the requirements of parts 7151.7100 to 7151.7500:
A. tanks 1,100 gallons or less but greater than 500 gallons and located within 500 feet of Class 2 surface water;
B. tanks storing other regulated substances are excluded from part 7151.7200, subparts 4; 6, item B; and 7 only; and
C. tanks storing asphalt cement are excluded from part 7151.7200, subparts 4; 6, item B; and 7 only.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.7200** Monitoring {#sec-7151.7200 omnilex-key=us-mn-regs-official--agency-167--7151.7200}
**Subpart 1. Transfer.**
At least one person must be present during substance loading or unloading of a tank to visually monitor and terminate the transfer. The person monitoring the substance transfer shall take immediate action to stop the flow of the substance being transferred when the capacity of the tank has been reached or in the event of an equipment failure or emergency. Tank owners and operators shall recover all contaminated soils and any substance released during transfer.
**Subp. 2. Weekly monitoring.**
Owners or operators of tanks shall conduct visual monitoring as described in items A to C to verify that no releases have occurred from the tank system.
A. If the secondary containment area complies with the standard established in part 7151.5400, the owner or operator shall visually monitor an aboveground storage tank site at least weekly.
B. If the secondary containment area does not comply with the standard established in part 7151.5400, the owner or operator shall visually monitor an aboveground storage tank site at least every 72 hours.
C. Owners and operators of double-walled tanks need not conduct weekly monitoring of the containment area around the double-walled tanks.
**Subp. 3. Monthly monitoring.**
The owner or operator shall visually inspect tank systems at least monthly, including:
A. walking through the site to identify cracks or other defects in the secondary containment area and any substance transfer area;
B. a visual examination of the exterior surfaces of tanks, piping, valves, pumps, and other equipment for cracks, corrosion, releases, and maintenance deficiencies; and
C. identification of poor maintenance, operating practices, or malfunctioning equipment.
**Subp. 4. Leak detection.**
The owner or operator shall monitor tank systems for leaks as described in items A to C. Any suspected releases shall be investigated and resolved.
A. If a tank is designed pursuant to part 7151.5400, subpart 4, leak detection must be conducted at least monthly as follows:
B. If a tank is not designed pursuant to part 7151.5400, subpart 4, leak detection must be conducted at least monthly using one or more of the following:
C. All underground lines must be tested for leaks at least annually using one or more of the following methods:
**Subp. 5. Annual equipment check.**
Owners and operators shall maintain in functioning condition all equipment used for release detection, monitoring, or warning. Owners and operators shall check such equipment for proper function or calibration at least yearly or in accordance with manufacturer's guidance.
**Subp. 6. Tank inspection.**
All field-erected steel tanks must be internally and externally inspected by a certified tank inspector pursuant to American Petroleum Institute standard 653. Initial inspections must be completed in accordance with the following schedule:
A. external inspections shall be conducted by November 2, 2003, or a maximum of five years after the initial construction date, whichever is later; and
B. internal inspections shall be conducted by November 2, 2008, or a maximum of ten years after the initial construction date, whichever is later.
**Subp. 7. Corrosion protection monitoring.**
A. A qualified cathodic protection tester shall inspect all cathodic protection systems on steel tanks and piping as follows:
B. A lined tank which does not have external cathodic protection must be internally inspected within ten years after lining, and every ten years after that. The liner must be structurally sound with the lining performing pursuant to original design specifications.
C. If corrosion protection monitoring conducted in conformance with this part indicates inadequate corrosion protection, corrective measures must be taken within 180 days to ensure that the measured surface potential conforms to the requirements of this part.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.7300** Maintenance {#sec-7151.7300 omnilex-key=us-mn-regs-official--agency-167--7151.7300}
**Subpart 1. Tank.**
A. Owners and operators shall minimize rust on the tank exterior so as to not jeopardize the integrity of the tank system.
B. Owners and operators shall dispose of water that is drawn from the bottom of a tank according to applicable state and federal laws.
**Subp. 2. Containment safeguards.**
Tank owners and operators shall maintain the integrity of containment safeguards as follows:
A. the secondary containment and substance transfer areas must be maintained free of cracks, open seams, open drains, siphons, and vegetation other than grass;
B. precipitation must be removed as often as practical to ensure proper containment volume; and
C. tank owners and operators shall reduce the storage volume within the tank or tank system to accommodate decreased secondary containment volume if accumulation of precipitation reduces the volume of the containment basin below 100 percent.
**Subp. 3. Stormwater discharge.**
Stormwater that collects within the secondary containment area or substance transfer area must be discharged in compliance with all applicable state and federal laws.
**Subp. 4. Schedules.**
Safeguard systems must be installed and maintained pursuant to applicable manufacturer's schedules and applicable standards.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.7400** Records {#sec-7151.7400 omnilex-key=us-mn-regs-official--agency-167--7151.7400}
**Subpart 1. Application.**
Owners and operators of tanks shall retain information, reports, and records according to this part. Upon agency request, tank owners and operators shall make such data available to the agency for viewing and copying.
**Subp. 2. Tank system design.**
A. Except as specified in item C, the owner and operator shall retain, for the life of the tank system, the following records which are available as of November 2, 1998:
B. As-built drawings must be maintained by the owner or operator of all field-erected tank installations conducted after November 2, 1998. The drawings shall be certified by a professional engineer and illustrate:
C. Owners and operators shall retain for three years all documentation addressing service check and equipment calibrations.
**Subp. 3. Containment area evaluation.**
Owners and operators of tanks shall retain, for the life of the tank system, the following written records of all sampling and testing methods used to evaluate permeability of soil containment areas:
A. classification of soils used in containment area construction;
B. soil descriptions and logs of each sample location;
C. a table of individual permeability tests; and
D. hydraulic conductivity of the soil expressed as centimeters per second for each sample location and for each containment area.
**Subp. 4. Monitoring.**
A. Owners and operators of tanks shall retain, for at least three years from the date of the activity, the written records of all periodic monitoring activities. The person performing the monitoring activity shall document the following information:
B. Owners and operators shall retain, for the life of the tank, documentation of corrosion protection and internal tank inspections and a written summary of the results.
C. Owners and operators shall retain, for three years after the tank has been taken out of service, records demonstrating compliance with out-of-service tank requirements under parts 7151.8100 to 7151.8500. Records must be retained in one of the following ways:
D. Upon agency request, owners and operators of tanks shall make data available to the agency for viewing and copying.
**Subp. 5. Tank inspection.**
Owners and operators of tanks shall retain, for the life of the tank system, the written records of all internal and external tank inspections.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.7500** Releases and Discharges to a Secondary Containment Area {#sec-7151.7500 omnilex-key=us-mn-regs-official--agency-167--7151.7500}
**Subpart 1. Release investigation.**
An owner or operator shall immediately investigate a suspected release or discharge to a secondary containment area.
**Subp. 2. Assessment of secondary containment area following release.**
The owner or operator shall assess for damage any secondary containment area where there was a release of a stored substance from an aboveground storage tank into a secondary containment area. The owner or operator shall repair the secondary containment area pursuant to part 7151.5400 or 7151.6400, as applicable, prior to continued substance storage.
**Subp. 3. Reporting.**
An owner or operator shall notify the agency immediately of discharges to a secondary containment area, including those associated with substance transfer areas, in conformance with the requirements of Minnesota Statutes, section 115.061.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.8100** Requirement {#sec-7151.8100 omnilex-key=us-mn-regs-official--agency-167--7151.8100}
Parts 7151.8100 to 7151.8500 address procedures for aboveground storage tank system's out-of-service status, reactivation, and contamination analysis.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.8200** Out-of-Service Aboveground Storage Tank Systems {#sec-7151.8200 omnilex-key=us-mn-regs-official--agency-167--7151.8200}
**Subpart 1. Application.**
If a substance is not introduced to or removed from an aboveground storage tank system for one year or more, or if an aboveground storage tank system is to be permanently closed, the owner or operator shall:
A. maintain the operation and maintenance requirements of parts 7151.7100 to 7151.7500; or
B. declare the tank system as inactive and taken out of service or removed.
**Subp. 2. Out of service.**
The owner or operator of an aboveground storage tank system taken out of service shall:
A. remove all substances from the aboveground storage tank, connected piping, and appurtenances;
B. secure the aboveground storage tank to prevent unauthorized entrance or tampering, by:
C. thoroughly clean the interior of the tank and all associated piping of all sludge, solids, and residuals;
D. dispose of tank bottom sludges in accordance with applicable state or federal requirements;
E. render the tank sufficiently free of vapors to avoid formation of an explosive atmosphere and vent the tank; and
F. clearly label the exterior of an out-of-service tank with the words "Out of Service," and the date the tank was taken out of service.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.8300** Reactivating Out-of-Service Aboveground Storage Tank Systems {#sec-7151.8300 omnilex-key=us-mn-regs-official--agency-167--7151.8300}
The owner or operator shall, prior to placing an inactive aboveground storage tank system back into service, thoroughly inspect and test the aboveground storage tank system pursuant to part 7151.5200, subpart 3.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.8400** Contamination Determination {#sec-7151.8400 omnilex-key=us-mn-regs-official--agency-167--7151.8400}
**Subpart 1. Application.**
Except as otherwise provided in subpart 2, owners and operators shall sample for contamination when removing a tank and determine, through laboratory analysis, the extent of contamination. In selecting sample types, sample locations, and measurement methods, owners and operators shall consider:
A. the method of closure;
B. the nature of the stored substance;
C. the type of secondary containment;
D. the depth to groundwater;
E. areas having the greatest potential for contamination; and
F. other factors necessary for identifying the presence of a release.
**Subp. 2. Exclusions.**
The following aboveground storage tank systems are excluded from the requirements of this part:
A. a tank storing other regulated substances;
B. a tank, which has been removed, that exclusively contained number 6 grade fuel oil or asphalt cement; and
C. a tank with containment under the tank floor meeting part 7151.5400, subpart 3, item C, D, E, G, H, or I where:
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883; 25 SR 556*
##### **Minn. R. 7151.8500** Contamination Determination for Previously Closed Aboveground Storage Tank Systems {#sec-7151.8500 omnilex-key=us-mn-regs-official--agency-167--7151.8500}
If a release from an aboveground storage tank system taken out of service before November 2, 1998, poses a current or potential threat to human health or the environment, the commissioner shall direct the owner and operator to assess the extent of the contamination and close the aboveground storage tank system pursuant to this part.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.9100** Inadequate Safeguards {#sec-7151.9100 omnilex-key=us-mn-regs-official--agency-167--7151.9100}
The owner or operator shall immediately remove a substance from an aboveground storage tank failing to meet the requirements of this chapter. The owner or operator shall refrain from further use of the aboveground storage tank until the tank or tank system complies with all applicable requirements of this chapter.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.9200** Procedural Rules and Appeals {#sec-7151.9200 omnilex-key=us-mn-regs-official--agency-167--7151.9200}
A request for a hearing, an appeal, or other procedural matter not specifically provided for in this chapter is governed by rules of procedure, chapter 7000; the rules of the Office of Administrative Hearings, chapter 1400; and other applicable laws.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.9300** Variances {#sec-7151.9300 omnilex-key=us-mn-regs-official--agency-167--7151.9300}
Any person who applies for a variance from any requirement of this chapter shall comply with part 7000.7000. An application for a variance must be acted on by the agency pursuant to part 7000.7000 and Minnesota Statutes, section 116.07, subdivision 5. However, no variance may be granted that would result in noncompliance with applicable federal rules and regulations for aboveground storage tanks.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.9400** Alternative Design or Operating Practice {#sec-7151.9400 omnilex-key=us-mn-regs-official--agency-167--7151.9400}
**Subpart 1. General.**
An owner or operator may submit a petition to the commissioner for approval to use an alternative design or operating practice in lieu of the requirements of this chapter.
**Subp. 2. Petition.**
A. Each petition for approval to use an alternative design or operating practice must include:
B. After receiving a petition for approval to use an alternative design or operating practice, the commissioner shall request any additional information on the proposed method which the commissioner reasonably requires to evaluate the method.
**Subp. 3. Procedure for petition review.**
The commissioner's determination to approve or deny an alternative design or operating practice petition shall be based on a demonstration by the petitioner that the alternative design or operating practice, together with location characteristics, will prevent migration of stored substances into surface water and groundwater as effectively as the requirements of this chapter and will not endanger human health or the environment.
A. In approving or denying the petition, the commissioner shall consider:
**Subp. 4. Compliance.**
The owner or operator shall comply with the approval of petition for alternative design or operating practice and all terms and conditions imposed on the approval of petition for alternative design or operating practice.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.9500** Release Reporting {#sec-7151.9500 omnilex-key=us-mn-regs-official--agency-167--7151.9500}
Nothing in this chapter shall relieve an owner or operator from compliance with any state, federal, or local duty to report.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
##### **Minn. R. 7151.9600** Other Regulations {#sec-7151.9600 omnilex-key=us-mn-regs-official--agency-167--7151.9600}
**Subpart 1. General.**
This chapter shall be in addition to the standards imposed by any other regulations applying to aboveground storage tanks.
**Subp. 2. Permit preemption.**
This chapter supersedes all terms and conditions of permits issued to tank owners and operators pursuant to chapter 7100.
**History**
- *Statutory Authority: MS s 115.03*
- *History: 23 SR 883*
## **Chapter 7152** DRY CLEANER ENVIRONMENTAL RESPONSE AND REIMBURSEMENT
##### **Minn. R. 7152.0100** Definitions {#sec-7152.0100 omnilex-key=us-mn-regs-official--agency-167--7152.0100}
**Subpart 1. Scope.**
The terms used in this chapter have the meanings given them in this part or, if not defined in this part, in Minnesota Statutes, sections 115B.02 and 115B.48.
**Subp. 2. Agency.**
"Agency" means the Pollution Control Agency.
**Subp. 3. Applicant.**
"Applicant" means an owner or operator as defined under Minnesota Statutes, section 115B.48, subdivision 10.
**Subp. 4. Commissioner.**
"Commissioner" means the commissioner of the Pollution Control Agency.
**Subp. 5. Consultant services.**
"Consultant services" means professional opinion, advice, or analysis regarding a release.
**Subp. 6. Contractor services.**
"Contractor services" means products and services that are related to response actions and that are defined by written agreements and plans and specifications, such as excavation, treatment of contaminated soil and groundwater, abatement of vapors, soil borings and well installations, laboratory analysis, surveying, electrical work, plumbing, carpentry, and equipment.
**Subp. 7. Draftsperson.**
"Draftsperson" means a person with a trade school diploma or the equivalent in computer-assisted design.
**Subp. 8. Entry-level professional.**
"Entry-level professional" means a person with:
A. a college degree in agricultural engineering, chemical engineering, civil engineering, environmental engineering, geological engineering, geotechnical engineering, soil science, geology, hydrogeology, or a related science; or
B. at least five years' experience in performing a majority of the following activities:
**Subp. 9. Equipment and field supplies.**
"Equipment and field supplies" means purchased or rented equipment and supplies necessary to perform consultant services.
**Subp. 10. Field technician.**
"Field technician" means a person who performs field work.
**Subp. 11. Field work.**
"Field work" means activities that are related to response actions and that take place at a response-action site, such as sampling, installation of wells or borings, and implementation of response actions.
**Subp. 12. Midlevel professional.**
"Midlevel professional" means a person with:
A. a college degree in agricultural engineering, chemical engineering, civil engineering, environmental engineering, geological engineering, geotechnical engineering, soil science, geology, hydrogeology, or a related science and at least four years' experience in performing one or more of the activities listed in item B; or
B. a graduate degree in environmental sciences and at least three years' experience in performing one or more of the following activities:
**Subp. 13. Per diem.**
"Per diem" means daily charges for costs of meals and lodging when the distance to the response-action site makes it more cost-effective to lodge overnight near the response-action site.
**Subp. 14. Person.**
"Person" means an individual, partnership, association, public or private corporation, or other legal entity, including the United States government, an interstate commission or other body, the state, or any agency, board, bureau, office, department, or political subdivision of the state.
**Subp. 15. Prima facie unreasonable.**
"Prima facie unreasonable" means unreasonable absent proof by a preponderance of the evidence.
**Subp. 16. Remediation system.**
"Remediation system" means a system that removes, contains, or mitigates releases at a response-action site.
**Subp. 17. Response action.**
"Response action" means an action to respond, as defined in Minnesota Statutes, section 115B.02, subdivision 18.
**Subp. 18. Response action plan.**
"Response action plan" means activities approved by the commissioner to remove, contain, or mitigate releases at a response-action site.
**Subp. 19. Senior-level professional.**
"Senior-level professional" means a person with:
A. a college degree in agricultural engineering, chemical engineering, civil engineering, environmental engineering, geological engineering, geotechnical engineering, soil science, geology, hydrogeology, or a related science and at least eight years' experience in performing one or more of the activities listed in item B; or
B. a graduate degree in the environmental sciences and at least seven years' experience in performing one or more of the following activities:
**Subp. 20. Site inspection.**
"Site inspection" means activities that are related to examination or assessment of a response-action site, such as determining potential sources of contamination, determining sampling locations, and overseeing implementation of response actions.
**Subp. 21. Travel time.**
"Travel time" means the time required to mobilize equipment and to travel to and from the response-action site or other location necessary to provide consultant services.
**Subp. 22. Vehicle mileage.**
"Vehicle mileage" means the per-mile costs associated with providing and using a vehicle to travel to and from the response-action site or other location necessary to provide consultant services.
**Subp. 23. Word processing.**
"Word processing" means using a computer or a typewriter to prepare correspondence or prepare a form, report, or worksheet submitted to the agency.
**Subp. 24. Word processor.**
"Word processor" means a person who performs word processing.
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444*
##### **Minn. R. 7152.0200** Reimbursement of Costs {#sec-7152.0200 omnilex-key=us-mn-regs-official--agency-167--7152.0200}
**Subpart 1. Applicability.**
This chapter applies when an applicant submits an application to the commissioner for reimbursement of the applicant's eligible costs as provided under part 7152.0300 and Minnesota Statutes, section 115B.50, subdivision 2.
**Subp. 2. Conditions for reimbursement.**
Under Minnesota Statutes, section 115B.50, the commissioner must reimburse an applicant's eligible costs that are reasonable and necessary to protect the public health or welfare or the environment under the standards required in Minnesota Statutes, sections 115B.01 to 115B.20.
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444*
##### **Minn. R. 7152.0300** Eligible Costs {#sec-7152.0300 omnilex-key=us-mn-regs-official--agency-167--7152.0300}
**Subpart 1. Costs eligible for reimbursement.**
Costs associated with the following response actions conducted under Minnesota Statutes, section 115B.50, subdivision 2, are eligible for reimbursement from the account if the costs meet the conditions under part 7152.0200, subpart 2:
A. emergency response and initial site hazard mitigation measures necessary to abate acute risks to human health, safety, and the environment;
B. temporary site hazard control measures such as security fencing or other measures to limit access, temporary provision of drinking water and housing, initial abatement of vapors, removal of free product, and other temporary measures to limit the public's exposure;
C. investigation and source identification such as collecting and analyzing soil samples, soil vapor, groundwater, and drinking water; providing engineering and environmental services; and taking other actions necessary to determine the source, scope, and extent of a release;
D. preparing and submitting reports required by the commissioner; and
E. response actions such as removal, treatment, or disposal of surface and subsurface soil, soil vapor, or groundwater contamination, installation of a vapor mitigation system including venting systems and vapor barriers, provision of a permanent alternative water supply, and other actions that remove or remedy a release. Response actions must be performed according to a response action plan approved by the commissioner.
**Subp. 2. Documentation of eligible costs.**
The applicant must retain all records necessary to document incurred costs submitted in an application for reimbursement for seven years from the date the application is submitted to the commissioner. Among the records required are all invoices, time records, equipment records, and receipts.
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444*
##### **Minn. R. 7152.0400** Ineligible Costs {#sec-7152.0400 omnilex-key=us-mn-regs-official--agency-167--7152.0400}
**Subpart 1. Generally.**
Costs associated with actions conducted under Minnesota Statutes, section 115B.50, subdivision 2, are not eligible for reimbursement from the account when the costs are:
A. not incurred by the applicant; or
B. not reasonable according to Minnesota Statutes, section 115B.50.
**Subp. 2. Specific items.**
The following specific items are not eligible for reimbursement:
A. loss of income;
B. the applicant's attorney fees or other fees charged by an attorney or by another person for providing legal or quasi-legal advice, filing appeals, or providing legal testimony;
C. costs for permanent relocation of residents;
D. decreased property values for the applicant's property;
E. costs for the applicant's own time spent in planning, performing, or administering a response action;
F. costs for aesthetic or site improvements not deemed reasonable and necessary by the commissioner to protect the public health or welfare or the environment under the standards required in Minnesota Statutes, sections 115B.01 to 115B.20;
G. costs for work performed that is not in compliance with applicable codes;
H. per diem charges for sites less than 60 miles from an office of the person providing consultant services or contractor services;
I. costs for repair or restoration of structures, surfaces, or land damaged by equipment used in the response action, unless the damage was unavoidable to implement the response action;
J. administrative costs incurred by the applicant, such as:
K. costs for priority turnaround of laboratory analysis, unless requested by the commissioner in writing;
L. late payment fees;
M. fees charged by property owners for access to private property;
N. interest costs;
O. costs for work done solely to facilitate a property transfer or refinance;
P. purchasing price of property being acquired;
Q. administrative costs associated with acquiring business, preparing or responding to a request for proposal, or preparing invoices for services provided or performed;
R. costs for reports not submitted to the commissioner or not required by the commissioner;
S. costs for work that must be redone due to workmanship that fails to meet industry standards;
T. consultant markup charges;
U. costs reimbursed by insurance;
V. costs for repair, replacement, or upgrade of a facility or equipment;
W. investigation or response actions related to contamination not associated with a dry cleaning operation;
X. costs resulting from illegal actions as provided in Minnesota Statutes, section 115B.51;
Y. costs for third-party review or oversight of another party's environmental work; and
Z. the first $10,000 of aggregate response-action costs, according to Minnesota Statutes, section 115B.50, subdivision 2, paragraph (a).
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444*
##### **Minn. R. 7152.0500** Maximum Hourly Rates {#sec-7152.0500 omnilex-key=us-mn-regs-official--agency-167--7152.0500}
A. After the applicant accepts a consultant's or contractor's written proposal for services at the response-action site, hourly rate charges for subsequent services performed at the site by that consultant or contractor that exceed the hourly rates listed in the written proposal for services at the response-action site are prima facie unreasonable.
B. Notwithstanding item A, hourly rate charges that exceed by a maximum of five percent per year the hourly rates listed in the written proposal for services at the response-action site are not prima facie unreasonable when at least one year has passed since the applicant approved the proposal in writing.
C. Notwithstanding items A and B, hourly rate charges for consultant services in excess of the following are prima facie unreasonable:
D. An hourly rate for consultant services is prima facie unreasonable when the rate for the consultant services is higher than the level of consultant services required to perform the task.
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444; 47 SR 1088*
##### **Minn. R. 7152.0600** Maximum Travel and Per Diem Charges {#sec-7152.0600 omnilex-key=us-mn-regs-official--agency-167--7152.0600}
The cost for travel time, vehicle mileage for consultant services, or per diem is prima facie unreasonable when the cost exceeds the amount specified in the proposal for consultant services or contractor services or the maximum cost specified in items A to C, whichever is less:
A. travel time has a maximum cost of the maximum hourly rate charge specified for the traveler's level of professional expertise required for the required task to be performed;
B. for consultant services, vehicle mileage has a maximum cost of the standard mileage rate for business established by the Internal Revenue Service; and
C. per diem has a maximum cost of $198 per day.
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444; 47 SR 1088*
##### **Minn. R. 7152.0700** Maximum Equipment and Field Supplies Charges {#sec-7152.0700 omnilex-key=us-mn-regs-official--agency-167--7152.0700}
The costs for equipment and field supplies are prima facie unreasonable when the cost exceeds:
A. for a disposable item, the cost to buy the item; or
B. for a reusable item, the cost to buy the item or to rent it for the amount of time necessary to transport and use it, whichever is less.
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444*
##### **Minn. R. 7152.0800** Reimbursement; Actual Costs {#sec-7152.0800 omnilex-key=us-mn-regs-official--agency-167--7152.0800}
Notwithstanding parts 7152.0100 to 7152.0700, the commissioner must not reimburse applicants for a cost that exceeds the cost for the actual hours spent by a consultant or contractor performing the service when services are charged based on the consultant's or contractor's time.
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444*
##### **Minn. R. 7152.0900** Adjustment of Dollar Amounts {#sec-7152.0900 omnilex-key=us-mn-regs-official--agency-167--7152.0900}
A. When the Petroleum Tank Release Compensation Board makes adjustments to maximum charge dollar amounts according to chapter 2890 to reflect changes in the implicit price deflator for the gross domestic product, the commissioner must use the expedited rulemaking process in Minnesota Statutes, section 14.389, as authorized under Minnesota Statutes, section 115B.50, subdivision 4, to reflect the same adjustments in dollar amounts in parts 7152.0500 and 7152.0600.
B. If the Petroleum Tank Release Compensation Board does not make adjustments as required under chapter 2890, the commissioner must determine the adjustment rate using the process established in chapter 2890 and adjust the rates as required under item A.
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444*
##### **Minn. R. 7152.1000** Application Process {#sec-7152.1000 omnilex-key=us-mn-regs-official--agency-167--7152.1000}
**Subpart 1. Applications.**
An applicant must complete, sign, and submit a written application to the commissioner. The application must be made on a form prescribed by the commissioner.
**Subp. 2. Time of application; costs payable under insurance policy.**
The applicant must make reasonable efforts to collect payment from an insurer for any costs that are payable under an applicable insurance policy before applying for reimbursement for those costs.
**Subp. 3. Supplemental applications.**
An applicant who has already submitted an application to the commissioner for reimbursement and who has incurred additional or continuing eligible costs may apply for reimbursement of those costs by filing a supplemental application. An applicant may file a supplemental application only if the applicant has not submitted the costs on a previous application.
**Subp. 4. Certification.**
A person who signs an application for reimbursement must make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete."
**Subp. 5. Resolution of denied reimbursement request.**
If a request for reimbursement is denied by the commissioner, the applicant may appeal the decision as a contested case under Minnesota Statutes, chapter 14.
**History**
- *Statutory Authority: MS s 14.389; 115B.50; L 2016 c 123 s 5*
- *History: 42 SR 1444*
## **Chapter 7190** HARMFUL SUBSTANCE CLAIMS, COMPENSATION
##### **Minn. R. 7190.0001** Definitions {#sec-7190.0001 omnilex-key=us-mn-regs-official--agency-167--7190.0001}
**Subpart 1. Scope.**
The terms used in this chapter have the meanings given them in Minnesota Statutes, chapter 115B, and in this part.
**Subp. 2.**
[Repealed, L 2002 c 379 art 2 s 24]
**Subp. 3. Days.**
"Days" means calendar days.
**Subp. 4.**
[Repealed, L 2002 c 379 art 2 s 24]
**Subp. 5. Staff.**
"Staff" means a staff member of the Pollution Control Agency.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 1989 c 325 s 41; L 2002 c 379 art 2 s 23,24*
##### **Minn. R. 7190.0002** [Repealed, L 2002 c 379 art 2 s 24] {#sec-7190.0002 omnilex-key=us-mn-regs-official--agency-167--7190.0002}
[Repealed, L 2002 c 379 art 2 s 24]
##### **Minn. R. 7190.0003** [Repealed, L 2002 c 379 art 2 s 24] {#sec-7190.0003 omnilex-key=us-mn-regs-official--agency-167--7190.0003}
[Repealed, L 2002 c 379 art 2 s 24]
##### **Minn. R. 7190.0004** [Repealed, L 2002 c 379 art 2 s 24] {#sec-7190.0004 omnilex-key=us-mn-regs-official--agency-167--7190.0004}
[Repealed, L 2002 c 379 art 2 s 24]
##### **Minn. R. 7190.0005** Representation {#sec-7190.0005 omnilex-key=us-mn-regs-official--agency-167--7190.0005}
A claimant may authorize a representative to complete the application for compensation and represent the claimant in all communication and proceedings involving the Pollution Control Agency. The representative may be an attorney or other individual which the claimant has authorized in writing to the agency to act in that capacity. The agency will notify the claimant and the claimant's representative of actions pertaining to a claim.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0006** Application for Compensation {#sec-7190.0006 omnilex-key=us-mn-regs-official--agency-167--7190.0006}
A claimant must apply for compensation within the time limits established by Minnesota Statutes, section 115B.30, subdivision 3. The application must be on a form supplied by the Pollution Control Agency, containing substantially the following:
A. the name, address, telephone number, social security number, and age of the claimant;
B. the name, address, and telephone number of the claimant's employer if the claimant is seeking compensation for personal injury or claiming hardship;
C. the name, address, telephone number, and relationship to the claimant of any representative;
D. the identity of the harmful substances to which the claimant was exposed;
E. a description of the property damage or personal injury;
F. the date the claimant discovered the property damage or the personal injury;
G. the date the claimant discovered the connection between the injury or property damage and the exposure to harmful substances and an explanation of how the connection was discovered;
H. the name, address, and phone number of any medical practitioner who examined the claimant regarding the personal injury;
I. in the case of death as a personal injury, the cause of death on the death record and the report of an autopsy if performed;
J. the identity of any government agency or official that the claimant contacted concerning the presence of harmful substances;
K. the identity, if the claimant knows, of the source of the harmful substances related to the exposure, including the location of the source and the person responsible for the release;
L. the duration and location of the exposure to the substances;
M. the amount of compensation the claimant seeks from the agency for the property damage or personal injury including losses for medical expenses, lost wages, or income and lost household labor;
N. the amount of reimbursement the claimant has received for losses and identification of the sources of reimbursement;
O. a description of actions the claimant has taken if any to recover compensation from the person responsible for the release of the harmful substance;
P. a statement signed by the claimant, certifying under oath the accuracy and completeness of the information provided;
Q. an authorization signed by the claimant for access to medical and financial records if the compensation requested is for personal injury or hardship; and
R. other relevant information the agency deems essential to a determination on the application.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 1989 c 325 s 78; L 2001 1Sp9 art 15 s 32; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0007** Claim Acceptance {#sec-7190.0007 omnilex-key=us-mn-regs-official--agency-167--7190.0007}
**Subpart 1. Claim acceptance.**
A claim shall begin when the Pollution Control Agency accepts for filing an application for compensation. The agency shall accept for filing an application that the agency determines is from an eligible person, and cites injury or damage described as eligible for compensation in Minnesota Statutes, chapter 115B.
**Subp. 2. Refusal to accept.**
If the agency determines that the application is ineligible, the agency will forward the application to staff. The staff member will review the application and the agency's determination and render a written decision on the eligibility of the application within 14 days. If the staff member determines the application is ineligible, the agency will notify the applicant in writing of the refusal to accept the application for filing and the reasons for finding it ineligible. The agency shall report at the regular meeting of the agency on the number of applications determined since the previous meeting to be ineligible and the reasons for ineligibility.
**Subp. 3. Refiling an application.**
An applicant may not appeal a determination of ineligibility but may submit another application if that application contains new information relevant to determining eligibility.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0008** Claim Review {#sec-7190.0008 omnilex-key=us-mn-regs-official--agency-167--7190.0008}
**Subpart 1.**
[Repealed, L 2002 c 379 art 2 s 24]
**Subp. 2.**
[Repealed, L 2002 c 379 art 2 s 24]
**Subp. 3. Claims lacking required information.**
If the Pollution Control Agency determines the claim lacks required information, the agency will provide the claimant written notice describing the required information, the time limits for providing the information, and the consequences of not providing the required information.
**Subp. 4. Extensions of time for providing required information.**
If a claimant cannot provide the required information within the designated time limits, the claimant may request from the agency an extension of time. The request must be made as soon as reasonably practicable and be in writing. It must give the reasons the extension is needed and the date the information will be provided. The agency may approve a request for extension of time. If the agency determines a request for extension of time should be denied, the agency will submit the request and the agency's determination to agency staff. The agency staff will issue a written decision to grant or deny the extension. The agency will notify the claimant in writing of the decision to grant or deny as soon as practicable after the claimant makes the request.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23,24*
##### **Minn. R. 7190.0009** Claim Access {#sec-7190.0009 omnilex-key=us-mn-regs-official--agency-167--7190.0009}
During the time a claim is pending before the Pollution Control Agency, the application, supporting documents, and information gathered by the agency shall be available only to members of the agency, the agency's staff, attorney, and authorized consultants. Claim data in summary form or other form that does not identify the claimant may be distributed. The final decision of the agency shall be available to the public.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0010** Claim Amendment {#sec-7190.0010 omnilex-key=us-mn-regs-official--agency-167--7190.0010}
A claimant must promptly notify the Pollution Control Agency in writing upon learning of additional personal injury or property damage potentially related to a pending claim. The agency will determine whether to permit an amendment of the pending claim.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0011** Claim Consolidation {#sec-7190.0011 omnilex-key=us-mn-regs-official--agency-167--7190.0011}
The agency may consolidate two or more related claims if:
A. the claims arise from the same release; or
B. the claims present substantially the same issues; and
C. the consolidation would not prejudice the rights of any claimant; and
D. the consolidation is administratively practical.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0012** Claim Dismissal {#sec-7190.0012 omnilex-key=us-mn-regs-official--agency-167--7190.0012}
The Pollution Control Agency may dismiss a claim when:
A. the claimant refuses to supply requested information, including undergoing mental or physical examination;
B. the claimant receives an award from the responsible person;
C. the claimant has falsified or withheld information relevant to the claim; or
D. the claimant refuses to appear before the agency when ordered.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0013** Emergency Compensation {#sec-7190.0013 omnilex-key=us-mn-regs-official--agency-167--7190.0013}
A claimant may submit a written request to the Pollution Control Agency for emergency compensation for expenses related to a pending claim. The agency must respond to the request within 30 days. The agency shall determine whether to grant emergency compensation as described in Minnesota Statutes, section 115B.28, subdivision 2, clause (3), using the following criteria:
A. the failure to receive the emergency compensation may create a life-threatening or other seriously disruptive situation such as loss of critical medical care, loss of residence, or loss of other basic necessities; and
B. the emergency compensation is not likely to be provided by other sources of assistance available to the claimant. The agency may award emergency compensation only to the extent necessary to meet immediate expenses.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0014** Claim Investigation {#sec-7190.0014 omnilex-key=us-mn-regs-official--agency-167--7190.0014}
Pollution Control Agency staff other than the staff assigned to the investigation shall not discuss with the claimant outside an agency meeting the status of the investigation.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0015** Claim Determination {#sec-7190.0015 omnilex-key=us-mn-regs-official--agency-167--7190.0015}
**Subpart 1.**
[Repealed, L 2002 c 379 art 2 s 24]
**Subp. 2.**
[Repealed, L 2002 c 379 art 2 s 24]
**Subp. 3. Claimant review of protected information.**
Within 30 days of receiving the final decision of the Pollution Control Agency, a claimant may request to review protected information relevant to the final determination of the claim. The claimant must agree in writing to maintain the confidentiality of such information under Minnesota Statutes, section 115B.35.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23,24*
##### **Minn. R. 7190.0016** Reopening a Claim {#sec-7190.0016 omnilex-key=us-mn-regs-official--agency-167--7190.0016}
Within a reasonable time, not to exceed six years from the final determination of a claim, the Pollution Control Agency may reopen the investigation of a claim upon the presentation of new material evidence which with reasonable diligence could not have been found and produced at the time of the claim determination.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0017** Payment of Compensation {#sec-7190.0017 omnilex-key=us-mn-regs-official--agency-167--7190.0017}
**Subpart 1. Claimant payment.**
Payment of all compensation shall be directly to the claimant.
**Subp. 2. Subrogation.**
An offer of compensation from the Pollution Control Agency shall be subject to the claimant assigning to the agency the claimant's rights to recover losses from other sources. The claimant shall agree to cooperate fully with the agency in any subrogation action brought by the agency.
**Subp. 3. Acceptance deadline.**
A claimant must accept or reject in writing an offer of compensation from the agency within 30 days of receiving the offer. If the agency receives no response from the claimant, the agency shall consider the offer rejected.
**History**
- *Statutory Authority: MS s 115B.28*
- *History: 11 SR 2077; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0020** Attorney Fees {#sec-7190.0020 omnilex-key=us-mn-regs-official--agency-167--7190.0020}
**Subpart 1. Entitlement.**
An attorney is entitled to a fee for representing a claimant in a property damage claim before the Pollution Control Agency if the claimant accepts an award from the agency. Representation includes preparation involved in filing an application, monitoring the claim progress, communication with the agency and appearances before the agency.
**Subp. 2. Maximum fee.**
The fee must not exceed 15 percent of the amount the agency awards the claimant for the property damage.
**Subp. 3. Variance not binding.**
An agreement between the attorney and client that attempts to vary or change the provisions of this part is not binding upon the attorney and the client.
**History**
- *Statutory Authority: MS s 115B.37*
- *History: 12 SR 1710; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0100** Definitions {#sec-7190.0100 omnilex-key=us-mn-regs-official--agency-167--7190.0100}
**Subpart 1. Scope.**
The terms used in parts 7190.0100 to 7190.0108 have the meanings given them in this part.
**Subp. 2.**
[Repealed, L 2002 c 379 art 2 s 24]
**Subp. 3. Children.**
"Children" means household members under the age of 18.
**Subp. 4. Claimant.**
"Claimant" means a person whom the Pollution Control Agency determines has an eligible claim for personal injury.
**Subp. 5. Disability.**
"Disability" means an impairment in the ability to produce goods and services necessary for the household to function.
**Subp. 6. Household.**
"Household" means a single housekeeping unit. A household may consist of a single person or several persons, usually but not necessarily, related by blood or marriage.
**Subp. 7. Household labor.**
"Household labor" means the production of goods and services necessary for the household to function, including marketing, record keeping, food preparation, house cleaning, house maintenance, yard care, clothing care, and physical and other care of household members.
**Subp. 8. Houseworker.**
"Houseworker" means a person who performs household labor in a household.
**Subp. 9. Minimum wage.**
"Minimum wage" means the amount set in United States Code, title 29, section 206.
**Subp. 10. Primary houseworker.**
"Primary houseworker" means the person who contributes the majority of time spent in a household on household labor.
**Subp. 11. Secondary houseworker.**
"Secondary houseworker" means a person who contributes a significant amount of time but less than the majority of time spent in a household on household labor.
**Subp. 12. Teenage houseworker.**
"Teenage houseworker" means a person from the ages of 12 to 17 who produces goods or services necessary for the household but is not primarily responsible for the household labor, and is a financially dependent household member.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 846; L 1989 c 325 s 41; L 2002 c 379 art 2 s 23,24*
##### **Minn. R. 7190.0101** Household Labor Losses Eligible for Compensation {#sec-7190.0101 omnilex-key=us-mn-regs-official--agency-167--7190.0101}
**Subpart 1. Scope.**
The Pollution Control Agency shall compensate a claimant for the value of past, current, and future household labor lost due to the claimant's injury or disease.
**Subp. 2. Past years.**
The agency shall calculate the number of eligible years of losses in the past beginning with the date on which the claimant's injury was diagnosed by a physician.
**Subp. 3. Future years.**
The agency shall calculate the number of eligible years of losses in the future using the claimant's average remaining lifetime as determined by United States Life Tables, Volume 43A Minnesota Statutes Annotated, which is incorporated by reference. This publication is available for loan or inspection through the Minitex interlibrary loan system.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 846; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0102** Factors Affecting the Amount of Hours Spent on Household Labor {#sec-7190.0102 omnilex-key=us-mn-regs-official--agency-167--7190.0102}
In calculating the hours spent on household labor, the Pollution Control Agency shall consider whether the claimant:
A. is in a living arrangement with other persons;
B. is a primary, secondary, or teenage houseworker;
C. resides in a household where the primary houseworker is employed outside the household 15 or more hours per week; or
D. provides services and care for children, and, if so, the number and ages of the children.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 846; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0103** Calculation of the Amount of Hours Spent on Household Labor {#sec-7190.0103 omnilex-key=us-mn-regs-official--agency-167--7190.0103}
**Subpart 1. Base hours.**
The Pollution Control Agency shall determine the number of household labor hours contributed by the claimant by using part 7190.0108, schedule A or B.
**Subp. 2. Schedule A.**
Schedule A applies to a claimant who lives in a household where the primary houseworker is not employed outside the household or employed less than 15 hours per week outside the household.
**Subp. 3. Schedule B.**
Schedule B applies to a claimant who lives in a household where the primary houseworker is employed 15 or more hours per week outside the household.
**Subp. 4. Applicable living arrangement.**
The agency shall determine the hours eligible for compensation from the appropriate schedule as follows:
A. if the claimant is part of a married couple, or demonstrates the claimant is part of a married couple equivalent, the number of hours in the schedule for the claimant's houseworker role (primary or secondary houseworker, with or without children) is the number of hours eligible for compensation;
B. if the claimant is a single parent, the only adult in a household with children, the total of the hours for a primary and secondary houseworker is the number of hours eligible for compensation;
C. if the claimant lives alone, the number of hours for a primary houseworker is the number of hours eligible for compensation;
D. if the claimant lives with one or more other adults, the number of hours for a secondary houseworker in part 7190.0108, subpart 2, is the number of hours eligible for compensation; and
E. if the claimant is a teenage houseworker, the number of hours for a teenage houseworker is the number of hours eligible for compensation. When a teenage houseworker becomes 18 years old, the number of hours for a secondary houseworker is the number of hours eligible for compensation. The agency shall consider that children under the age of 12 produce no hours eligible for compensation.
**Subp. 5. Exception to schedule.**
The agency may determine the number of hours eligible for compensation without using a schedule when:
A. the claimant's living arrangement is not covered by the schedule;
B. the claimant provides evidence that the division of household labor in the claimant's household significantly deviates from the schedule's division; or
C. the claimant demonstrates that special circumstances in the claimant's household such as a disabled spouse, child, or parent significantly increase the total amount of hours spent on household labor.
**Subp. 6. Determination of yearly hours spent.**
The agency shall calculate the number of hours spent on household labor in any year by multiplying the schedule base value by 12. For partial years, the agency shall calculate the actual number of months where household labor was lost and multiply the schedule base value by that number.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 846; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0104** Calculation of Hourly Wage for Household Labor {#sec-7190.0104 omnilex-key=us-mn-regs-official--agency-167--7190.0104}
**Subpart 1. Salary determination.**
For each year in which the Pollution Control Agency calculates an adult claimant has hours eligible for compensation, the agency shall determine the hourly wage for household labor using the state median monthly salary for janitors as determined in the annual salary survey conducted by the Department of Employment and Economic Development. For each future year, the agency shall calculate the hourly wage using the current year's salary survey data.
**Subp. 2. Formula.**
For each year in which a claimant has hours eligible for compensation, the agency shall calculate the hourly wage using the following formula:
Where:
W = hourly wage for that year
S = state median monthly salary for janitors for that year
173.33 = the number of hours in a work month
**Subp. 3. Teenage houseworker.**
For each past year in which a teenage houseworker has eligible hours, the agency shall use the minimum wage in that year as the hourly wage for household labor; for the current year and future years until the year the teenage houseworker becomes 18 years old the agency shall use the current minimum wage.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 846; L 1994 c 483 s 1; L 2002 c 379 art 2 s 23; L 2005 c 112 art 2 s 41*
##### **Minn. R. 7190.0105** Disability {#sec-7190.0105 omnilex-key=us-mn-regs-official--agency-167--7190.0105}
For each past year in which the Pollution Control Agency calculates a claimant has hours eligible for compensation, the agency shall determine to what extent the claimant's injury or disease impaired the claimant's ability to perform household labor. For the current year and future years in which a claimant has hours eligible for compensation, the agency shall determine to what extent the claimant's injury or disease presently impairs the claimant's ability to perform household labor.
In making the determination of disability, the agency shall consider the quality and quantity of household labor services the claimant:
A. can or could no longer perform;
B. performs or performed with assistance;
C. continues or continued to perform. The agency shall set a claimant's disability for any year at 100 percent, 75 percent, 50 percent, 25 percent, or zero.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 846; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0106** Calculation of Loss in Household Labor {#sec-7190.0106 omnilex-key=us-mn-regs-official--agency-167--7190.0106}
For each year in which the claimant has a loss in household labor, the Pollution Control Agency shall determine the claimant's loss using the following formula:
V = H x W x D
Where:
V = value of the household labor lost in that year
H = number of hours eligible for compensation in that year
W = hourly wage for household labor for that year
D = percent disabled in that year
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 846; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0107** Payment of Compensation {#sec-7190.0107 omnilex-key=us-mn-regs-official--agency-167--7190.0107}
**Subpart 1. Payment limit.**
The total compensation the Pollution Control Agency shall pay to a claimant for household labor lost shall not exceed the limits in Minnesota Statutes, sections 115B.34, subdivision 1, and 115B.36.
**Subp. 2. Payment in lump sum.**
The agency will calculate the total lump sum amount of compensation to be paid to a claimant using the following formula:
A = P + C + F
Where:
A = award amount in current dollars
P = the sum of all past years' losses
C = the loss for the current year
F = the sum of all future years' losses, with each year discounted to current value according to Minnesota Statutes, section 604.07, subdivision 4, clauses (1) and (2)
**Subp. 3. Payment in installments.**
When the agency chooses to pay the award in installments, it shall adjust future payments by the cost of living rate for the current year as described in Minnesota Statutes, section 604.07, subdivision 4, clause (2).
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 846; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.0108** Primary Employment Schedules {#sec-7190.0108 omnilex-key=us-mn-regs-official--agency-167--7190.0108}
**Subpart 1. Schedule A: Primary Houseworker Not Employed Outside Household or Employed Less Than 15 Hours Per Week.**
P denotes primary houseworker
S denotes secondary houseworker
T denotes teenage houseworker
**Subp. 2. Schedule B: Primary Houseworker Employed 15 or More Hours Per Week Outside Household.**
P denotes primary houseworker
S denotes secondary houseworker
T denotes teenage houseworker
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 846*
##### **Minn. R. 7190.1000** Definitions {#sec-7190.1000 omnilex-key=us-mn-regs-official--agency-167--7190.1000}
**Subpart 1.**
[Repealed, L 2002 c 379 art 2 s 24]
**Subp. 2. Claimant.**
"Claimant" means a person who suffered an eligible personal injury as defined in Minnesota Statutes, section 115B.30, subdivision 1.
**Subp. 3. Value of household labor.**
"Value of household labor" means the value determined by parts 7190.0100 to 7190.0108.
**Subp. 4. Wage.**
"Wage" means the average gross weekly wage received by the claimant for the highest three of the five years immediately preceding death or the date of diagnosis of the injury causing the death, whichever is greater. If the claimant was self-employed, wage means the income of the claimant from the business for the highest three of the five years immediately preceding death or the date of diagnosis of the injury causing the death, whichever is greater. The claimant's dependents may request the Pollution Control Agency use the date of the exposure to the harmful substance to calculate the wage, if the dependents document the date of exposure.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 1710; L 1989 c 325 s 41,78; L 2002 c 379 art 2 s 23,24*
##### **Minn. R. 7190.1005** Payment of Claims When Claimant Dies {#sec-7190.1005 omnilex-key=us-mn-regs-official--agency-167--7190.1005}
**Subpart 1. Death occurring during investigation.**
If a claimant dies from an eligible injury during the investigation of the claim, the Pollution Control Agency shall amend the claim so that it seeks compensation for the claimant's estate for medical expenses and death benefits for the claimant's dependents. If the death of the claimant during the investigation is unrelated to the eligible injury, the agency shall amend the claim so that it seeks compensation for the claimant's dependents for eligible losses due to the injury up to the date of death.
**Subp. 2. Death occurring during payout.**
If a claimant who is receiving compensation from the agency dies, the agency shall pay the remaining compensation due the claimant to the dependents in the order of the subparts in part 7190.1015. If there are no dependents, the agency shall pay the remaining compensation to the claimant's estate.
**Subp. 3. Death after award.**
If a claimant has received compensation from the agency for future loss of wages and household labor due to the injury that caused the death, the agency shall not accept a claim for death benefits.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 1710; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.1010** Priority for Death Benefits {#sec-7190.1010 omnilex-key=us-mn-regs-official--agency-167--7190.1010}
The Pollution Control Agency shall pay death benefits to eligible dependents of a claimant in the following order:
A. allowances to presumed dependents;
B. allowances to wholly supported established dependents in the order in part 7190.1015; and
C. allowances to partially supported established dependents in the order in part 7190.1015.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 1710; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.1015** Eligible Dependents {#sec-7190.1015 omnilex-key=us-mn-regs-official--agency-167--7190.1015}
**Subpart 1. Presumed dependents.**
The Pollution Control Agency shall presume that the following persons are wholly supported dependents of the claimant:
A. the spouse, unless it is shown that the spouse and claimant were voluntarily living apart at the time of the injury or death;
B. a child under 18 years old;
C. a child under 25 years old if regularly attending an accredited educational institution on a full-time basis; and
D. a child 18 years old or older if physically or mentally incapacitated from earning.
**Subp. 2. Established dependents.**
The agency shall consider, in the following order, these persons as dependents of the claimant if the persons establish that the claimant contributed regularly to their support:
A. a child 18 years old or older;
B. a parent;
C. a grandparent;
D. a grandchild;
E. a sibling; and
F. a parent-in-law.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 1710; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.1020** Factors Governing Award of Death Benefits {#sec-7190.1020 omnilex-key=us-mn-regs-official--agency-167--7190.1020}
**Subpart 1. Limitations.**
The Pollution Control Agency shall award death benefits to presumed and established dependents until two-thirds of the claimant's wage is allocated. The agency shall adjust any award of death benefits according to the limitations of Minnesota Statutes, sections 115B.34, subdivision 1, clause (4), and 115B.36. The benefit paid to established dependents shall not exceed the actual contribution by the claimant to their support.
**Subp. 2. Initiation.**
The agency shall calculate death benefits from the onset of disability leading to the death of the claimant or from the date of death, taking into consideration when the claimant's financial capability to provide reasonable support for the dependents diminished.
**Subp. 3. Determination of dependents.**
The agency shall determine the eligibility of a dependent based on the facts existing on the date of the agency's decision.
**Subp. 4. Lump-sum payment.**
When the agency chooses to pay death benefits in a lump sum, it shall discount benefits awarded for future years to current value based on real rates of return obtainable through conservative investment.
**Subp. 5. Installment payment.**
When the agency chooses to pay death benefits in installments, it shall adjust future payments by the cost of living rate for the current year.
**Subp. 6. Collateral sources.**
In calculating the total award of death benefits, the agency shall subtract from the award losses recouped by the dependents from any government survivor program to the extent that the combined total of government survivor benefits and death benefits paid under this chapter exceeds 100 percent of the wage earned by the claimant.
**Subp. 7. Cessation of compensation.**
The agency shall cease compensation upon the death of any dependent or upon marriage of any dependent other than the spouse. The cessation of compensation to any dependent does not affect the compensation paid to any other dependent.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 1710; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.1025** Eligible Allowances for Presumed Dependents {#sec-7190.1025 omnilex-key=us-mn-regs-official--agency-167--7190.1025}
**Subpart 1. Spouse, no dependent children.**
If the claimant leaves a spouse and no dependent children, the Pollution Control Agency shall pay to the spouse for ten years one-half of the claimant's wage and one-half the value of the claimant's household labor.
**Subp. 2. Spouse, one dependent child.**
If the claimant leaves a spouse and one dependent child, the agency shall pay to the spouse for ten years, for the benefit of the spouse and child, three-fifths of the claimant's wage and three-fifths the value of the claimant's household labor. If the child is not dependent for ten years, the agency shall pay to the spouse one-half the claimant's wage and one-half the value of the claimant's household labor in the years remaining after the child is no longer dependent. If the child is dependent for more than ten years, the agency shall pay to the spouse for the child one-half of the claimant's wage and one-half the value of the claimant's household labor until the child is no longer dependent.
**Subp. 3. Spouse, two or more dependent children.**
If the claimant leaves a spouse and two or more dependent children, the agency shall pay to the spouse for ten years, for the benefit of the spouse and children, two-thirds of the claimant's wage and two-thirds the value of the claimant's household labor. If no child remains dependent for ten years, the agency shall pay to the spouse one-half the claimant's wage and one-half the value of the claimant's household labor in the years remaining after the last child is no longer dependent. If a child is dependent for more than ten years, the agency shall pay to the spouse, for the benefit of the child, one-half of the claimant's wage and one-half the value of the claimant's household labor.
**Subp. 4. Dependent children, no spouse.**
If the claimant leaves a dependent child and no spouse, the agency shall pay to the guardian of the child 55 percent of the claimant's wage and 55 percent of the value of the claimant's household labor; and for two or more children, the agency shall pay to the guardian of the children two-thirds of the claimant's wage and two-thirds the value of the claimant's household labor until the last child is no longer dependent.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 1710; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.1026** Eligible Allowances for Established Dependents {#sec-7190.1026 omnilex-key=us-mn-regs-official--agency-167--7190.1026}
**Subpart 1. Parents.**
If the claimant leaves both parents wholly dependent on the deceased, the Pollution Control Agency shall pay to both parents jointly for ten years, 45 percent of the claimant's wage. If only one parent survives, the agency shall pay to that parent for ten years 35 percent of the claimant's wage. If the claimant lived in the same household as both parents immediately before death, the agency shall pay for ten years, 45 percent of the value of the claimant's household labor to both parents jointly. If the claimant lived in the household of one parent immediately before death, the agency shall pay 35 percent of the value of the claimant's household labor to that parent for ten years.
**Subp. 2. Other established dependents.**
If the claimant leaves a child, grandparent, grandchild, sibling, or parent-in-law wholly dependent, the agency shall pay to that dependent for ten years, 30 percent of the claimant's wage. If the claimant leaves more than one of them, the agency shall pay 35 percent of the claimant's wage divided among them in equal shares.
**Subp. 3. Partial support.**
If an established dependent regularly received only partial financial support from the claimant, the agency shall adjust the eligible allowance in subparts 5 and 6 according to the following formula:
b = A x c/w
Where:
b is the benefit to be awarded;
A is the eligible allowance to the dependent;
c is the amount of weekly contribution to the dependent by the claimant; and
w is the wage of the claimant.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 12 SR 1710; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.1100** Definitions {#sec-7190.1100 omnilex-key=us-mn-regs-official--agency-167--7190.1100}
**Subpart 1. Scope.**
The terms used in parts 7190.1110 to 7190.2010 have the meanings given them in this part.
**Subp. 2. Contamination.**
"Contamination" means:
A. the presence of a harmful substance in or on property that resulted from an intentional or accidental release of the harmful substance from a facility; or
B. the imminent and substantial threat of contamination due to the movement of the harmful substance in the direction of the property, as determined by the Pollution Control Agency or the Department of Health or for agricultural chemical contamination, as determined by the Department of Agriculture or the Department of Health.
**Subp. 3. Date of discovery of contamination.**
"Date of discovery of contamination" means the date a claimant discovered or should have discovered the contamination of the property.
**Subp. 4. Harmful substance.**
"Harmful substance" has the meaning given in Minnesota Statutes, section 115B.25.
**Subp. 5. Residential homestead.**
"Residential homestead" means property that qualifies as the owner's homestead under Minnesota Statutes, section 273.124. If the homestead is also a family farm as defined in Minnesota Statutes, section 500.24, subdivision 2, paragraph (b), the property includes one acre of the land surrounding the residence, but does not include any other structures that may be located on it.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.1110** Principal Residence {#sec-7190.1110 omnilex-key=us-mn-regs-official--agency-167--7190.1110}
For purposes of identifying property losses eligible for compensation under Minnesota Statutes, section 115B.34, the principal residence of the claimant is the property that is:
A. the claimant's current principal residence under part 7190.1120;
B. a residence owned but not occupied by the claimant under part 7190.1130;
C. a residence that was purchased by the claimant after the date of discovery under part 7190.1140;
D. the claimant's intended principal residence under part 7190.1150;
E. the claimant's past principal residence under part 7190.1160; or
F. sold by the claimant under part 7190.1170.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.1120** Current Principal Residence {#sec-7190.1120 omnilex-key=us-mn-regs-official--agency-167--7190.1120}
The current principal residence of the claimant is the property that is the claimant's residential homestead, except that the residence must be owned and occupied by the claimant, and used for the purposes of a homestead as of the date of discovery of contamination, not the date of assessment.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.1130** Residence Owned But Not Occupied {#sec-7190.1130 omnilex-key=us-mn-regs-official--agency-167--7190.1130}
A residence owned but not occupied by the claimant is eligible as the claimant's principal residence if it otherwise qualifies under part 7190.1120 and:
A. the claimant no longer resides at the residence because of marital separation or divorce; or
B. the claimant is a resident of a nursing home or boarding care facility.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.1140** Property Purchased After Date of Discovery {#sec-7190.1140 omnilex-key=us-mn-regs-official--agency-167--7190.1140}
A residence purchased by the claimant for use as a residential homestead after the date of discovery of contamination is eligible as the claimant's principal residence if it is used as the claimant's residential homestead and the claimant can show that:
A. a written purchase agreement or contract which committed the claimant to purchase the property was made prior to the date of discovery of contamination; or
B. the property was purchased with the reasonable expectation that the property damage would be fully remedied by public or other funding sources without cost to the claimant.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.1150** Intended Principal Residence {#sec-7190.1150 omnilex-key=us-mn-regs-official--agency-167--7190.1150}
**Subpart 1. Description.**
Property purchased by the claimant for the purpose of owning and occupying a residence including construction of a new residence on that property is eligible as the claimant's principal residence if the claimant:
A. had purchased the property, or contracted for the purchase of the property, as shown by a written purchase agreement, before the date of discovery of contamination; and
B. can demonstrate to the Pollution Control Agency that before the date of discovery of contamination the claimant intended to occupy a home as a residential homestead on the property.
**Subp. 2. Claimant's intent.**
The intent to occupy a principal residence on the property before the date of discovery of contamination, as required in subpart 1, item B, may be demonstrated by construction contracts or plans, a public listing or advertisement to sell the current residence, or other documents or actions that make a similar showing.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162; L 2002 c 379 art 2 s 23*
##### **Minn. R. 7190.1160** Past Principal Residence {#sec-7190.1160 omnilex-key=us-mn-regs-official--agency-167--7190.1160}
Residential property owned by the claimant that is unoccupied and actively on the market for sale at the time of the discovery of contamination is eligible as the claimant's principal residence if:
A. the property was the residential homestead of the claimant immediately before or at the time of placing the property on the market; and
B. the commitment to change residence and sell the property, evidenced by a purchase agreement, contract for sale, contract with a realtor, or other documentation of active sale listing by the claimant, was made before the date of discovery of contamination.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.1170** Residential Property That Has Been Sold {#sec-7190.1170 omnilex-key=us-mn-regs-official--agency-167--7190.1170}
Residential property that has been sold by the claimant is eligible as the claimant's principal residence if:
A. the property was the residential homestead of the claimant on the date of discovery of contamination; and
B. the claimant was assessed or otherwise realized the loss before the sale or at the time of the sale, or the claimant expressly agrees in the sale agreement to reimburse the buyer when the amount of loss becomes known.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.1180** Two Properties May Qualify {#sec-7190.1180 omnilex-key=us-mn-regs-official--agency-167--7190.1180}
If a claimant owns both a current principal residence under part 7190.1120 and an intended principal residence under part 7190.1150, both properties are eligible as the claimant's principal residence.
If a claimant owns both a current principal residence under part 7190.1120 and a past principal residence under part 7190.1160, both properties are eligible as the claimant's principal residence.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.1190** Eligible Losses Related to Replacement or Decontamination of Primary Source of Drinking Water {#sec-7190.1190 omnilex-key=us-mn-regs-official--agency-167--7190.1190}
**Subpart 1. Limitation.**
Property damage losses related to the replacement or decontamination of the primary source of drinking water are limited to the costs of replacement or decontamination of the system that:
A. services the individual claimant's property only; or
B. extends distribution of an existing municipal water supply to the property. The cost of construction of a system that provides for the expansion of the community water system or that provides benefits to the community in general is not eligible.
**Subp. 2. Operational as of date of discovery.**
Except as provided in subpart 3, to be eligible for replacement or decontamination expenses, the primary source of drinking water for a claimant's property as described in subpart 1 must be operational and in use by the property owner on the date of discovery of contamination.
**Subp. 3. Private wells under construction.**
A private drinking water well located on property that qualifies as the claimant's principal residence under part 7190.1110 is eligible for replacement or decontamination expenses that exceed the anticipated contract costs for construction of the well if at the time of discovery of contamination:
A. the well is under construction on the property; or
B. a binding contract for construction of the well has been entered into.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.2000** Hardship {#sec-7190.2000 omnilex-key=us-mn-regs-official--agency-167--7190.2000}
For purposes of determining eligibility for compensation for losses incurred in the sale of a principal residence under Minnesota Statutes, section 115B.34, subdivision 2, paragraph (a), clause (2), or losses incurred as a result of the inability of an owner to sell a principal residence under Minnesota Statutes, section 115B.34, subdivision 2, paragraph (a), clause (3), the factors in item A or B constitute a hardship to the owner.
A. An urgent need to sell the residence based on a special circumstance, including the following:
B. An urgent need to sell a property due to a commitment to purchase a new residence, if the claimant:
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162*
##### **Minn. R. 7190.2010** Eligible Losses Associated with the Need to Maintain Two Residences {#sec-7190.2010 omnilex-key=us-mn-regs-official--agency-167--7190.2010}
**Subpart 1. Eligible losses.**
Losses eligible for reimbursement under Minnesota Statutes, section 115B.34, subdivision 2, paragraph (a), clause (3), include all essential utilities, property tax, necessary homeowner's insurance, mortgage interest expenses, and other property maintenance expenses. The claimant must have incurred the expenses on the principal residence after it had been on the market for a time equal to the average days on the market for comparable home sales outside the area of contamination. Average days on the market shall be determined from the multiple listing service data of the local real estate association for the listing year and locale.
**Subp. 2. Additional expenses.**
Additional property maintenance expenses are compensable to the extent that they are determined by the Pollution Control Agency to be necessary to maintain the property value and marketability.
**History**
- *Statutory Authority: MS s 115B.34*
- *History: 16 SR 2162; L 2002 c 379 art 2 s 23*
## **Chapter 9210** SOLID WASTE GRANT AND LOAN PROGRAMS
##### **Minn. R. 9210.0100** Definitions {#sec-9210.0100 omnilex-key=us-mn-regs-official--agency-167--9210.0100}
**Subpart 1. Scope.**
For the purposes of parts 9210.0100 to 9210.0180, the following terms used have the meanings given in this part and Minnesota Statutes, section 115A.03, unless the context requires otherwise.
**Subp. 2.**
[Repealed, 15 SR 839]
**Subp. 2a. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 3.**
[Repealed, 15 SR 839]
**Subp. 4. Cities.**
"Cities" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 4.
**Subp. 4a. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 5. Comprehensive solid waste management plan.**
"Comprehensive solid waste management plan" means a written plan prepared under Minnesota Statutes, section 115A.46, or, in the metropolitan area, under Minnesota Statutes, section 473.149.
**Subp. 5a.**
[Renumbered subp 4a]
**Subp. 6. Disposal.**
"Disposal" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 9.
**Subp. 7. Final design and engineering/architectural plans.**
"Final design and engineering/architectural plans" means those engineering drawings and specifications used to secure bids for construction or equipment.
**Subp. 7a. Household hazardous waste.**
"Household hazardous waste" has the meaning given in Minnesota Statutes, section 115A.96.
**Subp. 8. Institutional arrangements.**
"Institutional arrangements" means methods of financing, marketing, procurement, or securing the waste supply.
**Subp. 9. Mixed municipal solid waste.**
"Mixed municipal solid waste" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 21.
**Subp. 9a.**
[Renumbered subp 2a]
**Subp. 10. On-site utilities.**
"On-site utilities" means gas, electrical, water, and sewer facilities within the geographic boundaries of the facility site that are used for facility operations, excluding transmission of energy to markets.
**Subp. 11. Preliminary design and engineering/architectural plans.**
"Preliminary design and engineering/architectural plans" means conceptual plans adequate to obtain preconstruction permits and to meet the needs of an environmental assessment.
**Subp. 12. Processing.**
"Processing" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 25.
**Subp. 13.**
[Repealed, 50 SR 1135]
**Subp. 13a. Recipient.**
"Recipient" means an applicant who has received a grant under the solid waste capital assistance program.
**Subp. 14. Recyclable materials.**
"Recyclable materials" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 25a.
**Subp. 15. Recycling.**
"Recycling" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 25b.
**Subp. 16.**
[Renumbered subp 13a]
**Subp. 17. Resource recovery.**
"Resource recovery" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 27.
**Subp. 18. Resource recovery facility.**
"Resource recovery facility" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 28.
**Subp. 19. Solid waste.**
"Solid waste" has the meaning given it in Minnesota Statutes, section 116.06, subdivision 22.
**Subp. 20. Solid waste disposal facilities and equipment.**
"Solid waste disposal facilities and equipment" means structures, machinery, or devices at a disposal site necessary for efficient land disposal of solid wastes, including machinery or devices designed to move earth during burial of wastes or to increase the density of wastes buried or to be buried, and facilities in which solid waste is temporarily stored and concentrated before transport to a disposal site.
**Subp. 21. Solid waste management district.**
"Solid waste management district" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 32.
**Subp. 22. Special waste stream.**
"Special waste stream" means materials normally found in the solid waste stream in sufficient quantity to be recovered for subsequent use, if separated from the solid waste stream and processed separately. Examples of special waste streams include waste tires, wood wastes, and agricultural wastes.
**Subp. 22a. Transfer station.**
"Transfer station" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 33.
**Subp. 23. Transmission facilities.**
"Transmission facilities" means any steam, water, or electrical lines that are used to transport energy to markets.
**Subp. 24.**
[Renumbered subp 22a]
**Subp. 25. Waste processing equipment.**
"Waste processing equipment" means machinery or devices acquired and used as an integral component of a waste processing facility.
**Subp. 26. Waste processing facility.**
"Waste processing facility" means structures and equipment, singly or in combination, that are designed, constructed, and used to separate, modify, convert, heat, prepare, or otherwise process solid waste so that materials, substances, or energy contained within the waste may be recovered for subsequent use.
**History**
- *Statutory Authority: MS s 115A.06; 115A.49 to 115A.54; 116.07; L 2024 c 116 art 2 s 32*
- *History: 11 SR 432; 15 SR 839; L 1999 c 73 s 5; L 2005 1Sp1 art 2 s 161; 50 SR 1135*
##### **Minn. R. 9210.0110** Waste Management Capital Assistance Program {#sec-9210.0110 omnilex-key=us-mn-regs-official--agency-167--9210.0110}
Parts 9210.0100 to 9210.0180 implement the waste management capital assistance program created and described in Minnesota Statutes, sections 115A.49 to 115A.54, by establishing the substantive criteria and procedural conditions under which the commissioner may award grants for capital costs of facilities.
**History**
- *Statutory Authority: MS s 115A.06; 115A.49 to 115A.54; 116.07; L 2024 c 116 art 2 s 32*
- *History: 11 SR 432; 15 SR 839; L 2005 1Sp1 art 2 s 161; 50 SR 1135*
##### **Minn. R. 9210.0120** Grant Application Procedures {#sec-9210.0120 omnilex-key=us-mn-regs-official--agency-167--9210.0120}
**Subpart 1.**
[Repealed, 15 SR 839]
**Subp. 2.**
[Repealed, 15 SR 839]
**Subp. 3.**
[Repealed, 15 SR 839]
**Subp. 4.**
[Repealed, 15 SR 839]
**Subp. 5. Notification by commissioner.**
To initiate the process for awarding grants under the capital assistance program, the commissioner shall publish a notice in the State Register. The notice shall advise eligible applicants of the availability of grant funds, inform eligible applicants of the procedure and projected schedule for the application process, and establish a date by which a preliminary grant application must be received by the commissioner.
**Subp. 6. Preliminary grant applications.**
Eligible applicants may submit to the commissioner preliminary grant applications containing the information in part 9210.0131. Applications received by the commissioner after the deadline in the State Register notice shall not be considered for funding and shall be returned to the applicants.
**Subp. 7. Invitation by commissioner.**
After the date established in the State Register notice, the commissioner shall review the preliminary grant applications. Using the criteria in part 9210.0132, the commissioner shall notify each applicant, in writing, as to whether it is invited to submit a final grant application. Only applicants so invited remain eligible for a grant. The commissioner's invitation shall specify a date by which the final grant application must be received by the agency.
**Subp. 8. Applications accepted.**
Eligible applicants that have been invited to submit a final grant application may submit an application to the agency. Final grant applications must contain the information in part 9210.0140. Final grant applications received by the agency after the deadline in the commissioner's invitation shall not be considered for funding and shall be returned to the applicant.
**History**
- *Statutory Authority: MS s 115A.06; 115A.49 to 115A.54*
- *History: 11 SR 432; 12 SR 847; 15 SR 839; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0130** Eligibility Criteria {#sec-9210.0130 omnilex-key=us-mn-regs-official--agency-167--9210.0130}
**Subpart 1. Eligible applicants.**
Eligible applicants are limited to cities, counties, and solid waste management districts established under Minnesota Statutes, sections 115A.62 to 115A.72, and sanitary districts as defined in Minnesota Statutes, section 115A.03, subdivision 28b.
**Subp. 2. Eligible project.**
For purposes of parts 9210.0100 to 9210.0180, "eligible project" means acquiring, establishing, or improving a facility that conducts waste reduction, reuse, recycling, composting source-separated compostable materials or yard waste, resource recovery, or waste processing and any transfer stations, transmission facilities, or other related and appurtenant facilities primarily serving the facility. A transfer station that will initially transfer waste to a landfill is an eligible project if the transfer station is part of a resource recovery project proposed in an approved comprehensive solid waste management plan. Examples of eligible projects include waste to energy; materials recovery; chemical, physical, or biological modifications; processing of special waste streams including household hazardous waste; and waste incineration with resource recovery. Eligible projects are limited to those in which the land, buildings, and equipment are publicly owned.
**Subp. 3. Eligible costs.**
Eligible costs under parts 9210.0100 to 9210.0180 are limited to the costs of land; waste processing equipment; structures necessary to house the waste processing equipment; transmission facilities; appropriate and necessary on-site utilities; landscaping; on-site roads and parking; structures necessary to concentrate and temporarily store solid waste before transportation to a waste processing facility; trailers, containers, and rolloff boxes necessary to transport wastes from transfer stations to a processing facility, to transport processing facility products to market, or to transport residue from the processing facility to a solid waste land disposal facility; and final design and engineering/architectural plans.
**Subp. 4. Ineligible costs.**
Ineligible costs include costs related to:
A. solid waste disposal facilities and disposal equipment;
B. structures for housing and maintenance of rolling stock;
C. collection equipment including drop boxes not located on the facility site;
D. resource recovery studies, feasibility analyses, or preliminary design and engineering/architectural plans; and
E. leasing equipment.
**History**
- *Statutory Authority: MS s 115A.06; 115A.49 to 115A.54; 116.07; L 2024 c 116 art 2 s 32*
- *History: 11 SR 432; 12 SR 847; 15 SR 839; 50 SR 1135*
##### **Minn. R. 9210.0131** Preliminary Grant Application {#sec-9210.0131 omnilex-key=us-mn-regs-official--agency-167--9210.0131}
**Subpart 1. Preliminary grant application.**
A preliminary grant application must include the following information:
A. the name of each applicant and the name and qualifications of the project manager, a description of the proposed facility, a description of the institutional arrangements necessary for project implementation and operation, a description of the method of facility procurement, and a description of the waste and materials stream for the facility;
B. the status of the comprehensive solid waste management plan for each county to be affected by the proposed project, and an explanation of how the proposed project is consistent with the goals established by those plans;
C. information demonstrating:
D. a preliminary financial plan that includes:
E. a resolution from each political subdivision participating in the project that demonstrates that, if a grant is awarded, the political subdivision will implement the project, provide necessary local financing, and accept and exercise the governmental powers necessary to develop and operate the project;
F. a description of the type and quantity of materials to be recovered and the existing and potential markets for those materials; and
G. an implementation plan for the proposed project that specifies the anticipated completion dates for environmental review, Pollution Control Agency permitting, and facility construction and the anticipated date of operation.
**Subp. 2. Completeness.**
The commissioner must notify applicants if their preliminary grant applications are not complete and must give applicants 30 days after the notification in which to complete their applications. Extensions must be granted if requested in a timely manner and good cause exists for the extension. Applications that are not completed and received by the commissioner within the time allowed are ineligible for funding.
**History**
- *Statutory Authority: MS s 115A.06; 116.07; L 2024 c 116 art 2 s 32*
- *History: 15 SR 839; L 2005 1Sp1 art 2 s 161; 50 SR 1135*
##### **Minn. R. 9210.0132** Invitation to Submit Final Grant Application {#sec-9210.0132 omnilex-key=us-mn-regs-official--agency-167--9210.0132}
**Subpart 1. Criteria.**
The commissioner shall evaluate preliminary grant applications to determine which eligible projects will best assist the state in achieving its solid waste management goals. The commissioner shall base this evaluation on the following factors:
A. the consistency of the proposed project with the comprehensive solid waste management plan of each affected county;
B. the consistency of the proposed project with the legislative priorities in Minnesota Statutes, sections 115A.02 and 115A.49;
C. the consistency of the proposed project with regional solid waste management needs;
D. the extent to which the applicant is prepared to implement the proposed project upon receipt of the grant award; and
E. for projects serving eligible jurisdictions in only a single county, the extent to which cooperation with jurisdictions in other counties to develop the proposed project is not feasible.
**Subp. 2. Invitation to submit final grant application.**
The commissioner shall invite the eligible applicants that the commissioner determines best meet the criteria in subpart 1 to submit final grant applications. If the commissioner determines that no application will provide sufficient assistance to the state in achieving its solid waste management goals, the commissioner may decide not to award any grant. The commissioner may then reinitiate the process for awarding grants or loans by publishing a notice under part 9210.0120, subpart 5.
**History**
- *Statutory Authority: MS s 115A.06*
- *History: 15 SR 839; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0140** Final Grant Application {#sec-9210.0140 omnilex-key=us-mn-regs-official--agency-167--9210.0140}
**Subpart 1. Final grant applications.**
Final grant applications must include the following information as required in the application forms supplied by the commissioner:
A. the name of each applicant making the grant application;
B. the name of each political subdivision affected by the project, located in the area studied in the project, or located in the area in which the project is intended to be implemented;
C. resolutions from each applicant in conformance with Minnesota Statutes, section 115A.54, subdivision 3;
D. the name, qualifications, and address of the project manager;
E. the name and qualifications of the facility operator, if available;
F. the total capital cost of the project;
G. the total grant-eligible cost of the project;
H. the amount of grant funding requested;
I. the amount and sources of all other funding contributions, including the amount of funds to be contributed by the applicant; and
J. the type of facility for which the grant application is being submitted.
**Subp. 2. Project changes.**
Before submitting its final grant application, an eligible applicant may change the components of the proposed project as described in the preliminary grant application. If, however, those changes would result in a project that the commissioner determines no longer best meets the criteria in part 9210.0132, subpart 1, the commissioner shall remove the project from further consideration.
**History**
- *Statutory Authority: MS s 115A.06; 115A.49 to 115A.54; 116.07; L 2024 c 116 art 2 s 32*
- *History: 11 SR 432; 15 SR 839; L 2005 1Sp1 art 2 s 161; 50 SR 1135*
##### **Minn. R. 9210.0150** Supporting Documentation Required to Be Submitted with Final Grant Application {#sec-9210.0150 omnilex-key=us-mn-regs-official--agency-167--9210.0150}
Applicants must submit the following supporting documentation with their final grant application:
A. a copy of the original preliminary grant application submitted under part 9210.0131;
B. a financial plan that contains:
C. a report demonstrating that the project is not financially prudent without state assistance, due to the applicant's financial capacity and the problems inherent in waste management in the area. The report must include the following documentation:
D. for each county affected by the project, a comprehensive solid waste management plan, developed under Minnesota Statutes, section 115A.46, and approved by the commissioner;
E. preliminary design and engineering/architectural plans and equipment specifications of the proposed facility and a description of the management and staffing plans for the proposed project;
F. documentation explaining how material supplies will be committed to the project for the life of the project and that the applicant has mechanisms to commit the materials;
G. a market analysis of recovered materials/energy, including documentation of market commitments such as letters of intent or contracts;
H. the status of required permits from permitting agencies;
I. time frames of project development;
J. the project's environmental impact on climate change, including greenhouse gas emissions;
K. the project's impact on environmental justice areas, a summary of stakeholder engagement activities, and community input received; and
L. resolutions that comply with Minnesota Statutes, section 115A.54, subdivision 3.
**History**
- *Statutory Authority: MS s 115A.06; 115A.49 to 115A.54; 116.07; L 2024 c 116 art 2 s 32*
- *History: 11 SR 432; 12 SR 847; 15 SR 839; L 2005 1Sp1 art 2 s 161; 50 SR 1135*
##### **Minn. R. 9210.0160** Reviewing and Evaluating Final Grant Applications {#sec-9210.0160 omnilex-key=us-mn-regs-official--agency-167--9210.0160}
**Subpart 1. Determining eligibility and completeness.**
Upon receipt of a final grant application, the commissioner shall confirm the eligibility of the applicant and the eligibility of the project, and shall determine the eligibility of the costs identified in the final grant application and the completeness of the final grant application.
**Subp. 2. Notice of determination of eligibility and completeness.**
After receiving the final grant application, the commissioner shall notify the applicant of the commissioner's determinations of eligibility and completeness. If the commissioner determines that the applicant or the project is ineligible, the commissioner shall reject the final grant application, return it to the applicant, and notify the applicant of the reasons for the rejection. If the commissioner determines that any project costs are ineligible or that the final grant application is incomplete, the commissioner shall notify the applicant of the ineligible costs or shall identify the portions of the final grant application that are incomplete. The applicant has 30 days after receiving the notice to correct any inadequacies identified by the commissioner. If the inadequacies are corrected and the corrected application is received by the commissioner within the time allowed, the final grant application will be further considered.
**Subp. 3.**
[Repealed, 15 SR 839]
**Subp. 4. Evaluating final grant applications.**
If the commissioner determines that the final grant application is eligible and complete, the commissioner shall evaluate the final grant application to determine whether the final grant application demonstrates:
A. that the project is conceptually and technically feasible;
B. that affected political subdivisions are committed to implementing the project, providing necessary local financing, and accepting and exercising the governmental powers necessary for project implementation and operation;
C. that operating revenues from the project, considering the availability and security of sources of solid waste and of markets for recovered resources together with any proposed federal, state, or local financial assistance, will be sufficient to pay all costs over the projected life of the project;
D. that the applicant has evaluated the feasible and prudent alternatives to disposal and has compared and evaluated the costs of the alternatives, including capital and operating costs, the effects of the alternatives on the cost to generators, and the effects of the alternatives on the solid waste management and recycling industry within the project's service area;
E. that for projects serving eligible jurisdictions in only a single county, cooperation with jurisdictions in other counties to develop the project is not needed or not feasible; and
F. that the project is not financially prudent without agency assistance, because of the applicant's financial capacity and the problems inherent in the waste management situation in the area, particularly transportation distances and limited waste supply and markets for resources recovered.
**Subp. 5. Award of grants.**
If the commissioner determines that the final grant application satisfies the requirements of subpart 4, the commissioner shall determine the amount of the grant award and the applicant shall be notified. If the director determines that the final grant application fails to satisfy the requirements of subpart 4, the commissioner shall reject the final grant application and shall return the final grant application to the applicant, together with a statement of the reasons for the determination. An applicant that does not receive a grant award may resubmit a preliminary grant application upon future notice by the commissioner under part 9210.0120, subpart 5.
**Subp. 6. Consultation with other agencies.**
During the evaluation of the final grant application, the commissioner shall consider any recommendations provided by the State Planning Agency and the appropriate regional development commission or the Metropolitan Council.
**History**
- *Statutory Authority: MS s 115A.06; 115A.49 to 115A.54*
- *History: 11 SR 432; 12 SR 847; 15 SR 839; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0170** Limitations {#sec-9210.0170 omnilex-key=us-mn-regs-official--agency-167--9210.0170}
**Subpart 1. Maximum grant award.**
A. The maximum grant award is 25 percent of the eligible capital costs of the project or $5,000,000, whichever is less, except as provided in items B and C.
B. A recycling project, a project to compost source-separated compostable material or yard waste, or a project to manage household hazardous waste may receive grant assistance up to 50 percent of the capital cost of the project or $5,000,000, whichever is less.
C. A waste reduction project or a reuse project may receive grant assistance up to 75 percent of the capital cost of the project or $5,000,000, whichever is less.
**Subp. 1a. Reduced grant award.**
The commissioner may award a grant for less than the maximum grant amount. The commissioner shall ask an applicant to document the impacts of reduced grant assistance before reducing the amount of a grant award. The commissioner shall only reduce the amount of a grant award under the following conditions:
A. program resources are insufficient to provide full assistance to all applicants that are awarded grants by the commissioner;
B. the cost figures provided in the final grant application are significantly higher than the cost figures in the preliminary grant application without a change in the project scope approved by the commissioner under part 9210.0140, subpart 2, to justify the higher cost; or
C. the commissioner determines that the applicant has not adequately demonstrated financial need for the full grant amount.
**Subp. 2. Limitations on grant award.**
The amount of the commissioner's grant award shall be limited to an amount needed to complete the project considering all the sources of funding presently available to the applicant.
Grants shall not be awarded to cover any cost associated with tasks performed before the execution of the grant agreement or after the expiration of the grant agreement.
**Subp. 3. Limitations on disbursing funds.**
No grant funds shall be disbursed until the commissioner has:
A. determined the total estimated cost of the project;
B. ascertained that financing of the project cost is assured by the recipient; and
C. received commitments from the recipient to implement the project.
**History**
- *Statutory Authority: MS s 115A.06; 115A.49 to 115A.54; 116.07; L 2024 c 116 art 2 s 32*
- *History: 11 SR 432; 12 SR 847; 15 SR 839; L 2005 1Sp1 art 2 s 161; 50 SR 1135*
##### **Minn. R. 9210.0180** Grant Agreement {#sec-9210.0180 omnilex-key=us-mn-regs-official--agency-167--9210.0180}
**Subpart 1. Requirements.**
A grant agreement shall:
A. include as attachments the resolutions required under Minnesota Statutes, section 115A.54, subdivision 3;
B. incorporate by reference the final grant application submitted to the commissioner under part 9210.0120;
C. allow the recipient to enter into contracts to complete the work specified in the agreement subject to any approval by the commissioner that may be required in the agreement;
D. provide that any cost overruns incurred in the development of the proposed facility shall be the sole responsibility of the recipient;
E. provide that the commissioner will not accept amendments requesting that additional funds be awarded to the recipient;
F. require that the recipient provide periodic written reports to the commissioner on the developmental and operational history of the project so that knowledge and experience gained from the project may be made available to other communities in the state;
G. require total repayment of the grant if the facility is sold to a private enterprise within three years of the effective date of the grant agreement. Beginning on the third anniversary of the grant, the amount of the grant that must be repaid shall be reduced ten percent each year. The sales agreement between the recipient and the private enterprise shall transfer the responsibilities in subpart 1, item F to the private enterprise; and
H. require that the facility may only be sold to a private enterprise in accordance with the Constitution of the state of Minnesota and any applicable Minnesota statutes and rules.
**Subp. 2. Rescinding grant.**
If a project is not completed and operational according to the terms and conditions of the grant agreement, including time schedules, the grant shall be rescinded, and the entire amount of the grant shall be repaid unless the commissioner determines that an amendment to the grant agreement is justified. The commissioner shall agree to an amendment if it will allow the original objectives of the project to be accomplished.
**Subp. 3. Disbursement.**
The commissioner shall disburse grants according to the payment schedule in the grant agreement.
**History**
- *Statutory Authority: MS s 115A.06; 115A.49 to 115A.54*
- *History: 11 SR 432; 12 SR 847; 15 SR 839; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0190** Definitions {#sec-9210.0190 omnilex-key=us-mn-regs-official--agency-167--9210.0190}
The definitions in Minnesota Statutes, section 115A.03, and in chapters 9205 and 9210 apply to part 9210.0200 unless the context requires otherwise.
**History**
- *Statutory Authority: MS s 115A.49 to 115A.54*
- *History: 12 SR 847*
##### **Minn. R. 9210.0200** Environmental Testing Grants {#sec-9210.0200 omnilex-key=us-mn-regs-official--agency-167--9210.0200}
**Subpart 1. Eligible applicants.**
Eligible applicants are limited to those eligible under Minnesota Statutes, section 115A.50.
**Subp. 2. Eligible projects.**
Eligible projects are limited to those eligible for funding under Minnesota Statutes, section 115A.54.
**Subp. 3. Eligible costs.**
Eligible costs under this part are limited to the costs of tests necessary to determine the appropriate pollution control equipment for the project or the environmental effects of the use of any product or material produced by the project. The cost of routine environmental monitoring is not eligible for funding under this part.
**Subp. 4. Information on grant application.**
Applications for environmental testing grants must include the following information as required in the application forms supplied by the agency:
A. the name of each applicant making the grant application;
B. the name of each political subdivision affected by the project;
C. the name, qualifications, and address of the project manager;
D. the name, qualifications, and address of the facility operator;
E. the total costs of testing eligible for funding under this part as documented by a proposal from a testing laboratory to perform the testing setting out the costs of the testing that will be performed;
F. the amount of grant funding requested;
G. the type of facility for which the application is being submitted, and the type of testing that is needed for the facility; and
H. a work plan including a detailed description of the type of testing that will be performed, who will be performing the testing, and a time schedule for the testing. Applicants must contact the Pollution Control Agency before developing a work plan to receive assistance in determining the tests that are needed.
**Subp. 5. Reviewing and approving applications.**
The commissioner shall review each application for funding under this part for eligibility and completeness. When the commissioner has determined that the applicant is eligible and that the application is complete, the commissioner shall forward the application to other appropriate regulatory agencies for review.
**Subp. 6. Agency determination.**
The agency shall evaluate the application to determine if the proposed testing is necessary to determine the appropriate pollution control equipment for the project or the environmental effects of the use of any product or material produced by the project. In making this determination, the agency shall consider the comments of other regulatory agencies that have reviewed the application. If the agency determines that the proposed testing is necessary, the agency shall determine the amount to be awarded and authorize the commissioner to enter into an agreement with the applicant governing disbursement of funds.
**Subp. 7. Funding level.**
The agency shall fund 100 percent of the cost of testing under this part. The maximum grant award per project shall be limited to $200,000. Grants shall not be awarded to cover any cost associated with tasks performed before the grant award or after the expiration of the grant agreement.
**Subp. 8. Grant agreement.**
The grant agreement shall incorporate by reference the final grant application submitted to the agency under this part; provide that any cost overruns incurred by the testing program shall be the sole responsibility of the recipient; provide that the agency will not accept amendments requesting that additional funds be awarded to the recipient unless the agency determines that additional testing is necessary; and require that the recipient make the information developed as a result of the testing available to the state and other persons who request the information.
**History**
- *Statutory Authority: MS s 115A.49 to 115A.54; 116.07; L 2024 c 116 art 2 s 32*
- *History: 12 SR 847; L 1999 c 73 s 5; L 2005 1Sp1 art 2 s 161; 50 SR 1135*
##### **Minn. R. 9210.0300** [Repealed, L 2013 c 114 art 4 s 108] {#sec-9210.0300 omnilex-key=us-mn-regs-official--agency-167--9210.0300}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 9210.0310** [Repealed, L 2013 c 114 art 4 s 108] {#sec-9210.0310 omnilex-key=us-mn-regs-official--agency-167--9210.0310}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 9210.0320** [Repealed, L 2013 c 114 art 4 s 108] {#sec-9210.0320 omnilex-key=us-mn-regs-official--agency-167--9210.0320}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 9210.0330** [Repealed, L 2013 c 114 art 4 s 108] {#sec-9210.0330 omnilex-key=us-mn-regs-official--agency-167--9210.0330}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 9210.0340** [Repealed, L 2013 c 114 art 4 s 108] {#sec-9210.0340 omnilex-key=us-mn-regs-official--agency-167--9210.0340}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 9210.0350** [Repealed, L 2013 c 114 art 4 s 108] {#sec-9210.0350 omnilex-key=us-mn-regs-official--agency-167--9210.0350}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 9210.0360** [Repealed, L 2013 c 114 art 4 s 108] {#sec-9210.0360 omnilex-key=us-mn-regs-official--agency-167--9210.0360}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 9210.0370** [Repealed, L 2013 c 114 art 4 s 108] {#sec-9210.0370 omnilex-key=us-mn-regs-official--agency-167--9210.0370}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 9210.0380** [Repealed, L 2013 c 114 art 4 s 108] {#sec-9210.0380 omnilex-key=us-mn-regs-official--agency-167--9210.0380}
[Repealed, L 2013 c 114 art 4 s 108]
##### **Minn. R. 9210.0400** [Repealed, 22 SR 23] {#sec-9210.0400 omnilex-key=us-mn-regs-official--agency-167--9210.0400}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0410** [Repealed, 22 SR 23] {#sec-9210.0410 omnilex-key=us-mn-regs-official--agency-167--9210.0410}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0420** Repealed by subpart {#sec-9210.0420 omnilex-key=us-mn-regs-official--agency-167--9210.0420}
**Subpart 1.**
[Repealed, 22 SR 23]
**Subp. 2.**
[Repealed, 22 SR 23]
**Subp. 3.**
[Repealed, 22 SR 23]
**Subp. 4.**
[Repealed, 15 SR 695]
**Subp. 5.**
[Repealed, 15 SR 695]
**Subp. 6.**
[Repealed, 22 SR 23]
**Subp. 7.**
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0425** [Repealed, 22 SR 23] {#sec-9210.0425 omnilex-key=us-mn-regs-official--agency-167--9210.0425}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0430** [Repealed, 15 SR 695] {#sec-9210.0430 omnilex-key=us-mn-regs-official--agency-167--9210.0430}
[Repealed, 15 SR 695]
##### **Minn. R. 9210.0435** [Repealed, 22 SR 23] {#sec-9210.0435 omnilex-key=us-mn-regs-official--agency-167--9210.0435}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0440** Repealed by subpart {#sec-9210.0440 omnilex-key=us-mn-regs-official--agency-167--9210.0440}
**Subpart 1.**
[Repealed, 22 SR 23]
**Subp. 2.**
[Repealed, 22 SR 23]
**Subp. 3.**
[Repealed, 15 SR 695]
**Subp. 3a.**
[Repealed, 22 SR 23]
**Subp. 4.**
[Repealed, 15 SR 695]
**Subp. 4a.**
[Repealed, 22 SR 23]
**Subp. 5.**
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0450** Repealed by subpart {#sec-9210.0450 omnilex-key=us-mn-regs-official--agency-167--9210.0450}
**Subpart 1.**
[Repealed, 15 SR 695]
**Subp. 2.**
[Repealed, 22 SR 23]
**Subp. 2a.**
[Repealed, 22 SR 23]
**Subp. 2b.**
[Repealed, 22 SR 23]
**Subp. 3.**
[Repealed, 22 SR 23]
**Subp. 4.**
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0460** [Repealed, 22 SR 23] {#sec-9210.0460 omnilex-key=us-mn-regs-official--agency-167--9210.0460}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0500** [Repealed, 22 SR 23] {#sec-9210.0500 omnilex-key=us-mn-regs-official--agency-167--9210.0500}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0510** [Repealed, 22 SR 23] {#sec-9210.0510 omnilex-key=us-mn-regs-official--agency-167--9210.0510}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0520** [Repealed, 22 SR 23] {#sec-9210.0520 omnilex-key=us-mn-regs-official--agency-167--9210.0520}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0530** [Repealed, 22 SR 23] {#sec-9210.0530 omnilex-key=us-mn-regs-official--agency-167--9210.0530}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0540** [Repealed, 22 SR 23] {#sec-9210.0540 omnilex-key=us-mn-regs-official--agency-167--9210.0540}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0550** [Repealed, 22 SR 23] {#sec-9210.0550 omnilex-key=us-mn-regs-official--agency-167--9210.0550}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0560** [Repealed, 22 SR 23] {#sec-9210.0560 omnilex-key=us-mn-regs-official--agency-167--9210.0560}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0570** [Repealed, 22 SR 23] {#sec-9210.0570 omnilex-key=us-mn-regs-official--agency-167--9210.0570}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0600** [Repealed, 22 SR 23] {#sec-9210.0600 omnilex-key=us-mn-regs-official--agency-167--9210.0600}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0610** [Repealed, 22 SR 23] {#sec-9210.0610 omnilex-key=us-mn-regs-official--agency-167--9210.0610}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0615** [Repealed, 22 SR 23] {#sec-9210.0615 omnilex-key=us-mn-regs-official--agency-167--9210.0615}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0620** [Repealed, 22 SR 23] {#sec-9210.0620 omnilex-key=us-mn-regs-official--agency-167--9210.0620}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0625** [Repealed, 22 SR 23] {#sec-9210.0625 omnilex-key=us-mn-regs-official--agency-167--9210.0625}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0630** [Repealed, 22 SR 23] {#sec-9210.0630 omnilex-key=us-mn-regs-official--agency-167--9210.0630}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0635** [Repealed, 22 SR 23] {#sec-9210.0635 omnilex-key=us-mn-regs-official--agency-167--9210.0635}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0640** [Repealed, 22 SR 23] {#sec-9210.0640 omnilex-key=us-mn-regs-official--agency-167--9210.0640}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0645** [Repealed, 22 SR 23] {#sec-9210.0645 omnilex-key=us-mn-regs-official--agency-167--9210.0645}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0700** [Repealed, 22 SR 23] {#sec-9210.0700 omnilex-key=us-mn-regs-official--agency-167--9210.0700}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0710** Repealed by subpart {#sec-9210.0710 omnilex-key=us-mn-regs-official--agency-167--9210.0710}
**Subpart 1.**
[Repealed, 22 SR 23]
**Subp. 2.**
[Repealed, 22 SR 23]
**Subp. 2a.**
[Repealed, 22 SR 23]
**Subp. 3.**
[Repealed, 22 SR 23]
**Subp. 4.**
[Repealed, 22 SR 23]
**Subp. 5.**
[Repealed, 22 SR 23]
**Subp. 6.**
[Repealed, 22 SR 23]
**Subp. 7.**
[Repealed, 22 SR 23]
**Subp. 8.**
[Repealed, 18 SR 394]
##### **Minn. R. 9210.0720** [Repealed, 22 SR 23] {#sec-9210.0720 omnilex-key=us-mn-regs-official--agency-167--9210.0720}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0730** [Repealed, 22 SR 23] {#sec-9210.0730 omnilex-key=us-mn-regs-official--agency-167--9210.0730}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0740** [Repealed, 22 SR 23] {#sec-9210.0740 omnilex-key=us-mn-regs-official--agency-167--9210.0740}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0750** [Repealed, 20 SR 2285] {#sec-9210.0750 omnilex-key=us-mn-regs-official--agency-167--9210.0750}
[Repealed, 20 SR 2285]
##### **Minn. R. 9210.0760** [Repealed, 20 SR 2285] {#sec-9210.0760 omnilex-key=us-mn-regs-official--agency-167--9210.0760}
[Repealed, 20 SR 2285]
##### **Minn. R. 9210.0770** [Repealed, 22 SR 23] {#sec-9210.0770 omnilex-key=us-mn-regs-official--agency-167--9210.0770}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.0800** Scope and Applicability {#sec-9210.0800 omnilex-key=us-mn-regs-official--agency-167--9210.0800}
Parts 9210.0800 to 9210.0855 implement the environmental assistance grant and loan programs created and described under Minnesota Statutes, section 115A.0716, for projects or practices related to the research, development, or implementation of waste collection, processing, recycling, and reuse; resource recovery; source reduction, and prevention of waste, hazardous substances, toxic pollutants, and problem materials; the development or implementation of pollution prevention projects or practices; the collection, recovery, processing, purchasing, or market development of recyclable materials or compost; resource conservation; and for environmental education. Parts 9210.0805 to 9210.0830 apply to grants and loans. Parts 9210.0835 to 9210.0845 apply to the award of grants. Parts 9210.0850 to 9210.0855 apply to the award of loans.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23*
##### **Minn. R. 9210.0805** Definitions {#sec-9210.0805 omnilex-key=us-mn-regs-official--agency-167--9210.0805}
**Subpart 1. Scope.**
The terms defined in this part apply to parts 9210.0800 to 9210.0855. For terms not defined in this part, the definitions in Minnesota Statutes, sections 115A.03 and 115D.03, apply unless the context requires otherwise.
**Subp. 2. Capital costs.**
"Capital costs" are:
A. acquisition of machinery and equipment, including freight and installation; or
B. leasehold improvements related to item A.
**Subp. 3. Direct loan.**
"Direct loan" means a loan made by the Minnesota Pollution Control Agency without the contractual participation of a financial institution or other financial assistance provider.
**Subp. 4. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 5. Environmental assistance.**
"Environmental assistance" means projects or practices related to collection, processing, recycling, reuse, resource recovery, source reduction, and prevention of waste, hazardous substances, toxic pollutants, and problem materials; pollution prevention projects or practices; the collection, recovery, processing, purchasing, or market development of recyclable materials or compost; resource conservation; and environmental education.
**Subp. 6. Financial institution.**
"Financial institution" means a bank, trust company, mortgage company, credit union, mortgage banker, national banking association, savings bank, savings association, building and loan association, insurance company, financial organization dealing in commercial credit or venture capital, or a lender certified by the secretary of Housing and Urban Development or by the secretary of Veterans Affairs, or approved or certified by the administrator of the Farmers Home Administration or any other financial lending institution, whether organized under federal law or the laws of any state of the United States, and whether located within or without this state.
**Subp. 7. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 8. Participation loan.**
"Participation loan" means a loan, made to an eligible applicant by a financial institution or other financial assistance provider, in which the Minnesota Pollution Control Agency purchases a share of the financial institution or provider's loan to the eligible applicant by means of a participation agreement.
**Subp. 9. Person.**
"Person" means any human being, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity, but does not include the Pollution Control Agency.
**Subp. 10. Provider.**
"Provider" means financial assistance providers other than financial institutions, such as governmental agencies and nonprofit organizations.
**Subp. 11. Real property.**
"Real property" means fixed or stationary property, such as buildings or land.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0810** Request for Proposals {#sec-9210.0810 omnilex-key=us-mn-regs-official--agency-167--9210.0810}
**Subpart 1. All requests for proposal.**
To initiate a process for awarding environmental assistance grants or loans, the commissioner shall publish a notice in the State Register advising eligible applicants of the availability of environmental assistance grants and loans and of a request for proposals (RFP) that describes the process by which applicants may apply for a grant or a loan. In the RFP, the commissioner shall:
A. describe the process for awarding grants and loans and shall establish a deadline by which applications must be submitted;
B. specify the maximum amount of funding to be awarded to a project;
C. establish the minimum percentage of total project funds that an applicant must contribute to the project, and restrictions, if any, on the applicant's use of other state funds for the applicant's contribution; and
D. for loans, specify the maximum interest rate and the maximum term of the loan.
**Subp. 2. Additional limitations.**
If the commissioner intends that a grant or loan round also be limited in any of the following ways, the condition shall be included in the RFP:
A. limits on certain eligible costs to a percentage of the total cost of the project;
B. limits on or prioritizing of the types of projects and, accordingly, the eligible applicants for which a grant or loan would be awarded in the funding round initiated by the RFP;
C. application information requirements, loan conditions, and evaluation criteria that relate to the grant or loan priorities or the funding round initiated by the RFP; or
D. a requirement that applicants submit preliminary applications as described in part 9210.0820, subpart 1.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0815** Eligibility Criteria {#sec-9210.0815 omnilex-key=us-mn-regs-official--agency-167--9210.0815}
**Subpart 1. Eligible applicants.**
Eligible applicants are persons as defined in part 9210.0805, subpart 9.
**Subp. 2. Eligible grant projects.**
Eligible grant projects are projects that:
A. research, develop, and/or implement environmental assistance projects or practices in Minnesota;
B. enable persons to receive loans from financial institutions for environmental assistance projects or practices in Minnesota; or
C. reduce interest payments on loans made by financial institutions for environmental assistance projects or practices in Minnesota.
**Subp. 3. Eligible loan projects.**
Eligible loan projects are projects that research, develop, and/or implement environmental assistance projects or practices in Minnesota.
**Subp. 4. Eligible grant costs.**
Eligible grant costs are limited to the costs of researching, developing, or implementing environmental assistance projects or practices in Minnesota, or reducing the interest payable on loans under subpart 2, item C.
**Subp. 5. Eligible loan costs.**
Eligible loan costs are limited to the capital costs of researching, developing, or implementing environmental assistance projects or practices in Minnesota.
**Subp. 6. Ineligible costs.**
The following costs are ineligible for grant or loan funds:
A. costs incurred before or after the term of the grant or loan agreement, including the applicant's cost to prepare the grant or loan application; and
B. the purchase of real property.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23*
##### **Minn. R. 9210.0820** Preliminary Grant and Loan Application Procedures {#sec-9210.0820 omnilex-key=us-mn-regs-official--agency-167--9210.0820}
**Subpart 1. Contents.**
A preliminary application must include the following information:
A. the names, qualifications, and addresses of the applicant and other project participants;
B. a summary of the project;
C. anticipated project outcomes;
D. anticipated project costs; and
E. other information as established by the commissioner in the RFP required by part 9210.0810, subpart 2, item C.
**Subp. 2. Evaluating preliminary application.**
The commissioner shall evaluate each preliminary application to determine whether the project is eligible for funding. The commissioner shall further evaluate those preliminary applications that are eligible using the following criteria:
A. consistency of the project with the goals in Minnesota Statutes, sections 115A.02 and 115D.02;
B. potential of the project to accomplish the priorities in the RFP required by part 9210.0810;
C. the likelihood that the project will achieve the expected project outcomes identified in the preliminary application; and
D. for direct loans, the likelihood that no sufficient source of financing other than a direct loan by the agency can be obtained to conduct the project.
**Subp. 3. Invitation by commissioner.**
The commissioner shall invite applicants whose preliminary applications best meet the criteria in subpart 2 to submit final applications. Only invited applicants remain eligible for grants or loans. For direct loans, applicants that are not invited to submit final applications for direct loans because they do not meet the criteria in subpart 2, item D, but that best meet the other criteria in subpart 2, shall be invited to submit final applications for participation loans in lieu of direct loans.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0825** Final Grant and Loan Application Procedures {#sec-9210.0825 omnilex-key=us-mn-regs-official--agency-167--9210.0825}
**Subpart 1. Final applications.**
Eligible applicants must submit an application to the agency in the format specified by the commissioner. Applications for a participation loan must be submitted in coordination with a financial institution or provider. Applications received by the commissioner after the deadline in the RFP will not be considered for funding. Final applications must include the following information:
A. the names, addresses, and qualifications of the applicant and other project participants, and a brief summary of the organization's history;
B. a description of the opportunity, problem, issue, or need the project will address;
C. project information, including:
D. a project budget that:
E. for all loans, financial information demonstrating creditworthiness and ability to repay the loan;
F. for participation loans, a copy of the financial institution's or provider's file on the applicant's loan and a letter containing the financial institution or provider's assessment of the risks associated with the loan and the creditworthiness of the applicant;
G. evidence that affected counties, regions, or districts have been notified of the proposed projects;
H. a statement of the current status of the project;
I. a description of how the project's impacts will be quantified and evaluated, including the criteria for a successful project; and
J. additional information as established by the commissioner in the RFP required in part 9210.0810, subpart 2, item C.
**Subp. 2. Nonpublic data.**
The agency shall treat specific data in the application that meets the definition in Minnesota Statutes, section 13.37, subdivision 1, paragraph (b), or is sales information, as the data is required to be treated by Minnesota Statutes, section 115A.06, subdivision 13; however, the recipient of an environmental assistance grant or loan shall provide to the agency, for public distribution, complete and thorough reports about the results of the project in a way that does not disclose proprietary information.
**Subp. 3. Evaluating final proposal.**
In order to determine which projects should receive environmental assistance funding, the commissioner shall evaluate each application using the following criteria:
A. clarity and completeness of application;
B. qualifications of the individuals who will perform the work described in the project;
C. anticipated outcomes of the project;
D. cost-effectiveness of the proposed project;
E. for all loans, assets, and resources available to the applicant to repay the loan;
F. assets and resources available to the applicant to conduct the project;
G. project utilization of innovative technologies, methods, or techniques;
H. applicability of the proposed project and future dissemination of project results to other persons or organizations in the state;
I. consistency of the proposed project with the legislative goals and policies in Minnesota Statutes, sections 115A.02 and 115D.02; and
J. additional criteria specified in the RFP required by part 9210.0810, subpart 2, item C. The commissioner shall request additional information from the applicant during the evaluation process if needed to clarify the information provided pursuant to subpart 1.
**Subp. 4. Consultation.**
In the commissioner's evaluation of an application, the commissioner may solicit and shall consider any recommendations provided by the Pollution Control Agency, advisory councils, task forces, citizen groups, other Minnesota state agencies, or any independent consultant hired by the commissioner to assist in the review of applications.
**Subp. 5. Award.**
The commissioner shall award grants or loans to those projects that best meet the evaluation criteria in subpart 3. The commissioner shall promptly notify all applicants as to whether they have been awarded a grant or loan. Awards are contingent upon the commissioner and the grant recipient or borrower successfully entering into an agreement as specified respectively in part 9210.0845 or 9210.0850, and, if applicable, a contract and participation agreement as specified in part 9210.0855.
**Subp. 6. No awards.**
If no proposed project has sufficient potential to implement environmental assistance in Minnesota, the commissioner shall not award any grants or loans. The commissioner may then reinitiate the process for awarding either grants or loans by publishing the notice under part 9210.0810, subpart 1.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0830** Limitations {#sec-9210.0830 omnilex-key=us-mn-regs-official--agency-167--9210.0830}
**Subpart 1. Reduced awards.**
The commissioner shall ask an applicant to document the impacts of reduced financial assistance before finalizing an award for less than the eligible amount requested by an applicant or less than the maximum award established in the RFP under part 9210.0820. Reduced funds may be awarded where the commissioner determines:
A. grant or loan programs resources are insufficient to provide full assistance to all applicants to which the commissioner intends to make awards; or
B. the applicant could undertake the project at a reduced level and still achieve project objectives.
**Subp. 2. Changes in work plan or budget.**
If the work plan and/or budget are not complete, the commissioner shall request the applicant to modify them. If the applicant does not comply, the commissioner shall exclude the application from further consideration.
**Subp. 3. Limit on disbursing grant funds.**
No grant funds shall be disbursed until the commissioner has:
A. determined the total estimated cost of the project;
B. determined that the required matching funds are ensured by the recipient; and
C. executed a written grant agreement with the recipient meeting the requirements in part 9210.0845.
**Subp. 4. Limit on disbursing loan funds.**
No loan funds shall be disbursed until the commissioner has:
A. determined the total estimated cost of the project;
B. determined that the necessary financing for the project, including the required matching funds, is ensured by the borrower;
C. for a direct loan, executed a written loan agreement with the borrower meeting the requirements in part 9210.0850;
D. for a participation loan, executed a written participation agreement with the financial institution or provider meeting the requirements in part 9210.0855; and
E. for a participation loan, executed a written loan agreement with the borrower meeting the requirements of part 9210.0850.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0835** Federal Match Grants {#sec-9210.0835 omnilex-key=us-mn-regs-official--agency-167--9210.0835}
The commissioner may award grants as a match to obtain federal grants without issuing an RFP under part 9210.0810 if the following conditions are met:
A. the applicant is eligible under part 9210.0815, subpart 1;
B. the project is eligible under part 9210.0815, subpart 2;
C. a proposal is submitted to the commissioner by the applicant containing all of the elements described in part 9210.0825, subpart 1;
D. the proposed project meets the criteria in part 9210.0825, subpart 3;
E. the project is consistent with the goals in Minnesota Statutes, sections 115A.02 and 115D.02; and
F. the grant awarded under this part makes up no more than 25 percent of the total federal grant award. A match grant will not be finalized until the applicant has notified the commissioner in writing that the federal grant has been officially awarded. The notification must disclose the total dollar amount of the federal grant award and must include information verifying the existence of the federal grant award. Grant awards are contingent upon the commissioner and the grant recipient successfully entering into a grant agreement as specified in part 9210.0845.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0840** Time-Sensitive Grants {#sec-9210.0840 omnilex-key=us-mn-regs-official--agency-167--9210.0840}
**Subpart 1. Availability.**
The commissioner may award grants of less than $10,000 for time-sensitive projects. The commissioner will not issue an RFP for time-sensitive grants, but shall designate priority funding areas for which funds under this part will be available. Eligible applicants may apply for time-sensitive grant funds at any time during the year. The commissioner shall at any time provide upon request:
A. the total amount of funds budgeted for time-sensitive grants; and
B. information on specific priority areas or projects for which a grant would be awarded.
**Subp. 2. Eligibility.**
To be eligible, projects must meet the following criteria:
A. the project is time sensitive in nature such that the applicant cannot reasonably apply during the process described in parts 9210.0810, 9210.0820, and 9210.0825;
B. the applicant is eligible under part 9210.0815, subpart 1;
C. the project is eligible under part 9210.0815, subpart 2;
D. the project costs are eligible under 9210.0815, subpart 4;
E. the grant request does not exceed 75 percent of total project costs;
F. the total grant request is less than $10,000; and
G. in the previous 12 months, the applicant has not received funding under this part from the commissioner.
**Subp. 3. Application requirements.**
Eligible applicants must submit an application to the commissioner, in the format specified by the commissioner, containing the following information:
A. the names, qualifications, and addresses of the applicant and other project participants;
B. a summary of the project;
C. a project budget that:
D. a work plan that includes a list of each project activity or task, an implementation schedule with specific timelines, and persons involved;
E. a justification for the commissioner's consideration of the project as a time-sensitive project;
F. anticipated project outcomes; and
G. any additional information that the commissioner requests as necessary to clarify the application.
**Subp. 4. Submittal information.**
Information and applications for funding under this part are available at the following address: Time-Sensitive Grant Program, Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN 55155-4100.
**Subp. 5. Evaluating and approving applications.**
The commissioner shall evaluate eligible proposals using the criteria listed in part 9210.0825, subpart 3, items A to I. In addition, the commissioner will consider the time sensitivity of a proposed project in deciding if the project warrants funding outside of the process described in parts 9210.0810, 9210.0820, and 9210.0825. Grant awards are contingent upon the commissioner and the grant recipient successfully entering into a grant agreement as specified in part 9210.0845.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0845** Grant Agreement {#sec-9210.0845 omnilex-key=us-mn-regs-official--agency-167--9210.0845}
**Subpart 1. Contents.**
A grant agreement shall:
A. incorporate a work plan and budget as approved by the commissioner;
B. require that the recipient perform and complete project activities to meet anticipated project outcomes as defined in the work plan;
C. provide that any cost overruns incurred in the implementation of the proposed project shall be the sole responsibility of the recipient;
D. require that the recipient provide periodic written and/or oral reports to the commissioner on the progress and results of the project, and an executive project summary, as part of a final report submitted at the conclusion of the project, in a format specified by the commissioner;
E. authorize the commissioner to rescind the grant and require the grant recipient to repay the grant if the project has not been conducted according to terms and conditions of the grant agreement;
F. require that a percentage of funds not be paid to the recipient until the commissioner approves the recipient's final report;
G. require that the recipient maintain records of all expenditures related to the agreement for a minimum period of five years after the grant agreement is executed and give the agency access to the records upon request; and
H. establish other conditions or terms needed to manage or implement the grant agreement.
**Subp. 2. Grants of less than $1,000.**
A. Recipients of grants that are less than $1,000 are exempt from the requirement in subpart 1 to enter into a grant agreement with the agency if they prepare and submit, to the satisfaction of the commissioner, the following:
B. All recipients of grants that are less than $1,000 and who are exempt from the requirement to enter into a grant agreement pursuant to item A must:
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0850** Loan Agreement {#sec-9210.0850 omnilex-key=us-mn-regs-official--agency-167--9210.0850}
A loan agreement shall:
A. incorporate a work plan and budget as approved by the commissioner;
B. require that the borrower perform and complete project activities to meet anticipated project outcomes as defined in the work plan;
C. provide that any cost overruns incurred in the implementation of the proposed project shall be the sole responsibility of the borrower;
D. require that the borrower provide periodic written and/or oral reports to the commissioner on the progress and results of the project in a format specified by the commissioner;
E. require that the borrower maintain records of all expenditures related to the agreement for a minimum period of three years after the loan is repaid, and give the agency access to the records upon request;
F. for direct loans, identify the interest rate and repayment obligations for the borrower;
G. for direct loans, identify the procedure for disbursing loan funds to the borrower;
H. for direct loans, authorize the commissioner to determine that the borrower is in default and require that the borrower immediately repay the loan in full if the project has not been conducted according to the terms and conditions of the loan agreement;
I. for direct loans, identify the collateral which will secure the loan; and
J. establish other conditions or terms needed to manage or implement the loan agreement.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.0855** Participation Agreement {#sec-9210.0855 omnilex-key=us-mn-regs-official--agency-167--9210.0855}
**Subpart 1. Participation agreement.**
In cases where a participation loan is awarded, a participation agreement shall be signed by the financial institution or provider and the agency.
**Subp. 2. Security requirements.**
All participation loans must be secured by collateral. The financial institution or provider and the agency shall take interests in collateral acceptable to the financial institution or provider and the agency.
**Subp. 3. Loan servicing.**
The participation agreement shall also:
A. require that loan payments be made according to an amortization schedule, established by the financial institution or provider, that has first been reviewed and approved by the agency;
B. require that the financial institution or provider collect payments according to the payment schedule outlined in the promissory note and remit to the state the agency's pro rata share of a payment within 15 days of receipt or, if applicable, in accordance with Minnesota Statutes, section 16A.275. Prior to executing the participation agreement, the financial institution or provider shall negotiate with the agency the amount or percentage of interest to be retained by the financial institution or provider after collection as payment for duties performed by it under the contract; and
C. require the financial institution or provider to notify the agency within 30 days after a determination by the financial institution or provider of a default. The financial institution or provider must pursue all reasonable means to collect the defaulted loan from the borrower and must apply and exhaust the loan security as necessary to effect payment of the loan. The financial institution or provider must remit to the agency its pro rata share of any amounts collected after subtracting reasonable costs to collect upon the defaulted loan. In lieu of foreclosure, either before or after declaring a default, the financial institution or provider and the agency may agree to refinance or renegotiate the loan when doing so will enhance the possibility of recovery of the debt.
**History**
- *Statutory Authority: MS s 115A.0716*
- *History: 22 SR 23; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9210.1000** [Repealed, 22 SR 23] {#sec-9210.1000 omnilex-key=us-mn-regs-official--agency-167--9210.1000}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.1010** [Repealed, 22 SR 23] {#sec-9210.1010 omnilex-key=us-mn-regs-official--agency-167--9210.1010}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.1020** [Repealed, 22 SR 23] {#sec-9210.1020 omnilex-key=us-mn-regs-official--agency-167--9210.1020}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.1030** [Repealed, 22 SR 23] {#sec-9210.1030 omnilex-key=us-mn-regs-official--agency-167--9210.1030}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.1040** [Repealed, 22 SR 23] {#sec-9210.1040 omnilex-key=us-mn-regs-official--agency-167--9210.1040}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.1050** [Repealed, 22 SR 23] {#sec-9210.1050 omnilex-key=us-mn-regs-official--agency-167--9210.1050}
[Repealed, 22 SR 23]
##### **Minn. R. 9210.1060** [Repealed, 22 SR 23] {#sec-9210.1060 omnilex-key=us-mn-regs-official--agency-167--9210.1060}
[Repealed, 22 SR 23]
## **Chapter 9215** SOLID WASTE PLANNING; CERTIFICATE OF NEED
##### **Minn. R. 9215.0100** [Repealed, 17 SR 1405] {#sec-9215.0100 omnilex-key=us-mn-regs-official--agency-167--9215.0100}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0110** [Repealed, 17 SR 1405] {#sec-9215.0110 omnilex-key=us-mn-regs-official--agency-167--9215.0110}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0120** [Repealed, 17 SR 1405] {#sec-9215.0120 omnilex-key=us-mn-regs-official--agency-167--9215.0120}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0130** [Repealed, 17 SR 1405] {#sec-9215.0130 omnilex-key=us-mn-regs-official--agency-167--9215.0130}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0140** [Repealed, 17 SR 1405] {#sec-9215.0140 omnilex-key=us-mn-regs-official--agency-167--9215.0140}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0150** [Repealed, 17 SR 1405] {#sec-9215.0150 omnilex-key=us-mn-regs-official--agency-167--9215.0150}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0160** [Repealed, 17 SR 1405] {#sec-9215.0160 omnilex-key=us-mn-regs-official--agency-167--9215.0160}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0170** [Repealed, 17 SR 1405] {#sec-9215.0170 omnilex-key=us-mn-regs-official--agency-167--9215.0170}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0180** [Repealed, 17 SR 1405] {#sec-9215.0180 omnilex-key=us-mn-regs-official--agency-167--9215.0180}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0190** [Repealed, 17 SR 1405] {#sec-9215.0190 omnilex-key=us-mn-regs-official--agency-167--9215.0190}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0200** [Repealed, 17 SR 1405] {#sec-9215.0200 omnilex-key=us-mn-regs-official--agency-167--9215.0200}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0210** [Repealed, 17 SR 1405] {#sec-9215.0210 omnilex-key=us-mn-regs-official--agency-167--9215.0210}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0220** [Repealed, 17 SR 1405] {#sec-9215.0220 omnilex-key=us-mn-regs-official--agency-167--9215.0220}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0230** [Repealed, 17 SR 1405] {#sec-9215.0230 omnilex-key=us-mn-regs-official--agency-167--9215.0230}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0240** [Repealed, 17 SR 1405] {#sec-9215.0240 omnilex-key=us-mn-regs-official--agency-167--9215.0240}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0250** [Repealed, 17 SR 1405] {#sec-9215.0250 omnilex-key=us-mn-regs-official--agency-167--9215.0250}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0300** [Repealed, 17 SR 1405] {#sec-9215.0300 omnilex-key=us-mn-regs-official--agency-167--9215.0300}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0310** [Repealed, 17 SR 1405] {#sec-9215.0310 omnilex-key=us-mn-regs-official--agency-167--9215.0310}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0320** [Repealed, 17 SR 1405] {#sec-9215.0320 omnilex-key=us-mn-regs-official--agency-167--9215.0320}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0330** [Repealed, 17 SR 1405] {#sec-9215.0330 omnilex-key=us-mn-regs-official--agency-167--9215.0330}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0340** [Repealed, 17 SR 1405] {#sec-9215.0340 omnilex-key=us-mn-regs-official--agency-167--9215.0340}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0350** [Repealed, 17 SR 1405] {#sec-9215.0350 omnilex-key=us-mn-regs-official--agency-167--9215.0350}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0360** [Repealed, 17 SR 1405] {#sec-9215.0360 omnilex-key=us-mn-regs-official--agency-167--9215.0360}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0370** [Repealed, 17 SR 1405] {#sec-9215.0370 omnilex-key=us-mn-regs-official--agency-167--9215.0370}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0380** [Repealed, 17 SR 1405] {#sec-9215.0380 omnilex-key=us-mn-regs-official--agency-167--9215.0380}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0390** [Repealed, 17 SR 1405] {#sec-9215.0390 omnilex-key=us-mn-regs-official--agency-167--9215.0390}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0400** [Repealed, 17 SR 1405] {#sec-9215.0400 omnilex-key=us-mn-regs-official--agency-167--9215.0400}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0410** [Repealed, 17 SR 1405] {#sec-9215.0410 omnilex-key=us-mn-regs-official--agency-167--9215.0410}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0420** [Repealed, 17 SR 1405] {#sec-9215.0420 omnilex-key=us-mn-regs-official--agency-167--9215.0420}
[Repealed, 17 SR 1405]
##### **Minn. R. 9215.0500** Purpose {#sec-9215.0500 omnilex-key=us-mn-regs-official--agency-167--9215.0500}
The purpose of this chapter is to:
A. establish requirements for the preparation and implementation of solid waste management plans and plan amendments by counties and solid waste management districts and multicounty areas outside of the seven-county metropolitan area. The plans and plan amendments must be approved by the Pollution Control Agency;
B. encourage regional planning; and
C. reflect demographic, geographic, regional, and solid waste system differences that exist among the counties.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 1999 c 73 s 5; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0510** Definitions {#sec-9215.0510 omnilex-key=us-mn-regs-official--agency-167--9215.0510}
**Subpart 1. Scope.**
As used in this chapter, the terms defined in this part have the meanings given them.
**Subp. 2. Ash.**
"Ash" means the incombustible material that remains after a fuel, including solid waste, is incinerated.
**Subp. 3. Composting.**
"Composting" means the controlled microbial degradation of organic waste to yield a humus-like product.
**Subp. 3a. Construction debris.**
"Construction debris" has the meaning given under Minnesota Statutes, section 115A.03, subdivision 7.
**Subp. 4. County.**
"County" means a county board of commissioners, established outside the metropolitan area.
**Subp. 5. Demolition debris.**
"Demolition debris" means solid waste resulting from the demolition of buildings, roads, and other structures including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plastic building parts. Demolition debris does not include asbestos wastes.
**Subp. 6. Commissioner.**
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
**Subp. 7. Disposal facility.**
"Disposal facility" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 10.
**Subp. 8. District.**
"District" means the Western Lake Superior Sanitary District Board or a board established outside the metropolitan area as a solid waste management district pursuant to Minnesota Statutes, sections 115A.62 to 115A.72.
**Subp. 8a. Electronic products.**
"Electronic products" means devices containing complex circuitry, circuit boards, or signal processing capabilities for processing or displaying information. Electronic products include, but are not limited to, computer monitors, computers, televisions, photocopiers, facsimile machines, video monitors and equipment, telephones and telecommunications equipment, cordless rechargeable appliances, and audio equipment.
**Subp. 8b. Feasible.**
"Feasible" refers to an alternative that is consistent with sound engineering and environmental practices, is economically affordable, is legally possible, and has supportive governance that can be successfully put into practice to accomplish the task.
**Subp. 8c. Integrated solid waste management system.**
"Integrated solid waste management system" means a solid waste management system that is composed of some or all of the preferred solid waste management practices under Minnesota Statutes, section 115A.02.
**Subp. 9. Major appliances.**
"Major appliances" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 17a.
**Subp. 10. Metropolitan area.**
"Metropolitan area" has the meaning given it in Minnesota Statutes, section 473.121, subdivision 2.
**Subp. 11. Mixed municipal solid waste.**
"Mixed municipal solid waste" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 21.
**Subp. 11a. Motor vehicle fluids.**
"Motor vehicle fluids" means motor oil, brake fluid, power steering fluid, transmission fluid, or antifreeze.
**Subp. 11b. Multicounty area.**
"Multicounty area" means a geographical area consisting of two or more counties, all of which are outside the metropolitan area.
**Subp. 12. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 13. Person.**
"Person" has the meaning given it in Minnesota Statutes, section 116.06, subdivision 17.
**Subp. 14. Plan.**
"Plan" means a solid waste management plan prepared under this chapter.
**Subp. 15. Plan amendment.**
"Plan amendment" means a document that is submitted to the Minnesota Pollution Control Agency by a county, district, or multicounty area when required by this chapter.
**Subp. 16.**
[Repealed, 33 SR 1141]
**Subp. 16a. Prudent.**
"Prudent" refers to an alternative that is selected with care and sound judgment.
**Subp. 17. Recyclable materials.**
"Recyclable materials" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 25a.
**Subp. 18. Recycling.**
"Recycling" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 25b.
**Subp. 19. Resource recovery.**
"Resource recovery" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 27.
**Subp. 20. Solid waste.**
"Solid waste" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 31.
**Subp. 21. Solid waste management.**
"Solid waste management" means activities which are intended to affect or control the generation of solid waste and activities which provide for or control the collection, processing, and disposal of solid waste.
**Subp. 21a. Source-separated compostable materials.**
"Source-separated compostable materials" has the meaning given under Minnesota Statutes, section 115A.03, subdivision 32a.
**Subp. 21b. Source-separated organic materials.**
"Source-separated organic materials" has the same meaning as source-separated compostable materials.
**Subp. 22. Waste facility.**
"Waste facility" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 35.
**Subp. 23. Waste reduction.**
"Waste reduction" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 36a.
**Subp. 24. Yard waste.**
"Yard waste" means the garden wastes, leaves, lawn cuttings, weeds, tree and shrub waste, and prunings generated at residential, commercial, industrial, or institutional properties.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 1999 c 73 s 5; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0520** Applicability {#sec-9215.0520 omnilex-key=us-mn-regs-official--agency-167--9215.0520}
This chapter applies to all counties, districts, and multicounty areas outside of the metropolitan area.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0530** Obligations of Counties, Districts, and Multicounty Areas {#sec-9215.0530 omnilex-key=us-mn-regs-official--agency-167--9215.0530}
**Subpart 1. Implementation.**
Each county, district, or multicounty area shall maintain and implement a solid waste management plan that has been approved by the agency.
**Subp. 2. Sanctions.**
A county, district, or multicounty area that fails to gain approval and maintain and implement an approved solid waste management plan is in violation of Minnesota Statutes, section 115A.46, and this chapter.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0540** Contents of Plans and Amendments {#sec-9215.0540 omnilex-key=us-mn-regs-official--agency-167--9215.0540}
County, district, or multicounty area solid waste management plans, including amendments, when necessary, must describe solid waste management programs for a ten-year period immediately following plan approval and must contain the information required by parts 9215.0550 to 9215.0790. A plan must reflect demographic, geographic, regional, and solid waste system differences that exist among the counties.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0550** Executive Summary {#sec-9215.0550 omnilex-key=us-mn-regs-official--agency-167--9215.0550}
A plan must include an executive summary that provides an overview of the county's, district's, or multicounty area's integrated solid waste management system proposed in the plan.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0560** Background Information {#sec-9215.0560 omnilex-key=us-mn-regs-official--agency-167--9215.0560}
**Subpart 1. Scope.**
A plan must contain narrative descriptions and numeric estimates described in this part that identify demographic, geographic, and regional characteristics that exist within each county, district, or multicounty area.
**Subp. 2. Demographic, geographic, and regional information.**
The plan must include demographic, geographic, and regional information that relates to or directly impacts the generation or management of solid waste in the county, district, or multicounty area, to include:
A. current population distribution and population projections for the next ten years;
B. current and projected land use patterns;
C. current and projected employment and wages;
D. local and regional economic conditions and median household income; and
E. a summary of demographic, geographical, and regional constraints and opportunities that either have impacted or may impact the existing or proposed integrated solid waste management system.
**Subp. 3. Solid waste collection and generation.**
The plan must include the following solid waste collection and generation information:
A. an estimate of the amount of solid waste generated annually in the county;
B. an estimate of the percentages of city and rural residents with solid waste collection service;
C. an estimate of the annual percentage of solid waste disposed of on site by generators;
D. the solid waste collection and disposal rate structure, including the current range of residential collection rates, the current range of commercial/industrial collection rates, and financial incentives for waste reduction and recycling;
E. a description of the composition of the overall solid waste generated in the county, district, or multicounty area;
F. an estimate of the annual percentage of solid waste from residential and commercial/industrial waste generators; and
G. a summary of solid waste collection and generation constraints and opportunities that either have impacted or may impact the existing or proposed integrated solid waste management system.
**Subp. 4. Construction and demolition debris.**
The plan must include an estimate of the quantity of construction and demolition debris generated annually in the county, district, or multicounty area.
**Subp. 5. Major solid waste generators.**
The plan must include identification of the major commercial, industrial, and institutional solid waste generators in the county, district, or multicounty area, including estimates of the volumes and types of solid waste generated annually.
**Subp. 6. Solid waste planning history.**
The plan must describe the history of solid waste planning in the county, district, or multicounty area for the previous five years and must:
A. include a description of any current local and regional planning activities;
B. include a description of past impediments or barriers to the development of projects on a regional basis; and
C. address the resolution of conflicting, duplicative, or overlapping local solid waste management efforts.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0570** [Repealed, 33 SR 1141] {#sec-9215.0570 omnilex-key=us-mn-regs-official--agency-167--9215.0570}
[Repealed, 33 SR 1141]
##### **Minn. R. 9215.0575** Existing Integrated Solid Waste Management System {#sec-9215.0575 omnilex-key=us-mn-regs-official--agency-167--9215.0575}
**Subpart 1. Content.**
The plan must include an overview described in this part on the existing integrated solid waste management system in the county, district, or multicounty area.
**Subp. 2. Existing system.**
The county, district, or multicounty area shall describe in summary form its existing integrated solid waste management system, to include:
A. policy and goals;
B. the history of the development of the system to the present;
C. a description of existing resource recovery programs or facilities presently in use;
D. a description of land disposal facilities in use;
E. the costs associated with operating and maintaining the system; and
F. a summary of the achievements, opportunities, challenges, or problems with the existing system, including, but not limited to, market and economic conditions, availability of resource recovery programs or facilities, and the availability of local and state funding resources.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 33 SR 1141*
##### **Minn. R. 9215.0577** Proposed Integrated Solid Waste Management System {#sec-9215.0577 omnilex-key=us-mn-regs-official--agency-167--9215.0577}
**Subpart 1. Content.**
The plan or plan amendment must include information described in this part on the proposed integrated solid waste management system that will be developed and implemented in the county, district, or multicounty area. Each system shall be designed to achieve the most feasible and prudent reduction in the need for and practice of land disposal of mixed municipal solid waste.
**Subp. 2. Goals.**
The county, district, or multicounty area shall develop and describe the goals of its proposed integrated solid waste management system over the ten-year planning period. The goals shall be consistent with the policy contained in Minnesota Statutes, section 115A.02, paragraph (a).
**Subp. 3. Objectives.**
The county, district, or multicounty area shall describe the specific and quantifiable means, including policies and programs, that will be implemented to achieve the goals developed and described under subpart 2. Means or methods to be used are described in parts 9215.0580 to 9215.0700.
**Subp. 4. Landfill disposal system.**
Systems, plans, or plan amendments proposing land disposal as the primary management method must include a description of the technical, financial, demographic, geographic, regional, and solid waste system constraints or barriers that limit the county's district's, or multicounty area's ability to achieve greater independence from land disposal. The information must demonstrate that there are no solid waste system alternatives that are more feasible and prudent than the proposed land disposal system.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 33 SR 1141*
##### **Minn. R. 9215.0580** Solid Waste Reduction {#sec-9215.0580 omnilex-key=us-mn-regs-official--agency-167--9215.0580}
**Subpart 1. Content.**
The plan must include the information on solid waste reduction programs and practices in the county, district, or multicounty area described in this part.
**Subp. 2. Policies and goals.**
The plan must contain a description of the solid waste reduction policies and goals established by the county, district, or multicounty area including the annual amount or quantity of solid waste to be reduced.
**Subp. 3. Existing solid waste reduction practices.**
The plan must describe existing public and private sector solid waste reduction programs in place in the county, district, or multicounty area.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing solid waste reduction programs that the county, district, or multicounty area proposes to maintain, expand, or implement in the next ten years, including the responsible persons and annual staff time necessary to implement and manage each program.
**Subp. 5. Program budget.**
The plan must identify annual costs that will be incurred by the county, district, or multicounty area in implementing and managing solid waste reduction programs.
**Subp. 6. Schedule of implementation.**
The plan must include a schedule for the implementation of proposed solid waste reduction programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0590** Solid Waste Education {#sec-9215.0590 omnilex-key=us-mn-regs-official--agency-167--9215.0590}
**Subpart 1. Content.**
The plan must include the information regarding the solid waste education programs and practices in the county, district, or multicounty area described in this part.
**Subp. 2. Policies and goals.**
The plan must contain a description of the solid waste education policies and goals that the county, district, or multicounty area has established and must describe the promotional program that includes publishing quarterly articles pursuant to Minnesota Statutes, section 115A.552, subdivision 3, paragraph (a).
**Subp. 3. Existing solid waste education practices.**
The plan must describe existing public and private sector solid waste education programs including solid waste education providers and annual financial and staff commitment in the county, district, or multicounty area.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing solid waste education programs that the county, district, or multicounty area proposes to maintain, expand, or implement, including the responsible persons and estimated staff time necessary to implement and manage each program.
**Subp. 5. Program budget.**
The plan must include the projected annual costs incurred by the county, district, or multicounty area for implementing and managing the solid waste education program, including staff time, advertising or publicity materials, and other associated costs, and annual costs for the next ten years.
**Subp. 6. Schedule of implementation.**
The plan must include a schedule for the implementation of proposed solid waste education programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0600** Recycling {#sec-9215.0600 omnilex-key=us-mn-regs-official--agency-167--9215.0600}
**Subpart 1. Content.**
The plan must include the information on the recycling programs and practices in the county, district, or multicounty area described in this part.
**Subp. 2. Policies and goals.**
The plan must contain a description of the recycling goals and policies that the county, district, or multicounty area has established to meet or exceed the recycling goal requirements in Minnesota Statutes, section 115A.551, subdivision 2, the opportunity to recycle requirements in Minnesota Statutes, section 115A.552, and the organized collection requirements of Minnesota Statutes, section 115A.94, if a county has organized collection.
**Subp. 3. Existing recycling practices.**
The plan must:
A. describe the existing public and private sector recycling system in the county, district, or multicounty area, including collection, processing, and marketing, including the number of haulers operating in the county, district, or multicounty area and collection or processing facilities used by haulers in the county, district, or multicounty area; and
B. identify the annual recycling tonnages collected, processed, and marketed by sector or program, for the last five years, if available, the county's annual financial and staff commitment, and local market conditions for recyclable materials.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing recycling programs that the county, district, or multicounty area proposes to maintain, expand, or implement during the next ten years. The description shall include the annual recycling tonnages to be collected, processed, and marketed and the responsible persons and estimated annual staff time necessary to implement and manage each program.
**Subp. 5. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area in implementing and managing recycling programs over the next ten years, including itemized capital and operating costs such as staff time, land, buildings, equipment, redemption costs, and other associated costs.
**Subp. 6. Schedule of implementation.**
The plan must include a schedule for the implementation of proposed recycling programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0610** Yard Waste Programs {#sec-9215.0610 omnilex-key=us-mn-regs-official--agency-167--9215.0610}
**Subpart 1. Content.**
The plan must include the information on the yard waste management programs and practices in the county, district, or multicounty area described in this part.
**Subp. 2. Policies and goals.**
The plan must:
A. contain a description of the yard waste separation and composting goals and policies that the county, district, or multicounty area has established;
B. describe methods for identifying the portions of the waste stream such as leaves, grass clippings, tree and plant residue, and paper for use in agricultural practices in accordance with Minnesota Statutes, section 115A.46, subdivision 2, paragraph (d); and
C. recognize the prohibition on disposal of yard waste in the land and at resource recovery facilities in Minnesota Statutes, section 115A.931.
**Subp. 3. Existing yard waste management programs.**
The plan must describe existing public and private sector yard waste management programs in the county, district, or multicounty area. The plan must also include an estimated level of backyard composting, the yard waste collection system including licensed haulers, if any; number of county, district, and municipal composting sites; tonnages collected for the last five years, if available; the county's, district's, or multicounty area's financial and staff commitment; and local market conditions for finished yard waste compost.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing yard waste programs that the county, district, or multicounty area proposes to maintain, expand, or implement during the next ten years, including the annual yard waste tonnage to be collected, processed, and marketed and the responsible persons and estimated staff time necessary to implement and manage each program.
**Subp. 5. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area in implementing and managing yard waste programs over the next ten years, including itemized capital and operating costs.
**Subp. 6. Schedule of implementation.**
The plan must include a schedule for the implementation of proposed yard waste programs described in this part.
**Subp. 7. Environmental impacts of yard waste management.**
The plan must briefly describe any odor problems, leachate generation, or other impacts of yard waste management that have occurred in the county, district, or multicounty area.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0615** Source-Separated Organic Materials Composting {#sec-9215.0615 omnilex-key=us-mn-regs-official--agency-167--9215.0615}
**Subpart 1. Content.**
Counties, districts, or multicounty areas proposing to develop, implement, or use source-separated organic materials composting programs must include in the plan information on the source-separated organic materials composting programs that are being used or proposed to be used to manage all or a portion of the organic materials generated in the county, district, or multicounty area.
**Subp. 2. Policies and goals.**
The plan must contain a description of the county, district, or multicounty area goals and policies on source-separated organic materials composting.
**Subp. 3. Existing source-separated organic materials composting programs.**
The plan must contain a description of the existing collection system used to collect source-separated organic materials, the amount and types of source-separated organic material collected annually, the generators of the material, the location of the composting facility, the composting methods employed, the financial and staff commitment, and the finished compost marketing efforts.
**Subp. 4. Environmental and public health impacts.**
The plan must consider and evaluate known and potential environmental and public health impacts. The plan must include a proposed course of action to alleviate those impacts. For existing facilities, the results of compost testing must be used to evaluate the quality of the finished compost and propose methods to reduce contaminant levels. The plan must include a history of the results of inspections and monitoring by the appropriate state regulatory agency and an assessment of the operational safety at the facility during the past five years.
**Subp. 5. Specific programs to be developed.**
The plan must describe any new or existing source-separated organic materials composting programs that the county, district, or multicounty area proposes to maintain, expand, or implement in the next ten years, including a description of the proposed collection system used to collect source-separated organic materials, the amount and types of source-separated organic material to be collected annually, the generators of the material, the location of the proposed composting facility, the composting methods to be employed, the finished compost marketing strategy, and the responsible persons and estimated annual staff time necessary to implement and manage the programs.
**Subp. 6. Program budget.**
The plan must estimate the annual cost to be incurred by the county, district, or multicounty area in implementing and maintaining source-separated organic materials composting programs, including itemized capital, operating, and maintenance costs.
**Subp. 7. Schedule of implementation.**
The plan must include a schedule for implementation of the proposed source-separated organic materials composting programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 33 SR 1141*
##### **Minn. R. 9215.0620** Mixed Municipal Solid Waste Composting {#sec-9215.0620 omnilex-key=us-mn-regs-official--agency-167--9215.0620}
**Subpart 1. Content.**
Counties, districts, and multicounty areas proposing to develop, implement, or use mixed municipal solid waste composting must include in the plan information described in this part.
**Subp. 2. Policies and goals.**
The plan must describe the county's, district's, or multicounty area's goals and policies on mixed municipal solid waste composting.
**Subp. 3. Existing mixed municipal solid waste composting facilities.**
The plan must:
A. describe the mixed municipal solid waste composting facility or facilities where the county's, district's, or multicounty area's mixed municipal solid waste is managed; and
B. include information on facility operational history and management, removal of problem wastes, volumes managed, and compost marketing.
**Subp. 4. Environmental and public health impacts.**
The plan must consider and evaluate known and potential environmental and public health impacts and propose a course of action to alleviate those impacts. The plan must include results of compost testing, results of inspection and monitoring by the appropriate state regulatory agency, and assessment of operational safety at the facility during the past five years.
**Subp. 5. Specific programs to be developed.**
The plan must describe any new or existing mixed municipal solid waste composting facilities and programs that the county, district, or multicounty area proposes to maintain, expand, implement, or participate in during the next ten years, including the annual amount or quantity of waste to be composted and the responsible persons and estimated staff time necessary to implement and manage each program.
**Subp. 6. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area in implementing and maintaining the mixed municipal solid waste composting programs during the next ten years, including itemized capital and operating costs.
**Subp. 7. Implementation timeline.**
The plan must include a schedule for the implementation of the proposed mixed municipal solid waste composting programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0630** Solid Waste Incineration and Energy Recovery {#sec-9215.0630 omnilex-key=us-mn-regs-official--agency-167--9215.0630}
**Subpart 1. Content.**
Counties, districts, and multicounty areas proposing to develop, implement, or use solid waste incineration and energy recovery must include in the plan information described in this part.
**Subp. 2. Policies and goals.**
The plan must describe the county's, district's, or multicounty area's goals and policies on solid waste incineration and energy recovery.
**Subp. 3. Existing solid waste incineration and energy recovery facilities.**
The plan must:
A. describe the facility or facilities where the county's, district's, or multicounty area's mixed municipal solid waste is or will be managed; and
B. include information on the operational history, removal of problem wastes, facility management, volumes managed for the past five years, and energy marketing.
**Subp. 4. Environmental and public health impacts.**
The plan must consider and evaluate known and potential environmental and public health impacts and propose a course of action to alleviate those impacts. The plan must include results of ash and emissions testing, results of inspection and monitoring by the appropriate state regulatory agency, and assessment of operational safety at each facility during the past five years. The plan must include the plans and programs for reducing the toxicity and quantity of incinerator ash.
**Subp. 5. Specific programs to be developed.**
The plan must describe any new or existing energy recovery facilities and programs that the county, district, or multicounty area proposes to maintain, expand, implement, or participate in during the next ten years, including the annual amount or quantity of waste to be incinerated, energy and recyclables to be recovered, and the responsible persons and estimated staff time necessary to implement and manage each program.
**Subp. 6. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area in implementing and maintaining the energy recovery programs during the next ten years, including itemized capital and operating costs.
**Subp. 7. Implementation timeline.**
The plan must include a schedule for the implementation of the proposed energy recovery programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0640** Land Disposal of Mixed Municipal Solid Waste {#sec-9215.0640 omnilex-key=us-mn-regs-official--agency-167--9215.0640}
**Subpart 1. Content.**
Counties, districts, and multicounty areas proposing to develop, implement, or use land disposal facilities must include in the plan information on land disposal facilities described in this part.
**Subp. 2. Policies and goals.**
The plan must describe the county's, district's, or multicounty area's goals and policies on land disposal.
**Subp. 3. Existing land disposal facilities.**
The plan must:
A. identify and discuss the status of closed landfills within the county, district, or multicounty area and whether the county, district, or multicounty area is implementing any programs for mitigating the environmental effects of past disposal practices;
B. describe the land disposal facility or facilities where the county's, district's, or multicounty area's mixed municipal solid waste is managed;
C. include a table indicating the amount received, processed, and disposed during the previous five years; and
D. include information on the operational history, removal of problem wastes, and facility management.
**Subp. 4. Environmental and public health impacts.**
The plan must evaluate known and potential environmental and public health impacts of operating and proposed disposal facilities and propose a course of action to alleviate those impacts. The plan must include information summarizing the results of recent inspections by the appropriate state agency, report on the results of ground and surface water monitoring at the facilities, and assess operational safety at each facility during the past five years.
**Subp. 5. Specific programs to be developed.**
The plan must describe any new or existing land disposal facilities and programs that the county, district, or multicounty area proposes to maintain, expand, implement, or participate in during the next ten years, including:
A. the annual amount or quantity of waste to be landfilled;
B. the responsible persons and estimated staff time necessary to implement and manage each program; and
C. the following information about mixed municipal solid waste land disposal programs and practices in the county, district, or multicounty area:
**Subp. 6. Program budget.**
The plan must estimate the annual costs that will be incurred by the county, district, or multicounty area in implementing and managing the land disposal programs during the next ten years, including itemized capital and operating costs.
**Subp. 7. Schedule of implementation.**
The plan must include a schedule for the implementation of the proposed land disposal programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0650** Waste Tire Disposal and Recovery {#sec-9215.0650 omnilex-key=us-mn-regs-official--agency-167--9215.0650}
**Subpart 1. Content.**
The plan must include the information in this part on waste tire recovery programs and practices in the county, district, or multicounty area.
**Subp. 2. Policies and goals.**
The plan must contain a description of the waste tire disposal goals and policies that the county, district, or multicounty area has established that comply with Minnesota Statutes, section 115A.914, subdivision 3.
**Subp. 3. Existing waste tire practices.**
The plan must describe existing public and private sector waste tire disposal programs and practices in place throughout the county, district, or multicounty area. The description must include the waste tire management system including permitted storage and processing facilities, location of known unpermitted tire dumps, transportation and disposal system used by local collectors, annual amount or quantity of waste tires recovered, current end uses of the waste tires, and status of any county solid waste ordinance relative to waste tire management.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing waste tire programs that the county, district, or multicounty area proposes to maintain, expand, or implement during the next ten years, including the annual amount or quantity of waste tires to be recovered and the responsible persons and estimated staff time necessary to implement and manage each program.
**Subp. 5. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area in implementing or maintaining the waste tire programs during the next ten years, including itemized capital and operating costs.
**Subp. 6. Schedule of implementation.**
The plan must include a schedule for the implementation of the proposed waste tire programs.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0655** Electronic Products {#sec-9215.0655 omnilex-key=us-mn-regs-official--agency-167--9215.0655}
**Subpart 1. Content.**
The plan must include the information described in this part on electronic products management programs and practices in the county, district, or multicounty area.
**Subp. 2. Policies and goals.**
The plan must contain a description of the electronic products management goals and policies that the county, district, or multicounty area has established to comply with Minnesota Statutes, section 115A.9565.
**Subp. 3. Existing electronic products management practices.**
The plan must describe the existing public and private sector electronic products management programs in the county, district, or multicounty area. The description must indicate the process used by the county, district, or multicounty area to comply with applicable state, federal, and local regulations for disposal of used electronic products and capture of hazardous waste contained in the products. The description must also include the annual amount or quantity of electronic products recovered; public education efforts; and collection options for processing, recycling, and disposal.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing electronic products management programs that the county, district, or multicounty area proposes to maintain, expand, or implement during the next ten years, including the annual amount or quantity of electronic products recovered; public education efforts; collection options for processing, recycling, and disposal; and the responsible persons and estimated staff time necessary to implement and manage each program.
**Subp. 5. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area in implementing or managing the electronic products management programs for the next ten years, including itemized capital and operating costs.
**Subp. 6. Schedule of implementation.**
The plan must include a time schedule for implementation of the proposed electronic products management programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 33 SR 1141*
##### **Minn. R. 9215.0660** Major Appliance Management {#sec-9215.0660 omnilex-key=us-mn-regs-official--agency-167--9215.0660}
**Subpart 1. Content.**
The plan must include the information described in this part on major appliance management programs and practices in the county, district, or multicounty area.
**Subp. 2. Policies and goals.**
The plan must contain a description of the major appliance management goals and policies that the county, district, or multicounty area has established that comply with Minnesota Statutes, sections 115A.552, subdivision 1, and 115A.9561.
**Subp. 3. Existing appliance management practices.**
The plan must describe the existing public and private sector major appliance management programs in the county, district, or multicounty area. The description must indicate the process used by the county, district, or multicounty area to comply with applicable state, federal, and local regulations for disposal of used appliances and capture of hazardous wastes contained in the appliances. The description must also include the annual amount or quantity of major appliances recovered.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing major appliance management programs that the county, district, or multicounty area proposes to maintain, expand, or implement during the next ten years, including the annual amount or quantity of major appliances to be recovered and the responsible persons, estimated staff time, and education campaigns necessary to implement and manage each program.
**Subp. 5. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area in implementing or managing the major appliance management programs for the next ten years, including itemized capital and operating costs.
**Subp. 6. Schedule of implementation.**
The plan must include a time schedule for the implementation of the proposed major appliance management programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0670** Automotive Mercury Switches, Motor Vehicle Fluids and Filters, and Lead-Acid and Dry Cell Batteries Management {#sec-9215.0670 omnilex-key=us-mn-regs-official--agency-167--9215.0670}
**Subpart 1. Content.**
The plan must include the information described in this part on automotive mercury switches, motor vehicle fluids and filters, and lead-acid and dry cell battery management programs and practices in the county, district, or multicounty area.
**Subp. 2. Policies and goals.**
The plan must contain a description of the automotive mercury switch, motor vehicle fluids and filters, and lead-acid and dry cell battery management goals and policies that the county, district, or multicounty area has established that comply with Minnesota Statutes, sections 115A.915, 115A.9155, and 115A.916.
**Subp. 3. Existing automotive mercury switch, motor vehicle fluids and filters, and lead-acid and dry cell battery programs and practices.**
The plan must describe the existing public and private sector automotive mercury switch, motor vehicle fluids and filters, and lead-acid and dry cell battery management programs and practices in the county, district, or multicounty area, including the amount or quantity of materials recovered by type, public education, collection options, processing, recycling, and disposal.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing automotive mercury switch, motor vehicle fluids and filters, and lead-acid and dry cell battery programs that the county, district, or multicounty area proposes to maintain, expand, or implement during the next ten years, including the amount or quantity of materials to be recovered by type and the responsible persons and estimated staff time necessary to implement and manage each program.
**Subp. 5. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area in implementing and maintaining the automotive mercury switch, motor vehicle fluids and filters, and lead-acid and dry cell battery management programs during the next ten years, including itemized capital and operating costs.
**Subp. 6. Schedule of implementation.**
The plan must include a schedule for the implementation of the proposed automotive mercury switch, motor vehicle fluids and filters, and lead-acid and dry cell battery management programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0680** Household Hazardous Waste Management {#sec-9215.0680 omnilex-key=us-mn-regs-official--agency-167--9215.0680}
**Subpart 1. Content.**
The plan must include the information described in this part on the household hazardous waste management programs and practices in the county, district, or multicounty area.
**Subp. 2. Policies and goals.**
The plan must contain a description of the household hazardous waste goals and policies established by the county, district, or multicounty area that comply with the requirements in Minnesota Statutes, section 115A.96, subdivision 6.
**Subp. 3. Existing programs and practices.**
The plan must describe existing household hazardous waste management programs including collection, separation from mixed municipal solid waste, the amount or quantity of materials recovered, and education and promotion to reduce the use of household hazardous waste.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing household hazardous waste programs that the county, district, or multicounty area proposes to maintain, expand, or implement during the next ten years, including the amount or quantity of materials to be recovered and the responsible persons and estimated staff time necessary to develop and manage each program. These programs must include a broad-based public education component, a strategy for reduction of household hazardous waste, and a strategy for separation of household hazardous waste from mixed municipal solid waste and the collection, storage, and proper management of that waste.
**Subp. 5. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area in implementing and maintaining the household hazardous waste management programs during the next ten years, including itemized capital and operating costs.
**Subp. 6. Schedule of implementation.**
The plan must include a schedule for the implementation of the proposed household hazardous waste management programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0690** Construction and Demolition Debris {#sec-9215.0690 omnilex-key=us-mn-regs-official--agency-167--9215.0690}
**Subpart 1. Content.**
The plan must include the information described in this part on construction and demolition debris management programs and practices in the county, district, or multicounty area.
**Subp. 2. Policies and goals.**
The plan must contain a description of the construction and demolition debris management goals and policies that the county, district, or multicounty area has established.
**Subp. 3. Existing construction and demolition debris practices.**
The plan must describe existing construction and demolition debris practices and programs, including the amount or quantity of materials recovered and disposed of and private and public sector Pollution Control Agency permitted facilities.
**Subp. 4. Specific programs to be developed.**
The plan must describe any new or existing construction and demolition debris programs that the county, district, or multicounty area proposes to maintain, expand, or implement during the next ten years, including the amount or quantity of materials to be recovered and disposed of and the responsible persons and estimated staff time necessary to implement and manage each program.
**Subp. 5. Program budget.**
The plan must estimate the annual costs to be incurred by the county, district, or multicounty area for construction and demolition debris programs for the next ten years, including itemized capital and operating costs.
**Subp. 6. Schedule of implementation.**
The plan must include a schedule for the implementation of the proposed construction and demolition debris programs described in this part.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0700** Solid Waste Ordinance {#sec-9215.0700 omnilex-key=us-mn-regs-official--agency-167--9215.0700}
**Subpart 1. Content.**
The plan must include the information described in this part on the solid waste management ordinance in the county, district, or multicounty area.
**Subp. 2. Status of solid waste ordinance.**
The plan must describe the status of the county's, district's, or multicounty area's solid waste ordinance. The plan must list any problems with implementing or enforcing the current ordinance. The plan must include a copy of the county, district, or multicounty area solid waste ordinance as an appendix item in the plan.
**Subp. 3. Ordinance amendments.**
The plan must describe any planned amendments to the county, district, or multicounty area solid waste ordinance. The description must include the responsible persons and estimated staff time necessary annually to monitor or enforce the ordinance.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0710** Solid Waste Staff {#sec-9215.0710 omnilex-key=us-mn-regs-official--agency-167--9215.0710}
**Subpart 1. Content.**
The plan must include the information described in this part regarding the county, district, or multicounty area solid waste staff.
**Subp. 2. Existing county, district, or multicounty area solid waste staff.**
The plan must describe existing levels of staffing for solid waste programs in place throughout the county, district, or multicounty area.
**Subp. 3. Future staffing needs.**
The plan must include estimates of staffing needed to implement the programs described in the plan.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0720** Solid Waste Program Funding {#sec-9215.0720 omnilex-key=us-mn-regs-official--agency-167--9215.0720}
**Subpart 1. Content.**
The plan must include the information described in this part regarding the county, district, or multicounty area solid waste program funding.
**Subp. 2. Policies and goals.**
The plan must contain a description of the future solid waste program funding goals and policies that the county, district, or multicounty area has established.
**Subp. 3. Existing solid waste funding practices.**
The plan must include a description of the county's, district's, or multicounty area's existing solid waste management financing mechanisms. The plan must indicate the current year and future projected amounts and sources of funding for solid waste programs including:
A. tipping fees at solid waste transfer, processing, and disposal facilities; and
B. governmental subsidies of waste management.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0730** Plan Review and Ten-Year Plan {#sec-9215.0730 omnilex-key=us-mn-regs-official--agency-167--9215.0730}
The plan must contain a description of the process and timelines for developing the county's, district's, or multicounty area's ten-year plan.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0740** Goal-Volume Table {#sec-9215.0740 omnilex-key=us-mn-regs-official--agency-167--9215.0740}
The plan must include a numeric presentation of the county's, district's, or multicounty area's goals and the volumes of solid waste to be managed for a ten-year period immediately following plan approval. It must include the recycling goal as required in Minnesota Statutes, section 115A.551; an estimate of land disposal capacity needed for the ten-year period in acre feet, tons, and cubic yards; and an estimate of remaining capacity at land disposal facilities that will be used. The table must be in a format approved by the commissioner.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0750** Itemized Solid Waste Budget {#sec-9215.0750 omnilex-key=us-mn-regs-official--agency-167--9215.0750}
The plan must include a projected ten-year county, district, or multicounty area solid waste budget. The budget must include itemized capital and operating costs for each major solid waste program and the annual cost per ton and cost per household. The budget must be in a format approved by the commissioner. A narrative discussion of the financial assumptions used in development of the budget shall be included.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0760** Alternatives to Proposed System {#sec-9215.0760 omnilex-key=us-mn-regs-official--agency-167--9215.0760}
The plan must include a description of the process that the county, district, or multicounty area will use to evaluate, identify, and implement alternatives to the proposed system if the system described in parts 9215.0580 to 9215.0700 is not developed or has major operational difficulties.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0770** Environmental and Public Health Impacts {#sec-9215.0770 omnilex-key=us-mn-regs-official--agency-167--9215.0770}
**Subpart 1. Content.**
In addition to the discussion of environmental and public health impacts required in parts 9215.0610 to 9215.0640, the plan must address the county's, district's, or multicounty area's plans and programs for mitigating the environmental and public health impacts associated with each item identified.
**Subp. 2. On-site disposal.**
The plan must describe plans and programs for mitigating impacts to land, air, surface water, and groundwater and avoiding nuisance conditions from the on-site disposal of mixed municipal solid waste at farms or households.
**Subp. 3. Illegal disposal.**
The plan must describe plans and programs for mitigating impacts to land, air, surface water, and groundwater from the practice of illegal disposal.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0780** Solid Waste Facility Siting Program {#sec-9215.0780 omnilex-key=us-mn-regs-official--agency-167--9215.0780}
Plans that indicate the development of new or expanded waste facilities must contain a detailed siting procedure and development program to ensure the orderly location, permitting, development, and financing of new or expanded solid waste facilities and services sufficient for the ten-year planning period. The procedure and program must be consistent with applicable rules of the agency, the Department of Natural Resources, the Environmental Quality Board, and other state agencies. The procedure and program must include siting criteria and a program for public participation.
**History**
- *Statutory Authority: MS s 115A.06*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9215.0790** Public Participation {#sec-9215.0790 omnilex-key=us-mn-regs-official--agency-167--9215.0790}
**Subpart 1. Documentation.**
The plan must explain the methods for documenting public participation during the development and implementation of the solid waste management plan. The plan must include the location of where documentation of public input by interested parties including citizens, public advisory committees, regional authorities, adjacent counties or districts, local units of government, and waste service companies conducting business within the county, district, or multicounty area is kept.
**Subp. 2. Ongoing public input.**
The county, district, or multicounty area shall describe a process to ensure the ongoing involvement of and consultation with persons who are concerned with solid waste management including those listed in subpart 1.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0800** Multicounty Planning {#sec-9215.0800 omnilex-key=us-mn-regs-official--agency-167--9215.0800}
Multicounty plans prepared by two or more counties are encouraged. A joint plan or plan amendment may be submitted by a multicounty area. It must:
A. indicate how each county, district, or multicounty area in the region will comply with the county or district goals or responsibilities prescribed in statute or rule;
B. be adopted by each participating county, district, or multicounty area; and
C. delineate the responsibility of each county, district, or multicounty area with respect to implementation of the joint plan or plan amendment.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; 33 SR 1141*
##### **Minn. R. 9215.0810** [Repealed, 33 SR 1141] {#sec-9215.0810 omnilex-key=us-mn-regs-official--agency-167--9215.0810}
[Repealed, 33 SR 1141]
##### **Minn. R. 9215.0820** Submittal of Plans and Plan Amendments for Approval {#sec-9215.0820 omnilex-key=us-mn-regs-official--agency-167--9215.0820}
**Subpart 1. Plan.**
A county, district, or multicounty area seeking approval of a solid waste management plan shall submit its draft plan to the commissioner. The draft plan must contain the information required in parts 9215.0540 to 9215.0790. The county, district, or multicounty area shall also provide:
A. an evaluation of the progress that has been made since approval of the plan to achieve the goals and policies of the programs proposed in the existing plan;
B. a discussion of the problems that have been encountered by the county, district, or multicounty area in implementing the existing plan and the solutions established;
C. a discussion of the changes in the draft plan from the existing plan; and
D. information required by new statutes or rules that have been adopted since the existing plan was approved.
**Subp. 2.**
[Repealed, 33 SR 1141]
**Subp. 3. Plan amendment.**
A county, district, or multicounty area seeking approval of a plan amendment shall submit the amendment to the commissioner. The county, district, or multicounty area shall include the following information in its amendment:
A. the reasons for the proposed plan amendment;
B. the benefits of the changes proposed in the plan amendment, including: the purposes achieved by the conservation and recovery of resources and the furtherance of any regional waste management programs;
C. the consistency of the amendment with the policies and purposes expressed in Minnesota Statutes, section 115A.02;
D. updated goals and a revised goal-volume table as required in part 9215.0740;
E. an updated itemized solid waste budget for the county, district, or multicounty area as required in part 9215.0750;
F. updated implementation information relevant to the changes proposed by the county, district, or multicounty area as required in parts 9215.0575 to 9215.0800;
G. updated information on environmental and public health impacts as required in part 9215.0770 and updated waste facility siting information as required by part 9215.0780 if new information relating to planned activities has been developed since approval of the plan or plan amendment; and
H. for amendments that would result in an increase in the previously certified need for land disposal, documentation that the revised system is now the most feasible and prudent for the county, district, or multicounty area.
**Subp. 4. Format.**
A county, district, or multicounty area submitting a plan or plan amendment to the commissioner for approval shall submit two copies of the plan and accompanying information. The plan must be single-spaced and printed on both sides. An electronic copy of the plan in a format approved by the commissioner may also be submitted with the paper copy.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0830** Timing of Submittal {#sec-9215.0830 omnilex-key=us-mn-regs-official--agency-167--9215.0830}
**Subpart 1.**
[Repealed, 33 SR 1141]
**Subp. 2. Submittal of plan.**
Each county, district, or multicounty area shall submit a plan to the agency when six months remain on the approval of the latest plan.
**Subp. 3. Submittal of plan amendment.**
Each county, district, or multicounty area shall submit a plan amendment according to items A to C.
A. Each county, district, or multicounty area shall submit an amendment to the approved plan when the county, district, or multicounty area is proposing to make substantial changes in its solid waste management system from what was contained in the approved plan.
B. If the commissioner determines that an amendment to the plan is required due to substantial changes in solid waste management in the county, district, or multicounty area, including, but not limited to, an increase in the amount of waste needing land disposal, the commissioner shall notify the county, district, or multicounty area in writing of the need to amend its plan. The county, district, or multicounty area shall have six months from the receipt of notice to submit an amendment to the commissioner.
C. If changes in statute or rule require plans to be amended on a schedule other than indicated in plan approval, the county, district, or multicounty area shall submit a plan amendment in accordance with statutory and rule requirements.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0840** Review by Pollution Control Agency {#sec-9215.0840 omnilex-key=us-mn-regs-official--agency-167--9215.0840}
**Subpart 1. Preliminary review.**
On receipt of a draft plan or plan amendment, the commissioner shall review the draft and notify the county, district, or multicounty area of any part of the submittal that requires redrafting and resubmittal. The agency shall complete its review of the draft plan or plan amendment within 45 days of receipt.
**Subp. 2. Supplemental information.**
If advised by the agency that a redraft and resubmittal are necessary, the county, district, or multicounty area shall submit its redraft to the commissioner within 90 days of the commissioner's request for a redraft. The redraft shall be reviewed according to the procedures in subpart 1.
**Subp. 3. Preliminary decision to approve plan.**
The commissioner shall make a preliminary decision to approve a plan or plan amendment within 90 days of the county's, district's, or multicounty area's submittal of a draft and all additional information required by the commissioner. When the commissioner makes a preliminary decision to approve a plan or plan amendment, the commissioner shall provide public notice of the preliminary decision and an opportunity for public comment in accordance with parts 9215.0850 and 9215.0860.
**Subp. 4. Preliminary decision to disapprove plan.**
If the county, district, or multicounty area does not resubmit a redraft and other additional information in response to a request by the commissioner for the information, the commissioner shall notify the county, district, or multicounty area that the commissioner intends to disapprove the plan or plan amendment.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 1999 c 73 s 5; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0850** Public Notice and Public Comment {#sec-9215.0850 omnilex-key=us-mn-regs-official--agency-167--9215.0850}
**Subpart 1. Public notice.**
The commissioner shall prepare and issue a public notice of the commissioner's preliminary decision to approve a plan or plan amendment. The public notice must include, at a minimum:
A. the business address and telephone number of the county, district, or multicounty area, the address and telephone number of the agency, and a statement that additional information may be obtained at these offices;
B. a brief description of the solid waste management plan or plan amendment, the duration of the approval, and any conditions of the approval;
C. a brief description of the procedures the commissioner will use to reach a final decision on approval of the plan or plan amendment, including procedures for requesting that the commissioner hold a public informational meeting; and
D. a statement that during the public comment period a person may submit comments to the agency on the plan or plan amendment, a statement of the dates on which the public comment period begins and ends, and a statement of the information a person is required to include in the comments.
**Subp. 2. Distribution of public notice.**
The commissioner shall distribute the public notice by:
A. making a copy of the public notice available at the agency;
B. mailing a copy of the public notice to the chair of the county, district, or multicounty area whose plan is subject to approval; and
C. by posting the notice in a building or buildings used by the general public in the county, district, or multicounty area whose plan or plan amendment is subject to approval, and by placing an advertisement containing the information required in subpart 1 in one or more newspapers of general circulation in the county, district, or multicounty area.
**Subp. 3. Public comments.**
The public shall have a minimum of 30 days to comment on the commissioner's preliminary decision to approve a plan or plan amendment. All comments shall be submitted in writing. Comments must include the following:
A. a statement of the person's interest in the plan or plan amendment;
B. a statement of the action the person wishes the commissioner to take, including specific references to the plan or plan amendment that the person believes should be changed; and
C. the reasons for the person's position, stated with sufficient specificity to allow the commissioner to assess the merits of the person's statements.
**Subp. 4. Extension of comment period.**
The commissioner may extend the public comment period if the commissioner finds an extension of time is necessary to facilitate additional public comment.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0860** Public Informational Meeting {#sec-9215.0860 omnilex-key=us-mn-regs-official--agency-167--9215.0860}
**Subpart 1. Request.**
A person may request the commissioner to hold a public informational meeting on a plan or plan amendment. A person requesting a public informational meeting shall submit the following information as part of the request:
A. a statement why a public informational meeting is necessary;
B. the issues the commissioner should address at the public informational meeting; and
C. a proposed time and place for the public informational meeting.
**Subp. 2. Decision to hold public informational meeting.**
If the commissioner determines that a public informational meeting would help clarify and resolve issues regarding the plan or plan amendment, the commissioner shall hold a public informational meeting. The commissioner may decide to hold a public informational meeting without receiving a request from the public.
**Subp. 3. Location of meeting.**
The commissioner must hold the public informational meeting in the geographical area of the county, district, or multicounty area included in the plan or plan amendment.
**Subp. 4. Notice of public informational meeting.**
The commissioner shall prepare a notice of the public informational meeting. The notice must contain a reference to the public notice of the preliminary approval of the plan or plan amendment, including the dates of issuance of the public notice; the date, time, and location of the public informational meeting; a concise description of the manner in which the public informational meeting will be conducted; and the issues to be discussed.
**Subp. 5. Distribution of notice.**
The commissioner shall publish the notice in a newspaper of general circulation in the geographical area of the plan or plan amendment, and shall mail a copy of the notice to the county, district, or multicounty area and all other persons determined by the commissioner to have an interest in the plan or plan amendment.
**Subp. 6. Joint meeting.**
If the commissioner determines that no person would be adversely affected by consolidating two or more plans or plan amendments into one public informational meeting, the commissioner may elect to do so.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0870** Final Decision {#sec-9215.0870 omnilex-key=us-mn-regs-official--agency-167--9215.0870}
**Subpart 1. Record.**
The commissioner shall consider all information submitted by the county, district, or multicounty area in seeking approval of its plan or plan amendment, all information received from the public during the public comment period, and all information submitted during the public informational meeting if one was held in making a final decision on the plan or plan amendment.
**Subp. 2. Notification.**
The commissioner shall notify the county, district, or multicounty area and all persons who submitted public comments or participated in a public informational meeting of the final decision on the plan or plan amendment.
**Subp. 3. Approval of plan.**
The commissioner shall approve those plans and plan amendments that meet the requirements of parts 9215.0540 to 9215.0790. The commissioner's approval shall remain in effect for ten years unless the commissioner determines that a shorter period of time is required to ensure that the county, district, or multicounty area implements the plan.
**Subp. 4. Approval of amendment.**
The approval of a plan amendment shall not change the due date of the county's, district's, or multicounty area's next plan unless the commissioner determines in the decision approving the amendment that the amendment eliminates the need to submit the next plan. If so, the commissioner shall determine when the next plan will be required.
**Subp. 5. Resolution.**
Before final approval of the plan or plan amendment, the commissioner shall request the county, district, or multicounty area to submit a certified copy of a resolution, passed by the county, district, or multicounty area, that approves the plan or plan amendment as the county's, district's, or multicounty area's solid waste management plan. No approval by the commissioner of a plan or plan amendment shall be final until a resolution is received by the agency.
**Subp. 6. Submittal of final plan.**
On final approval of a plan or plan amendment, the county, district, or multicounty area shall submit two copies of the final plan to the commissioner. The plan must be single-spaced and must be printed on both sides of the page. An electronic copy of the plan or plan amendment in a format approved by the commissioner may also be submitted with the paper copy.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0880** Revocation of Approval {#sec-9215.0880 omnilex-key=us-mn-regs-official--agency-167--9215.0880}
**Subpart 1. Failure to implement.**
The commissioner shall require the county, district, or multicounty area to amend its plan pursuant to part 9215.0820, subpart 3, if the commissioner determines that a county, district, or multicounty area has failed to implement substantial programs contained in the plan as approved.
**Subp. 2. Failure to amend.**
The commissioner shall revoke the approval of a plan if the commissioner determines that a county, district, or multicounty area has failed to submit a plan amendment within six months of being notified by the commissioner that an amendment is required.
**History**
- *Statutory Authority: MS s 115A.06; 115A.42; 115A.45; 115A.46; 116.07*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161; 33 SR 1141*
##### **Minn. R. 9215.0890** Certificate of Need {#sec-9215.0890 omnilex-key=us-mn-regs-official--agency-167--9215.0890}
**Subpart 1. Scope.**
Applicants for permits for existing or proposed disposal facilities located outside of the metropolitan area cannot be issued a permit for new capacity for disposal of unprocessed mixed municipal solid waste without a certificate of need issued by the agency. No state or local government body shall issue a permit for disposal of unprocessed mixed municipal solid waste until a certificate of need is issued by the agency.
**Subp. 2. Timing.**
The agency shall review requests for a certificate of need submitted by an applicant of a proposed or existing disposal facility. The request must be submitted before a preliminary permit application is submitted to the agency. The agency shall review the request for a certificate of need within 90 days of submittal of a completed request.
**History**
- *Statutory Authority: MS s 115A.06*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9215.0900** Content of Certificate of Need Request {#sec-9215.0900 omnilex-key=us-mn-regs-official--agency-167--9215.0900}
**Subpart 1. Scope.**
The certificate of need request shall contain the information described in this part.
**Subp. 2. Annual solid waste estimates.**
The request shall include estimates of the amount and type of solid waste to be managed annually at the facility during its design life.
**Subp. 3. Origin of waste.**
The request shall include identification of the origin of the solid waste including estimates of the amount of solid waste to be received annually from each county or district of origin. Information about quantities of solid waste from counties or districts outside the metropolitan area shall be based on information in approved county solid waste management plans. Information about quantities of solid waste from counties or districts within the metropolitan area shall be based on information in approved county or district solid waste master plans. If an approved county or district solid waste management plan or master plan does not state that solid waste from a county or district will be managed at the proposed facility, the request shall include a letter from the county or district board of the county or district generating the solid waste indicating that in the county's or district's best estimate the amount of solid waste in question is available for management at the proposed facility. The letter must be consistent with the approved plan and the plan amendment requirements of part 9215.0810.
**Subp. 4. Alternatives.**
The request shall include an analysis of alternatives to the new or expanded disposal capacity if the new capacity has not been included in the approved county solid waste management plan or county master plan.
**Subp. 5. Estimate errors.**
If the amount of new capacity needed is greater than the amount identified in the approved plan due to erroneous assumptions concerning the amount of solid waste generated, the application must document the basis for calculating the amount of capacity needed in lieu of an analysis of alternatives.
**History**
- *Statutory Authority: MS s 115A.06*
- *History: 17 SR 1405*
##### **Minn. R. 9215.0910** Public Informational Meeting on Certificate of Need Request {#sec-9215.0910 omnilex-key=us-mn-regs-official--agency-167--9215.0910}
The agency may hold a public informational meeting on its preliminary determination to approve or deny the request for a certificate of need if the commissioner determines that a public informational meeting would help to clarify and resolve issues regarding the certificate of need request.
**History**
- *Statutory Authority: MS s 115A.06*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9215.0920** Approval of Certificate of Need {#sec-9215.0920 omnilex-key=us-mn-regs-official--agency-167--9215.0920}
The agency shall issue a certificate of need to the owner or operator of a proposed or existing disposal facility outside of the metropolitan area if the agency determines that the additional disposal capacity is needed.
**History**
- *Statutory Authority: MS s 115A.06*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9215.0930** Final Decision {#sec-9215.0930 omnilex-key=us-mn-regs-official--agency-167--9215.0930}
The agency shall make a final decision on a request for a certificate of need within 90 days after determining that a request is complete or after holding a public informational meeting.
**History**
- *Statutory Authority: MS s 115A.06*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9215.0940** Revocation of Certificates of Need {#sec-9215.0940 omnilex-key=us-mn-regs-official--agency-167--9215.0940}
The agency shall revoke or revoke and reissue the certificate of need if the commissioner determines that the information contained in the certificate of need is no longer accurate or that the owner or operator of the disposal facility has not fulfilled all applicable state and federal requirements.
**History**
- *Statutory Authority: MS s 115A.06*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161*
##### **Minn. R. 9215.0950** Review and Expiration of Existing Certificates of Need {#sec-9215.0950 omnilex-key=us-mn-regs-official--agency-167--9215.0950}
Certificates of need issued prior to December 14, 1992, will be considered to be documentation of the land disposal needs of the county or district and will expire at the time of the county's or district's next plan update. The commissioner shall reissue a certificate of need if the commissioner determines that the certificate of need is required based on the provisions of parts 9215.0890 to 9215.0930.
**History**
- *Statutory Authority: MS s 115A.06*
- *History: 17 SR 1405; L 2005 1Sp1 art 2 s 161*
## **Chapter 9220** WASTE TIRE PROGRAMS
##### **Minn. R. 9220.0100** Scope {#sec-9220.0100 omnilex-key=us-mn-regs-official--agency-167--9220.0100}
Parts 9220.0100 to 9220.0180 establish the procedures that the agency shall follow in moving to abate tire dumps, the procedures that a responsible tire collector shall follow in abating a tire dump pursuant to agency request, and the technical standards that a responsible tire collector must meet during the abatement process.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 11 SR 1113; 12 SR 2426; L 1999 c 73 s 5*
##### **Minn. R. 9220.0110** Definitions {#sec-9220.0110 omnilex-key=us-mn-regs-official--agency-167--9220.0110}
**Subpart 1. Applicability.**
For the purposes of parts 9220.0100 to 9220.0180, the terms in subparts 2 to 22 have the meanings given them.
**Subp. 2. Abate or abatement.**
"Abate" or "abatement" means processing and removing waste tires in a manner accepted by the agency.
**Subp. 3. Abatement increment.**
"Abatement increment" means period of time, not greater than six months and not less than one month, as specified in an abatement plan, during which a specified number of waste tires will be removed from the tire dump and processed.
**Subp. 4. Agency.**
"Agency" means the Pollution Control Agency.
**Subp. 5. Commissioner.**
"Commissioner" means the commissioner of the Pollution Control Agency.
**Subp. 6. Flood plain.**
"Flood plain" means any land area that is subject to a one percent or greater chance of flooding in any given year from any source.
**Subp. 7. Operator.**
"Operator" means the person responsible for the overall operation of the tire dump. A tire dump operator is a tire collector as defined in Minnesota Statutes, section 115A.90, subdivision 8.
**Subp. 7a. Oversize waste tires.**
"Oversize waste tires" means a waste tire exceeding a 35-inch outside diameter, or a 14-inch width.
**Subp. 8. Owner.**
"Owner" means a person who owns, in whole or in part, the waste tires located in a tire dump, or the land on which the tire dump is located. As used in parts 9220.0100 to 9220.0180, "owner" includes one who holds an interest in the property on which the tire dump is located, as in the case of a lessee. An owner is a tire collector as defined in Minnesota Statutes, section 115A.90, subdivision 8.
**Subp. 9. Person.**
"Person" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 5.
**Subp. 10. Processing.**
"Processing" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 6.
**Subp. 11. Ravine.**
"Ravine" means a deep, narrow cleft or gorge in the earth's surface. A ravine cannot be smoothed out by ordinary tillage.
**Subp. 12. Residuals from processing.**
"Residuals from processing" means the unusable material resulting from any chemical or physical processing of waste tires.
**Subp. 13. Responsible tire collector.**
"Responsible tire collector" means a person who is the recipient of the abatement request. A responsible tire collector is an owner or operator of a tire dump, as defined in this part.
**Subp. 14. Shoreland.**
"Shoreland" means land located within 1,000 feet from the normal high water mark of a lake, pond, or flowage, or land within 300 feet of a river or stream, or a flood plain as established by ordinance.
**Subp. 15. Sinkhole.**
"Sinkhole" means a closed depression formed by subsidence of the underlying bedrock.
**Subp. 16. Tire.**
"Tire" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 7.
**Subp. 17. Tire collector.**
"Tire collector" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 8.
**Subp. 18. Tire-derived products.**
"Tire-derived products" means usable materials produced from the chemical or physical processing of a waste tire.
**Subp. 19. Tire dump.**
"Tire dump" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 9.
**Subp. 20. Tire processor.**
"Tire processor" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 10.
**Subp. 21. Waste tire.**
"Waste tire" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 11.
**Subp. 22. Wetland.**
"Wetland" means any area that is covered by standing water during any portion of a year. As used in this part, "wetland" includes but is not limited to wetlands as defined in Classification of Wetlands and Deep Water Habitats of the United States, 1979. This publication was issued by the United States Department of the Interior, Fish and Wildlife Service, Washington, D.C. 20402. This publication is available at the Minnesota State Government Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota. This publication is incorporated into this definition by reference and is not subject to frequent change.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 11 SR 1113; 12 SR 2426; L 1999 c 73 s 5*
##### **Minn. R. 9220.0120** Abatement Procedures {#sec-9220.0120 omnilex-key=us-mn-regs-official--agency-167--9220.0120}
**Subpart 1. Scope.**
Subparts 2, 3, and 4 describe the criteria the agency shall use in deciding which tire dumps to abate first, the procedures that the agency shall follow in abating tire dumps, and the actions that responsible tire collectors must take to comply with an agency request to abate.
**Subp. 2. Abatement priorities.**
The agency shall issue a request for abatement action to tire collectors responsible for tire dumps that meet the following priority criteria:
A. First priority: tire dumps with over 1,000,000 waste tires. Tire dumps with over 1,000,000 waste tires shall be ranked based on the priority criteria in items B and C.
B. Second priority: tire dumps posing fire hazards. In ranking tire dumps that are fire hazards, the agency shall consider the number of waste tires in the tire dump; the proximity of the tire dump to population concentrations; the proximity of the tire dump to natural resources that would be affected by a fire at the tire dump; and the characteristics of the tire dump that might make it susceptible to fire, including but not limited to the absence of fire lanes, the lack of emergency equipment, the presence of easily combustible materials, and the lack of site access control.
C. Third priority: tire dumps in densely populated areas. In ranking tire dumps located in densely populated areas, the agency shall consider the population concentration within five miles of the tire dump; the number of waste tires in the tire dump; the hazardous characteristics of the tire dump, including but not limited to its susceptibility to fire or to mosquito infestation; and whether the tire dump is visible from any public way.
D. Fourth priority: remaining tire dumps. For tire dumps that do not meet the priority criteria in subpart 3, items A to C, the agency shall consider the number of waste tires located at the tire dump; the hazardous characteristics of the tire dump, including but not limited to its susceptibility to fire or mosquito infestation; and the population and natural resources that might be affected by the presence of the tire dump.
**Subp. 3. Request for abatement action.**
The agency shall issue a request for abatement action to all responsible tire collectors. A request for abatement action shall be in writing, specify the action that must be taken to comply, the time allowed for response, the reasons for requesting the action, and the actions that the agency will take if the requested action is not taken in the requested time.
**Subp. 4. Requested action.**
The request for abatement action shall require that the responsible tire collector or collectors submit to the commissioner an abatement plan meeting the criteria in part 9220.0130. The request for abatement action shall require that the responsible tire collector or collectors agree to implement the abatement plan by entering into a stipulation agreement with the agency.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 11 SR 1113; 12 SR 2426; L 1999 c 73 s 5*
##### **Minn. R. 9220.0130** Contents of Abatement Plan {#sec-9220.0130 omnilex-key=us-mn-regs-official--agency-167--9220.0130}
**Subpart 1. Goal.**
The abatement of a tire dump subject to an agency abatement action shall be accomplished through the processing and removal of the waste tires present in the tire dump. Abatement action must be in accordance with a plan that meets the criteria in this part. If approved by the commissioner, a plan that meets the criteria in this part shall be incorporated into a stipulation agreement signed by the responsible tire collector or collectors and the agency.
**Subp. 2. Processing on site.**
If the responsible tire collector elects to process the waste tires on the tire dump site, the following information must be included in the abatement plan submitted to the commissioner in compliance with the request for abatement action:
A. A description of the processing techniques.
B. A description of the equipment that will be used on the site to process and remove the waste tires. The function of each piece of equipment should be specifically noted.
C. The name, address, and telephone number of the users of the tire-derived products produced from the processing of the waste tires constituting the tire dump, and a description of how the tire-derived products will be used.
D. A description of how any residuals from processing the waste tires will be disposed.
E. A time schedule for removal and processing of the waste tires constituting the tire dump. Abatement of the tire dump must be completed within five years of the execution of the stipulation agreement incorporating the abatement plan. Abatement increments must be established.
F. A time schedule for bringing the tire dump into compliance with the technical and operational standards in parts 9220.0150 and 9220.0160. The tire dump must be in compliance with all technical and operational standards within six months, unless otherwise agreed to in the stipulation agreement incorporating the abatement plan. An emergency preparedness manual meeting the standards in part 9220.0160, subpart 8, must be submitted to the commissioner as part of the abatement plan.
G. A description of how records on the number of waste tires processed and removed will be maintained.
H. [Repealed, L 2002 c 382 art 1 s 6]
**Subp. 3. Processing off site.**
If the responsible tire collector elects to remove the waste tires to another location for processing, the following information must be included in the abatement plan submitted to the commissioner in compliance with the request for abatement action.
A. A description of the equipment that will be used to pick up and transport the waste tires to the tire processor.
B. If the responsible tire collector will contract with another person or firm for the transportation of the waste tires, the name, address, and telephone number of that person or firm.
C. The name, address, and telephone number of the facility at which the waste tires will be processed, and a description of the processing techniques employed by that tire processor.
D. The name, address, and phone numbers of the users of the tire-derived products produced from the processing of the waste tires constituting the tire dump, and a description of how the tire-derived products will be used.
E. A time schedule for the removal of the waste tires constituting the tire dump. The abatement of the tire dump must be completed within five years of the execution of the stipulation agreement incorporating the abatement plan. Abatement increments must be established.
F. A time schedule for bringing the tire dump into compliance with the technical and operational standards in parts 9220.0150 and 9220.0160. The tire dump must be in compliance with all technical standards within six months, unless otherwise agreed to in the stipulation agreement incorporating the abatement plan. An emergency preparedness manual meeting the standards in part 9220.0160, subpart 8, must be submitted to the commissioner as part of the abatement plan.
G. A description of how records on the number of waste tires removed will be maintained.
H. If the responsible tire collector will seek reimbursement under part 9220.0170, an estimate of the net cost of processing the waste tires using the most cost-effective processing alternative. This estimate must be supported through submission of documentation of the net cost of processing the waste tires.
**Subp. 4. Permitting during abatement.**
If the responsible tire collector wishes to obtain an agency permit for the site that is the subject of the abatement action, the responsible tire collector must notify the commissioner of this intent at the time the abatement plan is submitted, and agree to develop a plan for bringing the site into compliance with the waste tire permit rules for storage, transfer, or processing facilities once rules governing these facilities are in place.
**Subp. 5. New waste tires.**
If the responsible tire collector wants to continue to receive new waste tires during the time the tire dump is being abated, the responsible tire collector must notify the commissioner of this intent at the time the abatement plan is submitted, and agree to develop a plan for processing and removal of the new waste tires.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 11 SR 1113; 12 SR 2426; L 1999 c 73 s 5; L 2002 c 382 art 1 s 6*
##### **Minn. R. 9220.0140** Inadequate Response to a Request for Abatement Action {#sec-9220.0140 omnilex-key=us-mn-regs-official--agency-167--9220.0140}
**Subpart 1. Inadequate response.**
The agency shall determine if a responsible tire collector has failed to make an adequate response to a request for abatement action. The following constitute grounds for the agency to find that a response has been inadequate:
A. the responsible tire collector has not responded to the request for abatement action within the time period specified in the request for abatement action;
B. the responsible tire collector has failed to submit an abatement plan that meets the criteria in part 9220.0130;
C. the responsible tire collector has failed to sign a stipulation agreement incorporating the abatement plan approved by the commissioner; or
D. the responsible tire collector has failed to comply with a term or condition of the stipulation agreement incorporating the abatement plan.
**Subp. 2. Abatement order.**
A finding that a responsible tire collector has failed to make an adequate response to a request for abatement constitutes grounds for the agency to issue a tire dump abatement order to the responsible tire collector. If the agency determines that agency abatement is required, the tire dump abatement order shall provide for entering the property where the tire dump is located, taking the waste tires into public custody, and arranging for their processing and removal.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 11 SR 1113; 12 SR 2426; L 1999 c 73 s 5*
##### **Minn. R. 9220.0150** Technical Standards {#sec-9220.0150 omnilex-key=us-mn-regs-official--agency-167--9220.0150}
**Subpart 1. Scope.**
During the time a tire dump is being abated according to an abatement plan approved by the commissioner, the responsible tire collector shall operate and maintain the tire dump in compliance with the following standards.
**Subp. 2. Indoor storage.**
Waste tires stored indoors shall be stored under conditions that meet or exceed those in The Standard for Storage of Rubber Tires, NFPA 231D-1980 edition, adopted by the National Fire Protection Association, San Diego, California. This publication is available at the Minnesota State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota; the Office of Public Safety, Fire Marshal Division; or any local fire department. This publication is incorporated by reference and is not subject to frequent change.
**Subp. 3. Location of waste tire piles.**
No waste tires shall be stored in any area where they may be subjected to immersion in water, including but not limited to flood plains, wetlands, shorelands, sinkholes, or ravines.
**Subp. 4. Dimensions of waste tire piles.**
No individual waste tire pile shall have an area greater than 10,000 square feet or a vertical height greater than 20 feet. A 50-foot fire lane shall be placed around the perimeter of each waste tire pile. This fire lane shall be maintained free of rubbish, equipment, and vegetation at all times.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 11 SR 1113; 12 SR 2426; L 1999 c 73 s 5*
##### **Minn. R. 9220.0160** Operational Standards {#sec-9220.0160 omnilex-key=us-mn-regs-official--agency-167--9220.0160}
**Subpart 1. Scope.**
During the time a tire dump is being abated pursuant to an abatement plan approved by the commissioner, the tire dump must be operated in compliance with the following standards.
**Subp. 2. Burning.**
No operations involving the use of open flames, blow torches, or highly flammable substances shall be conducted within 50 feet of a waste tire pile.
**Subp. 3. Emergency equipment.**
Equipment for the control of accidental fires shall be provided and maintained at the tire dump.
**Subp. 4. Emergency communications.**
Communication equipment shall be provided and maintained at the tire dump. Arrangements to acquire fire protection services for the tire dump shall be made through agreement with local fire protection authorities.
**Subp. 5. Access.**
An approach and access road to the tire dump shall be maintained passable for any vehicle at all times. Access to the tire dump shall be strictly controlled through use of fences and gates.
**Subp. 6. Vegetation.**
The tire dump shall be maintained free of grass, underbrush, and other potentially flammable vegetation at all times.
**Subp. 7. Storage limitation.**
Only waste tires or tire-derived products may be stored at the tire dump.
**Subp. 8. Emergency manual.**
The operator of the tire dump shall prepare and maintain at the tire dump site an emergency preparedness manual containing the following elements:
A. a list of names and numbers of persons to be contacted in the event of a fire, flood, or other emergency involving the tire dump;
B. a list of the emergency response equipment present at the tire dump, its location, and how it should be used in the event of a fire or other emergency; and
C. a description of the procedures that should be followed in the event of a fire at the tire dump, including procedures to contain and dispose of the oily material generated by the combustion of large numbers of tires. The procedures in the emergency preparedness manual shall be followed in the event of an emergency at the tire dump. The emergency preparedness manual shall be updated once a year, upon changes in operations at the tire dump, or if required by the commissioner.
**Subp. 9. Emergency notification and reports.**
The operator of the tire dump shall immediately notify the commissioner in the event of a fire or other emergency at the tire dump with potential off-site impacts. Within two weeks of any emergency involving potential off-site impact, the operator of the tire dump shall submit to the commissioner a report on the emergency. This report shall set out the origins of the emergency, the actions that were taken to deal with the emergency, the results of the actions that were taken, and an analysis of the success or failure of the actions.
**Subp. 10. Operational record.**
The operator of the tire dump shall maintain records of the number of waste tires received at the tire dump, stored at the tire dump, and shipped from the tire dump. Records shall also be kept of the amount of tire-derived products received, stored, or shipped from the tire dump. At the completion of an abatement increment, the responsible tire collector shall submit to the commissioner a record of the approximate number of waste tires remaining in the tire dump; the amount of tire-derived products stored at the tire dump; and the number of waste tires or amount of tire-derived products received at the tire dump and shipped from the tire dump during the abatement increment. For waste tires and tire-derived products shipped to another location, the date and the amount shipped must be included.
**Subp. 11. Inspection.**
At the completion of each abatement increment, the responsible tire collector shall notify the commissioner so that an inspection of the tire dump may be conducted to certify the completion of the required abatement.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 11 SR 1113; 12 SR 2426; L 1999 c 73 s 5*
##### **Minn. R. 9220.0170** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0170 omnilex-key=us-mn-regs-official--agency-167--9220.0170}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0180** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0180 omnilex-key=us-mn-regs-official--agency-167--9220.0180}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0200** Scope {#sec-9220.0200 omnilex-key=us-mn-regs-official--agency-167--9220.0200}
This chapter applies to owners and operators of facilities that store, transport, or process waste tires. This chapter governs the requirement for waste tire facility permits and establishes standards and requirements for the operation of waste tire facilities.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0210** Definitions {#sec-9220.0210 omnilex-key=us-mn-regs-official--agency-167--9220.0210}
**Subpart 1. Scope.**
The terms defined in this part apply to this chapter.
**Subp. 1a. Agency.**
"Agency" means the Pollution Control Agency.
**Subp. 2. Agricultural purposes.**
"Agricultural purposes" means the use of waste tires as bumpers on agricultural equipment or as a ballast to maintain covers or structures on the agricultural site.
**Subp. 3.**
[Renumbered subp. 1a]
**Subp. 4.**
[Renumbered subp. 6a]
**Subp. 5. Closure.**
"Closure" means the removal of all stockpiles of waste tires and other materials from the waste tire facility in compliance with procedures established by statute, rule, order, or permit.
**Subp. 6. Closure plan.**
"Closure plan" means the plan for closure required in part 9220.0490, subpart 3, and the applicable requirements of parts 9220.0490 and 9220.0500.
**Subp. 6a. Commissioner.**
"Commissioner" means the commissioner of the Pollution Control Agency.
**Subp. 7. Current closure cost estimate.**
"Current closure cost estimate" means the most recent of the estimates prepared under part 9220.0570.
**Subp. 8. Existing waste tire facility.**
"Existing waste tire facility" means a facility that is receiving waste tires on May 23, 1988.
**Subp. 9. Floodway.**
"Floodway" has the meaning given in Minnesota Statutes, section 103F.111, subdivision 5.
**Subp. 10. Operator.**
"Operator" means the person responsible for the overall operation of the waste tire facility. An operator is a tire collector or tire processor as defined in Minnesota Statutes, section 115A.90, subdivisions 8 and 10.
**Subp. 11. Owner.**
"Owner" means a person who owns, in whole or in part, a waste tire facility, the waste tires located at a facility, or the land on which the facility is located.
**Subp. 12. Permit.**
"Permit" means an authorization from the agency to operate or construct a waste tire facility.
**Subp. 13. Person.**
"Person" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 5.
**Subp. 14. Processing.**
"Processing" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 6.
**Subp. 15. Ravine.**
"Ravine" means a deep, narrow cleft or gorge in the earth's surface. A ravine cannot be smoothed out by ordinary tillage.
**Subp. 16. Residuals from processing.**
"Residuals from processing" means the unusable materials resulting from chemical or physical processing of waste tires.
**Subp. 17. Shoreland.**
"Shoreland" means land located within 1,000 feet from the normal high water mark of a lake, pond, or flowage, or land within 300 feet of a river or stream, or a floodplain as established by ordinance.
**Subp. 18. Sinkhole.**
"Sinkhole" means a closed depression formed by subsidence of the underlying bedrock.
**Subp. 19. Tire.**
"Tire" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 7.
**Subp. 20. Tire collector.**
"Tire collector" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 8.
**Subp. 21. Tire-derived products.**
"Tire-derived products" means the usable materials produced from the chemical or physical processing of a waste tire.
**Subp. 22. Tire dump.**
"Tire dump" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 9.
**Subp. 23. Tire processor.**
"Tire processor" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 10.
**Subp. 24. Transporter.**
"Transporter" means a person who removes waste tires from a source of generation, a tire dump, or a waste tire facility.
**Subp. 25. Waste tire.**
"Waste tire" has the meaning given in Minnesota Statutes, section 115A.90, subdivision 11.
**Subp. 26. Waste tire facility or facility.**
"Waste tire facility" or "facility" means an area where more than 50 waste tires or an equivalent amount of tire-derived products are collected, deposited, stored, or processed. The incidental storage of tire-derived products at the site of final use does not make the site a waste tire facility.
**Subp. 27. Waste tire processing facility.**
"Waste tire processing facility" means an area where waste tires or tire-derived products are processed. A waste tire processing facility must meet the qualifications in part 9220.0470.
**Subp. 28. Waste tire storage facility.**
"Waste tire storage facility" means an area where waste tires, or tire-derived products, are collected, deposited, or stored. A waste tire storage facility is a facility that does not meet the qualifications for regulation as a waste tire transfer facility or a waste tire processing facility.
**Subp. 29. Waste tire transfer facility.**
"Waste tire transfer facility" means an area where waste tires are concentrated for transport to waste tire processing facilities. A waste tire transfer facility must meet the qualifications in part 9220.0460.
**Subp. 30. Wetland.**
"Wetland" means an area that is covered by standing water during any portion of a year. Wetland includes but is not limited to wetlands as defined in Classification of Wetlands and Deep Water Habitats of the United States, 1979. This publication is available at the Minnesota State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This publication is incorporated into this definition by reference and is not subject to frequent change.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0220** Land Disposal Prohibited {#sec-9220.0220 omnilex-key=us-mn-regs-official--agency-167--9220.0220}
Disposal of waste tires and tire-derived products in the land is prohibited.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0230** Permit Required {#sec-9220.0230 omnilex-key=us-mn-regs-official--agency-167--9220.0230}
**Subpart 1. Permit required.**
Except as provided in subpart 2, no person may do any of the following without obtaining a waste tire facility permit from the agency:
A. store, process, or dispose of waste tires or tire-derived products; or
B. establish, construct, modify, own, or operate a waste tire facility.
**Subp. 2. Exclusions.**
The following persons are not required to obtain a waste tire facility permit:
A. a retail tire seller for the retail selling site if no more than 500 waste tires are kept on the business premises;
B. an owner or operator of a tire retreading business for the business site if no more than 3,000 waste tires are kept on the business premises;
C. an owner or operator of a business who, in the ordinary course of business, removes tires from motor vehicles if no more than 500 waste tires are kept on the business premises;
D. a permitted landfill operator with less than 10,000 waste tires stored above ground at the permitted site;
E. a person using waste tires for agricultural purposes if the waste tires are kept on the site of use; or
F. a person conducting abatement activities under an abatement order or stipulation agreement entered into under part 9220.0120. This exemption does not exempt the person from the duty to obtain a waste tire facility permit for activities other than the abatement action.
**Subp. 3. Closure of facilities.**
The owner or operator of a waste tire facility who does not seek a waste tire facility permit or who does not qualify for permit by rule status shall within 90 days after May 23, 1988, close the facility in compliance with part 9220.0500.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0240** Permit by Rule {#sec-9220.0240 omnilex-key=us-mn-regs-official--agency-167--9220.0240}
**Subpart 1. Facilities eligible.**
The owners and operators of the following waste tire facilities are considered to have obtained a waste tire facility permit without submitting the application described in part 9220.0270 if the commissioner has received the notification described in subpart 3:
A. a waste tire facility used for the storage of no more than 500 waste tires at any one time if the owner or operator, at least once a year, removes all the waste tires, and the facility is in compliance with the location requirements of part 9220.0450, subpart 2; and
B. a waste tire facility used for processing not more than 500 waste tires during any 30 days if the facility is in compliance with the location requirements of part 9220.0450, subpart 2.
**Subp. 2. Eligibility for owners and operators of mobile equipment.**
The owners or operators of mobile shredding or baling equipment are considered to have obtained a waste tire facility permit if they submit the notice required under subpart 3 and if they comply with the following conditions:
A. the shredding or baling equipment is located at the tire dump or waste tire facility for less than 90 days; and
B. all bales or tire shreds and residuals are removed from the site 30 days after the completion of the shredding or baling operation.
**Subp. 3. Written notification.**
To obtain permit by rule status, the owners and operators of a qualifying waste tire facility or mobile shredding or baling equipment shall submit the following information to the commissioner. For an existing facility, the notification must be submitted within 90 days of May 23, 1988. For a new facility and for each new shredding or baling site, the notification must be submitted 15 days before the operation begins. The notification must contain:
A. the name, address, and telephone number of the owner and operator of the facility or equipment, and the name, address, and telephone number of the facility;
B. a description of the general operation of the facility or equipment, including quantities of waste tires accumulated or processed per month;
C. a description of arrangements made to acquire fire protection services for the facility;
D. the township, range, and section numbers of the facility; and
E. a description of how the waste tires, tire-derived products, and residuals from processing will be disposed.
**Subp. 4. Termination of eligibility for permit by rule.**
The agency shall terminate the eligibility of owners and operators of a facility for permit by rule status after notice and opportunity for a contested case hearing if the agency finds that the facility does not qualify for permit by rule status or that the facility should be permitted to protect human health or the environment. When eligibility to be permitted under this part has been terminated, the owner and operator of the facility must apply within 60 days for a waste tire facility permit or close the facility in compliance with part 9220.0490 and the applicable requirements of part 9220.0500.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0250** Designation of Permittee {#sec-9220.0250 omnilex-key=us-mn-regs-official--agency-167--9220.0250}
The agency shall designate all owners and operators of the waste tire facility as copermittees when issuing a waste tire facility permit.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0260** Waste Tire Facility Permit Application Procedures {#sec-9220.0260 omnilex-key=us-mn-regs-official--agency-167--9220.0260}
**Subpart 1. Form.**
The application for a waste tire facility permit consists of a general application that includes the appropriate supporting documents, map, and additional application information specific to the facility that is the subject of the application. The content requirements of the general permit application are set forth in part 9220.0270. The additional application information requirements specific to the facility type are set forth in parts 9220.0280 to 9220.0310, and must be submitted with the permit application.
**Subp. 2. Submittal.**
Applicants for a waste tire facility permit shall submit a completed permit application to the commissioner, and a copy to the county where the facility is located or proposed to locate, and shall retain a copy for their records.
**Subp. 3. Time of submittal.**
A person shall submit a permit application in accordance with items A and B.
A. For a waste tire processing or storage facility, a person shall submit a permit application at least 180 days before the planned date of facility construction for a new facility or for an existing facility no later than 90 days after May 23, 1988.
B. For a waste tire transfer facility, a person shall submit a permit application at least 90 days before the planned date of facility construction for a new facility or for an existing facility no later than 90 days after May 23, 1988.
**Subp. 4. Renewal of existing permit.**
A written application for renewal of an existing permit must be submitted 90 days before the expiration date of the existing permit.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0270** Written Application {#sec-9220.0270 omnilex-key=us-mn-regs-official--agency-167--9220.0270}
**Subpart 1. Scope.**
A person who requests the issuance or renewal of a permit shall complete, sign, and submit to the commissioner a written application in a form prescribed by the commissioner. The application must contain the information in subparts 2 to 10. If a provision does not apply to the particular facility, the applicant shall explain why the provision does not apply.
**Subp. 2. General facility information.**
The application must include the following:
A. the name, address, and telephone number of all owners and operators of the facility for which the application is submitted and identification of each applicant as an individual, business, partnership, public entity, or other entity;
B. the name, address, and telephone number of the person who prepared the application; and
C. an indication of whether the facility to be permitted is new or existing.
**Subp. 3. Description of facility operation.**
The application must include a description of the following:
A. the type of facility operation, the manner in which waste tires will be collected at the facility, and how those waste tires will be stored, processed, or used;
B. the quantity and type of waste tires stored at the facility currently and the maximum quantity and type of waste tires to be stored at the facility at any time;
C. the facility's ability to meet the technical standards that apply to waste tire storage of part 9220.0450, subpart 3, items D to G;
D. the present use of the land at the site of the facility and of the land within a one-quarter mile radius of the facility, identifying the landowners and their addresses, and zoning designation;
E. weight and use restrictions on the access roads that lead to the site;
F. the location of the facility and whether that location complies with the restrictions established in part 9220.0450, subpart 2;
G. the types, sizes, conditions, and availability of equipment needed for operation and emergency response at the facility, and the functions of each piece of equipment described;
H. the security procedures and the location of fences, gates, and other access control measures;
I. the relationship of the facility to the applicable county solid waste management plan, and the area to be served by the facility; and
J. the expected operating life of the facility and how this number was calculated.
**Subp. 4. Map required.**
The application must include a topographic or section map using a scale of no less than one inch equals 200 feet. This map must show the waste tire facility and surrounding area for one quarter mile in detail. At a minimum, the map must show the following:
A. the map scale and directions;
B. wetlands, floodways, shorelands, and surface waters, including intermittent streams;
C. legal boundaries and land ownership, including county, township, and municipal boundaries; township, range, and section numbers; and easements and rights-of-way;
D. the locations of wells, both operating and abandoned;
E. occupied dwellings;
F. the facility design and the location of all waste tire storage areas and fire lanes;
G. all structures and buildings that are or will be constructed at the facility, including those used in collection, storage, or processing operations;
H. loading and unloading areas;
I. access and internal roads;
J. runoff control measures, ditches, and dikes; and
K. the location of the area used for collection, storage, or processing of waste tires, tire-derived products, and residuals from processing; and the total land area in square feet used for storage of waste tires, tire-derived products, and residuals from processing.
**Subp. 5. Closure plan.**
The application must include a plan for closing the facility in compliance with part 9220.0500.
**Subp. 6. Closure cost estimate.**
The application must include a closure cost estimate prepared following the procedures in part 9220.0570.
**Subp. 7. Copy of financial assurance mechanism.**
The application must include a copy of the financial assurance mechanism required by part 9220.0560.
**Subp. 8. Other information.**
The applicant shall submit other information relevant to the application as requested by the commissioner or as required by parts 9220.0280 to 9220.0310.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0280** Additional Application Information Required for Waste Tire Transfer Facilities {#sec-9220.0280 omnilex-key=us-mn-regs-official--agency-167--9220.0280}
The application for a waste tire transfer facility must include the following information in addition to the information required by part 9220.0270:
A. a description of the types of vehicles that the facility will service;
B. information on how the accumulation of waste tires at the transfer facility will be controlled so that no more than 10,000 passenger tires or the equivalent weight of other waste tires will be present at the transfer facility at any time; and
C. information on the type, size, and capacity of storage that will be present at the facility, designating drop boxes, containers, trailers, or stockpiles.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0290** Additional Application Information Required for Waste Tire Processing Facilities {#sec-9220.0290 omnilex-key=us-mn-regs-official--agency-167--9220.0290}
The application for a waste tire processing facility must include the following information in addition to the information required by part 9220.0270:
A. the maximum quantity and type of tire-derived products and residuals from processing to be stored on the site at any time, specifying the quantity and type of tire-derived products and residuals from processing stored on the site currently and how they are being stored;
B. a description of the processes and procedures used at the facility for processing waste tires;
C. the processing capacity of the facility, and the number of tons of waste tires currently being processed;
D. a description of how the facility will comply with the 75 percent annual processing requirement of part 9220.0470, subpart 2;
E. a description of how residuals from processing will be disposed of;
F. the existing and proposed markets for the facility's tire-derived products; and
G. a copy of the emergency preparedness manual required by part 9220.0470, subpart 4.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0300** Additional Application Information Required for Waste Tire Storage Facilities {#sec-9220.0300 omnilex-key=us-mn-regs-official--agency-167--9220.0300}
The application for a waste tire storage facility must include the following information in addition to the information required by part 9220.0270:
A. the procedures that will be used at the facility to minimize or prevent mosquito and rodent breeding in the waste tire stockpiles;
B. a copy of the emergency preparedness manual required by part 9220.0270, subpart 4; and
C. information on how the accumulation of waste tires at the waste tire storage facility will be controlled so that no more than 500,000 passenger tires or the equivalent weight of other waste tires are ever stored at the facility.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0310** Signatures {#sec-9220.0310 omnilex-key=us-mn-regs-official--agency-167--9220.0310}
A permit application must be signed by all owners and operators. If an owner or operator is a corporation, the president or executive office of the corporation shall sign. If an owner or operator is a partnership, two partners shall sign. If an owner or operator is a governmental unit, a certification of the signer's authority must be included.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0320** Provisional Status {#sec-9220.0320 omnilex-key=us-mn-regs-official--agency-167--9220.0320}
**Subpart 1. Scope.**
When the owner of a waste tire facility submits a permit application, the facility is considered provisionally permitted. Provisionally permitted facilities must conform to the requirements and standards described in part 9220.0450, except that the annual report required by part 9220.0450, subpart 4, is not required while the waste tire facility has provisional status.
**Subp. 2. Termination of provisional status by permitting, closure, or denial of permit.**
Provisional status terminates when a permit is issued, when the commissioner verifies that closure is complete, or when the agency denies a permit.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0330** Review of Permit Applications {#sec-9220.0330 omnilex-key=us-mn-regs-official--agency-167--9220.0330}
The commissioner shall review all permit applications for completeness. If the commissioner finds that the application is incomplete or otherwise deficient, the commissioner shall promptly advise the applicant in writing and suspend further processing of the portion of the application affected by the deficiency until the applicant has supplied the necessary information or otherwise corrected the deficiency.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0340** Public Notice {#sec-9220.0340 omnilex-key=us-mn-regs-official--agency-167--9220.0340}
**Subpart 1. Scope.**
Before the agency acts to issue, renew, modify, revoke, or deny a permit, the commissioner shall seek public comment on the action, unless specifically exempted from this requirement under part 9220.0410.
**Subp. 2. Public notice contents.**
The commissioner shall prepare and issue a public notice of an intended agency action. The public notice must include, at a minimum:
A. the address and telephone number of the agency office and a statement that additional information may be obtained at this office;
B. the names and addresses of all applicants or permittees, and of the facility that is the subject of the action;
C. a concise description of the facility that is the subject of the action;
D. a statement of the action the commissioner intends to request the agency to take;
E. for action involving the issuance or renewal of permits, the duration of the permit that the commissioner intends to request the agency to issue or renew;
F. a brief description of the procedures and standards for public comments, and the dates on which the public comment period begins and ends; and
G. a brief description of the procedures the agency will follow in reaching a decision on the commissioner's intended action, and the procedures to be followed for requesting a public information meeting or contested case hearing.
**Subp. 3. Duration of notice period.**
Unless extended by the commissioner, the public notice period is 30 days.
**Subp. 4. Distribution of public notice.**
The commissioner shall distribute the public notice in the following manner:
A. A copy of the public notice must be available at the agency office.
B. A copy must be mailed to the applicant.
C. A copy must be mailed to the county where the facility is located or proposed to be located.
D. Copies must be circulated in the geographic area within a 45-mile radius of the planned or existing facility. The commissioner shall circulate the public notice in one or more of the following ways:
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0350** Public Comments {#sec-9220.0350 omnilex-key=us-mn-regs-official--agency-167--9220.0350}
**Subpart 1. Written comments.**
During the public comment period established in the public notice, any interested person may submit written comments on the action before the agency. To be considered by the agency in taking the action, comments must be in writing and must include the following:
A. a statement of the person's interest in the action;
B. a statement of the action the person wishes the agency to take; and
C. the reasons why the person wants the agency to take the action.
**Subp. 2. Public information meeting or contested case hearing request.**
During the public comment period and at the agency meeting where the action is proposed to be taken, a person may request a public informational meeting or contested case hearing.
**Subp. 3. Extension of comment period.**
The public comment period may be extended if the commissioner finds an extension of time is necessary to facilitate additional public comment. Notice of the extension of the comment period must be given in the same manner as the original notice.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0360** Public Information Meeting {#sec-9220.0360 omnilex-key=us-mn-regs-official--agency-167--9220.0360}
**Subpart 1. Determination of need.**
If the commissioner or the agency determines that a public information meeting would help clarify and resolve issues regarding action on a permit, the commissioner shall hold a public information meeting.
**Subp. 2. Location.**
The public information meeting must be held in the geographical area of the facility that is the subject of the action or at a place selected by the commissioner that is generally convenient to persons expected to attend the meeting.
**Subp. 3. Content of notice.**
The commissioner shall publish a notice of the public information meeting. The notice must contain a reference to the action and the date, time, and location of the public information meeting and the issues to be discussed.
**Subp. 4. Distribution of notice.**
The commissioner shall publish the notice in a newspaper of general circulation in the geographical area of the facility or activity that is the subject of the action, and shall mail a copy of the notice to the affected persons, the appropriate city and county officials, and all other persons who have indicated an interest in the permit application.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0370** Contested Case Hearing {#sec-9220.0370 omnilex-key=us-mn-regs-official--agency-167--9220.0370}
**Subpart 1. Hearing required.**
The agency shall hold a contested case hearing if it finds all of the following:
A. that a person requesting the contested case hearing has raised a material issue of fact or of the application of facts to law related to the commissioner's proposed action;
B. that the agency has jurisdiction to make determinations on the issues of fact or of the application of facts to law raised by the persons requesting the contested case hearing;
C. that the record before the agency is not adequate to allow the agency to resolve a material issue of fact or of the application of fact to law raised by the person requesting the hearing, and that a contested case hearing would result in the creation of a record that would allow the agency to resolve the issues raised; and
D. that the person requesting the contested case hearing would be affected by the agency's action.
**Subp. 2. Hearing notice and order.**
If the agency decides to hold a contested case hearing, the commissioner shall prepare a notice of and order for hearing. The notice of and order for hearing must contain:
A. the information required by part 1400.5600 to the Office of Administrative Hearings;
B. a reference to the public notice of the agency action and the date of issuance of the public notice;
C. identification of the affected parties and a concise description of the issues that have been raised by any party; and
D. the address of the agency office where interested persons may inspect or obtain copies of the public notice of the agency action, and other information relevant to the agency action.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0380** Final Determination {#sec-9220.0380 omnilex-key=us-mn-regs-official--agency-167--9220.0380}
**Subpart 1. Agency action.**
The agency shall issue, renew, or modify a permit if it determines that the proposed permittees will comply with all permit conditions and applicable state or federal statutes and rules, or will undertake a schedule of compliance that will result in the facility being operated in compliance with state or federal statutes and rules.
**Subp. 2. Denial of permit.**
The agency shall refuse to issue a new permit or to modify or renew an existing permit if it finds:
A. that the proposed facility or permittee will not comply with all applicable state and federal statutes and rules or conditions of the permit;
B. that there exists at the facility unresolved noncompliance with applicable state or federal statutes and rules or conditions of the permit and that the permittee will not undertake a schedule of compliance to resolve the noncompliance;
C. that the permittee has failed to disclose fully all facts relevant to the facility to be permitted, or that the permittee has submitted false or misleading information to the agency or to the commissioner;
D. that the permitted facility endangers human health or the environment and that the danger cannot be removed by a modification of the conditions of the permit; or
E. that applicable requirements of Minnesota Statutes, chapter 116D, and the rules adopted under Minnesota Statutes, chapter 116D, have not been fulfilled.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0390** Terms and Conditions of Permits {#sec-9220.0390 omnilex-key=us-mn-regs-official--agency-167--9220.0390}
**Subpart 1. Term of permit.**
A waste tire facility permit must be issued for up to five years.
**Subp. 2. Special conditions.**
Each permit must require the facility to be operated consistent with the application for the facility permit, conditions placed by the agency on permit approval, and all applicable state and federal statutes and rules. If the facility receiving the permit is not in compliance with any applicable state or federal statute or rule at the time of issuance, the permit must require the permittees to achieve compliance with the statute or rule within a reasonable period of time.
**Subp. 3. General conditions.**
Unless specifically exempted by statute or rule, each permit must include the following general conditions, and the agency shall incorporate these conditions into all permits either expressly or by specific reference to this part:
A. The agency's issuance of a permit does not release the permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit.
B. The agency's issuance of a permit does not prevent the future adoption by the agency of rules or orders more stringent than those in existence at the time the permit is issued and does not prevent the enforcement of these rules or orders against the permittee.
C. The permit does not convey a property right or an exclusive privilege.
D. The permittee may not knowingly make a false or misleading statement, representation or certification in a record, report, plan, or other document required to be submitted to the agency or to the commissioner by the permit. The permittee shall immediately upon discovery report to the commissioner an error or omission in these records, reports, plans, or other documents.
E. Upon presentation of proper credentials, the agency or an authorized employee or agent of the agency, shall be allowed by the permittee to enter the permitted facility at reasonable times to examine and copy books, papers, records, or memoranda pertaining to the facility, and to conduct surveys and investigations pertaining to the facility.
F. If the permittee discovers, through any means, including notification by the agency, that noncompliance with a condition of the permit has occurred, the permittee shall take all necessary steps to minimize the adverse impacts on human health, welfare, or the environment.
G. If the permittee discovers that noncompliance with a condition of the permit has occurred that could endanger human health, welfare, or the environment, the permittee shall immediately notify the commissioner.
H. The permit is not transferable to any person except as provided in part 9220.0410, subpart 2.
I. The permit authorizes the permittee to perform the activities described in the permit under the conditions of the permit. In issuing the permit, the state and agency assume no responsibility for damage to person, property, or the environment caused by the activities of the permittee in the conduct of its actions, including those authorized, directed, or undertaken under the permit. To the extent the state and agency may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.736.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0400** Continuation of Expired Permit {#sec-9220.0400 omnilex-key=us-mn-regs-official--agency-167--9220.0400}
A person who holds an expired permit and who submits a timely and complete application for renewal may continue to conduct the permitted activity until the agency takes final action on the application if the commissioner determines that both of the following are true:
A. the permittee is in compliance with the terms and conditions of the expired permit; and
B. the commissioner, through no fault of the permittee, has not taken final action on the application on or before the expiration date of the permit.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0410** Modification or Transfer of Permit {#sec-9220.0410 omnilex-key=us-mn-regs-official--agency-167--9220.0410}
**Subpart 1. Modification.**
The commissioner shall modify a permit if the modification is needed to reflect changed state or federal statutes or rules applicable to the facility, to incorporate changes in a facility closure plan or emergency response manual, or to make other modifications consented to by the permittees. The procedures for giving public notice established in part 9220.0340 do not apply to permits modified by the commissioner under this subpart if the commissioner finds that the modification would not result in a significant change in facility operation. For all other modifications, the commissioner shall follow the public notice procedures of part 9220.0340, and the agency shall determine whether the permit should be modified.
**Subp. 2. Change in facility ownership or operation.**
The following conditions apply to the change in facility ownership or operation.
A. Before any change in facility ownership or operation, a written request for transfer of the permit must be submitted to and approved by the agency. The request for transfer must indicate the reason the permit transfer is being requested, must be signed by all existing permittees and all persons seeking to become permittees, and must contain all information required in part 9220.0270, subpart 2.
B. If the commissioner finds that the proposed transfer of the permit would not affect present or future compliance with the permit, the commissioner shall give the public notice of the commissioner's intent to transfer the permit following the procedures in parts 9220.0340 to 9220.0370.
C. The agency shall approve the transfer of the permit if it determines that the new permittee or permittees will comply with all permit conditions and all applicable laws and rules. After approval, permit transfer occurs when the change in facility ownership or operation becomes effective. In the event that the expected change in facility ownership or operation does not occur, the owners and operators remain fully responsible under the terms of the permit.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0420** Revocation of Permit {#sec-9220.0420 omnilex-key=us-mn-regs-official--agency-167--9220.0420}
**Subpart 1. Justification for revocation.**
The following constitute justification for the commissioner to begin proceedings to revoke a permit:
A. existence at the facility of unresolved noncompliance with the permit or applicable state and federal statutes and rules, and the permittee is unwilling or unable to resolve the noncompliance;
B. the operation of the facility has terminated; or
C. the commissioner finds that the facility endangers human health or the environment and that the danger cannot be removed by a modification of the permit.
**Subp. 2. Procedure for revocation.**
The commissioner shall give notice of the commissioner's intent to revoke a permit by following the procedures in part 9220.0340. This notice must state that the permittee may request that a contested case hearing be held on the proposed action. If the agency grants a contested case hearing, the agency shall hold the hearing in accordance with the rules of the Office of Administrative Hearings, parts 1400.5100 to 1400.8500.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 c 5*
##### **Minn. R. 9220.0430** Interaction of Permit and Abatement Rules {#sec-9220.0430 omnilex-key=us-mn-regs-official--agency-167--9220.0430}
If a tire collector wishes to obtain an agency permit for a site that is the subject of an abatement action, the tire collector shall notify the commissioner of this intent within 90 days of May 23, 1988, or at the time the abatement plan is submitted and agree to develop a plan for bringing the site into compliance with the technical rules for waste tire transfer, processing, or storage facilities. Notification and agreement under this part does not exempt the owner or operator of a facility that is the subject of an abatement action from the duty to obtain a permit by following the procedures in parts 9220.0260 to 9220.0310 for activities other than the abatement action.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0440** Rule Conflicts {#sec-9220.0440 omnilex-key=us-mn-regs-official--agency-167--9220.0440}
Nothing in parts 9220.0440 to 9220.0680 relieves any person from obligations or duties imposed by other laws, statutes, rules, standards, or ordinances of the federal, state, or local governments or any agency thereof now in effect or that become effective in the future. In the event parts 9220.0440 to 9220.0680 conflict with any of those laws, statutes, rules, standards, or ordinances, the more stringent provisions apply.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0450** General Standards for Permitted Facilities {#sec-9220.0450 omnilex-key=us-mn-regs-official--agency-167--9220.0450}
**Subpart 1. Scope.**
All permitted waste tire facilities must comply with the technical and operational standards in this part. In addition, each permitted facility must comply with requirements specific to the operation conducted at the facility and any special conditions as specified in parts 9220.0460 to 9220.0480 established in a permit.
**Subp. 2. Location of facility.**
A waste tire facility must not be constructed or operated in a wetland, sinkhole, shoreland, ravine, floodway, or any area where it may be subjected to immersion in water.
**Subp. 3. Operation.**
A waste tire facility must be operated in compliance with the following standards:
A. No operations involving the use of open flames, blow torches, or highly flammable substances must be conducted within 50 feet of a waste tire pile.
B. An approach and access road to the waste tire facility must be maintained passable for any vehicle at all times. Access to the facility must be strictly controlled through the use of fences, gates, or other means of controlling access.
C. An attendant shall be present at all times the waste tire facility is open for business.
D. A waste tire storage area must be designated. Only waste tires and tire-derived products may be stored in the designated waste tire storage area. This area must be maintained free of vegetation.
E. Waste tires stored indoors must be stored under conditions that meet or exceed those in the current edition of The Standard for Storage of Rubber Tires, National Fire Protection Association (NFPA) 231D, written by the NFPA Committee on Standards for Rubber Tires, published by the NFPA Standards Council. This publication is available at the Minnesota State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155; the Office of Public Safety, Fire Marshal Division; or any local fire department. This publication is incorporated by reference and is not subject to frequent change.
F. No waste tire pile must have an area greater than 10,000 square feet or a vertical height greater than 20 feet.
G. A 50-foot fire lane must be placed around the perimeter of each waste tire pile. Access to the fire lane for emergency vehicles must be unobstructed at all times. The fire lane must be maintained free of rubbish and vegetation at all times.
H. All tire piles must be maintained free of mosquitoes and rodents.
I. Surface water drainage must be diverted around and away from the waste tire storage area.
**Subp. 4. Annual report.**
A permittee of a waste tire facility shall submit a report containing the following information to the commissioner annually, on March 1 of each year:
A. the facility name, address, and permit number;
B. the year covered by the report;
C. the total quantity and type of waste tires or weight of tire-derived products received at the facility during the year covered by the report;
D. the total quantity and type of waste tires or weight of tire-derived products shipped from the facility during the year covered by the report;
E. the total quantity and type of waste tires and weight of tire-derived products located at the facility on the date of reporting;
F. for all waste tires and tire-derived products shipped from the facility, the name and waste tire transporter identification number of the transporter who accepted the waste tires or tire-derived products for transport, and the quantity of waste tires or volume of tire-derived products shipped with that transporter; and if the waste tires were shipped with a person who is not a waste tire transporter, the number of tires shipped, the person's name and telephone number, and the place where the tires were deposited;
G. for all waste tires and tire-derived products received at the facility, the name and waste tire transporter identification number of the transporter who delivered the waste tires or tire-derived products to the facility, and the quantity of waste tires or volume of tire derived products received from that transporter; and if the waste tires were delivered by a person who is not a waste tire transporter, the number of tires delivered and the person's name and telephone number;
H. for all waste tires removed for recapping, the quantity and type removed, and the name and location of the recapping facility receiving the tires; and
I. the most recent closure cost estimate prepared using the criteria in part 9220.0570.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0460** Waste Tire Transfer Facility Storage Limitation {#sec-9220.0460 omnilex-key=us-mn-regs-official--agency-167--9220.0460}
Waste tires stored at the waste tire transfer facility must be limited to 10,000 passenger car tires or the equivalent weight of other waste tires. In addition, all waste tires received at the facility must be transported to a permitted waste tire processing facility at least twice annually or unless otherwise provided in the facility's permit.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0470** Additional Standards for Waste Tire Processing Facilities {#sec-9220.0470 omnilex-key=us-mn-regs-official--agency-167--9220.0470}
**Subpart 1. Scope.**
This part sets out the additional standards that apply to the operation of a permitted waste tire processing facility in addition to the general standards in part 9220.0450. To qualify for regulation as a waste tire processing facility, the standards in part 9220.0450 must be met.
**Subp. 2. Storage limitation.**
A waste tire processing facility must not store more than 70,000 passenger car tires or the equivalent weight of other tires or tire-derived products at any time. Waste tires stored must be limited to one pile of waste tires and one pile of tire-derived product meeting the limits in part 9220.0450, subpart 3, item F, of the general facility standards. In addition, at least 75 percent of the waste tires and tire-derived products that are delivered to or are contained on the site of the waste tire processing facility at the beginning of each year must be processed and removed from the facility during the year.
**Subp. 3. Emergency equipment.**
Equipment for communications and the control of fires must be provided and maintained at the waste tire processing facility at all times.
**Subp. 4. Emergency preparedness manual.**
The operator of the waste tire processing facility shall maintain an emergency preparedness manual at the facility. This manual must be submitted to the commissioner with the permit application. Once approved, the manual becomes part of the permit. This manual must be updated if a change in the operations of the waste tire processing facility occurs, or if the commissioner requests an update. This emergency preparedness manual must, at a minimum, contain:
A. a list of names and telephone numbers of persons to be contacted in the event of a fire, flood, or other emergency involving the waste tire processing facility;
B. a list of the emergency response equipment present at the waste tire processing facility or available for use at the facility, the location of the equipment, and how it should be used in the event of a fire or other emergency;
C. the procedures to be followed by facility personnel from discovery of an emergency until the situation is corrected, including the measures that will be taken to minimize the occurrence, recurrence, or spread of fires, explosions, and releases;
D. the locations of known water supplies, fire hydrants, dry chemical extinguishers, or other materials that may be used for firefighting purposes; and
E. additional relevant information. No emergency preparedness manual shall be approved unless the permittee demonstrates that arrangements to acquire police and fire protection services for the waste tire processing facility have been made.
**Subp. 5. Emergency procedures.**
The operator of the waste tire processing facility shall implement the emergency procedures of subpart 4, item C, in the event of a fire or other emergency.
**Subp. 6. Emergency notification and reports.**
The operator of the waste tire processing facility shall immediately notify the commissioner in the event of a fire or other emergency with potential off site impacts. Within one week of correcting an emergency situation at the waste tire processing facility, the permittee of the facility shall submit to the commissioner a report on the emergency. This report must set out the type of emergency, the date and time of the emergency, the origins of the emergency, the actions that were taken to respond to the emergency, the results of the actions that were taken, and an analysis of the success or failure of the actions.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0480** Additional Standards for Waste Tire Storage Facilities {#sec-9220.0480 omnilex-key=us-mn-regs-official--agency-167--9220.0480}
**Subpart 1. Scope.**
This part sets out the standards that apply to the operation of a permitted waste tire storage facility in addition to the general standards in part 9220.0450. A waste tire facility that cannot qualify for regulation as a waste tire transfer facility or as a waste tire processing facility must comply with the standards in this part.
**Subp. 2. Emergency preparedness standards.**
Waste tire storage facilities must comply with the emergency preparedness standards for waste tire processing facilities in part 9220.0470, subparts 3 to 6.
**Subp. 3. Storage limitation.**
No waste tire storage facility shall store more than 500,000 passenger car tires or the equivalent weight of other waste tires or tire-derived products at any time.
**Subp. 4. Additional information.**
In addition to the information required to be submitted in the annual report required under the general facility standards of part 9220.0450, subpart 4, the operator of the waste tire storage facility shall submit information on the procedures used at the facility to minimize or prevent mosquito breeding and rodent infestation, including the dates when mosquito or rodent control operations were conducted.
**Subp. 5. Removal of soil contaminated with pyrolytic oil.**
If pyrolytic oil is released at the waste tire facility, the permittee shall remove contaminated soil in accordance with any applicable rules governing the removal, transportation, and disposal of the material.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0490** Closure {#sec-9220.0490 omnilex-key=us-mn-regs-official--agency-167--9220.0490}
**Subpart 1. Closure required.**
The owner or operator of a waste tire facility shall cease to accept waste tires and immediately close the facility in compliance with any special closure conditions established in the permit, this part, and part 9220.0500, if:
A. the owner or operator declares the facility closed;
B. the owner or operator fails to maintain adequate financial assurance;
C. the agency permit for a facility expires and renewal of the permit is not applied for, or is applied for and denied;
D. the agency permit for the facility is revoked;
E. an agency order to cease operations is issued;
F. an agency stipulation agreement specifies closure is to begin; or
G. the owner or operator of a permitted facility has failed to receive and ship waste tires for a continuous six month period.
**Subp. 2. Submittal of closure plan.**
The owner or operator of a waste tire facility shall submit to the commissioner a closure plan with the permit application, or as required by an order or stipulation agreement. The commissioner shall approve the closure plan as part of the permit issuance procedure or as part of a submittal required by a stipulation agreement or order. Compliance with the approved closure plan must be made a condition of any permit, order, or stipulation agreement. No closure plan shall be approved unless the closure plan is consistent with this part and the applicable closure requirements of part 9220.0500.
**Subp. 3. Contents of closure plan.**
The closure plan must include:
A. a description of the facility's operation, including the maximum inventory of waste tires and tire-derived products that will be collected at the facility at any time during the operating life of the facility;
B. when or under what circumstances the facility will close;
C. how all waste tires and tire-derived products will be removed from the facility upon closure, and what end use is planned for the waste tires and tire-derived products; and
D. a schedule for the applicable closure procedures of part 9220.0500, including the time period for completing the closure procedures.
**Subp. 4. Amendment of the plan.**
The permittee may amend the closure plan at any time during the life of the facility. Any amendments to the closure plan must be submitted to and approved by the commissioner before they become effective. The permittee shall amend the closure plan and submit the amended plan to the commissioner for approval whenever changes in the operating plan or facility design affect the closure procedures required, or whenever the expected year of closure changes.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0500** Closure Procedures {#sec-9220.0500 omnilex-key=us-mn-regs-official--agency-167--9220.0500}
**Subpart 1. Time for completion of closure.**
Unless otherwise approved in a waste tire facility closure plan, the owner or operator shall within 90 days complete the closure procedures of subpart 2.
**Subp. 2. Closure procedures.**
If the conditions of part 9220.0490, subpart 1, exist, the owner or operator shall:
A. close public access to the facility;
B. post a gate notice indicating to the public that the facility is closed and indicating the nearest facility where waste tires can be deposited;
C. notify the agency, local units of government, local land use authorities, and fire and health authorities of the closing of the facility;
D. remove all solid waste to a permitted solid waste facility;
E. remove all waste tires to a waste tire processing facility that has a permit or provisional status;
F. remove all tire-derived products to a market; and
G. notify the commissioner when the closure activities are completed.
**Subp. 3. Acceptance of removed tires.**
If a waste tire processing facility is not available to accept the waste tires removed under subpart 2, item E, the commissioner shall approve shipment of the waste tires to a waste tire storage or transfer facility willing and able to accept the waste tires.
**Subp. 4. Certification of closure.**
After receiving certification from the owner or operator of the facility that the closure procedures have been completed in accordance with subpart 2, the commissioner shall inspect the facility site. If all procedures have been correctly completed, the commissioner shall verify that the facility has been closed in compliance with parts 9220.0440 to 9220.0500, and that all duties established by parts 9220.0440 to 9220.0500, and by the facility permit, have been discharged.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0510** Petition Procedures {#sec-9220.0510 omnilex-key=us-mn-regs-official--agency-167--9220.0510}
**Subpart 1. Scope.**
This part sets out the procedures for submitting a petition for an exemption from the 75 percent annual processing requirement in part 9220.0470, subpart 2.
**Subp. 2. Submission of the petition.**
The permittee of a waste tire processing facility may petition the commissioner for an exemption from the 75 percent annual processing requirement by submitting a petition containing the information described in subpart 3, as soon as the permittee becomes aware that compliance with the 75 percent annual processing requirement cannot be achieved.
**Subp. 3. Information required.**
The petition for an exemption from the 75 percent annual processing requirement must contain information sufficient to allow the commissioner to find:
A. that the 75 percent annual processing requirement will be met in the year following the year for which the exemption is obtained;
B. that an exemption from the 75 percent annual processing requirement will not cause the facility to be out of compliance with any other standard applicable to the facility; and
C. that an exemption from the 75 percent annual processing requirement will not cause the facility to become a hazard to human health, natural resources, or the environment.
**Subp. 4. Determination by the commissioner.**
If the commissioner, upon evaluation of the information submitted as part of the petition, makes the findings listed under subpart 3, the commissioner shall grant the petition. The commissioner shall determine whether the petition shall be granted within 60 days of receiving a petition containing information sufficient for the commissioner to make the required findings. An exemption granted under this part is valid for one year. The commissioner shall not grant the permittee of a waste tire processing facility an exemption from the 75 percent annual processing requirement for any two consecutive years.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0520** Waste Tire Disposal {#sec-9220.0520 omnilex-key=us-mn-regs-official--agency-167--9220.0520}
**Subpart 1. Scope.**
The requirements of subpart 2 apply to all persons who dispose of waste tires. The requirements of subpart 3 apply only to persons who dispose of more than 100 waste tires in a calendar year.
**Subp. 2. Waste tire disposal.**
On and after 90 days from May 23, 1988, any person who disposes of waste tires, and who contracts or arranges with a person for their disposal, shall only contract or arrange for disposal of waste tires with a person displaying a waste tire transporter identification number, or a person exempt under part 9220.0530, subpart 3.
**Subp. 3. Record keeping.**
All persons who dispose of more than 100 waste tires in a calendar year shall maintain a record of the quantity and type of waste tires sent for disposal. For shipments made under subpart 2, this record must also note the name of the person transporting the waste tires, the identification number of the waste tire transporter, if applicable, and the date of the transaction. For persons who transport their own waste tires for disposal, this record must also note the date of shipment and the name of the waste tire facility where the waste tires were delivered. When requested by the commissioner, the record must be made available for inspection. The record must be retained for three years from the date of the transaction.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0530** Waste Tire Transportation {#sec-9220.0530 omnilex-key=us-mn-regs-official--agency-167--9220.0530}
**Subpart 1. Scope.**
This part sets out the requirements that apply to persons who are in the business of transporting waste tires.
**Subp. 2. Exempt persons.**
The requirements of this part do not apply to:
A. a person transporting household quantities of waste tires incidental to municipal waste collection, and who delivers those waste tires to a permitted solid waste facility, a waste tire facility with a permit or provisional status, or a waste tire facility that is exempt from the requirement to obtain a waste tire permit;
B. a person receiving waste tires incidental to the collection of recyclable materials and who delivers those waste tires to a permitted solid waste facility, a waste tire facility with a permit or provisional status, or a waste tire facility that is exempt from the requirement to obtain a waste tire facility permit;
C. a person transporting no more than ten waste tires to a permitted solid waste facility, a waste tire facility with a permit or provisional status, or a waste tire facility that is exempt from the requirement to obtain a waste tire facility permit;
D. a person transporting waste tires that will only be used for agricultural purposes;
E. a person transporting tire-derived products to a market; and
F. a business delivering its own waste tires to a waste tire facility that has obtained provisional status or a permit or is exempt under part 9220.0230, subpart 2, to obtain a waste tire facility permit.
**Subp. 3. Agency identification number required.**
Except as exempted by subpart 2, a person who transports waste tires must obtain and display a waste tire transporter identification number when transporting waste tires. The information that must be submitted to the commissioner to obtain an agency identification number is specified in part 9220.0540. The agency's issuance of a waste tire transporter identification number does not release the transporter from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the waste tire transporter identification number.
**Subp. 4. Waste tire transportation.**
A transporter who collects waste tires from a person who disposes waste tires shall deliver the waste tires to a waste tire facility with a permit or provisional status, or a waste tire facility that is exempt from the requirement to obtain a waste tire permit.
**Subp. 5. Record keeping.**
Transporters shall record and maintain the following information regarding their activities for each month of operation:
A. the type and quantity of waste tires collected;
B. where the waste tires collected were deposited, specifying the number and type deposited at each location; and
C. where or from whom the waste tires were collected.
**Subp. 6.**
[Repealed, L 2013 c 114 art 4 s 108]
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5; L 2013 c 114 art 4 s 108*
##### **Minn. R. 9220.0540** Transporter Application Requirements {#sec-9220.0540 omnilex-key=us-mn-regs-official--agency-167--9220.0540}
**Subpart 1. Scope.**
A person required to obtain a waste tire transporter identification number under part 9220.0530, subpart 3, shall follow the procedures established in subpart 2.
**Subp. 2. Application.**
To obtain a waste tire transporter identification number and approval to transport waste tires, a transporter shall submit a written application to the commissioner. For a transporter currently transporting waste tires, the application must be submitted not more than 60 days after May 23, 1988. For a new transporter, the application must be submitted 15 days before the transporter begins transporting waste tires. The application must contain the following information:
A. the name, address, and telephone number of the person who will be transporting waste tires; and if a company will be transporting waste tires, the name, address, and telephone number of the officers of the company, along with an identification of the number of drivers that will be transporting tires for the company;
B. the geographical area that will be served;
C. the type of vehicle or trailer or both vehicle and trailer that will be used, the license number, and registered vehicle owner;
D. where the waste tires will be collected, and where delivered or deposited; and
E. an estimate of the quantity and type of waste tires that will be collected quarterly.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0550** Scope {#sec-9220.0550 omnilex-key=us-mn-regs-official--agency-167--9220.0550}
Parts 9220.0550 to 9220.0680 apply to owners and operators of waste tire facilities, except those who are exempt from the requirement to obtain a waste tire facility permit under part 9220.0230, subpart 2, or are permitted by rule under part 9220.0240.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513*
##### **Minn. R. 9220.0560** Financial Assurance Required {#sec-9220.0560 omnilex-key=us-mn-regs-official--agency-167--9220.0560}
The owner or operator of a waste tire facility shall establish financial assurance for closure of the facility within the time periods established in part 9220.0580, by obtaining one or more of the financial assurance mechanisms approved by the commissioner, or by obtaining a county held financial assurance mechanism that has been approved by the commissioner.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0570** Cost Estimate for Closure {#sec-9220.0570 omnilex-key=us-mn-regs-official--agency-167--9220.0570}
**Subpart 1. Average cost of closure estimate.**
The commissioner shall calculate the average cost of closure of a waste tire facility by examining the cost of transportation of waste tires to processing facilities and the average cost of processing waste tires in the state. The commissioner shall express the average cost of closure through use of a per tire average cost figure.
**Subp. 2. Amount.**
The amount of financial assurance to be provided by the owner or operator of a waste tire facility must be greater than or equal to the closure cost estimate derived by multiplying the commissioner's estimate of the per tire statewide average cost of closure by the maximum number of tires that will be maintained at the facility as stated in the permit application part 9220.0270, subpart 3, item B.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0580** Schedule for Establishing Financial Assurance {#sec-9220.0580 omnilex-key=us-mn-regs-official--agency-167--9220.0580}
**Subpart 1. Surety bond or letter of credit.**
The owner or operator of a waste tire facility shall submit evidence to the commissioner with the permit application that a bond or a letter of credit has been obtained.
**Subp. 2. Closure trust fund.**
Waste tire facilities shall make annual payments into a closure trust fund. The first payment must be made six months after the date the waste tire facility permit is issued by the agency. Subsequent payments must be made no later than 30 days after each anniversary date of the first payment. The minimum amount of each payment must be determined by the formula in part 9220.0610, subpart 5. Evidence of the establishment of a closure trust fund must be submitted with the permit application.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0590** Adjustments to Financial Assurance Level {#sec-9220.0590 omnilex-key=us-mn-regs-official--agency-167--9220.0590}
**Subpart 1. Annual recalculation.**
The commissioner shall recalculate annually the per tire statewide average cost of closure. If a change is made in the statewide average, the commissioner will notify all permittees by mail.
**Subp. 2. Change in closure cost estimate.**
If the closure cost estimate for a permitted waste tire facility increases, the permittee shall adjust the level of financial assurance as specified in parts 9220.0610 to 9220.0640.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0600** County Held Financial Assurance Mechanism {#sec-9220.0600 omnilex-key=us-mn-regs-official--agency-167--9220.0600}
**Subpart 1. Scope.**
An owner or operator of a waste tire facility may use a county held financial assurance mechanism to satisfy the requirements of part 9220.0540.
**Subp. 2. Action by county.**
A county controlling financial assurance for a waste tire facility shall take all actions needed to gain access to the funds available through the financial assurance mechanism when the owner or operator of the waste tire facility has failed to:
A. begin or complete closure as required by the permit or part 9220.0500;
B. provide alternate financial assurance and obtain written approval of the financial assurance from the commissioner and the county within the time period required by part 9220.0580; or
C. fund the standby trust fund within the specified time period as required by part 9220.0620.
**Subp. 3. Action by commissioner.**
In the event that the county has failed to gain access to the funds available through the financial assurance mechanism within 30 days of the owner's or operator's failure to perform as specified in subpart 2, or if the county has failed to use any funds obtained under subpart 2 to close the facility in compliance with the closure plan or part 9220.0490, the commissioner shall be given access to the funds. The county shall take no action that interferes with the commissioner's access to the funds, and shall cooperate with the commissioner if necessary to allow the commissioner to gain access to the funds.
**Subp. 4. Notice.**
In the event that the commissioner takes action under subpart 3, the commissioner shall give notice of this action to the county and all other involved parties, including the owner or operator of the waste tire facility, and any trustee, surety, or letter of credit institution. Failure by the commissioner to give notice does not invalidate the commissioner's actions under subpart 3.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0610** Closure Trust Fund {#sec-9220.0610 omnilex-key=us-mn-regs-official--agency-167--9220.0610}
**Subpart 1. Scope.**
Subparts 2 to 13 apply to closure trust funds. For trust funds held by a county under part 9220.0600, provisions in this part that refer to the commissioner apply to both the commissioner and the county.
**Subp. 2. Establishment of trust fund.**
An owner or operator of a waste tire facility may satisfy the requirements of part 9220.0560 by establishing a closure trust fund that conforms to the requirements of subparts 2 to 13 and by submitting an originally signed duplicate of the trust agreement to the commissioner with the permit application. The trustee shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
**Subp. 3. Wording of trust agreement.**
The commissioner shall approve the form of a trust agreement instrument that contains terms adequate to ensure that financial assurance is provided. The commissioner shall provide a copy of the approved trust agreement instrument with the permit application forms. The owner or operator of the waste tire facility shall use the form provided by the commissioner when establishing a trust fund financial assurance mechanism.
**Subp. 4. Pay-in period.**
The owner or operator shall make annual payments into the trust fund over the period for which the financial assurance is required, hereinafter called the pay-in period. The pay in period must equal five years or the expected operating life of the facility, whichever is shorter.
**Subp. 5. Payments.**
The first payment must be made and a receipt submitted to the commissioner six months after the date the waste tire facility permit is issued. The first payment must at least be equal to the applicable current closure cost estimate, divided by the number of years in the pay-in period. Subsequent payments must be made no later than 30 days after each anniversary date of the first payment. The minimum amount of each subsequent payment must be determined by this formula:
Where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
**Subp. 6. Establishment of trust fund as an alternate financial assurance mechanism.**
If the owner or operator chooses to establish a closure trust fund after having used one or more alternate financial assurance mechanisms in part 9220.0550, the first payment into the trust fund must be at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to specifications of this part as applicable.
**Subp. 7. Additional payments.**
If, after the pay-in period is completed, the sum of the current closure cost estimate changes, the owner or operator shall within 60 days deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate. The owner or operator shall submit a receipt from the trustee for this payment to the commissioner. Alternately, the owner or operator may establish other financial assurance mechanisms as specified in parts 9220.0610 to 9220.0640 to cover the difference.
**Subp. 8. Request for release of excess funds.**
During the operating life of the facility, if the value of the trust fund is greater than the sum of the current closure cost estimate, the owner or operator may submit to the commissioner a written request for release of the amount in excess of the current closure cost estimate covered by the trust fund.
**Subp. 9. Substitution of alternate financial assurance mechanisms.**
If an owner or operator substitutes other financial assurance mechanisms as specified in parts 9220.0610 to 9220.0640 in place of all or part of the trust fund, the owner or operator may submit a written request to the commissioner for release of the amount in excess of the current closure cost estimate covered by the trust fund.
**Subp. 10. Release of funds.**
Within 60 days after receiving a request from the owner or operator for release of funds specified in subpart 8 or 9, the commissioner shall instruct the trustee to release to the owner or operator any funds in excess of the latest closure cost estimate covered by the trust fund.
**Subp. 11. Notification.**
The trust fund instrument must require the trustee to notify the owner or operator and the commissioner by certified mail within ten days following the expiration of the 30-day period after the anniversary of the establishment of the trust if no payment is received from the owner or operator during the period. Within 60 days after receipt by the commissioner of a notice of nonpayment of any payment required by this part, the owner or operator shall:
A. make the required payment;
B. provide alternate financial assurance as specified in this part and obtain the commissioner's written approval of the assurance provided; or
C. stop accepting waste tires and begin closure of the facility.
**Subp. 12. Reimbursement.**
After beginning closure of the waste tire facility, an owner, operator, or other person authorized to perform closure may request reimbursement from the trust fund for completed closure expenditures by submitting itemized bills to the commissioner. Within 60 days after receiving bills for completed closure activities, the commissioner shall determine whether the closure activities were in accordance with the closure plan or otherwise needed to ensure proper closure, and if so, the commissioner shall instruct the trustee to make reimbursement in the amount the commissioner specifies in writing. If the commissioner has reason to believe that the cost of closure will be significantly greater than the value of the trust fund, the commissioner may withhold reimbursement until it is determined, under part 9220.0670, that the owner or operator is no longer required to maintain financial assurance for closure.
**Subp. 13. Termination of trust fund.**
The commissioner shall agree to termination of the trust if:
A. an owner or operator substitutes alternate financial assurance as specified in parts 9220.0610 to 9220.0670; or
B. the commissioner releases the owner or operator from the requirements of this part under part 9220.0670.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0620** Surety Bond Guaranteeing Payment Into a Standby Trust Fund {#sec-9220.0620 omnilex-key=us-mn-regs-official--agency-167--9220.0620}
**Subpart 1. Scope.**
Subparts 2 to 10 apply to surety bonds that guarantee payment into a standby trust fund. For surety bonds held by a county under part 9220.0600, provisions in this part that refer to the commissioner apply to both the commissioner and the county.
**Subp. 2. Surety bond requirements.**
An owner or operator may satisfy the requirements of part 9220.0560 by obtaining a surety bond that conforms to the requirements of subparts 2 to 10 and by submitting the bond to the commissioner. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1.
**Subp. 3. Wording of surety bond.**
The commissioner shall approve the form of a surety bond that contains terms adequate to ensure that financial assurance is provided. The commissioner shall provide a copy of the approved surety bond instrument with the permit application forms. The owner or operator of the waste tire facility must use the form provided by the commissioner when establishing a surety bond financial assurance mechanism.
**Subp. 4. Establishment of standby trust fund.**
The owner or operator who uses a surety bond to satisfy the requirements of part 9220.0560 shall also establish a standby trust fund. The bond shall require the surety to deposit all payments made under the bond directly into the standby trust fund in accordance with instructions from the commissioner. An originally signed duplicate of the trust agreement must be submitted to the commissioner with the surety bond. The standby trust fund must meet the requirements of part 9220.0580, except that compliance with the requirements in items A to D is not required until the standby trust fund is funded under this part:
A. payments into the trust fund as specified in part 9220.0610;
B. updating of the trust agreement to show current closure cost estimates;
C. annual valuations as required by the trust agreement; and
D. notices of nonpayment as required by the trust agreement.
**Subp. 5. Performance guarantee.**
The bond must guarantee that the owner or operator will:
A. pay into the standby trust fund an amount equal to the penal sum of the bond before the beginning of closure of the facility;
B. pay into the standby trust fund an amount equal to the penal sum within 15 days after an order to close the facility is issued by the commissioner, the agency, or court of competent jurisdiction; or
C. provide alternate financial assurance as specified in parts 9220.0610 to 9220.0640 and obtain the commissioner's written approval of the assurance provided, within 90 days after receipt by the commissioner of a notice of cancellation of the bond from the surety.
**Subp. 6. Failure to perform.**
Under the terms of the bond, the surety must become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
**Subp. 7. Penal sum.**
The penal sum of the bond must be at least equal to the sum of the applicable current closure cost estimate.
**Subp. 8. Changes to penal sum.**
Within 60 days of an increase in the sum of the current closure cost estimate to an amount greater than the penal sum, the owner or operator shall either cause the penal sum to be increased to an amount at least equal to the sum of the current closure cost estimate and submit evidence of the increase to the commissioner, or obtain other financial assurance as specified in parts 9220.0610 to 9220.0640 to cover the increase. Whenever the sum of the current closure cost estimate decreases, the penal sum may be reduced to the sum of the current closure cost estimate following written approval by the commissioner.
**Subp. 9. Notification.**
The bond must provide that the surety may cancel the bond only by sending notice of cancellation by certified mail to the owner or operator and the commissioner. The bond must also provide that cancellation is not effective until 120 days after the commissioner has received the notice of cancellation, as evidenced by the return receipt. For a surety bond held by a county under part 9220.0600, the bond must provide a 150-day cancellation period rather than a 120-day period.
**Subp. 10. Cancellation of surety bond.**
The owner or operator may cancel the bond if the commissioner has given prior written consent. The commissioner shall provide written consent if:
A. an owner or operator substitutes alternate financial assurance as specified in parts 9220.0610 to 9220.0640; or
B. the commissioner releases the owner or operator from the requirements of this part in accordance with part 9220.0670.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0630** Letter of Credit {#sec-9220.0630 omnilex-key=us-mn-regs-official--agency-167--9220.0630}
**Subpart 1. Scope.**
Subparts 2 to 11 apply to letters of credit. For letters of credit held by a county under part 9220.0600, provisions in this part that refer to the commissioner apply to both the commissioner and the county.
**Subp. 2. Letter of credit requirements.**
An owner or operator may satisfy the requirements of part 9220.0560 by obtaining an irrevocable letter of credit that conforms to the requirements of subparts 2 to 11, and by submitting the letter to the commissioner. The issuing institution must be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency. An owner or operator of a waste tire facility shall submit the letter of credit to the commissioner with the facility permit application.
**Subp. 3. Wording of letter of credit.**
The commissioner shall approve the form of a letter of credit that contains terms adequate to ensure that financial assurance is provided. The commissioner shall provide a copy of the approved letter of credit instrument with the permit application. The owner or operator of the waste tire facility shall use the form provided by the commissioner when establishing a letter of credit financial assurance mechanism.
**Subp. 4. Establishment of standby trust fund.**
An owner or operator who uses a letter of credit to satisfy the requirements of part 9220.0560 shall also establish a standby trust fund. Under the terms of the letter of credit, the issuing institution shall deposit all amounts paid directly into the standby trust fund in accordance with instructions from the commissioner. An originally signed duplicate of the standby trust fund agreement must be submitted to the commissioner with the letter of credit. The standby trust fund agreement must meet the requirements in part 9220.0610, except that compliance with the following is not required until the standby trust fund is funded under this part:
A. payments into the trust fund as specified in part 9220.0610;
B. updating of Schedule A of the trust agreement to show current closure cost estimates;
C. annual valuations as required by the trust agreement; and
D. notices of nonpayment as required by the trust agreement.
**Subp. 5. Notification.**
The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be extended automatically for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the commissioner by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days must begin on the date when the commissioner received the notice, as evidenced by the return receipt. For a letter of credit held by a county under part 9220.0600, the letter of credit must provide a 150-day expiration period rather than a 120-day period.
**Subp. 6. Amount of credit.**
The letter of credit must be issued in an amount at least equal to the applicable current closure cost estimate.
**Subp. 7. Changes to amount of credit.**
Within 60 days of an increase in the current closure cost estimate to an amount greater than the amount of the credit, the owner or operator shall either cause the amount of the credit to be increased to an amount at least equal to the sum of the current closure cost estimate and submit evidence of the increase to the commissioner, or obtain other financial assurance as specified in parts 9220.0610 to 9220.0640 to cover the increase. Whenever the current closure cost estimate decreases, the amount of the credit may be reduced to the sum of the current closure cost estimate following written approval by the commissioner.
**Subp. 8. Failure to perform.**
The letter of credit must provide that the commissioner may draw on the letter of credit, when the commissioner has determined that the owner or operator has failed to perform closure when required to do so in accordance with the closure plan or part 9220.0500.
**Subp. 9. Failure to establish alternate financial assurance.**
The commissioner shall draw on the letter of credit if the owner or operator does not establish alternate financial assurance as specified in parts 9220.0610 to 9220.0640 and obtain written approval of the alternate assurance from the commissioner within 90 days after the commissioner receives notice that the issuing institution has decided not to extend the letter of credit beyond the current expiration date. The commissioner may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of any extension, the commissioner shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in parts 9220.0610 to 9220.0640 and obtain written approval of the assurance from the commissioner.
**Subp. 10. Termination of letter of credit.**
The commissioner shall return the letter of credit to the issuing institution for termination if:
A. an owner or operator substitutes alternate financial assurance as specified in parts 9220.0610 to 9220.0640; or
B. the commissioner releases the owner or operator from the requirements of this part in accordance with part 9220.0670.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0640** Surety Bond Guaranteeing Performance of Closure for Permitted Facilities {#sec-9220.0640 omnilex-key=us-mn-regs-official--agency-167--9220.0640}
**Subpart 1. Scope.**
Subparts 2 to 11 apply to surety bonds that guarantee performance of closure. Surety bonds that guarantee performance of closure can only be used for permitted facilities with approved closure plans. For surety bonds held by a county under part 9220.0600, provisions in this part that refer to the commissioner apply to both the commissioner and the county.
**Subp. 2. Surety bond requirements.**
An owner or operator may satisfy the requirements of part 9220.0560 by obtaining a surety bond that conforms to the requirements of subparts 2 to 11 and by submitting the bond to the commissioner. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1. The owner or operator of a waste tire facility shall submit the bond to the commissioner with the permit application.
**Subp. 3. Wording of performance bond.**
The commissioner shall approve the form of a surety bond guaranteeing performance of closure that contains terms adequate to ensure that financial assurance is provided. The commissioner shall provide a copy of the approved performance bond instrument with the permit application forms. The owner or operator of the waste tire facility shall use the form provided by the commissioner when establishing a surety bond guaranteeing performance of closure financial assurance mechanism.
**Subp. 4. Establishment of standby trust fund.**
The owner or operator who uses a surety bond to satisfy the requirements of part 9220.0560 shall also establish a standby trust fund. The bond must require the surety to deposit all payments made under the bond directly into the standby trust fund in accordance with instructions from the commissioner. An originally signed duplicate of the standby trust fund agreement must be submitted to the commissioner with the surety bond. The standby trust fund must meet the requirements of part 9220.0610, except that compliance with the following requirements is not required until the standby trust fund is funded under this part:
A. payments into the trust fund as specified in part 9220.0610;
B. updating of the trust agreement to show current closure cost estimates;
C. annual valuations as required by the trust agreement; and
D. notices of nonpayment as required by the trust agreement.
**Subp. 5. Performance guarantee.**
The bond must guarantee that the owner or operator will:
A. perform closure in accordance with the closure plan, and other requirements of the permit for the facility whenever required to do so; or
B. provide alternate financial assurance as specified in parts 9220.0610 to 9220.0640 and obtain the commissioner's written approval of the assurance provided, within 90 days after receipt by the commissioner of a notice of cancellation of the bond from the surety.
**Subp. 6. Failure to perform.**
Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond as determined by the commissioner.
**Subp. 7. Penal sum.**
The penal sum of the bond must be at least equal to the applicable current closure cost estimate.
**Subp. 8. Changes to penal sum.**
Within 60 days of an increase in the sum of the current closure cost estimate to an amount greater than the penal sum, the owner or operator shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of the increase to the commissioner, or obtain other financial assurance specified in parts 9220.0610 to 9220.0640. Whenever the sum of the current closure cost estimate decreases, the penal sum may be reduced to the current closure cost estimate following written approval of the commissioner.
**Subp. 9. Notification.**
The bond must provide that the surety may cancel the bond only by sending notice of cancellation by certified mail to the owner or operator and to the commissioner. The bond must also provide that cancellation shall not be effective until 120 days after the commissioner has received the notice of cancellation as evidenced by the return receipt. For a surety bond held by a county under part 9220.0600, the bond must provide a 150-day cancellation period rather than a 120-day period.
**Subp. 10. Cancellation of surety bond.**
The owner or operator may cancel the bond if the commissioner has given prior written consent. The commissioner shall provide written consent if:
A. an owner or operator substitutes alternate financial assurance as specified in parts 9220.0610 to 9220.0640; or
B. the commissioner releases the owner or operator from the requirements of this part in accordance with part 9220.0680.
**Subp. 11. Limitation on liability.**
The surety is not liable for deficiencies in the owner's or operator's performance of closure after the commissioner releases the owner or operator from the requirements of this part in accordance with part 9220.0670.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0650** Use of Multiple Financial Assurance Mechanisms {#sec-9220.0650 omnilex-key=us-mn-regs-official--agency-167--9220.0650}
An owner or operator may satisfy the requirements of part 9220.0560 by establishing more than one financial assurance mechanism per waste tire facility. These mechanisms are limited to trust funds, surety bonds guaranteeing payment into a trust fund, and letters of credit. The mechanisms must be established as specified in parts 9220.0610, 9220.0620, and 9220.0630, except that it is the combination of mechanisms, rather than a single mechanism, that must provide financial assurance at least equal to the sum of the current closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or letter of credit, the owner or operator may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The commissioner may use any or all of the financial assurance mechanisms to provide for closure of the facility.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0660** Use of Financial Assurance Mechanisms for Multiple Waste Tire Facilities {#sec-9220.0660 omnilex-key=us-mn-regs-official--agency-167--9220.0660}
An owner or operator may use a financial assurance mechanism specified in parts 9220.0610 to 9220.0640 to meet the requirements of part 9220.0560 for more than one waste tire facility. Evidence of financial assurance submitted to the commissioner must include a list showing, for each facility, the name, address, and the amount of funds for closure assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. When directing disbursement of funds for closure at any of the facilities covered by the mechanism, the commissioner shall direct that only the amount of funds designated for that facility be disbursed unless otherwise agreed to by the owner or operator.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0670** Release of Owner or Operator from Financial Assurance Requirements {#sec-9220.0670 omnilex-key=us-mn-regs-official--agency-167--9220.0670}
When an owner or operator has completed, to the satisfaction of the commissioner, all closure requirements in accordance with the closure plan or other closure requirements, the commissioner shall notify the owner or operator in writing that financial assurance for closure of the waste tire facility is no longer required.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0680** Incapacity of Owners or Operators, Guarantors, or Financial Institutions {#sec-9220.0680 omnilex-key=us-mn-regs-official--agency-167--9220.0680}
**Subpart 1. Notification of bankruptcy.**
An owner or operator shall notify the commissioner by certified mail of the commencement of a voluntary or involuntary proceeding under United States Code, title II, Bankruptcy, naming the owner or operator as a debtor, within ten days after commencement of the proceeding.
**Subp. 2. Incapacity of financial institution.**
An owner or operator who fulfills the requirements of part 9220.0560 by obtaining a trust fund, surety bond, or letter of credit will be considered to be without the required financial assurance in the event of bankruptcy of the trustee or issuing institution; or in the event that the authority of the trustee to act as trustee is revoked or suspended; or in the event that the institution's authority to issue the surety bond or letter of credit is revoked or suspended. The owner or operator shall establish other financial assurance within 60 days after such an event.
**History**
- *Statutory Authority: MS s 115A.914*
- *History: 12 SR 2513; L 1999 c 73 s 5*
##### **Minn. R. 9220.0800** Repealed by subpart {#sec-9220.0800 omnilex-key=us-mn-regs-official--agency-167--9220.0800}
**Subpart 1.**
[Repealed, L 2002 c 382 art 1 s 6]
**Subp. 2.**
[Repealed, L 2002 c 382 art 1 s 6]
**Subp. 3.**
[Repealed, L 2002 c 382 art 1 s 6]
**Subp. 4.**
[Repealed, L 2002 c 382 art 1 s 6]
**Subp. 4a.**
[Repealed, L 2002 c 382 art 1 s 6]
**Subp. 5.**
[Repealed, L 2002 c 382 art 1 s 6]
**Subp. 6.**
[Repealed, 15 SR 1597]
**Subp. 7.**
[Repealed, L 2002 c 382 art 1 s 6]
**Subp. 8.**
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0805** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0805 omnilex-key=us-mn-regs-official--agency-167--9220.0805}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0810** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0810 omnilex-key=us-mn-regs-official--agency-167--9220.0810}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0815** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0815 omnilex-key=us-mn-regs-official--agency-167--9220.0815}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0820** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0820 omnilex-key=us-mn-regs-official--agency-167--9220.0820}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0825** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0825 omnilex-key=us-mn-regs-official--agency-167--9220.0825}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0830** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0830 omnilex-key=us-mn-regs-official--agency-167--9220.0830}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0835** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0835 omnilex-key=us-mn-regs-official--agency-167--9220.0835}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0900** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0900 omnilex-key=us-mn-regs-official--agency-167--9220.0900}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0905** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0905 omnilex-key=us-mn-regs-official--agency-167--9220.0905}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0910** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0910 omnilex-key=us-mn-regs-official--agency-167--9220.0910}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0915** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0915 omnilex-key=us-mn-regs-official--agency-167--9220.0915}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0920** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0920 omnilex-key=us-mn-regs-official--agency-167--9220.0920}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0925** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0925 omnilex-key=us-mn-regs-official--agency-167--9220.0925}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0930** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0930 omnilex-key=us-mn-regs-official--agency-167--9220.0930}
[Repealed, L 2002 c 382 art 1 s 6]
##### **Minn. R. 9220.0935** [Repealed, L 2002 c 382 art 1 s 6] {#sec-9220.0935 omnilex-key=us-mn-regs-official--agency-167--9220.0935}
[Repealed, L 2002 c 382 art 1 s 6]
## **Chapter 9400** WATER TREATMENT CERTIFICATION
##### **Minn. R. 9400.0100** Definitions {#sec-9400.0100 omnilex-key=us-mn-regs-official--agency-167--9400.0100}
**Subpart 1. Scope.**
Terms used in this chapter that are defined in Minnesota Statutes, chapters 115 and 116, have the meanings given in statute. For purposes of this chapter, the terms defined in this part have the meanings given them.
**Subp. 2. Agency.**
"Agency" means the Minnesota Pollution Control Agency.
**Subp. 2a. Contact hour.**
"Contact hour" means 50 to 60 minutes of lecture, demonstration, workshop, or continuing education or training, excluding coffee breaks, registration, meals, and social activities.
**Subp. 3. Department.**
"Department" means the Minnesota Department of Health.
**Subp. 3a. Direct responsibility.**
"Direct responsibility" means the water or wastewater operator having full and active responsibility for the operation of a portion of, or all of, a system, facility, or wastewater collection system.
**Subp. 4. Facility.**
"Facility" means wastewater treatment facility as defined in Minnesota Statutes, section 115.71.
**Subp. 4a. Management.**
"Management" means persons who direct or supervise the operation of a system or facility. Management also refers to shift operators who make operational decisions or operate systems or facilities without supervision from a supervisor.
**Subp. 4b. Operation.**
"Operation" means the routine performance of duties at a system or facility to achieve results that meet existing state laws and rules pertaining to water and wastewater.
**Subp. 5.**
[Repealed, 21 SR 1165]
**Subp. 5a. Point-of-entry treatment device.**
"Point-of-entry treatment device" means a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.
**Subp. 5b. Point-of-use treatment device.**
"Point-of-use treatment device" means a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap.
**Subp. 6.**
[Repealed, 21 SR 1165]
**Subp. 7. System.**
"System" means a water supply system as defined in Minnesota Statutes, section 115.71.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165; 25 SR 1633*
##### **Minn. R. 9400.0200** Scope {#sec-9400.0200 omnilex-key=us-mn-regs-official--agency-167--9400.0200}
This chapter establishes the requirements for:
A. individuals to be certified as water or wastewater treatment operators; and
B. the classification of systems and facilities.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165*
##### **Minn. R. 9400.0300** [Repealed, 21 SR 1165] {#sec-9400.0300 omnilex-key=us-mn-regs-official--agency-167--9400.0300}
[Repealed, 21 SR 1165]
##### **Minn. R. 9400.0350** Certification {#sec-9400.0350 omnilex-key=us-mn-regs-official--agency-167--9400.0350}
A. A water operator certificate to operate a community or nontransient noncommunity water system must be issued by the commissioner of health.
B. A wastewater operator certificate to operate a wastewater treatment facility must be issued by the commissioner of the Pollution Control Agency.
C. A city manager, superintendent of public works, or other administrative official is not eligible to be certified as an operator unless that person's duties include the operation of the system or facility.
**History**
- *Statutory Authority: MS s 115.72*
- *History: 21 SR 1165; 25 SR 1633*
##### **Minn. R. 9400.0400** Classification of Systems {#sec-9400.0400 omnilex-key=us-mn-regs-official--agency-167--9400.0400}
**Subpart 1. Basis.**
The classification of all systems must be based on the degree of hazard to the public health, together with the type and capacity of the system and the population affected.
**Subp. 1a. Operator availability.**
All systems must have a certified water supply system operator as specified in Minnesota Statutes, sections 115.71, subdivision 10, and 115.73. This person, or an operator certified at the same level or above, must be available on site or able to be contacted as needed to initiate an appropriate action in a timely manner.
**Subp. 2. Rating values.**
The classification of a system must be based on the following rating values:
A. water supply source:
B. treatment processes:
C. distribution storage capacity:
D. number of wells:
E. population affected:
**Subp. 3. Accumulated value.**
The accumulated point values for systems are as follows:
A. Class A, 76 or more points;
B. Class B, 56 to 75 points;
C. Class C, 31 to 55 points;
D. Class D, 30 or less points; and
E. Class E, regardless of point values, any system comprised of a groundwater source with no treatment other than point-of-entry or point-of-use treatment devices not used for compliance with the federal Safe Drinking Water Act, United States Code, title 42, sections 300f to 300j-26 (1996 and as subsequently amended), serving a maximum of 500 persons.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165; 25 SR 1633*
##### **Minn. R. 9400.0500** Classification of Facilities {#sec-9400.0500 omnilex-key=us-mn-regs-official--agency-167--9400.0500}
**Subpart 1. Basis.**
The classification of all wastewater treatment facilities actually used or intended for use by the public and required to have permits under part 7080.0030, subpart 1a, for individual sewage treatment systems or chapter 7001, must be based on the degree of hazard to the public health, together with the type and loading of the facilities and the population served or the average population equivalent of the wastewater handled.
**Subp. 2. Rating values.**
Facility classification must be based on the following rating values:
A. size:
B. permit final effluent limitations:
C. variation in raw wastes based upon maximum month design values:
D. liquids handling:
E. solids handling:
F. laboratory monitoring:
**Subp. 3. Accumulated values.**
A. The accumulated point values for wastewater treatment facilities are as follows:
B. Notwithstanding item A, a facility that is given points for processes in subpart 2, item D, subitem (9), (10), (11), or (16), must be classified as a Class C facility or higher.
**Subp. 4. Type S facility.**
A type S treatment facility means a system of collection, pumping, and conveyance facilities distinctly separate in operation from a facility which treats, stabilizes, or disposes of the wastewater collected, pumped, or conveyed.
A. Where a type S facility is not distinctly separate, it is considered to be part of the treatment facility for which the designated operator is responsible.
B. A type S treatment facility must be subclassified as follows:
**History**
- *Statutory Authority: MS s 115.03; 115.55; 115.56; 115.72; 115.79*
- *History: 21 SR 1165; 24 SR 426; 25 SR 1633*
##### **Minn. R. 9400.0600** Reclassifying Systems or Facilities {#sec-9400.0600 omnilex-key=us-mn-regs-official--agency-167--9400.0600}
**Subpart 1. Reclassification.**
When the accumulated point value necessitates a change in the classification of a system or facility, the commissioner of health shall modify the classification of a system or the commissioner of the pollution control agency shall modify the classification of a facility according to parts 9400.0400 and 9400.0500.
**Subp. 2. Implementation.**
Reclassification must be made:
A. after completion of a system sanitary survey by the commissioner of health; or
B. at the time of issuance or reissuance of a facility permit by the commissioner of the pollution control agency.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165; 25 SR 1633*
##### **Minn. R. 9400.0700** Certification of System and Facility Operators {#sec-9400.0700 omnilex-key=us-mn-regs-official--agency-167--9400.0700}
**Subpart 1.**
[Repealed, 21 SR 1165]
**Subp. 2. Certification in particular class.**
An applicant who seeks certification must:
A. meet the qualifications for one of the classes specified in this part and take and pass an exam; or
B. meet the requirements for reciprocity under part 9400.1350.
**Subp. 3. Class A certificate.**
An applicant for a Class A certificate must:
A. have been certified as a Class B operator for at least two years; and
B. have:
**Subp. 4. Class B certificate.**
An applicant for a Class B certificate must:
A. have been certified as a Class C operator for at least one year; and
B. have:
**Subp. 5. Class C certificate.**
An applicant for a Class C certificate must have:
A. a high school diploma or equivalent, with at least three years experience in the operation of a Class A, B, C, or D system or facility, or similar industrial facility; or
B. a bachelor's degree from an accredited institution in chemical, civil, environmental, mechanical, or sanitary engineering or in a physical or biological science, and submit satisfactory evidence of at least one year experience in the operation of a Class A, B, C, or D system or facility, or similar industrial facility.
**Subp. 6. Class D certificate.**
An applicant for a Class D certificate must:
A. have a high school diploma or equivalent; and
B. have:
**Subp. 6a. Class E certificate.**
An applicant for a Class E certificate must:
A. have a high school diploma or equivalent; and
B. have:
**Subp. 7. Type S certificate.**
An applicant for a type S wastewater treatment certificate must possess the same education and experience required for a regular wastewater certificate in the same class, except experience must have been gained in a facility or type S facility and:
A. an applicant for an S-A type certificate must have been certified as an S-B or B facility operator for at least two years; or
B. an applicant for a type S-B certificate must have been certified as an S-C or C facility operator for at least one year.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165; 25 SR 1633*
##### **Minn. R. 9400.0800** Substitutions for Qualifications {#sec-9400.0800 omnilex-key=us-mn-regs-official--agency-167--9400.0800}
**Subpart 1. Experience in a system or type S facility substituted for experience in a facility.**
When a person applies for a certificate to operate a facility, at least 50 percent of the experience required in part 9400.0700 for the class of certificate requested must have been obtained in a facility. The other 50 percent may be obtained in a type S facility or a system. The classification of the type S facility or system the applicant operated must not be more than one class below the class of certificate requested.
**Subp. 1a. Experience in a facility substituted for experience in a system.**
When a person applies for a certificate to operate a system, at least 50 percent of the experience required in part 9400.0700 for the class of certificate requested must have been obtained in a system. The other 50 percent may be obtained in a facility, but not in a type S facility. The classification of the facility the applicant operated must not be more than one class below the class of certificate requested.
**Subp. 2. Education substituted for experience.**
A person who applies for a Class A, S-A, B, S-B, C, or S-C certificate may substitute education for experience according to the formula in this subpart.
A. Except as noted in item B, the experience required in part 9400.0700, subparts 2 to 7, will be reduced by one month for the successful completion of 40 contact hours of correspondence courses or other courses relating to water supply or wastewater treatment from an accredited institution in chemical, civil, environmental, mechanical, or sanitary engineering or in the physical or biological sciences.
B. In no event shall such education be substituted for experience so as to reduce the experience requirement to:
**Subp. 3. Experience substituted for education.**
One year of experience in the operation of a system or facility may be considered as equivalent to one year of high school. Experience which is substituted for education cannot also be used to satisfy the experience requirements.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165; 25 SR 1633*
##### **Minn. R. 9400.0900** Application for Examination {#sec-9400.0900 omnilex-key=us-mn-regs-official--agency-167--9400.0900}
**Subpart 1. Form and time.**
Application for examination must be made in writing to the commissioner of health for certification to operate a system or to the commissioner of the Pollution Control Agency for certification to operate a facility on a prescribed form issued by the department or agency administering the examination. The application for examination must be submitted at least 15 days before the date on which the examination will be given.
**Subp. 2. Proof of attendance.**
The applicant may be required to submit a copy of the school or college diploma, equivalency certificate, or other proof of school or college attendance or graduation if the applicant is substituting educational experience for operating experience.
**Subp. 3. Examination fee.**
A nonrefundable examination fee must accompany the application.
**Subp. 4. Application for examination.**
An applicant who applies for examination but fails to satisfy all the conditions prescribed in parts 9400.0100 to 9400.1500 may reapply for examination as described in subparts 1 to 3 when all conditions are satisfied.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165*
##### **Minn. R. 9400.1000** Examinations {#sec-9400.1000 omnilex-key=us-mn-regs-official--agency-167--9400.1000}
**Subpart 1. Preparation.**
The respective commissioner shall prepare the examinations to be used in determining the knowledge, ability, and skills of operators.
**Subp. 2. Examination.**
Separate examinations must be prepared for each designated system and facility class to cover basic differences in the duties and responsibilities of operators, types of water and wastewater treatment, variations in water and wastewater characteristics, water distribution systems, and wastewater collection systems. The examination must test the applicant's knowledge in any one or more of the following areas, as they relate to either water or wastewater treatment: basic science, mathematics, operating procedures, treatment processes, equipment, equipment maintenance, management, and state law and rules relating to water and wastewater. The applicant is prohibited from using any resource materials during an examination.
**Subp. 3.**
[Repealed, 21 SR 1165]
**Subp. 4.**
[Repealed, 21 SR 1165]
**Subp. 5. Passing.**
A grade of 70 percent is considered a passing grade.
**Subp. 6. Results; review.**
The respective commissioner shall notify the applicant of the exam results. Examinations will not be returned to the applicant, but upon request within 60 days' notification of the results, the applicant may be allowed to review the examination.
**Subp. 7. Reexamination.**
An applicant who fails to pass the examination may not retake the same examination for a period of three months.
**Subp. 8. Certificate fee.**
The applicant must submit the certification fee within 90 days after written notification of positive results of the examination. If an applicant fails to submit the certification fee within 90 days, the applicant must apply for reexamination as in part 9400.0900.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165; 25 SR 1633*
##### **Minn. R. 9400.1100** Issuance of Certificates {#sec-9400.1100 omnilex-key=us-mn-regs-official--agency-167--9400.1100}
Certificates shall be issued by the commissioner of health for water operator certificates, or the commissioner of the Pollution Control Agency for wastewater operator certificates, when all the conditions prescribed in parts 9400.0100 to 9400.1500 have been satisfied.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165*
##### **Minn. R. 9400.1200** Renewal of Certificates {#sec-9400.1200 omnilex-key=us-mn-regs-official--agency-167--9400.1200}
**Subpart 1. Minimum requirements.**
A certificate in any given classification must be renewed within 30 days after its expiration date. A renewal certificate will be issued upon receipt of the application, renewal fee, and evidence of the fact that the operator has, during the preceding three years, obtained credit as described in subpart 4 or 5, for the number of hours specified in the following schedule:
A. Class A and S-A, 32 contact hours;
B. Class B and S-B, 24 contact hours;
C. Class C and S-C, 16 contact hours;
D. Class D and S-D, 8 contact hours; and
E. Class E, 4 contact hours.
**Subp. 2.**
[Repealed, 21 SR 1165]
**Subp. 3. Accredited courses and activities.**
The respective commissioner shall prepare and make available a list of accredited training courses and approved educational activities for which credit may be obtained.
**Subp. 4. Water operator certificate renewal.**
When a person applies to renew a water operator certificate, at least 50 percent of the contact hours required for renewal in subpart 1 must be from water-related courses approved by the commissioner of the department. The other 50 percent may be from wastewater or other related courses approved by the commissioner of the department, provided that the course or portion of the course has been approved by the commissioner of health.
**Subp. 5. Wastewater operator certificate renewal.**
When a person applies to renew a wastewater operator certificate, at least 50 percent of the contact hours required for renewal in subpart 1 must be from wastewater-related courses approved by the commissioner of the agency. The other 50 percent may be from water or other related courses approved by the commissioner of the agency, provided that the course or portion of the course has been approved by the commissioner of the Pollution Control Agency.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165; 25 SR 1633*
##### **Minn. R. 9400.1300** Reinstatement and Recertification {#sec-9400.1300 omnilex-key=us-mn-regs-official--agency-167--9400.1300}
**Subpart 1. Application.**
A person whose certificate has expired may apply to the commissioner of health, for reinstatement of a water operator certificate, or to the commissioner of the Pollution Control Agency for reinstatement of a wastewater operator certificate. An applicant's certificate may only be reinstated to the class of the certificate which had expired. Before a certificate will be issued, such person must submit the following: the application for reinstatement; the nonrefundable fee for a reinstatement certificate; and evidence of the fact that the person has complied with the continuing education requirements imposed in part 9400.1200, subpart 1, during the entire time since the expired certificate was last issued or renewed.
**Subp. 2. Denial.**
A person who is denied reinstatement who wants to be recertified must follow the procedures for a new applicant specified in parts 9400.0900 and 9400.1000. The nonrefundable reinstatement fee shall be considered the fee for application of examination.
**Subp. 3. Time.**
A person may apply for reinstatement up to one year after expiration of the previous certificate. If more than one year has elapsed from the expiration of the certificate, a person must apply for the certificate as specified in parts 9400.0900 and 9400.1000.
**Subp. 4. Reinstatement after suspension.**
The commissioner of health or the commissioner of the Pollution Control Agency respectively will reinstate a suspended certificate if the individual whose certificate has been suspended fulfills the terms of the suspension order and meets all applicable requirements of the rules for obtaining a certificate.
**Subp. 5. Revocation.**
An individual whose certificate has been revoked according to Minnesota Statutes, section 144.99, subdivisions 8 to 10, may not apply for certification before the expiration date of the revocation order or for at least one year following the written notice of revocation.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165; 25 SR 1633*
##### **Minn. R. 9400.1350** Reciprocity {#sec-9400.1350 omnilex-key=us-mn-regs-official--agency-167--9400.1350}
According to Minnesota Statutes, section 115.76, when a person who has a certificate in another state applies for certification as a water or wastewater operator, a determination will be made by the respective commissioner as to whether the applicant is eligible for certification and for what class of facility or system. The certification requirements of the other state must not be in conflict with Minnesota Statutes, sections 115.71 to 115.77, and must be of a standard not lower than those in this chapter.
A. If the certification requirements of the other state are not in conflict with Minnesota Statutes, sections 115.71 to 115.77, and are of a standard not lower than those in this chapter, the applicant must be granted a certificate.
B. If the certification requirements of the other state are in conflict with Minnesota Statutes, sections 115.71 to 115.77, and are of a standard lower than those in this chapter, the applicant must be notified in writing by the respective commissioner of those areas which were not equivalent and what, additionally, the applicant must do to meet the standards in this chapter.
C. The nonrefundable reciprocity fee shall be considered the fee for application of examination if the applicant is denied a certificate through reciprocity.
**History**
- *Statutory Authority: MS s 115.72*
- *History: 21 SR 1165*
##### **Minn. R. 9400.1400** [Repealed, 21 SR 1165] {#sec-9400.1400 omnilex-key=us-mn-regs-official--agency-167--9400.1400}
[Repealed, 21 SR 1165]
##### **Minn. R. 9400.1500** Conditional Certificate {#sec-9400.1500 omnilex-key=us-mn-regs-official--agency-167--9400.1500}
**Subpart 1. Purpose and eligibility.**
The purpose of the conditional certificate is to allow the current operator with direct responsibility of a system or facility time to gain necessary years of experience after passing all required examinations for the operator to achieve certification at the facility's higher class level. The operator of a system or facility that is reclassified to a higher class pursuant to part 9400.0600 shall be issued a conditional certificate in the higher class that is effective for three years from the date of issue when the following conditions are met:
A. the operator is a current operator with direct responsibility;
B. the operator has worked as the operator with direct responsibility at the same system or facility a minimum of 12 consecutive months prior to application for the conditional certificate; and
C. the applicant passes all exams required for the higher class in sequence (D, C, B, and A) and prior to startup of any system or facility upgrades that are related to the change in class.
**Subp. 2.**
[Repealed, 37 SR 327]
**Subp. 3.**
[Repealed, 25 SR 1633]
**Subp. 4.**
[Repealed, 37 SR 327]
**Subp. 5. Issuance and renewal.**
At the time of issuance, a conditional certificate must specify that the current operator with direct responsibility named therein is certified to operate only the system or facility for which the conditional certificate is issued. Before renewal of the conditional certificate is granted, an operator with a conditional certificate must provide proof of attendance at training applicable to the specified system or facility, in accordance with the training requirements in part 9400.1200.
**Subp. 6. Conditional certificate with no alterations.**
If there were no alterations to the system or facility upon reclassification, a conditional certificate shall be granted to the current operator for the specific system or facility upon application without examination. If an operator with direct responsibility ends employment serving the system or facility, the conditional certificate is no longer valid and the operator's certification reverts to the operator's original certificate level.
**Subp. 7. Suspension or revocation of conditional certificate.**
The agency or department may suspend, place conditions on, or revoke a conditional certificate according to Minnesota Statutes, section 144.99.
**Subp. 8. Denial of or refusal to reissue conditional certificate.**
The agency's or department's denial of or refusal to reissue a conditional certificate must comply with Minnesota Statutes, section 144.99.
**History**
- *Statutory Authority: MS s 115.72; 115.79*
- *History: 21 SR 1165; 25 SR 1633; 37 SR 327*Continue your research in ChatGPT or Claude
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