The owner or operator of a commodity facility must:
clean up commodities spilled on the driveway and other facility property as required to minimize fugitive emissions to a level consistent with RACT; and
maintain air pollution control equipment in proper operating condition and use the air pollution control systems as designed.
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.
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 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;
a discharge of fugitive emissions that exhibit greater than ten percent opacity from a truck loading station;
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;
a discharge of particulate matter from control equipment that exhibits greater than ten percent opacity; or
a discharge of particulate matter from control equipment that has a collection efficiency of less than 80 percent by weight.
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.
MS s 116.07
8 SR 1675; 18 SR 580; 18 SR 614; 23 SR 2224; 32 SR 904; 44 SR 1030
April 16, 2020
Official Publication of the State of Minnesota
Revisor of Statutes