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In late 2014, the Minnesota Pollution Control Agency (MPCA)
shared a preliminary draft of its silica sand facility rules. The MPCA made
changes and is now seeking feedback on a revised preliminary draft of rule
language available at this link: https://www.pca.state.mn.us/air/mpca-rulemaking-silica-sand.
Updated Preliminary
Draft Rules
Originally, the MPCA intended to tie requirements to the
types of activities or equipment found at a facility. The MPCA now believes it
is more practical to tie requirements to the amount of silica sand shipped.
This helps us focus the rules on the initial extraction and processing of
silica sand, not on local periodic needs such as farming, construction, or
manufacturing industries that may consume sand as part of their processes.
The current draft creates two “tiers” of industrial-scale
silica sand facilities. A Tier 1 facility ships a certain minimum amount of
silica sand and is subject to relatively basic requirements related to dust
control and recordkeeping. A Tier 2 facility ships a higher minimum amount of
silica sand and is subject to all of the Tier 1 requirements plus additional
requirements that are focused on emission limits from stacks. Facilities in
either tier would be required to get an individual air emission permit.
Feedback and Next
Steps
We would especially appreciate your feedback on the
appropriate thresholds for designating Tier 1 and Tier 2 facilities. We are
currently considering any facility shipping 200 tons of silica sand in any
calendar day for Tier 1 designation, and any facility shipping 500 tons in any
calendar day for Tier 2 designation. We believe that these thresholds will
regulate a high percentage of all of the silica sand produced in Minnesota
(> 95%). Any facility shipping this amount of sand must have an MPCA permit and
comply with all applicable Minnesota air quality rules. We believe that permitting
would proceed normally for tiered facilities, but would appreciate any feedback
thereon.
In addition to general feedback, we invite feedback on the language
requiring monitoring for total suspended particulate (TSP) and for up to 4
micron diameter silica particulate matter (PM4) at those facilities
that must undergo environmental review. Does using an environmental review requirement
as a threshold for this monitoring cover appropriate facilities? If not, are
other thresholds more appropriate? Any information about the anticipated cost
of monitoring are also appreciated.
Please send any feedback to Nathan Cooley by April 1, 2016:
E-mail: nathan.cooley@state.mn.us,
Phone: 651-757-2290, or
Address: MPCA, 520 Lafayette Road, St. Paul, MN 55155
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