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Title: Air -Capped Permits (Option 1 or 2)
Alternate Title:
Description: Minnesota Pollution Control Agency (MPCA)
Subject: Air Emissions
Creation Date: 8/3/2009 9:18:57 AM
Modification Date: 9/11/2019 1:17:55 PM
Agency Name: Pollution Control Agency (MPCA), Minnesota
Agency URL:
Agency Description: The Minnesota Pollution Control Agency is responsible for administering environmental permitting, compliance/enforcement, remediation and outreach programs to help Minnesota protect its environment.
Agency Phone: 651-296-6300
Agency Fax: Agency URL:
Agency Address:
520 Lafayette Rd. N.

St. Paul
MN 55155

Unit Name: Business Environmental Assistance Program
Unit URL:
Unit Description:
Unit Phone: 651-282-6143
Unit Fax: Contact person(s): Unit URL:
Audience: Hold Application URL:
Renewal URL:
Versa URL:

Minn. Rules 7007.0200 and Minn. Rules 7007.0250 specify the facilities requiring an air emissions permit. Construction of a new source meeting those specifications must receive an air emissions permit prior to commencement of construction. In some cases, Environmental Review (Minn. Rules 4410) is required before a permit can be issued. Minn. Rules 7007.1140-.1148 and the MPCA's Capped Permit Application Forms Master List and General Instructions web page describes who may be eligible for a Capped Permit. A Facility needs to determine if a permit is required, based on potential emissions and/or actual emissions, and the type of facility described in Minn. Rules 7007.0200, and apply for the appropriate type.

Capped Permits are for non-complex facilities with actual emissions no greater than 90% of federal permitting thresholds and that do not require site-specific permit conditions. Capped Permits allow facilities to make physical and operational changes without the need for advanced MN Pollution Control Agency approval or permit amendment as long as the facility remains eligible for the permit.

Facilities that do not qualify for a Capped Permit or who prefer not to accept the restriction of a Capped Permit must obtain an Individual Part 70 Operating Permit or State Operating Permit. A facility is not eligible for a Capped Permit if a sector-based state general permit is available for the facility.

Only one Air Emissions Permit is required for a facility; it covers construction and operation. The type depends on the individual facility.

Rules: 7002

Statutes: 116.07


Application forms are available at Permit forms and online submittals

Fact sheets are available at Air fact sheets


Air permit fees

There is also a fee assessed for an administrative change; for example, a change in ownership or name change.

Annual fees for holders of Capped Permits are assessed based on a facility's actual emissions of the chargeable pollutants, as reported in an annual emissions inventory.

Air emission-based fees are charged on a "dollar per ton of emissions" basis. For more information on how air emission-based fees are calculated, go to Emission Inventory Fees

Period of Issuance:

Capped Permits are state permits, and they are non-expiring.

Length of Determination: It is recommended that an application for an air emission permit for any new facility be filed at least 180 days before the planned start of construction. However, the MPCA's goal is to issue Capped Permits within 90 days of receipt of a completed application. There is a 30 day public notice for Capped Permits that follows the receipt of the application.
Other Info:
Activity: Air Quality
Asphalt Production Facilities
License Detail URL:



Minnesota Pollution Control Agency (MPCA)

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