Comment submitted by Minnesota Pollution Control Agency (MPCA)

Summary: The Minnesota Pollution Control Agency (MPCA) opposes the proposed rule, arguing that it reduces regulatory certainty, contains ambiguous language, and diminishes the effectiveness of the New Source Review (NSR) program. They specifically express concern that allowing certain construction activities before permit issuance could lead to "sham permitting," create "equity in the ground" arguments to bypass Best Available Control Technology (BACT) requirements, and erode public trust in the regulatory process.