MINNESOTA ENVIRONMENTAL QUALITY BOARD
Notice of Intent to Adopt Rules
under the Good Cause Exemption, Minnesota
Statutes Section 14.388, Subdivision 1, Clause 3
Proposed
Exempt Rules Relating to the Rules Governing Environmental Review, Minnesota Rules, chapter 4410
Introduction:
The Minnesota Environmental Quality
Board (EQB) intends to adopt amendments to rules under the good cause exemption
rulemaking process in the Administrative Procedure Act, Minnesota Statutes, § 14.388, subdivision 1, clause 3, and the
rules of the Office of Administrative Hearings, Minnesota Rules, part 1400.2400. These rule amendments will
incorporate several statutory amendments mandated through the 2011 and 2012
legislative sessions.
Interested parties have five business days after the
date of this notice to submit comment to the Office of Administrative Hearings.
You may submit comment until 4:30 p.m. on August 31, 2012. The EQB requests
that any person submitting comment to the Office of Administrative Hearings
also submit a copy of the comment to the EQB’s contact person, Carol Nankivel,
whose contact information is provided below.
Subject
of the Proposed Exempt Rule Amendments and Statutory Authority: The proposed exempt rule amendments will amend Minnesota Rule, ch. 4410 in a number of
areas. The rule amendments are
summarized as follows:
1.
Addition of “Iron
Range resources and rehabilitation” to the list of entities that are excluded
from consideration under the definition of “governmental unit”. (Minnesota Laws, 2011, Chapter 4, Section
5)
2.
Addition of
requirements regarding notification of the public availability of an
Environmental Assessment Worksheet. (Minnesota
Laws, 2012, Chapter 272, Section 76)
3.
Addition of a provision to allow the proposer
of a project to submit a preliminary draft Environmental Impact Statement. (Minnesota Laws, 2011, Chapter 4, Section
6)
4.
Changes to the
number of days a responsible governmental unit has to make a determination of
adequacy of a final Environmental Impact Statement (from “90 days” to “30
days”.)(Minnesota Laws 2011, Chapter 4, Section 7)
5.
Changes to allow
a responsible governmental unit to assess costs for the review of Environmental
Impact Statements. (Minnesota Laws 2011, Chapter 4, Sections 9 and 10)
6.
Changes to the
number and qualifications of persons who may petition for an Environmental
Assessment Worksheet (from “25 individuals” to “100 individuals who reside or
own property in the state”.) (Minnesota
Laws, 2011, Chapter 107, section 87)
Good
Cause Exempt Rulemaking Process: The
EQB intends to use the good cause exempt rulemaking process provided in Minnesota Statutes, section 14.388,
subdivision 1, clause (3) to amend Minnesota
Rules, ch. 4410. The legislature has specifically directed the use of the
good cause rulemaking process for all of the amendments identified above, with
the exception of the change identified in item 6. The EQB believes that the
good cause exempt rulemaking process is an appropriate process to incorporate
the specific changes in item 6. No interpretation of the statutes is required
for the amendments. The use of the good cause rulemaking process is an
effective use of resources to implement the changes in an expedient and
cost-effective manner as possible.
A copy of the proposed amendments is attached to this
notice. In accordance with Minnesota Statutes § 16E.07, subd. 3, the proposed
amendments may also be viewed at: http://www.pca.state.mn.us/iryp3c9.
You may also obtain information about the proposed amendments from the EQB’s
contact person identified below.
Comments: You have until 4:30 p.m. on August 31, 2012, to
submit comment to the Office of Administrative Hearings in support of or in
opposition to the proposed rule amendments, or to address the legality of the
proposed rule amendments. Comments are encouraged. Your comment must be in
writing in either electronic or paper form and received by the Office of
Administrative Hearings contact person by the deadline. Comments must describe
the nature of any concern and must include the commenter’s name and mailing
address.
Contact Persons: The Office of Administrative
Hearings contact person is: Denise Collins, Office of Administrative Hearings,
at PO Box 64620, St. Paul, MN 55164-0620,
phone 651-361-7875, Fax 651-361-7936, and
e-mail
rulecomments@state.mn.us.
The EQB contact person for this rulemaking is Carol
Nankivel, MPCA, 520 Lafayette Road North, St. Paul, MN 55155-4194, phone
651-757-2597, Fax: 651-297-8676, and e-mail carol.nankivel@state.mn.us. TTY users may call 651-292-7553 or 800-657-3867.
Alternative
Format: Upon request, the EQB can
make this notice available in an alternative format, such as large print,
Braille, or cassette tape. To make such a request, please contact the EQB’s
contact person identified above.
Lobbyist
Registration: Minnesota Statutes, chapter 10A, requires each lobbyist to register
with the State Campaign Finance and Public Disclosure Board. You may direct
questions regarding this requirement to the Campaign Finance and Public Disclosure
Board at: Suite 190, Centennial Building, 658 Cedar Street, St. Paul, MN 55155, telephone 651-296-5148 or
1-800-657-3889.
Review
and Adoption of Exempt Rules: The
proposed rule amendments and supporting documents have been submitted to the Office
of Administrative Hearings for a review of their legality. The Administrative
Law Judge has 14 days to approve or disapprove the rule amendments. If the rule
amendments are approved, the EQB will adopt the rule amendments and publish
notice of their adoption in the State
Register. The rule amendments will take effect on the date they are
published in the State Register.
If
you want to receive a copy of the adopted rules, or want to register to receive
notice of future rule proceedings, submit your request to the EQB’s contact
person listed above.
August 24, 2012 /s/ Robert Patton
Robert
Patton
Executive
Director
Environmental
Quality Board
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