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Rule Summary: Download

Final Rule: Complete 12/24/2019

Adopted Rule published in State Register 12/16/2019

EQB Board Order: Signed Order 11/6/2019 

EQB Meeting Presentation of Proposed Rules:

September 18, 2019 Board Meeting Presentation

Updated Rules (Per ALJ Report & Board Order) 9/23/2019

Administrative Law Judge Report:

1) Report August 27, 2019 - OAH 80-9008-35532 R-04157

EQB rebuttal response:

1) Rebuttal response: 7/23/2019

2) Comment spreadsheet: 7/23/2019

EQB's post hearing response:

Memo on the post-hearing response: 7/16/2019

2) Response to comments: 7/16/2019 

3) Comment Spreadsheet: 7/16/2019

4) Executive Order 19-17: 7/16/2019

Post Hearing Comments:

Comments received May 21, 2019 -- June 19, 2019

Comments received as of July 15, 2019

Comments received as of July 16, 2019

eComments

 

Hearings:

Transcript from June 26, 2019

Transcript from May 31, 2019

Hearing Exhibits can be found here

COMMENT PERIODS: Open to all commenters

  • Nov 13, 2018-Feb 4, 2019 (1st Comment Period) -- (CLOSED)
  • May 20, 2019—June 21, 2019 4:30pm (2nd Comment Period) -- (CLOSED)
  • June 27, 2019—July 16, 2019 4:30pm (Post Hearing Comment Period) -- (CLOSED)
  • July 17, 2019—July 23, 2019 4:30pm (Post Hearing Rebuttal Period) -- (CLOSED)
May 15, 2019 Board PacketDownload
Rule LanguageDownload
Statement of Need and Reasonableness (SONAR)Download
Exhibits for SONARDownload
Comments received during comment period (11/13/18-2/4/2019)Download (68mb)

 

Notices:

The EQB provided the required notifications to the public and the entities identified in statute.

Hearing Exhibits

Hearing Exhibit List 5/31/2019

Complete Exhibit package (A-H and J-L) (Exhibit I [comments] can be found below])

  1. DOCUMENTS REQUIRED TO BE PLACED IN THE HEARING RECORD MY MINN. RULES 1400.2220, SUBP. 1.
  2. Requests for Comments published in the State Register: (2013, 2015, 2016)
    1. July 22, 2013 – Request for Comments (38 SR 4)
    2. November 9, 2015 – Request for Comments (40 SR 19)
    3. October 24, 2016 – Request for Comments (41 SR 17)
  3. Petition for Rulemaking, if the rule was proposed in response to it (Not Applicable)
  4. Proposed rules, including Revisor’s approval (9/5/2018)
  5. Statement of Need and Reasonableness with attachments/Exhibits (11/13/2018)
    1. SONAR Exhibit – Mandatory Category Report (2013)
    2. SONAR Exhibit – 2017 Survey
    3. SONAR Exhibit – Recreational Trails Legal Review of Previous Efforts
      1.  SONAR Exhibit – Recreational Trails Judge’s Order 1 (12/2/2015)
      2.  SONAR Exhibit – Recreational Trails Judge’s Order 2, (2/16/2016)
    4. SONAR Exhibit – EQB Statutory Powers and Duties
    5. SONAR Exhibit –  MMB Letter on Costs (9/4/2018)
  6. Certificate of Furnishing the Statement of Need and Reasonableness to the Legislative Reference Library
    1. Legislative Reference Library – Email
  7. Notice of Hearing
    1. Dual Notice as mailed and posted on the EQB webpage: November 13, 2018.
    2. Dual Notice as published in the November 13, 2018 State Register.
    3. Amended Dual Notice as mailed and posted on the EQB webpage: December 31, 2018.
    4. Amended Dual Notice as published in the December 31, 2018 State Register.
    5. Notice of Hearing as mailed and posted on the EQB webpage: February 25, 2019.
    6. Notice of Hearing as published in the February 25, 2019 State Register.
    7. Notice of Hearing as mailed and posted on EQB webpage:  May 17, 2019.
    8. Notice of Hearing as published in the May 20, 2019 State Register.
  8. Certificate(s) of Mailing the Dual Notice (Of Intent to Adopt Rules Without a Public Hearing Unless 25 or More Persons Request a Hearing and Notice of Hearing if 25 or More Requests for Hearing are Received) to the Rulemaking Mailing List and Accuracy of the Rulemaking Mailing List.
    1. Certificate of Mailing Dual Notice #1 – November 20, 2018
    2. Certificate of Mailing Dual Notice #2 – December 31, 2018
    3. Certificate of Mailing Notice of Hearing – February, 2019
    4. Certificate of Mailing Notice of Hearing and Additional Comment Period May 20, 2019
    5. Mailing lists, emails, webpages, supporting documentation.
    6. Webpage update as of May 20, 2019.
  9. Certificate of Giving Additional Notice Pursuant to the Additional Notice Plan.
    1. Certificate of Mailing Dual notice #1 – November 2018
    2. Certificate of Mailing Dual Notice #2 – December 2018
    3. Certificate of Mailing Notice of Hearing – February 2018
    4. Certificate of Mailing Notice of Hearing and Additional Comment Period May 20, 2019
    5. Mailing lists, emails, webpages, supporting documentation
  10. Written comments received by the EQB during the public notice comment period (Nov 13, 2018-Feb 4, 2019) [67mb]
  11. Authorization from OAH to omit from the Amended Dual Notice and the Notice of Hearing published in the State Register the text of the proposed rule.
    1. Amended Dual Notice 12/20/2019 email from OAH
    2. Notice of Hearing 2/19/2019 email from OAH
  12. Other documents to show compliance with the requirements of applicable laws or rules:
    1. Certificate of Compliance with Minnesota Statues, Section 14.111, Regarding Farming Operations 9/28/2018
      1. Email to send Letter to Commissioner of Agriculture
      2. Letter to Commissioner of Agriculture 9/27/2018
    2. Certificate of Sending Notice and Statement of Need and Reasonableness to Legislators and Legislative Coordinating Commission as Required by Minnesota Statues, Section 14.116.
      1. Certificate of Compliance – 11/20/2018
      2. Letter to Legislators – 11/20/2018
      3. Certificate of Compliance –Amended Notice – 12/28/2018
      4. Letter to Legislators – 12/28/2018
    3. Certificate of Compliance with Minnesota Statutes, Section 14.131, Regarding Consultation with Minnesota Management and Budget.
      1. Certificate of Compliance – 9/5/2018
      2. Email to MMB – 8/20/2018
      3. Letter to MMB – 8/20/2018
      4. Letter response from MMB – 9/4/2018
    4. Certificate of Mailing a Notice of Hearing to Those Who Requested a Hearing.
      1. Certificate of Hearing Notice – 3/6/2019
      2. Notice of Hearing – text as mailed/emailed 3/6/2019
      3. Notice of Hearing – State Register 2/25/2019
      4. EQB Monitor – Notice of Hearing – 2/25/2019, 5/20/2019
      5. Notice of Hearing email to commenters – 2/22/2019, 5/20/2019
      6. Notice of Hearing email to Additional Notice list –  2/20/2019, 5/20/2019
      7. Notice of Hearing email to Additional Notice list 2 – 2/20/2019, 5/20/2019
      8. Plain language Hearing Notice to all Hearing Requesters – 3/6/2019
      9. Additional list for Notice of Hearing USPS
  13. Materials submitted during the hearing
  14. Comments and materials submitted during the hearing.
    1. Draft modifications to the proposed rule amendments in response to comments received in the Dual-Notice Comment Period.
    2. Justification for revisions
    3. Copy of slides from EQB presentation at the May 31, 2019 rule hearing 5/31/2019

Timeline:

The EQB took the following steps to develop the draft rules, notify interested parties about the draft rules and to solicit their input on rule language:

  • The EQB has provided the required notifications to the public and the entities identified in statute. Three Request for Comments were published in the State Register:
  • EQB staff presented an updated preliminary draft of the proposed rules to the EQB Board on November 18, 2015. This was another opportunity to provide an informal comment on the EQB rules and process. 
  • The EQB hosted informational meetings, open to the public, but specifically focused on implications to local units of government on March 18, 21, 22, 2016, at the EQB offices in St. Paul, MN and via WebEx. Recordings of the informational meetings can be found here:
  • The EQB released a preliminary draft of the proposed rule language on June 20, 2016 and provided an informal comment period through August 5, 2016. Informal comments were reviewed and appropriate changes made. Copies of the preliminary proposed rule language can be found here:
  • On June 28, 2016, the EQB also hosted a Mandatory Categories Rulemaking Open House and Workshop at the EQB offices in St. Paul, MN and via WebEx (which offers audio and visual interactions with participants from any location with internet access).
  • On August 15, 2018, EQB staff presented preliminary rule language to the EQB Board. Preliminary language is located here:
  • On September 19, 2018, EQB staff presented draft rules and Statement of Need and Reasonableness. Staff requested the Board to adopt a resolution to being formal rulemaking and notice the rulemaking in the State Register:
  • On November 13, 2018, the EQB published the Notice of Intent to Adopt Rules Without a Public Hearing Unless 25 or More Persons Request a Hearing, and Notice of Hearing if 25 or More Requests for Hearing Are Received; Revisor’s ID Number RD-04157 in the State Register.
  • On December 31, 2018, the EQB published an AMENDED Notice of Intent to Adopt Rules Without a Public Hearing Unless 25 or More Persons Request a Hearing, and Notice of Hearing if 25 or More Requests for Hearing Are Received; Revisor’s ID Number RD-04157 in the State Register--changing the date of the hearing(s) and extending the comment period (extending to February 4, 2019 4:30pm).
  • On February 4, 2019,4:30pm, the comment period closed.
    • Comments received Nov 13, 2018 - February 4, 2019 (4:30pm): All Comments (68mb)
  • On February 25, 2019, the EQB published a Notice of Hearing in the State Register and emailed/mailed all commenters regarding the Notice of Hearing, locations and time.
  • On May 15, 2019, the EQB will hold a public Board meeting (1pm, MPCA offices) to give an overview of the comments received during the comment period and make a decision on staff's recommended revisions to the proposed rules.
  • On May 20, 2019, the EQB will publish a Notice of Additional Hearing in the State Register and emailed all commenters regarding the Notice of Additional Hearing, location and time: June 26, 2019 5:30pm Great River Regional Library, 1300 W. St. Germain St., St. Cloud, MN 56301 --  (pre-hearing comment period May 20-June 21, 2019 4:30pm)
  • On May 31, 2019, the EQB held a public hearing on the proposed rules in Room 100, Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN, starting at 1:30pm on Friday, May 31, 2019, and continuing until the hearing was completed. The hearing (via a video-conference connection) was also be available at:
    • Brainerd MPCA Office 7678 College Road, Suite 105 Baxter, MN 56425
    • Detroit Lakes MPCA Office 714 Lake Ave., Suite 220 Detroit Lakes, MN 56501
    • Duluth MPCA Office 525 Lake Ave. S., Suite 400 Duluth, MN 55802
    • Marshall MPCA Office 504 Fairgrounds Rd., Suite 200 Marshall, MN 56258
    • Rochester MPCA Office 18 Wood Lake Drive SE Rochester, MN 55904
  • On June 26, 2019, the EQB held a public hearing on the proposed rules at the St Cloud Great River Regional Library, 1300 W. St. Germain St., St. Cloud, MN 56301, starting at 5:30pm on Wednesday June 26, 2019, and continuing until 8:30pm.
  • The Post-hearing comment period is open from May 31, 2019 to July 16, 2019 4:30 (CST) (CLOSED)
  • The Rebuttal comment period is open from July 16, 2019 4:30pm to July 23, 2019 4:30pm (CLOSED)

Schedule:

TaskDate(s)
Publish Request for CommentsFall 2016
Publish notice of proposed rules in the State Register

November 13, 2018

December 31, 2018 (amended)

February 25, 2019 (Notice of Hearing)

  
1st Comment period (CLOSED)

November 13, 2018 to

February 4, 2019 4:30pm

2nd Comment period (CLOSED)

May 20, 2019 to 

June 21, 2019 4:30pm

Post Hearing Comment Period (CLOSED)

June 27-July 16, 4:30pm

 

Rebuttal Comment Period (CLOSED)July 17- July 23, 4:30pm
  
Hearing dates

May 31, 2019 (1:30pm)

June 26, 2019 (5:30pm)

  

Final adoption of rules:

  • no hearing
  • with a hearing

 

~3 months after notice
~6 months after notice

Current Minnesota Statutes and Rules:

Resources:

2013 Mandatory Categories Report

EQB Mandatory Category Power Point

Environmental Review 4410.0200 (Definitions) [Word Document]

Environmental Review 4410.4300 (Environmental Assessment Worksheet Mandatory Categories) [Word Document]

Environmental Review 4410.4400 (Environmental Impact Statement Mandatory Categories) [Word Document]

Background:

The Environmental Review Program was established in the early 1970’s under the direction of the EQB. Periodic updates to the mandatory categories have been made since that time, the latest major revisions occurring in 2009. In 2013, the EQB along with other state agencies completed the Mandatory Environmental Review Categories Report (Report), directed by the 2012 Minnesota legislature (Laws of Minnesota for 2012, Chapter 150, Article 2, Section 3). The report provided an analysis of whether the mandatory categories should be modified, eliminated, or unchanged based on their relationship to existing permits or other federal, state, or local laws or ordinances.

Pursuant to a legislative charge to support environmental review efficiency (2015 Special Session Law, Chapter 4, Article 3, Section 2),  the EQB will pursue policy and technical updates to MN Rules Ch. 4410. Specifically, this rulemaking, proposed under Revisor's ID Number R-04157, will focus on select mandatory EAW and EIS categories that were identified in the 2013 report to the legislature and categories identified by the public during rulemaking comment periods.

For more information on the Environmental Review Program visit https://www.eqb.state.mn.us/content/environmental-review-program.

The proposed mandatory categories rulemaking will also encompass the amendments to rules relating to silica sand projects. This includes the mandatory categories related to mining facilities, transfer facilities, processing facilities and storage facilities related to silica sand projects. The purpose of these amendments is to adopt the threshold levels for silica sand projects established by the Minnesota Legislature through Laws of Minnesota 2013, Chapter 114, Article 4, Section 91. In 2014, the EQB began rulemaking for silica sand projects under Revisor’s ID Number RD-4305.

Additionally, the proposed mandatory categories rulemaking will also include the proposed amendments to rules relating to recreational trails. This includes thresholds for different types of recreational trails that require preparation of an EAW. In the 2015 Minnesota legislative session, Laws of Minnesota 2015, Chapter 4, Article 5, Section 33, the Minnesota Legislature passed legislation changing the EAW thresholds applicable to motorized trails. In 2015, the EQB began rulemaking for recreational trails projects under Revisor’s ID Number RD-4381.