Current Regulations
Proposed Rulemaking
- No new rulemaking is proposed at this time.
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Historic Rulemaking
Minnesota Statute chapter 14 (Administrative Procedures) requires state agencies doing rulemaking to present facts establishing the need for and reasonableness of the rules as proposed. In general, “need” has come to mean that a problem exists that requires a solution via rulemaking, and “reasonableness” means that the solution proposed is appropriate. These facts are presented in a “Statement of Need and Reasonableness” – referred to as a SONAR – for each rulemaking.
SONARs and other information from completed EQB rulemakings are provided below. For more information on a rulemaking, see the Revisor’s Rule Status system or contact EQB.
2019 Mandatory Categories Rulemaking
This rulemaking contained multiple updates, but focused on select mandatory EAW and EIS categories that were identified in the 2013 Mandatory Category report to the legislature and categories identified by the public during rulemaking comment periods. It also included updates to rules related to silica sand projects and recreational trails.
2019 rulemaking documents are located at: Mandatory Categories Rulemaking
2018 Preliminary Draft EIS Rulemaking
In 2017, the Minnesota Legislature passed legislation directed the Environmental Quality Board (EQB) to adopt by rule, “procedures to: (2) authorize a responsible government unit to allow a proposer of a specific action to prepare a draft environmental impact statement according to section 116D.04, subdivision 2a, paragraph (i).” (Laws of Minnesota 2017, Chapter 93, Article 2, Section 140)
2010 Mandatory Category Rulemaking – Air Pollution and Greenhouse Gases
This rulemaking amended the air pollution mandatory category to provide a threshold level for greenhouse gas emissions.
2009 – Environmental Review Program Update Phase 2
This rulemaking provided multiple updates to the environmental review rules, including new mandatory categories, amendments to the AUAR process, clarifying language on cumulative potential effects and cumulative impacts, etc.
2006 – Environmental Review Program Update Phase 1
This rulemaking updated 39 subparts of Minn. R., chapter 4410. Most changes were minor, and meant to improve ambiguity. There were also revisions to EAW thresholds for air pollution, wastewater systems, and historic places.
2004 – Mandatory Category for Recreational Trails
The Environmental Quality Board was directed to adopt rules specifying mandatory and exemption categories for recreational trails by the Legislature in Minnesota Session Laws 2003, chapter 128, article 1, section 167, subdivision 3.
2003 – Large Energy Facilities and Transmission Lines
This rulemaking consisted of amendments, technical fixes, and repeals for environmental review related to large energy facilities and high voltage transmission lines, as well as power plant siting rules.
1997 and 1995 – Environmental Review Rules
These rulemakings consisted of updates to improve the environmental review process.
1991/1992 – Release of Genetically Engineered Organisms
In 1992, EQB adopted rules related to environmental review and permitting of genetically engineered organisms.
1990 – Large Energy Facilities
These amendments applied to parts of the environmental review rules related to large energy facilities and high voltage transmission lines.
1988 and 1986 – Environmental Review Rules
These rulemakings consisted of updates to improve the environmental review process.
1982 – Siting Large Electric Power Plants and Prime Farmland
The proposed amendments changed the process by which power plant sites are selected by revising the site selection criteria and by adding an avoidance area criterion that places limits on use of prime farmland for power plant sites. Second, the proposed amendments establish criteria, standards and administrative procedures for preparation of an inventory of power plant study areas.
1982 – Environmental Review Rules
This rulemaking implemented the 1980 amendments to the Minnesota Environmental Policy Act.
1974 – Original Implementing Rules
This was the original rulemaking to implement the provisions of the Minnesota Environmental Policy Act.