This is an overview of the current rulemaking initiatives.
Mandatory Categories
Silica Sand
Preliminary Draft EIS

Mandatory Categories Rulemaking

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


Silica Sand Rulemaking

Information on this Silica Sand Rulemaking can be found here:


Preliminary Draft EIS Rulemaking

The 2017 Legislature directed EQB to develop rules.

Minnesota Statutes, section 116D.045, subd. 1 (2) which authorizes the EQB to adopt rules governing the preparation of a draft environmental impact statement.

The Minnesota Environmental Quality Board (EQB or Board) is revising the existing rules governing the Environmental Review Program and more specifically the development of draft environmental impact statements (EISs). These rule amendments will incorporate the statutory amendments made in the 2017 legislative session. This possible rulemaking may include the following rule parts:

  1. Procedures for the preparation, review and modification of preliminary draft EISs located under part 4410.2550.

This rulemaking may also include revisions that may come up as a result of public comments and further review of Chapter 4410.  This rulemaking can be referred to as the “Preliminary Draft EIS Rulemaking.”

Environmental Quality Board
Publication Date: 
November 2, 2015