Silica Sand Rule Advisory Panel
The 2013 Minnesota Legislature passed and Governor Mark Dayton signed new legislation to address silica sand mining, processing and transportation operations in Minnesota. The legislation directs state agencies to provide local units of government with technical assistance on regulation and permitting. In addition, the legislation sets new thresholds for environmental review of silica-sand-related operations and requires development of a number of new regulations. Several state agencies will be involved in implementing this legislation. This web site will highlight each agency’s progress; follow links below.
- Minnesota Environmental Quality Board
- Minnesota Pollution Control Agency
- Minnesota Department of Natural Resources
- Minnesota Department of Transportation
- Minnesota Department of Health
- Minnesota Department of Agriculture
The rulemaking process
This rulemaking has been moved to the Mandatory Category Rulemaking
The legislation directs the Department of Natural Resources, Pollution Control Agency, and Environmental Quality Board to develop new state rules on silica sand (often called "frac sand" or "frack sand"). Rulemaking in Minnesota follows procedures outlined in the Minnesota Administrative Procedures Act (Minn. Stat., Ch. 14).
Mechanisms for soliciting public input on new rules are outlined in the APA; significant opportunities for public participation in silica sand rulemaking will be noticed on this page. Interested parties also may sign up with the individual agencies to be notified of significant developments. The agencies have various timelines for their rulemaking; for updates, check this page or visit the agency links above. A new rule generally takes between one and two years to develop.
Questions about rule development or the rulemaking process:
Erik Dahl: Erik.Dahl@state.mn.us or 651-757-2364
Rulemaking resources
- EQB LGU Survey: Survey
- EQB Silica Sand Outreach Map: Map
- EQB Interim Rule Language and Preliminary Draft Language (April 15, 2015): Language
- During the 2015 special legislative session, the interim EQB threshold was extended indefinitely.
Section 116C.991 Amended
“Until July 1, 2015 a final rule is adopted pursuant to Laws 2013, chapter 114, article 4, section 105, paragraph (d)”
Reports
- Air monitoring data for industrial sand mine/processing plants in Wisconsin
- Report on Silica Sand (2013)
- Tools to assist local governments in planning for and regulating silica sand projects
Rulemaking
- Charting your course – Basic rulemaking
- EQB - 1982 Statement of Need and Reasonableness (SONAR)
- MDNR - Silica sand rulemaking: reclamation
- Minn. Rules 4410 - Environmental Review
- Minnesota Rulemaking Manual and Seminar
- MPCA rulemaking for silica sand projects
- Overview of Minnesota formal rulemaking process
Information sources
- Air monitoring at Minnesota silica sand facilities
- General geospatial information on natural resources
- Silica sand mining and health
Other
- Federal - Compliance Assurance Monitoring
- Federal - State Implementation Plan for Minnesota (SIP)
- Minnesota - Emission Inventory Requirements
- Minnesota - Performance Testing
- State - Lake Superior Basin Water Standards
- State - Requirements for Aquaculture Facilities
- State - State Waters Discharge Restrictions
- State - Stormwater Permit Program
- State - Underground Waters
- State - Waters of the state
- State statute - Pollution Control Agency
- State statute - Water Pollution Controls
Existing rules
Environmental Quality Board
Air: State and federal
- Federal - Ambient Air Quality Standards
- Minnesota - Ambient Air Quality Standards
- Definitions and Abbreviations
- Federal - Compliance Assurance Monitoring
- Federal - State Implementation Plan for Minnesota (SIP)
- Minnesota - Emission Inventory Requirements
- Minnesota - Performance Testing
- Federal - Standards of Performance for Calciners and Dryers in Mineral Industries
- Federal - Standards of Performance for Nonmetallic Mineral Processing Plants
- Minnesota - Adopts and incorporates by reference 40 CFR pt. 60, subp. OOO
- Minnesota - Direct Heating Fossil-Fuel-Burning Equipment
- Minnesota - Emission Standards for Visible Air Contaminants
- Minnesota - Fugitive Emissions
- Minnesota - Indirect Heating Fossil-Fuel-Burning Equipment
- Minnesota - Industrial Process Equipment
- Federal - "Title V / Part 70" Stationary Source Permit Program
- Federal - New Source Review Program
- Minnesota - Air Permit Program
Water: State and federal
- State - Lake Superior Basin Water Standards
- State - Requirements for Aquaculture Facilities
- State - State Waters Discharge Restrictions
- State - Stormwater Permit Program
- State - Underground Waters
- State - Waters of the state
- State statute - Pollution Control Agency
- State statute - Water Pollution Controls
- Federal - Effluent Guidelines and Standards General Provisions
- Federal - Mineral Mining and Processing Point Source Category
- Minnesota Water Permit Program (Definitions, Terms and Conditions of Permits, etc.)