MPCA rulemaking for silica sand
2013 legislation directed the MPCA to adopt rules for the control of particulate emissions from “silica sand projects” (mining, processing and transportation) in Minnesota.
- Laws 2013, chapter 114, article 4, section 105 The commissioner of the Pollution Control Agency shall adopt rules pertaining to the control of particulate emissions from silica sand projects. The rulemaking is exempt from Minnesota Statutes, section 14.125.
The MPCA’s rulemaking for silica sand must fit within this legislatively directed scope. The MPCA made its initial Request for Comments on possible silica sand rules broad enough to allow it to consider whether existing water permitting rules provided adequate regulatory authority. It has since determined that existing water permitting rules are adequate.
The MPCA plans to limit its silica sand amendments to the legislative scope of controlling air emissions.
The MPCA plans to use input gained from a nearly year-long advisory panel process to develop and propose draft rules and a Statement of Need and Reasonableness (SONAR) in early 2015. Following a public comment period, the MPCA anticipates seeking a hearing with the Office of Administrative Hearings for added review. It normally takes about two years to promulgate proposed rules but can take longer depending on the level of public interest. The MPCA encourages interested parties to register for notification by e-mail using GovDelivery. The MPCA will continue to update this page as events occur.
Requests for comments
The MPCA issued a request for comments on July 22, 2013, to get input on the proposed rule.
- Planned Amendments to Rules Pertaining to the Control of Particulate Emissions and Other Pollutants from Silica Sand Projects - Request for Comments
- Response to request for comments
A second request for comments (September 2014) was extended to Nov. 21, 2014.
- Second request for comments
- Preliminary draft narrative of silica sand rule concepts
- Deadline extended to November 21
- Response to second request for comments
Several Minnesota state agencies are involved in implementing the 2013 legislation regarding silica sand mining, processing and transportation in Minnesota. An interagency website has been developed to help track progress across all agencies.
The MPCA and Minnesota Department of Natural Resources (MDNR) have formed a joint advisory panel that will provide input to the agencies as they consider possible rulemaking for the regulation of silica sand operations in Minnesota.
If you have questions about the MPCA’s silica sand rulemaking or would like to make comments to the MPCA, please contact Nathan Cooley at 651-757-2290 or email@example.com.
Interested parties can subscribe to an email list to receive information from the MPCA about silica sand rulemaking.