Feedlot rulemaking — Revised rules in effect
On April 22, 2014, the Minnesota Pollution Control Agency (MPCA) Citizens’ Board adopted amendments to the rules governing Animal Feedlots, Permits and Certifications, and Permit Fees (Minn. R. ch.7020, 7002 and 7001). The amendments became effective May 27, 2014, and have since been incorporated into the published version of the rules available on the Revisor’s Office webpage.
The amendments were necessary to address law changes made by the Legislature in the 2011 Special Session, remove obsolete rule requirements, address other law changes adopted since Minn. R. ch. 7020 was last revised in 2000, and to provide clarification to certain existing rules.
In November 2011, the MPCA met with stakeholders to discuss changes made to the NPDES/SDS permitting requirements for feedlots during the 2011 Legislative Special Session and the agency’s intention to modify Minn. R. ch.7020 accordingly. On Dec. 19, 2011, the MPCA published a Request for Comments regarding the rulemaking in the State Register and received five comment letters in response. In September 2012, after preparing a preliminary draft of the rule amendments, the MPCA held two public meetings to discuss the draft amendments. One meeting was held in Mankato; the other in Waite Park. Thirty one persons attended the meetings. The MPCA then finalized the draft rule amendments and the associated Statement of Need and Reasonableness.
On July 22, 2013, the MPCA formally proposed to adopt amendments to Minn. Rules Ch. 7020. As identified in the Public Notice (link below), the proposed amendments were necessary to address law changes made by the Legislature in the 2011 Special Session, remove obsolete rule requirements, address other law changes adopted since Chapter 7020 was last revised in 2000, and to provide clarification to certain existing rules in Chapters 7020, 7001 and 7002.
The proposed amendments included:
- Incorporation of new statutory language eliminating the need to hold a National Pollutant Discharge Elimination System (NPDES) permit except as required by federal law, while maintaining the requirement for larger feedlots to hold a State Disposal System (SDS) permit.
- Incorporating other new statutory requirements enacted since the feedlot rules were last revised, including new statutory pasture definitions and 10-year terms for SDS permits.
- Clarification of administrative requirements for permits, including the process for issuance or denial of permits by delegated counties and modification of permits.
- Removal of obsolete language, such as provisions governing older forms of permits, and expired transitional requirements, such as the “open lot agreement.
The MPCA received 79 written comments in response to the Public Notice, the majority of which requested a public hearing. Many of the comments were identical form letter requests for a public hearing, although farm organizations and environmental groups provided more detailed comments. On Sept. 9, 2013, Administrative Law Judge (ALJ) Ann O’Reilly conducted a public hearing at the MPCA St. Paul office, which was broadcast via interactive videoconference to several MPCA regional offices throughout the state. A total of 35 persons attended the hearing. All comments submitted during the associated comment periods, including the public hearing process, are posted below.
On Dec. 2, 2013, ALJ O’Reilly issued her report, within which she found that the proposed rule amendments, as modified by the MPCA in response to comments received, were necessary and reasonable, with the exception of 12 amendments that were determined to be ambiguous or otherwise defective. After drafting alternative rule language to address the deficiencies, on Feb. 13, 2014, the MPCA resubmitted the modified amendments to Chief ALJ Tammy Pust for review and approval. In her order dated Feb. 24, 2014, Chief ALJ Pust approved all but one of the MPCA’s proposed fixes to resolve the deficiencies. The MPCA withdrew the proposed change that was not approved and, on April 22, 2014, the MPCA Citizens’ Board adopted the final rule amendments. The Notice of Adoption was published in the State Register on May 19, 2014, and the amendments became effective five working days later (on May 27, 2014).
July 22, 2013 (Initially-Proposed Rule Amendments and Associated Documents)
- Proposed amendments to Minn. R. chs. 7020, 7001 and 7002 (contains the proposed changes to a portion of each of these rules)
- Statement of Need and Reasonableness (SONAR) (explains why the amendments are needed)
- Sonar Exhibits
- Public Notice issued July 22, 2013 (explains how interested persons can comment on the proposed amendments)
- State Register Notice
- News release
September 9, 2013, Public Hearing Exhibits and Comments
- MPCA exhibits submitted during public hearing (includes comment letters received during Dual Notice comment period, which ended on Aug. 26, 2013) (file size: 10mb)
- Non-MPCA feedlot rulemaking exhibits submitted during Sept. 9, 2013, Public Hearing
- Transcript of Sept. 9, 2013, public hearing
September 10-30, 2013, Comments Submitted to Office of Administrative Hearings during the Post-Hearing Comment Period
- MPCA post-hearing comment letter, Sept. 30, 2013
- Comments submitted to the Office of Administrative Hearings during post-hearing comment period (Sept. 10-30, 2013)
October 1-7, 2013, Comments Submitted to Office of Administrative Hearings during the Post-Hearing Rebuttal Period
- MPCA Comments Submitted to Office of Administrative Hearings during the Post-Hearing Rebuttal Period (Oct. 1-7, 2013)
- Comments Submitted to Office of Administrative Hearings during the Post-Hearing Rebuttal Period (Oct. 1-7, 2013)
December 2, 2013, Office of Administrative Hearings Reports
- Report of the Chief Administrative Law Judge
- Amended report of the Administrative Law Judge
- Administrative Law Opinions Archive
February 13, 2014, MPCA Submittal to OAH and February 24, 2014, Chief Administrative Law Judge’s Order
April 22, 2014, MPCA Citizens’ Board Approval of Findings of Fact and Order Adopting Rule Amendments
April 29, 2014, MPCA Notification Regarding OAH’s Filing Rules with the Secretary of State
May 19, 2014, Notice of Adoption Published in State Register
520 Lafayette Road N.
St. Paul, MN 55155-4194
520 Lafayette Road
St. Paul, MN 55155-4194