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Update to the rulemaking schedule (April 3)

The COVID-19 public health crisis has required the Minnesota Pollution Control Agency (MPCA) to reassess its processes and schedules to ensure the public has adequate time to review and give meaningful input before decisions are made.

MPCA had intended to publish the Notice of Intent to Adopt Rule with a Hearing for the Clean Cars Minnesota rule in the State Register in March 2020. Publishing the Notice also opens a new public comment period and opportunity for Minnesotans to submit feedback. As part of its reassessment, the MPCA has determined that timeline is no longer appropriate and is delaying publication of the rule temporarily.

The MPCA remains committed to this rulemaking and our goal of reducing emissions of greenhouse gases and other air pollutants from transportation. Despite this delay, we are still aiming to complete the rulemaking process by the end of 2020.

Please e-mail if you have thoughts or suggestions regarding the best ways of engaging with you and other community members: cleancarsmn.pca@state.mn.us

Clean Cars Minnesota


In March 2020, MPCA expects to publish our official Notice of Intent to Adopt Rule With a Hearing for the Clean Cars Minnesota rule. This is the agency’s formal legal notice to let Minnesotans know that the MPCA is planning to adopt a new rule and we would like to hear your feedback and comments. "With a Hearing" indicates that the Administrative Law Judge (ALJ) assigned to this rulemaking will hold a public hearing, so you do not need to request one in your comment. Learn more on the rulemaking webpage.

One public conversation

When the Notice of Intent to Adopt is published, the Clean Cars rulemaking enters a new phase (referred to as the “notice period”). A new public comment period opens, and Minnesotans have another opportunity to submit comments into the public record about the proposed rule.

During the notice period, the agency is charged with ensuring that we have one, transparent, public conversation about the rule. We must safeguard that everyone has equal access to the same information and equal opportunity to participate in the process.

For this reason, all comments and questions must be submitted directly to the ALJ through the Office of Administrative Hearing (OAH) eComments website, or by mail, fax, or physical delivery as directed in the Notice. MPCA staff are not able to take your comments, answer hypothetical questions, or discuss the proposed rule in private meetings with stakeholders during the notice period.

  • If you’d like to suggest a change to the proposed rule, you can submit a comment to the ALJ for consideration through the OAH eComments website, by mail/fax/delivery as directed in the Notice document, or testimony at the public hearing.
  • If you have a question about the proposed rule, you can submit it as a comment. MPCA staff will respond to all comments at or after the public hearing. If you would like to address the agency’s response to your question, you can submit additional comments during the post-hearing rebuttal period.

Public meetings vs. public hearings

During the notice period, MPCA staff will hold open, public information meetings across the state to present the proposed rule language, explain what’s in the Statement of Need and Reasonableness, and share how you can participate in the process. Our schedule for the information meetings will be posted on the rulemaking webpage. These public meetings are hosted by MPCA staff and are not official public hearings.

The public hearing is scheduled and run by the ALJ assigned to this rulemaking. The date(s) and times will be included in the Notice of Intent to Adopt and on the rulemaking webpage. The public hearing will be accessible at multiple locations around the state, and is open to anyone who would like to attend and/or give testimony. If you are unable to attend the public hearing, please note that the ALJ considers written comments and in-person testimony at the public hearing equally.

Technical meetings

In late 2019 and early 2020, MPCA hosted a series of meetings to assist in developing the rule and our technical analysis of the rule's potential effects. Meeting materials and a recording of each session are posted below.

November 15, 2019: Saint Paul

December 5, 2019: Saint Paul - Stakeholder presentations

PDF icon Meeting packet: Clean Cars Minnesota, Technical meeting 2 (aq-rule4-10k)

Presentations are included for informational purposes and represent the positions of the presenters. Including these presentations in this document and on the MPCA website does not indicate MPCA support for any of the data, positions, or information provided by the stakeholders.

HTML icon Webex: Clean Cars Minnesota Technical meeting 2 (Dec. 5)

Due to a recording error, the first part of the meeting is not available.
 

December 17, 2019: Webinar - Methods of establishing initial ZEV credit banks

January 7, 2020: Webinar – Potential mechanisms for an initial ZEV credit bank in Minnesota

Following this webinar, we asked for feedback about MPCA’s initial proposal for establishing a ZEV credit bank. We heard from a variety of stakeholders who submitted written comments and presentations to the agency. For transparency, we have compiled those materials and made them publicly available here.

Past public meetings

Between October 7 - December 6, 2019, we had an open comment period about the Clean Cars Minnesota rule. This request for comments (RFC) was the first step in the rulemaking process and provided an initial opportunity for Minnesotans to share thoughts with us.

During this RFC period, we hosted a series of public meetings around the state (listed below). You can read a summary of the written comments we received, feedback from the public meetings, and the results of our online survey on our What we heard page.

 

Stay in touch and learn more

If you have any questions about this rulemaking, contact cleancarsmn.pca@state.mn.us

 

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