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Revisor ID: R-04805

The MPCA has begun work to implement a groundbreaking new law to remedy Minnesotans’ disproportionate exposure to pollutants. The law defines environmental justice areas and requires the MPCA to conduct a rulemaking process to address the cumulative impacts of pollution during permitting processes.

15376: Cumulative impacts rule pre-hearing comment period
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Pre-hearing public comment

The pre-hearing public comment period for the proposed Cumulative Impacts Rule is open May 18-July 17, 2026. The MPCA will hold an informational meeting starting at 6 p.m. on June 2, 2026.

For many neighborhoods and communities in Minnesota, decades-old permitting and zoning decisions by local, state, and federal governments have resulted in heavily polluting industrial and manufacturing facilities located near homes, schools, and parks.

As part of the law, the Legislature requires the MPCA to develop criteria for requiring a cumulative impact analysis and its content, define a substantial adverse environmental and health impact, establish the structure of a community benefits agreement and process, and ensure permit applicants have access to social and environmental factors, including elevated rates of disease, poor access to health insurance and medical care, and food insecurity.

These criteria, standards, agreements, and processes will be developed through the state’s thorough and lengthy rulemaking process.

15376: Draft CI-MAP tool and feedback
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Draft CI-MAP online tool

This tool compares 26 environmental and public health stressors for a given census tract to county and statewide averages. This tool is currently a draft; a new version will be published with the final rule. All numbers presented in this tool are subject to change.  

Procedural rulemaking documents

May 2026

The overview documents below provide a high-level summary of the major steps of the Cumulative Impacts Rule, as proposed by the MPCA on May 18, 2026.

December 2025

The first public draft of the Cumulative impacts mapping and analysis platform (CI-MAP) was published in December 2025.

April 2025

July 2023

 

15376: GovDelivery: rulemaking cumulative impacts MNPCA_523
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Stay connected

Sign up for updates about the cumulative impacts rulemaking process and opportunities for public input.

Rulemaking schedule

DatesTask(s)
July 24, 2023Request for Comments published in the State Register; public comment period closed Oct. 6, 2023
September 2023

Open house information sessions

  • Sept. 12, 2023 - Virtual
  • Sept. 14, 2023 - St. Paul (Metro State University – Science Education Center Atrium)
  • Sept. 19, 2023 - Brooklyn Center (Brookdale Library)
  • Sept. 21, 2023 - Duluth (Clyde Iron Work – Event Center)
  • Sept. 26, 2023 - Rochester (Graham Park – Aune Hall)
Oct. 6, 2023Public comment period closed
Nov. 14, 2023RFC summary webinar (Virtual)
January-May 2024

Playlist: Co-learning community conversations

  • Jan. 30, 2024 - Cumulative impacts programs across the country (Virtual)
  • Mar. 26, 2024 - Contents of cumulative impacts analyses (Virtual)
  • Apr. 30, 2024 - Community benefit agreement (Virtual)
  • May. 28, 2024 - Overview of the cumulative impacts rulemaking process (Virtual)
June-November 2024

Working sessions on key rule topics

2025
  • Engagement in community (tabling, interviews, focus groups, etc.)
  • Spring: Additional informational meetings/webinars and/or work sessions (as needed)
  • Summer/fall: Meetings/webinars and an informal comment period on rule concepts
  • Draft rule text and supporting technical and economic analysis
February 2025

Midpoint check-in webinars

April 21, 2025Second request for comments (30-day) published in the State Register
May 2025

Working session: Cumulative impacts analysis contents and substantial adverse impacts

June 2025

Draft concepts for the cumulative impacts analysis rules

July-October 2025

Community benefits agreement community input panel

Fall 2025Engagement open houses in Duluth (Nov. 12), Rochester (Nov. 20), and the Twin Cities (Dec. 4)
Spring 2026

Public comment presentations: Duluth (March 31), Rochester (April 9), the Twin Cities (April 14), and Virtual (April 21) 

Meeting presentation

May 18, 2026Publish notice of hearing and draft rule text in State Register 
June 2, 2026Cumulative Impacts Rule informational webinar
Sept. 1, 2026Judge Kimberly Middendorf will conduct a public hearing by Webex on Sept. 1, 2026, beginning at 3 p.m. and continuing until at least 6 p.m. 
Sept. 1-21, 2026The post-hearing comment period will be open for 20 days (until 4:30 p.m. on Sept. 21, 2026). 
Sept. 22-28, 2026After the post-hearing comment period, there is a five-working-day rebuttal period (until 4:30 p.m. on Sept. 28, 2026) during which the MPCA and any interested person may respond in writing to any of the information already submitted, whether from other commenters or from the MPCA’s responses to comments. No one may submit new evidence during the rebuttal period.
TBDFinal adoption of rules

Newly defined environmental justice areas

For the first time, the Legislature defined an environmental justice area in Minnesota law when it passed the 2023 cumulative impacts law. These areas are the focal points for developing Minnesota’s cumulative impact analysis criteria and processes for some air permit decisions. An environmental justice area is defined in statute as one or more census tracts — small, permanent subdivisions of a county or city — meeting any of the following criteria:

  • 40% or more of the population is nonwhite
  • 35% or more of the households have an income at or below 200% of poverty ($60,000 for a family of four)
  • 40% or more of the population over the age of five has limited English proficiency
  • located within Indian Country

The MPCA must use these criteria for the cumulative impact rulemaking, which only apply to the Twin Cities seven-county metro area and the cities of Duluth and Rochester. The MPCA has developed maps that show these environmental justice areas and one-mile buffer zones.

An updated statewide list of facilities that may be impacted by this rulemaking has been developed, although the criteria and process to determine if a facility needs additional environmental analysis have not been created.

The statewide map of environmental justice areas was updated in September 2024.