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.
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.
Procedural rulemaking documents
July 2023
Rulemaking schedule
| Dates | Task(s) |
|---|---|
| July 24, 2023 | Request for Comments published in the State Register; public comment period closed Oct. 6, 2023 |
| January-May 2024 | Playlist: Co-learning community conversations
|
| June-November 2024 | Working sessions on key rule topics |
| Early 2025 | Establish and share key rule concepts |
| 2025 | Draft rule text and supporting technical and economic analysis |
| No later than May 18, 2026 | Publish notice of hearing and draft rule text in State Register |
| TBD | Final 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 for the Twin Cities metro, Duluth and Rochester that show 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.
Share your ideas
Review online references and offer your thoughts on cumulative impacts analysis indicator prioritization. Comments due by 5 p.m. on December 13.