Revisor ID: R-04959
This rulemaking will be referred to as the Dry Cleaner Reimbursement Fund Rule.
The MPCA plans to amend Minnesota Rules chapter 7152 on the Minnesota Dry Cleaner Reimbursement Account to ensure consistency and compliance with state statutes and rules by updating the reimbursement rates for consultant and contractor services for environmental response action costs.
Background
Spills, leaks, or careless disposal of dry cleaner chemicals have resulted in soil, groundwater, and soil vapor contamination at sites around the state. The Minnesota Legislature, working with the Minnesota Cleaners Association (the dry cleaner trade association) and the MPCA, established the Drycleaner Environmental Response and Reimbursement Account (Dry Cleaner Account) in 1995. The law provided a means to reimburse owners and operators for the cost of cleanup of soil, groundwater and soil vapor contamination resulting from dry cleaning facilities. Under the Dry Cleaner Account, most dry-cleaning facilities that provided services to the general public may apply for reimbursement for their investigation and cleanup work. The Dry Cleaner Account is funded by annual fees paid by active dry cleaners.
In the 2016 legislative session, the MPCA and representatives of the Minnesota Cleaners Association cooperated to propose legislation authorizing the adoption of expedited rules to govern reimbursement from the Dry Cleaner Account.
Tentative schedule
| Dates | Task(s) |
|---|---|
| Anticipated Jan. 5, 2026 | Notice of intent to adopt expedited rules published in State Register |
| Anticipated Feb. 4, 2026 | Public comment period ends |
| TBD | Notice of submission published and submitted to the Court of Administrative Hearings |
| TBD | Final adoption of rules |
The Dry Cleaner Reimbursement Account rules require that when the Petroleum Tank Release Compensation Board (Board) makes adjustments to maximum charge dollar amounts under chapter 2890, the MPCA must use the expedited rulemaking process as authorized under Minnesota Statute, section 115B.50 to adjust the rates established in the rules. The Board increased these rates effective July 1, 2022, for all work performed after that date. When the rule amendments are adopted, the reimbursement rates will be effective retroactively from July 1, 2022.
Schedule
| Dates | Task(s) |
|---|---|
| December 27, 2022 | Notice of Intent to Adopt Rules published in State Register |
| February 2023 | Submit rule record to Administrative Law Judge for review |
| May 8, 2023 | Notice of Adoption of Rules published in the State Register |