Revisor ID number: R-04774

The Minnesota Pollution Control Agency (MPCA) is currently proposing amendments to the Dry Cleaner Reimbursement Account rules (Minn. R. Ch. 7152). The proposed rule amendments are open for public comment from December 27, 2022, to January 31, 2023. The proposed rules and related documents are provided below under procedural rulemaking documents. The MPCA is requesting comments on the proposed rule amendments. As explained in the public notice, written comments should be submitted to the Office of Administrative Hearings Rulemaking e-Comments webpage.

The MPCA is following the expedited rulemaking process to amend Dry Cleaner Reimbursement Account rules to update the reimbursement rates for consultant and contractor services for environmental response action costs. The reimbursement rates are applied when the MPCA processes invoices submitted by owners and operators of Minnesota dry cleaning facilities.

Procedural rulemaking documents

December 2022

Background

The Minnesota Legislature, working with the Minnesota Cleaners Association (MCA) 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.

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 Prepare response to comments, order adopting rules
March 2023 Submit rule record to Administrative Law Judge for review
April 2023 Notice of Adoption of Rules published in the State Register

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