Minnesota rulemaking

Environmental laws and rules are essential tools used to protect Minnesota's environment. Laws are established by the Legislature and the United States Environmental Protection Agency and are incorporated into Minnesota rules, when appropriate. Rules set standards for environmental quality and limits on pollutants.

The MPCA helps protect our environment by writing rules and enforcing them. When MPCA undertakes rulemaking, it follows the Minnesota Administrative Procedures Act.

MPCA's public rulemaking docket

PDF icon Public Rulemaking Docket (mm-rule1-00)

Current, future, and completed rulemaking projects, including Revisor number, webpage, rule summary, contacts, and timetable.

To receive notice of rule changes

Whenever the state rules are changed, you have an opportunity to get involved. The MPCA sends emails to notify the public at critical points in the process. At a minimum, notices are sent when:

  • rule changes are first being considered
  • rules are proposed for public comment
  • new rules become effective

If you are interested in receiving notices, sign up with GovDelivery. If you are unable to receive electronic notices, please contact the Rule Coordinator for the rule of interest.

Current rulemaking

Expedited/Exempt rulemaking

Note: Expedited/exempt rulemakings do not typically have their own webpage due to the shorter timeframe for these types of rulemakings.

  • None at this time

Recently completed rules

Pre-rulemaking development

Archived rule webpages

Water rulemaking

Rulemakings that affect Minnesota’s waters include changes to the state Water Quality Standards (Minn. R. ch. 7050 and 7052) or specific water-related activities (e.g., animal feedlots or permit programs).

Current rulemaking

Expedited/Exempt rulemaking

Note - expedited/exempt rulemakings do not typically have their own webpage due to the shorter timeframe for these types of rulemakings.

  • None at this time.

Recently completed rules

Pre-rulemaking development

Archived rule webpages

Current rulemaking

Expedited/Exempt rulemaking

Note: Expedited/exempt rulemakings do not typically have their own webpage due to the shorter timeframe for these types of rulemakings.

  • Dry Cleaner Reimbursement Fund - Expedited

Recently completed rules

  • None at this time

Pre-rulemaking development

  • None at this time

Archived rule webpages

Current rulemaking

Expedited/Exempt rulemaking

Note: Expedited/exempt rulemakings do not typically have their own webpage due to the shorter timeframe for these types of rulemakings.

  • None at this time

Recently completed rules

  • None at this time

Pre-rulemaking development

  • None at this time

Archived rule webpages

  • None at this time

In some rulemakings, the MPCA will “incorporate by reference” documents that are related to the rule. An incorporation by reference in rule states that the contents of another document are part of the rule, even though the text of the referenced document does not appear in the rule itself.

Air rules

The following MPCA documents are incorporated by reference into Minnesota’s air rules as shown below.

CHAPTER 7007
7007.1148 AMBIENT AIR QUALITY ASSESSMENT
Subpart 2. CAPS electronic spreadsheet method. Item A.

Subpart 2. CAPS electronic spreadsheet method. Item C.

Water rules

The following MPCA documents are incorporated by reference into Minnesota’s water quality rules as shown below.

CHAPTER 7001

7001.4340 REQUIRED METHODS

Subpart 4. MPCA Laboratory Certification Program Manual.

7001.4360 APPLICATION FOR CERTIFICATION

SUBPART 8. Alternate methods.

CHAPTER 7050

7050.0150 DETERMINATION OF WATER QUALITY, BIOLOGICAL AND PHYSICAL CONDITIONS, AND COMPLIANCE WITH STANDARDS

Subpart 4. Definitions. Item X.

7050.0222 SPECIFIC WATER QUALITY STANDARDS FOR CLASS 2 WATERS OF THE STATE; AQUATIC LIFE AND RECREATION

Subp. 2c. Beneficial use definitions for cold water stream and river habitats (Class 2A). Item A.

Subp. 3c. Beneficial use definitions for warm or cool water stream and river habitats (Class 2Bd).

  • See documents incorporated by reference in Subp. 2c, Item A.

Subp. 4c. Beneficial use definitions for warm or cool water stream and river habitats (Class 2B).

  • See documents incorporated by reference in Subp. 2c, Item A.

7050.0224 Specific Water Quality Standards for Class 4 Waters of the State; Agriculture and Wildlife

7050.0470 CLASSIFICATIONS FOR SURFACE WATERS IN MAJOR DRAINAGE BASINS
Tiered aquatic life uses (TALU) framework
Subpart 1. Lake Superior Basin.

Subpart 2. Lake of the Woods Basin.

Subpart 3. Red River of the North Basin.

Subpart 4. Upper Mississippi River Basin (headwaters to the confluence with the St. Croix River).

Subpart 5. Minnesota River Basin.

Subpart 6. Saint Croix River Basin.

Subpart 7. Lower Mississippi River Basin (from confluence with the St. Croix River to Iowa border).

Subpart 8. Cedar-Des Moines Rivers Basin.

Subpart 9. Missouri River Basin.

CHAPTER 7080

7080.1550 ACCEPTABLE AND PROHIBITED DISCHARGES

Subpart 2. System influent.

CHAPTER 7081
7081.0275 COLLECTION SYSTEMS

CHAPTER 7090

7090.0060 INCORPORATION BY REFERENCE

Waste rules

The following MPCA documents are incorporated by reference into Minnesota’s waste rules as shown below.

  • None at this time

Cross media rules

The following MPCA documents are incorporated by reference into Minnesota’s cross media rules as shown below.

  • None at this time

 

Rulemaking process basics

How can I participate in the rulemaking process?

  • Sign-up to receive electronic notices and updates for the rule(s) of interest.
  • Check the
    PDF icon Public Rulemaking Docket: 

    Current, future, and completed rulemaking projects, including Revisor number, webpage, rule summary, contacts, and timetable.

    Current, future, and completed rulemaking projects, including Revisor number, webpage, rule summary, contacts, and timetable.
  • Respond to notices seeking comments.

What is a Request for Comments (RFC)?

  • It is legal notice of our intent to begin a particular rulemaking (not required for exempt rules) and provides the first opportunity for public comment on the rulemaking.
  • Draft rule language is usually not available. We just want your feedback on the ideas described in the RFC. At this point there is often a description of the intended changes provided on the rulemaking webpage.
  • If you have ideas about the rulemaking described, please let us know. For example, if you have data related to the implementation costs or scope of the proposed rulemaking that might inform our decisions, please share that information. Sharing your ideas at an early stage in rulemaking helps to ensure informed decision-making on our part.

What is the purpose of a notice?

  • It is legal notice that we are planning to adopt the proposed rules and want to hear comments about them.
  • We can publish different types of notices (e.g., notice of intent to adopt rules with a hearing, notice of intent to adopt rules without a hearing, or dual notice) depending on the expected level of controversy.
  • Each notice will contain information pertinent to that rulemaking (i.e., contact person, subject of rules, rule draft, deadlines, how to obtain a Statement of Need and Reasonableness, how to comment or request a hearing, etc.)

How do I provide comments?

  • At a minimum, you can state that you support or oppose the whole rule.
  • For specific comments, provide the specific cite(s), if rule language is available.
  • Describe what concerns you and why.
  • Provide, if possible, alternative language that addresses your concern.
  • Comments submitted are public information and are generally posted on a rulemaking webpage.

What happens at a rule hearing?

  • An Administrative Law Judge (ALJ) is in charge of the hearing and will conduct it according to specific conditions.
  • PCA staff demonstrates that all relevant legal and procedural requirements of law have been met, and demonstrates the need for and reasonableness of each portion of the proposed rule.
  • The ALJ will provide the opportunity to speak and ask questions, but may limit repetitive or immaterial statements.
  • Anyone may speak at the hearing or submit comments or information into the record at that time.
  • The hearing will be recorded or a court reporter will prepare a transcript.

Planning on participating at a rule hearing?

  • An ALJ is in charge of the hearing and will conduct it according to specific conditions.
  • PCA staff demonstrates that all relevant legal and procedural requirements of law have been met, and demonstrates the need for and reasonableness of each portion of the proposed rule.
  • The ALJ will provide the opportunity to speak and ask questions, but may limit repetitive or immaterial statements.
  • Anyone may speak at the hearing or submit comments or information into the record at that time.
  • The hearing will be recorded or a court reporter will prepare a transcript.

What happens after a hearing?

  • There is always an opportunity to submit additional comments and information after the hearing. The length of that additional comment period is determined by the ALJ, depending on the degree of complexity and the amount of controversy.
  • At the close of the post-hearing comment period there will be an opportunity to rebut the comments made at the hearing. The rebuttal period is five days after the close of the comment period and no new information can be submitted during that rebuttal period.
  • The ALJ will review the record, including all the comments received during the comment periods, hearing and rebuttal period. The ALJ will issue a report that either approves the rules for adoption or identifies defects that must be corrected before the rules can be adopted.

How do I know a rule is completed?

  • A final adoption notice will be published in the Minnesota State Register.
  • The MPCA will send an electronic notice to those individuals or organizations that have subscribed to receive electronic notices.
  • The information will be located for one year in the
    PDF icon Public Rulemaking Docket

    Current, future, and completed rulemaking projects, including Revisor number, webpage, rule summary, contacts, and timetable.

      (current, future, and completed rulemaking projects, including Revisor number, webpage, rule summary, contacts, and timetable).

 

Links

Minnesota sites