Amending Minnesota rules governing land treatment practices for petroleum contaminated soil

Examining land for spreading contaminated petroleum compounds.

The Minnesota Pollution Control Agency (MPCA) plans to amend its 20-year-old rules governing land treatment of petroleum-contaminated soil. Land treatment involves spreading and incorporating the soils contaminated with petroleum compounds into the upper-most soil layer at a specific rate on pre-approved treatment sites. This treatment method allows natural biological, physical and chemical processes to break down the petroleum compounds over time into harmless constituents.

Background

The MPCA plans to update the sampling protocols, methodologies, terminology and references found in existing rules to reflect accumulated program experience and current scientific data. The amendments are also intended to safely reduce unnecessary burdens to site owners, operators and regulated parties while assuring that the soils are treated under controlled conditions that do not endanger public health or the environment. They improve land treatment practices for small quantities of petroleum contaminated soil (under 10 cubic yards). They also increase the contamination standards allowed for land treating gasoline range organics/diesel range organics (GRO/DRO) from 10 ppm to 100 ppm, reduce post-application monitoring frequency from three to two times per year, and improve rule clarity.

These amendments mostly affect land treatment site owners and operators, parties with regulated soils, consultants and local communities. The MPCA believes that these amendments align well with related standards in other states, are necessary and non- controversial, and will generally be welcomed by most affected parties.

Rulemaking Authority

MS § 116.07 POWERS AND DUTIES, authorizes the MPCA to adopt rules for the control of the collection, transportation, storage, processing, and disposal of solid waste (...). The MPCA used this existing authority and did not seek additional authority specific to this rulemaking.

Documents related to amending these rules:

The MPCA shared preliminary amendments in conjunction with its request for comments and GovDelivery notice in order to provide interested parties the opportunity to provide early input, prior to proposing a notice of intent to adopt rules in the State Register for general public comment.

Staff contacts

Program Coordinator
Amy Jendro
520 Lafayette Road
St. Paul, MN 55155-4194
218-316-3857
amy.jendro@state.mn.us

Rulemaking Coordinator
Nathan Cooley
520 Lafayette Road
St. Paul, MN 55155-4194
651-757-2290
nathan.cooley@state.mn.us