Land housekeeping amendments

Revisor ID R-04155 is assigned to this rule; however, this rulemaking is also referred to as:

  • Land Housekeeping Rule
  • Multimedia Omnibus Rules; Housekeeping Rule
  • Rules to Correct Errors, Omissions, and Inconsistencies and Provide Updates

Background

The MPCA administers programs that are governed by 45 chapters of rules and these rules must be periodically updated through “housekeeping” rulemaking to make minor corrections and clarifications or to repeal rules that have become obsolete. This rulemaking contains housekeeping amendments and other rule amendments listed below.

Request for comments (October 21, 2013)

The MPCA published a Request for Comments (RFC) on October 21, 2013, announcing its intent to make minor corrections (housekeeping) to the areas listed below. The anticipated amendments were expected to affect solid waste and hazardous waste, which are viewed as land media related. The rule was considered a cross media rule because of expected minor procedural amendments. The announced scope included:

  • MPCA Procedural Rules in ch. 7000 (changes to correct errors and clarifications to more accurately reflect the handling of contested cases)
  • Permits and Certification in ch. 7001 (addition of relevant cross-references)
  • Solid Waste in ch. 7035 [updates, corrections and clarifications relating to the requirements regarding (1) infectious waste transportation, (2) ground water intervention limits) and (3) incorporating existing approved variances for mixed-municipal solid waste (MMSW) ash testing into rule, as modified by the Request for Comments described below (Jan. 14, 2019).]
  • Hazardous Waste in ch. 7045 (corrections to cross references, the removal/replacement of obsolete requirements, and adding conforming language for consistency with federal rules related to Hazardous Air Pollutant Standards for Hazardous Waste Combustors 64 FR 52828-53077, September 30, 1999, as amended November 19, 1999, at 64 FR 63209-63213 for permitting efficiency and to allow the Agency and regulated parties to more easily determine compliance)
  • Solid Waste Grant and Loan Programs in ch. 9210 (expanding the options for providing notice of grant opportunities)
  • Solid Waste Planning; Certificate of Need in 9215 (correction of a cross reference)

The housekeeping amendments being considered make a number of minor, unrelated changes to rules governing the MPCA’s administrative procedures, permits, solid waste management, hazardous waste management and the administration of solid waste capital assistance grants. The changes being considered in the housekeeping segment of this rulemaking are all in the nature of corrections, streamlining, updates to reflect federal law or approved variances, and clarifications and the MPCA believes that the only effect of the changes will be to eliminate obsolete or somewhat duplicate requirements and improve the understanding and accuracy of the existing requirements.

The agency stated that it would pursue amendments to incorporate existing practices into law for the two items listed below. No significant costs were expected with these additional amendments.

  • The Resources Conservation and Recovery Act (RCRA) program contains requirements for air emissions from hazardous waste incinerators. The amendments would enable regulated parties to demonstrate compliance with RCRA air permit standards by demonstrating compliance with Clean Air Act Maximum Achievable Control Technology (MACT) requirements. This option is allowed under federal law and requires adoption of specific language at the state level for implementation.
  • The solid waste program has approved variances to MMSW ash testing requirements for regulated parties. Because every facility has a variance, it makes sense to modify the rule to reflect current practice and requirements.

Request for comments (January 13, 2019)

The MPCA noted that various federal rules and state rules have been promulgated during the Land Housekeeping Rulemaking development. Given the lapse in time, the MPCA believes that a second RFC should be published to ensure that regulated parties and stakeholders are aware that the MPCA is including additional amendments for transparency. Thus, the MPCA published a second RFC on January 14, 2019, and stated it was broadening the scope of the rule amendments to include:

  1. Chapter 7045 for hazardous waste:
    1. Incorporation of new federal recycling legitimacy criteria, 80 FR 1693-1814, January 13, 2015, with alterations for existing state recycling legitimacy criteria.
    2. Incorporation of new federal generator requirements related to the Hazardous Waste Generator Improvements Rule, 81 FR 85732-85829, November 28, 2016, with alterations for existing state generator requirements and reorganization of container standards for generators.
    3. Incorporation of new federal hazardous waste manifesting requirements, including requirements for electronic manifests, 79 FR 7517-7563, February 7, 2014, and 83 FR 420-462, January 3, 2018.
    4. Incorporation of new federal hazardous waste export-import requirements, 81 FR 85696-85729, November 28, 2016.
    5. Adoption of proposed new federal allowance to manage aerosol containers as universal waste, 83 FR 11654-11667, March 16, 2018, with alteration for existing state pilot hazardous waste management program for aerosols and compressed gas cylinders.
    6. Incorporation of new Minnesota household pharmaceutical collection requirements to implement the requirements of Minnesota Laws 2016, chapter 124, which have been codified into Minn. Stat. § 151.01, subds. 2 and 27; Minn. Stat. § 151.37, subds. 2, 6, 6a, 7, and 13; and Minn. Stat. § 152.105 (2018).
    7. Repeal of obsolete used oil filter requirements and reorganization of existing used oil standards.
    8. Repeal of obsolete generator licensing conditions.
    9. Repeal of obsolete state household battery collector standards.
    10. Repeal of obsolete state transfer facility requirements.
  2. Chapter 7035: The MPCA originally proposed incorporating existing approved variances for mixed-municipal solid waste (MMSW) ash testing into the rule. Now, the MPCA is proposing to do that with the exception of sampling and frequency for ash testing for mercury, which will remain as it is in the existing rule.
  3. If rules in additional chapters relating to other MPCA programs are identified as being obsolete or requiring minor correction or clarification, those amendments may also be conducted with this rulemaking.
  4. Other areas. The MPCA will also consider other areas that come up, but only as we have time for any of the rules.

Schedule and opportunities to participate

Task

Date(s)

Publish Request for Comments

October 21, 2013

Stakeholder engagement

June 13, 2014. Posted a preliminary draft of rule on this webpage for stakeholder review. Notice of the availability of the preliminary draft was provided through GovDelivery. Informal comments in response to the preliminary draft rule language for Land-Related Housekeeping rule were due July 16, 2014.

Publish Request for Comments

January 14, 2019

Publish notice of proposed rules in the State Register

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

Final adoption of rules (no hearing expected)

Approximately 3 months after publication of Notice.

Procedural rulemaking documents

October 2013

PDF icon First Request for Comments (sw-rule4-00)

No comments were submitted in response to 10/21/13 RFC

January 2019

PDF icon Second Request for Comments

January 14, 2019

Responses

Related materials

PDF icon Preliminary draft rule language for Land-Related Housekeeping Rule (sw-rule4-01)

PDF icon Informal responses to preliminary draft rule language (sw-rule4-02)

Staff contacts

For technical questions about the content of this rulemaking:

For questions about the rulemaking process: Yolanda Letnes - Yolanda.letnes@state.mn.us