Housekeeping rulemakings

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. New rulemaking efforts will be initiated as the need is identified.

Land housekeeping amendments

The MPCA is considering minor corrections to rules governing the following land-related program areas:

  • MPCA Procedural Rules in ch. 7000 (considering changes to correct errors and clarifications to more accurately reflect the handling of contested cases)
  • Permits and Certification in ch. 7001 (considering the addition of relevant cross-references)
  • Solid Waste in ch. 7035 (considering a number of 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)
  • Hazardous Waste in ch. 7045 (considering a number of 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 (considering expanding the options for providing notice of grant opportunities)
  • Solid Waste Planning; Certificate of Need in 9215 (considering the correction of a cross reference)

The housekeeping amendments being considered will 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 has also identified two areas where amendments are necessary to incorporate existing practices into law:

  • 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.

These amendments are not expected to add costs to existing requirements and are still considered housekeeping amendments.

Persons interested in receiving notice of this rulemaking are encouraged to register to receive notices from MPCA's e-mail signup.

Tentative schedule

Task

Date(s)

Publish Request for Comments

October 21, 2013

Stakeholder engagement

June 13, 2014. A preliminary draft of rule was posted on this webpage for stakeholder review in advance of State Register publication of the MPCA’s Notice of Intent to Adopt Proposed Rules. 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 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.

Notices/exhibits/reference materials

Contact

Yolanda Letnes
520 Lafayette Road North
St. Paul, MN 55155-4194
651-757-2527
Yolanda.letnes@state.mn.us