REQUEST FOR COMMENTS on Possible Amendments to Rules Governing Draft Environmental Impact Statements Developed for the Environmental Review Program, Minnesota Rules Chapter, 4410; Revisor’s ID Number R-04494

Subject of Rules.  The Minnesota Environmental Quality Board (EQB or Board) is revising the existing rules governing the Environmental Review Program and more specifically the development of draft environmental impact statements (EISs). These rule amendments will incorporate the statutory amendments made in the 2017 legislative session. This possible rulemaking may include the following rule parts:

·         Definitions and abbreviations located under part 4410.0200.

·         Procedures for the preparation, review and modification of draft EISs located under part 4410.2550.

·         Procedures for the preparation, review and modification of draft EISs located under part 4410.2600.

This rulemaking may also include revisions that may come up as a result of public comments and further review of Chapter 4410.  This rulemaking can be referred to as the “Draft EIS Rulemaking.”

Plain English Summary.  This Request for Comments is the Board’s legal notice of its intent to begin rulemaking. This is the first of several opportunities for public comment and input on this rulemaking. At this stage, we do not have a draft rule; we want your feedback to inform us about the ideas described under the Subject of Rules section above. If you have other ideas related to this rulemaking that we need to consider, please submit them in writing. Submitting your ideas and information to us at this early stage in rulemaking allows us more time to address issues that may come up, and helps to ensure informed decision-making on our part.

Where to Get More Information.  If you are interested in being notified when a draft of the rule revisions is available and of other activities related to this rulemaking, please register under “Sign up for email notices” via GovDelivery at: http://www.eqb.state.mn.us/.  If you are unable to receive electronic notices, please contact EQB Environmental Review Program at 651-757-2873.

Persons Affected.  The proposed amendments may affect project developers, local units of government and state agencies, private citizens and citizens groups, and environmental groups.  However, changes to the rules governing the Environmental Review Program may directly or indirectly affect all citizens of the state. 

Statutory Authority.  Minnesota Statutes, section 116D.045, subd. 1 (2) which authorizes the EQB to adopt rules governing the preparation of a draft environmental impact statement.

Public Comment.  Interested persons or groups may submit comments or information on these possible rules in writing or orally until December 7, 2017 at 4:30pm central time. The EQB will not publish a notice of intent to adopt the rules until more than 60 days have elapsed from the date of this request for comments. Interested and affected parties are invited to submit information relative to the cumulative effect of the rule with other federal and state regulations. 

Rules Drafts.  The Board has not yet drafted the possible rules amendments.

Agency Contact Person.  Written or oral comments, questions, requests to receive a draft of the rules when it has been prepared, and requests for more information on these possible rules, should be directed to:

Erik Cedarleaf Dahl

Environmental Quality Board

520 Lafayette Road North

St. Paul, MN 55155

Phone:  (651) 757-2364

Fax:  (651) 297-8683

erik.dahl@state.mn.us 

Alternative Format.  Upon request, this information can be made available in an alternative format, such as large print, braille, or audio. To make such a request, please contact the agency contact person at the address or telephone number listed above.

Note:  Comments received in response to this notice will not necessarily be included in the formal rulemaking record submitted to the administrative law judge if and when a proceeding to adopt rules is started. The agency is required to submit to the judge only those written comments received in response to the rules after they are proposed. If you submitted comments during the development of the rules and you want to ensure that the administrative law judge reviews the comments, you should resubmit the comments after the rules are formally proposed.

11/8/2017