Cumulative Impacts Rulemaking

What is rulemaking? Rulemaking is the process when a state agency (like the Minnesota Pollution Control Agency) creates rules to clarify implementation of a law that has been passed. These rules cannot go beyond what the law dictates, they can only provide more details about how parts of the law will be implemented.

The rulemaking part of the cumulative impacts law is going to be a crucial part of the process. The rules written under this process have the potential to create a strong law that empowers communities and workers, or a weak law that just slightly inconveniences major polluters.

That’s why we must make

What rules is the MPCA writing?

There are 7 rules that the MPCA will write to clarify how the cumulative impacts law will function:

Setting benchmarks to determine when a facility is required to conduct a cumulative impacts analysis. The commissioner may still require facilities below those benchmarks to conduct an analysis, but any facility that meets any of the benchmarks will have to do a cumulative impacts analysis as part of their permit application.
Determine what information must be included in the cumulative impacts analysis. This will be using publicly available data and looking at other sources of pollution and stressors in the community that may make them more vulnerable to pollution.
Define conditions, criteria, or circumstances that establish an environmental or health impact as a substantial adverse impact. If a facility conducts an analysis that shows they meet these criteria, they will either have their permit denied or have to try to enter into a community benefit agreement.
Establishing the content of the community benefit agreement and procedures for entering into a community benefit agreement. This must include at least one public meeting, and active outreach to residents of the impacted environmental justice community. The permit applicant must also show that there will be benefits to the impacted community that go beyond jobs.
Establish a petition process and form to be submitted to the agency by environmental justice area residents to support the need for a cumulative impacts analysis. If a facility does not meet the benchmarks laid out in point one, community members can submit a petition to the MPCA, asking the commissioner to require an analysis.
Establish a process by which Tribal government can elect to apply this section to a permit application. This allows Tribal governments to opt into the policy if they would like a facility on their land to conduct a cumulative impacts analysis.
Establish methods for holding public meetings and handling public comments. This must include things like providing translated materials and sharing information about upcoming public meetings using multiple communication methods.

What will this rulemaking process look like?

This rulemaking process began with an open comment period, which started on July 24th and runs until October 6th. This is an opportunity for members of the public, organizations, businesses, and other stakeholders to leave comments with their initial thoughts about the proposed rules.

After that comes the process of drafting the proposed rules. We are advocating for this to be an inclusive, collaborative process that truly centers community voices from frontline communities. We need to urge the MPCA to create rules that will truly protect and empower overburdened communities.

Be sure to check back on this page for regular updates!

History

The concept of addressing cumulative impacts through the regulatory process is not new to Minnesota.

2008

The momentum for addressing the problem of the role state permits play in generating toxic cumulative pollution in overburdened communities, has been growing for decades. In 2008, South Minneapolis environmental justice activists passed a state bill requiring a cumulative impacts analysis for any facility seeking an air permit in the Phillips Community, an environmental justice neighborhood. This law, though limited in geography, was formative in that it laid the groundwork for the state’s regulatory bodies to establish a framework for addressing cumulative impacts.

2017

In 2017, the Northside-based grassroots organization Community Members for Environmental Justice (CMEJ) worked closely with their state representative, Fue Lee, to draft and introduce the first statewide cumulative impacts bill to protect all communities overburdened by polluting industry and Minnesota Pollution Control Agency’s permitting process. CMEJ and North Side Minneapolis residents worked tirelessly to keep this bill alive until its moment for passage was possible. In 2019, COPAL and the Minnesota Environmental Justice Table began collaborating with mainstream environmental organizations to build the momentum for addressing cumulative impacts at a statewide level.

2023

Over the last five years, under the leadership of CMEJ as well as COPAL and the Minnesota Environmental Justice Table, numerous groups have continued to organize, testify, and show up to drive this bill forward. Through grassroots organizing and advocacy, our state’s broad and diverse environmental justice community has shown that Minnesota must address the systemic issue of environmental racism. The cumulative impacts law is a powerful step forward.