Legalectric

To the rulemaking staff at MPCA, EQB and DNR:  YOU’RE AVOIDING PUBLIC INPUT ON DRAFT RULES PRIOR TO BRINGING TO PROPOSAL TO THE BOARD.  NOT ACCEPTABLE!

DISCLOSE DRAFT RULES FOR REVIEW BY ADVISORY COMMITTEE PRIOR TO TAKING TO EQB BOARD!

“Bogus?”  Yes, bogus, because a Rulemaking Advisory Committee is “to comment, before publication of a notice of intent to adopt or a notice of hearing, on the subject matter of a possible rulemaking under active consideration within the agency.”  That is NOT happening.

What is there to show for the YEAR since the statute was passed and signed to trigger this rulemaking?  What is there to show for the SIX MONTHS of monthly meetings of the Rulemaking Advisory Committee?  Here it is — the agencies’ “DRAFT concepts” document that they passed out at the May 18 meeting (note it’s not even close to a DRAFT rule):

140516 Air Rule Concept Document

I was told that it would be posted on the Advisory Committee page, well, that was over a month ago and it’s still not posted in preparation for or after the June meeting.  Looking at that Advisory Committee page, there are no materials published for the May meeting, nor are there any for June:

Silica Sand Rulemaking Advisory Panel

This is not public involvement, and this is not providing an opportunity for review of the draft rules.  This committee has been meeting for six months now, and there’s a statement that the proposal will go before the EQB in September…

So back to the EQB.  Thursday’s EQB meeting was a long meeting, one which Alan and I only attended for the CO2 discussion and did not stay for the silica sand discussion (we both received only one day’s notice on this pre-meeting “listening session.”).  No packet materials were posted.  From the EQB site: EQB board meeting proposed agenda, June 18, 2014: Agenda and accompanying materials for meeting, June 18, 2014. (54.38K, .pdf).  NOTHING in the way of materials whatsoever, though one member commented on the large quantity of materials in the packet.

Now I’ve had a chance to listen to the video (THESE VIDEOS ARE MUCH APPRECIATED!).  Check it out:

During the silica sand part, EQB E.D. Will Seuffert stated that the Advisory Panel met yesterday, that would have been June 17, 2014, and that their intent is to have a proposal before the Board for the September meeting.

So the Rulemaking Advisory Committee will see the proposals when and have time to review them when???  This committee has been meeting for six months and has yet to have a draft rule to review.

Since day one, I’ve been warning, predicting, declaring, that what these agencies are doing is paying lip service to engagement of the public, the “stakeholders” in this process, and forging on without giving them any opportunity to participate in a meaningful way, and certainly not giving them any opportunity to comment on rule drafts as anticipated by the statute.  I’ve been pushing staff about it, and get assurances that no, that’s not what’s going on.  HA!

Check this video, particularly starting ~ 53, where DNR staff is explaining rulemaking at the FIFTH meeting of this Rulemaking Advisory Committee, talking around participation of the committee and brushing off any expectation of a draft rule. GRRRRRRR. LISTEN TO MAY MEETING HERE.

And to add to the mess, those supposedly representing the public are not providing updates to those they’re supposed to be representing.  GRRRRRRRRRRR.  No reports on these meetings whatsoever.  As representatives, it’s your job to provide updates after the meetings with analysis of what happened and next steps.  Nada… not a word.  I’m certainly not feeling represented!

Some posts on the failure of agencies involved to properly and meaningfully utilize the Advisory Committee to comment on DRAFT RULES:

And once more with feeling, state law clearly and expressly authorizes and establishes the role of a Rulemaking Advisory Committee.  The statutory purpose is to COMMENT on the proposed draft… BEFORE it’s published:

14.101 ADVICE ON POSSIBLE RULES.

Subd. 2.Advisory committees.

Each agency may also appoint committees to comment, before publication of a notice of intent to adopt or a notice of hearing, on the subject matter of a possible rulemaking under active consideration within the agency.

These agencies adamantly objected to formation of an Advisory Committee, from that earlier blog post, “Someone explain rulemaking to the MPCA“ here’s the MPCA resistence and an explanation:

Who cares about rulemaking?  Who cares about rules?  I care!  Anyone looking to the state to protect the health and safety of Minnesotans!  And that IS their job.

FYI, an aside… recently a little birdie involved with a new sand plant in Wisconsin told me that it’s not in compliance with air permits, and might not ever be able to bring it into compliance (not without spending more money on  limiting emissions than they want to!).  These emissions rules being developed in Minnesota are crucial.

Rules are important.  Let’s see the DRAFT rules and give us reasonable time to review and comment!