EQB Rulemaking on Silica Sand Mining
July 21st, 2013
Minnesota state agencies are hosting two meetings on August 2, one in Red Wing and another in Winona, to discuss the legislative mandates of this last session, including Standards and Criteria under Minn. Stat. 116C.99:
Red Wing: 9:00 a.m. at the St. James Hotel
Winona: 1:30 p.m. at Winona State University, Tau Center Rotunda, 511 Hilbert St
OK, now add to that…
The EQB just sent out notice on what they’re calling a “Silica Sand Rulemaking” under which the EQB shall :
The EQB shall consider whether the requirements of Minnesota Statutes, section 116C.991, should remain part of the environmental review requirements for silica sand and whether the requirements should be different for different geographic areas of the state.
See also (came in same envelope) the “Mandatory Categories Rulemaking” starting up:
OK, so what does that phrase quoted above from the Silica Sand Mining Rulemaking Request for Comments mean? Let’s look at the statute, the legislative site says, “Statute section 116C.991 does not exist.” OK, so now let’s now look at the Session Laws, here’s what it says in mandating the PCA, DNR and EQB rulemaking and DoH “value” (whatever the hell that is):
Sec. 105. RULES; SILICA SAND.
(a) The commissioner of the Pollution Control Agency shall adopt rules pertaining
to the control of particulate emissions from silica sand projects. The rulemaking is exempt
from Minnesota Statutes, section 14.125.
(b) The commissioner of natural resources shall adopt rules pertaining to the
reclamation of silica sand mines. The rulemaking is exempt from Minnesota Statutes,
section 14.125.
(c) By January 1, 2014, the Department of Health shall adopt an air quality
health-based value for silica sand.
(d) The Environmental Quality Board shall amend its rules for environmental
review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and
processing to take into account the increased activity in the state and concerns over the
size of specific operations. The Environmental Quality Board shall consider whether
the requirements of Minnesota Statutes, section 116C.991, should remain part of the
environmental review requirements for silica sand and whether the requirements should
be different for different geographic areas of the state. The rulemaking is exempt from
Minnesota Statutes, section 14.125.
EFFECTIVE DATE.This section is effective the day following final enactment.
OK, so next, exempt from Minn. Stat. 14.125, what’s that? It’s a time limit, so this says they’re not bound by the time limit in Minn. Stat. 14.125.
They’re looking for Comments, at the same time, on what should be included or not included in Mandatory EAW and EIS categories (silica sand, anyone?), and wanting to know whether 1) “the requirements of Minn. Stat. 116C.991 should remain part of the environmental review requirements for silica sand” and 2) “whether the requirements should be different for different geographic areas of the state.”
I think we’d better ask Sen. Matt Schmit to explain it. I have! sen.matt.schmit@senate.mn.
But FYI, it looks to me like the statute calls into question whether the rules mandated by (a), (b), and (c) should remain part of environmental review requirements for silica sand. EH? SAY WHAT? I DON”T THINK SO! Please explain how I’m wrong about that… please…
(a) The commissioner of the Pollution Control Agency shall adopt rules pertaining
to the control of particulate emissions from silica sand projects. The rulemaking is exempt
from Minnesota Statutes, section 14.125.
(b) The commissioner of natural resources shall adopt rules pertaining to the
reclamation of silica sand mines. The rulemaking is exempt from Minnesota Statutes,
section 14.125.
(c) By January 1, 2014, the Department of Health shall adopt an air quality
health-based value for silica sand.
Comments on “Silica Sand Rulemaking” are due 4:30 p.m. August 23, 2013:
Jeff Smyser, EQB Jeff.Smyser@state.mn.us 520 Lafayette Road North St. Paul, MN 55155
Comments on “Mandatory Categories Rulemaking” are due 4:30 p.m. August 23, 2013:
Kate Frantz, EQB kate.frantz@state.mn.us 520 Lafayette Road North St. Paul, MN 55155
Stay tuned for more information.
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