Minnesota Environmental Review and Permitting ENVIRONMENTAL REVIEW AND PERMITTING PROGRAM OVERVIEW  www.eqb.state.mn.us

National Environmental Policy Act of 1969 (NEPA) Minnesota Environmental Policy Act of 1973 (MEPA) Established the Environmental Quality Board (EQB) Required by Minnesota Rule Chapter 4410 what projects need review, which unit of government performs the review, and how the review should be done NEPA Established Council on Environmental Quality (CEQ) Required for federal actions – policy, permitting, funding etc. Each agency develops implementing procedures Primary Differences When review is required Who performs the review What is included in the review 1/15/2019 www.eqb.state.mn.us

Other State Environmental Policy Acts Act/Regulation California CEQA Connecticut CEPA District of Columbia EPA Georgia GEPA Hawaii OEQC Indiana IDEM Massachusetts MEPA Maryland Minnesota Montana New Jersey Executive Order #215 New York SEQR North Carolina SEPA South Dakota Statute 34A Virginia Virginia Code Washington Wisconsin WEPA 1/15/2019 www.eqb.state.mn.us

Environmental Review Objectives (4410.0300) Delegate authority to Responsible Governmental Unit Environmental Effects of a Project Public access to decision makers Eliminate duplication Reduce delay and uncertainty 1/15/2019 www.eqb.state.mn.us

Environmental Review VS Permitting Provides relevant information for all environmental approval decisions Prevents costly reconstruction Public concerns identified ahead of final approvals Considers cumulative, social and economic impacts Permitting Required to construct & operate Focused on specific regulatory compliance Final design decisions made Narrow public process Enforceable conditions Environmental Review is not an approval process does not approve or disapprove a project, does not itself impose conditions on projects and does not change authority of governmental units 1/15/2019  www.eqb.state.mn.us

Responsible Governmental Unit Roles Responsible Governmental Unit Project Proposer Public 1/15/2019 www.eqb.state.mn.us

Environmental Review Documents Citizen Petition for an EAW Environmental Assessment Worksheet (EAW) Environmental Impact Statement (EIS) AUAR, GEIS, and other alternative forms of review Most Frequent 1/15/2019 www.eqb.state.mn.us

Program Statistics (n=122) 1/15/2019

Program Challenges Tensions between the public, project proposers and regulatory requirements can lead to perceptions of dissatisfaction with the process. Identifying training needs; staffing changes, review frequency Statewide categories vs. regional/local concerns Some projects, that minimally exceed the threshold, can be delayed without an obvious environmental benefit. Jurisdictional differences in review: local, state and federal Addressing emerging issues 1/15/2019 www.eqb.state.mn.us

Benefits of Environmental Review Provides an holistic, ecological view of potential environmental effects for decision- makers Considers cumulative environmental impacts Flexible; opportunities for alternative review processes Public-oriented Provides the public with relevant technical environmental information in a single document, to help them participate in local decisions before projects can be constructed. Helps project proposers early in their design process Identify and address regulatory and community concerns, before project designs are final 1/15/2019 www.eqb.state.mn.us

Minnesota Permitting Efficiency Goals Statutory goals Tier 1—approve or deny permit application within 90 days of complete application Tier 2—approve or deny permit application within 150 days of complete application 1/15/2019 www.eqb.state.mn.us

DNR Permits Tier 1 Aquatic plant management — for renewals, if no site visit required Water appropriation — for temporary water use under an existing general permit Work in public waters — for work under a general permit 1/15/2019 www.eqb.state.mn.us

DNR Permits Tier 2 Aquatic plant management — for new applications, or if site visit otherwise needed Water appropriation — for individual permits, or new General Permits Work in public waters — for individual permits, or new General Permits Taking of endangered or threatened species Metallic mineral mining (ferrous and non-ferrous) Peat mining 1/15/2019 www.eqb.state.mn.us

DNR Permits For FY17, DNR received 7300 new applications 3593 Tier 1 & 3708 Tier 2 6617 applications approved or denied 485 applications withdrawn 623 applications in progress after 6/30/17 1/15/2019 www.eqb.state.mn.us

DNR Permits FY17: Only 8 Tier 1 permits (less than 0.5%) took longer than 90 days to approve or deny following a complete application Only 81 Tier 2 permits (2.6%) took longer than 150 days to approve or deny following a complete application Incomplete applications are primary cause for permits not approved or denied within 90/150 days of initial application 1/15/2019 www.eqb.state.mn.us

MPCA Permits Air stationary source of emissions Solid waste facility Hazardous waste NPDES/SDS (individual water discharge) General construction stormwater permits Municipal and industrial stormwater permits Aboveground storage tanks 1/15/2019 www.eqb.state.mn.us

MPCA Permits MPCA policy is to prioritize permits for new or expanding projects Priority permits typically defined as needing some construction at the site “Non-priority” permits are generally routine reissuances not requiring substantive changes; typically less time-sensitive to permittees Permittees covered under existing permits until reissuance completed 1/15/2019 www.eqb.state.mn.us

MPCA Permits In FY17, MPCA received 3070 permit applications: 2335 were Tier 1 priority; 173 Tier 1 non-priority 100 were Tier 2 priority; 462 were Tier 2 non-priority 96% of Tier 1 priority permits issued within goal 38% of Tier 2 priority permits issued within goal 1/15/2019 www.eqb.state.mn.us

MPCA Permits FY17 Summary: Issued 94% of priority air, water and land permits (Tiers 1 and 2) within goal timeframes Issued 46% of non-priority air, water and land permits (Tiers 1 and 2) within goal timeframes Issued 87% of all air, water and land permits (Tiers 1 and 2) within goal timeframes 1/15/2019 www.eqb.state.mn.us

Tribal Consultation 2013 Governor’s Executive Order: All agencies recognize unique legal relationship with Tribal Nations Subset of agencies (including MPCA and DNR) shall develop tribal consultation policies in conjunction with Tribal Nations, and annually identify topics or issues to address All agencies designate a principal point of contact for Tribal Nations All agencies institute training to staff who work with Tribal Nations State Historic Preservation Office/ Cultural Resource assessments 1/15/2019 www.eqb.state.mn.us

Tribal Consultation MPCA: Instituted tribal consultation policy for decades EPA directs that delegated agencies conduct consultation; Region 5 highly engaged Assistant Commissioner is designated Consultation Official/Tribal Liaison; program staff have regular contact on specific projects Issues of concern: water quality and permits, mining, wild rice, pipelines 1/15/2019 www.eqb.state.mn.us

Tribal Consultation DNR: DNR Operational Order 129—consistent with Executive Order 13-10 Assistant Commissioner serves as Tribal Liaison Regional Directors conduct annual consultation with individual bands Separate formal coordination and communication protocols under treaties, court agreements, etc. Quarterly regional meetings re mining topics Formal and informal consultation re specific DNR actions—permits, environmental review, fisheries, etc. DNR permits generally not required for tribal members on tribal lands 1/15/2019 www.eqb.state.mn.us

Thank you! Questions?