1. Minnesota Environmental Review and Permitting
ENVIRONMENTAL REVIEW AND PERMITTING PROGRAM OVERVIEW  

2. 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
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3. 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
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4. 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
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5. 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
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6. Responsible Governmental Unit
Roles
Responsible Governmental Unit
Project Proposer
Public
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7. 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
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8. Program Statistics
(n=122)
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9. 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
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10. 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
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11. 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
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12. 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
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13. 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
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14. 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
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15. 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
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16. 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
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17. 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
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18. 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
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19. 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
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20. 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
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21. 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
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22. 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
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23. Thank you! Questions?