The Minnesota Pollution Control Agency (MPCA) held an administrative hearing on its proposed “cumulative impact” rules on Tuesday, September 1, 2026. The public now has an additional chance to provide written comment before Administrative Law Judge Kimberly Middendorf issues her report on the propriety of the proposed rules.
Background
Minn. Stat. § 116.065, adopted in 2023, requires the MPCA commissioner to promulgate rules “to implement and govern cumulative impacts analyses and issuance or denial of [major or state air] permits for facilities that impact environmental justice areas.” Under the statute, facilities in or within one mile of an “environmental justice area” in the seven counties surrounding Minneapolis and St. Paul or within the cities of Rochester and Duluth must include with their permit applications a data-supported determination of whether the permitted action is likely to impact the environment or the health of residents of the relevant environmental justice area. The statute also requires the MPCA commissioner to determine whether a permit action requires a “cumulative impacts analysis,” whether it may substantially impact the environment or health of the residents of an environmental justice area, and whether a “community benefit agreement” may be necessary before the permit action can be approved. In adopting these requirements, Minnesota became only the second state in the nation (following New Jersey) to regulate air emissions based on “environmental justice” concerns.
On May 18, 2026, MPCA published its draft set of “cumulative impacts” rules and notice of an administrative hearing on the rules to occur on September 1st. See “Minnesota Pollution Control Agency Releases Long-Awaited Draft ‘Cumulative Impact’ Rules for Minnesota’s ‘Environmental Justice’ Areas.” In addition to modifying existing rules governing air permit applications and approvals, the proposed rules create a new section within Minn. R. Ch. 7007 (7007.6000 - .6120) focused exclusively on the new cumulative impacts requirements. Publication of the draft rules opened a public comment period that lasted until July 17, 2026. One hundred eighty-two commenters submitted 61 comments during this period, to which the MPCA provided responses last month.
Hearing Summary
Judge Middendorf began the hearing by reminding the participants that the Office of Administrative Hearings has three specific roles in this proceeding. Namely, to determine whether MPCA: (1) has the legal authority to adopt the proposed rules; (2) has fulfilled all relevant legal and procedural requirements to promulgate the rules; and (3) has demonstrated the need and reasonableness of each portion of the proposed rules. Her role is not, she emphasized, to second guess the substance of the proposed rules.
After MPCA representatives introduced its exhibits in support of its proposed rules and provided a summary of the rules’ history and contents, Judge Middendorf opened the hearing to oral comments from attendees. All 14 commenters were environmental justice area members or representatives of community or environmental organizations. Generally, the commenters were supportive of the underlying statute and many aspects of the proposed rules, but believed the latter fell short of the standards established in the former. The rules surrounding Community Benefit Agreements (CBAs) were a frequent topic of criticism, with many commenters sharing their belief that CBAs could too easily substitute for tougher emission restrictions or could even be used to avoid a permit recission altogether.
Next Steps
Judge Middendorf used her authority during the hearing to reopen the public comment period for an additional 20 days following the hearing. Members of the public may now offer additional comments in one of three ways: (1) electronically (the preferred method); (2) via U.S. mail to Court of Administrative Hearings, Attn: Judge Kimberly Middendorf, P.O. Box 64620, St. Paul, MN 55164-0620; or (3) via fax to 651-539-0310. Regardless of the delivery system, comments must be received by 4:30 p.m. on September 21, 2026. A five-business-day rebuttal comment period for responses to submitted comments commences immediately thereafter. Rebuttal comments may be submitted via one of the above three methods, and they must be received by 4:30 p.m. on September 28, 2026. Written comments mailed or faxed must make clear they are being submitted regarding Docket no. 21-9003-39398.
Finally, Judge Middendorf stated she will issue her report on the proposed rules within 30 days of the close of the record, unless an extension is granted. The report, once issued, will be available at either the MN Court of Administrative Hearings Public & Media webpage or the Administrative Law Archives.
Fredrikson’s Environmental Law team will continue to monitor and report on the status of this rulemaking and the pending air toxics rules. The team also stands ready to assist clients with their implementation and any other environmental law needs you may have.
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