Draft concepts for the cumulative impacts analysis rules

When a CI Analysis is required: How should the MPCA differentiate when a cumulative impacts analysis is required for the reissuance of a permit for an existing facility versus for a permit for a newly constructed facility or a facility expansion? Should there be a difference? Why, or why not? (Refer to presentation slide 18)

When a CI Analysis is required: Should a newly constructed facility automatically be required to do a cumulative impact analysis? Why, or why not? (Refer to presentation slide 18)

When a CI Analysis is required: Should existing facilities applying for a permit for a facility expansion that does NOT increase emissions be required to go through a cumulative impact analysis? Why, or why not? (Refer to presentation slide 18)

When a CI Analysis is required: Should the timing of a facility’s last cumulative impact analysis impact whether or not they are required to do a cumulative impact analysis? Why, or why not? (Refer to presentation slide 18)

When a CI Analysis is required: The MPCA is considering comparing each individual environment stressor to the county or state median for that stressor. The total number of stressors above that median would then be compared to the median number of stressors above the median in the county or state, excluding environmental justice areas. Facilities in environmental justice areas with the number of stressors above the median of the county or state would be required to do a cumulative impact analysis. Should the degree above the median for each environmental stressor, or for the total number of environmental stressors, affect which facilities are required to complete a cumulative impact analysis? Is there a threshold at which any one environmental stressor should trigger a cumulative impact analysis? Why, or why not? (Refer to presentation slide 17)

When a CI Analysis is required: Do you have any other feedback on when a cumulative impact analysis is required?

Petition Process and Material Evidence: The MPCA is considering basing the petition process for this rule on the existing Environmental Review petition process. These rules govern how to evaluate a petition by considering information such as the type, extent, and reversibility of effects and if those effects are mitigated or controlled by other actions. What criteria do you think MPCA should use to evaluate a petition and determine if a cumulative impacts analysis is needed? (Refer to presentation slide 20).

Petition Process and Material Evidence: The statute requires a petition include material evidence demonstrating “a potential adverse cumulative impact to the impacted environmental justice area”. If a facility potentially needs to complete a cumulative impact analysis, what information should be available to the community before the decision regarding the need for an analysis is made?

Petition Process and Material Evidence: Should MPCA allow submissions of petitions requesting a cumulative impact analysis any time before the air permit is issued? Why, or why not? (Refer to presentation slide 20)

Petition Process and Material Evidence: What barriers would you or your community face when drafting and submitting a petition requesting a cumulative impact analysis be conducted by a facility in your community? 

Petition Process and Material Evidence: Do you have any other feedback on petition processes and material evidence? 

CI Analysis Contents: If a facility is required to do a cumulative impact analysis for a facility expansion, should the cumulative impact analysis focus on only the impacts from the expansion, or the entire facility? Why, or why not? (Refer to presentation slides 22-24)

CI Analysis Contents: Are there any community characteristics, landmarks, or significant sites (ex. sacred sites, penitentiaries, historically significant sites) that should trigger the addition of supplemental materials to a cumulative impact analysis? What should the required supplemental material be? (Refer to presentation slides 23-24)

CI Analysis Contents: What do you think of the baseline information vs supplemental information, and when they would be required? What other information do you think should be included and/or evaluated in a cumulative impacts analysis? (Refer to presentation slides 22 and 23)

CI Analysis Contents: Should a cumulative impacts analysis evaluate localized impacts of climate, flooding, and extreme weather events? How should the facility take these impacts into consideration when conducting a cumulative impact analysis?

CI Analysis Contents: As a part of the cumulative impact analysis, the MPCA is considering how to collect lived experiences and stories (e.g., through providing comments). Would you support the agency and/or regulated facilities doing this?

CI Analysis Contents: Do you have any other feedback on the contents of a cumulative impact analysis?

Substantial Adverse Impacts: Should a facility who has the potential for substantial adverse impact, first analyze and propose feasible control measures to avoid these impacts and then re-evaluate their potential for substantial adverse impact, potentially avoiding a community benefit agreement if they do not have a substantial adverse impact? (Refer to presentation slide 28)

Substantial Adverse Impacts: Should it be the responsibility of the facility to demonstrate that they will not cause a substantial adverse impact? (Refer to presentation slide 27) 

Substantial Adverse Impacts: How should a facility evaluate their impacts considering environmental stressors present in the environmental justice area? Should environmental stressors be weighted differently based on the magnitude of their potential effects? (Refer to presentation slides 26-27) 

Substantial Adverse Impacts: Should the quantity of adverse environmental stressors in the environmental justice area be compared to the county or state median number of adverse environmental stressors to determine if there is potential for a substantial adverse impact? (Refer to presentation slides 26-27)

Substantial Adverse Impacts: Should different permit application types (new construction, expansion or reissuance) have the same considerations when evaluating substantial adverse impacts?

Substantial Adverse Impacts: Do you have any other feedback on substantial adverse impacts?

Tribal Considerations: Treaty rights, alongside court rulings and legislation, protects the rights that indigenous members have to hunt and gather on ceded territories. How can the MPCA consider these rights, and other Tribal considerations, throughout the cumulative impacts analysis rules? (Refer to presentation slides 38-39)

Tribal Considerations: Do you have any other feedback on tribal considerations?

Public Participation Requirements: What type of information about a facility, project or environmental justice area would assist your participation in any public meeting held during the cumulative impacts analysis process?

Public Participation Requirements: What actions or methods would you recommend to help achieve community engagement throughout the cumulative impacts analysis process? 

Public Participation Requirements: Do you have any other feedback on public participation requirements? 

Community Benefit Agreements: How should the MPCA require facilities to conduct outreach in non-English languages in EJ areas? How should the non-English language used in outreach be chosen (percentage of language speakers in the EJ area, request by community members, etc.)? Why?

Community Benefit Agreements: Do you think the suggested timeline for the community benefit agreement process is appropriate? (Refer to page 4 of the cumulative impact draft rule flow diagram)

Community Benefit Agreements: What are your thoughts on the draft outreach requirements for facilities who are required to develop a community benefit agreement? What do you like or dislike? Why? (Refer to presentation slide 31)

Community Benefit Agreements: Do you have any questions or concerns about the roles of the MPCA vs the facility in implementing the community benefit agreement portion of the rule? (Refer to page 4 of the cumulative impact draft rule flow diagram) 

Community Benefit Agreements: Should the benefits included in the CBA be specific to the impacts of the proposed project or should benefits be based on the impacts of the entire facility’s operation?

Community Benefit Agreements: Do you have any other feedback on community benefit agreements? 

What other questions and/or comments do you have on this rule?