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Minnesota could take over some EPA permitting under bill

Construction projects in Minnesota that could impact wetlands sometimes need up to five permits to satisfy the issue before they’re allowed to proceed. This often lengthy process has been a source of frustration to some and has now prompted legislation aimed at streamlining those regulations.

The House Environment and Natural Resources Policy and Finance Committee heard testimony on HF690 Wednesday, then laid it over for possible omnibus bill inclusion.

Sponsored by Rep. Dan Fabian (R-Roseau), HF690 calls for a feasibility study to examine whether the state should take over one portion of the permitting process – known as Section 404 – currently overseen by the Environmental Protection Agency.

“If you have had experience with your local county engineers and the need to get these 404 permits, there are tremendous delays involved,” Fabian said. “When it takes a couple of years to get some of these permits, it just really throws a wrench into what county officials are trying to do.”

Section 404 of the federal Clean Water Act regulates discharge into waters and wetlands, including fill from mining and development projects. A Section 404 permit is required before dredging or fill may be discharged – unless the activity is exempt.

Those permits are currently approved by the EPA, although states may assume administration over them. Michigan has already done so, and Fabian submitted a letter he’d received from a highway engineer there who wrote that 93 percent of permits in his county are now processed less than 30 days after they’re received.

The study directed by HF690 would include a cost estimate and formation of a 15-member steering committee to guide its work. Any potential efficiencies that could be created by the state taking over 404 permitting would be identified as well as administrative changes necessary to meet federal requirements.

Keith Carlson, who testified on behalf of the bill for the Minnesota Inter-County Association, said HF690 would “not change environmental standards whatsoever” and no state takeover would occur without further action from the legislature and agreement by the EPA.

“We do not have a preordained outcome here,” Carlson said. “It may well be that the study will be completed and it’s decided (the takeover) is not appropriate or feasible. But it needs to be put to rest one way or another.”

Pointing to the makeup of the steering committee, which is to be comprised largely of representatives from government and industry, Rep. Frank Hornstein (DFL-Mpls) said he wasn’t sure the study’s findings actually would be in question.

“It looks like the outcome is somewhat predetermined, given the composition of the study group,” Hornstein said.

However, HF690 has bipartisan support with three DFL members of the committee signed on as co-sponsors. One of them, Rep. Clark Johnson (DFL-North Mankato), said a “deeply respected” county engineer in his district told him the study made sense.

“If we can streamline these processes appropriately, it’s good for Minnesota,” Johnson said.

The companion, SF1225, is sponsored by Sen. Leroy Stumpf (DFL-Plummer) and awaits action by the Senate Environment and Energy Committee.


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