Your Comment and Request is Needed by JUNE 10 to Ensure Minnesota Gas Prospecting and Development Doesn’t Contaminate Groundwater and Put Health and Safety at Risk!

The Court of Administrative Hearings is reviewing rules proposed by the Minnesota Health Department (“MDH”) that would open Minnesota up to prospecting and production of gas.

These MDH Proposed Gas Rules will go into effect as “expedited rules” exempted from the normal rule process and public hearing unless Minnesotans like you send comments that request a hearing to protect groundwater, surface water, health and safety from gas prospecting.

The Comment & Request Deadline is June 10, 2026 at 4:30 pm.

Why is it urgent that you Comment and Request a Public Hearing on MDH Gas Rules?

Minnesota has no experience with prospecting for natural gas. Minnesota statutes and rules on exploratory borings and mineral mining are weak and fail to protect groundwater and surface water from contamination with sulfate and toxic metals. The Minnesota Legislature directed three state agencies–the Health Department (MDH), the Environmental Quality Board (EQB) and the Department of Natural Resources (DNR) to adopt rules for “gas resources” using “expedited” rulemaking. None of these rules have had public hearings, public input, tribal consultation, or time for independent research.

The MDH Proposed Gas Rules on prospecting are the first “expedited” gas rules to come before an administrative court. The bad news is that these Proposed Rules use outdated standards and put drinking water, surface water, and human health and safety at risk from PFAS, contamination with brines and toxic metals, and release of flammable and explosive gases.

The good news is that your comments and request for a public can ensure that the Proposed Gas Rules are not adopted until they are changed to provide better notice and stronger protection for people and the environment.

 

How many people have to send a Request for Hearing?

The statute and the rule notice from MDH say that there must be a hearing if requested by 50 Minnesotans. Our goal is 100 people just to be safe.

 

How do I submit a Request for a Public Hearing on MDH Gas Rules?

  1. If you complete and sign the Comment and Request for Hearing below by noon on June 10, WaterLegacy will download your Comment and Request for Hearing and submit it by 4:30 pm on June 10. We have identified parts of the Proposed Rule that should be changed as is required for your Request for Hearing to count. If you can take a minute and personalize the draft Comment and Request for Hearing, whether by talking about your interest or adding/taking away from the points raised, it will strengthen the impact of your comments.
  2. You can also cut and paste from the draft Comment and Request for Hearing or the talking points on this page and submit a comment and request on your own using this online comment page. If you aren’t familiar with Court of Administrative Hearings process, scroll down for Comment Process Instructions. Make sure to use these words at the start of your comment “Comment and Request for Public Hearing on CAH Docket No. 22-9000-41649, Proposed Amendment to Rules Relating to Exploratory Borings, ch. 4727.” For your request to count, please include your full name and address and identify at least one part of the Proposed Rule that you want MDH to change and why. If you submit a comment and request for hearing on your own, please email us at info@waterlegacy.org so that we can confirm that your comment and request was uploaded and can be counted.

Comment Process Instructions

  1. Use this Link to get to the Court of Administrative Hearings comment page (Discussion 41649).
  2. Scroll to the bottom of the page and click the “View Topic” box, which looks like this: 
  3. In the middle of this page, you will be prompted to “Sign In” or “Sign Up.” If you’ve made comments before, just click “Sign In.” If you haven’t done this before “Sign Up” is a simple form that requires your name and email.
  4. After you have signed in or signed up, when you scroll to the bottom of the page in “View Topic,” you will see your name and a box for your comment. You can write your comment in the box provided or attach your comment as a Word or pdf letter using the “Choose a File” button. Make sure to click the box that says “Post” to submit your comment. It looks like this: 

Talking Points for your Comments and Request for Hearing – Specific Parts of the Proposed Rule should be Changed to protect groundwater, surface water, health, and safety!

  • Injections into Boreholes. The Proposed Gas Rules in part 4727.0925 would make an exception in the current rule that prohibits injection of water, air, or drilling fluids into borings. Added pressure from injection can create or increase cracks in the rock and spread water containing salt and toxic metals resulting in more contamination of groundwater, drinking wells, and surface water. The Proposed Gas Rule “exception” to the ban on drilling should be removed to reduce the threat of water contamination from drilling.
  • Encountering Gas. The Proposed Gas Rules don’t require that any notice be given to the public, to tribes, or even to state agencies when drilling “encounters” gases that dissipate within 24 hours. That is in parts 4727.0100, 4727.0920, and 4727.0946. The Proposed Rules don’t distinguish between gases that are inert and gases that are explosive, flammable, could cause adverse health effects, or could kill people breathing the gas. The Proposed Rules should be revised to require notice, action, and permanent records any time an explorer finds a dangerous gas like methane, even if it does not last for 24 hours.
  • Notice of Exploration. The Proposed Gas Rules only provide notice to agencies before exploring for gas, not to tribes or the public. That is in part 4727.0910. The Proposed Rules should be changed so that tribes, nearby property and well owners, and people who sign up for notice, know at least a month before exploratory drilling starts and can have their concerns addressed before it is too late.
  • Outdated and Inaccessible Standards. The Proposed Gas Rules allow outdated standards for gas borings and make what is actually in the standards inaccessible for members of the public even to know what is required by the rules. This is in parts 4727.0150, 4727.0935, and 4727.0950. The Proposed Gas Rules should say in the rules that all persons conducting drilling, construction, or any other activities related to borings and wells must apply current standards and report to state agencies which version of the standards they used. MDH should keep a current set of standards online electronically so the public can know what the rules mean.
  • Weak Plastic Pipe and Fittings. The Proposed Gas Rules allow the lower standard (called “Schedule 40”) for PVC plastic pipes and fittings for borings. This is in part 4727.0950. The Rules should require the thicker, stronger plastic (called “Schedule 80”) to reduce the risk of pipes and fittings bursting or collapsing under the pressure of exploration.
  • Inadequate Prevention of PFAS Contamination. The Proposed Gas Rules don’t include the complete industry standards that would ensure proper testing and compliance with standards preventing PFAS in drilling fluids. This is in part 4727.0935. The Proposed Rule should be revised to require compliance with NSF/ANSI Standards 61 and 600 to prevent PFAS in drilling fluids from contaminating groundwater and wells.

Comment and Request for Hearing Deadline Wednesday June 10 – Please provide your full name and address, and feel free to change and personalize your comment.

If you have trouble using this template or the Court of Administrative Hearings link, please don’t give up.

Send your comment in a Word or PDF document to info@waterlegacy.org by noon on Wednesday, June 10 so we can submit it on your behalf.

Feel free to contact Sophia for help at: sophia@waterlegacy.org