Nondegradation Rulemaking

The MPCA is committed to a rulemaking effort to amend the state rules governing the nondegradation of waters (Minn. R. 7050.0180 and 7050.0185). Rules protecting Outstanding Resource Value Waters were adopted in 1984, while rules governing nondegradation of all waters were adopted in 1988. Since then there have been many changes to the state and federal structure for water protection and to the understanding of water quality. The MPCA intends, with the assistance of a significant stakeholder effort, to thoroughly investigate the issues associated with nondegradation of waters, and to adopt rules that will address those concerns.

Draft Rule

The MPCA has identified specific needs and priorities for administering antidegradation (= nondegradation) based on public input and review of internal implementation processes. The Draft Antidegradation Rule is not an official rulemaking proposal of the MPCA and no formal public comment process is being conducted at this time. However, if you are interested in discussing the current proposal, please contact Carol Nankivel at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. , or  651-757-2597.

• Draft Antidegradation Rule, 5/25/11 (wq-rule3-40)

Rule Development Activities

The MPCA's first steps in the rulemaking process was to publish two Requests for Comments regarding our intent to amend the current nondegradation rules. These Requests for Comments were published in the State Register on January 29, 2007 and May 29, 2007.

Request for Comments

• January 29, 2007 State Register
• May 29, 2007 State Register

Comments Received

• Minnesota Department of Natural Resources
• Builders Association of the Twin Cities
• Minnesota Center for Environmental Advocacy:
  • Memo of support
  • Petition cover letter
  • Petition
  • Proposed rule Tier 1
  • Proposed rule Tier 2
  • Proposed amendment Tier 3
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D

Stakeholder Meetings

The MPCA held a series of five general stakeholder meetings as a means of obtaining input to the rule revision. PowerPoint presentations from each series of past meetings may be viewed at:

• Opening Stakeholder Meeting Presentation (June 2008)
• Second Stakeholder Meeting Presentation (July-August, 2008)
• Third Stakeholder Meeting Presentation (September 2008)
• Fourth Stakeholder Meeting Presentation (January 2009)
• Fifth Stakeholder Meeting Presentation (June 2009)

A meeting specifically focused on NPDES-permitted stormwater activities was held at the MPCA offices in St. Paul on March 10, 2009. Links to the materials covered in the meeting, as well as notes of the meeting dialog are shown below:

• Options to Address Antidegradation Issues Related to NPDES-Permitted Stormwater Activities
• Suggested Decision Process for Coverage of Stormwater Activities Discharging to High Quality Waters Under a General Permit
• Meeting Notes

MPCA maintains its invitation to meet with any person or organization to further discuss issues related to this rulemaking or to provide more information.

Issue Papers

Stakeholder discussions were framed, in part, through Issue Papers. Below are links to the list of topics and issues addressed in the Issue Papers, the Issue Papers themselves, comments received from stakeholders, and responses to questions raised in the written comments.

• Nondegradation Rulemaking Topics and Issues
• Revised Nondegradation Rulemaking Topics and Issues, December 15, 2008
• Issue Paper 1. Introduction to nondegradation and the opportunity to improve how surface waters are protected.
• Issue Paper 2. To which activities does nondegradation apply?
• Compiled Stakeholder Comments. Issue Paper 2
• Issue Paper 3. What is tier 2 protection of high quality waters?
• Compiled Stakeholder Comments. Issue Paper 3
• Issue Paper 4. What triggers a nondegradation review of potential impacts to high-quality water?
• Compiled Stakeholder Comments. Issue Paper 4
• Issue Paper 5. Nondegradation Review: alternatives analysis, economic and social justification, intergovernmental coordination and public participation.
• Compiled Stakeholder Comments. Issue Paper 5
• Issue Paper 6. What are the best ways to describe impacts on receiving waters?
• Compiled Stakeholder Comments. Issue Paper 6
• Issue Paper 7. How are baseline conditions used in the assessment of impacts on receiving waters?
• Compiled Stakeholder Comments. Issue Paper 7
• Issue Paper 8. How should nondegradation be applied to NPDES-permitted stormwater activities?
• Compiled Stakeholder Comments. Issue Paper 8
• Additional Stakeholder Comments. Issue Paper 8
• Issue Paper 9. How should cumulative impacts be addressed?
• Issue Paper 10. How should Outstanding Resource Value Waters be protected?
• Compiled Stakeholder Comments. Issue Paper 9
• Compiled Stakeholder Comments. Issue Paper 10
• Responses to Questions Raised in the Written Comments Received from Stakeholders Attending the Nondegradation Rulemaking Stakeholder Meetings

Stormwater Nondegradation Analysis Project

MPCA contracted with a consulting firm to do a benchmarking study on stormwater and related nondegradation issues in other states. The purpose of the study (Stormwater Nondegradation Analysis Project, SNAP) was twofold. First, to provide an assessment of how municipal stormwater management could be implemented to meet nondegradation requirements. This assessment included a survey of 30 Minnesota municipalities selected to evaluate changes in runoff quantity and quality from 1988 to the present, and projected changes from the present to the year 2020. Where significant increases in stormwater runoff have occurred or are projected to occur, control measure options to keep pollutant loading of receiving waters at the 1988 levels are discussed. The second purpose of the contract was to solicit information from other states and Regional EPA Offices regarding nondegradation policy and implementation procedures.

• Stormwater Nondegradation Analysis Project Technical Memos:
  • Final Version of Technical Memorandum #1—Analytical Approaches Used by MS4s
  • Final Version of Technical Memorandum #2—Stormwater Nondegradation Analysis Project
  • Final Version of Technical Memorandum #3—Recommendations for Rulemaking

Staff Contacts

Technical Contact
Bill Cole
520 Lafayette Road
St. Paul, Mn. 55155-4194
651-757-2281
This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Rulemaking Contact
Carol Nankivel
520 Lafayette Road
St. Paul, Mn. 55155-4194
651-757-2597
This e-mail address is being protected from spambots. You need JavaScript enabled to view it.