Nondegradation Rulemaking
The MPCA administers the state’s antidegradation (currently referred to as “nondegradation”) program through rules governing water quality standards found in Minn. R. chs. 7050 and 7052. The last major revisions to nondegradation provisions in Minn. R. ch. 7050 occurred in 1988. Based on public input and review of internal implementation processes, the MPCA has identified specific needs and priorities for administering antidegradation and will be proposing new rules to replace Minn. R. 7050.0180 (Nondegradation for outstanding resource value waters) and Minn. R. 7050.0185 (Nondegradation for all waters). The document provided below — "Proposed Permanent Rules Relating to Antidegradation of State Waters" — is not an official rulemaking proposal and the formal public comment period is not open. However, at this time MPCA staff is interested in discussing the antidegradation program and the MPCA’s antidegradation proposal with anyone interested in or affected by the proposed rules.
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Proposed Permanent Rules Relating to Antidegradation of State Waters (wq-rule3-41) - Antidegradation Rule Stakeholder Meeting — September 10, 2012 (wq-rule3-43)
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Webcast - Antidegradation rulemaking for water 
The proposed rule language makes significant changes and additions to the current antidegradation program. Antidegradation is a complex program and difficult to explain in the context of rules. The MPCA has developed a guidance document to provide additional background and explanation. MPCA staff encourage you to read this guidance, as well as the entire rule proposal to assist you in formulating your questions and opinions.
NEW! The MPCA published an additional Request for Comments in the February 25, 2013 State Register to provide notice that it intends to amend Minnesota Rules chapter 7001 in order to support its previously noticed intent to make the changes being considered to Minnesota Rules chapter 7050 (see the “Past Rule Development Activities” tab below). Comments regarding the additional changes being considered to chapter 7001 will be accepted until 4:00 on April 5, 2013.
In the process of developing the proposed rules, the MPCA has conducted a number of outreach activities and provided comment opportunities. The documents and comments from that earlier phase of the rulemaking process are available at the link called Archives.
Staff Contacts
Contact for questions about antidegradation or technical aspects of the proposal:
Bill Cole
520 Lafayette Road
St. Paul, MN 55155-4194
651-757-2281
William.Cole@state.mn.us
Contact about the rulemaking process or public participation opportunities:
Carol Nankivel
520 Lafayette Road
St. Paul, MN 55155-4194
651-757-2597
Carol.nankivel@state.mn.us
Archives
Past Rule Development Activities
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
Comments Received from Request for Comments
Minnesota Department of Natural Resources- Builders Association of the Twin Cities
- Minnesota Center for Environmental Advocacy:
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
Proposed Changes to Antidegradation Provisions
The following documents outline proposed changes to Minnesota’s rule and implementation. The first compares current approaches to proposed approaches for various topics. The second describes implementation procedures in general for all activities, while the third is specific to regulated Phase II MS4 discharges.
- Proposed Antidegradation Rule and Implementation Changes (wq-rule3-36)
- Proposed General Antidegradation Tier 2 Implementation Procedures (wq-rule3-37)
- Proposed implementation Procedures for NPDES-Permitted Phase II MS4s (wq-rule3-38)
Preliminary Draft Rule
- Draft Antidegradation Rule, 5/25/11 (wq-rule3-40)
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:
Staff Contacts
Technical Contact
Bill Cole
520 Lafayette Road
St. Paul, Mn. 55155-4194
651-757-2281
William.Cole@state.mn.us
Rulemaking Contact
Carol Nankivel
520 Lafayette Road
St. Paul, Mn. 55155-4194
651-757-2597
Carol.Nankivel@state.mn.us
