Planned Amendments to Water Quality Standards (Minn. R. chs. 7050, 7052, and 7053) —
Use Classifications, Human Health Methods, and Standards for River Eutrophication/Total Suspended Solids/Chloride
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The amendments proposed for this rulemaking are the result of the 2008 public review of Minnesota’s water quality standards. This review, which is a requirement of the federal Clean Water Act, ensures that the water quality standards are regularly updated to address the most significant needs of the state’s waters and to reflect the most up-to-date scientific and policy information. This review also meets an important need to engage the public in the process of protecting the quality of Minnesota’s waters.
The scope of this rulemaking will address seven areas of the water quality standards. The MPCA’s decision to address those areas of amendment is based on:
- MPCA considers these topics to encompass most of the priority topics identified in the 2008 public review.
- Topics founded on similar data or approaches, such as the new river eutrophication standards and total suspended solid standards.
- The scientific information is fully available to support the addition of, or changes to Water Use Classifications and Numeric Standards (described below).
Summary of the topics proposed amendments
Pre-proposal draft rule language (wq-rule4-06d)
The MPCA will be proposing amendments to water quality standards to address:
- River Eutrophication — numeric nutrient standards for rivers, streams, the Mississippi River pools and Lake Pepin.
- Total Suspended Solid (TSS) — replacement of the existing standard for water turbidity with more scientifically accurate, region-specific TSS standards.
- Human Health Methods — updates to the methods used for establishing the Class 2 chronic water quality standards to protect human health.
- Process for listing Class 2A waters as cold water communities/trout waters — refine the current basis for classifying Class 2A waters to also include biological information on the aquatic communities.
- Class 3 Waters — update the basis for identifying Class 3 waters and remove the numeric standards.
- Other changes to use classifications — regular review and updates to Class 1 and Class 7 Limited Resource Value Waters.
Updating the current chloride aquatic life-based toxicity standards in Minn. R. ch. 7050 was previously included as part of this rulemaking; however, additional toxicity studies are being conducted and reviewed by the U.S. Environmental Protection Agency. MPCA will consider updates to these standards in future triennial reviews.
Next steps
- Public Informational meetings — Summer 2013
- Publish Proposed Rules and Notice of Hearing — Fall 2013
- Public Hearings — Winter 2013/2014
- Rules effective — Spring 2014
For the text of Minnesota’s water quality standards:
Draft Water Quality Standards: Technical Support Documents
A key part of proposing new or revised WQSs is developing the technical foundation behind the narrative and numeric WQSs. MPCA develops this foundation based on review of scientific data, consideration of relevant rules, guidance, public comments, and consultation with topic experts at the U.S. Environmental Protection Agency (administrator of the CWA), other state agencies, Tribal Authorities, and academic researchers. The product of this review are topic-specific Technical Support Documents (TSDs) that will later be introduced in the rulemaking record as the supporting documents (exhibits) to the rulemaking. The goal of publishing these TSD prior to the official public notice period is to obtain early comments and additional data to refine and improve the basis for the proposed water quality standards.
- New eutrophication (excess nutrient) WQSs for rivers
- Minnesota Nutrient Criteria Development for Rivers (wq-s6-08) — Revised draft, January 2013.
- Regionalization of Minnesota’s Rivers for Application of River Nutrient Criteria (wq-s6-18)
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- Site-specific modified eutrophication WQSs for the Mississippi River pools, including Lake Pepin
- Developing River, Pool and Lake Pepin Eutrophication Criteria (wq-s6-09) — Revised draft, October 2012.
- Lake Pepin Site Specific Eutrophication Criteria (wq-s6-10)
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- Revised turbidity WQSs using Total Suspended Solids (TSS)
- Revisions to human health-based methods (updated draft coming soon)
- University of Minnesota report on the recommended changes to the Class 3 and 4 WQSs with a TSD summary on MPCA draft considerations for revisions
List of Class 7 Limited Resource Value Waters
In accordance with the provisions of 40 Code of Federal Regulations § 131.20 (a), all waters currently classified as Class 7 limited resource value waters in Minn. R. 7050.0470 are reviewed during the triennial rule revision process. The following TSD provides the excerpted list of Class 7 waters and the specific information being sought regarding the assignment of the Class 7 use classification to these waters.
- Class 7 list and narrative (wq-s6-06)
Questions or comments on the proposed Class 7 water use classification reviews can be directed to: Gerald Blaha, Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155-4194; telephone: 651-757-2234, 800-657-3864 or TTY 651-282-5332; or e-mail: gerald.blaha@state.mn.us
MPCA published its intent to seek comments on the scope of the 2008 - 2011 triennial rule revisions as required by the federal CWA in the State Register on July 28, 2008.
Contact information
Questions about the status of the rulemaking, public meetings/hearings or how to submit comments:
Carol Nankivel
Carol.nankivel@state.mn.us
651-757-2597
Technical questions about the content of the proposed amendments to the water quality standards:
Angela Preimesberger
Angela.preimesberger@state.mn.us
651-757-2656
