On March 2, 2009, MPCA published a second Request for Comments in the State Register. The notice provided the public with a specific list of items proposed for amendment as part of the current triennial review. MPCA based this list on meeting requirements in the CWA as directed through the U. S. Environmental Protection Agency, public comments received from the first State Register notice, and consultation with MPCA program experts. With this notice, MPCA continued to seek comment from all parties who have an interest in or information about the proposed areas of amendment. In addition to inviting general comment, the MPCA was specifically seeking technical information and data related to the areas identified below.

Briefly stated, the rule changes under consideration during this triennial review include the following:

1. Addition of eutrophication standards for river systems;
2. Modification of the existing turbidity standards;
3. Additions or revisions of numeric water quality standards for protection of aquatic life based on U. S. Environmental Protection Agency (EPA) 304(a) Ambient Water Quality Criteria for cadmium, copper, diazinon, and nonylphenol;
4. Re-evaluate the aquatic life standard for chloride;
5. MPCA-derived Class 2 water quality criteria for nitrate based on aquatic life toxicity;
6. Updates to human health-based water quality standards needed to maintain consistency with the Minnesota Department of Health’s Health Risk Limits in Minn. R. ch. 4717 (currently under revision) and EPA’s Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000);
7. Re-evaluate and update existing Class 3 (Industrial Consumption) and Class 4 (Agriculture and Wildlife) water use standards;
8. Potential water use classification changes for specific water bodies, including updating Class 2A trout waters and reviewing and adding Class 7 limited resources value waters; and
9. Minor administrative changes.

Details on the proposed items and directions on commenting are available in the notice published in the State Register. Please note that the deadline for submitting technical information and data relating to the scope of the proposed rule amendments in response to the March 2, 2009 notice was April 17, 2009.  All written comments are public information and will become part of the rulemaking record.

• Minnesota State Bookstore Archives, vol. 33 (35), March 2, 2009, Note: MPCA notice is on pages 1493-1501.

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 being reviewed during this triennial rule revision process.  The following 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

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: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

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.

• Minnesota State Bookstore Archives, vol. 33 (4), July 28, 2008, Note: MPCA notice is on pages 223-226. 

The written comment period on the scope of this triennial review began on Monday, July 28, 2008, and continued until Friday, September 26, 2008. MPCA also held three public meetings in September 2008 to overview Minn. R. chs. 7050 and 7052, introduce the MPCA staff working on the rule revisions, explain the rule revision process, and gain input from the public on any aspect of the rules in need of revision. The preliminary list of topics under consideration by the MPCA included:

• Addition of numeric water quality standards for nutrients and their impacts to river and stream ecosystems;
• Modification of the existing turbidity standard, with consideration to watershed and/or ecoregional context, adding an aquatic recreation use criteria, and defined duration and frequency;
• Propose water use reclassifications for specific water bodies;
• Adoption of two or three priority:
  1. U. S. Environmental Protection Agency (EPA) 304(a) Ambient Water Quality Criteria for protection of beneficial uses of surface waters (e.g. nonylphenol and diazinon) with a full list at EPA’s Water Quality Criteria Web page); or
  2. MPCA-derived Class 2 water quality criteria for other pollutants of concern in Minnesota’s surface waters;
• Updates to human health-based water quality chronic standards needed to maintain consistency with the Minnesota Department of Health’s Health Risk Limits in Minn. R. ch. 4717 (currently under revision);
• Re-evaluate and update existing Class 3 (Industrial Consumption) and Class 4 (Agriculture and Wildlife) water use standards; and
• Other minor nonsubstantive changes.

MPCA opened the public meetings that accompanied the July 2008 notice with a presentation that discussed water quality standards and Minnesota’s water quality rules, and introduced the topics under consideration for rule revision. The presentation is available below:

• Triennial Water Quality Rules Amendments (2008-2011): Public Meetings Presentation-Sept. 2008 (presentation re: changes to water quality standards)

MPCA will continue to update this Web page as other public meetings or forums are scheduled to provide input into the rule revision.

To assist the public in reviewing the Technical Support Documents (TSDs) and understanding the rules process and steps for submitting comments, the MPCA will host public information sessions on November 29 and 30, 2010. The sessions will be held at the MPCA’s St. Paul and Regional Offices by videoconference to enable participants to hear and discuss with other locations.  Because of space limitations at some Regional Offices, please R.S.V.P. by November 22, 2010:

• By sending an email with your name and contact information to  This e-mail address is being protected from spambots. You need JavaScript enabled to view it.  ; 
• Or calling William Wilde or Angela Preimesberger (contact information listed below under Additional Information).

MPCA will open the public information sessions with a short presentation, followed by ample time for question and answers on the draft water quality standards and TSDs.

The two public information sessions are scheduled for Monday, November 29, 2010 (Registration at 9:15 a.m. with Presentation and Q & A from 9:30 a.m. to 11:30 a.m.) and Tuesday, November 30, 2010 (Registration at 3:15 p.m. with Presentation and Q & A from 3:30 p.m. to 5:30 p.m.) at:

•  MPCA’s St. Paul office at 520 Lafayette Road North, St. Paul, MN  55155-4194.  Directions to St. Paul Office.

• MPCA’s Regional Offices (these meetings will be video linked)
  • MPCA’s Brainerd office at 7678 College Road, Suite 105, Baxter, MN  56425. Directions to Brainerd Office.
  • MPCA’s Detroit Lakes office at 714 Lake Ave., Suite 220, Detroit Lakes, MN 56501. Directions to Detroit Lakes Office
  • MPCA’s Duluth office at 525 Lake Avenue South, Suite 400, Duluth, MN  55802.  Directions to Duluth Office
  • MPCA’s Mankato office at 12 Civic Center Plaza, Suite 2165, Mankato, MN 56001.  Map to Mankato Office.
  • MPCA’s Marshall office at 1420 East College Drive, Suite 900, Marshall, MN 56258.  Directions to Marshall Office.
  • MPCA’s Rochester office at 18 Wood Lake Drive SE, Rochester, MN  55904.  Directions to Rochester Office
  • MPCA’s Willmar office at 1601 East Highway 12, Suite 1, Willmar, MN 56201-6002.  Directions to Willmar Office.

Please note that access to MPCA offices is controlled and to attend a meeting at one of those locations you will be asked to sign in at a security desk and provide photo identification, such as a Minnesota driver’s license.

MPCA also expects that the release of these TSDs will generate requests for more detailed discussions on the technical basis for the draft WQSs; MPCA can accommodate requests for individual meetings and is posting a list of such meetings to facilitate public participation in the rulemaking process. MPCA is specifically seeking information and data to consider in finalizing the draft WQSs for later formal publication of final TSDs and proposed WQSs (see Updated Schedule for more information on the future rulemaking steps). All comments received are public information; however, comments received as part of this informal process need to be re-submitted during formal Public Notice of Hearing and Rulemaking step to become part of the rule record.