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Proposed Water Quality Standards Rule Revisions: 2008-2011 Triennial Water Quality Rule Revision

Every three years the federal Clean Water Act (CWA) requires states to obtain public comment on, and revise as needed, their water quality standards. The Minnesota Pollution Control Agency (MPCA) began the triennial review process by publishing a Request for Comments  in the July 28, 2008 edition of the State Register. The proposed amendments will be to Minnesota Rules chs. 7050 and 7052 (see bottom of the page).  MPCA plans to complete the water quality standard amendments in 2011 and will regularly post updated information with details on the revision process and information on how to become involved.

Second Public Notice: Scope of the Triennial Review

On March 2, 2009, MPCA published a second Request for Comments in the State Register. The notice provides 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 continues 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 is 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 is April 17, 2009.  All written comments are public information and will become part of the rulemaking record.

• State Register, vol. 33(35), March 2, 2009. Note: MPCA notice is on pages 1493-1501 (PDF pp. 25-33).

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: minnrule7050@pca.state.mn.us.

First Public Notice: Requesting Comments on Needed Amendments

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.

• State Register, vol. 33(4), July 28, 2008 Note: MPCA notice is on pages 223-226 (PDF pp. 31-34).

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 overviews 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.

Additional Information

Questions regarding the proposed scope of the rulemaking or technical comments or questions regarding water quality standards should be directed to:
           
Angela Preimesberger
Minnesota Pollution Control Agency
520 Lafayette Road North, St. Paul, MN 55155-4194
Telephone 651-757-2656 or TTY 651-282-5332
Toll-free:  800-657-3864
minnrule7050@pca.state.mn.us

Requests to receive a draft of the rules when it has been prepared and requests for more information on these planned rule amendments should be directed to:

Carol Nankivel 
Minnesota Pollution Control Agency
520 Lafayette Road North, St. Paul, MN 55155-4194
Telephone 651-757-2597 or TTY 651-282-5332
Toll-free:  800-657-3864
carol.nankivel@pca.state.mn.us

MPCA will continue to update this Web page with new information. To be added to the triennial water quality standards rulemaking mailing list, please contact Ms. Preimesberger with your name, mailing address, phone number and email address.

• Minnesota Rule Chapter 7050
• Minnesota Rule Chapter 7052