Revisor number: R-04727
The MPCA plans to amend Minn. R. chapter 7050, which establishes beneficial uses of the state's waters, establishes water quality standards to protect those uses, and designates where the uses occur in waters of the state. The planned amendments affect the Class 1 beneficial use, which protects waters (both surface and groundwater) used as a source for domestic consumption.
This rulemaking includes updates and revisions to address gaps and inconsistencies in the application of the chapter 7050 rules to surface and groundwater. It will also clarify and better align chapters 7050, 7052, and 7060 with each other and with the goals and provisions of the 1989 Minnesota Groundwater Protection Act.
Planned amendments include:
- Revising the numeric and narrative water quality standards. This includes updating existing values to be more health protective and adding water quality standards for some emerging pollutants of concern. Those emerging pollutants of concern include per-and polyfluoroalkyl substances (PFAS) and potentially include pesticides, pharmaceuticals, algal toxins, disinfection by-products, and/or additional industrial chemicals.
- Clarifying and revising where the water quality standards apply. These amendments will clarify and likely expand the definitions and list of waters that need to be protected for domestic consumption/drinking water. The MPCA is considering how to ensure the rule language clearly conveys that the standards apply to all groundwater, whether and how to expand the Class 1 designation to surface waters that negatively impact groundwater, and whether to broaden the areas designated as Class 1 around surface water sources of drinking water.
Procedural rulemaking updates and documents
June 2024
In June 2024, maximum contaminant levels developed by the U.S. Environmental Protection Agency for six PFAS became final. Because the rule language for Class 1 standards incorporates EPA’s maximum contaminant levels as Class 1 standards, these maximum contaminant levels became effective in Minnesota on June 25, 2024. The federal maximum contaminant levels meet the requirements the Minnesota Legislature outlined in Minnesota Session Law – 2023, Chapter 60, Sec. 33, because Minnesota now has water quality standards for the following six PFAS:
- Perfluorooctanoic acid (PFOA)
- Perfluorooctane sulfonic acid (PFOS)
- Perfluorononanoic acid (PFNA)
- Hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX chemicals)
- Perfluorohexane sulfonic acid (PFHxS)
- Perfluorobutane sulfonic acid (PFBS)
There are pending legal challenges to the federal action, but at this time, they remain in effect in Minnesota. All comments received related to this issue will still be considered as the MPCA works on preparing final rule language.
August 2023
The second request for comments on this rulemaking was published in the Aug. 28, 2023, State Register and was related to the legislative requirement to adopt water quality standards for PFAS as directed by Minnesota Session Law – 2023, Chapter 60, H.F. No. 2310.
December 2021
RFC public comment period (Dec. 13, 2021 - Feb. 14, 2022): Comments submitted through the Office of Administrative Hearings rulemaking eComments website and emailed to the MPCA.
Background
In Minnesota, many surface waters are protected for domestic consumption use and are used by municipalities and others as a source of drinking water. Chapter 7050 also specifies that all “underground” waters (i.e., groundwater) are protected for domestic consumption and are Class 1 waters. Groundwater is widely used to supply water for domestic consumption purposes via wells at private residences, at places of business, and in municipalities.
The MPCA has gathered input and feedback on potential changes to the Class 1 designations and water quality standards over a number of years, primarily through conversations with the Minnesota Department of Health and Department of Natural Resources, which have authorities related to the protection of waters used for domestic consumption. Now that this project has entered rulemaking, the MPCA is engaging with other partners and stakeholders regarding the planned revisions.
Schedule
| Date | Task(s) |
|---|---|
| Dec. 13, 2021 | Notice of request for comments published in the State Register |
| Fall 2021 – Winter 2022 | Informal public engagement |
| Aug. 28, 2023 | Publish second notice of request for comments in the State Register |
| TBD | Publish third notice of request for comments in the State Register |
| TBD |
|
| TBD | Informal public engagement |
| Fall 2025 | Publish notice of hearing on proposed rule amendments in State Register |
| TBD |
|
| By July 1, 2026 | Final adoption of rules |