Amendments to Water Quality Standards: Use classifications 2 and 7

Small stream running through banks of tall green grass past a tree

The Minnesota Pollution Control Agency (MPCA) is currently proposing amendments to rules governing water quality standards:  Class 2 and Class 7 use designations, Minnesota Rules chapter 7050

The proposed rules were placed on public notice from September 23, 2019, through November 7, 2019. The proposed rule amendments and related documents are provided under the heading Procedural rulemaking documents.

Public information meeting

A public information meeting on proposed rule amendments was held Oct. 29, 2019, at the MPCA's St. Paul office.

File Webex: Public meeting - Class 2 & 7 Use Designation Rules (Oct. 29, 2019)

PDF icon Presentation: Amendments to Beneficial Use Designations Rule (wq-rule4-21i)

Public hearing

The MPCA held a public hearing on the proposed rule amendments on December 11, 2019. The public hearing was held at the MPCA in St. Paul and via Webex at MPCA's offices in Duluth, Detroit Lakes, Marshall, and Rochester. Administrative Law Judge Ann C. O’Reilly conducted the hearing. Following the hearing, a post-hearing comment and rebuttal comment period were held, during which additional written comments on the proposed amendments were submitted to the Office of Administrative Hearings. With the conclusion of the rebuttal comment period on January 8, 2020, the hearing record closed. Administrative Law Judge O’Reilly issued her report on February 1, 2020. The judge’s report is available in the procedural rulemaking documents section below. The MPCA will now proceed with adopting the rule amendments.

Proposed rule amendments

The MPCA proposes to amend Minnesota Rules chapter 7050, which establishes designated uses for rivers, streams, and lakes. The proposed amendments affect Class 2 (Aquatic Life) and Class 7 (Limited Resource Value Waters) designations. The MPCA routinely reviews use designations to ensure that assigned beneficial uses are protective and attainable as defined by the Clean Water Act and Minnesota Rule. As the result of routine monitoring and stakeholder requests, the MPCA has identified waters where the currently designated beneficial use does not accurately reflect an attainable use.

Learn more about the agency's proposed amendment:

Procedural rulemaking documents

February 4, 2020

Jan. 9, 2020

MPCA Rebuttal Response submitted to the OAH

No non-MPCA rebuttal responses were submitted to the OAH.

Jan. 2, 2020

MPCA Post Hearing Comments submitted to the OAH

Non-MPCA Post Hearing Comments submitted to the OAH

Dec. 11, 2019

November 2019

September 2019

September 2018

Why update designated uses?

The use designations in this rulemaking were initiated based on routine monitoring, rulemaking by the Minnesota Department of Natural Resources, and requests by the public. The most important reason to make these changes is that the designated use for each waterbody needs to be correct and appropriate because it affects many water quality protection and restoration efforts (e.g., assessment, stressor identification, National Pollutant Discharge Elimination System permitting, total maximum daily loads). Assigning the correct beneficial uses to Minnesota’s waters also accurately documents the types and condition of Minnesota’s aquatic resources. And as part of the cold water reviews, changes to Minn. R. 7050.0420 are needed to modernize the MPCA’s process for designating cold and warm/cool water habitats.

Goals

The draft use designations enhance the protection and maintenance of the biological, chemical, and physical integrity of state water resources by:

  • Establishing protective and attainable designated uses. The proposal assigns beneficial uses that will result in appropriate management actions to maintain or improve aquatic life condition.
  • Revising rule language to better align rules with MPCA and CWA goals. The revision specifies requirements for designating cold water habitats.
  • Assigning beneficial uses to protect high-quality water resources. Draft beneficial uses identify high quality water resources and establish higher biological goals to maintain those conditions.
  • Assigning beneficial uses to appropriately classify modified water resources. These include channelized streams and ditches and will result in achievable goals that are consistent with maintaining existing uses.
  • Documenting existing beneficial uses. The revision records the baseline goal for these waters to ensure their restoration or protection.

Technical support documents

MPCA contacts

Questions about draft aquatic life designated uses:
Will Bouchard
651-757-2333
will.bouchard@state.mn.us

Questions about rulemaking:
Mary H. Lynn
651-757-2439
mary.lynn@state.mn.us