The U.S. Environmental Protection Agency (EPA) approved Revisions to Minnesota’s Water Quality Standards: Tiered Aquatic Life Uses and Biological Criteria (Minn. R. ch. 7050 and 7052) on June 26, 2018.
Minnesota has adopted changes to its water quality standards (Minn. Rule Chapters 7050 and 7052) that establish a tiered aquatic life uses (TALU) framework for rivers and streams. These rule amendments affect Class 2 (Aquatic Life) standards. The EPA approved the TALU framework rule on June 26, 2018.
The adopted TALU framework is a significant revision to the aquatic life use classification in the state's water quality standards. It built upon existing water quality standards to improve how water quality in streams and rivers are monitored and managed. Additionally, these changes advance the ability to identify stressors and develop effective mechanisms to improve and maintain the condition of waters in Minnesota.
The adopted TALU framework enhances the protection and maintenance of the biological, chemical and physical integrity of state water resources by achieving the following goals:
- Establishes biological water quality standards. This provides a more direct method to measure and protect biological health and identify water quality problems that chemical measurements alone might miss.
- Protects high-quality water resources. The framework provides a mechanism to identify and protect high quality water resources.
- Provides a mechanism to appropriately and reasonably classify and assess modified water resources. These include channelized streams and ditches.
- Improves stressor identification. This provides greater accuracy when assessing the stressors that impact Minnesota's water resources.
Rulemaking
The MPCA published its notice of intention to adopt proposed rule amendments to state water quality standards (Minnesota Rules, Chapters 7050 and 7052), to establish a TALU framework and modify Class 2 Beneficial Use Designations, in the State Register on December 19, 2016, together with the proposed amendments. During the 45-day comment period, which ended at 4:30 p.m. on February 2, 2017, the MPCA received more than 25 valid requests for a public hearing to be held on the proposed amendments.
The MPCA held a public hearing on Thursday, Feb. 16, 2017, in the MPCA St. Paul office, which was video-conferenced to regional offices in Duluth, Detroit Lakes and Marshall. Administrative Law Judge James R. Mortenson 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 (OAH). With the conclusion of the rebuttal comment period on March 24, 2017, the hearing record closed.
On April 24, 2017, Judge Mortenson issued his report. Within it, he concluded, in part, that: (a) the MPCA complied with the legal administrative rulemaking requirements; (b) there are no negative findings or defects in the proposed rule amendments; and (c) the amendments are necessary and reasonable. He also recommended that the proposed amendments be adopted. The judge's report is available below in the Procedural Rulemaking Documents section. Also available at this location are the exhibits introduced into the public hearing record and the comments submitted to the OAH during the post-hearing and rebuttal comment periods.
The MPCA adopted the rule amendments on September 21, 2017 (see Order Adopting in the Procedural Rulemaking Documents section below) and published its Notice of Adoption in the State Register on October 16, 2017. The rule amendments become effective five working days after the notice is published (October 23, 2017).
June 26, 2018
EPA Approval Letter: Minnesota TALU Water Quality Standards (wq-rule4-12ae)
EPA's review of revisions to Minnesota's water quality standards Tiered Aquatic Life Uses and biological criteria (wq-rule4-12af)
October 16, 2017
- Notice of Adoption as published in the State Register
Revisor's Notice of Adoption (wq-rule4-12ab)
September 21, 2017
MPCA Findings of Fact and Order Adopting Rule Amendments (wq-rule4-12ac)
Rule Amendments as Adopted (wq-rule4-12ad)
April 24, 2017
March 24, 2017
MPCA Rebuttal Response submitted to the OAH
Rebuttal Response Cover Letter (wq-rule4-18a)
Attachment: Detailed Rebuttal Responses to Comments Received (wq-rule4-12zz)
Non-MPCA Rebuttal Response submitted to the OAH
March 17, 2017
MPCA Post Hearing Comments submitted to the OAH
MPCA Post Hearing Response Cover Letter TALU Rulemaking (wq-rule4-12ww)
Response to Comments cover memo (wq-rule4-12xx)
Attachment 1 — Spreadsheet of Comments (wq-rule4-12ss)
Attachment 2 — MPCA Detailed Responses to Comments (wq-rule4-12tt)
Attachments 3-11 (wq-rule4-12uu)
Non-MPCA Post Hearing Comments submitted to the OAH
e-Comments Report from OAH with Comments/Attachments (wq-rule4-12vv)
WICOLA Public Comments (wq-rule4-12yy)
February 16, 2017
MPCA List of Public Hearing Exhibits (wq-rule4-12pp)
Hearing Exhibit A (wq-rule4-12y)
Hearing Exhibit B (wq-rule4-12z)
Hearing Exhibit C (wq-rule4-12aa)
Hearing Exhibit D (wq-rule4-12bb)
Hearing Exhibit E (wq-rule4-12cc)
Hearing Exhibit F (wq-rule4-12dd)
Hearing Exhibit G (wq-rule4-12ee)
Hearing Exhibit H (wq-rule4-12ff)
Hearing Exhibits I.1- I.17 (wq-rule4-12v)
Hearing Exhibit I.18 (wq-rule4-12w)
Hearing Exhibit I.19 (wq-rule4-12x)
Hearing Exhibit J (wq-rule4-12gg)
Hearing Exhibit K (wq-rule4-12hh)
Hearing Exhibit L.1 (wq-rule4-12ii)
Hearing Exhibits L.2 and L.3 (wq-rule4-12mm)
Hearing Exhibit L.4 (wq-rule4-12nn)
Hearing Exhibit L.5 (wq-rule4-12oo)
Hearing Exhibit L.6 (wq-rule4-12jj)
Hearing Exhibit L.7 (wq-rule4-12kk)
Hearing Exhibit L.8 (wq-rule4-12ll)
Comment Letters received during February 16 Public Hearing (wq-rule4-12qq)
Transcript of February 16 Public Hearing (wq-rule4-12rr)
February 3, 2017
Notice of Hearing to those who requested a hearing (wq-rule4-12t)
Comments Received (Exhibits I.1- I.17) during Dual Notice Comment Period (wq-rule4-12v)
Comments Received (Exhibit I.18) during Dual Notice Comment Period (wq-rule4-12w)
Comments Received (Exhibit I.19) during Dual Notice Comment Period (wq-rule4-12x)
December 19, 2016
Public Notice issued Dec.19, 2016 (wq-rule4-12d) (explains how interested persons can comment on the proposed amendments)
Proposed amendments to Water Quality Standards (Minn. R. chs. 7050 and 7052) (wq-rule4-12e)
Statement of Need and Reasonableness (SONAR) (wq-rule4-12f)
SONAR Exhibits 1–10 (wq-rule4-12g)
SONAR Exhibits 11–20 (wq-rule4-12h)
SONAR Exhibits 21–30 (wq-rule4-12i)
SONAR Exhibits 31–40 (wq-rule4-12j)
SONAR Exhibits 41–50 (wq-rule4-12k)
SONAR Exhibits 51–60 (wq-rule4-12l)
SONAR Exhibits 61–70 (wq-rule4-12m)
SONAR Exhibits 71–80 (wq-rule4-12n)
SONAR Exhibits 81-90 (wq-rule4-12o)
SONAR Exhibits 91–100 (wq-rule4-12p)
SONAR Exhibits 101–110 (wq-rule4-12q)
SONAR Exhibits 111–120 (wq-rule4-12r)
SONAR Exhibits 121–125 (wq-rule4-12s)
August 25, 2014
Beneficial Use Designations for Stream Reaches
1.A.(1) 04010101 Lake Superior - North (wq-s6-46a)
1.A.(2) 04010102 Lake Superior - South (wq-s6-46b)
1.A.(3) 04010201 St. Louis River (wq-s6-46c)
1.A.(4) 04010202 Cloquet River (wq-s6-46d)
1.A.(5) 04010301 Nemadji River (wq-s6-46e)
2.A.(1) 09030001 Rainy River - Headwaters (wq-s6-46f)
2.A.(2) 09030002 Vermilion River (wq-s6-46g)
2.A.(3) 09030003 Rainy River - Rainy Lake (wq-s6-46h)
2.A.(4) 09030005 Little Fork River (wq-s6-46i)
2.A.(5) 09030006 Big Fork River (wq-s6-46j)
2.A.(6) 09030007 Rapid River (wq-s6-46k)
2.A.(7) 09030008 Rainy River - Lower (wq-s6-46l)
2.A.(8) 09030009 Lake of the Woods (wq-s6-46m)
3.A.(1) 09020101 Bois de Sioux River (wq-s6-46n)
3.A.(2) 09020102 Mustinka River (wq-s6-46o)
3.A.(3) 09020103 Otter Tail River (wq-s6-46p)
3.A.(4) 09020104 Upper Red River of the North (wq-s6-46q)
3.A.(5) 09020106 Buffalo River (wq-s6-46r)
3.A.(6) 09020107 Red River of the North - Marsh River (wq-s6-46s)
3.A.(7) 09020108 Wild Rice River (wq-s6-46t)
3.A.(8) 09020301 Red River of the North - Sandhill River (wq-s6-46u)
3.A.(9) 09020302 Upper/Lower Red Lake (wq-s6-46v)
3.A.(10) 09020303 Red Lake River (wq-s6-46w)
3.A.(11) 09020304 Thief River (wq-s6-46x)
3.A.(12) 09020305 Clearwater River (wq-s6-46y)
3.A.(13) 09020306 Red River of the North - Grand Marais Creek (wq-s6-46z)
3.A.(14) 09020309 Snake River (wq-s6-47a)
3.A.(15) 09020311 Red River of the North - Tamarac River (wq-s6-47b)
3.A.(16) 09020312 Two Rivers (wq-s6-47c)
3.A.(17) 09020314 Roseau River (wq-s6-47d)
4.A.(1) 07010101 Mississippi River - Headwaters (wq-s6-47e)
4.A.(2) 07010102 Leech Lake River (wq-s6-47f)
4.A.(3) 07010103 Mississippi River - Grand Rapids (wq-s6-47g)
4.A.(4) 07010104 Mississippi River - Brainerd (wq-s6-47h)
4.A.(5) 07010105 Pine River (wq-s6-47i)
4.A.(6) 07010106 Crow Wing River (wq-s6-47j)
4.A.(7) 07010107 Redeye River (wq-s6-47k)
4.A.(8) 07010108 Long Prairie River (wq-s6-47l)
4.A.(9) 07010201 Mississippi River - Sartell (wq-s6-47m)
4.A.(10) 07010202 Sauk River (wq-s6-47o)
4.A.(11) 07010203 Mississippi River - St. Cloud (wq-s6-47p)
4.A.(12) 07010204 North Fork Crow River (wq-s6-47q)
4.A.(13) 07010205 South Fork Crow River (wq-s6-47r)
4.A.(14) 07010206 Mississippi River - Twin Cities (wq-s6-47s)
4.A.(15) 07010207 Rum River (wq-s6-47t)
5.A.(1) 07020001 Minnesota River – Headwaters (wq-s6-47u)
5.A.(2) 07020002 Pomme de Terre River (wq-s6-47v)
5.A.(3) 07020003 Lac qui Parle River (wq-s6-47w)
5.A.(4) 07020004 Minnesota River - Yellow Medicine River (wq-s6-47x)
5.A.(5) 07020005 Chippewa River (wq-s6-47y)
5.A.(6) 07020006 Redwood River (wq-s6-47z)
5.A.(7) 07020007 Minnesota River - Mankato (wq-s6-48a)
5.A.(8) 07020008 Cottonwood River (wq-s6-48b)
5.A.(9) 07020009 Blue Earth River (wq-s6-48c)
5.A.(10) 07020010 Watonwan River (wq-s6-48d)
5.A.(11) 07020011 Le Sueur River (wq-s6-48e)
5.A.(12) 07020012 Lower Minnesota River (wq-s6-48f)
6.A.(1) 07030001 Upper St. Croix River (wq-s6-47n)
6.A.(2) 07030003 Kettle River (wq-s6-48g)
6.A.(3) 07030004 Snake River (wq-s6-48h)
6.A.(4) 07030005 Lower St. Croix River (wq-s6-48i)
7.A.(1) 07040001 Mississippi River - Lake Pepin (wq-s6-48j)
7.A.(2) 07040002 Cannon River (wq-s6-48k)
7.A.(3) 07040003 Mississippi River - Winona (wq-s6-48l)
7.A.(4) 07040004 Zumbro River (wq-s6-48m)
7.A.(5) 07040006 Mississippi River - La Crescent (wq-s6-48n)
7.A.(6) 07040008 Root River (wq-s6-48o)
7.A.(7) 07060001 Mississippi River - Reno (wq-s6-48p)
7.A.(8) 07060002 Upper Iowa River (wq-s6-48q)
8.A.(1) 07080102 Upper Wapsipinicon River (wq-s6-48r)
8.A.(2) 07080201 Cedar River (wq-s6-48s)
8.A.(3) 07080202 Shell Rock River (wq-s6-48t)
8.A.(4) 07080203 Winnebago River (wq-s6-48u)
8.A.(5) 07100001 Des Moines River - Headwaters (wq-s6-48v)
8.A.(6) 07100002 Lower Des Moines River (wq-s6-48w)
8.A.(7) 07100003 East Fork Des Moines River (wq-s6-48x)
9.A.(1) 10170202 Upper Big Sioux River (wq-s6-48y)
9.A.(2) 10170203 Lower Big Sioux River (wq-s6-48z)
9.A.(3) 10170204 Rock River (wq-s6-49a)
9.A.(4) 10230003 Little Sioux River (wq-s6-49b)
Stage of rulemaking
Task |
Date(s) |
---|---|
Request for Comments |
Request for Comments published August 25, 2014. Close of Comment period, October 17, 2014 |
Drafting of Rule Language/SONAR |
November 2014 to November 2016 |
Pre-proposal Public Engagement Period |
December 2015/September 2016 |
Public Informational Meeting on Draft Rule Amendments (held during MPCA Advisory Committee meeting) | June 21, 2016 |
Public Comment Period/Notice of Intent to Adopt Rules |
45-day public comment period began on December 19, 2016, and will remain open until 4:30 p.m. on February 2, 2017. |
Public Hearing | February 16, 2017 |
Post-Hearing Comment Period | Feb. 17, 2017, until 4:30 p.m on March 17, 2017. |
Post-Hearing Rebuttal Period | March 18, 2017, until 4:30 p.m. on March 24, 2017. |
Administrative Law Judge (ALJ) Review |
April 24, 2017 |
Notice of Adoption published in State Register |
October 16, 2017 |
U.S. EPA Review and Approval |
June 26, 2018 |
Background
The Clean Water Act (CWA) requires states to assign beneficial uses to waterbodies and to develop water quality criteria to protect those uses. Most surface waters in Minnesota are protected for aquatic life and recreation. Traditionally, aquatic life has been protected through the application of water chemistry based standards. However, the use of only chemical and physical water quality standards to protect aquatic life may provide an incomplete assessment. Measuring one, two or even a handful of chemical and physical parameters as a surrogate for protection of aquatic life can miss impairments. The TALU framework relies on a combination of biological, physical, and chemical monitoring to measure the attainment of aquatic life goals directly. The TALU framework also produces a systematic process with a monitoring and assessment program that collects the right kinds of data which can be used at the same scale that management is being applied. As a result, monitoring and assessment work in parallel with water quality standards to develop effective standards that result in the protection of designated uses.
The TALU framework will move Minnesota's aquatic life standards from a “one-size-fits-all” approach to one that protects appropriately classified waters based on their biological potential. This means that high quality or Exceptional Use waters will be given additional protection to ensure that the condition of these habitats are maintained. The majority of streams and rivers will continue to be protected as General Use or good quality waters. Some waters that are impacted by legacy or historical impacts (for example ditches) could be eligible for a lower goal if it is demonstrated that the biology cannot attain at least the General Use. Class 2 waters meeting Exceptional Use biological goals can be redesignated as an Exceptional Use because the biology has demonstrated that the use is attainable. Similarly, waters meeting the General Use goal would be designated General Use. However, if the General Use goals are not met, then additional analyses are used to determine the attainable use. Specifically, a Use Attainability Analysis (UAA) would need to be performed to determine if the habitat is limiting the biology and what is the cause of the poor habitat. Biological communities that are limited by habitat that are a result of legal activities (for example ditch maintenance) could be redesignated Modified Use.
Biological goals for TALU are based on a scientific model called the biological condition gradient (BCG) and reference waters. The BCG model describes how biological communities change with increasing levels of stress. The BCG is based on the concept that waterbodies receiving higher levels of stress have biological communities with lower condition compared to waterbodies receiving lower levels of stress (see Figure 1 below). The BCG provides a common framework to interpret changes in biological condition regardless of geography or water resource type. It permits a more accurate determination and classification of Minnesota's aquatic resources which improves the ability to make well-informed decisions on aquatic life designations. The BCG is supported by reference condition sites. These reference condition sites are waters that are minimally or least disturbed and therefore serve as a benchmark for assessment. Goals or biological criteria developed using both the BCG and reference sites largely agree and serve to strengthen these goals.
Figure 1. Biological condition gradient
Biological standards. Water quality standards based on chemical and physical criteria, such as dissolved oxygen and pH, do not directly measure the health or condition of biological communities which include fishes, insects, mussels, aquatic plants and algae. Although chemical and physical measures can tell us a lot about water quality, these criteria are essentially surrogates for a direct measure of the biological community. This can be problematic due to the large number and diversity of the stressors that impact biological communities which include chemicals, reduced oxygen, sedimentation, increased temperature, and habitat degradation (see figure 2 below). As a result, the monitoring of chemical and physical parameters for all potential stressors can become too cumbersome to be practical. Rather than measuring the wide variety of stressors, biological communities can be monitored as they are a direct measure of the response of the biota to a wide range of physical and chemical stressors. In other words, their condition is a reflection of all the impacts of multiple stressors over time. Chemical standards have been, and will remain, an important tool for restoring and protecting beneficial uses. However, the addition of biological monitoring and biological standards will complement them and will result in refinement of chemical criteria.
Figure 2 —Five major factors that determine the integrity of aquatic resources
High quality water resources. Another limitation of Minnesota's current water quality framework is that high quality resources are often under protected. At present there is a framework to protect the degradation of high quality waters called antidegradation, but there are still elements of Minnesota's antidegradation provisions in rule that can allow considerable degradation of these waters without violating the CWA. TALU establishes a higher tier of use to protect these high quality waters. Once a water body has been established as meeting the requirements of a high quality water resource, the resource needs to be protected to maintain that status. The concept of protecting the “existing” use of a waterbody is one of the most important tenets of the CWA.
Modified or limited water resources. There are water resources in this state that will not in the near future meet the CWA interim goals due to legacy impacts. These legacy impacts are those impacts that preceded the CWA. This includes streams under drainage maintenance or other irreversible hydromodification that preclude attainment of goals. For example, channelized streams and ditches would be included in this category. TALU provides a mechanism to monitor and set realistic expectations for waters that are unlikely to meet goals due to legacy impacts. The expectations fully protect the existing uses of each waterbody and recognize their historical and current site specific context. This element of TALU allows for the establishment of realistic expectations for waterbodies that have multiple and well established uses.
Stressor identification: When biological communities are determined to not be attaining General Use goals, the MPCA will need to have the tools and knowledge to determine in a timely manner if a lower use is appropriate and if the water body does not attain the designated use, what stressors are resulting in nonattainment. TALU incorporates the concept of pollution into assessments of condition and provides an opportunity to address the key stressors that are the most determinant of biological condition. In doing so, TALU allows assessment and water quality management efforts to focus on the correct problems.
Some other goals/benefits of TALU adoption include:
- Monitoring of incremental improvements in water quality. This allows entities working to improve water quality to document and show progress toward a goal.
- TALU helps guide development and modification of water quality standards to produce improved standards.
- TALU merges the design and practice of monitoring and assessment with the development and implementation of water quality standards.
Technical support documents
Macroinvertebrate data collection protocols for lotic waters in Minnesota (2017) (wq-bsm3-12a)
Fish Data Collection Protocols for Lotic Waters in Minnesota (2017) (wq-bsm3-12b)
Calibration of the Biological Condition Gradient for Streams of Minnesota (wq-s6-32)
Development of Biological Criteria for Tiered Aquatic Life Uses
Technical Guidance for Reviewing and Designating Aquatic Life Uses in Minnesota Streams and Rivers (wq-s6-34)
Framework and Implementation Recommendations for Tiered Aquatic Life Uses (TALU) (wq-s6-24)
Draft tiered aquatic life use (TALU) designations (wq-s6-38)
Identification of Predictive Habitat Attributes for Minnesota Streams to Support Tiered Aquatic Life Uses (wq-s6-39)
Refining State Water Quality Monitoring Programs and Aquatic Life Uses: Evaluation of the Minnesota PCA Bioassessment Program (wq-s6-40)
Macroinvertebrate data collection protocols for lotic waters in Minnesota (2017) (wq-bsm3-12a)
Fish data collection protocols for lotic waters in Minnesota (2017) (wq-bsm3-12b)
Documents made available and discussed during a June 13, 2012, public meeting with potentially interested parties to provide an update on the development of a TALU framework for Minnesota.
Overview of Water Quality Standards
TALU Framework Overview and Implementation
Conceptual and Practical Basis for TALU
Documents discussed with stakeholders during meetings held in 2015/2016.
Draft TALU Rule (wq-s6-37)
Tiered aquatic life uses overview (wq-s6-33)
TALU Overview (wq-s6-36)
Questions about TALU/water standards
Will Bouchard: 651-757-2333 or will.bouchard@state.mn.us