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 October 29, 2019, at the Minnesota Pollution Control Agency in St. Paul.
The MPCA will hold one public hearing to be convened at 3:30 p.m. on Wednesday, December 11, 2019. The public hearing will be held at the following locations:
- MPCA Saint Paul Office, 520 Lafayette Road North, Saint Paul, MN 55155
- MPCA Duluth Office, 525 Lake Avenue South, Suite 400, Duluth, MN 55802
- MPCA Detroit Lakes Office, 714 Lake Avenue, Suite 220, Detroit Lakes, MN 56501
- MPCA Marshall Office, 504 Fairgrounds Road, Suite 200, Marshall, MN 56258
- MPCA Rochester Office, 18 Wood Lake Drive SE, Rochester, MN 55904
See the Dual Notice for more information about the hearing:
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
- Notice of Hearing to Those Who Requested a Hearing (wq-rule4-21h)
- Comments Received during Dual Notice Comment Period (wq-rule4-21j)
- Hearing Requests Received during Dual Notice Comment Period (wq-rule4-21k)
- Dual Notice of Intent to Adopt Rules - Class 2 and Class 7 Use Designations (wq-rule4-21d)
- Proposed Amendments to Class 2 and Class 7 Use Designation Rules (wq-rule4-21e)
- Statement of Need and Reasonableness (SONAR) for Proposed Rules (wq-rule4-21f)
- SONAR Exhibits 1–20 (wq-rule4-21g1)
- SONAR Exhibits 21–23 (wq-rule4-21g2)
- SONAR Exhibits 24–32 (wq-rule4-21g3)
- SONAR Exhibits - Appendices 32a–32c, Maps of designated use changes (wq-rule4-21g4)
- SONAR Exhibits - Appendices 32d–32e, Maps of designated use changes (wq-rule4-21g5)
- SONAR Exhibits - Appendices 32f–32h, Maps of designated use changes (wq-rule4-21g6)
- SONAR Exhibits 33–50 (wq-rule4-21g7)
- SONAR Exhibits 51–56 (wq-rule4-21g8)
- Request for comments on amendments – Use Classifications 2 and 7 - September 24, 2018 (wq-rule4-21b)
- Comments received in response to request for comments - Use Classifications 2 and 7 (wq-rule4-21c)
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.
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
- Amendments to Aquatic Life (Class 2) Use Designations (wq-rule4-21a)
- Appendix A: Maps of designated use changes - Lake Superior Basin (wq-rule4-21a1)
- Appendix B: Maps of designated use changes - Lake of the Woods Basins (wq-rule4-21a2)
- Appendix C: Maps of designated use changes - Red River of the North Basin (wq-rule4-21a3)
- Appendix D: Maps of designated use changes - Upper Mississippi River Basin (wq-rule4-21a4)
- Appendix E: Maps of designated use changes - Minnesota River (part) (wq-rule4-21a5)
- Appendix F: Maps of designated use changes - Minnesota River (part) and Saint Croix River Basins (wq-rule4-21a6)
- Appendix G: Maps of designated use changes - Lower Mississippi River Basin (wq-rule4-21a7)
- Appendix H: Maps of designated use changes - Cedar-Des Moines Rivers Basin (wq-rule4-21a8)
- Technical Guidance for Reviewing and Designating Aquatic Life Uses in Minnesota Streams and Rivers (wq-s6-34)
- Identification of Predictive Habitat Attributes for Minnesota Streams to Support Tiered Aquatic Life Uses (wq-s6-39)
- Development of Biological Criteria for Tiered Aquatic Life Uses
- 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)
Questions about draft aquatic life designated uses:
Questions about rulemaking:
Mary H. Lynn