HF 2513

as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 02:10pm

A bill for an act
relating to environment; requiring commissioner of Pollution Control Agency to
engage in rulemaking and to take certain actions with respect to class 3 and 4
waters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin RULEMAKING REQUIRED; REPEALING OR AMENDING CLASS 3
AND 4 WATER QUALITY STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Rulemaking required. new text end

new text begin By July 1, 2020, the commissioner of the Pollution
Control Agency must complete rulemaking to amend or repeal the class 3 and class 4 water
quality standards in Minnesota Rules, parts 7050.0223 and 7050.0224, subparts 2 to 4.
new text end

new text begin Subd. 2. new text end

new text begin Limited scope of rulemaking. new text end

new text begin The rulemaking required by subdivision 1 must
be limited in scope to amending the water quality standards for agricultural, industrial, and
wildlife beneficial use classifications and must not address the class 4 water quality standards
related to identifying waters used for producing wild rice or the existing sulfate standard
for protecting wild rice in Minnesota Rules, part 7050.0223, subparts 1 and 2.
new text end

new text begin Subd. 3. new text end

new text begin Actions required before completing rulemaking. new text end

new text begin Until the commissioner
completes the rulemaking required by subdivision 1, the commissioner is subject to the
following requirements and limitations with respect to implementing the class 3 and class
4 water quality standards in Minnesota Rules, parts 7050.0223 and 7050.0224, subparts 2
to 4, unless additional conditions are requested by a permittee:
new text end

new text begin (1) when issuing, modifying, or renewing a national pollutant discharge elimination
system (NPDES) or state disposal system (SDS) permit, the commissioner may require
pollutant minimization plans but must not require permittees to expend money to design or
implement any treatment technologies or other forms of mitigation;
new text end

new text begin (2) notwithstanding Minnesota Rules, part 7053.0205, the commissioner must not use
the seven-day ten-year low flow when assessing the need to include or modify a
water-quality-based effluent limit in permits or when calculating that limit. Instead, the
commissioner must identify and use an alternative measure of stream flow that is
scientifically defensible and protective of the applicable agricultural or industrial use given
the latest scientific information on the frequency and duration of exposure that could cause
impairment of the applicable uses;
new text end

new text begin (3) when assessing the need to include or modify water-quality-based effluent limits in
permits or when calculating the limits, the commissioner must use the latest scientific
information to ensure protection of the specific applicable agricultural, industrial, or wildlife
use. Notwithstanding any provision of Minnesota Rules, part 7050.0224, to the contrary,
the specific numeric criteria identified in Minnesota Rules, part 7050.0224, subpart 2, must
be used only as a guide for protecting agricultural uses, and the commissioner may consider
information related to soil and crop type; and
new text end

new text begin (4) the commissioner must not list additional waters as impaired for class 3 or class 4
water quality standards under section 303(d) of the federal Clean Water Act, United States
Code, title 33, section 1313, et seq., until the rulemaking required by subdivision 1 takes
effect.
new text end

new text begin Subd. 4. new text end

new text begin Modifying permits. new text end

new text begin After the rulemaking required by subdivision 1 takes
effect, the commissioner must modify or remove water-quality-based effluent limits contained
in permits that are impacted by the rule change.
new text end

new text begin Subd. 5. new text end

new text begin Relation to federal law. new text end

new text begin The commissioner must implement the requirements
of this section in a manner that is consistent with federal law and to the fullest extent allowed
by federal law. Nothing in this section may be construed to conflict with federal law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end