1.1 	A bill for an act
1.2 	relating to environment; providing for permitting efficiency; modifying 
1.3 	environmental review requirements; modifying the TMDL process;amending 
1.4 	Minnesota Statutes 2010, sections 84.027, by adding a subdivision; 114D.15, 
1.5 	subdivisions 10, 11, by adding a subdivision; 114D.20, subdivisions 2, 4; 
1.6 	114D.25, subdivision 1; 114D.35, subdivisions 1, 2; 115.07; 116.03, by adding 
1.7 	a subdivision; 116.07, subdivisions 2, 7c; 116.0711, by adding a subdivision; 
1.8 	116D.04, subdivisions 2a, 3a, 10; 116D.045, subdivisions 1, 3.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	ARTICLE 1
1.11 	PERMITTING

1.12 	Section 1. Minnesota Statutes 2010, section 84.027, is amended by adding a 
1.13 	subdivision to read:
1.14 		Subd. 14a.Permitting efficiency. (a) It is the goal of the state that environmental 
1.15 	and resource management permits be issued or denied within 150 days of the submission 
1.16 	of a substantially completed permit application. The commissioner of natural resources 
1.17 	shall establish management systems designed to achieve the goal.
1.18 	(b) The commissioner shall prepare semiannual permitting efficiency reports that 
1.19 	include statistics on meeting the goal in paragraph (a). The reports are due February 1 and 
1.20 	August 1 each year. For permit applications that have not met the goal, the report must 
1.21 	state the reasons for not meeting the goal, steps that will be taken to complete action on 
1.22 	the application, and the expected timeline. In stating the reasons for not meeting the 
1.23 	goal, the commissioner shall separately identify delays caused by the responsiveness of 
1.24 	the proposer, lack of staff, scientific or technical disagreements, or the level of public 
1.25 	engagement. The report must specify the number of days from initial submission of 
2.1 	the application to the day of determination that the application is complete. The report 
2.2 	for the final quarter of the fiscal year must aggregate the data for the year and assess 
2.3 	whether program or system changes are necessary to achieve the goal. The report must 
2.4 	be posted on the department's Web site and submitted to the governor and the chairs and 
2.5 	ranking minority members of the house of representatives and senate committees having 
2.6 	jurisdiction over natural resources policy and finance.
2.7 	(c) The commissioner shall allow electronic submission of environmental review 
2.8 	and permit documents to the department.
2.9 	(d) Within 30 days of application for a permit subject to paragraph (a), the 
2.10 	commissioner of natural resources shall notify the project proposer, in writing, of 
2.11 	whether or not the permit application is complete enough for processing. If the permit 
2.12 	is incomplete, the commissioner must identify where deficiencies exist and advise 
2.13 	the applicant on how they can be remedied. A resubmittal of the application begins a 
2.14 	new 30-day review period. If the commissioner fails to notify the project proposer of 
2.15 	completeness within the 30-day period, the application is deemed to be substantially 
2.16 	complete and subject to the 150-day permitting review period in paragraph (a) from the 
2.17 	date it was submitted.

2.18 	Sec. 2. Minnesota Statutes 2010, section 115.07, is amended to read:
2.19 	115.07 VIOLATIONS AND PROHIBITIONS.
2.20 		Subdivision 1.Obtain permit. (a) Except as provided in paragraph (b), it shall be
2.21 	is unlawful for any person to construct, install, or operate a disposal system, or any part 
2.22 	thereof, until plans therefor shalland specifications for the disposal system have been 
2.23 	submitted to the agency, unless the agency shall have waived thewaives submission 
2.24 	thereof to itof the plans and specifications and a written permit therefor shall have been
2.25 	for the disposal system is granted by the agency.
2.26 	(b) If a person who discharges a pollutant into the waters of the state is required by 
2.27 	statute or rule to obtain a national pollutant discharge elimination system permit or a state 
2.28 	disposal system permit, the person may construct or install, prior to issuance of the permit, 
2.29 	at the person's own risk, a disposal system or any part thereof, unless the action taken:
2.30 	(1) is prohibited by federal law or regulation;
2.31 	(2) is by a municipality constructing a wastewater system with a design capacity of 
2.32 	200,000 gallons per day, or less;
2.33 	(3) is subject to environmental review under chapter 116D, and prohibited from 
2.34 	commencing construction until that process is completed;
2.35 	(4) is subject to a grant or loan agreement under chapter 446A;
3.1 	(5) requires a construction storm water permit under rules of the agency; or
3.2 	(6) requires a subsurface sewage treatment system permit under rules of the agency.
3.3 	The person is prohibited from operating the system or discharging pollutants into 
3.4 	the waters of the state until a written permit for the discharge is granted by the agency 
3.5 	and until plans and specifications for the disposal system have been approved, unless the 
3.6 	agency waives the submission of plans and specifications.
3.7 	(c) For disposal systems operated on streams with extreme seasonal flows, the 
3.8 	agency must allow seasonal permit limits based on a fixed or variable effluent limit when 
3.9 	the municipality operating the disposal system requests them and is in compliance with 
3.10 	agency water quality standards.
3.11 		Subd. 3.Permission for extension. (a) Except as provided in paragraph (b), it 
3.12 	shall beis unlawful for any person to make any change in, addition to, or extension of any 
3.13 	existing disposal system or point source, or part thereof, to effect any facility expansion, 
3.14 	production increase, or process modification which results in new or increased discharges 
3.15 	of pollutants, or to operate such system or point source, or part thereof as so changed, 
3.16 	added to, or extended until plans and specifications therefor shall have been submitted to 
3.17 	the agency, unless the agency shall have waived thewaives submission thereof to itof 
3.18 	the plans and specifications and a written permit therefor shall have beenfor the change, 
3.19 	addition, or extension is granted by the agency.
3.20 	(b) If a person who discharges a pollutant into the waters of the state is required by 
3.21 	statute or rule to obtain a national pollutant discharge elimination system permit or a state 
3.22 	disposal system permit, the person may, prior to issuance of the permit, at the person's 
3.23 	own risk, act to change, add to, or extend an existing disposal system or point source, or 
3.24 	part thereof, unless the action taken:
3.25 	(1) is prohibited by federal law or regulation;
3.26 	(2) is by a municipality constructing a wastewater system with a design capacity of 
3.27 	200,000 gallons per day, or less;
3.28 	(3) is subject to environmental review under chapter 116D, and prohibited from 
3.29 	commencing construction until that process is completed;
3.30 	(4) is subject to a grant or loan agreement under chapter 446A;
3.31 	(5) requires a construction storm water permit under rules of the agency; or
3.32 	(6) requires a subsurface treatment system permit under rules of the agency.
3.33 	The person is prohibited from operating the system or discharging pollutants into 
3.34 	the waters of the state until a written permit for the discharge is granted by the agency 
3.35 	and until plans and specifications for the disposal system have been approved, unless the 
3.36 	agency waives the submission of plans and specifications.

4.1 	Sec. 3. Minnesota Statutes 2010, section 116.03, is amended by adding a subdivision to 
4.2 	read:
4.3 		Subd. 2b.Permitting efficiency. (a) It is the goal of the state that environmental and 
4.4 	resource management permits be issued or denied within 150 days of the submission of a 
4.5 	substantially completed permit application. The commissioner of the Pollution Control 
4.6 	Agency shall establish management systems designed to achieve the goal.
4.7 	(b) The commissioner shall prepare semiannual permitting efficiency reports that 
4.8 	include statistics on meeting the goal in paragraph (a). The reports are due February 1 and 
4.9 	August 1 each year. For permit applications that have not met the goal, the report must 
4.10 	state the reasons for not meeting the goal, steps that will be taken to complete action on 
4.11 	the application, and the expected timeline. In stating the reasons for not meeting the 
4.12 	goal, the commissioner shall separately identify delays caused by the responsiveness of 
4.13 	the proposer, lack of staff, scientific or technical disagreements, or the level of public 
4.14 	engagement. The report must specify the number of days from initial submission of 
4.15 	the application to the day of determination that the application is complete. The report 
4.16 	for the final quarter of the fiscal year must aggregate the data for the year and assess 
4.17 	whether program or system changes are necessary to achieve the goal. The report must 
4.18 	be posted on the agency's Web site and submitted to the governor and the chairs and 
4.19 	ranking minority members of the house of representatives and senate committees having 
4.20 	jurisdiction over environment policy and finance.
4.21 	(c) The commissioner shall allow electronic submission of environmental review 
4.22 	and permit documents to the agency.
4.23 	(d) Within 30 days of application for a permit subject to paragraph (a), the 
4.24 	commissioner of the Pollution Control Agency shall notify the project proposer, in 
4.25 	writing, of whether or not the permit application is complete enough for processing. If 
4.26 	the permit is incomplete, the commissioner must identify where deficiencies exist and 
4.27 	advise the applicant on how they can be remedied. A resubmittal of the application begins 
4.28 	a new 30-day review period. If the commissioner fails to notify the project proposer of 
4.29 	completeness within the 30-day period, the application is deemed to be substantially 
4.30 	complete and subject to the 150-day permitting review period in paragraph (a) from the 
4.31 	date it was submitted.

4.32 	Sec. 4. Minnesota Statutes 2010, section 116.07, subdivision 2, is amended to read:
4.33 		Subd. 2.Adoption of standards. (a) The Pollution Control Agency shall improve 
4.34 	air quality by promoting, in the most practicable way possible, the use of energy sources 
4.35 	and waste disposal methods which produce or emit the least air contaminants consistent 
5.1 	with the agency's overall goal of reducing all forms of pollution. The agency shall also 
5.2 	adopt standards of air quality, including maximum allowable standards of emission of air 
5.3 	contaminants from motor vehicles, recognizing that due to variable factors, no single 
5.4 	standard of purity of air is applicable to all areas of the state. In adopting standards the 
5.5 	Pollution Control Agency shall give due recognition to the fact that the quantity or 
5.6 	characteristics of air contaminants or the duration of their presence in the atmosphere, 
5.7 	which may cause air pollution in one area of the state, may cause less or not cause any air 
5.8 	pollution in another area of the state, and it shall take into consideration in this connection 
5.9 	such factors, including others which it may deem proper, as existing physical conditions, 
5.10 	zoning classifications, topography, prevailing wind directions and velocities, and the fact 
5.11 	that a standard of air quality which may be proper as to an essentially residential area of 
5.12 	the state, may not be proper as to a highly developed industrial area of the state. Such 
5.13 	standards of air quality shall be premised upon scientific knowledge of causes as well as 
5.14 	effects based on technically substantiated criteria and commonly accepted practices. No 
5.15 	local government unit shall set standards of air quality which are more stringent than 
5.16 	those set by the Pollution Control Agency.
5.17 	(b) The Pollution Control Agency shall promote solid waste disposal control 
5.18 	by encouraging the updating of collection systems, elimination of open dumps, and 
5.19 	improvements in incinerator practices. The agency shall also adopt standards for the 
5.20 	control of the collection, transportation, storage, processing, and disposal of solid waste 
5.21 	and sewage sludge for the prevention and abatement of water, air, and land pollution, 
5.22 	recognizing that due to variable factors, no single standard of control is applicable to 
5.23 	all areas of the state. In adopting standards, the Pollution Control Agency shall give 
5.24 	due recognition to the fact that elements of control which may be reasonable and proper 
5.25 	in densely populated areas of the state may be unreasonable and improper in sparsely 
5.26 	populated or remote areas of the state, and it shall take into consideration in this connection 
5.27 	such factors, including others which it may deem proper, as existing physical conditions, 
5.28 	topography, soils and geology, climate, transportation, and land use. Such standards of 
5.29 	control shall be premised on technical criteria and commonly accepted practices.
5.30 	(c) The Pollution Control Agency shall also adopt standards describing the 
5.31 	maximum levels of noise in terms of sound pressure level which may occur in the outdoor 
5.32 	atmosphere, recognizing that due to variable factors no single standard of sound pressure 
5.33 	is applicable to all areas of the state. Such standards shall give due consideration to 
5.34 	such factors as the intensity of noises, the types of noises, the frequency with which 
5.35 	noises recur, the time period for which noises continue, the times of day during which 
5.36 	noises occur, and such other factors as could affect the extent to which noises may be 
6.1 	injurious to human health or welfare, animal or plant life, or property, or could interfere 
6.2 	unreasonably with the enjoyment of life or property. In adopting standards, the Pollution 
6.3 	Control Agency shall give due recognition to the fact that the quantity or characteristics 
6.4 	of noise or the duration of its presence in the outdoor atmosphere, which may cause 
6.5 	noise pollution in one area of the state, may cause less or not cause any noise pollution 
6.6 	in another area of the state, and it shall take into consideration in this connection such 
6.7 	factors, including others which it may deem proper, as existing physical conditions, 
6.8 	zoning classifications, topography, meteorological conditions and the fact that a standard 
6.9 	which may be proper in an essentially residential area of the state, may not be proper as to 
6.10 	a highly developed industrial area of the state. Such noise standards shall be premised 
6.11 	upon scientific knowledge as well as effects based on technically substantiated criteria 
6.12 	and commonly accepted practices. No local governing unit shall set standards describing 
6.13 	the maximum levels of sound pressure which are more stringent than those set by the 
6.14 	Pollution Control Agency.
6.15 	(d) The Pollution Control Agency shall adopt standards for the identification of 
6.16 	hazardous waste and for the management, identification, labeling, classification, storage, 
6.17 	collection, transportation, processing, and disposal of hazardous waste, recognizing 
6.18 	that due to variable factors, a single standard of hazardous waste control may not be 
6.19 	applicable to all areas of the state. In adopting standards, the Pollution Control Agency 
6.20 	shall recognize that elements of control which may be reasonable and proper in densely 
6.21 	populated areas of the state may be unreasonable and improper in sparsely populated 
6.22 	or remote areas of the state. The agency shall consider existing physical conditions, 
6.23 	topography, soils, and geology, climate, transportation and land use. Standards of 
6.24 	hazardous waste control shall be premised on technical knowledge, and commonly 
6.25 	accepted practices. Hazardous waste generator licenses may be issued for a term not to 
6.26 	exceed five years. No local government unit shall set standards of hazardous waste control 
6.27 	which are in conflict or inconsistent with those set by the Pollution Control Agency.
6.28 	(e) A person who generates less than 100 kilograms of hazardous waste per month is 
6.29 	exempt from the following agency hazardous waste rules:
6.30 	(1) rules relating to transportation, manifesting, storage, and labeling for 
6.31 	photographic fixer and x-ray negative wastes that are hazardous solely because of silver 
6.32 	content; and
6.33 	(2) any rule requiring the generator to send to the agency or commissioner a copy 
6.34 	of each manifest for the transportation of hazardous waste for off-site treatment, storage, 
6.35 	or disposal, except that counties within the metropolitan area may require generators to 
6.36 	provide manifests.
7.1 	Nothing in this paragraph exempts the generator from the agency's rules relating to on-site 
7.2 	accumulation or outdoor storage. A political subdivision or other local unit of government 
7.3 	may not adopt management requirements that are more restrictive than this paragraph.
7.4 	(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality, 
7.5 	solid waste, or hazardous waste under this chapter, or standards for water quality under 
7.6 	chapter 115, that are more stringent than any similar federal standard adopted under 
7.7 	the Clean Air Act, United States Code, title 42, section 7412(b)(2); the Clean Water 
7.8 	Act, United States Code, title 33, sections 1312(a) and 1313(c)(4); and the Resource 
7.9 	Conservation and Recovery Act, United States Code, title 42, section 6921(b)(1), the 
7.10 	statement of need and reasonableness must include documentation that the federal 
7.11 	standard does not provide adequate protection for public health and the environment and 
7.12 	a comparison of the proposed standard with standards in border states and states within 
7.13 	Environmental Protection Agency Region 5.

7.14 	Sec. 5. Minnesota Statutes 2010, section 116.07, subdivision 7c, is amended to read:
7.15 		Subd. 7c.NPDES feedlot permitting requirements. (a) The agency must issue 
7.16 	national pollutant discharge elimination system permits for feedlots with 1,000 animal 
7.17 	units or more and that meet the definition of a "concentrated animal feeding operation" in 
7.18 	Code of Federal Regulations, title 40, section 122.23, only as required by federal law. The 
7.19 	issuance of national pollutant discharge elimination system permits for feedlots must be 
7.20 	based on the following:
7.21 	(1) a permit for a newly constructed or expanded animal feedlot that is identified as a 
7.22 	priority by the commissioner, using criteria established under paragraph (d) in effect on 
7.23 	January 1, 2010, must be issued as an individual permit;
7.24 	(2) after January 1, 2001, an existing feedlot that is identified as a priority by the 
7.25 	commissioner, using criteria established under paragraph (e) in effect on January 1, 2010,
7.26 	must be issued as an individual permit; and
7.27 	(3) the agency must issue a general national pollutant discharge elimination system 
7.28 	permit, if required, for animal feedlots that are not identified under clause (1) or (2).
7.29 	(b) Prior to the issuance of a general national pollutant discharge elimination system 
7.30 	permit for a category of animal feedlot facility permittees, the agency must hold at least 
7.31 	one public hearing on the permit issuance.
7.32 	(c) To the extent practicable, the agency must include a public notice and comment 
7.33 	period for an individual national pollutant discharge elimination system permit concurrent 
7.34 	with any public notice and comment for:
7.35 	(1) the purpose of environmental review of the same facility under chapter 116D; or
8.1 	(2) the purpose of obtaining a conditional use permit from a local unit of government 
8.2 	where the local government unit is the responsible governmental unit for purposes of 
8.3 	environmental review under chapter 116D.
8.4 	(d) The commissioner, in consultation with the Feedlot and Manure Management 
8.5 	Advisory Committee, created under section 17.136, and other interested parties must 
8.6 	develop criteria for determining whether an individual national pollutant discharge 
8.7 	elimination system permit is required under paragraph (a), clause (1). The criteria must 
8.8 	be based on proximity to waters of the state, facility design, and other site-specific 
8.9 	environmental factors. The agency shall issue a general operation permit for a feedlot 
8.10 	with a capacity greater than 1,000 animal units that is not required by federal law to 
8.11 	obtain a national pollutant discharge elimination system permit. A feedlot operator must 
8.12 	complete an application for the operating permit, on forms provided by the commissioner, 
8.13 	containing the following:
8.14 	(1) the names and addresses of the owners and the signature of at least one of the 
8.15 	owners;
8.16 	(2) the legal name and business address of the facility, if different than the owner;
8.17 	(3) the location of the facility by county, township, section, and quarter section;
8.18 	(4) a list of all animal types, and the maximum number of animals of each animal 
8.19 	type that can be confined within each lot, building, or area at the animal feedlot;
8.20 	(5) a list of all existing and proposed manure storage areas;
8.21 	(6) the total number of animal units that the facilities listed in clauses (4) and (5) will 
8.22 	be capable of holding after completing construction or expansion;
8.23 	(7) the soil type or texture and depth to saturated soils at the facility as identified 
8.24 	in the United States Department of Agriculture Soil Survey Manual or a site-specific 
8.25 	soils investigation;
8.26 	(8) an aerial photograph showing the location of all wells, buildings, surface tile 
8.27 	intakes, lakes, rivers, and watercourses within 1,000 feet of the proposed facility;
8.28 	(9) the number of acres available for land application of manure;
8.29 	(10) a manure management plan that meets the requirements in rules of the agency; 
8.30 	and
8.31 	(11) if applicable, a description of all conditions that make the facility a pollution 
8.32 	hazard and a description of the corrective and protective measures proposed to correct 
8.33 	the pollution hazard.
8.34 	(e) The commissioner, in consultation with the Feedlot and Manure Management 
8.35 	Advisory Committee, created under section 17.136, and other interested parties must 
8.36 	develop criteria for determining whether an individual national pollutant discharge 
9.1 	elimination system permit is required for an existing animal feedlot, under paragraph (a), 
9.2 	clause (2). The criteria must be based on violations and other compliance problems at the 
9.3 	facility If federal law requires a feedlot to have a national pollutant discharge elimination 
9.4 	system permit, the commissioner shall issue a joint state disposal system and national 
9.5 	pollutant discharge elimination system permit for the feedlot.
9.6 	(f) The commissioner, in consultation with the Feedlot and Manure Management 
9.7 	Advisory Committee, created under section 17.136, and other interested parties must 
9.8 	develop criteria for determining when an individual national pollutant discharge 
9.9 	elimination system permit is transferred from individual to general permit status If a 
9.10 	feedlot is required to have a federal new construction stormwater permit, and a national 
9.11 	pollutant discharge elimination system permit, the commissioner shall incorporate that 
9.12 	permit into a state disposal system permit or national pollutant discharge elimination 
9.13 	system permit required under this section.
9.14 	(g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the 
9.15 	commissioner may issue an individual national pollutant discharge elimination system 
9.16 	permit for an animal feedlot. After the general permit is issued and the criteria under 
9.17 	paragraphs (d) and (e) are developed, individual permits issued pursuant to this paragraph 
9.18 	that do not fit the criteria for an individual permit under the applicable provisions of 
9.19 	paragraph (d) or (e) must be transferred to general permit status A feedlot owner may 
9.20 	choose to apply for a national pollutant discharge elimination system permit even if the 
9.21 	feedlot is not required by federal law to have a national pollutant discharge elimination 
9.22 	system permit.
9.23 	(h) The commissioner, in consultation with the Feedlot and Manure Management 
9.24 	Advisory Committee, created under section 17.136, and other interested parties must 
9.25 	develop criteria for determining which feedlots are required to apply for and obtain a 
9.26 	national pollutant discharge elimination system permit and which feedlots are required to 
9.27 	apply for and obtain a state disposal system permit based upon the actual or potential to 
9.28 	discharge.

9.29 	Sec. 6. Minnesota Statutes 2010, section 116.0711, is amended by adding a subdivision 
9.30 	to read:
9.31 		Subd. 4.Animal unit determinations. When making a determination on a permit 
9.32 	or taking any other regulatory action for a feedlot permit, the commissioner shall use the 
9.33 	maximum number of animal units actually confined at an animal feedlot instead of the 
9.34 	feedlot's estimated maximum capacity for animal unit confinement.

10.1 	Sec. 7. Minnesota Statutes 2010, section 116D.04, subdivision 2a, is amended to read:
10.2 		Subd. 2a.When prepared. Where there is potential for significant environmental 
10.3 	effects resulting from any major governmental action, the action shall be preceded by a 
10.4 	detailed environmental impact statement prepared by the responsible governmental unit. 
10.5 	The environmental impact statement shall be an analytical rather than an encyclopedic 
10.6 	document which describes the proposed action in detail, analyzes its significant 
10.7 	environmental impacts, discusses appropriate alternatives to the proposed action and 
10.8 	their impacts, and explores methods by which adverse environmental impacts of an 
10.9 	action could be mitigated. The environmental impact statement shall also analyze those 
10.10 	economic, employment and sociological effects that cannot be avoided should the action 
10.11 	be implemented. To ensure its use in the decision-making process, the environmental 
10.12 	impact statement shall be prepared as early as practical in the formulation of an action. 
10.13 	No mandatory environmental impact statement may be required for an ethanol plant, 
10.14 	as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than 
10.15 	125,000,000 gallons of ethanol annually and is located outside of the seven-county 
10.16 	metropolitan area.
10.17 	(a) The board shall by rule establish categories of actions for which environmental 
10.18 	impact statements and for which environmental assessment worksheets shall be prepared 
10.19 	as well as categories of actions for which no environmental review is required under 
10.20 	this section.
10.21 	(b) The responsible governmental unit shall promptly publish notice of the 
10.22 	completion of an environmental assessment worksheet in a manner to be determined by 
10.23 	the board and shall provide copies of the environmental assessment worksheet to the board 
10.24 	and its member agencies. Comments on the need for an environmental impact statement 
10.25 	may be submitted to the responsible governmental unit during a 30-day period following 
10.26 	publication of the notice that an environmental assessment worksheet has been completed. 
10.27 	The responsible governmental unit's decision on the need for an environmental impact 
10.28 	statement shall be based on the environmental assessment worksheet and the comments 
10.29 	received during the comment period, and shall be made within 15 days after the close of 
10.30 	the comment period. The board's chair may extend the 15-day period by not more than 15 
10.31 	additional days upon the request of the responsible governmental unit.
10.32 	(c) An environmental assessment worksheet shall also be prepared for a proposed 
10.33 	action whenever material evidence accompanying a petition by not less than 25 
10.34 	individuals, submitted before the proposed project has received final approval by the 
10.35 	appropriate governmental units, demonstrates that, because of the nature or location of a 
10.36 	proposed action, there may be potential for significant environmental effects. Petitions 
11.1 	requesting the preparation of an environmental assessment worksheet shall be submitted to 
11.2 	the board. The chair of the board shall determine the appropriate responsible governmental 
11.3 	unit and forward the petition to it. A decision on the need for an environmental assessment 
11.4 	worksheet shall be made by the responsible governmental unit within 15 days after the 
11.5 	petition is received by the responsible governmental unit. The board's chair may extend 
11.6 	the 15-day period by not more than 15 additional days upon request of the responsible 
11.7 	governmental unit.
11.8 	(d) Except in an environmentally sensitive location where Minnesota Rules, part 
11.9 	4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 
11.10 	review under this chapter and rules of the board, if:
11.11 	(1) the proposed action is:
11.12 	(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
11.13 	(ii) an expansion of an existing animal feedlot facility with a total cumulative 
11.14 	capacity of less than 1,000 animal units;
11.15 	(2) the application for the animal feedlot facility includes a written commitment by 
11.16 	the proposer to design, construct, and operate the facility in full compliance with Pollution 
11.17 	Control Agency feedlot rules; and
11.18 	(3) the county board holds a public meeting for citizen input at least ten business 
11.19 	days prior to the Pollution Control Agency or county issuing a feedlot permit for the 
11.20 	animal feedlot facility unless another public meeting for citizen input has been held with 
11.21 	regard to the feedlot facility to be permitted. The exemption in this paragraph is in 
11.22 	addition to other exemptions provided under other law and rules of the board.
11.23 	(e) The board may, prior to final approval of a proposed project, require preparation 
11.24 	of an environmental assessment worksheet by a responsible governmental unit selected 
11.25 	by the board for any action where environmental review under this section has not been 
11.26 	specifically provided for by rule or otherwise initiated.
11.27 	(f) An early and open process shall be utilized to limit the scope of the environmental 
11.28 	impact statement to a discussion of those impacts, which, because of the nature or location 
11.29 	of the project, have the potential for significant environmental effects. The same process 
11.30 	shall be utilized to determine the form, content and level of detail of the statement as well 
11.31 	as the alternatives which are appropriate for consideration in the statement. In addition, 
11.32 	the permits which will be required for the proposed action shall be identified during the 
11.33 	scoping process. Further, the process shall identify those permits for which information 
11.34 	will be developed concurrently with the environmental impact statement. The board 
11.35 	shall provide in its rules for the expeditious completion of the scoping process. The 
12.1 	determinations reached in the process shall be incorporated into the order requiring the 
12.2 	preparation of an environmental impact statement.
12.3 	(g) The responsible governmental unit shall, to the extent practicable, avoid 
12.4 	duplication and ensure coordination between state and federal environmental review 
12.5 	and between environmental review and environmental permitting. Whenever practical, 
12.6 	information needed by a governmental unit for making final decisions on permits or 
12.7 	other actions required for a proposed project shall be developed in conjunction with the 
12.8 	preparation of an environmental impact statement.
12.9 	(h) An environmental impact statement shall be prepared and its adequacy 
12.10 	determined within 280 days after notice of its preparation unless the time is extended by 
12.11 	consent of the parties or by the governor for good cause. The responsible governmental 
12.12 	unit shall determine the adequacy of an environmental impact statement, unless within 60 
12.13 	days after notice is published that an environmental impact statement will be prepared, 
12.14 	the board chooses to determine the adequacy of an environmental impact statement. If an 
12.15 	environmental impact statement is found to be inadequate, the responsible governmental 
12.16 	unit shall have 60 days to prepare an adequate environmental impact statement.
12.17 	(i) The proposer of a specific action may prepare a draft environmental impact 
12.18 	statement under this section on that action for submission to and review, modification, 
12.19 	and determination of completeness and adequacy by the responsible governmental 
12.20 	unit. A draft environmental impact statement prepared by the project proposer and 
12.21 	submitted to the responsible governmental unit shall identify or include as an appendix 
12.22 	all studies and other sources of information used to substantiate the analysis contained 
12.23 	in the draft environmental impact statement. The responsible governmental unit shall 
12.24 	require additional studies, if needed, and obtain from the project proposer all additional 
12.25 	studies and information necessary for the responsible governmental unit to perform its 
12.26 	responsibility to review, modify, and determine the completeness and adequacy of the 
12.27 	environmental impact statement.

12.28 	Sec. 8. Minnesota Statutes 2010, section 116D.04, subdivision 3a, is amended to read:
12.29 		Subd. 3a.Final decisions. Within 9030 days after final approval of an 
12.30 	environmental impact statement, final decisions shall be made by the appropriate 
12.31 	governmental units on those permits which were identified as required and for which 
12.32 	information was developed concurrently with the preparation of the environmental impact 
12.33 	statement. Provided, however, that the 90-day 30-day period may be extended where a 
12.34 	longer period is required by federal law or state statute or is consented to by the permit 
12.35 	applicant. The permit decision shall include the reasons for the decision, including 
13.1 	any conditions under which the permit is issued, together with a final order granting or 
13.2 	denying the permit.

13.3 	Sec. 9. Minnesota Statutes 2010, section 116D.04, subdivision 10, is amended to read:
13.4 		Subd. 10.Review. Decisions on the need for an environmental assessment 
13.5 	worksheet, the need for an environmental impact statement, and the adequacy of an 
13.6 	environmental impact statement may be reviewed by a declaratory judgment action in 
13.7 	the district court of the county wherein the proposed action, or any part thereof, would 
13.8 	be undertaken the Court of Appeals. Judicial review under this section shall be initiated 
13.9 	within 30 days after the governmental unit makes the decision, and a bond may be 
13.10 	required under section 562.02 unless at the time of hearing on the application for the bond 
13.11 	the plaintiff has shown that the claim has sufficient possibility of success on the merits to 
13.12 	sustain the burden required for the issuance of a temporary restraining order. Nothing in 
13.13 	this section shall be construed to alter the requirements for a temporary restraining order 
13.14 	or a preliminary injunction pursuant to the Minnesota Rules of Civil Procedure for district 
13.15 	courts. The board may initiate judicial review of decisions referred to herein and may 
13.16 	intervene as of right in any proceeding brought under this subdivision.

13.17 	Sec. 10. Minnesota Statutes 2010, section 116D.045, subdivision 1, is amended to read:
13.18 		Subdivision 1.Assessment. The board shall by rule adopt procedures to assess 
13.19 	the proposer of a specific action for reasonable costs of preparing, reviewing, and 
13.20 	distributing anthe environmental impact statement on that action required pursuant to 
13.21 	section 116D.04. Such The costs shall be determined by the responsible governmental 
13.22 	unit pursuant to the rules promulgated by the board.

13.23 	Sec. 11. Minnesota Statutes 2010, section 116D.045, subdivision 3, is amended to read:
13.24 		Subd. 3.Use of assessment. As necessary, the responsible governmental unit shall 
13.25 	assess the project proposer for reasonable costs that the responsible governmental unit 
13.26 	incurs in preparing, reviewing, and distributing the environmental impact statement and 
13.27 	the proposer shall pay the assessed cost to the responsible governmental unit. Money 
13.28 	received under this subdivision by a responsible governmental unit may be retained by the 
13.29 	unit for the same purposes. Money received by a state agency must be credited to a special 
13.30 	account and is appropriated to the agency to cover the assessed costs incurred.

13.31 	Sec. 12. RULE AMENDMENT.
 14.1 	The commissioner of the Pollution Control Agency, the commissioner of natural 
14.2 	resources, and the Environmental Quality Board, must amend rules necessary to conform 
14.3 	to this act. The commissioners and the board may use the good cause exemption under 
14.4 	Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes, 
14.5 	section 14.386, does not apply, except as provided in Minnesota Statutes, section 14.388.

14.6 	Sec. 13. EFFECTIVE DATE.
 14.7 	This article is effective the day following final enactment.

14.8 	ARTICLE 2
14.9 	TMDL ALTERNATIVES

14.10 	Section 1. Minnesota Statutes 2010, section 114D.15, subdivision 10, is amended to 
14.11 	read:
14.12 		Subd. 10.Total maximum daily load or TMDL. "Total maximum daily load" or 
14.13 	"TMDL" means a scientific study that contains a calculation of the maximum amount of a 
14.14 	pollutant that may be introduced into a surface water and still ensure that applicable 
14.15 	water quality standards for that water are restored and maintained. A TMDL also is 
14.16 	the sum of the pollutant load allocations for all sources of the pollutant, including a 
14.17 	wasteload allocation for point sources, a load allocation for nonpoint sources and natural 
14.18 	background, an allocation for future growth of point and nonpoint sources, and a margin 
14.19 	of safety to account for uncertainty about the relationship between pollutant loads and 
14.20 	the quality of the receiving surface water. "Natural background" means characteristics of 
14.21 	the water body resulting from the multiplicity of factors in nature, including climate and 
14.22 	ecosystem dynamics, that affect the physical, chemical, or biological conditions in a water 
14.23 	body, but does not include measurable and distinguishable pollution that is attributable 
14.24 	to human activity or influence. A TMDL must take into account seasonal variations.
14.25 	TMDL includes TMDL alternatives.

14.26 	Sec. 2. Minnesota Statutes 2010, section 114D.15, is amended by adding a subdivision 
14.27 	to read:
14.28 		Subd. 10a.TMDL alternatives. "TMDL alternatives" means analysis and plans 
14.29 	that address water pollution control requirements expected to result in the attainment of an 
14.30 	applicable water quality standard in a reasonable period of time as described in the United 
14.31 	States Environmental Protection Agency's Integrated Reporting Guidance for sections 
14.32 	303(d), 305(b), and 314 of the federal Clean Water Act, United States Code, title 33, 
14.33 	sections 1313(d), 1315(b), and 1324, and associated regulations and guidelines. TMDL 
15.1 	alternatives shall be utilized when a TMDL is not needed because other pollution control 
15.2 	requirements required by a local, state, or federal authority are sufficient to implement 
15.3 	applicable water quality standards within a reasonable period of time. These alternatives 
15.4 	to TMDL's include Category 4b waters that are not required to be included on the section 
15.5 	303(d) list. TMDL alternatives may be included in a watershed management plan or local 
15.6 	water management plan that is developed or amended, adopted, and approved according 
15.7 	to chapter 103B or 103D.

15.8 	Sec. 3. Minnesota Statutes 2010, section 114D.15, subdivision 11, is amended to read:
15.9 		Subd. 11.TMDL implementation plan. "TMDL implementation plan" means a 
15.10 	document detailing restoration activities needed to meet the approved TMDL's pollutant 
15.11 	load allocations for point and nonpoint sources. Applicable portions of watershed 
15.12 	management plans or local water management plans that are developed or amended, 
15.13 	adopted, and approved according to chapter 103B or 103D shall be considered TMDL 
15.14 	implementation plans if: (1) that purpose is stated as an objective when the plan 
15.15 	is developed or amended, adopted, and approved; and (2) the Board of Water and 
15.16 	Soil Resources has reviewed and approved the TMDL implementation plan based on 
15.17 	procedures under chapter 103B or 103D.

15.18 	Sec. 4. Minnesota Statutes 2010, section 114D.20, subdivision 2, is amended to read:
15.19 		Subd. 2.Goals for implementation. The following goals must guide the 
15.20 	implementation of this chapter:
15.21 	(1) to identify impaired waters in accordance with federal TMDL requirements or 
15.22 	TMDL alternatives within ten years after the effective date of this section and thereafter to 
15.23 	ensure continuing evaluation of surface waters for impairments;
15.24 	(2) to submit TMDL's to the United States Environmental Protection Agency for all 
15.25 	impaired waters in a timely manner in accordance with federal TMDL requirements or 
15.26 	TMDL alternatives;
15.27 	(3) to set a reasonable time for implementing restoration of each identified impaired 
15.28 	water;
15.29 	(4) to provide assistance and incentives to prevent waters from becoming impaired 
15.30 	and to improve the quality of waters that are listed as impaired but do not have an 
15.31 	approved TMDL addressing the impairment;
15.32 	(5) to promptly seek the delisting of waters from the impaired waters list when those 
15.33 	waters are shown to achieve the designated uses applicable to the waters; and
15.34 	(6) to achieve compliance with federal Clean Water Act requirements in Minnesota.

16.1 	Sec. 5. Minnesota Statutes 2010, section 114D.20, subdivision 4, is amended to read:
16.2 		Subd. 4.Priorities for identifying impaired waters. The Pollution Control 
16.3 	Agency, in accordance with federal TMDL requirements or TMDL alternatives, shall set 
16.4 	priorities for identifying impaired waters, giving consideration to:
16.5 	(1) waters where impairments would pose the greatest potential risk to human or 
16.6 	aquatic health; and
16.7 	(2) waters where data developed through public agency or citizen monitoring or 
16.8 	other means, provides scientific evidence that an impaired condition exists.

16.9 	Sec. 6. Minnesota Statutes 2010, section 114D.25, subdivision 1, is amended to read:
16.10 		Subdivision 1.General duties and authorities. (a) The Pollution Control Agency, 
16.11 	in accordance with federal TMDL requirements or TMDL alternatives, shall:
16.12 	(1) identify impaired waters and propose a list of the waters for review and approval 
16.13 	by the United States Environmental Protection Agency;
16.14 	(2) evaluate watershed management plans or local water management plans that are 
16.15 	developed or amended, adopted, and approved according to chapter 103B or 103D to 
16.16 	determine whether a plan constitutes either a TMDL or a TMDL alternative;
16.17 	(3) develop and or approve TMDL's for listed impaired waters, using current 
16.18 	scientific models, methods, and approaches, and submit the approved TMDL's to the 
16.19 	United State Environmental Protection Agency for final approval; and
16.20 	(3) (4) propose to delist waters from the Environmental Protection Agency impaired 
16.21 	waters list.
16.22 	(b) A TMDL must include a statement of the facts and scientific data supporting the 
16.23 	TMDL and a list of potential implementation options, including:
16.24 	(1) a range of estimates of the cost of implementation of the TMDL; and
16.25 	(2) for point sources, the individual wasteload data and the estimated cost of 
16.26 	compliance addressed by the TMDL.
16.27 	(c) The implementation information need not be sent to the United States 
16.28 	Environmental Protection Agency for review and approval.

16.29 	Sec. 7. Minnesota Statutes 2010, section 114D.35, subdivision 1, is amended to read:
16.30 		Subdivision 1.Public and stakeholder participation. Public agencies and private 
16.31 	entities involved in the implementation of this chapter shall encourage participation by the 
16.32 	public and stakeholders, including local citizens, landowners and managers, and public 
16.33 	and private organizations, in the identification of impaired waters, in developing TMDL's, 
16.34 	and in planning, priority setting, and implementing restoration of impaired waters. In 
17.1 	particular, the Pollution Control Agency shall make reasonable efforts to provide timely 
17.2 	information to the public and to stakeholders about impaired waters that have been 
17.3 	identified by the agency. The agency shall seek broad and early public and stakeholder 
17.4 	participation in scoping the activities necessary to develop a TMDL, including the current 
17.5 	scientific models, methods, and approaches to be used in TMDL development, and to 
17.6 	implement restoration pursuant to section 114D.15, subdivision 7.

17.7 	Sec. 8. Minnesota Statutes 2010, section 114D.35, subdivision 2, is amended to read:
17.8 		Subd. 2.Expert scientific advice. The Clean Water Council and public agencies 
17.9 	and private entities shall make use of available public and private expertise from 
17.10 	educational, research, and technical organizations, including the University of Minnesota 
17.11 	and other higher education institutions, to provide appropriate independent expert advice 
17.12 	on current scientific models, methods, and approaches used in identifying impaired waters, 
17.13 	developing TMDL's, and implementing prevention and restoration.