SF 2086

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/25/2025 09:58 a.m.

A bill for an act
relating to environment; facilitating approval of site-specific modifications to
sulfate water quality standards during pendency of related rulemaking; proposing
coding for new law in Minnesota Statutes, chapter 115.

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

Section 1.

new text begin [115.446] SITE-SPECIFIC WATER QUALITY STANDARDS FOR
SULFATE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (b) "2017 statement of need and reasonableness" means the Pollution Control Agency's
statement of need and reasonableness, Amendment of the sulfate water quality standard
applicable to wild rice and identification of wild rice waters, Minnesota Rules, chapters
7050 and 7053 (July 2017).
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new text begin (c) "Affected permittee" means a holder of or applicant for a national pollutant discharge
elimination system (NPDES) permit or state disposal system (SDS) permit from the Pollution
Control Agency who discharges or proposes to discharge sulfate to a covered water that is
the subject of a pending application for a site-specific sulfate standard.
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new text begin (d) "Commissioner" means the commissioner of the Pollution Control Agency.
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new text begin (e) "Covered water" means waters of the state:
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new text begin (1) included in the 2017 statement of need and reasonableness, Attachment 2, compiled
list of proposed wild rice waters; or
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new text begin (2) identified as a wild rice water ([WR]) in Minnesota Rules, part 7050.0470, subpart
1.
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new text begin (f) "Site-specific sulfate standard" means a site-specific modification, according to
Minnesota Rules, part 7050.0220, subpart 7, of the 10 mg/L class 4A water quality standard
for sulfates (SO₄) under Minnesota Rules, part 7050.0224, subpart 2.
new text end

new text begin Subd. 2. new text end

new text begin Application completeness. new text end

new text begin Upon receiving an application for a site-specific
sulfate standard for a covered water, the commissioner must deem the application complete
if the application includes:
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new text begin (1) sufficient background information, including:
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new text begin (i) details sufficient to identify the waters of the state or portion thereof for which a
site-specific sulfate standard is sought, including the water identification number used by
the commissioner for the covered water, the covered water's commonly used name, and the
covered water's township, range, and section description;
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new text begin (ii) the name, address, and telephone number of the person who prepared the application;
and
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new text begin (iii) a topographic map, or other map if a topographic map is unavailable, that shows
the covered water and the area surrounding the covered water for a distance of at least one
mile in all directions of the covered water;
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new text begin (2) a proposed site-specific sulfate standard for the covered water calculated on the basis
of reliable site-specific data using either:
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new text begin (i) the equation proposed by the commissioner in the 2017 statement of need and
reasonableness as Minnesota Rules, part 7050.0224, subpart 5, item B, subitem (1); or
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new text begin (ii) the alternate approach proposed in the 2017 statement of need and reasonableness
as Minnesota Rules, part 7050.0224, subpart 5, item B, subitem (2); and
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new text begin (3) monitoring data for the covered water that:
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new text begin (i) includes, for three of the last five calendar years preceding the application date:
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new text begin (A) semiannual water quality sampling results for average sulfate concentration and
average water depth in the covered water; and
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new text begin (B) annual wild rice surveys that include data regarding the stand area, stalk density,
and stem height of any naturally occurring wild rice in the covered water; and
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new text begin (ii) demonstrates that the presence of wild rice when average sulfate concentrations in
the covered water are at or below the proposed site-specific sulfate standard is not diminished
from documented, historical wild rice presence. Any evaluation of naturally occurring wild
rice in the covered water may account for external factors that influence wild rice growth,
including but not limited to water depth, invasive species, wildlife predation, and weather
events. If current sulfate levels are below the proposed site-specific sulfate standard, the
permittee must agree to continue periodic monitoring of wild rice abundance.
new text end

new text begin Subd. 3. new text end

new text begin Treatment of affected permittees. new text end

new text begin (a) Upon receipt of a complete application
for a site-specific sulfate standard, the commissioner, to the extent allowable under federal
law, must:
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new text begin (1) not deny the application unless and until the commissioner has completed the
rulemaking described in Laws 2015, First Special Session chapter 4, article 4, section 136,
paragraph (a); and
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new text begin (2) exercise the commissioner's authority under federal and state laws and regulations
to ensure, to the fullest extent possible, that no affected permittee is required to expend
money to design and implement sulfate treatment technologies with respect to discharges
to the covered water addressed in the application.
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new text begin (b) Nothing in this section prevents the commissioner from including in a schedule of
compliance for any affected permittee a requirement:
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new text begin (1) to monitor sulfate concentrations in discharges to the covered water addressed in the
application; and
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new text begin (2) if sulfate concentrations in discharges exceed the limit established by the site-specific
sulfate standard, to implement a sulfate minimization plan to avoid or minimize sulfate
concentrations during periods when wild rice in the covered water may be susceptible to
damage.
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new text begin Subd. 4. new text end

new text begin Timeline for commissioner determination. new text end

new text begin The commissioner must make a
final determination on an application for a site-specific sulfate standard by the later of:
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new text begin (1) 150 days after the commissioner receives a complete application for a site-specific
sulfate standard; or
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new text begin (2) 150 days after publication in the State Register of the notice of adoption for the rule
described in Laws 2015, First Special Session chapter 4, article 4, section 136, paragraph
(a).
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new text begin Subd. 5. new text end

new text begin Completing rulemaking. new text end

new text begin (a) By January 15, 2027, the commissioner must
complete the rulemaking described in Laws 2015, First Special Session chapter 4, article
4, section 136, paragraph (a), according to the rulemaking procedures under chapter 14.
new text end

new text begin (b) Unless and until the commissioner completes the rulemaking described in paragraph
(a), the commissioner must not deem any waters of the state to be designated as "water used
for the production of wild rice" under Minnesota Rules, part 7050.0224, subpart 2, on the
basis of natural beds of wild rice.
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