SF 839

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/30/2021 10:12am

A bill for an act
relating to environment; requiring rulemaking to make whole effluent toxicity
requirements for dischargers of effluent consistent statewide.

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

Section 1. new text begin WHOLE EFFLUENT TOXICITY RULEMAKING.
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new text begin (a) By January 31, 2022, the commissioner of the Pollution Control Agency must adopt
rules on:
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new text begin (1) evaluating and applying whole effluent toxicity (WET) as water-quality-based effluent
limitations and permit conditions for discharges occurring outside the Lake Superior basin;
and
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new text begin (2) the applicability and standards for acute and chronic mixing zones.
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new text begin (b) Rules adopted under this section must be substantially identical to Minnesota Rules,
parts 7052.0210, subparts 1 and 2, and 7052.0240, so that, to the greatest extent possible,
dischargers in all parts of the state are subject to the same mixing zones requirements and
acute and chronic WET requirements for establishing permit conditions.
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Sec. 2. new text begin INTERIM PROVISIONS.
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new text begin (a) From the effective date of this act until the rules under section 1 are adopted, to the
extent allowable under the federal Clean Water Act or other federal laws, this section applies
to discharges occurring outside the Lake Superior basin.
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new text begin (b) If a whole effluent toxicity test, as defined under Minnesota Rules, part 7050.0218,
subpart 3, item AAA, is performed on the effluent of a point source discharger and results
in less than 50 percent mortality of the test organisms or if a demonstration is provided
under Minnesota Rules, part 7052.0210, subpart 1, that 0.3 acute toxic units can be met at
the edge of an approved acute mixing zone, the effluent must not be considered acutely
toxic or lethal to aquatic organisms unless the commissioner of the Pollution Control Agency
finds that the test species do not represent sensitive organisms in the affected surface water
body or the whole effluent toxicity test was performed on a sample not representative of
the effluent quality.
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new text begin (c) The commissioner of the Pollution Control Agency must establish whole effluent
toxicity mixing zones and whole effluent toxicity water-quality-based effluent limitations
and permit conditions according to Minnesota Rules, parts 7052.0210, subparts 1 and 2,
and 7052.0240.
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new text begin (d) The antibacksliding provisions of Minnesota Rules, part 7001.1080, subpart 9, do
not apply to new or revised permit conditions established under paragraph (c).
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Sec. 3. new text begin EFFECTIVE DATE.
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new text begin Sections 1 and 2 are effective the day following final enactment.
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