Since MESERB and other city groups petitioned for clarification of the state’s Phosphorus Rule in 2003, the MPCA has issued several unofficial working drafts that have raised substantial concerns for the regulated community.  In December 2006, MESERB joined with the Coalition of Greater Minnesota Cities and the League of Minnesota Cities to prepare a white paper analyzing the scientific and legal foundations of the draft amendments to the Phosphorus Rule, and identifying cities’ concerns.  The MPCA issued its report to the Legislature on the Phosphorus Rule in March 2007, and the white paper was updated to include a critique of the MPCA’s report.

The full report (106 pages) is available by clicking here. Please note that there are some pages that were intentionally left blank within the document.

Because of the document's length, it has been divided into the following sections (please click on each link to view the .pdf version):

Cover page, table of contents, and I.  Executive Summary  - 6 pages

II.  Rationale for White Paper  - 2 pages

III.  Factual Background - 10 pages
a. History of Phosphorus Rule    
b. History of Phosphorus Strategy
c. 2003 Phosphorus Rule petition; detention time and temperature issues
d. Minn. Laws 2003, Ch. 128, Art. 1, § 156; water quality requirements
e. Minn. Laws 2006, Ch. 251, § 16 (Phosphorus Rule moratorium and report) 
f. Summary of arguments raised in correspondence between MESERB and MPCA
MESERB Argument #1
MPCA Response
MESERB Reply
MESERB Argument #2
MPCA Response
MESERB Reply
MESERB Argument #3
MPCA Response
MESERB Reply  

IV.  Legal Analysis - 6 pages
a. Clean Water Act and EPA statute/case law/guidance on phosphorus regulation
b. Applicable Federal guidance on phosphorus regulation
c. MPCA legal basis for phosphorus regulation
d. Inconsistency of new universal 1 mg/L phosphorus effluent standard with the current Phosphorus Rule
e. Summary of approaches used by other state pollution control authorities

 V.  Public Policy Concerns - 4 pages

VI.  Critique of MPCA’s Phosphorus Rule: Report to the Legislature - 6 pages
a. The report fails to address the scientific rationale for the proposed statewide milligram per liter phosphorus rule
b. Proposed Phosphorus Rule Off Ramps
Completed TMDL Off Ramp
Environmental Harm Off-Ramp
River System Specific Off-Ramp
c. Benefits of rule will be intangible and expected improvements will go unnoticed

VII.  Conclusions - 2 pages
a. Summary and Critique
b. Proposed Legislative Action

 Appendices  

APPENDIX I - 8 pages
1.  Current Phosphorus Rule—Minn. R. 7050.0211 (2006) 
2.  Proposed Phosphorus Rule—Minn. R. 7055.0255 (Proposed January 1, 2006)

APPENDIX 2 - 36 pages
1.  February 11, 2005 MESERB letter to David Maschwitz, Minnesota Pollution Control Agency, Re: “Amendments to Phosphorus Rule, Minn. R. 7050.0211, subp. 1a” 
2.  May 12, 2005 MPCA letter to MESERB President, Bruce Nelson, Re: “Response to MESERB February 11, 2005 letter, comments on amendments to phosphorus rule” 
3.  June 16, 2005 MESERB letter to Commissioner Sheryl Corrigan, Minnesota Pollution Control Agency, Re: “Critical Concerns Regarding Draft Nutrient Standards and Phosphorus Rule” 
4.  June 29, 2005 MPCA letter to MESERB President, Bruce Nelson, Re: “MESERB’s Concerns Regarding Nutrient Standards and Phosphorus Rule”  

APPENDIX 3 - 2 pages
1.  February 2004, Minnesota House Research report titled “The Continuing Concern Over Phosphorus,” Table from page 4 of the report titled “Selected State Legislation and Phosphorus Reduction Efforts.” http://www.house.leg.state.mn.us/hrd/pubs/phosph.pdf

APPENDIX 4 - 8 pages
Proposed Phosphorus Legislation
a. 2003 Minn. Laws Ch. 128, sec. 156
b. 2006 Minn. Laws Ch. 251, sec. 16
c. 2007 Minn. Laws Ch. 131, sec. 81
d. H.F. 1520 (Dill-Crane Lake), S.F. 1435 (Langseth-Glyndon)

APPENDIX 5 - 4 pages
1.  Phosphorus Rule: Report to the Legislature, February 2007—Report Overview.  Full report available online at http://www.pca.state.mn.us/publications/reports/lrp-gen-5sy-07.pdf