2010-2011 – MESERB has continued to monitor the development of statewide rules to govern pollutant trading. Subsequent informal drafts of the rules indicate that many of MESERB’s suggestions are being adopted.

2010-2011 – As a key proponent of point-point phosphorus trading in the Minnesota River Basin, MESERB has continued to monitor implementation of the Lower Minnesota River dissolved oxygen TMDL as the plan moves into Phase II. When a mid-implementation “check” indicated that further phosphorus reductions were needed from point sources, MESERB called on MPCA to utilize a public stakeholder process to vet the science in developing the Phase II general phosphorus permit.

2010-2011 – MESERB met and corresponded with MPCA staff on several occasions regarding proposed changes to the state’s water quality standards. MESERB has supported the use of nutrient-response variable linkages in the development of numeric nutrient standards for rivers and streams, while expressing serious concerns with proposed nitrate toxicity standards. MESERB has also pressured the Environmental Protection Agency (EPA) to stand by MPCA’s approach to nutrient standards.

[spoiler /2009-2010/ /2009-2010/]2009-2010: Although no formal action was taken, MESERB is paying close attention to recent studies of endocrine disrupting compunds (EDCs) being found in surface waters. MESERB has made a point of inviting leading EDC researchers to its meetings to ensure that the membership has the most up-to-date information on this emerging issue.

2010: MESERB submitted technical commentary to the Environmental Protection Agency (EPA), regarding far-reaching concerns with proposed phosphorus and nitrogen standards for Florida rivers and flowing waters. These comments focused on tenuous cause-and-effect relationships and a lack of scientific peer review.

2010: MESERB commented on EPA’s proposed updates to its ammonia criteria guidance. New proposed ammonia criteria are based primarily on one study that evaluated the response of freshwater mussels in “water-only” conditions, and dose-response data were not available for public review.

2010: MESERB joined with other Upper Midwest states to protest the development of a draft arsenic Total Maximum Daily Load (TMDL) by EPA Region VII, applicable to two stretches of the Mississippi River in Iowa. The proposed TMDL would have set an arsenic level below the natural background, effectively shutting down development for communities upstream. Region VII subsequently withdrew the proposed TMDL.

2010: MESERB submitted commentary to the Minnesota Pollution Control Agency (MPCA) in support of site-specific standards for total suspended solids (TSS) and submersed aquatic vegetation (SAV). The proposed standards would apply on the Mississippi River from the Ford Dam through Lock & Dam 4 (Upper Lake Pepin). The MPCA adopted the proposed standards on June 22, 2010.

2009: MESERB continued its dialogue with the Minnesota Department of Health (MDH) regarding new environmental laboratory certification rules. Although more work remains to be done, MESERB was able to obtain several clarifications in MDH’s policies with regard to proficiency testing requirements and staffing directives.

2008-09: MESERB was one of the wastewater treatment groups from several states that pushed the Environmental Protection Agency (EPA) to conduct a peer review of a proposed methodology for the development of nutrient standards for rivers and streams. The proposed “weight of evidence” approach would be based on conditional probability related to organism toxicity, with presumed linkages to nutrient concentrations. MESERB co-sponsored an analysis of the proposed methodology and also sent a copy to the MPCA, which is in the midst of its next triennial water quality standards review. MESERB also forwarded the name of Dr. Patrick Brezonik with the University of Minnesota’s Department of Civil Engineering to participate in the peer review panel.

2008-09: MESERB continued its participation in the stakeholder process informing revisions to the state’s anti-degradation rules. Formal commentary and other activity are planned for 2009-10.

2009: MESERB participated in a stakeholder process soliciting input on the development of Tiered Aquatic Life Uses (TALUs). Although promising, concerns remain about the timing of TALU development and its interaction with Minnesota’s multiple other water quality regulations.

2008-09: MESERB advocated for the rights of not-for-profit laboratories as a participant in the Minnesota Department of Health’s environmental laboratory certification stakeholder process.

2009: Due in part to concerns raised by MESERB about monitoring frequency and arbitrary effluent limits, in March 2009 the MPCA released a new mercury permitting strategy that eased some of these requirements.

2008-09: MESERB completed its representation on the Lake Pepin TMDL’s Science Advisory Panel and participated in the 2009 Lake Pepin TMDL Forum on June 4. In 2009-10, MESERB plans to take action to correct discrepancies in the Lake Pepin water quality model.

2008: MESERB submitted point-by-point technical commentary on preliminary draft rules governing pollutant trading. Some of the points advocated by MESERB included allowing multiple pollutants (besides phosphorus) to be traded; that traders be allowed to access multiple ecological markets to make trading more cost-effective and attractive to new market entrants; and that point sources be allowed to trade without having to comply with otherwise-inapplicable effluent limit regulations. 

MESERB together with organizations in other states collaborated in a response to a petition filed with the EPA by the Natural Resources Defense Council and other environmental groups.  The petition would require, as a part of secondary wastewater treatment standards, compliance with nitrogen and phosphorus limits orders of magnitude below what is required by current law.  MESERB and the other groups responded that this approach is scientifically unfounded and would virtually wipe out several types of wastewater treatment.

MESERB designated a representative to serve on the Minnesota Department of Health’s Environmental Laboratory Certification Committee.  MESERB has advocated for improved communication between the Department and laboratories, user-friendly and accessible Web resources for certification, and fair treatment of small labs at publicly owned treatment works (POTWs).

MESERB participated in the “partners group” that reviewed proposals to implement the statewide mercury TMDL that was approved by the EPA in March 2007.  The stakeholder advisory group developed a strategy for unallocated mercury load to new and expanding POTWs, and MESERB provided input to clarify 1) what monitoring frequencies would be most beneficial, and 2) when mercury effluent limits would or would not be appropriate.

The MPCA has convened a stakeholder process to revise its nondegradation regulations.  MESERB is participating in this process to ensure that antidegradation rules are not overbroad and will not prohibit wastewater treatment improvements that will permit reasonable community growth.

MESERB is participating in a stakeholder process to develop rules governing water quality trading.  MESERB is advocating that point sources have flexibility in trading and not be required to trade where not necessary; that baselines are reasonable and POTWs are not required to meet unfounded reduction targets before trading is allowed; and that nonpoint sources are accountable for their contributions to water quality concerns.  MESERB was also one of two organizations to review and comment on a pre-TMDL phosphorus trading guidance developed by MPCA until rulemaking is completed.

MESERB designated a representative to serve on the Lake Pepin TMDL Science Advisory Panel through 2007 and 2008.  This panel has reviewed and provided input on the watershed modeling prepared by LimnoTech, Inc. on phosphorus and turbidity inputs to the lake.

MESERB questioned MPCA staff at public hearings and submitted comments regarding the MPCA’s triennial water quality standards review.  The primary issues addressed were numeric nutrient standards for lakes, and substantial changes to the state’s phosphorus effluent rule.  MESERB urged MPCA to develop separate standards for deep and shallow lakes, and that the MPCA use a site-specific approach with regard to point source phosphorus limits versus a one-size-fits-all approach for new facilities and expansions.  The MPCA divided its lake standards into deep and shallow lake categories, and inserted three “off-ramps” into its phosphorus rule.

MESERB filed correspondence with the U.S. EPA and the MPCA that helped prompt the EPA’s approval of the statewide mercury TMDL in March 2007.  MESERB also communicated the regulated community’s concerns with the MPCA over an “interim mercury strategy” used to impose mercury effluent limits and stringent monitoring requirements in NPDES permits, absent any showing that the permittee’s mercury discharge was causing a local water quality problem.  As a result, the MPCA made changes to the strategy. 

MESERB prepared a Phosphorus Rule White Paper, analyzing the history and legal foundations of the state’s phosphorus effluent rule and critiquing the MPCA’s February 2007 report to the Legislature on the Phosphorus Rule.

In December 2006, MESERB learned of the MPCA’s implementation of an “interim mercury strategy” to, among other things, require POTWs with reissued permits to meet strict mercury effluent limits - despite the statewide mercury TMDL having shown that POTWs are no more than de minimus contributors to mercury pollution.  MESERB raised objections to this approach in several permits reviewed and met with MPCA staff, and changes were made to the strategy.

In October 2006, MESERB presented an environmental issues seminar, Troubled Waters Ahead: Balancing Environmental Protection with Economic Development, in partnership with the Builders Association of the Twin Cities.  Attendees from municipal and business entities listened to presentations on environmental review, Total Maximum Daily Loads and federal point-source regulation, as well as a panel discussion with representatives from MESERB, the Minnesota Pollution Control Agency and the Minnesota Center for Environmental Advocacy.

In September, MESERB submitted technical commentary on the draft statewide mercury TMDL, raising issues with the mercury reduction targets and the use of very conservative assumptions about fish tissue consumption.  The TMDL was approved by the EPA March 27, 2007 and the development of an implementation plan is currently under way.

In April 2006, MESERB submitted technical commentary on draft pretreatment rules being developed by MPCA.  Although the draft rules are allegedly designed to comply with similar federal regulatory activity, MESERB called state regulators’ attention to requirements going far beyond those of federal pretreatment rules.

In March, MESERB coordinated with the MPCA to bring representatives of HydroQual, Inc. and Dr. David Stensel to present the findings of MESERB’s 2005 Phosphorus Initiative report at the MPCA’s wastewater technical conference in Bloomington.

Throughout 2005 and 2006, MESERB has continued to participate in the Lake Pepin nutrient and turbidity TMDLs’ Science Advisory Panel.  While a Stakeholder Advisory Committee develops the mechanics of the TMDL, the Science Advisory Panel works to develop the TMDL’s scientific foundations.

In November 2005, in partnership with the Coalition of Greater Minnesota Cities, MESERB filed an amicus curiae brief with the Minnesota Supreme Court in the Annandale/Maple Lake case.  MESERB argued that the discharge in question was not properly classified as a “new” discharge under federal law; therefore the incorrect federal point-source regulation had been applied to the facility and the Court of Appeals decision should be reversed.  The Supreme Court reversed the Court of Appeals on May 17, 2007.

In July 2005, MESERB’s members involved with the development of the Minnesota River Basin General Phosphorus Permit submitted comments on the draft permit.  The comments identified issues such as the treatment of pond dischargers, trade association structure, and flow-triggered limits.

Along with the Coalition of Greater Minnesota Cities (CGMC), League of Minnesota Cities (LMC), and Minnesota Association of Small Cities (MAOSC), MESERB petitioned the MPCA to clarify the Phosphorus Rule (Minn. R. 7050.0211, subp. 1a).  The groups also met with the MPCA Commissioner and key MPCA staff, and submitted technical commentary in support of productive amendments to the Rule.

MESERB participated in the “G-16″ Impaired Waters Program Policy Work Group, the core of a three-tiered stakeholder group process designed to flesh out a framework for TMDL structure and development.

MESERB participated in a stakeholder process to shape how the MPCA will address mercury reductions in NPDES permitting, and help develop a compromise approach based on the use of mercury minimization plans (MMP’s).

MESERB participated in the 45-member Advisory Committee for the Lower Minnesota River TMDL for dissolved oxygen.  Based on this TMDL, 12 MESERB members and associates formed the Minnesota River Nutrient Trading Committee to develop a point-point phosphorus trading program in the Basin.

Phase I of MESERB’s Wastewater Phosphorus Control and Reduction Initiative hit the ground running, with 17 facility site tours and review of technical data from all 23 participating facilities.  MESERB also assisted the MPCA with a study of non-ingested phosphorus sources in Minnesota watersheds, the results of which were published in March 2004.

MESERB met with MPCA staff and submitted technical commentary on a number of issues raised in the triennial water quality standards review, including ecoregion-based eutrophication criteria, mercury water column and fish-tissue concentration standards, ammonia criteria, and human health-based standards for bioaccumulative toxics.

MESERB submitted technical commentary to the MPCA objecting to the Agency’s application of non-degradation policies in basin plans that went beyond what is required by law.

MESERB’s Executive Committee met with new MPCA Commissioner Sheryl Corrigan to discuss issues such as the phosphorus effluent rule, MESERB’s Phosphorus Initiative, the TMDL Rule and triennial water quality standards review, and problematic boilerplate language in NPDES permits.  The MPCA agreed to several important changes.

MESERB submitted technical commentary to the MPCA regarding possible amendments to the MPCA’s stormwater regulations.

MESERB worked closely with the Coalition of Greater Minnesota Cities (CGMC) to try to rectify a series of negative amendments to the MPCA’s water quality assessment rules (”TMDL Rule”).  Together, the two groups submitted extensive technical commentary to the ALJ after the June 2002 public hearing.  The CGMC, League of Minnesota Cities and Minnesota Farm Bureau Federation went on to secure legislation requiring the MPCA to make the needed changes.

MESERB submitted technical commentary to the MPCA urging the Agency not to engage in additional rulemaking regarding pretreatment by significant industrial users (SIU’s), where such rulemaking would punish successful municipal pretreatment programs.  The MPCA declined to go through rulemaking.

MESERB secured a $296,000 grant from the Legislative Commission on Minnesota Resources (LCMR) to conduct the Wastewater Phosphorus Control and Reduction Initiative.  The project has three phases:  1) facility site tours and data review; 2) development of a best practices report; and 3) two regional seminars to present the findings.

MESERB participated in stakeholder group discussions on the water quality assessment rules (a/k/a the “TMDL Rule”) and submitted extensive technical commentary during the rulemaking process.  MESERB members successfully petitioned for a public hearing on the proposed TMDL Rule changes before an Administrative Law Judge (ALJ).  MESERB also submitted commentary relative to the 2002 303(d) Impaired Waters List.

MESERB monitored and reported on a number of legislative reports on mercury reduction efforts; MPCA’s funding structure; and water quality permitting and compliance monitoring.

23 MESERB members laid the groundwork for a project called the “Wastewater Phosphorus Control and Reduction Initiative,” designed to evaluate low-cost phosphorus reduction methods for wastewater treatment facilities.  MESERB entered into discussions with HydroQual, Inc. and Professor David Stensel of the University of Washington for technical assistance on the project.

MESERB, along with three other city groups, petitioned the MPCA to engage in rulemaking to clarify how surface waters are assessed and listed on the 303(d) Impaired Waters List.  Lakes and rivers on this List are considered to be “impaired” for one or more pollutants and cannot be de-listed until a TMDL is established to address the impairment. 

MESERB petitioned the MPCA to review the MPCA’s proposal to require low-level mercury monitoring of wastewater effluent, and presented its case to the MPCA Citizens’ Board.

MESERB provided scientific evidence to support needed changes in Minnesota’s water quality standards.

With a grant from the State Board of Government Innovation and Cooperation, MESERB presented six environmental education seminars to over 100 wastewater treatment operators around Minnesota.

Conducted seminars in Rochester, Bemidji, Mankato, St. Cloud, Grand Rapids, and St. Paul that have reached over 100 wastewater operators with the latest state and federal information.

MESERB persuaded the U.S. Environmental Protection Agency to revise its 1999 TMDL proposal on several key points.

MESERB critiqued the U.S. Environmental Protection Agency’s 1998 Ammonia Criteria Update, and convinced the EPA to revise Update criteria in Minnesota’s favor.