MESERB is taking an active role in stakeholder processes to develop rules to govern water quality trading, and to evaluate Minnesota’s rules regarding non-degradation of waters.

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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.

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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. 

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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.

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