Hearing Exhibits K-1 to K-7 (Wq-Rule4-21M12)
Total Page:16
File Type:pdf, Size:1020Kb
Exhibit K K. Other documents to show compliance with the requirements of applicable laws or rules. wq-rule4-21m12 Exhibit K.1. Minnesota Pollution Control Agency CERTIFICATE OF SENDING THE RULES AND THE STATEMENT OF NEED AND REASONABLENESS TO THE COMMISSIONER OF MINNESOTA DEPARTMENT OF AGRICULTURE Proposed Amendments to Rules of the Minnesota Pollution Control Agency Governing Water Quality Standards – Class 2 and Class 7 Use Designations, Minnesota Rules, Chapter 7050 Waters of the State, Revisor’s ID Number 4561 I certify that on July 25, 2019, at the Minnesota Pollution Control Agency, St. Paul, Minnesota, I: 1) Sent by mail via the State of Minnesota’s Inter-Office mail, a letter addressed to Commissioner Thom Petersen of the Minnesota Department of Agriculture, signed by Laura Bishop, Commissioner of the Minnesota Pollution Control Agency with these enclosures: · The May 9, 2019, Revisor’s draft of the proposed rules. · The signed Statement of Need and Reasonableness (SONAR) dated July 19, 2019. A copy of the letter sent to Commissioner Petersen dated July 18, 2019, is attached to this Certificate. 2) Sent notification via email to Commissioner Petersen, and to the persons listed as “cc” on the above referenced letter to Commissioner Petersen, with a copy of the letter addressed to Commissioner Petersen, the proposed rules, and the signed SONAR. A copy of the email is attached to this Certificate. ________________________________________________ Mary H. Lynn Rule Coordinator Agency Rules Unit Resource Management & Assistance Division Exhibit K.1. July 18, 2019 Commissioner Thom Petersen Minnesota Department of Agriculture 625 Robert Street North St. Paul, MN 55155 RE: Fiscal Analysis Associated with the Minnesota Pollution Control Agency’s (MPCA) Proposed Amendments to Rules Governing Water Quality Standards – Class 2 and Class 7 Use Designations; Minn. R. ch. 7050; Revisor’s ID Number R-4561 Dear Commissioner Petersen: Minnesota Statutes, section 14.111 requires that before an agency adopts or repeals rules that affect farming operations, the agency must provide a copy of the proposed rule changes to the Commissioner of the Minnesota Department of Agriculture (MDA), no later than 30 days prior to publication of the proposed rule amendments in the State Register, if the rules affect farming operations. The MPCA does not believe these proposed rules will directly affect agricultural land or farming operations. However, because the proposed rules include designated uses for some agricultural ditches and because some of the designated uses are in areas with high agricultural activity, the MPCA is sending you the enclosed proposed rules and supporting Statement of Need and Reasonableness (SONAR). Copies of these same documents have been delivered to the Governor’s Office. When the Governor’s Office has approved the rules for publication, the proposed rules will be published for public comment in the State Register along with a Dual Notice. We are planning to publish the Dual Notice and proposed rules in August, 2019. The overall purpose of the rules is to update use designations for some state waters. The “designated use” is a component of water quality standards that defines how the water is used; standards are then set for levels of pollution that protect that designated use (drinking water, aquatic life, etc.). The designated use is important to establish appropriate goals for each water body’s restoration and protection. The proposed rules updates the list of waters designated for Class 2 uses (Aquatic Life) and Class 7 uses (Limited Resource Value Waters). If you or any of your staff have questions about the proposed rule amendments or the SONAR, please contact Mary H. Lynn at 651-757-2439 or [email protected]. Sincerely, Laura Bishop Commissioner LB/ML:mb Enclosures cc: Andrea Vaubel, MDA Whitney Place, MDA Susan Stokes, MDA Joshua Stamper, MDA Paul Hugunin, MDA Dan Stoddard, MDA Doug Spanier, MDA Exhibit K.1. Lynn, Mary (MPCA) From: Lynn, Mary (MPCA) Sent: Thursday, July 25, 2019 11:36 AM To: [email protected] Cc: Vaubel, Andrea (MDA); Place, Whitney (MDA); Stamper, Joshua (MDA); Hugunin, Paul (MDA); Stoddard, Dan (MDA); Spanier, Doug (MDA) Subject: MPCA Proposed Amendments to Rules Governing WQS - Class 2 and 7 Use Designation Rules Attachments: rd4561-RevisorDraft(3).pdf; wq-rule4-21f.pdf; MDALet_Class2and7Rule7-18-2019.pdf Commissioner Petersen, RE: Fiscal Analysis Associated with the Minnesota Pollution Control Agency’s Proposed Amendments to Rules Governing Water Quality Standards – Class 2 and Class 7 Use Designations; Minn. R. ch. 7050; Revisor’s ID Number R‐4561 Please find attached a copy of the above referenced proposed rules and supporting Statement of Need and Reasonableness. I am also sending to you, via Interoffice mail, a copy of these documents with a cover letter notifying the Minnesota Department of Agriculture of the proposed rules. Copies of these same documents were sent to the Governor’s Office this morning, July 25, 2019. When the Governor’s Office has approved the rules for publication, they will be published for public comment in the State Register. If you have any questions about the proposed rules, please feel free to contact me. Regards, Mary H. Lynn Agency Rule Coordinator Agency Rules Unit Minnesota Pollution Control Agency Phone (651)757‐2439 [email protected] NOTICE: This email (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510‐2521. This email may be confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified than any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply back to the sender that you have received this message in error, then delete it. Thank you. 1 Exhibit K.2. Minnesota Pollution Control Agency CERTIFICATE OF SENDING THE NOTICE AND THE STATEMENT OF NEED AND REASONABLENESS TO LEGISLATORS AND THE LEGISLATIVE COORDINATING COMMISSION Proposed Amendments to Rules of the Minnesota Pollution Control Agency Governing Water Quality Standards – Class 2 and Class 7 Use Designations, Minnesota Rules, Chapter 7050 Waters of the State, Revisor’s ID Number 4561 I certify that on September 20, 2019, when the Minnesota Pollution Control Agency mailed its Dual Notice of Intent to Adopt Rules under Minnesota Statutes, section 14.14, I sent a cover letter, copy of the Dual Notice, the proposed rule amendments, and the Statement of Need and Reasonableness to the chairs and ranking minority party members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules, and to the Legislative Coordinating Commission by sending an electronic copy of these documents via email. (NOTE: electronic notification was sent to Senator Eaton via the Minnesota State Senate online Mail Form; a copy of the cover letter was sent via U.S. mail.) I mailed these documents to comply with Minnesota Statutes, section 14.116. A copy of the email with the attached cover letter sent to the legislators and the Legislative Coordinating Commission is attached to this Certificate. _________________________________ Mary H. Lynn Rule Coordinator Agency Rules Unit Resource Management & Assistance Division Exhibit K.2. Lynn, Mary (MPCA) From: Lynn, Mary (MPCA) Sent: Friday, September 20, 2019 9:02 AM To: '[email protected]'; '[email protected]'; Osmek, Senator David J.; '[email protected]'; '[email protected]'; '[email protected]'; Wagenius, Representative Jean; [email protected]; [email protected]; '[email protected]'; '[email protected]'; [email protected]; '[email protected]'; Henry-Wangensteen, Diane; [email protected] Cc: Sobotka, Suzanne (GOV); Gauthier, Greta (MPCA) Subject: MPCA Proposed Amendments to WQS - Class 2 and 7 Use Designations Attachments: LegLCC-Let_Class2and7Rule9-20-2019.pdf; DualNoticeClass2and7UseChangeRule9-12-2019.pdf; wq-rule4-21f.pdf; rd4561-RevisorDraft(4)Certified.pdf RE: Minnesota Pollution Control Agency’s Proposed Amendments to Rules Governing Water Quality Standards – Class 2 and Class 7 Use Designations; Revisor’s ID No. 4561 Please find attached the cover letter, public notice, proposed rule amendments, and Statement of Need and Reasonableness (SONAR) for the above named proposed rules. Regards, Mary H. Lynn Agency Rule Coordinator Agency Rules Unit Minnesota Pollution Control Agency Phone (651)757‐2439 [email protected] NOTICE: This email (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510‐2521. This email may be confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified than any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply back to the sender that you have received this message in error, then delete it. Thank you. 1 Exhibit K.2. Lynn, Mary (MPCA) From: Lynn, Mary (MPCA) Sent: Friday, September 20, 2019 9:31 AM To: Elspeth Cavert Subject: FW: MPCA Proposed Amendments to WQS - Class 2 and 7 Use Designations Attachments: LegLCC-Let_Class2and7Rule9-20-2019.pdf; DualNoticeClass2and7UseChangeRule9-12-2019.pdf; wq-rule4-21f.pdf; rd4561-RevisorDraft(4)Certified.pdf Mary H. Lynn Agency Rule Coordinator Agency Rules Unit Minnesota Pollution Control Agency Phone (651)757‐2439 [email protected] NOTICE: This email (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510‐2521. This email may be confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified than any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply back to the sender that you have received this message in error, then delete it. Thank you. From: Lynn, Mary (MPCA) Sent: Friday, September 20, 2019 9:02 AM To: '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; Osmek, Senator David J.