The Minnesota
Department of Agriculture (MDA) has released the proposed Groundwater
Protection Rule (GPR), formerly known as the Nitrogen Rule, to the public and announced the rule will be published in
the State Register on April 30, 2018. An 80-day public comment period on the
rule will follow.
The goal of the Groundwater Protection Rule is to work with
local farmers to reduce elevated nitrate levels in groundwater and ensure
Minnesota residents have clean, safe, and reliable drinking water supplies.
Nitrate is one of the most common contaminants in Minnesota's groundwater;
elevated nitrate levels in drinking water can pose serious health concerns for
humans. The proposed rule, which is based on the input of the farmers and
landowners who the rule would apply to, would regulate the use of nitrogen
fertilizer in areas of the state where soils are prone to leaching and where
drinking water supplies are threatened.
“When I traveled the state last summer to hear farmers’
concerns, I promised the Groundwater Protection Rule would have a healthy dose
of common sense. I think we have achieved that,” said Agriculture
Commissioner Dave Frederickson. “I
encourage anyone with interest in the rule to provide their feedback through
the rulemaking process. In an effort to ensure all stakeholders have the
opportunity to have their voices heard, we have extended the traditional 30-day
public comment period by 50 days and will hold an 80-day public comment
period.”
The MDA informally published a draft of the Groundwater
Protection Rule in the summer of 2017, and provided an opportunity for public
comment to help shape the proposed rule. The MDA received more than 820 written
comments regarding the rule, and over 1,000 farmers, landowners and other
Minnesotans attended a total of 17 public meetings in Chatfield, Fairmont,
Farmington, Hawley, Marshall, McIntosh, Roseau, St. Cloud, St. Paul, Wadena,
and Warren. Additional public comments were received in Bemidji, Crookston,
Mankato, Marshall, Rochester, and St. Cloud as part of the Governor’s Water
Town Hall Meetings.
Starting April 30th, public comments on the Groundwater
Protection Rule can be made on the Office of Administrative Hearings website at
www.mn.gov/oah.
Timeline for
Groundwater Protection Rulemaking
The publication of the proposed rule triggers a formal comment
period during which anyone can submit comments on the proposed rule to the
Office of Administrative Hearings.
April
30, 2018 – The State Register publishes the proposed Groundwater
Protection Rule and Statement of Need and Reasonableness.
April 30 – July 26, 2018 – Time period for submitting comments on
the rule to the Office of Administrative Hearings.
May/June 2018 – The Department of
Agriculture holds information sessions on the draft Groundwater Protection Rule
and how to participate in the rulemaking process. (Attendance at an information
session does not count as providing input on the proposed rule; all input must
be submitted to the Office of Administrative Hearings.)
Fall 2018 – The Office of
Administrative Hearings reviews the comments and drafts a report approving,
approving in part, or disapproving the proposed rule.
December 2018 – The Department of
Agriculture submits the final Groundwater Protection Rule to the Governor for
signature.
The Groundwater Protection Rule is part of the state’s
overall Nitrogen Fertilizer Management Plan (NFMP) which was developed with
broad stakeholder input over a five year period and implemented in 2015. More
information on the rule and the NFMP is available at www.mda.state.mn.us/nfr
Posted: April 24, 2018