EPA’s Additions to Minnesota’s 2020 Impaired Waters List

SUMMARY:

On November 5, 2021, EPA transmitted to the Minnesota Pollution Control Agency (MPCA) the Final List of 32 waters EPA added to the Minnesota 2020 Clean Water Act (CWA) Section 303(d) Impaired Waters List.

BACKGROUND:

Section 303(d)(2) of the CWA requires each state to identify waters for which existing required pollution controls are insufficient to meet state water quality standards. States are required to develop a list of impaired water bodies requiring TMDL calculations [the Impaired Waters List] and submit the list to EPA for review [see 40 C.F.R.  Section 130.7(d)(1)]. If EPA disapproves any portion of a state’s Impaired Waters List, EPA must identify the impaired waters that should be listed no later than 30 days after the date of such disapproval. After considering public comments and making appropriate revisions, EPA must transmit the final list to the state [see 40 C.F.R.  Section 130.7(d)(2)].

Minnesota submitted its 2020 Impaired Waters List to EPA on February 25, 2021. EPA reviewed the State’s submission and determined that it was inconsistent with the requirements of Section 303(d) of the CWA and EPA’s implementing regulations. Therefore, on March 26, 2021, EPA partially approved and partially disapproved Minnesota’s 2020 Clean Water Act Section 303(d) List of impaired waters. In its 2020 submittal, Minnesota stated that it would have listed certain waters subject to the State’s wild rice beneficial use that are impaired for sulfate but that it considered itself barred from doing so by a Minnesota law. Following our review, EPA approved the list of water quality limited segments (WQLSs) submitted by Minnesota, and EPA disapproved Minnesota’s decision to exclude WQLSs impaired due to sulfate because, in doing so, Minnesota failed to consider existing and readily available data that showed the waters to be impaired. On April 27, 2021, EPA added 30 waters to Minnesota’s 2020 Impaired Waters List and initiated a 30-day public comment period, which EPA then extended an additional 30 days.  On September 1, 2021, EPA added 3 waters to Minnesota’s 2020 Impaired Waters List and initiated a 30-day public comment period.

EPA’s evaluation of the existing and readily available data and information indicates sulfate impairments of the WQLSs identified in Attachment 1: Waters Added by EPA to the Minnesota 2020 303(d) List and that these WQLSs meet the federal requirements for listing under Section 303(d).

EPA held two public notices seeking comment on the identification of the WQLSs EPA added to  Minnesota’s 2020 303(d) List. EPA received numerous comments during a 60-day public comment period (April 29, 2021 to June 30, 2021) and a 30-day public comment period (September 1, 2021 to October 1, 2021). EPA provided responses to those comments in Attachment 2: EPA Additions to Minnesota’s 2020 Impaired Waters List – Response to Public Comments. EPA also responded to topics raised in tribal consultation discussions and communications in Attachment 3: Response to Comments Raised During Consultation on EPA’s Review of the Minnesota 2020 CWA 303(d) List.

On November 5, 2020, EPA transmitted the final list of WQLSs which EPA added to the Minnesota Impaired Waters List to Minnesota.

Documents related to EPA’s November 5, 2021 action:

EPA has completed solicitation of public comments on the additions to the Minnesota 2020 Impaired Waters List and is not seeking comment at this time. The link to EPA’s Public Notice of EPA’s Additions to Minnesota’s 2020 Impaired Waters List is here. 

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Last updated on March 31, 2024