Groundwater Protection Rule (PDF: 328 KB / 26 pages)
Statement of Need and Reasonableness (SONAR) (PDF: 3.18 MB / 164 pages)
Notice of Hearing (PDF: 85 KB / 3 pages)
SONAR Appendixes (PDF: 15.73 MB / 208 pages)
The Minnesota Department of Agriculture (MDA) has released the proposed Groundwater Protection Rule. The purpose of the rule is to minimize potential fertilizer sources of nitrate pollution to the state’s groundwater and protect our drinking water. This proposed rule reflects a revision of the draft Nitrogen Fertilizer Rule that was released in June 2017. The following content outlines the proposed rule and the changes the MDA made as a result of public feedback.
Information about the proposed Groundwater Protection Rule
- Groundwater Protection Rule Factsheet (PDF: 117 KB / 4 pages)
- Frequently asked questions (FAQs)
- Vulnerable groundwater areas map
- Fertilizer as a source of nitrate in groundwater
- Timeline and next steps
- Nitrogen Fertilizer Management Plan, March 2015 (PDF: 3.35 MB / 143 pages)
- Nitrogen fertilizer best management practices (BMPs)
- Groundwater Protection Rule Presentation (PDF: 587 KB / 23 pages)
How do I participate in the rulemaking process?
In order to comment on the proposed rule you must do one or both of the items below:
- The comment period for the proposed Groundwater Protection Rule begins on April 30, 2018 and will be open until July 26, 2018. All comments must be submitted in writing and must be submitted via the Office of Administrative Hearings (OAH) website. The link to the (OAH) website will be made available on April 30, 2018 when the comment period begins. THE MDA WILL NOT ACCEPT OR FORWARD WRITTEN COMMENTS ON THE PROPOSED RULE.
- Attend one of the five public hearings around the state and provide testimony before the Administrative Law Judge:
| Location | Date | Time |
|---|---|---|
| Robert Boeckman Middle School 800 Denmark Avenue Farmington, MN 55024 |
Monday, July 16, 2018 | 1:00 – 6:00 PM |
| Stewartville Civic Center 105 First Street East Stewartville, MN 55976 |
Wednesday, July 18,2018 | 10:00 AM – 4:00 PM |
| Minnesota West Community and Technical College 1450 College Way Worthington, MN 56187 |
Thursday, July 19,2018 | 10:00 AM – 4:00 PM |
| Apollo High School Auditorium 1000 44th Avenue North St. Cloud, MN 56303 |
Wednesday, July 25, 2018 | 10:00 AM – 4:00 PM |
| American Legion 900 First Street East Park Rapids, MN 5670 |
Thursday, July 26, 2018 | 9:00 AM – 3:00 PM |
What has changed from the Summer 2017 draft to the current proposal?
| June 2017 | April 2018 | ||
|---|---|---|---|
| Part 1 Statewide Restrictions on Nitrogen Fertilizer Application in the Fall and on Frozen Soil |
Vulnerable Groundwater Area Definition | Areas with vulnerable groundwater were defined using a method that measured how water moved through a 5 foot soil profile (Ksat) and karst geology | Areas with vulnerable groundwater defined based on USDA NRCS soil maps and karst geology |
| Field Determination Criterion | Used full sections of land to determine if Part 1 of the rule applied to individual fields | Uses quarter-sections of land to determine if Part 1 of the rule applies to individual fields | |
| County-level exclusions | Provided no county-level exclusions | Excludes counties based on their low risk for nitrate contamination in groundwater due to climate and minimal row crops | |
| Part 2 Mitigation Efforts |
Eligibility Criterion | Applied to both townships and DWSMAs | Applies to DWSMAs |
June 2017 Groundwater Protection Rule Draft
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MDA Contact:
Larry Gunderson
Fertilizer Technical Unit Supervisor
Larry.Gunderson@state.mn.us
651-201-6168
Pesticide & Fertilizer Management Division
Source: Minnesota Department of Agriculture