A comment period was open from April 30 to August 22, 2018. The comment period was conducted by an Administrative Law Judge and all comments were submitted to the Office of Administrative Hearings (OAH). During this time five public hearings were held around the state. Over 3,000 comments were submitted during the comment period. There were 92 written comments, 40 people testified at five rule hearings and over 2,900 form letters submitted to OAH. There were an additional six comments submitted during the rebuttal period.
Comments submitted during the comment period can be viewed on OAH's rulemaking website.
Comments submitted during the rebuttal period can also be viewed on the OAH's rulemaking website.
The next step in the rulemaking process is for all materials submitted during the comment period, including the rule, SONAR and all written and oral comments, to be reviewed by the Administrative Law Judge (ALJ). The ALJ will then provide a report recommending the approval, disproval, or approval of the rule with changes. The MDA expects to receive the report from the ALJ by the end of September, 2018.
Proposed rule documents
- Groundwater Protection Rule (PDF)*
- Statement of Need and Reasonableness (SONAR) (PDF)*
- Notice of Hearing (PDF)
- SONAR Appendixes (PDF)
- Proposed Rule Changes Summary and Supplemental Text to the SONAR (PDF)
- MDA's Rebuttal Response to Comments
*A number of web addresses in the SONAR and rule have recently changed. Please view the Updated Links (PDF) to access the references listed.
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 MDA made changes to the June 2017 draft of the rule as a result of public feedback. A copy of the proposed Groundwater Protection Rule and the Statement of Need and Reasonableness is available by clicking on the first links above.
- Vulnerable groundwater areas map
- Groundwater Protection Rule fact sheet (PDF)
- MDH nitrate and methemoglobinemia fact sheet
- Frequently asked questions (FAQs)
- Fertilizer as a source of nitrate in groundwater
- Timeline and next steps
- Nitrogen Fertilizer Management Plan, March 2015 (PDF)
- Nitrogen fertilizer best management practices (BMPs)
- Groundwater Protection Rule presentation (PDF)
- Informational meetings about the Groundwater Protection Rule
What has changed from the Summer 2017 draft to the Proposed Rule?
|June 2017||April 2018|
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.|
|Eligibility Criterion||Applied to both townships and DWSMAs||Applies to DWSMAs|
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