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SF-OOOD6-05(4/86) DEPARTMENT : POLLUTION CONTROL AGENCY STATE OF MINNESOTA five ~ ®ra.n u DATE : September 27, 2000 TO : Karen Studders Commissioner FROM : Michael Sandusky _ ~~ 7/~ Division Director Environmental Outcomes Division PHONE : 296-7331 SUBJECT : Near-Term Process and Decision Points Re FY2000 TMDL (303(d) List This memorandum is intended to clarify the near-term process and decision points regarding the MPCA's process and schedule for deciding whether, or not, to submit to EPA, Region V, for approval, a revised Total Daily Maximum Load (TMDL) List (List) of impaired waters. It is understood that while EPA is not requiring the submittal of a revised List until 2002, the MPCA has communicated to stakeholders the desire to submit a revised List for approval this year. We believe the 1998 TMDL list is incomplete and does not provide a comprehensive picture of the unpaired waters of the State and the causes of impairment. The 1998 list does not include any lakes for eutrophication impairments although the state has in excess of 10,000 lakes and we know that many of the lakes are impacted from nutrient loading. Listing the lakes would provide us the flexibility to use TMDL funding for restoration of all the impaired uses when and where appropriate. Based upon presentations and discussions at the July and August 2000 MPCA Board meetings, and internal discussions related to process and decision points, the MPCA commits to the following process and notification elements: 1. The MPCA has committed to complete a Record of Decision (Record) for the Commissioner's consideration by the end of October. 2. The Connnissioner has committed to discuss the Record and the issue with Agency Board members upon completion of the Record. 3. Agency process and notification regarding the following scenarios: A. The Commissioner signs the Record as a result of the decision to submit the TMDL List to EPA for approval. The MPCA will notify all stakeholders and provide a 30-day window to protect the opportunity for injunctive relief. B. If the decision regarding the Record becomes a MPCA Board decision, all stakeholders will be notified through the regular Board process, invited to comment and the normal 30-day response period is in effect. C. If the decision, through either process (A or B above), is to initiate rulemaking or other revision efforts regarding the methodology used by the MPCA to create and revise the List, all stakeholders will be notified of the decision, process and proposed timelines for rulemaking or other revision efforts. TDD (for hearing and speech impaired only): (612)282-5332 Printed on recycled paper co~rtaining at least 10% frbers from paper rec}~cled Gy cor~swners