The Minnesota Department of Agriculture (MDA) released the proposed Groundwater Protection Rule – previously referred to as the Nitrogen Fertilizer Rule – on April 24, 2018. The Groundwater Protection Rule was formally published in the Minnesota State Register on April 30^th, followed by an 80-day comment period.

The proposed Groundwater Protection Rule, the statement of need and reasonableness, appendixes for the statement of need and reasonableness and the notice of public hearings are listed on the MDA website here. 

Next Steps
There are several opportunities for farmers to be engaged and participate in this process.

MDA has scheduled a series of public informational meetings throughout the state during May and June to present information about the proposed Groundwater Protection Rule and the rulemaking process. The public is invited to attend these meetings.

It is important to note that these meetings are informational only; they are not part of the official rulemaking process.

• Thief River Falls: Wednesday, May 30 from 8:00 a.m. – 9:30 a.m. at Northland Community and Technical College
• Fergus Falls: Wednesday, May 30 from 7:00 p.m. – 8:30 p.m. at Minnesota State College Fergus Falls
• Little Falls: Thursday, May 31 from 8:00 a.m. – 9:30 a.m. at Initiative Foundation
• Red Wing: Tuesday, June 5 from 7:00 p.m. – 8:30 p.m. at Minnesota State College Southeast
• Kasson: Wednesday, June 6 from 7:00 p.m. – 8:30 p.m. at Kasson-Mantorville High School
• Pipestone: Monday, June 18 from 7:00 p.m. – 8:30 p.m. at Minnesota West Community and Technical College
• Hutchinson: Tuesday, June 19 from 8:00 a.m. – 9:30 a.m. at Ridgewater College
• St. Paul: Thursday, June 28 from 8:00 a.m. – 9:30 a.m. at Orville L. Freeman Building

The process to submit formal comments and testimony that will become part of the rulemaking record is a separate process from the informational meetings. The Office of Administrative Hearings will be holding public hearings throughout Minnesota in July. Testimony will be taken at these hearings before the Administrative Law Judge. Farmers can also submit written comments during the public comment period.

It is vital for Minnesota agriculture that MCGA and corn farmers provide comment to ensure the rule accomplishes its goal of protecting water while making sense in implementation. MCGA has been involved with the development of the rule and will continue to advocate for, and address the concerns of, corn farmers.

Currently, MCGA and its grower leaders are carefully reviewing the nearly 400 pages of the rule and the technical supporting documents. MCGA will submit detailed comments on the rule, which will be available at mncorn.org. Those comments will focus on several areas needing additional clarification, including, but not limited to:

• Process and requirements on the verification of Best Management Practice (BMP) adoption.
• Methods and establishment of monitoring including both groundwater monitoring network and use of residual soil nitrate tests.
• How the regulatory enforcement levels change for cropland acres located within the Drinking Water Supply Management Areas (DWSMAs).
• Details regarding Alternative Management Tools including how they will be identified and used to satisfy the BMP requirements.

Farmers are strongly encouraged to visit mncorn.org/nitrogenrule for the latest news on the rule, additional details on how to engage in the process, FAQ’s, the draft vulnerable groundwater area maps, and more.