Cities offered certainty on looming nitrogen standard

The Pollution Control Agency clearly heard two messages when it took part in a series of listening sessions around the state last fall – communities are worried about replacing aged wastewater infrastructure and they’re nervous about new environmental regulation that may be coming.

A bill, laid over by the House Environment and Natural Resources Policy and Finance Committee Thursday, attempts to address both these concerns. Because of new water quality standards for phosphorus approved by the federal Environmental Protection Agency last year, a number of cities around the state will have to upgrade their wastewater facilities to qualify the next time they apply for a wastewater permit.

Rep. Dan Fabian

At the same time, research is underway to update wastewater standards for nitrogen, and new regulations for that chemical will likely be coming to Minnesota in the next five to seven years.  

Sponsored by Rep. Dan Fabian (R-Roseau), HF3409 would give cities upgrading wastewater treatment facilities to meet the phosphorus standard, assurance from the PCA that – provided they also include a biological nutrient removal technology for nitrogen – the nitrogen standard the agency sets for them now will not be changed during the life of the new facility, or up to 20 years.

“This is a unique time, because of the new phosphorus limit, many cities are going to have to build,” said PCA Legislative Director Greta Gauthier. “So, we’re thinking, if you’re going to build for that – it costs to build more for nitrogen – but it’s going to be cheaper than trying to build for nitrogen five or 10 years down the road.”

The bill received support from representatives of the Coalition of Greater Minnesota Cities and the Minnesota Chamber of Commerce.

But Rep. Rick Hansen (DFL-South St. Paul) said, while some members of his caucus support the legislation, “others are skeptical.” Hansen said he worries it might create “a magic shield” against regulations protecting water quality.

HF3409 has no Senate companion.