The Minnesota Pollution Control Agency (MPCA) has recently issued a Request for Comments for Planned Amendments to Rules Governing Animal Feedlots. The MPCA has yet to issue a proposed rule and is soliciting comments from the public to inform forthcoming rulemaking. The public may now submit written comments on the planned amendments until July 22, 2025. A proposed rule is not anticipated to be completed until 2027. The full Request is available in the March 24, 2025 State Register at 49 SR 1086-1090.
Background
Animal feed lots, including concentrated animal feeding operations (CAFOs), are regulated under Chapter 7020 of the Minnesota Rules (the Feedlot Rules or the Rules). The Feedlot Rules detail, among other things, state and federal permitting requirements for feedlots, including CAFOs, that discharge to waters of the State and/or waters of the United States. The Rules further prescribe discharge, design, construction, operation and closure requirements for covered feedlots, manure storage areas, manure composting sites and manure land application activities.
Several considerations have spurred the MPCA’s efforts to revise the Feedlot Rules, last updated in 2000. Among these considerations is the recent trend in the State toward fewer total feedlots with greater numbers of animal units (AUs) present at each facility, ultimately resulting in increasingly concentrated manure generation volumes. Emergent environmental concerns such as nitrate pollution of surface and groundwater, as well as increasingly frequent extreme weather events resulting in manure overflow, nitrate and bacterial pollution and fish kills, have also motivated the forthcoming amendments. Finally, the United States Environmental Protection Agency (EPA) has requested that Minnesota State agencies take steps to address known nitrate contamination in the Karst Region of Minnesota. The planned amendments are part of the State’s response to EPA’s request.
Goals of the Planned Amendments
Among other goals, and through the planned amendments, the MPCA aims to:
- Revise and clarify the language and definitions of the Rules;
- Improve manure management and land application practices and requirements to more effectively address nitrate and bacteria pollution and fish kills;
- Revise design, operation and maintenance requirements for manure and feed storage areas;
- Enhance groundwater monitoring;
- Revise regulations governing livestock access to water; and
- Modernize permitting application, reporting and planning processes prescribed by the Rules, as well as access to program data – transitioning from paper to electronic methods.
To inform the content of the planned amendments, MPCA is requesting public input and comments regarding:
- Whether certain portions of the existing Feedlot Rules are no longer needed or inapplicable;
- Potential amendments to prevent nitrogen and bacteria pollution and fish kills, including revisions to permit thresholds, restrictions on manure application rates, more stringent setback requirements for manure application and prohibitions on manure application in certain circumstances;
- Revisions to operation, capacity and maintenance requirements for manure storage areas; and
- Considerations for determining whether feedlots with common ownership and in close proximity to each other constitute one facility for permitting and registration purposes.
Informational Sessions
Additional information on the Feedlot Rules rulemaking is available online. On May 19th, MPCA hosted an online informational session regarding the planned amendments. That online session will be made available for public viewing. MPCA is also holding multiple in person sessions on June 3-5, 17-18, 24 and 26; information on times and locations for those sessions is available here. The public comment period on the planned amendments closes July 22, 2025.
Conclusion
The planned amendments to the Feedlot Rules pose potentially large changes for the regulated community but also may provide an opportunity for better clarity and efficiency and improved environmental outcomes. Affected members of the regulated community and other stakeholders should consider taking the opportunity to provide comments and input on the planned amendments. Fredrikson will continue to monitor and provide updates regarding the development of the planned amendments, including and through completion of the proposed and final rulemaking. Please contact us if you require advice of assistance related to the current Feedlot Rules, the planned amendments or future proposed or final rule changes, including comment submittal and compliance.
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