Health Risk Limits Rules for Groundwater
Rules Amendments -
Overview and Links

Introduction

Health-based guidance for water is a concentration of a chemical (or a mixture of chemicals) in drinking water that is likely to pose little or no health risk to humans. Health Risk Limits (HRLs), a type of health-based guidance, are adopted through a formal rulemaking process authorized in statute.

• Minnesota Statutes chapter 103H, section 201,
• Minnesota Statutes chapter 144, section 12 subdivision 1(5)

MDH conducts rulemaking for HRLs on a periodic cycle in order to allow new or updated water guidance to be considered for adoption into rule. The current proposed rules under the regular rulemaking include 37 water contaminants, with 17 new values, 19 values to be repealed and replaced, and one value for n-hexane that will be repealed not replaced as an HRL. New Risk Assessment Advice for n-hexane has already been published on the MDH Human Health-Based Water Guidance Table.  

General information about rulemaking and a summary of the rules amendments are provided through the links below. For questions or more information, please contact us.

Rules status

September 2023

There are currently two rulemaking projects for HRL in progress: 

Regular HRL rulemaking project (estimated timeframe: 2021-2023)

Additional Session Law HRL rulemaking project (estimated timeframe: 2023-2026)

Regular HRL rulemaking project (estimated timeframe: 2021-2023)

This rulemaking project began with a Request for Comments in January 2021. It involves 37 water contaminants, with additional information available below. 

• After a review by the Governor's Office, the Order Adopting Rules (PDF) was filed with the Office of Administrative Hearings on September 18, 2023.
• The Administrative Law Judge's review of the rules documents is now complete. After initial disapproval, MDH submitted a supplement to the SONAR stating that health risk limits have no enforcement requirements and therefore have no costs that exceed $25,000 to small businesses and cities. With this submission, OAH approved the proposed rule in full.  The reports can be viewed from the links below. 
  • OAH Response (August 1, 2023): Chief ALJ Order on Resubmission (PDF) 
  • MDH submission of a supplement to the SONAR and updated Order Adopting Rules  (July 25, 2025): In the Matter of the Proposed Amendments to Rules Governing Health Risk Limits for Groundwater, Minnesota Rules, Chapter 4717, Parts 7500 and 7860; Revisor’s ID Number RD 4587; OAH Docket No. 22-9000-38941; (PDF)
  • OAH report: Order of the Chief Administrative Law Judge on Review of Rules (July 20, 2023): 5-9000-38941 In the Matter of the Proposed Rules of the Department of Health Governing Health Risk Limits for Groundwater, Minn. R. 4717.7860, .7500, and .7850 (PDF)
• A new comment period opened on April 7, 2023, and closed on April 26, 2023, at 4:30 p.m.  See Comments Received for the post-hearing comments and responses.
• A hearing was held on April 5, 2023, and April 6, 2023. 
• Preliminary Proposed Rules are available for review and comment. (February 1, 2023)
• The Statement of Need and Reasonableness (SONAR) is now available. (February 1, 2023)
• A Hearing has been scheduled for April 5, 2023, at 9:30 a.m. and April 6, 2023, at 9:30 a.m.
• A Public Meeting was held on February 2, 2022 at 3:00 pm.
• Request for Comments were published on January 19, 2021 (This comment period was opened on January 20, 2021, and closed on February 6, 2023, when the Notice of Hearing comment period opened.)

Additional Session Law HRL rulemaking project (estimated timeframe: 2023-2026)

This rulemaking project was recently required by Session Law of the 2023 Minnesota Legislature. This rulemaking will begin in August 2023. A Request for Comments on Possible Amendments to Rules Governing Health Risk Limits (PDF), Minnesota Rules, Parts 4717.7500 and 4717.7860 was published in the Minnesota State Register on August 7, 2023.  See Health Risk Limits Rules for Groundwater Rules Amendments - PFOS Update.