A proposal to change the basis by which limits are imposed on the amount of sulfate that mining companies can release into Minnesota’s lakes and streams has met with concern over the potential effect on wild-rice waters, sacred to the Ojibwe.
On Tuesday March 24 the Minnesota Pollution Control Agency (MPCA) proposed replacing the blanket statewide sulfate limit meant to protect manoomin (wild rice) with a new, lake-by-lake, river-by-river approach. The announcement came one day after Governor Mark Dayton told Minnesota Public Radio News that the state’s existing sulfate standard is outdated and will hurt mining operations in the state.
But the plan is not being met with approbation. Wild rice researcher John Pastor with the University of Minnesota Duluth, who has conducted studies for the state and tribes, said the study did not take into account the variation of wild rice waters, which change from season to season and year to year.
“I am furious,” Pastor told the Minneapolis Star Tribune. “This is scientifically indefensible. The system is too dynamic.”
The protection of wild rice, sacred to Minnesota’s Ojibwe, has become a flashpoint as industry and state lawmakers push to loosen water quality regulations to allow copper and nickel mining in northeastern Minnesota. Several companies seek to extract these minerals, which contain more sulfate than most ore. One roadblock to these efforts is the existing statewide 10 parts-per-million water quality standard for sulfate in wild rice waters.
The standard originated in 1973, when the state adopted a sulfate limit for industrial discharges in waters producing wild rice. For most of the rule’s history, it was neither enforced nor updated. However, starting in the early 2000s, tribes and environmental groups began pressuring the state to apply it to new permits for established taconite mines. This launched a political debate over whether the standard was valid.
In 2011 the U.S. Environmental Protection Agency (EPA) rejected state lawmakers’ attempts to soften the wild rice standard. In response the state conducted a $1.5 million wild-rice sulfate study, which lead to the current proposal. Under the proposal, the state would test the potential impact of sulfate in all wild rice waters before applying a sulfate limit for each lake or river tested. The limit would be tailored to take into account the water chemistry of each particular water body determined to hold wild rice beds.
In certain conditions, relatively harmless sulfate converts to sulfide, which can starve wild rice of nutrients. It is believed that in waters with high iron content the impact of sulfate on rice is buffered. Alternatively, water with high organic carbon increases the harm of sulfate. The MPCA proposes collecting sediment samples in wild rice stands to measure the iron and organic carbon concentration in the sediment, then putting the data into an equation that would determine an acceptable sulfate concentration for that particular water body. At least one tribal official was dubious.
“I need to digest this approach, but there are some questions that come to mind,” said Darren Vogt, environmental director of the 1854 Treaty Authority.
Vogt noted that the proposed approach utilizes an equation based on organic carbon and iron to calculate a site-specific standard for sulfate, and said it will be important to understand whether this equation is appropriately tested and been proven valid. How site-specific standards will be developed and implemented also raises questions in his mind.
“As this process moves forward, the 1854 Treaty Authority will remain involved and focused on ensuring the long-term viability of wild rice in Minnesota,” Vogt said.
So far the MPCA has a list of 1,303 wild rice lakes and rivers and said more could be added before a final sulfate rule is adapted to each. Officials informed the Duluth News Tribune that probably will not happen for at least two years.
Douglas Thompson is a Duluth-based attorney focused on assisting with natural resource and environmental issues in Indian country.