Wild Rice & Sulfate Overview

Why is protecting wild rice (Manoomin) important to Minnesota?

Protecting wild rice (manoomin) is important to Minnesota for many reasons:
  • Natural wild rice has enormous ecological value — it protects water quality, reduces harmful algae blooms, and provides habitat for fish, mammals, and wildfowl.
  • Manoomin has great cultural importance for Ojibwe/Chippewa people, and it is protected by treaties.
  • Wild rice is Minnesota’s state grain.
  • Although wild rice has been lost to industrial development and sulfate pollution, Minnesota still has more wild rice than any other state.

Wild rice in bark bowl. Photo by Jim Northrup.

  • Wild rice is the equivalent of the “canary in the coal mine” because it is an indicator of water quality. Impaired wild rice is the result of increased sulfate pollution in surface waters, which also increases methylmercury contamination of fish in Minnesota. Methylmercury is a neurotoxin, especially affecting brain development in infants, children, and the unborn fetus.

What is Minnesota’s wild rice sulfate standard?

The Minnesota wild rice sulfate standard restricts the release of sulfate in waters where natural wild rice grows. The standard limits sulfate to 10 parts per million (ppm or mgL) in wild rice waters.

In 1973, the wild rice sulfate standard was adopted by the Minnesota Pollution Control Agency (MPCA) and approved by the U.S. Environmental Protection Agency (EPA) under the federal Clean Water Act.

The Fond du Lac and Grand Portage Bands of Lake Superior Chippewa also limit sulfate to 10 parts per million (ppm or mg/L) to protect wild rice waters. The bands have authority to set water quality standards on their reservations under The Clean Water Act.

Learn More: Tribal Clean Water Act Authority

Why have corporate special interests sought its repeal?

Glen Jackson, Sr. and Jr., harvesting wild rice. From The Sacred Harvest: Ojibway Wild Rice Gathering. Photo by Dale Kakkak.
In 2010, after years of sporadic and weak enforcement by MPCA, the EPA told the agency that, under the Clean Water Act, Minnesota was required to enforce its wild rice sulfate standard. Enforcement would require existing taconite mining and proposed sulfide mining facilities to collect and treat their polluted wastewater before discharging it to Minnesota wetlands, streams, and rivers — at the expense of the polluters.

Since then, industry lobbyists, consultants, and politicians have sought to eliminate or weaken Minnesota’s wild rice sulfate standard. They have also sought to limit the number of wild rice lakes and streams that can be protected from sulfate pollution.

Most of the sulfate pollution now affecting wild rice waters is discharged by a small number of coal-fired power plants, ethanol plants, taconite mine pits, processing facilities, tailings basin pits, and waste rockpiles. Toxic discharge from the proposed PolyMet copper-nickel sulfide mine would greatly increase the levels of sulfate in wild rice waters, requiring active treatment of pollution for hundreds of years — that is why PolyMet permitting and financial assurance requirements are so important to protect Minnesota wild rice, water quality, and taxpayers.

WaterLegacy has worked in partnership with tribes since 2009 to preserve Minnesota’s wild rice sulfate standard and protect wild rice.

Litigation to Preserve Wild Rice Sulfate Standard

The Minnesota Chamber of Commerce, on behalf of PolyMet and existing taconite companies, sued the MPCA in December 2010 to block any enforcement of Minnesota’s wild rice sulfate standard. WaterLegacy intervened and won the case in the Minnesota District Court and Court of Appeals, preserving the wild rice sulfate standard.
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Opposing Legislation to Weaken Wild Rice Protection

Since 2010, politicians in the Minnesota Legislature have tried to repeal or prevent enforcement of the wild rice sulfate standard. Session laws were passed in 2011, 2015, 2016, and 2017 to interfere with control of sulfate pollution. In 2018, WaterLegacy and our allies won a critical victory when Governor Mark Dayton vetoed two bills that would have repealed the wild rice sulfate standard and prevented control of sulfate in most wild rice waters.
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Rulemaking to Preserve Wild Rice Sulfate Standard

When the Minnesota Legislature launched a new process to amend the wild rice sulfate standard, WaterLegacy served on the MPCA’s advisory task force for six years and worked in partnership with tribes and scientists to protect the wild rice sulfate standard and advocate that all wild rice waters be protected from sulfate pollution. In January 2018, we won a huge victory when an Administrative Law Judge and the Chief Judge disapproved the rule proposed by MPCA that would have repealed the wild rice sulfate rule and imposed arbitrary limits on which wild rice waters would be protected. In May 2018, MPCA withdrew its proposed rule. The wild rice rule adopted in 1973 to limit sulfate to 10 mg/L remains in effect.
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Scientific Effects of Sulfate Pollution on Wild Rice & Mercury

Scientific research developed in the course of the MPCA rulemaking process from 2011 through 2018 confirmed that the wild rice sulfate standard was needed and explained the mechanisms by which sulfate impairs natural stands of wild rice. New research also showed the relationship between sulfate pollution and release of phosphorus related to algae blooms, along with almost a 6-fold increase in toxic methylmercury.
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Enforcement of the Wild Rice Sulfate Standard

In addition to advocating and organizing to preserve the wild rice sulfate standard, WaterLegacy has worked in alliance with tribes to enforce the standard.
  • Opposing MPCA weak taconite mining permits that fail to require compliance with the wild rice sulfate standard.
  • Advocating to MPCA and EPA that wild rice waters polluted by sulfate discharge be listed as “impaired waters” so that they will be studied and restored.
  • Petitioning EPA to remove MPCA’s Clean Water Act authority due to MPCA’s failure to enforce the wild rice sulfate standard and other pollution limits.

Wild Rice Sulfate Standard Timeline

1973

Wild rice sulfate standard adopted by MPCA and approved by EPA under the Clean Water Act.

2010

EPA says MPCA must enforce wild rice sulfate standard.

In December, Minnesota Chamber of Commerce, on behalf of PolyMet and taconite mining companies, sues MPCA to block enforcement of the standard. WaterLegacy intervenes to defend the standard.

2011

Minnesota Legislature passes law starting a process to support repeal or weakening of wild rice sulfate standard through rulemaking.

2012

District Court and Minnesota Court of Appeals rule against Chamber of Commerce (and for WaterLegacy). Wild rice sulfate standard is preserved.

2014

MPCA “pulls the plug” on recommendation to support existing wild rice sulfate standard. MPCA proposes to replace standard with a less protective rule.

2015

Minnesota Legislature passes law preventing enforcement of the wild rice sulfate standard until rulemaking (to amend or repeal standard) is completed.

2016

Minnesota Legislature passes a law preventing MPCA from enforcing terms of a permit (Keetac Mine) containing sulfate limits.

2017

MPCA proposes rule to repeal weaken wild rice sulfate standard and adopt a weaker rule.

2018

In January, after advocacy by WaterLegacy, tribes, and community members, Administrative Law Judge rejects rule proposed by MPCA to repeal the standard.

In May, MPCA withdraws its proposed rule that would repeal the standard. Wild rice sulfate standard is preserved.

Minnesota Legislature twice passes, and Governor Mark Dayton twice vetoes bills that would repeal the standard.

2019

WaterLegacy and Fond du Lac Band advocate to require compliance with wild rice sulfate standard in appeal of U.S. Steel Minntac tailings basin permit.

WaterLegacy Commentaries

Star Tribune, Dec. 2015 | Counterpoint: “Yes, it’s time — to uphold, not raise, sulfate limits”

Pollution already has decimated wild rice, degraded some northern Minnesota streams and lakes so they can’t support fish, and harmed Minnesota’s children. It is bad policy and just plain wrong to let the mining industry decide what limits should be placed on sulfate and other pollutants.

Read  WaterLegacy’s Star Tribune Counterpoint

Canoes harvesting wild rice on White Earth Reservation, Brian Peterson Star Tribune file photo.

Star Tribune, Feb. 2015 | Counterpoint: “The science is clear: Protect our wild rice”

Wild rice is Minnesota’s state grain, an important tribal resource, and a vital plant to support aquatic life, ducks and mammals. The state has permanently lost tens of thousands of acres of this resource. Resource managers believe wild rice is in crisis.

The Earth is not flat, there is no tooth fairy and sulfate limits are required to protect natural stands of wild rice.

Read WaterLegacy’s Star Tribune Counterpoint