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ENVIRONMENT

MPCA proposes new sulfate regulations

Marshall Helmberger
Posted 3/25/15

REGIONAL—The Minnesota Pollution Control Agency, on Tuesday, waded into what has become a thorny political issue, releasing a proposal to protect wild rice from excess sulfate levels using a …

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ENVIRONMENT

MPCA proposes new sulfate regulations

Posted

REGIONAL—The Minnesota Pollution Control Agency, on Tuesday, waded into what has become a thorny political issue, releasing a proposal to protect wild rice from excess sulfate levels using a complex equation rather than the current statewide standard of 10 milligrams (mg) per liter.

The agency also released a draft list of approximately 1,300 bodies of water in Minnesota, including hundreds in northeastern Minnesota, that it proposes for designation as “wild rice waters.”

PCA officials say the proposed new method of setting sulfate limits takes advantage of the latest scientific research to establish a more effective means of protecting wild rice from sulfate discharges, and does so on a case-by-case basis rather than a “one-size-fits-all” approach.

“The ten milligram standard wasn’t wrong, it was just imprecise,” said Rebecca Flood, Assistant PCA Commissioner for Water Policy, who suggested the agency’s new proposal would provide better protection to wild rice in most cases. “We know more now. Ten in some cases may be the right number, but it wouldn’t be the right number everywhere in the state.”

PCA officials, in a press conference Tuesday afternoon, pointed to three key factors that determined to what extent sulfate discharges contributed to the loss of wild rice and other aquatic forms of life. The research found that sulfate, by itself, isn’t harmful to wild rice, according to Shannon Lotthammer, director of the PCA’s environmental analysis division. But once in the environment, noted Lotthammer, sulfate is converted by bacteria in lake and river sediments into sulfide, which is toxic to wild rice and many other aquatic organisms. Because of that, increased levels of sulfate in the water tend to increase the level of sulfides in the sediment. “If there’s more sulfide, it affects the ability of wild rice to sustain itself over time,” said Lotthammer.

But other factors, such as the amount of organic material or iron in the sediment can change the degree to which sulfide levels are increased as a result of higher sulfate levels. “More iron in the water can reduce the level of sulfide, while more organic [material] can lead to more sulfide,” said Lotthammer.

To take these variables into account, the MPCA developed an equation that agency officials say can determine a sulfate level that will protect wild rice for a specific water body. The agency proposes collecting sediment samples in wild rice stands, measuring the iron and organic carbon concentrations in the sediment, and then plugging the data into the equation to calculate a protective sulfate concentration for that particular wild rice water.

In many cases, say PCA officials, the sulfate standard could end up even stricter than the current 10 mg/l. In fact, documents that the PCA made available suggest that nearly 60 percent of wild rice waters could require even stricter discharges. Some, however, could sustain sulfate levels of as high as 200 mg/l, depending on the amount of iron or organic matter in the water.

Proposal sees mixed reaction

The PCA’s latest proposal received support from Iron Range lawmakers, and Gov. Mark Dayton, who recently announced his support for easing the sulfate standard to accommodate the taconite industry. “I never thought 10 milligrams was the right standard,” said state Rep. David Dill, DFL-Crane Lake. “Now that the science indicates 10 milligrams may be right for some places, but not for every site, I’ve received about 100 emails urging me to support the 10-milligram standard. Those people should just write me a letter saying they don’t support mining. Before they were telling me to support the science, but now that it doesn’t back 10 milligrams as the right standard for each reason, they’re opposed to the science.”

Yet the lead scientist who conducted the sulfate study for the PCA, said the research backs the ten milligram standard. “The 10 milligram per liter standard holds up to the science,” said Dr. John Pastor, of the University of Minnesota-Duluth, who expressed “shock” at the PCA’s proposal, calling it “scientifically indefensible.”

Among other concerns, Pastor said it was premature for the PCA to conclude that higher levels of iron in a wild rice lake or stream makes it less susceptible to damage from sulfate discharges. Indeed, he said recent results from his ongoing research into wild rice are suggesting higher levels of iron may well offer no additional protection to wild rice, and could even be harmful. “Iron may play a number of roles, but it’s premature to conclude anything at this point.”

Pastor also expressed considerable exasperation at the degree to which the science regarding wild rice and sulfates has been misrepresented by politicians looking to weaken environmental rules. “Virtually all of what is being said by elected officials, including our governor on that point, is scientifically incorrect.”

While the Legislature paid for the research conducted by Pastor and other U of M scientists, politicians have largely ignored the findings, relying instead on a much more limited study paid for by the Minnesota Chamber of Commerce. That study found that even very high levels of sulfates, in isolation, have no impact on wild rice. Pastor said his own research came to a similar conclusion, but he dismissed the chamber study as invalid because it failed to look at the way in which sulfate interacted biologically once in the natural environment. “We know that the more sulfate you add, the more sulfide is produced, and the bigger the impact. We have four years of data that show that if you raise sulfate levels [in a water body] to even the drinking water standard [250 mg/l), the wild rice will go extinct within four years.”

And that’s a concern to tribes as well as environmentalists, who worry that the PCA’s new “flexible” approach will give too much power to industry to cut deals with the PCA. “With this approach, the standard becomes negotiable,” said Kathryn Hoffman, an attorney with the Minnesota Center for Environmental Advocacy. “The agency will have its scientist go out and collect samples and the company will hire its own scientist, and then they’ll negotiate a standard behind closed doors.” Hoffman acknowledged that the 10 milligram per liter standard isn’t a perfect fit in every situation. “But you could say that of any water quality standard. The point of a standard is to be conservative in order to provide protection in as many cases as possible.”

Long process ahead

PCA officials stressed that the current proposal is just the beginning of a lengthy debate over the future of sulfate regulation in Minnesota. The agency will hold meetings with interested stakeholders in the upcoming weeks to answer questions and take input on its plan.

The agency will also be seeking input on its proposed list of wild rice waters, and officials acknowledged that the list is far from complete. “We’re looking for feedback on that as well to see if more lakes should be added,” said Katrina Kessler.

The agency will continue to refine the proposal based on feedback and any new data that becomes available and officials said they hope to have a final proposal available by August. Once released, the agency would begin a formal rulemaking process that they expect to take up to two years to complete.

And the PCA won’t be the final decision-maker on the issue. The state is subject to federal oversight under the Clean Water Act, which means the EPA would need to approve the PCA’s proposed change. The federal agency blocked a recent effort by legislators to weaken the standard, without a scientific basis. The Legislature funded new research on the connection between sulfate and wild rice, but the results of that study have largely confirmed the validity of the 10 mg/l standard, according to scientists.

Impact on Minntac

The latest move by the PCA leaves the question of a new permit for U.S. Steel’s Minntac plant up in the air. PCA officials had earlier predicted they’d have a draft permit completed this month, but that timeline may now be adjusted as PCA officials try to determine how the proposed change could affect the permit’s sulfate allowance. “In terms of permitting Minntac, or any other facility, we know there is going to be a lot of interest in that,” said Flood. “The answer is, we don’t know yet what the impact will be.”