8. State allowed MinnTac mine’s wild rice-killing pollution for decades
Problem: The Minnesota Pollution Control Agency (MPCA) adopted the Wild Rice Rule in 1973 but has systematically ignored it to the benefit of mines. The rule limits sulfate concentrations in wild rice waters to 10 mg/liter because sulfate degrades into chemicals that kill wild rice. The U.S. Steel-owned MinnTac mine is a prime example of MPCA’s deference to industry. The MPCA issued Minntac’s first water discharge permit in 1987, which did not require the mine to comply with the Wild Rice Rule, only to monitor sulfate levels. The mine has never complied with the rule.
Regulatory failures/outside pressure: The MPCA was supposed to review MinnTac’s permit every five years. It took the agency 25 years to do it. (MinnTac wasn’t unique. In a memo circa 2012, the EPA said 48 Minnesota mines were operating on expired permits.) In 2010, the Environmental Protection Agency (EPA) told MPCA that it had to enforce the Wild Rice Rule. As a result, “mining interests and their supporters attacked the standard,” WaterLegacy said. Mid-decade, the Minnesota Legislature passed laws to prohibit the MPCA from enforcing the Wild Rice Rule until it has reviewed and updated it. The MPCA complied. (In 2022, the EPA told the MPCA the state law violated the federal Clean Water Act. It again told the agency it had to enforce the Wild Rice Rule.) The MPCA allowed U.S Steel to drag its feet on promised improvements with no consequences. On November 30, 2018 the MPCA approved the new permit. It was challenged in court. In late 2019, the Minnesota Court of Appeals rejected the MPCA’s proposed permit. Since then, the MPCA has not moved forward to reissue the permit or set any new requirements for limits on sulfate or other pollutants, WaterLegacy said.
Links
Mesabi Tribune, October 2023: U.S. Steel, Minntac Mine construct major water return project
Healing Minnesota Stories blog posts