Advisory Committee

The Legislature directed the MPCA to form an advisory committee as part of the legislation passed during the 2011 Special Session. The Wild Rice Standards Study Advisory Committee began meeting in October 2011. The group’s charge is “to provide input to the Commissioner on a protocol for scientific research to assess the impacts of sulfate and other substances on the growth of wild rice, review research results and provide other advice on the development of future rule amendments to protect wild rice.”  Members of the group include representatives of Tribes, municipal wastewater treatment facilities, industrial dischargers, wild rice harvesters, wild rice research experts and citizen organizations.

All meeting information, including agendas and meeting summaries can be found in PDF documents below. The meeting summaries are bookmarked for ease in searching for a specific meeting.

• Advisory Committee Approach (wq-s6-42d)
• Advisory Committee Members (wq-s6-42f)
• 2012 Advisory Committee Meeting Agendas/ Summaries (wq-s6-42i)
• 2011 Advisory Committee  Meeting Agendas/ Summaries (wq-s6-42e)

Rulemaking

As required by the Clean Water Act, MPCA regularly reviews, and, as needed, updates Minnesota’s water quality standards; this update is known as the triennial review.  As part of the current review, the MPCA is working to clarify what constitutes “water used for production of wild rice.”  The MPCA is developing a proposed approach and getting input from interested and affected parties, including Minnesota Tribes, Minnesota Department of Natural Resources, and the Wild Rice Standards Study Advisory Committee.

Any additional rulemaking that might be needed for revision of the wild rice sulfate standard would take place at a later time after the wild rice research studies are completed. If needed, this rulemaking would begin in Spring 2014 with completion of the rulemaking expected in Spring 2015.

While the standards study and rulemaking are underway, the MPCA is implementing the current standard of 10 mg/liter in water quality permits on a case-by-case basis. The following document outlines current implementation of the wild rice standard in agency permits.       

• Current and Future Wild Rice Sulfate Water Quality Standard Implementation (wq-s6-21)

Assessment

Background

In accordance with Section 303(d) of the Clean Water Act, the Minnesota Pollution Control Agency is responsible for assessing waters of the state to protect designated uses, such as drinking water, fishing, swimming, irrigation or industrial purposes.  “Impaired waters” are those waters that do not meet water quality standards for one or more water quality parameters, thus they are “impaired” or not supporting their designated uses. The MPCA makes assessment determinations by comparing monitoring data to water quality standards.  Additional information is available on the MPCA’s Water Quality Assessment and Listing page.

During the summer of 2013, the MPCA will assess waters for the 10 mg/L sulfate standard in Minnesota Rules 7050.0224, subpart 2, that protects “water used for production of wild rice during periods when the rice may be susceptible to damage by high sulfate levels.”  On April 1, 2013 the MPCA published an official call for data in the State Register and sent an email notice via GovDelivery to solicit sulfate data and wild rice information for consideration in the assessment.   

The MPCA is interested in obtaining all available sulfate and wild rice water quality data.  To ensure that data are available for the 2013 assessment process, potential data submitters are asked to provide data to MPCA by May 1, 2013 in accordance with the following instructions.

Instructions for submitting sulfate data

To be included in the assessment, sulfate data must be uploaded to the state’s environmental quality information system — EQuIS — prior to data analysis. All applicable, credible and readily accessible sulfate data must be submitted using the Sulfate Data Submittal Template (wq-s6-41c) .  Completed data submittal templates should be emailed to wqdata.mpca@state.mn.us.  Do not include data that have been previously stored in the EQuIS database under other projects.

The Sulfate Data Submittal template includes three worksheets: 

• Instructions,
• Sulfate Data Submittal, and
• Location Establishment

Please review the Instructions worksheet and then enter your data as directed.  All EQuIS-ready data will be stored as preliminary until reviewed through the agency’s Data Review Process.  Upon completion, the status will be changed from preliminary to final, making the data available for all agency purposes. An MPCA-approved Quality Assurance Project Plan (QAPP) associated with the sulfate data must also be on file or submitted to agency by May 1, 2013.  Guidance for completing and submitting a QAPP is available on the MPCA’s Quality System for Environmental Data webpage.  For assistance with the template and entering data into the EQuIS MPCA database, contact Lynda Nelson, 651-757-2601 or lynda.nelson@state.mn.us

The Minnesota Wild Rice and Sulfate map tool shows locations where sulfate data have been previously collected along with median sulfate concentrations at sample locations. This mapping tool also shows locations of wild rice waterbodies that have been identified and inventoried by the Minnesota Department of Natural Resources. Data shown on the map do not represent the exclusive universe of data that will be considered for assessment purposes.

Instructions for submitting wild rice data

To be included in the assessment, wild rice information must be submitted using the Wild Rice Data Submittal Template (wq-s6-41d) and sent by email to wqdata.mpca@state.mn.us.  This template requires the latitude and longitude of the wild rice bed, the wild rice bed area and density information about the wild rice.  Locational coordinates and an estimate of area can be obtained through use of the Minnesota Wild Rice and Sulfate map tool.

The map tool allows users to zoom into a lake, river, or wetlands and find the latitude and longitude of a known wild rice stand for which they plan to submit information.  The map tool also includes a measuring feature that allows users to estimate the area of a known wild rice stand. 

For assessment purposes, the MPCA is particularly interested in waters with wild rice beds of at least one acre in a lake or 0.1 acre along a one mile river/stream stretch with a stem density of equal to or greater than 2 stems per square meter.  Estimating wild rice plant density will require some knowledge and reflection on individual wild rice beds. If there are noncontiguous wild rice beds within the same water body for lakes or noncontiguous beds in rivers, the average density should be estimated for each individual bed.  The Wild Rice Data Submittal Template (wq-s6-41d) includes photos showing a range of stem densities. 

Detailed instructions on how to use the map tool are located below, in the Instructions tab of the Wild Rice Data Submittal Template (wq-s6-41d) and can also be found online.   

When filling out the Wild Rice Data Submittal Template (wq-s6-41d) , you may use the Minnesota Wild Rice and Sulfate map tool to identify the waterbody ID number, measure the area of your wild rice stand and identify the latitude and longitude of the middle of the wild rice stand.

For assistance using the data submittal template, contact Gerald Blaha at 651-757-2234 or gerald.blaha@state.mn.us.

Mapping tool instructions

1. Zoom to your lake, river, or wetland until the name of the waterbody appears.  (Note: not all waterbodies are named in this mapping tool.  For those waters without identified names, enter them as “Unnamed” under the waterbody name column of the submittal template.) 
   • Use the slider bar, a mouse’s scroll wheel, or pinch zoom to zoom the map in and out.
   • Click and drag using a mouse or finger to pan the map.
2. Measure the area of your wild rice stand.
   • Click on the measure tool, change the units from square miles to acres and click on three or more points on the map. Double click to finish drawing and the acreage will appear in the Results box.  
3. Find the latitude and longitude coordinates of the approximate center point of the wild rice stand.
   • Click on the location button on the measure tool then click on the center of the stand.
   • Copy and paste these coordinates under the appropriate columns of the wild rice data submittal template.
4. The MPCA’s established monitoring locations are included on the map. Clicking on the various map icons will bring up dialogue boxes with one or more dialogue box pages.  To page through the dialogue box pages, click on the arrow symbol at the top of the pop-up dialogue box. 

Method development

The development of the assessment method for the 10 mg/L sulfate water quality standard for wild rice production waters is ongoing. As of May 1, 2013 the draft method includes the following considerations for sulfate and wild rice data:

Draft assessment criteria for sulfate concentrations in wild-rice waters

Assessments will be based on median sulfate concentrations over the April through August critical season, taken from data sets that give unbiased representations of overall conditions during that period.  Only waterbodies (as delimited by AUIDs, or assessment unit identification numbers) with at least ten sulfate measurements will be assessed.  Data over the last ten years will be considered, although a known change in water quality conditions during those ten years may mean that only the more recent data are used for the assessment decision.

A waterbody will be considered to be impaired if it is determined to be a "water used for production of wild rice" and the median sulfate concentration is greater than the state water quality standard, as determined by a statistical test that is appropriate to the distribution of the data and at a 0.1 level of significance.

Waters to be evaluated during the 2013 wild rice/sulfate impaired waters assessments

The wild rice-based sulfate standard of 10 mg/L contained in Minn. R. 7050.0224, subpart 2 specifies that the standard is “applicable to water used for production of wild rice during periods when the rice may be susceptible to damage by high sulfate levels."

For the purpose of the 2013 wild rice/sulfate impaired waters assessments, a water body will be considered as a "water used for production of wild rice" through an evaluation process that parallels the current approach undertaken by MPCA staff when issuing discharge permits to waters containing wild rice stands. These wild rice stands can be existing stands in a waterbody or they can be previously documented stands present within a waterbody in the recent past dating back to November 28, 1975.

This case-by-case evaluation will consider the following in making the determination as to whether or not a waterbody will be part of the 2013 wild rice/sulfate assessment process:

• The waterbody meets the minimum sulfate data requirements outlined above; and
• The waterbody is listed  in Appendix B of the February 15, 2008 Minnesota Department of Natural Resources report to the Minnesota Legislature titled Natural Wild Rice in Minnesota (MDNR 2008 report); or
• The waterbody has been identified and listed as a wild rice water by the 1854 Treaty Authority, or
• The waterbody is listed in the MDNR Zizania database as having wild rice identified within the surveyed portion of the lake or river system; or
• The waterbody was surveyed and wild rice stands were documented by NPDES/SDS permittees in connection with a pending discharge permit issuance or re-issuance; or
• The waterbody is identified as being associated with a MDNR aquatic plant management permit application for either the removal of wild rice plants or the introduction (planting) of wild rice; or
• Wild rice information that was submitted for a particular waterbody in response to the recent MPCA call for wild rice and sulfate data noticed in the April 1, 2013 State Register (37 SR 1438).

A general screening approach of the waters identified from the resource references noted above will include an evaluation of available wild rice acreage and density data. Wild rice stand acreage and density considerations will be an important consideration in leading to the draft listing of sulfate impaired waters used for the production of wild rice.

If you questions or comments on the draft the assessment method or questions related to how the sulfate and wild rice data will be considered for assessment purposes, contact Katrina Kessler at 651-757-2490 or katrina.kessler@state.mn.us.

Timeline

In order to assessment waters as part of the 2013 assessment cycle, the MPCA needs to receive sulfate data and wild rice information by May 1, 2013.  The MPCA will make the draft assessment method available for public review by June 1, 2013. 

MPCA staff will complete assessments during the summer of 2013.  The assessment results, the draft 2014 impaired waters list, and the assessment methods will be made public in the fall of 2013 via a formal public notice.  The MPCA will review and respond to public comments during the third quarter of 2013 and submit a 2014 303(d) list to EPA in the spring of 2014 for EPA review and approval. 

Contacts

• General questions:  Patricia Engelking, 651-757-2340, pat.engelking@state.mn.us
• Rulemaking — water used for production of wild rice: Mark Tomasek, 651-757-2788, mark.tomasek@state.mn.us
• Wild Rice Standards Study research: Edward Swain, 651-757-2772, edward.swain@state.mn.us
• Wild Rice Standards Study Advisory Committee:  Patricia Engelking, 651-757-2340, pat.engelking@state.mn.us
• Current implementation of wild rice sulfate standard:  Katrina Kessler, 651-757-2490, katrina.kessler@state.mn.us