The state and a St. Paul metal foundry failed to reach an agreement in court, extending a legal battle over lowering the facility’s emissions if it wants to continue operating in a diverse, working class neighborhood on the East Side.
The Minnesota Pollution Control Agency (MPCA) on April 16 ordered Northern Iron and Machine to lower its smog and lead pollution levels within 30 days after updated estimates showed the facility was emitting pollution above national standards.
The company filed for a temporary injunction in Ramsey County District Court against MPCA, requesting that a judge put a temporary stop to MPCA’s order. In May, a judge ordered mediation between the parties, meaning they were asked to resolve the dispute among themselves with help from a neutral facilitator.
The state and Northern Iron failed to reach an agreement in mediation, according to recent court filings and statements from the parties. That means the case will proceed with oral arguments from both parties in district court on August 22.
The MPCA declined to comment about the development, citing the pending litigation.
Lawton Standard, a Wisconsin-based company that bought Northern Iron in 2022, contends that it inherited issues at the foundry, and that ongoing monitoring data shows it is not exceeding state or federal pollution standards.
“Time and time again the testing and monitoring has showed that our facility is operating below allowable levels of emissions, yet the agency has instead ignored this data,” Tierney Grutza, Chief Administrative Officer of Northern Iron, said in a statement. “It’s like being prosecuted for fitting a profile when the actual evidence clears you of wrongdoing. This is the most frustrating part of this process. We will continue to partner with the community, show them the data and our plans for the future.”
The MPCA must notify Northern Iron 24 hours in advance of any inspection so the facility can have a lawyer present, a judge ruled Monday.
The MPCA fined Northern Iron $41,500 last fall as part of a stipulation agreement for failing to report repeated changes to its pollution control equipment over a 15-year period. The agreement required the facility to conduct updated emissions estimate projections, known as modeling. The new modeling data was released this spring and showed concerning levels of particulate matter and lead emissions.
Particulate matter, small soot-like air particles, is dangerous when inhaled and is known to cause heart and respiratory issues. Any amount of lead pollution is considered hazardous by state and federal agencies.
The MPCA issued an administrative order against Northern Iron in April requiring the facility to lower its emissions to meet federal air quality standards. Subsequently, the facility is currently running with reduced hours, and has limits on the amount of scrap metal it can melt. Scrap metal used at the facility is also now being tested for lead quantity.
Northern Iron must operate under the MPCA’s restrictions as the case proceeds. The foundry said it has temporarily laid off 13 of its 77 employees as a result of the reduced hours.
Northern Iron is a century-old foundry in the Payne-Phalen neighborhood.
The state and federal EPA consider the neighborhood an environmental justice community based on demographics and household incomes. Nearly 70% of Payne-Phalen residents are people of color, and just under half speak a language other than English at home, according to the demographer MN Compass.
Northern Iron was previously found in violation of its permit in 2009, 2016 and 2019. Those violations were considered low-level by the MPCA and didn’t result in fines.
