A century-old metal foundry accused of air quality violations in the Payne-Phalen neighborhood has found itself at loggerheads with a group of state lawmakers from St. Paul following a court decision partially in the company’s favor.

A judicial decision this month allowing the East Side foundry to continue normal operations as it upgrades its equipment has riled representatives of the city’s East Side, who say the order will allow Northern Iron and Machine to increase production and sidestep recent restrictions imposed by the Minnesota Pollution Control Agency intended to ensure compliance with national air quality standards.

The MPCA has sought to limit the company’s hours of operations and the amount of material processed to 10 tons per day, whereas Northern Iron typically handles up to 25 tons of material daily.

Ramsey County District Court Judge Leonardo Castro issued his order on July 11. It “stays,” or delays, the imposition of the MPCA operating restrictions until at least Nov. 18, while still requiring air quality monitoring.

State lawmakers weigh in

State lawmakers representing the Payne-Phalen neighborhood and the East Side — including state Rep. Liz Lee, Jay Xiong, Rick Hansen and state Sen. Foung Hawj — released a joint statement on Wednesday urging the MPCA to file a legal appeal.

“The court’s unprecedented decision deeply disappoints us,” reads the statement. “We are concerned about its potential impact on air quality in the East Side of St. Paul and surrounding communities. This concern is particularly heightened due to the potential impact on the health of BIPOC and vulnerable communities, which are already disproportionately burdened by pollution.”

“The MPCA’s previous limitations were established to safeguard public health,” the statement goes on to say. “We remain apprehensive that increased production could lead to higher levels of harmful air pollutants. This relaxation of environmental standards could put the health of residents, especially children, at further risk. We are calling on MPCA to appeal this unprecedented decision, and we are dedicated to ensuring that corporate interests are not prioritized over environmental protections and our resident’s health and safety.”

Hawj chairs the Senate’s Environment, Climate and Legacy Committee. Hansen chairs the House Finance and Policy Committee.

New requirements for Northern Iron

The court’s order this month requires Northern Iron to monitor its own emissions and reduce its operations if the monitors show emissions in excess of national ambient air quality standards. It also requires Northern Iron to replace or supplement existing PurpleAir community air quality sensors with approved devices for permitting or regulatory monitoring, and install new emissions control equipment on an expedited basis to ensure compliance with Minnesota and national standards.

Northern Iron must submit a revised permit application by Sept. 13 that includes modeling that shows the company can process 25 tons daily without exceeding national standards for lead and particulate matter.

The MPCA filed a motion to reinstate its previous administrative order, which was issued in April and gave the Forest Street foundry 30 days to reduce emissions and comply with air quality standards. The next court date related to that motion is Aug. 22. A review hearing related to Castro’s recent order is scheduled for Sept. 16.

On July 1, Northern Iron announced it had not been able to reach an agreement with the MPCA over permitting issues that began under the company’s previous owners. “As a result, Northern Iron will exercise its rights under the law to seek relief from the MPCA’s actions, which are impacting jobs and the future of the business,” reads a statement issued by the foundry at the time.

Air quality violations

The company fell under new ownership in 2022, and “has been a cornerstone of the St. Paul community since 1906,” reads the statement.

Northern Iron LLC was fined $41,500 by the MPCA last fall for air quality violations and a 15-year history of related problems, such as swapping out air quality control equipment without a permit. The company, which is owned by the Lawton Standard companies of suburban Green Bay, Wis., also was required to produce updated emissions modeling and apply for a permit amendment.

Based on preliminary data, the MPCA found in April that the “foundry is very likely emitting lead and particulate matter at levels above national ambient air quality standards.” Northern Iron has maintained that the data from the monitor does not sync with the foundry’s hours of operation and “is inconsistent by day.”

In May, the MPCA rejected Northern Iron’s proposed alternative compliance plan. The company announced it would temporarily reduce its East Side workforce by 15%, or some 17 workers, while taking legal action in Ramsey County District Court, where it has sought injunctive relief and a protective order against the MPCA’s administrative orders limiting its operations.

10-ton processing limit

Dan Dietrich, an MPCA specialist, submitted a 10-page written statement to the court this month outlining why he supported a 10-ton processing limit instead of 25 tons.

“Despite having had several months now, Northern Iron has been unable to produce a model showing that it could operate compliantly at a rate higher than 10 tons or with fewer restrictions given its current control equipment,” Dietrich wrote.

On Wednesday, Jack Byers, executive director of the Payne-Phalen Community Council, called on Ramsey County and the Minnesota Department of Health to get more involved in determining neighborhood health impacts.

“There are public health concerns out there and this needs more conversation, more research, more clarity,” Byers said. “It has relevance in people’s lives right down on the ground. On Wells Street, right across the street from Northern Iron, there are people’s houses. This is not a factory that is out in the middle of an industrial park.”

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