New Northern Metals Ruling Issued

Post by Jeff Skrenes, Hawthorne Neighborhood Council Housing Director.

On June 19, Judge David C. Higgs ruled on the tangled legal web brought to us by Northern Metals.  The Order can be found here, and for the most part it seems beneficial to the community.  As a layman, there are a few significant developments I see that I hope to correctly interpret and point out.

First, the orders to stay proceedings are vacated.  That would seem to be necessary if for no other reason than to bring the case out of legal limbo.  Second, Northern Metals' requests for monetary damages are denied.  Those requests seemed to have little chance of success, and appeared to be little more than a legal bullying attempt.  Still, if they would have been granted, chances of Northern Metals failing to obtain their pollution permit would be much greater.

Finally, the MPCA is ordered to make its decision on an Environmental Impact Statement "as soon as it is administratively feasible for a meeting to take place."  This was the ruling that I and many others had anticipated would come down in some form.  We knew that the most likely decision from a judge would be that the MPCA would be told, "Ok, it's time to make a decision here.  You've got however long to do it."

Where things get really interesting is in the page-and-a-half Memorandum that follows Higgs' Order.  Remember now, this whole mess got started when a Writ of Mandamus was issued that essentially forced the MPCA into an unprecedented legal corner.  During that proceeding, and those that followed, Northern Metals has apparently asked the court to limit the criteria on which the MPCA can make its decisions surrounding the draft permit, an environmental assessment worksheet, or a full environmental impact statement.  Higgs declines to place such limitations on the MPCA.

"The district court has no right to interfere with an administrative agency which is proposing to act in a manner properly within the scope of its responsibility until final action is taken...A restriction, by this Court, on the evidence that the MPCA may receive and consider is improper as it unduly interferes with the MPCA's decision-making authority."

In essence, Judge Higgs tells Northern Metals that the MPCA is doing what it is supposed to be doing, and as long as that keeps up, the courts have no right, much less a desire, to interfere.  Now the ball is back in the MPCA's court, and hopefully the public hearing (that was just about to take place before the last court order) will resume.

**On a final technicality, there has been some minute hand-wringing over whether the petitioner in this case is Northern Metal or Northern Metals, pluralized.  Some have said that the name is actually Northern Metal.  However, since the Order clearly identifies "Northern Metals" as the petitioner, and since people throughout the community frequently refer to the company as such in speaking, I will continue to use "Northern Metals" when writing about this case.

Northern Metal Resolution for Precinct Caucuses

The Hawthorne Neighborhood Council strongly opposes the application by Northern Metal Recycling to increase their permitted levels of pollution.  We are asking everyone to attend their precinct caucuses on Tuesday, February 7th.  Click here for the Secretary of State link to your area's and your party's precinct caucus.

One of the ways you can help the Hawthorne neighborhood and all who value the Mississippi River is to bring a resolution to your precinct caucus.  If enough resolutions make it through this process, then the issue becomes a part of the party's platform as a whole.  And if that happens, we can use that platform as a way to lobby our elected officials both here and statewide to support protecting our residents and our river.

Please bring the following resolution with you to your precinct caucus and submit it as part of your party's platform.

WHEREAS the Minneapolis lakes, rivers, waterways, and riverfronts are world class and are vitally important to Minneapolis’ economy, and;

WHEREAS the City’s lakes, rivers, waterways, and waterfront provide recreational pleasure and enjoyment to residents and visitors, and;

WHEREAS Northern Metals Recycling, Inc. is a business located at 2800 Pacific Street, near the Mississippi River, near Ole Olson Park, and adjacent to a proposed land bridge connecting north Minneapolis residents to the Mississippi, and;

WHEREAS Northern Metals Recycling is applying for a permit to increase particulate matter emissions by 1,000% and hazardous air pollutants by 300%, and;

WHEREAS Northern Metals has not complied with its existing permits; in December 2009 performance tests showed particulate matter emissions exceeded the permitted levels by 204% and mercury emissions exceeded permitted levels by 32%, and;

WHEREAS the proposed increased emission levels could double the risk of cancer in the immediate area, could increase the risk of cancer among urban gardeners by 50%, and increase acute inhalation of particulate matter by a factor of 5.5, and;

WHEREAS residents of Minneapolis believe that it is important to protect natural resources, built resources, and community amenities for all people along the Mississippi River corridor against pollutants and other environmental hazards,

THEREFORE BE IT RESOLVED THAT the ___________________ Party support the full enforcement of all particulate matter and hazardous air pollutants at or below the currently permitted levels along the Mississippi River, and;

BE IT FURTHER RESOLVED THAT the ___________________ Party support a full Environmental Impact Study and a full Environmental Assessment Worksheet for any entity applying to increase said emission levels along the Mississippi River.

Hawthorne's Letter to the MPCA Regarding Northern Metals

December 9, 2011

Re: Northern Metals Application for Major Permit Amendment

Dear Mr. Lynott, Minnesota Pollution Control Agency

Cc: Governor Mark Dayton, Senator Al Franken, Senator Linda Higgins, Senator Amy Klobuchar, Representative Keith Ellison, Representative Joe Mullery, Representative Bobby Joe Champion, 3rd Ward City Council Member Diane Hofstede

Hawthorne Neighborhood Council is adamantly opposed to the approval of Northern Metals Application for Major Permit Amendment as the more lax regulations they are seeking would have devastating effects on our community.

This organization, and the Hawthorne neighborhood at large, is on track for creating and maintaining healthier and greener lifestyles and practices. The Hawthorne Eco-Village is a testament to these efforts as we continue to encourage residents to build and live “green.” The pollutants and toxic particulates that stand to be released into our air if the amendment to Northern Metals’ current permit is granted can only damage a community that is not in a position to withstand or absorb any further harm. As Minnesota Congressman Keith Ellison stated in a letter to the Environmental Protection Agency in February 2011, “In low-income and diverse communities of color, the benefits of reducing toxic air pollution cannot be overstated as these communities already face higher than average rates of asthma, birth defects, and respiratory disease.” This statement was made in regards to mercury pollution, one of the toxins that Northern Metals currently emits and of which further relaxed standards would allow increased release. Furthermore, Northern Metals would like to be exempted from cleaning their surface areas should there be precipitation or snowfall in excess of one inch on any given day! Taking into consideration the duration and severity of our Minnesota winters, Northern Metals may not have to clean the area surrounding their operation on a regular basis for up to six months out of the year. This is not a reasonable request by any means.

Northern Metals acknowledges that there are some parks in the area (although they fail to make mention of all them). There are several in close proximity as well as two schools, a high rise dwelling for seniors and persons with disabilities, townhomes and single family homes that will undoubtedly be affected by the carcinogens and other harmful byproducts produced by Northern Metals. Residents of the nearby townhomes currently cannot even open the windows in their homes during the summer months due to the dust and the odors from Northern Metals. This situation will only worsen if the application to amend emissions and cleanup guidelines are relaxed. The area in which Northern Metals is located has been designated as a National Bird Fly Way. This fact has also been omitted from Northern Metals application. Further contamination from pollutants like mercury and hexavalent chromium (and the multitude of others detailed in their application) would be detrimental to supporting the wildlife that inhabits this area.

We understand that the Minnesota Pollution Control Agency will use comments received regarding this matter to determine if there is a need for an Environmental Impact Statement. We demand that this report be done!

The Mississippi River is an amenity that should be used, appreciated, and enjoyed by all residents of Minneapolis and walking and biking trails (especially the Grand Rounds Bike and Walking Path) have been developed for this purpose. Additionally, the Hawthorne neighborhood, along with several other North Minneapolis neighborhoods, has been working diligently to secure funding for a land bridge that would extend from 26th to 28th Avenues North and would connect North Minneapolis residents to the Mississippi River. If we are successful in this quest, this bridge as well as our walking and biking paths would actually abut Northern Metals’ facility and would end up exposing countless individuals to numerous poisons. Their application also does not appear to address the effects that additional emissions would have when considering prevailing winds that could significantly increase the areas potentially subject to contamination by Northern Metals’ increased output of toxins. The very fact that Northern Metals would like to extend their current hours of operation is reason enough for nearby residents to be concerned and angry as this would detract from their quality of life as they deal with additional noise and traffic. When you factor in the knowledge that an even greater amount of deadly chemicals will be released into our community it is beyond the scope of reason.

Economic development and success are very important to the Hawthorne Neighborhood Council, but it cannot come at the expense of our residents’ health. Virtually every plan for the Mississippi River being developed by the City of Minneapolis reflects the residents’ desire to move industry away from the river. The types of non-industrial businesses that we and other organizations are trying to attract to this area also reflect this trend. For example, Coloplast Industries produces medical supplies. How will an increase in toxic emissions affect their sterile standards?

We implore you to take our concerns into consideration as you review Northern Metals Application for Major Permit Amendment and deny their request regardless of the notion that their expected emissions may still fall within guidelines considered acceptable to the EPA.

If you have any questions, or would like additional information, please do not hesitate to contact me.

Sincerely,

JoAnne Kelty Board Chair

Hawthorne Calls for Strong Environmental Regulations Along Mississippi River

Post and top photo by Jeff Skrenes, Hawthorne Neighborhood Council Housing Director.  Image from the Northern Metals Environmental Assessment Worksheet.

Northern Metals Recycling has applied for a permit to relax some environmental regulations at their site on Pacific Street and 28th Avenue North in Hawthorne.  The Hawthorne Neighborhood Council strongly opposes lessening environmental and health protections in our community.  The impact of such changes would be:

*       Additional air emissions

*       Increasing the air emissions limitation

*       Relaxation on emission standards

*       Increasing emissions used to extend outside the hours of Monday through Friday 7:00 a.m. to 6:00 p.m. and Weekend & holidays from 9:00 a.m. to 6:00 p.m.

There are many provisions within the above-linked environmental worksheet that give Hawthorne residents serious pause.  Among them are:

Northern Metals has proposed to change the requirement to clean all primary roads, entrances,
internal roads, and exits once per day to a requirement to clean these areas “when necessary to
prevent particulate matter from becoming airborne.”

Instead, the Air Emission Permit will still require daily road sweeping and cleaning, but allows for exceptions when the roads are snow- or ice-covered, or if 0.1 inches of liquid precipitation fell in the last 24 hours. (p. 12)

 We worry that "when necessary" is far too subjective and that minimal cleaning during periods of snow and ice could lead to pollution concerns for a site adjacent to the Mississippi River.

Also on page twelve of the report, Northern Metals is requesting that a whole host of tests regarding particulate matter be reduced in their frequency or eliminated altogether.  We are gravely concerned about such diminished protections and support keeping them in place.  The proposal would allow Northern Metals to shred auto hulks and greatly increase their allowed hours of operation.

Section 11 on page 15 of the document references minimal impact on wildlife (due to the industrial area surrounding the site) and the permit amendment would not cause any environmental or land use conflicts.  While this may be presently true, it neglects to take into account the proposed redevelopment efforts underway through the Above the Falls master plan and the Mississippi Riverfront Design Initiative.  A Farview land bridge would extend to the River with 28th Avenue North as its northern boundary, and would border the plant.  Decreased environmental regulations and an increase in potential air and noise pollution are incongruous with the long-term development of the Mississippi River as a true community asset.

The Hawthorne Neighborhood Council is in the process of drafting a formal letter to the Minnesota Pollution Control Agency, and will post it here upon completion.  Comments to William Lynott (651-757-2542) must be received by December 14, 2011.  From those comments, the MPCA will be taken into consideration when deciding whether to require an Environmental Impact Statement.

Hawthorne demands that such an assessment be done.  We urge concerned residents throughout our neighborhood and Minneapolis as a whole to make that same demand of the MPCA.  Please contact both Council Member Diane Hofstede and the Hawthorne Neighborhood Council (Jeff Skrenes or Alexandra Jasicki, 612-529-6033) with your concerns as well.