A row of homes sit directly across the street from Northern Iron, a century-old metal foundry on St. Paul’s East Side. Many of the driveways are covered in chalk and toys. A new air monitor atop the foundry is visible from the street, as are blue tarps Northern Iron wrapped around their stacks after the state ordered the facility to reduce pollution.
Chanelle Harrington, 23, moved into a home on Wells Street in May, unaware of pollution concerns that led to an ongoing legal battle between the foundry and state. Harrington has a 6-month-old daughter, and said she’s concerned after recently learning about the situation from reporters. She’s renting while she completes a training program, but doesn’t plan to renew her lease.
“I’m glad I’m only going to be here for a year,” Harrington said.
The foundry and state regulators continued their court battle Monday over accusations of excessive pollution, appearing before a judge to provide updates in the case.
Attorneys for Northern Iron told Ramsey County District Court Judge Leonardo Castro Monday that to meet a court-imposed deadline, it installed four regulatory-grade monitors to detect smoot pollution known as particulate matter. The company also said it submitted a new permit application to the Minnesota Pollution Control Agency (MPCA).
Assistant Attorney General Ryan Petty, representing the MPCA, said Northern Iron submitted its latest application Monday, three days after Castro’s September 13 deadline. The agency has not had a chance to review the application, he said.
Northern Iron argued that it submitted the application on September 10, but that the MPCA declared the document incomplete, and asked for additional information. The MPCA maintains that Northern Iron is still out of compliance with state and national air quality standards for particulate matter pollution, Petty said.
Monday’s hearing was a brief compliance check to ensure that rulings Castro issued in the case this summer are being followed, and is the latest in several hearings in a case that could last another year. The state and company agreed on a schedule this month for producing evidence in the case, and appear to be digging in for a potential 2025 trial.
The MPCA ordered Northern Iron in April to reduce its operations after new pollution estimates showed the facility was likely drastically exceeding federal and state air quality standards by emitting high levels of particulate matter and lead. The company was required to patch up leaky air vents and to reduce the amount of metal melted at the facility by roughly 15 tons each day. Northern Iron, which paid a $41,500 fine to settle with the MPCA in 2023, challenged the case in court.
Judge Castro issued a July order that largely allowed the company to resume normal operations, but stipulated that it must install monitoring equipment and new pollution control machinery. He also ruled that the foundry would need to submit a new air pollution permit application to the MPCA.
Northern Iron is working to install two new pieces of pollution control equipment, known as baghouses, by the court imposed November 16 deadline, said Jennifer Coates, an attorney with Dorsey & Whitney that is representing the foundry.
‘Nice to not have around’
As the legal battle between the state and company drags on, many residents living near the foundry told Sahan Journal they haven’t been informed about the issue. Those who were aware expressed concern.
Dan Gilbert has rented a home a block north of the foundry since 2021. He likes sleeping with the windows open, but said emissions from Northern Iron that often smell like burning plastic change those plans frequently.
He knew there was a foundry when he moved in, but grew concerned this year when he learned about the pollution concerns and legal fight with the state. He wants the facility to either move or control its emissions better, and has only noticed a slight improvement since the state cracked down in the spring.
“It would be kind of nice to not have it around,” Gilbert said.
Silvia Hernandez has called the East Side home for more than 20 years, and has lived a block from Northern Iron for a decade. She and her mother prepared a traditional central Mexican mole in her yard on Friday. Her biggest issue with the facility is noise, Hernandez, 56, said in Spanish. She hasn’t heard anything from the state about pollution concerns.
“I haven’t received anything,” Hernandez said.
A Karen family a block from the foundry had not heard anything about the violations, either, according to the home’s residents.
The Payne Phalen Community Council sent out letters on April 8 to try to notify neighbors of the issues at Northern Iron, which prompted the MPCA to send a similar letter on April 18. The MPCA letter included information in Spanish, Somali, Hmong and Karen. The MPCA also held a large community meeting and informational session about Northern Iron in May.
Delays continue
Northern Iron’s attorneys at various court proceedings have explained a series of delays for installing new pollution control and monitoring equipment. The company installed four new regulatory grade particulate matter monitors on the foundry just before the September 13 deadline, but is still waiting for three of the machines to be calibrated so it can begin collecting data, Coates said Monday.
The company is also waiting on Xcel Energy to energize a lot on the north side of the facility, next to the row of homes on Wells Street, so it can install the monitors in their final locations. That might not happen until October, Coates said. The monitors are currently on the roof because the company doesn’t want to run the monitors on generators that would create noise pollution for neighbors, she said.
“I believe Northern Iron is in compliance with the court’s order and moving toward an amended permit,” Coates said.
The MPCA wants to see updated forms on emissions estimates, known as modeling, before it will consider the application complete, Petty said.
Melissa Lorentz, an environmental lawyer who lives near the foundry, said Northern Iron’s preference for monitoring instead of relying on modeling emissions estimates is dragging out the process.
“Northern Iron is the party that is delaying the proceedings,” she said.
The next hearing in the case is scheduled for November 7.
