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State Representative Joe Mullery
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-4262
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E-Update
POLLUTION CONTROL AGENCY HEARING ON NORTHERN METAL
Yesterday afternoon I met with the PCA and some city staff and others. The PCA has appealed the judge's decision to the appellate court. However, since the hearing isn't until Friday, they are proceeding as if the judge's order will remain in effect. As I previously indicated, the judge is so out of step with what should happen that she is the first judge in history to issue a peremptory writ of mandamus against a state agency.
The PCA admitted they made a mistake in issuing the previous proposed permits. Apparently they didn't do the "modelling" with the right numbers. Northern and the agency had proposed a stipulation at 1.83 lb/hr on particulate matter but then changed to 4.2. When they discovered the mistake they tried to get Northern to agree to go back to 1.83 as the limit. Unbelievably, Northern refused and even insisted that all the info the PCA developed, after they mistakenly said 4.2, could not be used in analysis. The 4.2 was only in a draft and had no legal effect until the end of the application process with a new permit issued.
Northern appears to be a very anti-neighborhood corporation. Not only have they not tried to work with the neighborhood, but the PCA tells me Northern refuses to talk to the PCA now. The company even has the gall to ask the PCA to be held in contempt and pay millions of dollars to the company. This obviously scares the PCA because the same judge who has issued such an unusual order would be the one to decide whether to award huge damages against the PCA.
The PCA recommends the Board require a Environmental Impact Statement because the modelling shows noncompliance with federal ambient air standards at 4.2. The decision to do an EIS can not be based on any economic impact on the present situation or on the proposed upper river development. However, once an EIS has been ordered, they can look at that information as well as any environmental justice issues.
You can find the complete info packet being sent to PCA Board members (and the packet includes a good summary) at
http://www.pca.state.mn.us/index.php/about-mpca/mpca-overview/mpca-citizens-board/mpca-citizens-board.html
We need to organize the testimony that will be given at the public hearing of the board meeting on March 26 at 1. Technically it is to late to submit written comments, but the staff said to send them in anyhow because the board can decide to look at them. The meeting is at MPCA offices, 520 Lafayette Road North, St. Paul 55155, lower level board room
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