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MPCA changed its inspections process after Smith Foundry dispute: audit

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Published  February 13, 2025 5:55pm CST
Environment
FOX 9

The Brief

    • A new audit report looked at the Minnesota Pollution Control Agency's (MPCA) response to complaints about the Smith Foundry in Minneapolis. 
    • The foundry, which closed last year, faced violations from the EPA which MPCA pubically disputed. 
    • The audit found differences between the EPA and MPCA methodology, which led to different conclusions for each agency. 

MINNEAPOLIS (FOX 9) - A new audit is looking at how the Minnesota Pollution Control Agency (MPCA) responded to concerns about the Smith Foundry in Minneapolis before it closed following a U.S. Environmental Protection Agency (EPA) investigation and agreement.

Smith Foundry controversy

The backstory:

The Smith Foundry in the East Phillips neighborhood closed last summer after the EPA flagged issues with the foundry.

Neighbors repeatedly expressed concerns about the air quality in the neighborhood due to the foundry and the nearby Bituminous Roadways – which has also since closed.

The foundry operators announced the facility would close after reaching an agreement with the EPA over emission violations that forced it to shut down part of its operations.

While the EPA found the foundry was violating emissions standards, the MPCA said the foundry was operating within its permit. In February 2024, months before the foundry would ultimately close, the MPCA again said the foundry wasn't violating its emissions regulations.

New audit looks at MPCA's response to Smith Foundry

Dig deeper:

An audit released on Thursday by the Office of the Legislative Auditor takes a look at the MPCA's response to concerns over the foundry.

It found that while the EPA found multiple violations by the foundry, the MPCA determined the foundry was operating within its permit. The audit finds the difference in conclusions came down to each agency's methods.

The auditor also included an inquiry the auditor's office made with the MPCA in December 2023 – after the MCPA disagreed with the EPA assessment in a Star Tribune news article.

The auditor says the MCPA response to that inquiry demonstrated "a contrast to the tone of disagreement in the article."

In a statement to the auditor a month later, the MPCA explained: "[The MPCA] does not believe that EPA’s findings are inaccurate or unsubstantiated. Rather, the MPCA has been unable to replicate EPA’s findings… because the EPA had not shared all of the relevant information with the MPCA. That sharing of information occurred… on January 23, 2024, and the MPCA is in the process of reviewing the information and trying to replicate the EPA’s analysis."

In February 2024, as FOX 9 reported, the MPCA issued a new statement, saying the foundry was operating within its permitted levels.

The MPCA did increase its monitoring of the foundry in the year before it closed. It's also worth noting that the auditor points out that while the MPCA did not necessarily agree with the EPA's findings, it did defer to the EPA's enforcement actions.

MPCA makes improvements

Big picture view:

In the report, auditors asked MPCA what it had done to improve its processes following the Smith Foundry discrepancies with the EPA.

The MPCA listed several steps:

  • Requested and received new funding from the legislature for mobile air monitoring trailers, new air-toxin monitoring sites in the metro, and extra staff for permitting and inspections in "environmental justice areas."
  • Included environmental justice staff in monthly meetings with EPA.
  • Working to improve information sharing with the EPA.
  • Efforts to join EPA in its inspections in Minnesota.
  • Formally accounting for "lived experiences" in its air emissions permitting process.
  • Plans to update its complaint-tracking system.
  • Request emissions and operational data as part of facility inspections.

MPCA responds to audit

What they're saying:

The MPCA provided the following statement to FOX 9 in response to the audit:

"The Office of Legislative Auditor's memo accurately describes the MPCA’s work with the Environmental Protection Agency and the East Phillips Neighborhood as it relates to Smith Foundry. The memo also reflects the changes the MPCA has made to its air permitting and compliance enforcement processes.

"MPCA successfully sought funding from the 2024 Legislature for additional staff to support our work in environmental justice areas and purchase of a mobile air monitoring unit that will allow us to more quickly monitor neighborhoods where we have received reports of air-quality issues. MPCA and EPA continue to work together on calculations on a case-by-case basis. This collaborative work includes consideration of air rules, permits, and the specifics for each facility. The MPCA is also creating a process to better coordinate on complaints with local jurisdictions.

"We remain committed to ensuring healthy and clean air to all who live in Minnesota and remain steadfastly committed to our work in and with environmental justice communities."

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