Minnesota is finalizing a new pollution law intended to protect diverse neighborhoods. Here’s how to weigh in.

The rules would establish what triggers a cumulative impact analysis that takes into account existing pollution in diverse communities when regulators consider approving a permit for a new facility or the expansion of an existing one. 

State lawmakers passed the Frontline Communities Protection Act, commonly known as the cumulative impact law, in 2023. The law is intended to provide more robust protections for racially diverse and economically disadvantaged communities that have borne the brunt of pollution from industrial facilities and major roadways. 

Now, after a three-year development process, the Minnesota Pollution Control Agency (MPCA) has released its proposed rules for the law. The state is accepting public comments on the proposed rules until July 17. 

The law will require the MPCA to more carefully review applications for polluting facilities that seek to operate in environmental justice areas, census tracts designated in state law due to demographic diversity or economic struggles. 

“We are looking to address a disproportionate exposure experienced by Minnesotans, with a focus on impacts in environmental justice areas,” MPCA engineer Hassan Bouchareb said. 

What’s in the law 

Currently, the Minnesota Pollution Control Agency considers all permit applications on an individual basis, and allows emissions within prescribed levels for regulated facilities. 

The new law requires the agency to conduct a cumulative impact analysis of all air pollution levels in diverse and low-income neighborhoods when considering a permit application for a new facility, or the expansion of an existing facility that would result in a significant increase in greenhouse gas emissions.

The MPCA must deny a permit if the analysis determines it will cause significant negative impacts to the area. There are exceptions for projects that are supported by people who live in the area for economic or social reasons, and that reach what is known as a community benefit agreement.

A community benefit agreement could be established if the company would agree to conditions sought by neighbors, such as constructing public parks or agreeing to employ people who live nearby. The process would involve several public meetings and opportunities for comment, Bouchareb said. 

The company would also host public meetings before and after the analysis is conducted. 

Where the law applies

The law applies in environmental justice areas and in a one-mile buffer zone around those areas. 

• An environmental justice area is a census tract where any of the four apply:
  • 40% or more of the population is nonwhite.
  • 35% or more of the households are considered low-income ($60,000 for a family of four).
  • 35% or more of the population has limited English proficiency.
  • Is in Indian Country (tribal reservation).
• The law is limited to the seven-county Twin Cities metropolitan area and the cities of Rochester and Duluth. It also includes the 11 federally recognized tribal nations in Minnesota. 
• About half of the Twin Cities metro is considered to be in or within the buffer zone of  environmental justice areas.
• The MPCA lists 89 facilities that would likely fall under the new law. But 39 of them have non-expiring permits and would not be subject to an analysis absent a major expansion application or pollution violation enforcements from regulators. 
• The list includes major facilities like the Hennepin Energy Recovery Center (HERC) garbage incinerator in Minneapolis and Northern Iron, a metal foundry in St. Paul which is currently fighting the MPCA in court. 

What’s triggers an analysis 

Outside of newly proposed facilities in environmental justice areas, much remains up for interpretation on when the impact analysis is required. 

All existing facilities applying for a new permit would be required to include a less-stringent initial assessment self-declaring whether or not their proposal is likely to impact human health and the environment. The MPCA would review that assessment against its own mapping tool which analyzes current pollution levels and public health concerns. 

Existing facilities renewing their permits would need to conduct a cumulative analysis if they were subject to an MPCA or federal Environmental Protection Agency enforcement action within three years of a permit application. 

The cumulative impact analysis could also be triggered by a community petition of 100 people or property owners who live nearby. 

Environmental justice advocates following the process said they want to see more ways to trigger the process for existing facilities seeking to renew air pollution permits. 

“We’re pushing for some threshold for those reissuances other than an enforcement action,” Evan Mulholland, an attorney with the Minnesota Center for Environmental Advocacy told Sahan Journal.  

Cumulative impact analyses will examine existing environmental stressors in the area, Bouchareb said. Those stressors include cancer risk,asthma rates and current levels of smog pollution. The MPCA has launched a map tool where people can explore environmental stressors in their area. 

How to weigh in 

• The proposed rules can be found here. 
• Submit comments on the proposed rule by 4:30 p.m. on July 17. 
• Comments are submitted to the Minnesota Court of Administrative Hearings. 
• You can comment here.

What comes next 

• A public hearing will be held before Administrative Law Judge Kimberly Middendorf on Sept. 1 at 3 p.m. where people can make oral comments. 
• The hearing will be followed by a three-week public comment period until Sept. 21
• The law is likely to formally take effect in spring 2027, Bouchareb said. 

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