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Two environmental agencies at odds over pollution violations in East Phillips neighborhood

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Two environmental agencies at odds over pollution violations in East Phillips neighborhood


MINNEAPOLIS — Two environmental agencies are at odds over pollution violations in a Twin Cities neighborhood. The EPA found that Smith Foundry in south Minneapolis violated the Clean Air Act.

But the Minnesota Pollution Control Agency questions its methods.

Neighbors say they’ve raised health concerns about the factory for years. WCCO investigative reporter Jennifer Mayerle went to the MPCA to try and get answers.

Smith Foundry is the source of community outrage following an unannounced inspection by the Environmental Protection Agency. It discovered air pollution violations along with other problems that “could endanger human health or the environment.”

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MORE: Neighbors near Minneapolis’ Smith Foundry wonder why EPA’s pollution discovery wasn’t made by MPCA

WCCO took the concerns to the MPCA and assistant commissioner over air and climate policy Frank Kohlasch.

“They are required to meet and comply with their permit requirements and in Minnesota rules to ensure that their emissions are not causing any problems for neighborhoods or for the environment around,” Kohlasch said.

Mayerle asked if that’s been happening.

“To the information we have, to the best of our knowledge, it has been happening. We have been monitoring in the East Phillips neighborhood for a number of years.” Kohlash went on to say, “We are not seeing any state or federal violation on an air quality standard from this facility,” Kohlasch said.

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Smith Foundry in Minneapolis’ East Phillips neighborhood

WCCO


The state says it’s monitored air quality from 11 blocks away since 2001. We’re told it’s conducted other air monitoring at various times since then. But its last actual regular inspection was five years ago.

“It seems concerning to me that you wouldn’t have done an inspection since 2018. That’s a lot of years,” Mayerle said.

“We do have limited inspection resources available to us. We negotiate with EPA about how we’re going to deploy those inspection resources,” Kohlasch said.

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There are 8 inspectors for 2000 plus permitted companies. It raises questions about the frequency of inspections and if the state is asking for enough information to find a problem.

The state relies on self-reporting.

The MPCA says the EPA requested additional data for their report. Finding since 2018, Smith Foundry was emitting roughly twice the allowed amount of particulate pollution.

The EPA says that can cause things like coughing, difficulty breathing, asthma, chronic bronchitis, irregular heartbeats, nonfatal heart attacks and more.

The EPA and MPCA knew about the notice of violations months before the community learned about them.

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Mayerle asked why there aren’t more answers right now.

“That’s a great question. And we know it’s a challenging situation to be in,” Kohlasch said.

Kohlasch says the information generally stays confidential until the company has a chance to respond. And there are more definitive answers.

“It honestly feels like more leeway is being given to the company than the community. That the company has all the time to go back and forth but the community is left in the dark during that time,” Mayerle said.

“That is a challenge with the system. That is the way the system is set up,” Kohlasch responded.

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“That’s why I’m asking, should the system change?” Mayerle said.

“That is a great question. I think it’s beyond my ability to respond now,” Kohlasch said.

The looming question: What was the East Phillips community exposed to and for how long?

Ultimately Kohlasch says MPCA is not able to replicate the emission violations found by the EPA.

“We would be concerned if somebody is emitting more pollution than is allowed in their permit. That would be concerning to us. Right now we just can’t validate what EPA has in their notice,” Kohlasch said.

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The EPA told WCCO it stands by its report and will keep working with the state and Smith Foundry. 

The MPCA says the factory’s new permit will be stricter, requiring new controls, an expiring permit, and an annual community meeting.

Neighbors have also raised concerns about the asphalt company next door, Bituminous Roadways.

The state says it will leave the area by the end of 2025.

Bituminous told WCCO that mounting city and community pressure coupled with upcoming regulatory requirements coinciding with Smith Foundry’s new permit made it the right time to look for a new location.

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You can learn more at a community meeting on Monday from 5:30 to 8 p.m. at the Phillips Community Center.

The EPA and representatives from Smith Foundry are also expected to be there.

Here’s the EPA’s full statement:

“At this time, EPA believes that the emissions and allowable rates shown in its notice of violation are correct, and does not have any reason to modify the information in the notice. We will continue to talk with MPCA and Smith Foundry to understand their positions. Regarding the statement in EPA’s notice of violation that ambient air concentrations of particulate matter were “elevated,” this is in the context of Smith Foundry allowing “avoidable amounts of particulate matter to become airborne.” EPA stated that measured concentrations were above background concentrations, showing that the site had caused particulate to become airborne.

“Consistent with EPA’s enforcement policy, we cannot provide specific information on any ongoing investigations in Minnesota including how EPA selects facilities to inspect, the process leading up to the inspection, or next steps in the investigation. EPA maintains collaborative partnerships with state agencies and will continue to work with MPCA on next steps.”

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Minneapolis, MN

Country star hit in the face onstage with X-rated item

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Country star hit in the face onstage with X-rated item


Celebrities often deal with unruly fans at their concerts, so it’s not the first time Wallen has had something thrown at him. Last year, an irritated fan chucked a boot at the country singer as they waited for him to sign an autograph. Instead of signing it, he turned to throw it away from where it came from.

I Had Some Help recently enjoyed five undisrupted weeks at the top of the charts, allowing the Cowgirls singer to take the crown for the most weeks at number one on the Billboard Hot 100 Chart in the 2020s from Taylor Swift.

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Wallen is currently in the North American leg of his One Night at a Time World Tour, performing at stadiums around the globe. He’ll be performing at shows across the US until August 9, before jetting off to Europe for a slew of more shows from August 28.

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Many of Wallen’s North American concerts had to be cancelled and rescheduled last year after the singer needed to treat vocal fold trauma, which the National Institute of Health explains is “caused by excessive or improper use of the voice”.

He was able to return to the stage a month later after being given the all-clear by his doctors.

On April 7, Wallen was arrested on three felony counts after he allegedly threw a chair off the bar roof of a six-storey building in Nashville.

A group of police officers were on the ground outside the building when the chair landed about 1 metre away from them. They entered the building and went up to Nashville’s Chiefs Bar, and staff identified Wallen as responsible for throwing the chair.

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Later that month, the country singer addressed concerned fans by sharing a statement accepting fault for the incident on X.

Morgan Wallen’s One Night at a Time tour is taking him across North America and Europe over the next few months for a slew of stadium shows. Photo / AP

“I didn’t feel right publicly checking in until I made amends with some folks. I’ve touched base with Nashville law enforcement, my family, and the good people at Chief’s. I’m not proud of my behavior, and I accept responsibility,” Wallen wrote.

“I have the utmost respect for the officers working every day to keep us all safe. Regarding my tour, there will be no change.”

Despite his apology, Wallen’s arrest has landed him in hot water with the Nashville Metro Council. In a 30-3 vote last month, Nashville council members rejected an application to install a billboard sign atop Wallen’s under-construction This Bar & Tennessee Kitchen in central Nashville, reported People.

Explaining her decision, Councilwoman at Large Delishia Porterfield pointed to the singer’s controversial past.

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“We want to make sure that Nashville was a supportive place for everyone, so I don’t want to see a billboard with the name of a person who’s throwing chairs off balconies and who is saying racial slurs, using the n-word, so I’m voting no,” Porterfield said.

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Minneapolis, MN

Minneapolis’ contested housing development plan plows forward

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Minneapolis’ contested housing development plan plows forward


Minneapolis Mayor Jacob Frey and other government officials celebrated moving forward with the city’s housing development plan, the 2040 Comprehensive Plan, on Tuesday.

The plan had been in a years-long court battle. Opposing organizations alleged that the city should have conducted an environmental review before approving the plan. 

The 2040 plan aims to establish more densely built and affordable housing for Minneapolis’ future development. 

“This is a day that has been six years in the making, in that when Minneapolis recognized that we had an affordable housing shortage, we recognize that we like so many other cities throughout the country needed to increase our supply of housing. The 2040 plan helped us get there,” Frey said.

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Legislation in the 2024 session clarified the bill, allowing for stalled housing projects to begin again. 

“Our legislative intent was very clear that this was a bill to end this lawsuit and to defend the Minneapolis 2040 plan,” said Rep. Sydney Jordan, DFL-Minneapolis. “We believe in this plan. We took huge steps this year to defend it and we will continue to do so as necessary.” 

Jack Perry, the attorney for opposing groups like Smart Growth Minneapolis and Minnesota Citizens for the Protection of Migratory Birds, said their fight is far from over. They filed an appeal with the Supreme Court. 

“Almost every project is financed and it is pretty hard to finance something when the authority is based upon a 2040 plan that is tied up in litigation,” Perry said. “The mayor says they’re going forward. That’s all fine but the actual developers will have to worry about this litigation. He may not because it’s not his pocketbook that’s being opened up to build things based upon a foundation of a plan that is highly suspect.”

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The press conference celebrating the 2040 plan was held at Wakpada Apartments, a new complex that’s a product of the 2040 plan.

One of the apartment’s developers, Sean Sweeney, said the 2040 plan has allowed him to be creative and “do things that benefit the community.”

“I’ve worked in several markets around the country, and I can say without a doubt that being a developer in Minneapolis, especially now with the 2040 plan, is an absolute dream,” Sweeney said. 

The plan began in 2018. Since then, Minneapolis has invested over $360 million into affordable rental housing and homeownership programs.

“Minneapolis is being seen around the country as a leader in the affordable housing space, we’re seen as a leader in this push to desegregate cities. And we’re seen as a municipality to copy and to replicate in the work that we’re having right now,” Frey said.

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Minneapolis, MN

32-year-old charged with hiding body of Minneapolis woman

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32-year-old charged with hiding body of Minneapolis woman


A 32-year-old Iowa woman was charged on Tuesday with concealing the body of Liara Tsai, 35, of Minneapolis.

Court records show that Margot Lewis made her first appearance in Olmsted County Court Tuesday morning.

According to a criminal complaint, authorities were called to a one-vehicle crash at the intersection of I-90 and Highway 42 in Olmsted County on Saturday.

Based on tire tracks, authorities believe the driver, identified as Lewis, was speeding eastbound on I-90 when she went into the median.

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Bystanders told responding deputies there appeared to be a deceased or injured person in the car.

Inside, deputies found a body wrapped in a bed sheet, a blanket, a futon-style mattress and a tarp, court documents state. The person, later identified as Tsai, was obviously deceased and authorities said she didn’t seem to have been killed in the crash. She was cold to the touch and there was dried blood on the blanket.

Investigators later found a large wound on the right side of Tsai’s neck.

Lewis was medically cleared at the hospital and then booked into Olmsted County Jail. She did not respond audibly to law enforcement.

Lewis’ mugshot is not yet available on the Olmsted County Jail roster. This article will be updated when it becomes available.

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The Medical Examiner confirmed on Sunday that Tsai was killed before the car crash.

Monday evening, Minneapolis police and members of the Minnesota Bureau of Criminal Apprehension executed a search warrant of Tsai’s home on 16th Street East and found a scene “indicating violence.”

Investigators have not announced any arrests for Tsai’s death.

This is a developing story. Check back for updates.

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