Minnesota works to define new law protecting vulnerable communities from pollution

Minnesota regulators are exploring what pollution factors matter most as they implement a new law that provides more robust environmental protections for diverse, vulnerable communities.

The state’s cumulative impact law, known as the Frontline Communities Protection Act, passed in 2023 and will apply to areas of the Twin Cities, Duluth and Rochester designated as environmental justice areas because of demographic or economic benchmarks.

The law seeks to enforce higher regulatory standards for businesses and industries that want to operate in historically polluted neighborhoods. It requires the state to analyze the cumulative impact of other pollution sources in an area before approving permits for new facilities or the expansion of existing ones. Previously, all industrial facilities requiring air permits were considered on an individual basis.

Some residents of environmental justice areas are eager to shape rules about how to apply the law. Longtime Frogtown resident Xiem Busch-Vuong hopes the law will make people look at pollution and environmental issues more holistically. She was among dozens of Frogtown residents who joined Minnesotans across the state to help shape the law, which she would like to see prevent new sources of pollution from entering environmental justice areas while creating opportunities to hold existing emitters more accountable.

“My hope is that by using my voice and showing up, maybe I can sow the seeds of a better community,” Busch-Vuong said.

The law grants the Minnesota Pollution Control Agency (MPCA) clear powers to reject plans that add undue pollution in overburdened areas, but the state is still figuring out how it will work and when it will be deployed.

The agency is a year into a three-year rulemaking process and has a lot to iron out, according to project co-leader Hassan Bouchareb. One of the biggest questions is what factors should be considered when conducting a cumulative impact analysis. It was the topic of a July 10 public meeting the MPCA held at the Rondo Library in St. Paul.

“We’re going to have to narrow this down, because there is a ton of data we can look at,” said Quinn Carr, a data specialist with the MPCA.

Pollution sources such as major roads and existing facilities are some of the factors that are likely to be considered when the state determines whether to issue a permit. The state would also likely look at public health data in the area such as cancer risk and asthma hospitalization rate, land pollution such as former brownfield sites, and social factors like income level and whether residents speak languages other than English.

The MPCA must figure out how large of a geographical area to apply to the cumulative impacts analysis, which could be as small as census tract or as large as a zip code. The agency will consider historical pollution in an area, but is deciding how far back to go based on how reliable the data is. Regulators must decide how frequently to update indicators like local air pollution, and what air quality monitors will be considered strong enough to have regulatory power. They also need to determine which pollutants to consider, and which matter most.

“We’re still investigating what indicators we’re going to be looking at, what pollutants we’re looking at,” said Derek King, the MPCA’s cumulative impacts coordinator.

Racist zoning and housing policies built a system in which communities of color face higher levels of pollution, according to state data. Communities in St. Paul, such as Frogtown, Payne-Phalen and Rondo, are considered environmental justice areas by the state and are home to old industrial facilities and highways. That leads to negative health impacts.

Cumulative impact laws are relatively new in the United States. New Jersey passed the first measure in 2020, and completed a rulemaking process in 2023 . Minnesota has consulted with New Jersey about their process.

“We don’t want to recreate the wheel here,” Bouchareb said.

The MPCA is hosting community events to discuss rulemaking aspects across the state. An August 14 event in Duluth will discuss community benefit agreements, where a neighborhood can consent to a polluting facility if it brings desirable elements.

Visit the MPCA website for more information about future meetings.

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