ACTION ALERT: A pair of dirty-air bills: HF1300/SF1092 (Magnetation)

Update:  The Senate bill was stopped in a committee but later the language was sneaked into an “omnibus” bill and because law.  No legislator or lobbyist or advocate warned us that this was happening.  Is this the best we could expect of Marty, in particular??  Cynicism is not easy to avoid….



Here are two bills intended to roll back some air quality regulations.

My sources say these bills are intended to greases the skids for the mining company Magentation. .  But the changes are not artfully written, as bills often are, to focus on one facility.  Rather, the damage would apparently be statewide.  The essence seems to be an effort to remove “fugitive emissions” from permit limits.  Fugitive emissions are as opposed to smokestack emissions.  In some facilities, such as ones processing piles or ore or sand, “fugitives” would be most of the emissions.  (Text of bill below.)


“Requiring the pollution control agency (PCA) commissioner to amend certain agency rules relating to potential emissions or potential to emit(rt)”

The sponsors of these bills are all well known as servants of mining interests:

HF 1300 has already been approved by one House Committee.  SF1092 is before the  Senate Environment and Energy Committee ,

chaired by Sen. John Marty, on March 19, 2013.

ACTION:  Contact the members of the

Environment and Energy Committee asking them NOT APPROVE SF1092:,,,,,,,,,,,,, Senator John Marty <>

If you can make one call, please call Sen. Marty:  651-296-5645 .

Want to know just how servile the Dayton administration is to mining interests?

Minnesota Governor’s Mining Subcabinet

Governor Mark Dayton has appointed a Mining Subcabinet, whose goal is to ensure that state agency actions/decisions on exisiting or proposed mining projects are on-tract, timely, and coordinated. Members of the Mining Subcabinet include: Iron Range Resources & Rehabilitation Board Commissioner, Minnesota Pollution Control Agency Commissioner, Minnesota Department of Natural Resources Commissioner, and Department of Employment and Economic Development Commissioner. Governor Dayton also has created a Minnesota Mining Coordinator position to facilitate and streamline projects in Minnesota. The purpose of the Mining Coordinator position is to: serve as a first point of contact for mining companies on existing proposed mining projects; convene and facilitate the Mining Subcabinet; act as a liaison and facilitate interactions among regulatory agencies both state and federal.

Joe Henderson, State Mining Coordinator
Tel. 651-757-2424

I wrote about the posting of the job position Mr. Henderson holds a year ago:

A new position in the MPCA:  Lobbyist for mining interests.”

A bill for an act
1.2relating to environment; directing the Pollution Control Agency to modify a rule
1.3on fugitive emissions.

1.6(a) The commissioner of the Pollution Control Agency shall amend Minnesota
1.7Rules, part 7005.0100, subpart 35a, to read:
1.8“”Potential emissions” or “potential to emit” means the maximum capacity while
1.9operating at the maximum hours of operation of an emissions unit, emission facility, or
1.10stationary source to emit a pollutant under its physical and operational design. Any physical
1.11or operational limitation on the capacity of the stationary source to emit a pollutant,
1.12including air pollution control equipment and restriction on hours of operation or on the
1.13type or amount of material combusted, stored, or processed, must be treated as part of its
1.14design if the limitation or the effect it would have on emissions is federally enforceable.
1.15Secondary emissions must not be counted in determining the potential to emit of
1.16an emissions unit, emission facility, or stationary source. Fugitive emissions shall not
1.17be counted when determining potential to emit, unless required under part 7007.0200,
1.18subpart 2, item B.”
1.19(b) The commissioner may use the good cause exemption under Minnesota Statutes,
1.20section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
1.21Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
1.22section 14.388.

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