REGIONAL— The Minnesota Pollution Control Agency has reaffirmed its decision to issue an air emissions permit after questions about the permit were raised by environmental groups and the courts.
The decision wasn’t a surprise, as the agency had argued repeatedly in court that its permit was sound and well-reasoned. In their 21-page findings of fact and order, signed by Commissioner Katrina Kessler, the MPCA determined that PolyMet is committed to complying with the air permit issued three years ago whether or not production at the facility is higher than the company’s original proposal of 32,000 tons per day.
Several environmental groups and the Fond du Lac Band had argued that the MPCA failed to consider information suggesting that PolyMet planned to build a much larger mine that would emit more pollution than what was covered under the air permit.
The Minnesota Supreme Court ruled in February that the MPCA was not required to investigate those claims and sent the case back to the Minnesota Court of Appeals to determine two smaller issues. In a ruling last July, the appeals court asked the MPCA for more explanation as to how it arrived at its decision, and to clarify whether PolyMet had provided any false or misleading information about its plans. 
The agency determined that whether or not PolyMet opts to expand its operations, the company would be able to comply with its air emissions permit. If not, the agency claimed it has rigorous enforcement authority to force the company to meet the terms of its permit. While the agency may have the legal authority, it has often struggled to enforce permit violations against mining operations on the Iron Range.
PolyMet officials hailed the MPCA’s decision as a victory for their plans to build the state’s first copper-nickel mine near Babbitt. Environmental groups, meanwhile, indicated they were considering an appeal.
PolyMet still faces several additional hurdles before it can begin work on the project. Other major permits — including the project’s main “permit to mine” issued by the Minnesota Department of Natural Resources, a water quality permit also issued by the MPCA, and a wetlands permit from the federal Environmental Protection Agency — all remain in limbo because of ongoing court cases or administrative work. 
The Minnesota Department of Natural Resources has also begun to plan a contested case hearing for one of the contested permits, which is expected to take place before a state administrative law judge early next year.