Burcum: Second opinion needed on how state handled lead pollution at Eagan battery recycler

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Seeking a second opinion is a worthwhile pursuit when facing a serious health challenge. The same type of independent assessment, one that would evaluate the Minnesota Pollution Control Agency’s handling of lead-laced air emissions earlier this year by an Eagan lead battery recycling facility, is also a timely idea.

It would boost confidence in those living near the recycler — Gopher Resource — that the pollution is firmly under control. And that the agency acted swiftly and appropriately. Right now, questions abound from those who live near the facility or enjoy other nearby amenities, such as a dog park or fishing.

I attended a July 22 community meeting on the lead air pollution at the Eagan Community Center and got an earful. Complaints ranged from how long it took the MPCA to notify residents of the pollution, which was detected from January through March, to the dubious “open house” format that felt disorganized. A more traditional presentation followed by an open-microphone for questions and answers would have better served the public.

Reassurance is vital.

“People are scared and rattled and want to know that they’re raising their families in safe communities,” said Laurie Halvorsen, a former legislator who now serves as a Dakota County commissioner. She also lives in a neighborhood near Gopher Resource.

For decades, OLA reports have offered deeply researched, nonpartisan reviews of public programs’ spending and effectiveness. These are widely considered the Minnesota gold standard for fact-finding.

The OLA’s expertise should be brought to bear quickly because of lingering doubts over the state’s handling of disturbing air quality findings at a different facility — Minneapolis’ Smith Foundry —two years ago. Smith Foundry raised troubling questions about whether state officials had done enough to protect those who lived and worked near it in the East Phillips neighborhood.

Adding to the urgency for the OLA’s review is the ongoing roll back of regulations under the Trump administration’s U.S. Environmental Protection Agency (EPA). This is critical because it was the feds, not a state agency, that conducted a surprise inspection of the foundry and concluded that the facility had been “violating air emissions laws since at least 2018,” according to Minnesota Star Tribune news coverage.

The federal findings became public in November 2023. The foundry closed in 2024. But the alarming contrast between the feds’ decisive action and the state is hard to shake. Minnesotans need to know with confidence that they can count on their state agencies to protect them even as the feds abandon the role.

“There’s no federal backstop now,” said state Rep. Rick Hansen, DFL-South St. Paul, in an interview.

“The community really needs to know that our agencies are acting quickly and transparently when it comes to our health and safety,” Virnig said on Tuesday.

Judy Randall, who leads the OLA, told me that no decision has been made regarding a special review.

“Our team needs to conduct some additional background work before making a final decision,” she said.

Minnesotans should hope that OLA gets to yes. The state Department of Health notes in public information that “there is no safe level of lead exposure.” That’s something I heard repeatedly at the July 22 Gopher Resource community meeting.

The MPCA estimates that over 400 people attended the July community meeting. Many came bearing Ziploc bags with soil samples for free lead testing, which will take up to two weeks to analyze. Among the attendees were Sarah and Mike Montgomery of Eagan, who live just outside the roughly three-quarter-mile circle around the facility believed to be most at risk.

Yet they didn’t hear about the lead emissions until the end of June, saying they learned about it through news coverage. Notification “should have happened a lot sooner,” Mike Montgomery said.

I asked the MPCA about this. This is the agency’s response:

“Federal law requires a three-month rolling average of lead monitoring data as part of the regulatory process. That data must go through rigorous quality assurance and quality control review, a process which takes several weeks. Upon the data verification that was completed in May, the MPCA issued a notice of violation to Gopher Resource, and the company has resolved the primary issue that created the elevated lead levels.

“Community meetings were initially scheduled for mid-June, however, due to the horrific events of June 14 we chose to reschedule. The first available date was July 22.”

The horrific events of June 14 refer to the assassination of Rep. Melissa Hortman and her husband, Mark, and the grievous injuries sustained by Sen. John Hoffman and his wife, Yvette.

The auditors could also answer questions about whether new environmental protection laws and investments made by the Legislature in recent years work as intended.

There’s also a broader interest for all Minnesotans. We deserve to know that our state environmental protection agencies are performing at a high level, especially considering the new polluter-friendly EPA isn’t likely to step up.

Addressing these concerns lands squarely in OLA’s wheelhouse and I urge them to take this on.