Environmental Justice Developments in Minnesota and Michigan

Author: Joe Sabato and Jess Black

As environmental justice (EJ) considerations have been significantly deprioritized in the current U.S. Environmental Protection Agency (U.S. EPA) agenda, some may question whether environmental equity remains a viable regulatory priority. However, in states that had already exceeded federal EJ requirements and established robust EJ frameworks prior to this shift, the reduction in federal engagement has had limited practical impact on the regulated community. This month, we examine recent developments in two Midwest states with robust EJ programs: Minnesota and Michigan.

Minnesota Cumulative Impact Analysis Proposal

On May 18, 2026, the Minnesota Pollution Control Agency (MPCA) released a proposed rule that would add cumulative impact analysis (CIA) requirements for facilities seeking an air quality permit within one mile of an EJ area. The new EJ CIA law applies to facilities in or within one mile of environmental justice areas in the Twin Cities metro area and the cities of Rochester and Duluth areas are included. The proposed rule would apply to:

• New facilities seeking a Part 70 air permit,
• New facilities seeking a state air permit with limits to avoid Part 70 air permitting, and
• New state air permits for waste combustors.

The rule would also potentially apply to existing facilities in EJ areas that are undergoing an expansion that has the potential to increase potential emissions above certain thresholds (see Minnesota Administrative Rule 7007.1141 Subparts 1 and 2 for the thresholds for criteria pollutants and Part 7007.1300 Subpart 5(B) for the thresholds for hazardous air pollutants) as well as facilities renewing a permit with a violation occurring in the past three years.

Facilities subject to the cumulative impact rule would be required to prepare an initial assessment that states whether the permit action is likely to impact the environment or the health of residents in an EJ area. Once an initial assessment is received, MPCA would determine whether a CIA is required. Additionally, residents in the EJ area could petition the MPCA to require a CIA for the permit action, and MPCA would review the petition and determine whether a CIA is required.

Once MPCA determines that a CIA is required, the facility would prepare a public participation plan that describes how the facility will meet the public participation requirements in the rule, as well as the timeline for hosting public meetings, public notices, and comment periods. The proposed rule would require a minimum of two public meetings, one occurring prior to conducting the CIA and a second public meeting to present on the results of the CIA and whether the facility determined if there will be a substantial adverse impact.

The CIA would include:

• Site mapping,
• A review of existing site contamination,
• A climate change assessment,
• A traffic study,
• A description of the stormwater management for the site,
• A review of whether construction or operation of the facility or project will impact odor, dust, or noise at nearby residences,
• An emissions control analysis,
• Air quality modeling,
• A health risk analysis,
• Impacts on tribal resources,
• A summary of public comments (if applicable), and
• A substantial adverse impact determination.

The MPCA would review the CIA and determine whether the permit action poses a substantial adverse impact, which would then trigger the Community Benefit Agreement (CBA) process. Permit actions requiring a CBA would need to go through another two public meetings, the first focused on what benefits should be included in the CBA and the second meeting to present and gather community feedback on the CBA. MPCA would ultimately determine whether the CBA addresses the substantial adverse impact posed to the EJ community and if the project could then go forward.

If the proposal is finalized in its current form, the CIA rule would certainly slow down permit actions as there will be several additional public meetings that involve public notice. For existing major sources of air pollution near EJ areas, maintaining compliance with environmental requirements will be key to avoiding CIA requirements during a permit renewal process. Projects requiring a CIA will undergo significant review by MPCA. The CIA proposal in its current form does not establish a single risk-based number to meet but rather requires the MPCA commissioner to consider the weight of evidence. The CIA will also open up permits to appeal, creating additional uncertainty in the permitting process.

The MPCA is accepting comments on the proposed rule until July 17, 2026.

Michigan’s Environmental Justice Program Has a New Tool – Version 1.5 of MiEJSCREEN

In 2019, Michigan established an Office of Environmental Justice Public Advocate, which was given the mission to ensure all state programs included equal access to environmental resources for all citizens of Michigan.

As part of that program, the Michigan Department of the Environment, Great Lakes, and Energy (EGLE) updated their state-specific MiEJSCREEN tool to Version 1.5 in April 2026. Improvements include an upgraded map interface and easier comparison between census tracts. The User Guide is available here.

The updated version brings a new look, faster navigation, and improved accessibility, along with new technical features including:

• “Near Me” Feature: Allows users to view EJ scores around a specific location quickly.
• Users can now download the underlying dataset directly from the “About Data” section.
• “Add Data” Feature: Users can layer additional custom map data alongside existing MiEJScreen indicators.

The MIEJScreen tool divides indicators into four main categories:

• Environmental Exposure – Including: Air Toxics Cancer Risk, Respiratory Hazards, Diesel Particulate Matter, Particulate Matter, Ozone and Traffic Density.
• Environmental Effects – Including: Proximity to Cleanup Sites, Proximity to hazardous waste facilities, Impaired water bodies, Proximity to solid waste facilities, Lead paint exposure, Proximity to risk management planning sites, and Wastewater discharge indicators.
• Sensitive Populations – Including: Asthma, Cardiovascular disease, Low birth weight for infants, Blood lead levels, and Life Expectancy.
• Socioeconomic Factors – Including: Low-income population, Black, indigenous, people of color population, Educational attainment, Linguistic isolation, Population under age five, Population over age 64, Unemployment, and Housing burden.

To be clear, unlike some other states, Michigan has not yet mandated that MiEJScreen be used as part of permitting decisions, but it can be assumed that EGLE will collect and utilize this information as part of the process informally.

If you haven’t already, there is no time like the present to familiarize yourself with the tool and to look up your facility. Rather than encountering MiEJScreen’s outputs for the first time during a permit review process, facility environmental health and safety staff would be well-served to run the tool proactively as part of their pre-application planning – whether it be for a first time air permit, expansion of an existing air permit, or a hazardous waste facility permit. Understanding what the data says about the surrounding community — before EGLE does — may allow a facility to identify potential community impact issues early and develop a thoughtful, coordinated response. That preparation is best done in collaboration with experienced environmental consultants (like ALL4!) and legal counsel who can help contextualize the results and determine what, if any, additional analysis or community engagement may be warranted.

Getting ahead of these questions isn’t just good risk management — it reflects the kind of good-faith engagement with EJ considerations that regulators and communities increasingly expect.

Summary

U.S. EPA may have dropped their EJ program, but many states continue to improve and evolve their own EJ programs. Decision makers for industrial facilities should take a proactive approach to applying state-specific EJ screening tools to understand their EJ footprint. Especially for facilities located in urban settings, an in-advance EJ strategy can avoid costly delays in permitting that can result when an entity chooses to remain unaware of its impacts on its neighbors. Should you need help navigating the proposed MPCA CIA rule or wish to understand how the updated MiEJSCREEN tool may impact your facility, ALL4 is here to help. Reach out to your project manager or to our EJ lead Joe Sabato today.