• You are here: EPA Home
• Office of Policy
• OSEM
• Historical Information
• Industry Partnerships
• Project XL
• Weyerhaeuser Company
• Final Project Agreement

Weyerhaeuser Company

Final Project Agreement

Weyerhaeuser FPA

WEYERHAEUSER

FLINT RIVER OPERATIONS

PROJECT XL

FINAL PROJECT AGREEMENT (FPA)

 

Project XL

FLINT RIVER OPERATIONS

Table of Contents

EXECUTIVE SUMMARY

I. PARTIES

II. PURPOSE OF THE FINAL PROJECT AGREEMENT

III. DESCRIPTION OF THE PROJECT

IV.STAKEHOLDERS

V.STAKEHOLDER INVOLVEMENT PROCESS

VI.IMPLEMENTING WEYERHAEUSER'S MIM VISION FOR FLINT RIVER OPERATIONS

VII. PROJECT XL PERFORMANCE TARGETS FOR FLINT RIVER OPERATIONS

VIII. PROJECT XL ACCEPTANCE CRITERIA

IX.IMPLEMENTING PROJECT XL FOR FLINT RIVER OPERATIONS

X.FINAL PROJECT AGREEMENT IMPLEMENTATION

APPENDIX ONE - Stakeholder Comment Letters Received

APPENDIX TWO - Stakeholder Involvement Plan

APPENDIX THREE - Proposed Project XL Amendments to NPDES Permit

APPENDIX FOUR - Proposed XL Amendments to Surface Water Withdrawal Permit

APPENDIX FIVE - Proposed Project XL Amendments to Solid Waste Permit

APPENDIX SIX - Proposed Project XL Amendments to Air Quality Permit

APPENDIX SEVEN - Legal Mechanism to Implement MACT

APPENDIX EIGHT - Proposed Project XL Regulatory Reporting and Testing A8.1

  EXECUTIVE SUMMARY   

Weyerhaeuser's Flint River Operations in Oglethorpe, GA is the first forest products facility accepted into the Environmental Protection Agency's (EPA) Project XL Program. EPA created Project XL (eXcellence and Leadership) last year as part of EPA's initiative to obtain environmental performance that is superior to what would be achieved through compliance with existing and reasonably anticipated future regulations. The Final Project Agreement (FPA) is the document that memorializes the parties' intentions concerning Project XL for Flint River Operations.

As part of the XL Program, Weyerhaeuser invited the local community to participate in the FPA development. Weyerhaeuser has worked with EPA, Georgia Environmental Protection Division (EPD), Georgia Pollution Prevention Assistance Division, Lake Blackshear Watershed Association, local community leaders and other interested Stakeholders. All have participated in creating the FPA between Weyerhaeuser, the State of Georgia, and EPA. EPA worked directly with Weyerhaeuser and, in addition, participated as a guarantor of the stakeholder process.

As described in the FPA, the Flint River Operations intend to continue to perform beyond regulatory requirements by continuing to evolve Minimum Impact Manufacturing (a holistic approach to pollution prevention). As an incentive for this level of superior performance, the EPA and Georgia EPD intend to provide more flexible and cost effective processes for regulatory management. The anticipated benefits from this project include continued superior environmental results while improving the ability of the mill to meet customer demands.

 

 

WEYERHAEUSER FLINT RIVER OPERATIONS

PROJECT XL

FINAL PROJECT AGREEMENT (FPA)

I.  PARTIES

The Parties¹ to this Final Project Agreement are the United States Environmental Protection Agency (hereafter EPA), the State of Georgia represented by the Georgia Department of Natural Resources, Environmental Protection Division (or EPD) and Pollution Prevention Assistance Division (or P²AD), and Weyerhaeuser Company.

II.  PURPOSE OF THE FINAL PROJECT AGREEMENT

The Parties enter into this FPA to accomplish four principal purposes. They are:

III.  DESCRIPTION OF THE PROJECT

A.  Flint River Operations

The Weyerhaeuser Flint River Operations is a state of the art Kraft pulp manufacturing facility producing 320,000 tons per year of absorbent fluff pulp. The facility is located in Oglethorpe, Georgia. The facility was initially constructed in 1980. Flint River Operations has approximately 500 employees and an annual economic contribution to the State of Georgia worth more than 75 million dollars.

Flint River Operations' environmental performance has been recognized as superior within the bleached Kraft pulping industry. Flint River was the first bleached Kraft pulp mill to employ commercially viable advanced technologies that minimize adverse impacts to the environment. These technologies include oxygen delignification (installed in 1980), 100% chlorine dioxide substitution and bleaching (in 1989) and extensive water conservation practices.

Oxygen delignification is a cutting-edge pollution prevention technology that reduces the amount of bleaching chemicals needed in the wood pulp process. Chlorine dioxide substitution (i.e., 100% substitution of chlorine dioxide in place of elemental chlorine gas) has been instituted at Flint River as one of several methods to reduce the formation of unwanted chlorinated organic compounds during the pulping process. Water conservation measures reduce raw water costs and reduce the volume of wastewater for treatment and discharge. Partly in recognition of Flint River's advanced technology, EPA used Flint River as a benchmark facility for the bleached Kraft pulp manufacturing industry effluent guideline and liquor best management practices (BMP) regulations.

B.  Weyerhaeuser's Vision of Minimum-Impact Manufacturing

Since 1992 Weyerhaeuser has focused on a "Minimum Impact Manufacturing" model as a holistic strategy for continuous environmental improvement. MIM is an aggressive plan that seeks to harmonize Weyerhaeuser's pulp and paper manufacturing facilities with their surrounding physical environments. Weyerhaeuser is committed to managing its raw material and resources such that its manufacturing processes, and their outputs, achieve continuous improvement of air, water, and solid­waste discharges. Weyerhaeuser's target: minimum impact manufacturing.

Minimum Impact Manufacturing contains the elements of a comprehensive pollution prevention program designed to obtain the greatest use of raw materials and to stop waste generation rather than rely on "end­of­pipe" remedies. MIM involves multi-disciplinary teams employing a systems engineering approach, waste reduction and a commitment to continuous improvement rather than the more traditional "project" focus.

For a production facility MIM includes Weyerhaeuser's commitment to strive to close the loop by further:

To track progress and monitor MIM performance, Weyerhaeuser measures more than 30 environmental parameters in key areas of pulp and paper manufacturing. A list of the MIM Key Environmental Data Parameters is provided in Table One.

Under this FPA Weyerhaeuser will work toward specific pollution reduction goals. Those quantifiable, measurable goals are set forth in Tables Two and Three. Weyerhaeuser's work to achieve those goals represents progress that may ultimately help demonstrate how to achieve the "closed loop" mill and pass the tests of technical feasibility, customer satisfaction and economic achievability.

IV.  STAKEHOLDERS

Stakeholders who participated in the negotiation of the FPA include the Lake Blackshear Watershed Association, non-management employees at Flint River Operations, the City of Montezuma, the City of Oglethorpe, the Macon Correctional Institution, the Macon County Local Emergency Planning Committee, and other leaders from Macon County. Other interested Parties contacted or briefed in reference to the FPA are listed in Appendix Two. The stakeholder process has been open and the public has been invited to participate.

V.  STAKEHOLDER INVOLVEMENT PROCESS

Weyerhaeuser, as project sponsor, took steps to contact and involve Stakeholders before and during the FPA negotiation process. Weyerhaeuser provided a written Stakeholder Involvement Plan. The Plan is attached as Appendix Two. The stakeholder involvement measures taken by Weyerhaeuser included the following:

Weyerhaeuser will maintain and update the stakeholder plan to ensure continued stakeholder involvement over the duration of this project.

VI.  IMPLEMENTING WEYERHAEUSER'S MIM VISION FOR FLINT RIVER OPERATIONS

Weyerhaeuser's vision of Minimum-Impact Manufacturing at Flint River Operations is Weyerhaeuser's Project XL proposal.

A.  The Phases of Weyerhaeuser's MIM Vision for Flint River

The Flint River facility embodied portions of the MIM approach when the Kraft pulp mill was built in 1980. Beginning with the highest level of pollution prevention, the mill's original design included current technologies to reduce emissions, conserve water and reuse manufacturing intermediates, where possible. MIM Phases I, II and III have already been put into effect at Flint River Operations. Several of these original technologies put into operation in the early 1980s' are the current basis for the proposed "Best Available Technology" in the 1996 proposed Cluster Rules for the Pulp and Paper Industry.

The MIM Phases at Flint River Operations are outlined below.

1.  MIM PHASES AT FLINT RIVER OPERATIONS

2.  IMPLEMENTATION - MIM PHASE IV

Weyerhaeuser intends to install and operate MIM Phase IV at Flint River as part of Weyerhaeuser's project under this FPA. The work that will be accomplished as MIM Phase IV is summarized in the outline below. The anticipated cumulative environmental benefits from the MIM Phase IV projects are summarized in Tables Two and Three under MIM Phase IV column. Table Two and Three represent the environmental parameters and performance targets that will be measured and

reported as provided in section X.B.

ISOTHERMAL COOKING (BROWNSIDE OPTIMIZATION)

Modernization of the present brownstock pulping process at the Flint River plant including conversion of the existing Kamyr continuous vapor phase digester to a modern extended delignification "state of the art" unit and changes in the knotting, screening and oxygen stage systems. These modifications will reduce the Bleach Plant washing organic load, reduce operating costs, improve pulp production and position the plant for further movement towards a Minimum Impact Manufacturing mill environmental strategy. The anticipated finished pulp production increase from the optimization project is approximately 19 air dried metric tons/day.

The expected environmental benefits include:

ODOR CONTROL SYSTEM UPGRADE

Improve the non-condensable total reduced sulfur (TRS) gas system reliability, gas collection capacity and removal of TRS gases from additional foul condensates resulting in an expected decrease of 67.3 tons/year of fugitive TRS emissions from the facility's wastewater treatment system. Decrease facility HAPs emissions from the collection and incineration of Weak Gas system sources and the collection and biological treatment of methanol containing process condensates. Appendix Seven provides a list of process equipment included in Weak Gas collection system.

ENERGY STEAM REDUCTIONS

Energy conservation through steam usage reductions will be implemented for the following areas:

The goal of these energy steam savings projects is to conserve steam usage that will result in a lower total steam demand from the Power Boiler. Reducing the Power Boiler steaming rate will

reduce the amount of fuel burned and provide a corresponding reduction in criteria air pollutant emissions (i.e., particulate, CO, NOx) from the boiler.

ISO 14001 EMS

 

The existing Flint River Operations environmental management system (EMS) will be revised to conform to the ISO 14001 EMS. When the revision is complete, the Flint River ISO 14001 EMS will be incorporated into the facilities existing certified ISO 9002 system. Weyerhaeuser will share its experiences from the development of the ISO 14001 EMS at Flint River Operations with the Parties and Stakeholders.

Environmental Management Systems provide environmental benefits by instilling the principles of continuous environmental improvement into the company's business management systems. The EMS demonstrates to all employees what the impact of their activities are on the environment and encourages continuous improvement through pollution prevention versus end of pipe control. The EMS will document the management systems required to comply with all applicable Weyerhaeuser policies and state, local and federal rules and regulations. Example EMS management systems include process operations procedures, reporting and recordkeeping requirements, auditing and corrective action, quality assurance, and applicable environmental permit requirements.

MIM PHASE IV IMPLEMENTATION SCHEDULE

Weyerhaeuser plans to complete MIM Phase IV at Flint River according to the following schedule.³

Isothermal cooking:

Odor control system upgrade:

Energy steam reductions:

ISO 14001 Environmental Management System Implementation:

3.  FEASIBILITY STUDIES - MIM PHASE V

Feasibility studies of MIM Phase V Focus Areas will be prepared by Weyerhaeuser as part of its project under this FPA. Weyerhaeuser will share its plans for the feasibility studies, and the results of these studies when results are available, with Stakeholders and the Agencies . Weyerhaeuser agrees to openly discuss implementation of MIM Phase V with the Agencies and Stakeholders. As part of this FPA, Weyerhaeuser has accepted significant long term superior environmental performance goals in the following MIM Phase V areas: Bleach Plant Effluent

Reductions (50%), Solid Waste Reductions (50%), additional Energy Conservation (to be determined - 1997) and HAP emissions reductions .

The following describes Weyerhaeuser's current estimate of the process and technological evolution that Weyerhaeuser will investigate as part of the MIM Phase V Feasibility Studies.

BLEACH PLANT EFFLUENT REDUCTIONS

The MIM Phase V long term goal for Bleach Plant Effluent Reductions is to reduce bleach plant⁴ effluent flow⁵ to 10 cubic meters per air dried metric ton (ADMT) or less by the year 2006. The environmental benefits projected to be achieved by facility performance beyond the MIM Phase IV level include two MGD water use reduction, 50% reduction in effluent biological oxygen demand (BOD), chemical oxygen demand (COD), Color, total suspended solids (TSS), adsorbable organic halides (AOX) levels, and HAP emission reductions from

the bleaching process.

To reach this goal, Weyerhaeuser will conduct feasibility studies into management of water use and reductions, non-process elements, liquor loop corrosion and scaling effects, finished product quality, optimum bleaching chemistry, likely economic return, and multi-media environmental quality implications (e.g., air, water use, wastewater, solid waste, toxicity, energy). The proposed feasibility study elements and completion timelines are the following:

In connection with the reissuance of the facility's National Pollutant Discharge Elimination System (NPDES) permit in 2002, the Parties will review the findings of all these feasibility studies, and other pertinent performance and market information, and based on this information will jointly determine whether the volume of bleach plant effluent flow can be reduced by the facility on January 1, 2006 and the nature of and schedule for interim milestones (if any) preceding attainment of the agreed-upon goal for bleach plant effluent flow. The volume of bleach plant effluent flow, the interim planning, construction, and operational milestones, and a schedule for attainment of the milestones, all as determined by the Parties, will be included in a draft NPDES permit as enforceable permit conditions that will be provided for public review by the NPDES permitting authority along with a tentative decision to reissue the facility's NPDES permit.

SOLID WASTE REDUCTIONS

As the MIM Phase V long term goal for Solid Waste Reductions, process solid waste generation will be reduced by 50% as compared to the 1995 actual solid waste generation by the year 2006. The Pollution Prevention hierarchy for accomplishing this goal will be: source eliminition (engineering it out/do not create waste), in-process material recycle and reuse, material by-product reuse and material energy recovery. The projected environmental benefits beyond MIM Phase IV could include the following: source elimination of 75,000 tons/year of lime mud process waste, elimination of landfilling lime mud/clarifier sludge/power boiler ash, elimination of purchased lime for slaking operations, improved woodyield conversion into finished product, development of compost soil amendment by product and improved timberlands soil productivity from land application of mill residuals.

 

The proposed feasibility study elements and completion timelines are the following:

TIMBERLANDS RESOURCE STRATEGIES

Implement Weyerhaeuser Resource Strategies (includes water quality, wildlife habitat, soil productivity, aesthetics and forest products) on timberlands supplying Flint River Operations with wood and integrate these Resource Strategies into Flint River Operations' certified ISO 9002 system.

The expected environmental benefits from the implementation of the Weyerhaeuser Resource Strategies are improved surface water quality, improved wildlife habitat, improved soil productivity, improved landscape aesthetics and a better cellulose fiber product for the Flint River Operations.

By using our voluntary Resource Strategies, Weyerhaeuser foresters have identified stream-side management zones for the preservation of water quality and fish habitat. This includes:

Weyerhaeuser's foresters provide diligent care for company forestlands. This means a plentiful supply of healthy trees and homes for a wide variety of wildlife. Weyerhaeuser will continue to enhance wildlife populations within company owned forests by:

WATER USE REDUCTIONS

Continued minimization of raw Flint River water for process mill water use is a goal of our MIM approach. Reducing the non consumptive use of river water will result in a reduction of the quantity of treated process wastewater discharged back into the river. In addition to the potential two MGD water use reductions from the Bleach Plant Effluent study; the following other studies will be investigated:

ENERGY CONSERVATION

An energy conservation study will be performed to identify potential conservation practices and improvement opportunities for long term reductions in plant energy demand. Based on this study a long term goal for energy conservation will be determined and incorporated into this FPA. The potential environmental benefits expected from this study are a reduction in criteria air pollutants from the power boiler due to steaming rate reductions.

HAP EMISSION REDUCTIONS

Within six months of the promulgation of the applicable portion of the MACT rule for the pulp and paper industry, 40 CFR Part 63 Subpart S, EPA, GaEPD and Weyerhaeuser will perform a site MACT applicability assessment. This assessment will quantify the HAPs reductions required to be obtained by the facility under the MACT rule and will identify a timeline to obtain the reductions. Under this FPA, EPA agrees to propose for comment an approach under which Weyerhaeuser will be provided flexibility to demonstrate HAP emissions reductions using innovative pollution prevention approaches in lieu of, or in addition to, end of pipe HAP controls. Appendix Seven provides detailed accounting principles for HAPs emissions reductions. After the site MACT applicability assessment has been accepted by EPA and GaEPD, Weyerhaeuser will prepare a MACT Compliance Plan (MCP) in accord with Appendix Seven. The HAP emission reductions obtained by the facility, and the additional HAP reductions required, will be presented (among other data) in the facility's MCP.

The following list summarizes potential pollution prevention projects that may be investigated for HAPs emissions reductions:

If additional HAPs reductions are necessary, beyond those demonstrated by the pollution prevention approaches, an investigation of utilizing the existing Weak Gas Collection system for additional end-of-pipe control for HAPs reductions will be performed. The implementation timeline for the pollution prevention studies and potential end-of-pipe controls will be developed during the initial MACT applicability assessment and will be incorporated into the MCP.

VII. PROJECT XL PERFORMANCE TARGETS FOR FLINT RIVER OPERATIONS

One of the purposes of this FPA is to delineate the current level of performance at the Flint River facility and to display the performance goals included within Weyerhaeuser's Project XL plan. The baseline levels, i.e., the current level of performance, and Weyerhaeuser's Flint River Project XL goals, are provided in Tables Two and Three. Weyerhaeuser's goal is to meet the MIM Phase IV levels when the projects that comprise MIM Phase IV are constructed and fully optimized. (The implementation schedule is provided above.)

TABLE TWO

FLINT RIVER BASELINE PERFORMANCE AND MIM IV GOALS TO BE INCLUDED IN ENFORCEABLE PERMITS

TABLE THREE

FLINT RIVER BASELINE PERFORMANCE AND MIM GOALS THAT WILL NOT BE INCLUDED IN ENFORCEABLE PERMITS

VIII. PROJECT XL ACCEPTANCE CRITERIA

Weyerhaeuser's MIM vision for Flint River Operations, as provided by this FPA, meets EPA's Project XL criteria. See, 60 Fed. Reg. 27,287 (May 23, 1995). The criteria and the Parties' basis for stating that they are met, are summarized below.

A.  Environmental Results

EPA's first Project XL criteria states that projects should be able to "achieve environmental performance that is superior" compared to the performance that would be obtained through compliance with current and reasonably anticipated future regulations. Flint River Operation's MIM Phase IV will achieve superior environmental performance. For example, raw water usage will decline about 10%, BOD and TSS levels in treated wastewater discharges will be about 25% below the levels allowed by EPA's proposed Cluster Rule effluent guidelines (see, 58 Fed. Reg. 66,077 (December 17, 1993)), and solid waste generation will decline about 10% compared to Flint River's baseline. Weyerhaeuser's MIM Phase V goals include reducing bleach plant flow to at or below ten cubic meters/ADMT, reducing solid waste generation rate to 310 pounds/ADMT (baseline level - 690 pounds/ADMT) and developing and meeting energy use reduction goals. Additionally, this project will provide the flexibility to utilize pollution prevention approaches versus end-of-pipe-controls for HAPs emission reductions to a level that will meet or surpass the applicable MACT rule for the facility.

Flint River's "cleaner results" will be achieved directly through improved facility performance. These results are assured by Weyerhaeuser's goal in this FPA is to meet the numeric, measurable MIM emissions reduction levels provided in Tables Two and Three.

B.  Cost Savings/Paperwork Reduction

Implementing this project will reduce the number of reports and submissions required under current permits. (The Parties' detailed approach to reduce paperwork is provided in Appendix Eight.) At the same time Weyerhaeuser's agreement to provide an annual summary to Stakeholders and the Agencies will assure that data and analysis are made available to the communities most directly interested. Data will also be available upon request. Interested Stakeholders may directly contact the Plant Environmental Manager, Weyerhaeuser, Flint River Operations, PO Box 238, Oglethorpe, Georgia 31068.

C.  Stakeholder Support

The Stakeholders have evidenced their support of this FPA. Stakeholder Comment Letters are attached as Appendix One.

D.  Innovation/Multi-Media Pollution Prevention

EPA's pollution prevention criteria express EPA's "preference for protecting the environment by preventing the generation of pollution rather than by controlling pollution once it has been created". MIM is a classic pollution prevention strategy that fully incorporates EPA's preferred approach. This can be seen in Weyerhaeuser's willingness to set numeric goals for water use and solid waste reductions. Neither of those parameters at Flint River Operations is regulated by EPA.

Besides reducing the amount of raw materials needed to manufacture the same products, MIM Phase IV reduces wastewater discharges and air emissions. These reductions are achieved via installation of superior process equipment rather than through improved waste treatment.

E.  Transferability

Weyerhaeuser's MIM vision is transferable to other manufacturing concerns in the same industrial class. MIM already receives comment and discussion in publications and conferences that concern the forest products industry. Weyerhaeuser will use reasonable means (e.g., technical publications, conferences and workshops) to disseminate specific lessons about the Flint River MIM experience to the pulp and paper industry, subject to Weyerhaeuser's ability to protect proprietary or business confidential information against unauthorized disclosure.

F.  Feasibility

Weyerhaeuser has the financial resources to implement MIM at Flint River Operations. Weyerhaeuser has fully embraced the MIM approach to pollution prevention and Weyerhaeuser expects that the numeric MIM Phase IV and V goals will be met when the associated MIM feasibility studies are complete and MIM projects are fully optimized.

The Agencies, by signing this FPA, agree that they have the authority to put into effect the regulatory flexibility requested by Weyerhaeuser in this FPA as set forth in Table IX.A.

G.  Monitoring, Reporting and Evaluation

EPA's monitoring and reporting criteria articulate EPA's expectation that Project XL sponsors will make project information, including performance data, available to Stakeholders in a form that is easy to understand.

This FPA provides for monitoring, for reporting to the Agencies and Stakeholders, and for periodic performance evaluation. See, Section X.B. The means of reporting, semi-annual and annual reports and an annual meeting near the project site (with advance notice) and the availability of backup data on request (See, Section VIII.B.), should make Weyerhaeuser's project accessible. Further, Weyerhaeuser's MIM goals are numeric measures that can be easily expressed and compared to Flint River's baseline performance. Weyerhaeuser's schedule is clearly stated in this FPA.

H.  Shifting the Risk Burden

Implementation of MIM Phases IV and V will reduce emissions overall. No unjust or disproportionate shifting of the risk burden will occur.

IX.  IMPLEMENTING PROJECT XL FOR FLINT RIVER OPERATIONS

This Final Project Agreement identifies the administrative mechanisms that the Agencies intend to propose for public comment to implement Project XL for Weyerhaeuser's Flint River Operations. A variety of state and federal implementation mechanisms will be proposed by the Agencies, as provided in this Agreement and consistent with guidance provided for Project XL participants. The specific legal and administrative mechanisms planned to be proposed by the Agencies include, among others, modifications to Weyerhaeuser's NPDES permit and air quality permit.

Because the proposed Cluster Rule (58 FR 66077 (Dec. 17, 1993)) has not yet been finalized, some uncertainty exists today regarding the nature and the form of regulatory flexibility Weyerhaeuser may need to implement this XL project. Therefore, within 60 days of the promulgation of the final Cluster Rule EPA will meet with Weyerhaeuser to assess the impact of the final rule on this project. Within 60 days, EPA will propose for public comment enforceable mechanisms to implement the portions of this project affected by the final Cluster Rule, consistent with Table IX.A. (below) together with the referenced appendices. Table IX.A. represents the complete list of enforceable mechanisms identified by the Parties, and all of them will, if finalized, establish enforceable requirements. Should any party conclude upon review of the final Cluster Rule that additional or alternative enforceable mechanisms are appropriate to implement the project, the Parties will engage in good faith discussion regarding the necessity, feasibility, nature, and form of such mechanisms. Applicable legal requirements will remain in force until alternative compliance mechanisms (either rules and/or permit provisions) are in effect.

This FPA also sets forth MIM goals that Weyerhaeuser has adopted but that are not contained in enforceable regulatory mechanisms either proposed or in existence. Goals that are adopted but not enforceable are provided in Table IX. B., below.

IX. A. XL Implementation Mechanisms That Are Enforceable

WATER

IX. A CONT.

WATER USAGE

SOLID WASTE

IX. A CONT.

AIR

IX. B WEYERHAEUSER'S MIM GOALS THAT ARE NOT ENFORCEABLE.

ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

IX. B CONT.

WATER

SOLID WASTE

HAZARDOUS WASTE

IX. B CONT.

MIM PHASE V FEASIBILITY STUDIES

ENERGY

X.  PROJECT IMPLEMENTATION

A.  Legal Basis for Project Implementation.

This Agreement is intended to state the intentions of the Parties with respect to Weyerhaeuser' s Project XL proposal for Flint River Operations. The Parties have undertaken their commitments in this agreement seriously, in good faith, and intending to carry out their parts.

The FPA does not create legal rights or obligations and is not a contract or a regulatory action such as a permit or a rule and is not legally binding or enforceable against any Party. This FPA expresses the plans and intentions of the Parties without making those plans and intentions into binding requirements. This applies to the provisions of this FPA that concern procedural as well as substantive matters.

This applies to the procedural as well as the substantive provisions of the FPA. Thus, for example, the FPA establishes procedures that the parties intend to follow with respect to dispute resolution and termination under the Agreement. However, while the parties fully intend to adhere to these procedures, they are not legally obligated to do so.

Because this FPA does not create binding legal requirements, the Agencies intend to propose for public comment rules and permit provisions needed to implement portions of this project. The portions of this project that the Parties expect to be implemented through rules and permit provisions are identified in Table IX.A. Any rules or permit provisions that implement this project shall be enforceable as provided in, and to the same extent as, applicable law.. Weyerhaeuser intends to accept, and does not intend to appeal, the permits and rule amendments, adoptions and/or modifications set forth in section IX.A.; Provided that the permit and rule actions occur and go into final legal effect in the forms set forth in this FPA including the appendixes to this FPA. This FPA does not limit Weyerhaeuser's ability to comment on or to negotiate the terms of any permits or rule amendments or adoptions intended to implement portions of this FPA. Other than as provided in the rules that may be adopted to implement portions of this FPA, the parties do not intend that this FPA affect the applicability of future laws or regulations to the facility.

This FPA is not an agency "action" by the Agencies because this FPA does not create legal rights or obligations and is not legally enforceable.

No action or omission by any Party that is at variance with a provision or provisions of this FPA, or that is alleged to be at variance with a provision or provisions of this FPA, can serve as the basis for any claim for damages, compensation or other relief against any Party.

B.  Reporting

Annual Reports

Weyerhaeuser will provide an annual summary report to the individual and group Stakeholders identified above, and to the Agencies, and will make all backup data and reports available to the Stakeholders on request. The first annual report will be due December 15th. following effective date of this FPA. Succeeding annual reports will be due December 15th of each year during the life of this FPA.

In each annual report Weyerhaeuser will provide an annual summary of the environmental performance data including, without limitation, the data parameters covered in Tables One, Two, and Three and the MACT Compliance Plan, and will describe Weyerhaeuser's progress toward completing the MIM Phase IV implementation and MIM Phase V feasibility studies. An annual public meeting in the vicinity of Flint River Operations will be scheduled during the month of January of each year beginning January 1997. Reasonable advance meeting notice will be provided to the Agencies and Stakeholders. Weyerhaeuser will present the report to the Stakeholders at the public meeting

Mid-Year Reports

Weyerhaeuser will also submit a written report at mid-year. The mid-year report will update the environmental performance data, including the data parameters covered in Tables Two and Three, and will describe Weyerhaeuser's progress toward completing the MIM Phase IV implementation schedule and the status of MIM Phase V feasibility studies.

The mid-year report will be provided by June 30th for each of the first two years after FPA approval. After two years, and upon agreement by the Parties, reporting may be extended to annual reporting as described above. The mid-year report will be submitted to: EPA Region 4 Administrator; the Director, Georgia Environmental Protection Division; and the Director, Georgia Pollution Prevention Assistance Division.

Regulatory Reporting

One of the Parties' goals is to reduce the burden of unnecessary paperwork and obtain resulting cost savings without compromising the integrity of regulatory controls. In addition, the project is intended to simultaneously enhance the Stakeholders' ability to understand the environmental benefits of the project and track the facility's compliance with regulatory requirements and progress toward MIM goals. The preceding provisions concerning annual and mid-year reporting are provided, along with flexibility in regulatory reporting requirements proposed by Weyerhaeuser as outlined in Appendix Eight, to move toward attainment of these goals. Any reporting requirements not specifically identified in Appendix Eight are unaffected.

Use of Information

Nothing in this FPA reduces or affects Weyerhaeuser's rights to copyright, patent, or license the use of any proprietary or business confidential information or data contained in or created in the course of the implementation of MIM Phase IV or during the MIM Phase V feasibility studies.

C.  Unavoidable Delay

This section applies to provisions of this FPA that do not encompass enforceable, regulatory mechanisms. Enforceable mechanisms, such as permit provisions or rules, shall be subject to modification or enforcement as provided in applicable law.

"Unavoidable delay" for purposes of the project described in this FPA is defined as any event arising from causes beyond the control of any Party or Parties that delays or prevents the implementation of the project described in this FPA despite the Parties' best efforts to put their intentions into effect.. An unavoidable delay event includes, without limitation, delay arising from fire, unusual storm events, acts of war, vandalism, or legislative or judicial bars to performance.

When any event occurs that may delay or prevent the implementation of this project, whether or not it is unavoidable, the Party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Parties. Within ten (10) days of the Party providing initial notice of the event a written confirming notice will be provided. The confirming notice will include the reason for the delay, the anticipated duration of the delay, all actions taken to prevent or minimize the delay, and the party's rationale for considering such a delay to be unavoidable. The Party providing notice will include all available documentation supporting the claim that the delay was unavoidable.

If the Parties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties agree the Parties will document their agreement in a written amendment to this FPA. If the Parties do not agree then the following provisions for Dispute Resolution will be followed.

D.  Dispute Resolution

Any dispute which arises under or with respect to this FPA will in the first instance be subject to informal negotiations between the Parties to the dispute. The period of informal negotiations will not exceed twenty (20) days from the time the dispute arises unless that period is extended by a written agreement of the Parties to the dispute. The dispute will be considered to have arisen when one Party sends to the other Parties a written Notice of Dispute.

In the event that the Parties cannot resolve a dispute by informal negotiations, the Parties may invoke non-binding mediation by setting forth the nature of the dispute with a proposal for resolution in a letter submitted to the Regional Administrator for EPA Region IV. Prior to issuance of an opinion the Regional Administrator may request an additional, informal mediation meeting. If so requested, the Regional Administrator will attempt to resolve the dispute by issuing a written opinion.

Any opinion, verbal or written, expressed by the Regional Administrator will be non-binding.

Nothing in this section will be construed to alter the provisions of section X.F. Termination.

E.  Duration.

This FPA will be in effect for the period of 15 years, unless it is terminated earlier.

This FPA does not affect the term of any permit or rule or other enforceable regulatory mechanism that has a term fixed by applicable law or regulation.

F.  Termination.

In order to provide adequate notice of termination the Party wishing to terminate this FPA will provide a written notice of Termination to the non-terminating parties. Termination under this subsection will take effect sixty (60) days following receipt of Notice of Termination by all non-terminating parties. The Parties anticipate that a disputed matter that leads to a Notice of Termination will have been reviewed through the Dispute Resolution procedure in section X.D. Any party that receives a Notice of Termination may submit a Notice of Dispute to the Party that issued the Notice of Termination and, in that way invoke the Dispute Resolution provisions of section X.D., provided that matters already reviewed through Dispute Resolution will not be subject to further review and, provided further, that the Notice of Dispute must be issued within ten (10) days after the Notice of Termination was received.

G.  Effect of Termination.

Upon termination this FPA will no longer be an accurate statement of the Parties' intent.

The Agencies intend to pursue one of two options to give effect to the termination of this FPA. Under Option 1 any permit provision or rule proposed to implement the project described in this FPA would provide that it remains in effect after FPA termination until revised by the Agencies in recognition of the termination to reflect generally applicable requirements. Under this option, any permits that include provisions implementing this project will expressly authorize modification of such provisons upon termination of this FPA. Under Option 2 any permit provision or rule implementing the project described in this FPA would provide a dual set of requirements to reflect both project XL provisions and reflecting applicable requirements to go into effect at termination. Of course, at the time of termination the parties may jointly agree to propose an alternative to these approaches.

H.  Periodic Review.

The Parties will confer, on a periodic basis, to assess their progress in implementing Weyerhaeuser MIM vision in Flint River and in implementing this project. Unless it is agreed otherwise, the date for Periodic Performance Review Conferences will occur concurrently with the annual Stakeholders meeting.

No later than thirty (30) days following a Periodic Performance Review Conference, Weyerhaeuser will provide a summary of the minutes of that conference to all Stakeholders. Any additional comments of Stakeholders will be reported to the Agencies.

I.  Amendments

In the event that the periodic reviews indicate changes in this FPA or changes to regulatory mechanisms such as permits or rules are necessary to carry out the purposes of this FPA or Project XL, or to provide regulatory flexibility for Weyerhaeuser commensurate with Weyerhaeuser's superior environmental performance, the Parties agree to confer in good faith, to use their best efforts, to pursue appropriate amendments to this FPA and applicable permits or rules.

J.  Effective Date.

This FPA is effective on the date it is dated and signed by EPA's Regional Administrator for Region 4.

GEORGIA DEPARTMENT OF NATURAL RESOURCES

---

Footnotes:

¹ Weyerhaeuser, EPA and the State of Georgia, through EPD and P2AD, shall be referred to as the Parties. EPA and the State of Georgia, through EPD and the P2AD, shall be referred to as the Agencies.

[Return to main text]

² References to the FPA shall include all appendixes as well as the text of the document.

[Return to main text]

³ A reference to a calendar quarter is intended to mean the last day of the calendar quarter.

[Return to main text]

⁴ "Bleach plant" for the purposes of this FPA shall mean the bleach plant as defined in the proposed Cluster Rule, 58 Fed. Reg. 66,077, 66,187 (December 17, 1993).

[Return to main text]

⁵ "Bleach plant effluent" for the purposes of this FPA shall mean the bleach plant effluent as defined in the proposed Cluster Rule, 58 Fed. Reg. 66,077, 66,187 (December 17, 1993).

[Return to main text]

⁶ References are to calendar quarters.

[Return to main text]

⁷ This date is tentative, pending results of feasibility studies.

[Return to main text]

⁸ This date is tentative, pending results of feasibility studies.

[Return to main text]

⁹ Applicable regulatory requirements are unaffected for all regulated environmental parameters that are not listed in Table Two.

[Return to main text]

¹⁰ 5 Baseline conditions are derived from average monthly values for calendar 1993, 1994 and 1995.

[Return to main text]

¹¹ MIM Phase IV Goal for the monthly average water withdrawal is 10.18 MGD

[Return to main text]

¹² The BOD limit proposed in EPA's draft Cluster Rule, 4.83 lbs./ADMT, is provided for purposes of comparison.

[Return to main text]

¹³ The TSS limit proposed in the draft Cluster Rule, 8.58 lbs./ADMT, is provided for purposes of comparison.

[Return to main text]

¹⁴ Not Applicable.

[Return to main text]

¹⁵ The AOX limit proposed as an entry requirement for EPA's Tier I Incentives Program, for comparison, is 0.30 kg/kkg. 61 Fed. Reg. 36,850 (July 15, 1996).

[Return to main text]

¹⁶ The Agencies will propose for public comment the Enforceable Mechanisms identified here.

[Return to main text]

¹⁷ Target Date refers to the date the Enforcementable Mechanism is expected to be in effect following, per note 16141, subject to public notice and comment processes where required.

[Return to main text]

¹⁸ Weyerhaeuser's current NPDES permit will expire on 8/31/97 and probably will be reissued on 9/1/97. The parties expect that the 1997 permit will become effective 1-4 months after the reissuance date.

[Return to main text]

Local Navigation

• Office of Strategic Environmental Management
• Project XL Home
• Basic Information
• XL Projects
• XL Process
• Program Contacts

• EPA Home
• Privacy and Security Notice
• Contact Us