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Minnesota Pollution Control Agency (MPCA)

Public Notice of Permit Issuance


YOU ARE NOTIFIED that the Commissioner of the Minnesota Pollution Control Agency (MPCA) proposes to issue a MinnesotaXL permit to 3M Company for tape and coating manufacturing and related support activities in Hutchinson, Minnesota.

You are also notified that the MPCA Commissioner proposes to revoke, at the same time that the MinnesotaXL permit is issued, numerous MPCA permits that apply to 3M Hutchinson because the MinnesotaXL permit covers their subject matter. Finally, you are notified that the MinnesotaXL permit will contain variances to several MPCA rules (listed in the proposed permit). The facility address is: 3M-Hutchinson, 915 Highway 22 South, Hutchinson, MN 55350-2927.

The proposed MinnesotaXL permit would satisfy 3M-Hutchinson's obligation to obtain from the MPCA, for the facility as described above, an Air Emission Part 70 Permit under Minn. R. ch. 7007, a National Pollutant Discharge Elimination System/State Disposal System Permit for Storm Water Associated with Industrial Activity and with Construction Activity under Minn. R. ch. 7001, a Hazardous Waste Generator's License under Minn. R. 7045.0125, a Hazardous Waste Feedstock Approval under Minn. R. 7045-0125, subp. 5, and a Liquid Storage Facility Permit under Minn. R. chs. 7001 and 7100.

This is the first permit the MPCA has proposed under the state and federal regulatory reform experiment known as "Project XL." The MPCA was authorized by the 1996 Minnesota legislature to issue MinnesotaXL permits under Minnesota Statutes chapter 114C, the Environmental Regulatory Innovations Act. Under Project XL, the MPCA has developed a simpler,, less burdensome permit that is designed to achieve the following goals:

A. Achieve environmental performance that is superior to requirements in current and developing future environmental regulations;

B. Achieve superior environmental performance while allowing the permittee increased operational and administrative flexibility to reduce costs;

C. Encourage pollution prevention and environmental innovation; and

D. Facilitate stakeholder involvement in developing and monitoring performance under the permit.

In addition to the proposed permit, a Final Project Agreement describes the project and explains the basis for the permit action proposed by the MPCA, outlines the permittee's pollution prevention goals and the measurements being made to evaluate the success of the Project XL experiment, includes a list of the permits that the MPCA proposes to revoke when it issues the proposed permit, and includes a list of the variances to Minnesota Rules that the MPCA proposes to grant in the proposed permit. Although the Final Project Agreement also lists the federal regulations that need to be waived, the MPCA does not have the authority to waive federal regulations. The U.S. Environmental Protection Agency is reviewing the proposed permit and Final Project Agreement and will need to take independent federal action in order to approve the 3M Hutchinson project.

The MPCA has also developed a Technical Support Document that explains the basis for the air quality limits in the proposed permit.

The proposed permit establishes environmental release limits and requirements that include: facility-wide emission limits on regulated air pollutants from the facility, an extended time requirement on the accumulation of hazardous waste and requirements that govern stormwater discharges from the facility. The proposed permit also requires the development of an Environmental Management System, which will be a comprehensive set of environmental practices and processes designed to assure compliance and to track and improve environmental performance at the 3M Hutchinson facility. The proposed permit will last for ten years.

Copies of the proposed MinnesotaXL permit, draft Final Project Agreement and Technical Support Document are available upon request from the MPCA contact person listed below. Additional materials relating to the MPCA's proposed action are available for inspection at the

MPCA, Air Quality Division,
520 Lafayette Road North,
St. Paul, Minnesota 55155.

The MPCA contact person is:

Andrew Ronchak
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, Minnesota 55155-4194
Telephone: (612)296-3107
email: andrew.ronchak@pca.state.mn.us
FAX: (612)297-7709
TDD: (612)282-5332

The MPCA will hold a public informational meeting on the proposed permit on June 11, 1996 at 7:30 p.m. in the auditorium of the Hutchinson Middle School. The address of the Hutchinson Middle School is 1365 South Grade Road (southwest side of Hutchinson). The purpose of the public informational meeting is for the MPCA to describe the proposed permit and Final Project Agreement, and answer questions as well as solicit comments from the public. For persons with access to the internet the proposed MinnesotaXL permit, draft Final Project Agreement and Technical Support Document are available at the following location: http://www.pca.state.mn.us

The preliminary decision to issue the MinnesotaXL permit, grant the rule variances listed in the permit and revoke the other MPCA permits is tentative. There are four procedures for public participation in the MPCA's consideration of this matter. First, interested persons may submit written comments on the MPCA's proposed action. Interested persons who submit comments must explain: 1) the person's interest in the MPCA's proposed action; 2) a statement of the action the person wishes the MPCA to take, including specific references to the section of the proposed permit the person believes should be changed; and 3) the reasons supporting the person's position, stated with sufficient specificity to allow the MPCA to investigate the merits of the person's position. Second, interested persons may request that a public information meeting be held. Third, interested persons may petition the MPCA for a contested case hearing, which is a trial-like proceeding conducted by an Administrative Law Judge. Petitions for a contested case hearing must meet the requirements of Minnesota Rules part 7000.1800, a copy of which is available from the MPCA contact person. Fourth, interested persons may also request to appear before the MPCA Citizens' Board prior to the MPCA taking this proposed action. If no one requests an appearance before the MPCA Citizens' Board or requests a contested case hearing, then the MPCA Commissioner will make the final decision on this proposed action as allowed under Minnesota Statutes chapter 114C.

The public comment period starts on May 30, 1996 and ends on June 29, 1996. Comments, requests to appear before the MPCA Citizens' Board and requests for a public information meeting or contested case hearing submitted to the MPCA contact person during the comment period will be considered by the MPCA Commissioner. The MPCA will issue a final determination on this proposed action in a timely manner after the expiration of the public comment period.

DATED: , 1996 ____________________________
Charles W. Williams MPCA Commissioner


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