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Minnesota Pollution Control Agency (MPCA)

Minnesota XL Update

Minnesota Pollution Control Agency

February 1996

PROJECT XL MPCA MANAGEMENT REPORT

XL Legislation

The Environmental Regulatory Innovations Act was passed out of the House Environmental Committee to the House floor on 2/16/96. The legislation is currently on the floor of each House. Representative Ness will be asking Rep. Wagenius if she will support three small changes to the House language. If Rep. Wagenius agrees and after approval of the House version, the Senate will move the House version and a conference committee will be avoided. If Rep. Wagenius does not agree, then we will need to go to conference committee when the bill passes the two Houses.

Delegation Agreement with EPA

MCPA staff met with EPA staff regarding the two versions of the MOU on February 7th. The MPCA does not like the version EPA staff put together (too regulatory and threatening) and the EPA does not like the version MPCA staff put together (not regulatory enough). After discussing the issues we had regarding the two versions, EPA agreed that they would take another shot at drafting a third version of the MOU.

3M Hutchinson XL Project

EPA Region V and headquarters staff were in Minnesota on February 6th and 7th. On the 6th EPA visited the 3M Hutchinson plants, and 3M staff and Andy Ronchak answered questions during tours of the plants. That evening EPA staff attended a meeting of the local stakeholders group, 3M staff and Andy Ronchak. On the morning of February 7th, EPA, MPCA and 3M met at the agency to discuss the 3M pilot project. Like the MPCA, the EPA, had many questions especially in the area of the proposed air quality facility caps.

A need for clear communication in Project XL with the public and stakeholders was identified during discussion at the February 6th stakeholder's meeting. We decided to add a PIO person (Susan Brustman) to our 3M Hutchinson XL team.

On February 21st, the MPCA met with 3M and the U of M's P2 Research Group. We continued discussion on the Research Group's workplan for its third party independent evaluation of Minnesota's XL pilots.

MPCA staff met with 3M representatives from 8 to 2 on February 23rd to begin the negotiations for the 3M Hutchinson Minnesota XL permit. MPCA's Project XL team is attempting to have a draft permit prepared for the 3M facility by the end of March.

Susan Brustman and Lisa Thorvig attended the 3M Hutchinson stakeholder's meeting on February 27th. Additional discussion occurred on the air emissions cap. The stakeholders would like more information on what are safe levels of the emitted hazardous air pollutants. This will be the main issue for the March 12th meeting.

On February 29th, 3M presented its XL proposal including the emissions baseline and proposed air quality caps to the Pollution Prevention Dialogue's Pilot Project Committee (PPC). The PPC is the MPCA's stakeholder group regarding the public policy development of the Minnesota XL pilots.

Conceptual 3M Documents

Minnesota XL Covenant

I. Executive Summary
II. Regulatory Variance Description
III. EMS (based on ISO 14000) IV. Parties/Signators (EPA/MPCA/Company/Other) XL-MOU (non-enforceable document XL-Permit (MPCA issued enforceable document)

SUBJECT AREAS TO BE COVERED:
MEASUREMENT GOALS - air, water, HW, SW, P2, energy (need baseline for these), innovation, Market capture Administrative Savings, Public Participation, Demographic Analysis, Target Group Impact Analysis
RECORDKEEPING REPORTING
A. Internet format
MEASUREMENT DURATIONS
STAKEHOLDER/PUBLIC ROLE
CONFIDENTIAL INFORMATION
PROCEDURE

SUBJECT AREAS TO BE COVERED:
ISSUANCE AUTHORITY
MEDIA LIMITS - air water, HW, SW (need baseline for these) COMPLIANCE DETERMINATION/MONITORING
RECORDS
REPORTS
REOPEN REASONS AND
PROCEDURE NEW
CONSTRUCTION
AMENDMENTS
PERMIT
TERM PROCEDURE TO END PILOT
VARIANCE STATEMENT
GENERAL CONDITIONS

Other Potential XL Pilots
Andy Ronchak (XL) and Joe Carruth (HW) attended a meeting with US Filter in Roseville. The company reworked their initial proposal and will be resubmitting a project XL proposal. It looks like US Filter will become the 2nd Project XL pilot in Minnesota.

Andy Ronchak helped the City of Owatonna and the Steel County Safety Council prepare a grant application for the LCMR. The city and county intend to undertake a community wide Project XL pilot project. The pilot project will combine the sustainable communities effort being undertaken by Steele County with an OEA grant and the superior environmental performance at reduced time and cost concepts under Project XL. MPCA staff will be working with the community in the development of the proposal. An initial meeting will be held on March 8th in Owatonna. Dennis Sershen, Truth Hardware, is the current lead for the Owatonna Community XL project.

On February 22nd, the MPCA received a three page outline of a Project XL proposal from USS-MinnTac. The MPCA is putting together a staff team and will schedule a follow up meeting with the MinnTac representatives.

On February 23rd, Jon Bloomberg, representing Andersen Windows, contacted Lisa Thorvig to inform her that Andersen management is reviewing a draft XL proposal and if acceptable, the XL proposal will be submitted to us soon.

On February 12th, the MPCA received a letter from Brown Printing updating us on their consideration of a potential XL project. Currently the environmental manager has a recommendation to Brown's management for consideration. Brown would also like us to make an XL presentation to them in March.

Other XL Issues
Andy Ronchak was asked to attend a meeting for all states with XL projects in Atlanta on March 21 and 22. The meeting will be hosted by the National Governor's Association. The purpose of the meeting will be to identify problems in implementing XL and learn from each other's XL experiences to date.

Lisa Thorvig and Andy Ronchak presented Project XL during a session at the Solid Waste Conference on February 29th. Dave Wefring (3M) and Brett Smith (Sierra Club) also made presentations.


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