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Minnesota Pollution Control Agency (MPCA)

Outline for Revised Final Project Agreement

May 8, 1996

Outline for Revised Final Project Agreement

I. Introduction

II. Project Description

III. Development Process

IV. XL Criteria Evaluation and Measurements to Determine Success

V. Goals and Measurements for Environmental Improvement

VI. Activities to be Completed

VII. Legal and Enforcement Mechanisms

MINNESOTA XL-FINAL PROJECT AGREEMENT (FPA)

describing the covenant between


the Minnesota Pollution Control Agency

the Environmental Protection Agency

and 3M

DRAFT

May 1, 1996

Table of Contents

PART DESCRIPTION PAGE # I Executive Summary II Regulatory Authority III 3M Hutchinson Facility Overview IV Environmental Management System (EMS) Summary V Parties/Signators VI MinnesotaXL-3M Hutchinson Project Management A. Description B. Overview: Goals and Measurement of Environmental Improvement C. Recordkeeping D. Reporting E. Measurement Duration F. Uncompleted Activities G. Stakeholder/Public Participation H. Certification Process for Confidential Information ATTACHMENT 1 - April 1996 Environmental Assessment Worksheet ATTACHMENT 2 - Goals and Measurement detailed discussion

PART 1. Executive Summary

The MPCA is the lead regulatory agency and is delegated the authority to develop and implement MinnesotaXL Final Project Agreements, and MinnesotaXL permits. As the lead agency, the MPCA drafted this Final Project Agreement (FPA) with the 3M Company's Hutchinson facility ("3M Hutchinson" or "facility") following the principles for implementing the federal initiative Project XL published in the Federal Register on May 23, 1995, 60 Fed. Reg. 27,282 (1995). The MPCA also used the USEPA guidance for developing MinnesotaXL Final Project Agreements entitled "Principles for Development of Project XL Final Project Agreements."

In a Project XL proposal approved on November 3, 1995, the MPCA requested delegation authority to develop and implement three to five MinnesotaXL pilot projects. In contrast with regulatory agreements of the past, this FPA is an experiment with regulatory agreements that are non-prescriptive, do not use command and control approaches, are based on trust, and are written with the assumption that participants will succeed in attaining or exceeding the pilot project goals. MinnesotaXL pilots will be conducted on a voluntary basis. This FPA and the attached MinnesotaXL Permit with 3M Hutchinson is the first pilot project under the Minnesota delegated program.

This MinnesotaXL pilot project has the following three key goals:

  1. measurable improvement to the environment;
  2. reduced regulatory burden; and
  3. enhanced methods for obtaining stakeholder input.

The following is a description of how each goal is being addressed in this agreement.

  1. Measurable Improvement to the Environment
    1. 3M Hutchinson is committing to keep emissions and discharges below levels that were established at the time of permit issuance. For volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) in particular, these levels represent superior environmental performance.
    2. 3M Hutchinson is committing to install Best Achievable Control Technology on existing air emission units emitting about 100 tons per years of Volatile Organic Compounds (VOC) and on new air emission units emitting about 40 tons per year of VOC.
    3. 3M Hutchinson is committing to keep emissions below levels which show chronic adverse health impacts.
    4. 3M Hutchinson is committing to develop environmental goals in other media in the Environmental Management System.
    5. As it has in the past, 3M Hutchinson is committing to continuous improvement in reducing the rate of total waste generated at the facility per unit of production. Reduction will occur at the source wherever feasible.
    6. (Relative to NSPS - awaiting 3M language)

2) Reduced Regulatory Burden

  1. 3M Hutchinson will be allowed to construct, modify and operate the facility without permit amendments as long as the facility remains in compliance with the attached MinnesotaXL permit.
  2. 3M Hutchinson will be allowed to comply with most reporting requirements by posting the reports on the internet.
  3. 3M Hutchinson and the MPCA will develop a combined database for meeting required annual submissions.
  4. (Awaiting new 3M language) 3M will develop a Environmental Management System incorporating sufficient emergency preparedness plans, many of the current compliance requirements, operation and maintenance procedures, training procedures; and recordkeeping requirements.

3) Enhanced Methods for Obtaining Stakeholder Input

  1. 3M Hutchinson has been meeting with a local stakeholder group regularly on this project since June 1995.
  2. 3M Hutchinson and the MPCA have participated in many community outreach activities to help educate the community on the project including a local cable television show, radio shows, and newspaper interviews.
  3. The MPCA has a third party multi-stakeholder group which has helped develop policies to implement pilot projects. This group is referred to as the Pilot Project Committee (PPC). PPC members represent academia, industry, environmental advocacy groups, government, law firms, and environmental consulting firms.
  4. 3M, EPA, and the MPCA will have internet homepages where interested parties from Minnesota, as well as any place outside Minnesota, will be able to easily access user-friendly information about 3M Hutchinson's performance under this agreement.

Part II. Regulatory Authority

The State of Minnesota is entering into this agreement with the Environmental Protection Agency and 3M Hutchinson pursuant to Minnesota Statute 114C, Sections 1 through 25, and the federal initiative Project XL published in the Federal Register on May 23, 1995, 60 Fed. Reg. 27,282 (1995).

Part III. 3M Hutchinson Facility Overview

A. Facility Description.

3M Hutchinson has been manufacturing products for 3M since 1947 when 3M acquired the property. The site has continued to grow since that time, and currently is 3M's largest US manufacturing facility, employing approximately 2000 people. The site is divided into two distinct buildings. One building manufactures magnetic tape and the other manufactures adhesive tape. Some of the magnetic plant products include professional and consumer video tapes and microabrasives. At the adhesive tapebuilding, products include office and consumer transparent tapes, electrical tapes, and mail tapes. Both buildings employ similar manufacturing technologies including coating, compounding, slitting, winding, packing, and molding. In addition, the adhesive tape plant uses extruding and calendering technologies.

3M Hutchinson will be making many manufacturing changes over the next several years as it phases out of the magnetic tape industry and brings in other 3M product lines. Although 3M Company manufactures a wide range of products, from sandpaper to medical products to electronic components, 3M Hutchinson is likely to continue to manufacture products consistent with the technologies currently employed at the site. Two new product lines have already been announced for the site, repositionable tape flags and surface mount supplies. Both of these products are manufactured using technologies consistent with those described above. Possible construction projects which individually might require a Environmental Assessment Worksheet (EAW), as a result of air emission increases, could be anticipated at the site. Any environmental impacts resulting from the construction will be in compliance with the MinnesotaXL permit. Until the MinnesotaXL permit is issued, 3M Hutchinson will follow existing regulatory requirements. As an example, construction of an annex onto the 3M Hutchinson plant may occur in 1996. It is anticipated that emission equipment associated with any construction activities will not be installed in 1996.

B. Facility Background

There are currently two buildings at the 3M Hutchinson facility. The north building produces magnetic tape and the south building produces adhesive tape. The site was purchased as a World War II surplus hemp plant, and 3M began adhesive tape production at the site in 1947. Magnetic tapes were first produced at the site in 1956. Expansions, by building, are listed below:

South Building 1947 3M purchased surplus Hemp Plant from US Government. Four smaller buildings added. 1951 Building 11, Warehouse and Production 1959 Building 15, Warehouse and Production 1965 Coating Wing 1969 Compound Wing, Molding Room additions Buildings 19 and 31, Warehouse and Production space 1974 Building 33, Red Label Building 1981 High Rise Warehouse 1986 Office addition 1992 Warehouse consolidation project

North Building Construction History 1956 Magnetic tape plant built. 1966 Production Addition 1985 Office Addition 1990 Solvent Recovery Unit 1991 Molding 1991 South Docks 1991 Fairgrounds purchased 1991 Above ground tank farm

3M purchased the former McLeod County Fairgrounds in 1991. To date, 3M has not developed this property.

Contaminated ground water is currently being remediated at the former underground tank farm at the 3M Hutchinson facility. Concentrations of benzene, ethyl benzene, cyclohexanone, ethanol, methanol, toluene, and xylenes were detected above Recommended Allowable Limits (RAL), where RALs exist, in one or more samples from monitoring wells. 3M Hutchinson is remediating the area through ground water recovery. Water is recovered through two wells and is discharged directly to the City of Hutchinson's Wastewater Treatment Plant. Remediation is currently being performed and will continue to be performed according to MPCA requirements. MinnesotaXL does not encompass this remediation work, and it will continue independently of MinnesotaXL.

C. Environmental Impacts from the 3M Hutchinson Facility

In April 1996 an EAW was completed for this site. The EAW outlines in some detail the environmental impacts and projected impacts from the facility. The worksheet is included as Attachment 1 to this document.

In part, the EAW was prepared to address the regulatory flexibility granted to 3M Hutchinson under its MinnesotaXL permit. Prior to the issuance of the MinnesotaXL permit, the EAW addresses any construction permitted under the current regulatory system. All such permits will be incorporated into the issued MinnesotaXL permit.

Part IV. Environmental Management System (EMS) Summary

The EMS will be completed under the schedule outlined in Part V.F. Upon completion the EMS will be considered an integral part of this document. The following is an outline of what the EMS for the 3M Hutchinson facility will contain.

A. Environmental Policy

The 3M Corporate environmental policy is communicated to facility personnel and is available to the public by request or via the Internet 3M Homepage http://www.3m.com.

B. Environmental Aspects

An ongoing procedure is in place to identify environmental aspects associated with the facility's activities which the facility can control. These significant aspects are considered in setting facility objectives and targets.

C. Legal and Other Requirements

Procedures are in place to identify legal and other requirements applicable to environmental aspects of the organization's activities, products and services.

D. Objectives and Targets

Documented objectives and targets have been set by site personnel to address facility specific significant environmental aspects and overall 3M environmental policies.

E. Environmental Management Program

An environmental management program to achieve the objectives and targets is in place. Procedures are in place to determine if facility changes might affect the site's ability to meet the objectives and targets, or create significant environmental aspects. Responsibilities are defined and time frames for implementing these activities are documented.

F. Structure and Responsibility

Environmental management system functions are defined, documented and communicated. Facility management is committed to providing adequate resources for the effective implementation of the environmental management system. A management representative has been appointed to ensure that the environmental management system is implemented and maintained.

G. Training, Awareness and Competence

Environmental training needs are defined and training is conducted for all personnel whose work could create a significant environmental impact. Roles and responsibilities are assigned and procedures are in place to assure that employees are aware of the importance of conformance with the environmental management system and how their work activities may impact the environment.

H. Communications

There is a documented process for handling and documenting internal and external communications related to environmental performance expectations, responsibilities, and concerns.

I. Environmental Management System Documentation

The facility maintains documentation describing the core elements of the environmental management system, how these elements interrelate and reference other relevant supporting documents.

J. Document Control

Procedures are in place to ensure that documents associated with the environmental management system are available and can be easily located. It ensures that documents are current, periodically reviewed, revised as necessary, retained for appropriate reasons and length of time, and approved for adequacy by authorized personnel.

K. Operational Control

Procedures are in place to determine which site activities are associated with the significant environmental aspects. Documented procedures have been established and maintained to adequately control activities which could lead to deviations from the environmental policy or objectives and targets. These procedures also address the responsibilities of contractors and suppliers associated with the facility's significant environmental aspects and are communicated to the appropriate contractors and suppliers.

L. Emergency Preparedness and Response

Written emergency response plans are in place to identify, plan for, and properly respond to emergency situations. These plans are periodically reviewed, tested, and revised as appropriate.

M. Monitoring and Measurement

Procedures are in place to measure and monitor activities that can have a significant environmental impact, including the tracking of environmental performance and overall conformance with facility objectives and targets. Monitoring equipment calibration and maintenance procedures are documented and test results maintained. Procedures are in place to assure compliance with environmental regulations, company policies and other commitments.

N. Non-Conformance, Corrective/Preventive Action

A corrective action plan which defines responsibility for handling, investigating, and correcting of non-conformance including documenting changes to procedures that result from corrective and preventive actions is in place.

O. Records

A recordkeeping system is in place to identify, maintain, and archive environmental records. Appropriate records are maintained to demonstrate conformance with the environmental management system. This system includes record retention times and ensures that records are legible, identifiable, readily retrievable, and are protected against damage and deterioration.

P. Environmental Management System Audit

A process to periodically audit the environmental management system which address the audit scope, frequency, methodologies, responsibilities, and requirements for conducting audits and reporting results is in place.

Q. Management Review

Top facility management periodically reviews the environmental management system to ensure its continuing suitability, adequacy, and effectiveness. These documented reviews cover environmental management system audit results and considers the need for changes to the policy, objectives, and other elements of the environmental management system.

Part V. Parties/Signators

This FPA will be signed by 3M, the Minnesota Pollution Control Agency (MPCA), and the Environmental Protection Agency (EPA). The attached MinnesotaXL permit will be issued and enforced by the MPCA under Minn. Stat. 114C.

Part VI. MinnesotaXL - 3M Hutchinson Project Management

A. Description

This part describes a formal agreement between 3M Hutchinson and the MPCA concerning implementation procedures, principles for tracking and reporting of performance, determining cost and regulatory burden savings, and facilitating and evaluating processes for continuing stakeholder input. Items tracked will be directly related to determining the success and to help facilitate transfer of lessons learned to future projects.

B. Overview: Goals for, Measurement of Environmental Improvement

A detailed discussion of goals and measurement methods to determine actual performance is included in Attachment 2. The EMS, when completed, will include a detailed section on goals and objectives for the facility. The EMS and therefore the goals section will be constantly updated in an effort to gain continuous environmental improvement. Specific goals will be developed according to the following framework, and will be documented in the EMS.

  1. Goal Framework
    1. 3M will evaluate all opportunities for preventing or reducing pollution, using the waste management hierarchy and starting with source reduction.
    2. The facility will establish site-specific 3M waste ratio goals to meet corporate reduction objectives.
    3. Wherever possible, reduction goals will be based on the expected outcomes of specific manufacturing or environmental improvement projects.
    4. Wherever feasible, the facility will set goals for projects' expected reductions of Toxic Chemical Release Inventory (TRI) chemicals released to air, water and land.
    5. Evaluate the feasibility of establishing, and if feasible, set reduction or efficiency improvement goals for
      • energy and water use,
      • criteria air pollutants and conventional water pollutants, and
      • solid waste related to manufacturing.
    6. Develop avenues of communication to make the company's research and development organization aware of and influenced by facility environmental priorities and objectives.
    7. For both existing and new products, maximize recyclability and minimize environmental impacts following consumer use of product.

2. 3M Hutchinson Measurement

This section summarizes key measurement criteria for determining the success of this pilot. The following notes are important background to the measurement framework:

Measurements:

  1. The facility will report the corporate waste ratios (division, facility, or other) of its choice.
  2. The facility will report the planning and inception of projects it expects to have environmental impacts, including
    • a brief, generic description of the project
    • if the project will have source reduction, in- or out-of-process recycling or treatment effects
    • project start date and/or date of first impact
    • wherever possible, the project's expected impact on normalized waste output (speciated by chemical, if feasible)
  3. The facility will briefly describe each project that was considered but was rejected or delayed as infeasible, and will outline the reasons why the project was not feasible.
  4. The facility will describe if and how projects were enabled by MinnesotaXL, and it will propose an enabling factor, expressed as a percentage.
  5. The facility will combine elements of Sections 5, 6, and 8 of TRI reporting to describe, where applicable:
    • each project's effect on environmental releases of TRI chemicals
    • the facility's overall progress on environmental releases of TRI chemicals
  6. Where data is readily available, the facility will report water use, energy use, solid waste generation and a product-to-packaging ratio.

C. Recordkeeping

3M Hutchinson will maintain and retain all records as described in the Environmental Management (EMS).

D. Reporting

1. Internet

Unless otherwise specified reporting requirements can be met by placing the required report on the 3M internet homepage. This does not limit the MPCA from requesting and reviewing records as necessary to verify compliance information. When reporting information on the internet 3M Hutchinson shall attempt to make the front page as user friendly as possible through the use of charts and graphs.

2. Prior to Internet Development and Internet Back-up

Until internet access is fully developed, or in the event of internet interface failure the MPCA may request 3M Hutchinson to provide a copy of the information to the MPCA and to the local library (or other outlets determined by 3M's local stakeholder group).

3. Annual Report

3M Hutchinson shall develop an annual report to place on the internet and send to stakeholders. The first annual report shall be completed by April 1, 1998. The annual report shall at a minimum include a description of the goals and measurements of 3M Hutchinson performance under the FPA and the MinnesotaXL permit.

4. Other Reporting

3M shall submit substantive EMS changes to the MPCA for approval.

E. Measurement Duration

Insert Description of Analysis at 2, 5, and 9 year point.

F. Uncompleted Activities

ACTIVITY DESCRIPTION FINALIZE EMS COMBINED EMERGENCY RESPONSE PLANS COMBINED REPORTING AND FEE STATEMENT

G. Stakeholder/Public Participation

1. Role

3M Hutchinson and the MPCA shall update the stakeholders on a annual basis through at least a verbal presentation and question/answer time on the 3M Hutchinson performance under the FPA and MinnesotaXL permit. The MPCA shall public notice the FPA and the MinnesotaXL permit prior to issuance and for any amendments required by reopening for at least 30 days. The MPCA shall experiment with ways to more effectively reach out to interested parties during the public notice period.

Initially the MPCA anticipates using some existing notification tools such as the Minnesota State Register, local newspaper(s), or direct mailing notifications. However, in addition to the MPCA intends to place an electronic version of the Environmental Assessment Worksheet, the Final Project Agreement, and the MinnesotaXL Permit on the MPCA internet at the following address:

homepage at http://www.pca.state.mn.us.

In addition, the MPCA project manager intends to receive comment via mail, fax, or internet mail at:

Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN 55155
voice 612-296-6300
fax 612-?????
andrew.ronchak@pca.state.mn.us

2. Evaluation (to be developed)

H. Certification Process for Confidential Information (awaiting new 3M language)

For information considered confidential by 3M Hutchinson, submittal to the MPCA shall be made in compliance with Minn Stat. __________, and submittal to the EPA shall be made in compliance with ___________. Upon the request of information deemed to be confidential by 3M Hutchinson, the MPCA and 3M Hutchinson agree to attempt to determine alternative methods to gain information in a publicly available manner.

ATTACHMENT 1
ENVIRONMENTAL ASSESSMENT WORKSHEET

ATTACHMENT 2
GOALS AND MEASUREMENTS

Goals - General Statement
Reflecting corporate ideals and the MinnesotaXL permit goal of continually increasing the efficiency of production, 3M Hutchinson is committed to striving towards source reduction, recycling and pollution control goals (in descending order of preference). Goal-setting may be on a chemical-specific basis for feasible source reduction strategies with multimedia benefit, or it may be on another appropriate basis which meets the environmental and business objectives of 3M Hutchinson. However source reduction and other environmental improvement goals are set, they must be verifiable.

3M Hutchinson is committing to continuing its environmental improvement efforts over the ten-year life of the MinnesotaXL Permit. This will be accomplished primarily through the implementation of an ISO 14001-based environmental management system (EMS) which will define and document objectives and targets which will be set by site personnel to address facility specific significant environmental aspects and overall 3M environmental policies. Objectives and targets will not increase overall negative impact on the environment, the local community, or worker health and safety, or transfer, directly or indirectly, pollution impacts between the air, water, and land, or into the product.

3M Hutchinson commits to evaluating the feasibility of establishing goals for reducing solid waste generation, energy use, water use, and criteria air and conventional water pollutants. 3M Hutchinson will set goals in these areas where feasible. In addition, 3M Hutchinson will work to communicate the facility's environmental priorities and objectives to the company's research and development organization. One purpose of this effort will be to maximize recyclability of products and minimize their environmental impact following consumer use.

Goal-Setting - Specific Procedure
In its annual report, 3M Hutchinson will provide goals for changes in environmental impact. Goals will be:

3M Hutchinson will evaluate goals at least every two years, and will restate them if necessary. Goals 3M Hutchinson will consider include:

  1. changes in overall waste ratio;
  2. source reduction, reflected by normalized reductions in "waste generation" figures;
  3. in-process recycling, reflected by normalized increases in "in-process recycling" figures;
  4. other reuse and recycling, reflected by normalized increases in "other reuse/recycling" figures;
  5. energy recovery, reflected by normalized increases in "energy recovery" figures;
  6. treatment, reflected by normalized increases in "treatment" figures.
  7. normalized reductions in criteria air or categorical water pollutants;
  8. normalized reductions in all solid waste generated
  9. assigning the source reduction or in-process recycling goals in #2 and #3 above to environmental pathways (stack and fugitive air, wastewater, chemical/hazardous waste);
  10. determining the possibility of setting goals for normalized reduction of energy and water use;
  11. measuring other economic, management, environmental or workplace impacts resulting from MinnesotaXL as identified by MCPA and 3M Hutchinson, such as
    • changes or innovations in plant management
    • administrative cost savings
    • market-related benefits
    • opportunity costs
  12. developing a program for communicating the facility's environmental priorities and objectives to the company's research and development organization.

Introduction to Measurement Section

Based on their identification of common needs, MPCA and 3M Hutchinson have five overarching goals for collecting data for analyzing pollution prevention progress in MinnesotaXL pilots:

  1. tap into existing data streams wherever possible;
  2. minimize the burdens associated with collecting any necessary additional data;
  3. understand pollution prevention and other types of activities affecting environmental impact, and;
  4. tie the effect of having MinnesotaXL conditions in place as closely as possible to environmental impact (based on reported data);
  5. minimizes the need for confidential information.

In general, 3M Hutchinson will continue to collect the data necessary to assemble and publicize their waste ratio, MPCA will use some elements of the waste ratio, the Toxic Chemical Release Inventory, and other reporting and data collection routines to conduct its own analysis of 3M Hutchinson's progress during and associated with the MinnesotaXL agreement. This analysis will include both data and narrative in order to describe progress to its stakeholders.

The remainder of this section describes an information "chain" designed to link environmental projects to changes (increases or reductions) in waste outputs, and correlate those changes to the influence of MinnesotaXL.

Projects Having Environmental Impact

3M Hutchinson will publish an annual report to internal and external stakeholders describing projects affecting environmental performance. Other data elements and description detailed in this section or elsewhere may be included as part of this annual report. Projects will be measured for a calendar year. Projects initiated in a previous year, and still under way, and for which measurement data is readily available, will be updated annually. The report will describe new projects being implemented at the facility, including at least the following elements:

  1. a general description of the project;
  2. where it is expected to show results (a control technology installation would have observable impact in the "Treatment" column in the table above, the impact of a process reformulation project should appear in the "Waste Generation" column);
  3. the baseline year and baseline amount - the baseline year for each project will be the most recent reporting year before a completed project began to have an impact;
  4. if available, the expected impact on waste output described in engineering justifications of the project (these could also serve as project/pollution prevention goals). Chemical-by-chemical analysis will be provided for projects where the data is readily available;
  5. the actual impact on waste output. Chemical-by-chemical analysis will be provided for projects where the data is readily available;

The effect of partial-year or multi-year projects will be annualized wherever possible. The facility will briefly describe each project that was considered but was rejected or delayed as infeasible, and will outline the reasons why the project was not feasible.

3M Hutchinson may add elements to the annual report as it sees fit. Projects may entail production expansion, meaning an overall increase in waste output, in which case the report can also consider the expected production-normalized efficiency of the new project.

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