![[logo] US EPA](../gif/logo_epaseal.gif){kind=logo}
3M: Hutchinson, Minnesota
3M: C.A.T. Enforceability Language
Comparable Actions Test - Enforceable
Language
(To be placed in Part IV.B. of the permit)
Comparable Actions Analysis. The permittee and the MPCA shall complete an air quality regulatory analysis report of a comparison between the actual emissions of each pollutant listed in Section II.A.1, Tables 1 and 3, and the Comparable Action Emissions -- what those actual emissions would have been if comparable actions would have occurred under all of the existing requirements of the Clean Air Act. Any activity that would have required PSD or New Source Review, would require action because of new regulations, or which resulted in a voluntary reduction in emissions shall be specifically delineated in the analysis. Table X describes how each individual comparable action will be handled. The regulatory analysis report shall be completed on April 1, 1999; April 1, 2000; April 1, 2001 and in conjunction with the reissuance of this permit. If actual emissions from the facility in tons per year are greater than emissions under the comparable actions test, the permittee shall do the following:
1. Within 60 days of the report, explain to the MPCA why the facility's actual emissions are greater than emissions under the comparable actions test, and report the exceedence and explanation to the permittee's stakeholders and EPA no later than the next scheduled stakeholder meeting; and
2. If actual emissions are greater than emissions under the comparable actions test by less than a de minimis amount or the exceedence is the result of startup, shutdown or the emergency. "Emergency" means any situation arising from sudden and reasonably unforseeable events beyond the control of the permittee, including an act of God, that unavoidably increases emissions and that requires immediate corrective action to restore normal operation at the facility; or
3. If actual emissions are greater than emissions under the comparable actions test by more than a de minimis amount or were not the result of a startup, shut- down or an emergency as defined in Part 2, the permittee shall, within 90 days: (a) submit a plan to the MPCA to reduce actual emissions from the facility in an amount to offset, during a period not to exceed twelve months from plan approval, the emissions that were greater than emissions under the comparable actions test. Upon approval by the MPCA, the permittee shall implement the plan; or (b) if the permittee must install control equipment or undertake other pollution prevention or reduction activities to prevent future emissions greater than emissions under the comparable actions test, the permittee shall submit a plan to the MPCA which plan demonstrates a commitment to reduce actual emissions from the facility to or below the level of emissions under the comparable actions test during a period not to exceed twelve months from plan approval. Upon approval by the MPCA, the permittee shall implement the plan.
4. If the permittee fails to meet any requirements of Part 1 or 3, or fails to substantially implement an approved plan under Part 3, the permittee is in "significant noncompliance" with the MinnesotaXL permit within the meaning of Minn. Stat. Section 114C.12, subd 5(1). The MPCA may amend the permit, revoke the permit, or enforce the permit in any manner provided by law.
Table X
Comparable Actions
For each activity after 9/1/96 which would have, under the CAA, required PSD or NSR review, been subjected to newly promulgated regulations, produced a voluntary reduction in emissions or resulted in lower emissions than required under the CAA, the Comparable Actions Analysis will include an addition or subtraction from the actual facility emissions according to the following table. (In all cases a difference between two emission levels is numerically an absolute value.)
New Emission Sources
Emissions greater than regulatory limit emissions
Subtract the difference between the actual emissions and the emissions that would occur if comparable production occurred from an emission source operating at the regulatory limitation.
Emissions below the regulatory limit emissions
Add the difference between the actual emissions and the emissions that would occur if comparable production occurred from an emission source operating at the regulatory limitation.
Modified Emission Sources
Emissions greater than the emissions resulting from the regulatory limits imposed by the modification
Subtract the