EPA v. 3M HUTCHINSON PLANT

Case summary

THE ORDER IMPLEMENTS PROCESS FOR 3M TO APPLY FOR ALTERNATIVE COMPLIANCE PLAN UNDER NATIONAL EMISSION STANDARDS FOR HAZAR DOUS AIR POLLUTANT EMISSION FROM MAGNETIC MANUFACTURING OPER ATIONS (MAGNETIC TAPE NESHAP). THE ALTERNATE COMPLIANCE PLA N REQUESTED BY 3M WOULD BE AN ALTERNATE TO 63.703(C)(4)(I). 3M HAS REQUESTED TO CONTROL HAP EMISSIONS FROM ALL MAGNETIC TAPE COATING OPERATIONS AT THE HUTCHINSON FACILITY BY AN OVE RALL HAP CONTROL EFFICIENCY OF AT LEAST 97% IN LIEU OF CONTR OLLING SOME MIX PREPARATION EQUIPMENT AND SOME HAP SOLVENT S TORAGE TANKS. THE SUME OF THE EMISSIONS FROM THE UNCONTROLL ED MIX PREPARATION EQUIPMENT AND HAP SOLVENT STORAGE TANKS S HOULD NOT EXCEED THE EMISSIONS FROM 10 HAP SOLVENT STORAGE T ANKS THAT DO NOT EXCEED 20,000 GALLONS EACH IN CAPACITY. TH E U.S. EPA HAS NOT TAKEN FINAL ACTION ON THE PROPOSED ALTERN ATE COMPLIANCE PLAN, BUT IS CURRENTLY PROCEEDING WITH AN INT ENTION TO APPROVE THE PLAN AS IT HAS BEEN PRESENTED BY 3M TO DATE. 3M HAS REPRESENTED THAT IT BELIEVES THAT IT CAN IMPL EMENT THE PROPOSED ALTERNATE COMPLIANCE PLAN TO MEET THE CON NITIONS SET FORTH ABOVE. FINAL APPROVAL OF THE PLAN WOULD R EQUIRE REVISIONS TO THE RULE THAT WOULD ALLOW SUCH AN ALTERN ATE COMPLIANCE PLAN. BY JANUARY 15, 1998, 3M SHALL SUBMIT TO THE U.S. EPA A DOCUM ENT THAT VCONTAINS ALL THE INFORMATION NECESSARY FOR U.S. EP A TO DETERMINE THAT 3M'S PROPOSED ALTERNATE COMPLIANCE PLAN WOULD MEET THE INTENDED EMISSION REQUIREMENTS. AT THE AFFEC TED EQUIPMENT, 3M SHALL COME INTO COMPLIANCE WITH ANY APPROV ED ALTERNATIVE COMPLIANCE PLAN OR RELATED RULE REVISION AS S OON AS PRACTICABLE AN IN COMPLIANCE WITH ANY DATE(S) REQUIRE D UNDER ANY SUCH PLAN OR REVISION, ANY SUBSEQUENT EPA ORDER, OR OTHER IMPLEMENTING MECHANISM. AS OF DECEMBER 15, 1997: AT ALLOTHER SUBJECT TANKS AND EQUIPMENT AT THE FACILITY, 3M SHALL COMPLY WITH THE REQUIREMENTS OF THE MAGNETIC TAPE NESH AP; AND AT THE AFFECTED EQUIPMENT, SHALL COMPLY WITH THE REQ UIREMENTS OF THE MAGNETIC TAPE NESHAP WHICH ARE NOT WAIVED U NDER THE PROPOSED ALTERNATE COMPLIANCE PLAN; AND SHALL MAINT AIN AN OVERALL HAP CONTROL EFFICIENCY OF AT LEAST 97% FOR AL L MAGNETIC TAPE COATING OPERATIONS. FOR THE 97% CONTROL EFF ICIENCY REQUIREMENT, 3M SHALL DEMONSTRATE COMPLIANCE, MONITO R, KEEP RECORDS, AND REPORT AS REQUIRED UNDER SUBPART EE, SP ECIFICALLY INCLUDING THE REQUIREMENTS AT 40 C.F.R.  63.703( C)(1) AND 63.703(C)(4)(I). IF, FOR ANY REASON, THE ALTERNAT E COMPLIANCE PLAN IS NOT GIVEN FINAL APPROVAL, AS CONTEMPLAT ED ABOVE, 3M SHALL BE IN COMPLIANCE WITH ALL OF THE REQUIREM ENTS OF THE MAGNETIC TAP NESHAP AT THE AFFECTED EQUIPMENT BY NO LATER THAN 180 DAYS AFTER BEING INFORMED THAT U.S. EPA HA S NOT APPROVED THE ALTERNATE COMPLIANCE PLAN.

Defendants (1)

• 3M HUTHCHINSON PLANTNamed in complaintNamed in settlement

Facilities (2)

• 3M MAGNETIC TAPE MANUFACTURING DIVISION

  905 - 915 ADAM STREET SOUTHEAST, HUTCHINSON, MN, 553509431

  Registry ID: 110000425059

• 3M MAGNETIC TAPE MANUFACTURING DIVISION

  905 - 915 ADAM STREET SOUTHEAST, HUTCHINSON, MN, 553509431

  Registry ID: 110000425059

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• 3M/HUTCHINSON PLANTentered 1997-12-01

  Primary law: CAA

Timeline (2 milestones)

• 1997-12-01Final Order Issued
• 1998-01-08Enforcement Action Data Entered