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Home My WebLink About2012-04-18 PACKET 08.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 4/18/12 PREPARED BY Engineering Department Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider authorizing distribution of comment letters to USEPA, MPCA and Washington County in regards to the 3M Incinerator Permits. STAFF RECOMMENDATION Authorize distribution of comment letters to USEPA, MPCA and Washington County in regards to the 3M Incinerator Permits. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Letters: Washington County Board of Commissioners, April 18, 2012 United States Environmental Protection Agency, April 17, 2012 MPCA Commissioner, April 17, 2012 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS ffy Administrator ate COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER H:\tanderson \COUNCIL FORMS \COUNCIL 2012 \Council 4 -18 -12 \Council Action Form East Point Douglas Feasibility Report.doc .City of aotta Grove Department of Public Works Minnesota 8635 West Point Douglas Road South / Cottage Grove, Minnesota 55016 -3318 w .cottage - grove.org April 17, 2012 Paul Aasen MPCA Commissioner Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 -4194 Subject: 3M Corporate Incinerator USEPA ID Number: MND 006 172 969 Dear Mr. Aasen: 651 -458 -2806 Fax 651 -458 -6080 TDD 651- 458 -2880 The City of Cottage Grove is grateful to the Minnesota Pollution Control Agency for their efforts to minimize the environmental impacts from the 3M Corporate Incinerator operated in the City of Cottage Grove. In particular we appreciate that the MPCA proposes to include restrictions in the 3M Corporate Incinerator's Hazardous Waste Storage and Treatment Facility Permit (the "Hazardous Waste Permit ") which regulate the treatment of materials generated at non -3M sources. These provisions, which were requested by the City of Cottage Grove to address the concerns of our citizens include the following: 1) 3M is prohibited from accepting payment or other compensation for management of wastes generated by non -3M sources 2) 3M is limited to processing a maximum of 400,000 Million BTUs per year of hazardous wastes from non -3M sources. 3) 3M is limited to manage bulk hazardous wastes from non -3M sources within the United States that have one of the following waste codes: D001, F001, F002, F003, F005 (i.e. bulk solvent waste codes). 4) 3M is allowed to manage controlled substance wastes from Minnesota law enforcement agencies that have been seized or collected as a result of law enforcement activities. 5) 3M is required to update the Human Health Risk Assessment conducted for the incinerator to meet USEPA's revised Human Health Risk Assessment guidance documents. 1I Pae° EQUAL OPPORTUNITY EMPLOYER We agree with MPCA's proposed improvements to the 3M Waste and Feedstream Analysis Plan, particularly those provisions that add requirements to test, monitor and evaluate all incoming wastes that were generated at non -3M facilities. We also support the Draft Air Permit's reduced allowable emission rates for several pollutants including total particulate matter, mercury, lead, cadmium, chlorine, arsenic, beryllium, and chromium. Because of these provisions, the City of Cottage Grove supports the issuance of the Hazardous Waste Permit and Title V Air Permit. Further, we acknowledge MPCA's efforts to help ensure that 3M complies with applicable hazardous waste and air emission regulations. MPCA regularly conducts both hazardous waste permit and air permit inspections at the 3M Corporate Incinerator and requires 3M to conduct air emission testing at the incinerator. These efforts provide assurance to our citizens that 3M is meeting the permit requirements. To provide even greater assurance, the City requests the following of MPCA: 1) We request that MPCA conduct hazardous waste and air quality inspections in an "unannounced" manner. We believe that conducting unannounced inspections allows the inspectors to see conditions that are more typical of day -to -day operations. 2) We understand that MPCA hazardous waste and air quality inspections occur about once every two years and that the hazardous waste inspections are often conducted concurrent with Washington County staff inspections. We request that MPCA perform inspections annually and also separate and stagger the inspections with Washington County so that inspections occur approximately every six months. 3) We hope that MPCA will continue its involvement with the City's ambient air quality monitoring near the 3M Cottage Grove facility. In particular, we request that MPCA analyze additional split samples collected from the monitors to help meet quality control objectives. 4) The Technical Support Document for the existing 3M Corporate Incinerator Air Permit shows a potential volatile organic compound (VOC) emission rate of 10.3 tons per year while the VOC potential emission rate shown in the Technical Support Document for the draft air permit is 40.2 tons per year. However, the allowable VOC emission rate from the incinerator is the same in the current and draft permit, 20 parts per million. We assume the 10.3 and 40.2 ton per year discrepancy is caused by using different calculation methods to convert the 20 ppm limit to a mass emission rate. The City requests that MPCA use a consistent calculation methodology to facilitate comparison of the potential annual emission rates from the two permits. 21 Page 5) The City of Cottage Grove encourages the MPCA to develop a state air toxics emission regulation. As a model, the MPCA could look to Wisconsin's air toxics rule found in the Wisconsin Administrative Code, Chapter NR 445. The Wisconsin rule regulates emissions over 600 air toxics. We believe such a rule would help lower emission rates of air toxins and therefore lower the health risks to the public from these compounds. Again, we appreciate MPCA's regulatory efforts related to the 3M Corporate Incinerator. We look forward to continuing to work with MPCA to address environmental issues important to the citizens of Cottage Grove. Sincerely, Myron Bailey Mayor, City of Cottage Grove CC: Mark Dayton, Governor Katie Sieben, State Senator John Kriesel, State House of Representative Denny McNamara, State House of Representative Jeff Smith, MPCA Director Greg Kvaal, Land and Air Compliance Section Trevor Shearen, Air Quality Permits Section 31 Page """ City of �otta Grave Department of Public Works Minnesota 8635 West Point Douglas Road South I Cottage Grove, Minnesota 55016 -3318 ww .cottage - grove.org April 17, 2012 Ms. Lisa Jackson Administrator United States Environmental Protection Agency Ariel Rios Building (Mail Stop 1101A) 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Subject: National Emission Standard for Hazardous Air Pollutants for Hazardous Waste Combustors and the 3M Corporate Incinerator EPA ID Number: MND006172969 Dear Ms. Jackson: 651 - 458 -2808 Fax 651- 458 -6080 TDD 651 - 458 -2880. Minnesota Mining and Manufacturing Company ( "3M ") owns and operates a hazardous waste incinerator in Cottage Grove, Minnesota. The facility is subject to the National Emission Standard for Hazardous Air Pollutants for Hazardous Waste Combustors found in 40 CFR 63 Subpar EEE (also known as the Hazardous Waste Combustor MACT) which was promulgated on October 12, 2005. It is the City of Cottage Grove's desire to see emission limits in federal air quality regulations become more restrictive to reduce the impacts of those living and working near the regulated facilities. To meet this goal, the City requests that the United States Environmental Protection Agency continue to review the requirements of the Hazardous Waste Combustor MACT to ensure the standard meets continually improving combustion and control technology and to ensure the standard provides an ample margin of safety to protect public health. We understand the USEPA is required to conduct such reviews under the Clean Air Act 42 USG § 7412(d)(6) and 42 USC § 7412(f)(2). We understand the USEPA staff conducted an inspection of the 3M facility during November 2010. We are grateful for the efforts made by USEPA to help ensure the 3M facility complies with applicable regulations and encourage USEPA to continue those efforts. Sincerely, Myron Bailey Mayor, City of Cottage Grove CC: Amy Klobuchar, U.S. Senator Al Franken, U.S. Senator John Kline, U.S. Representative Mark Dayton, Governor Katie Sieben, State Senator John Kriesel, State House of Representatives Denny McNamara, State House of Representatives Paul Aasen, PCA Commissioner Jeff Smith, PCA Director Mathy Stanislaus, Assistant Administrator, Solid Waste & Emergency Response Suzanne Rudzinski, Director, Resource Conservation and Recovery EQUAL OPPORTUNITY EMPLOYER City of t �(}t f(V�' Department of Public Works -� Minnesota 8635 West Point Douglas Road South t Cottage Grove, Minnesota 55016 -3318 vo wvxcttage- g rove.org + S Mr. Dennis Hegberg Washington County Board of Commissioners P.O. Box 6 1494962 n, St. No. Stillwater, MN, 55082 Subject: 3M Corporate Incinerator - USEPA ID Number: MND006172969 Dear Mr. Chair: 651- 458 -2808 Fax 651458 -6080 TDD 651 -458 -2880 The City of Cottage Grove extends its gratitude to the Washington County Department of Health and Environment staff for their efforts helping ensure the 3M Cottage Grove Corporate Incinerator complies with hazardous waste regulations. Specifically, we appreciate the annual hazardous waste inspections the County staff conducts at the 3M Cottage Grove facility. We encourage the County to continue those efforts. In addition we request the County make two changes to the protocol when conducting the inspections. 1) We request that the County conducts the inspections in an "unannounced" manner. We believe that conducting unannounced inspections allows the inspectors to see conditions that are more typical of day -to -day operations. 2) We also request the County stagger the inspection schedule with inspections conducted by Minnesota Pollution Control Agency (MPCA) staff. We understand County staff and MPCA staff often conduct concurrent inspections. The City of Cottage Grove requests the inspections be separated and staggered so inspections occur approximately every six months rather than annual inspections with both organizations. Compliance with environmental regulations is a top priority for the City of Cottage Grove. Our citizens want assurance the 3M Cottage Grove Corporate Incinerator is meeting those requirements. As previously stated, we are grateful for the County's efforts toward achieving that goal. Sincerely, Myron Bailey Mayor CC: Washington County Commissioners Cottage Grove City Council Molly O'Rourke, County Administrator Ryan Schroeder, City Administrator Lowell Johnson, Washington County Department of Health and Environment Greg Kvaal, Minnesota Pollution Control Agency Trevor Shearen, Minnesota Pollution Control Agency EQUAL OPPORTUNITY EMPLOYER