3M fined $2.8 million, avoids admitting violations in monetary settlement with MPCA

Posted 6/1/22

Breaking the rules can get expensive. And if you’re 3M with a facility in Cottage Grove, that means $2.8 million in fines by the Minnesota Pollution Control Agency (MPCA) for alleged violations at …

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3M fined $2.8 million, avoids admitting violations in monetary settlement with MPCA

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Breaking the rules can get expensive. And if you’re 3M with a facility in Cottage Grove, that means $2.8 million in fines by the Minnesota Pollution Control Agency (MPCA) for alleged violations at an incineration site on the Cottage Grove property. The reason for the hefty fine?

Hazardous chemicals incorrectly identified as non-hazardous. Chief in the MPCA’s sights is hydrofluoric acid, or HF according to its chemical signature.

A solvent, hydrofluoric acid is used in the making of fluorine-rich compounds. When hydrofluoric acid is burned meanwhile, it can become noxious to human lungs. Allowed to burn waste with a permit, 3M has had a checkered record according to a two-year investigation by the MPCA—and that means fines.

The details of the punitive measures from the Minnesota Pollution Control Agency for non-compliance (as 3M is charged), are contained in an Executive Stipulation Agreement between 3M, with Michael Roman as registered CEO of the company, and the Minnesota Pollution Agency.

The agreement, entered into on May 2022 after several violations by 3M stipulates a $2,844,694 fine, with the check and/or electronic payment to be made payable to the MPCA.

As part of the settlement, however, 3M does not admit the alleged violations in fact occurred.

Operating a waste incinerator facility at 1746 Innovation Road, the record as stated in the Executive Stipulation Agreement nonetheless does show attempts to comply, as when 3M reported “a release to the Minnesota Duty Officer (DO Report #1) of hydrofluoric acid (HF) off gassing from a 55-gallon hazards waste container at the facility. With notices given by 3M on January 21, 2021 of failure to label containers as “hazardous waste” and on August 5, 2021—after investigation had started with regard to the other failures to comply, to label containers as “hazardous waste.”

As a result and in terms of the agreement, 3M will be conducting regular tests to be overseen by the Minnesota Pollution Control Agency as enforcing partner in the deal.

Meanwhile and according to its website at www.3m. com, six 3M subdivisions call the Cottage Grove site home, including the Abrasive Systems Division, (ASD), Automotive Division, (AD), Electronic Market Materials Division (EMMD), Film Manufacturing Supply Chain Operations (FMSCO),Industrial Adhesives and TapE Division (IATD), and the Material Resource Division (MRD).

All that manufacturing, meanwhile, invites state oversight to ensure that it’s VIOLATIONS

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done properly and environmentally. Cottage Grove Mayor Myron Bailey also had comment to add on the settlement reached with 3M.

“While we are thankful there was no risk to humans or the environment with these violations, we hold businesses in our community to a high standard and expect them to be good neighbors who always put safety first,” he said. “The Minnesota Pollution Control Agency (MPCA) exists to help keep the public safe and enforce environmental regulations. We continue to expect the businesses that call Cottage Grove home to adhere to those regulations.” Senator Karla Bigham had words of her own for 3M and alleged violations of hazardous waste rules.

“We expect our corporations to follow the law when it comes to protecting Minnesotans from hazardous waste and its adverse impact on their health and safety,” Bigham said. “Clearly, 3M has not taken the rules, or its responsibility to uphold them, seriously for many years. This is the second time in a year that 3M has been fined, and MPCA is still investigating. The state needs to look at how it can better hold 3M accountable and explore toughening penalties on corporations that put Minnesotans’ health at risk.”