3M Company (Board decision, February 7, 2022)

In re 3M Company (EAB CAA 22-01C): self-disclosed air-pollution violations settled

Decision type
Board decision
Dockets
CAA 22-01C, CAA-HQ-2022-8420
Decided
February 7, 2022
Outcome
Settled
Precedential status
Citable Board precedent
Checked against source
2026-08-21

Apply this precedent to your situation

This is citable Board precedent from 2022, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Final EAB decision
This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board ratified the Consent Agreement, ordered 3M Company to comply with its terms, and approved a $170,000 civil penalty for alleged Clean Air Act violations at a Nevada, Missouri facility. The full text below is the official EPA release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Read the official release (epa.gov)

Plain-English summary

3M Company conducted a corporate audit of environmental compliance at its manufacturing facilities and voluntarily disclosed violations involving notification, reporting, recordkeeping, inspection, performance testing, monitoring, work practices, and emission standards. The agreement says the disclosures covered New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants at facilities in multiple states. The penalty in this proceeding was based on alleged violations of the miscellaneous coating manufacturing requirements at 3M's Nevada, Missouri facility, involving two process vessels and conduct described as occurring between December 16, 2011, and December 16, 2016. The EAB ratified the settlement and approved a $170,000 civil penalty, while the agreement states that the Audit Policy eliminated the gravity-based component of the penalty. 3M admitted EPA's jurisdiction, consented to the penalty, and waived its right to contest the alleged violations and appeal the order.

Decision snapshot

  • Cited authorities: 40 C.F.R. §§ 22.4, 22.13, 22.18, 60, 63.8000, and 63.8005; 42 U.S.C. §§ 7411, 7412, and 7413
  • Outcome: The Consent Agreement and Final Order were ratified, and a $170,000 civil penalty was approved.
  • Key point: EPA's Audit Policy can reduce a self-disclosed enforcement settlement's gravity-based penalty component when its conditions are satisfied, while the settlement can still require payment of the economic benefit attributed to the violations.

Full text (EPA EAB public release)

                                                                       F I L E D
                                                                           Feb 07, 2022
                                                                      Clerk, Environmental Appeals Board
                    ENVIRONMENTAL APPEALS BOARD INITIALS ________________________
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.

                                           )

In re: )
) Docket No. CAA-HQ-2022-8420
3M Company )
)
)
)

                                   FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

    The Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

      So ordered. 1

                                                ENVIRONMENTAL APPEALS BOARD

Dated: ____
Feb 07, 2022
______
Aaron P. Avila
Environmental Appeals Judge

      1
    The three-member panel ratifying this matter is composed of Environmental Appeals

Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.
BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In the Matter of:

3M Company, Docket No. CAA-HQ-2022-8420

Respondent.

                               CONSENT AGREEMENT

                            A. PRELIMINARY STATEMENT

1.      This is an administrative penalty assessment proceeding brought under Section 113(d)

                                                  ), 42 U.S.C. § 7413(d), and Sections 22.13

      and 22.18 of the Consolidated Rules of Practice Governing the Administrative

      Assessment of Civil Penalties and the Revocation/Termination or Suspension of

                                                          C.F.R. Part 22.

2.      Complainant is the United States Environmental Protection Agency

                behalf, Mary E. Greene, Director, Air Enforcement Division, is delegated the

      authority to settle civil administrative penalty proceedings under Section 113(d) of

      the Act.

3.      Respondent is                           a Delaware corporation headquartered in Saint

      Paul, Minnesota.                             as defined in Section 302(e) of the Act,

      42 U.S.C. § 7602(e).

4.      Complainant and Respondent                              , having agreed that settlement

      of this action is in the public interest, consent to the entry of this consent agreement

agrees to comply with the terms of this Consent Agreement and Final Order.

                                     B. JURISDICTION

    5.      This Consent Agreement is entered into under Section 113(d) of the Act, as amended,

       42 U.S.C. § 7413(d), and the Consolidated Rules, 40 C.F.R. Part 22.

    6.      The EPA and the United States Department of Justice jointly determined that this

       matter, although it involves alleged violations that occurred more than one year

       before the initiation of this proceeding, is appropriate for an administrative penalty

       assessment. 42 U.S.C. § 7413(d).

    7.      The Environmental Appeals Board is authorized to ratify this Consent Agreement,

       which memorializes a settlement between Complainant and Respondent. 40 C.F.R.

       §§ 22.4(a) and 22.18(b).

    8.      The issuance of this Consent Agreement and attached Final Order simultaneously

       commences and concludes this proceeding. 40 C.F.R. § 22.13(b).

                                   C. GOVERNING LAW

    9.      As discussed in further detail in Section D, this matter concerns several different

       regulations promulgated by the EPA. However, the penalty at issue in this Consent

       Agreement is only based on alleged violations of 40 C.F.R. Part 63, Subpart HHHHH

       - National Emissions Standards for Hazardous Air Pollutants: Miscellaneous Coating

       Manufacturing.

CAA NSPS 40 C.F.R. Part 60

    10.     Section 111(b)(1)(A) of the CAA, 42 U.S.C. § 7411(b)(1)(A), requires the

       Administrator to publish a list of categories of stationary sources that cause or

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 2 of 18 contribute significantly to air pollution that may reasonably be anticipated to

       endanger the public health or welfare and promulgate standards of performance for

       new sources within those categories.

    11.     These standards, commonly known as the New Source Performance Standards

       ( NSPS ), are codified at 40 C.F.R. Part 60.

    12.     Section 111(e) of the CAA, 42 U.S.C. § 7411(e), prohibits an owner or operator from

       operating any new source in violation of an NSPS after the effective date of the NSPS

       applicable to such source.

    13.     Pursuant to Section 111(b) of the CAA, the Administrator promulgated the following

       NSPSs, which are relevant to this matter:

       (a) Subpart RR - Standards of Performance for Pressure Sensitive Tape and Label

           Surface Coating Operations, codified at 40 C.F.R. §§ 60.440-60.447;

       (b) Subpart UUU - Standards of Performance for Calciners and Dryers in Mineral

           Industries, codified at 40 C.F.R. §§ 60.730-60.737;

       (c) Subpart VVV - Standards of Performance for Polymeric Coating of Supporting

           Substrates Facilities, codified at 40 C.F.R. §§ 60.740-60.748; and

       (d) Subpart IIII - Standards of Performance for Stationary Compression Ignition

           Internal Combustion Engines, codified at 40 C.F.R. §§ 60.4200-60.4219.

CAA NESHAP 40 C.F.R. Part 63

    14.     Section 112 of the CAA, 42 U.S.C. § 7412,                             ational

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 3 of 18 15. Pursuant to Sections 112(c) and (d) of the CAA, 42 U.S.C. §§ 7412(c), (d), the

       Administrator has listed categories and subcategories of major sources of HAPs and

       promulgated regulations establishing emissions standards and/or work practices

       applicable to major sources of HAPs in each such category or subcategory, which are

       codified at 40 C.F.R. Parts 61 and 63.

    16.     Section 112(i)(3) of the CAA, 42 U.S.C. § 7412(i)(3), provides that after the effective

       date of any emissions standard, limitation, or regulation promulgated pursuant to

       Section 112, no person may operate a source in violation of an applicable NESHAP

       regulation.

    17.     Pursuant to Section 112 of the CAA, 42 U.S.C. § 7412, the Administrator

       promulgated the following NESHAPs, which are relevant to this matter:

       (a) Subpart JJJJ - National Emission Standards for Hazardous Air Pollutants: Paper

           and Other Web Coating, codified at 40 C.F.R. §§ 63.3280-63.3420;

       (b) Subpart DDDDD - National Emission Standards for Hazardous Air Pollutants for

           Major Sources: Industrial, Commercial & Institutional Boilers and Process

           Heaters codified at 40 C.F.R. §§ 63.7480-63.7575;

       (c) Subpart HHHHH - National Emission Standards for Hazardous Air Pollutants:

           Miscellaneous Coating Manufacturing, codified at 40 C.F.R. §§ 63.7980-63.8105;

           and

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 4 of 18 (d) Subpart VVVVVV - National Emission Standards for Hazardous Air Pollutants

           for Chemical Manufacturing Area Sources, codified at 40 C.F.R. §§ 63.11494-

           63.11503.

CAA NESHAP 40 C.F.R. Part 63, Subpart HHHHH National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing

    18.     As relevant to the penalty at issue in this matter, the Administrator promulgated

       requirements regarding the emission limits and work practice requirements for new

       and existing miscellaneous coating manufacturing operations on December 11, 2003.

       See 68 Fed. Reg. 69,185. These requirements are found at 40 C.F.R. Part 63, Subpart

       HHHHH - National Emissions Standards for Hazardous Air Pollutants:

       Miscellaneous Coating Manufacturing.

    19.     Among other requirements, 40 C.F.R. § 63.8000 requires owners and operators of

       miscellaneous coating manufacturing operations to comply with the emission limits

       and work practice standards set forth in Tables 1 through 5 of Subpart HHHHH at all

       times, except during periods of startup, shutdown, and malfunction. In addition,

       40 C.F.R. § 63.8005 sets forth specific requirements for process vessels.

                                  D. STIPULATED FACTS

    20.     Respondent 3M is a manufacturer of industrial, safety, and consumer products and is

       incorporated under the laws of the State of Delaware. Respondent has its headquarters

       in Saint Paul, Minnesota.

    21.     On May 2, 2012, the                                              2 proposal to enter

       into a voluntary Corporate Audit Agreement to audit all 3M manufacturing facilities

       for compliance with the Act under the                        Incentives for Self-

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 5 of 18 Policing: Discovery, Disclosure, Correction and Prevention of Violations, 65 Fed.

    22.     The scope of the audit covered each NSPS and NESHAP rule not identified prior to

       the Corporate Audit Agreement as an applicable rule of a 3M manufacturing facility;

       each NSPS and NESHAP rule which was a known applicable rule prior to the

       Corporate Audit Agreement, but for which one or more applicable equipment items

       were omitted from the corresponding NSPS affected facility or NESHAP affected

       source; and each applicable emissions standard, monitoring, recordkeeping, and

       reporting requirement associated with each NSPS and NESHAP rule discovered as

       noted above.

    23.     Pursuant to agreement by the Parties, Respondent was granted a one-year extension to

       complete the assessment of compliance with applicable NSPSs and NESHAPs at its

       manufacturing facilities by January 1, 2015. The Parties also agreed that the final

       report would be due the earlier of either 60 days of completion of all facility

       assessments or March 2, 2015. Subsequently, the Parties agreed to extend the date for

       completion of the work and submission of the final report to November 20, 2015.

    24.     Respondent provided the EPA with periodic progress reports throughout the time

       period during which it conducted its as

       submitted as letters dated September 28, 2012; January 31, 2013; June 1, 2013;

       October 1, 2013; January 31, 2014; May 31, 2014; September 30, 2014; January 30,

       2015; and May 31, 2015.

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 6 of 18 25. On November 20, 2015, Respondent provided its final audit report. Respondent

       subsequently submitted additional information through several addenda, with the first

       and last addenda dated May 17, 2016 and April 23, 2020, respectively.

    26.                               w evaluated the applicability of thirty-one different NSPSs

       and eighty-one different NESHAPs for thousands of manufacturing operations,

       processes, and individual items of equipment across approximately one hundred 3M

       manufacturing facilities in over thirty different states.

    27.     With the exception of the violations referenced in Paragraph 28 and identified in

       Attachment A, all                        -disclosed violations returned to compliance

       more than five years before the date of this Consent Agreement. Accordingly, those

       violations are outside the five-year statute of limitations for actions to enforce a

       penalty found in 28 U.S.C. § 2462 and are not relevant to this matter.

    28.     The self-disclosed violations that are within the five-year statute of limitations for

       actions to enforce a penalty under 28 U.S.C. § 2462 are identified in Attachment A,

       hereby incorporated by reference, and are the subject of this Agreement.

    29.     As relevant to this matter, Respondent voluntarily disclosed violations of:

       (a) NSPS 40 C.F.R. Part 60, Subparts RR, UUU, VVV, IIII; and

       (b) NESHAP 40 C.F.R. Part 63, Subparts JJJJ, DDDDD, HHHHH, VVVVVV.

30.

       additional information submitted to the EPA, summarized steps taken to prevent

       recurrence of any violations at the facilities at which they were identified after they

       had been disclosed.

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 7 of 18 31. -disclosed violations fall within the following three categories:

       (a) notification, reporting, and recordkeeping issues; (b) inspection, performance

       testing, and monitoring issues; and (c) work practice and emission standards issues.

    32.     The EPA is seeking a civil penalty only

       Subpart HHHHH - National Emissions Standards for Hazardous Air Pollutants:

       Miscellaneous Coating Manufacturing at its Nevada, Missouri facility.

    33.     The Parties have engaged in cooperative and good faith efforts to resolve

                          -disclosed violations.

    34.     The disclosures listed in Attachment A have been determined by the EPA to satisfy

       all nine of the conditions set forth in the Audit Policy and therefore qualify for a



    35.     Pursuant to the                                                           warrants as true

       for all the violations listed in Attachment A, the following facts upon which this

       Agreement is based:

       (a) The violations were discovered through an audit;

       (b) The violations were discovered voluntarily;

       (c) The violations were promptly disclosed to the EPA in writing;

       (d) The violations were disclosed prior to commencement of an agency inspection or

           investigation, notice of citizen suit, filing of a complaint by a third party,

                                                                                                 ry

           by a regulatory agency;

       (e) The violations have been corrected;

       (f) Appropriate steps have been taken to prevent a recurrence of the violations.

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 8 of 18 (g) The specific violations, identified in Attachment A, have not occurred within

           three years of the dates of disclosure referenced in the reports identified in Section

           D, Paragraph 25 above, at the same facilities that are the subject of this

           Agreement, and have not occurred within five years of the dates of disclosure

           referenced in the reports identified in Section D, Paragraph 25 above, as part of a

           pattern at multiple facilities owned or operated by Respondent. For the purposes

           of Subparagraph (g), a violation is:

                i. Any violation of federal, state, or local environmental law identified in a

                   judicial or administrative order, consent agreement or order, complaint, or

                   notice of violation, conviction or plea agreement; or

               ii. Any act or omission for which the regulated entity has previously received

                   penalty mitigation from the EPA or a state or local agency;

       (h) The violations have not resulted in serious actual harm nor presented an imminent

           and substantial endangerment to human health or the environment and they did

           not violate the specific terms of any judicial or administrative final order or

           agreement; and

       (i) Respondent has cooperated as requested by the EPA.

                          E. ALLEGED VIOLATIONS OF LAW

    36.     Respondent failed to meet notification, reporting, and recordkeeping requirements;

       inspection, performance testing, and monitoring requirements; and/or work practice

       and emission standards imposed under the foregoing NSPS, 40 C.F.R. Part 60, and

       NESHAP, 40 C.F.R. Part 62, rules, identified in Section C of this Agreement.

    37.     Specifically, and relevant to the penalty at issue in this matter, Respondent failed to

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 9 of 18 comply with the emission and work practice standards under 40 C.F.R. Part 63,

       Subpart HHHHH - National Emissions Standards for Hazardous Air Pollutants:

       Miscellaneous Coating Manufacturing, at its Nevada, Missouri facility.

    38.     Respondent is the owner and operator of two process vessels a

       Missouri                                                                           ,

       therefore violating Section 112 of the Act, 42 U.S.C. § 7412; 40 C.F.R. § 63.8000;

       and C.F.R. § 63.8005.

    39.     The EPA hereby states and alleges that, based on the information supplied by



       and work practice standards, as required by 40 C.F.R. §§ 63.8000, 63.8005, for two

       process vessels at its Nevada, Missouri facility between December 16, 2011, and

       December 16, 2016.

                        F. TERMS OF CONSENT AGREEMENT

    40.     For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2),

       Respondent:

       (a) admits that the EPA has jurisdiction over the subject matter alleged in this

           Agreement;

       (b) admits to the stipulated facts stated above;

       (c) consents to the assessment of a civil penalty as stated below;

       (d) waives any right to contest the alleged violations of law set forth in Section E of

           this Consent Agreement; and

       (e) waives its rights to appeal the Order accompanying this Agreement.

    41.     For the purpose of this proceeding, Respondent:

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 10 of 18 (a) agrees that this Agreement states a claim upon which relief may be granted

           against Respondent;

       (b) acknowledges that this Agreement constitutes an enforcement action for purposes

           of considering

           actions related to the Nevada, Missouri facility;

       (c) waives any and all remedies, claims for relief and otherwise available rights to

           judicial or administrative review that Respondent may have with respect to any

           issue of fact or law set forth in this Order, including any right of judicial review

           under Section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1);

       (d) consents to personal jurisdiction in any action to enforce this Agreement or Order,

           or both, in the United States District Court for the District of Minnesota; and

       (e) waives any rights it may possess at law or in equity to challenge the authority of

           the EPA to bring a civil action in a United States District Court to compel

           compliance with the Agreement or Order, or both, and to seek an additional

           penalty for noncompliance with the Agreement or Order, and agrees that federal

           law shall govern in any such civil action.

    42.     Civil Penalty. The EPA:

       (a) alleges that the gravity component is potentially assessable against Respondent

           for these violations.

       (b) agrees, based upon the facts and information submitted by Respondent and upon



           Respondent has satisfied all of the conditions set forth in the Audit Policy and

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 11 of 18 thereby qualifies for a 100% reduction of the gravity component of the civil

           penalty that otherwise would apply to the violations listed in Attachment A.

       (c) pursuant to the Audit Policy, will waive 100% of the gravity-based penalties

           assessed for the violations listed in Attachment A.

       (d) has discretion, under the Audit Policy, to assess a penalty equivalent to the

           economic benefit Respondent gained as a result of its noncompliance.

       (e) has determined, based on information provided by Respondent and use of the

           Economic Benefit ( BEN ) computer model, that Respondent obtained an

           economic benefit of $170,000 as a result of its noncompliance in this matter for

           the violations listed in Attachment A.


    43.     Penalty Payment. The civil penalty agreed upon by the Parties for settlement

       purposes is $170,000. Respondent agrees to:

       (a) pay the civil penalty of $170,000

           Effective Date of this Agreement.

       (b) pay the EPA Penalty using any method, or combination of methods, provided on

           the website http://www2.epa.gov/financial/additional-instructions-making-

           payments-epa                                                     Docket No. CAA-

           HQ-2022-8420.

       (c) within 24 hours of payment of the EPA Penalty, send proof of payment via

           electronic mail to Jennifer Lee at [email protected] and to the Clerk of the

           Environmental Appeals Board at [email protected].            P

           means, as applicable, a copy of the check, confirmation of credit card or debit

           card payment, confirmation of wire or automated clearinghouse transfer, and any

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 12 of 18 other information required to demonstrate that payment has been made according

           to the EPA requirements, in the

           CAA-HQ-2022-8420.

    44.     If Respondent fails to timely pay any portion of the penalty assessed under this

       Agreement, the EPA may:

       (a) request the Attorney General to bring a civil action in an appropriate district court

           to recover: the amount assessed; interest at rates established pursuant to 26 U.S.C.

           §

           nonpayment penalty, 42 U.S.C. § 7413(d)(5);

       (b) refer the debt to a credit reporting agency or a collection agency, 42 U.S.C.

           § 7413(d)(5), 40 C.F.R. §§ 13.13, 13.14, and 13.33;

       (c) collect the debt by administrative offset (i.e., the withholding of money payable

           by the United States to, or held by the United States for, a person to satisfy the

           debt the person owes the Government), which includes, but is not limited to,

           referral to the Internal Revenue Service for offset against income tax refunds,

           40 C.F.R. Part 13, Subparts C and H; and

       (d) (1)                                  s licenses or other privileges, or (2) suspend or

           disqualify Respondent from doing business with the EPA or engaging in

           programs the EPA sponsors or funds, 40 C.F.R. § 13.17.

    45.     By signing this Agreement, Respondent acknowledges that this Agreement and Order

       will be available to the public and agrees that this Agreement does not contain any

       confidential business information or personally identifiable information.

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 13 of 18 46. By signing this Agreement, the undersigned representative of Complainant and the

       undersigned representative of Respondent each certify that he or she is fully

       authorized to execute and enter into the terms and conditions of this Agreement and

       has the legal capacity to bind the party he or she represents to this Agreement.

    47.     By signing this Agreement, Respondent certifies that the information it has supplied

       concerning this matter was at the time of submission true, accurate, and complete for

       each such submission, response, and statement. Respondent acknowledges that there

       are significant penalties for submitting false or misleading information, including the

       possibility of fines and imprisonment for knowing submission of such information,

       under 18 U.S.C. § 1001.

    48.     Except as qualified by Paragraph 44(a),

       costs, and disbursements incurred in this proceeding.

     G. EFFECT OF CONSENT AGREEMENT AND ATTACHED FINAL ORDER

    49.     In accordance with 40 C.F.R. § 22.18(c), completion of the terms of this Consent

       Agreement and Final

       penalties for the violations listed in Attachment A.

    50.     Penalties paid pursuant to this Agreement shall not be deductible for purposes of

       federal taxes.

    51.     This Agreement constitutes the entire agreement and understanding of the Parties and

       supersedes any prior agreements or understandings, whether written or oral, among

       the Parties with respect to the subject matter hereof.

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 14 of 18 52. The terms, conditions, and compliance requirements of this Agreement may not be

       modified or amended except upon the written agreement of both parties, and approval

       of the Environmental Appeals Board.

    53.     Any violation of this Order may result in a civil judicial action for an injunction or

       civil penalties of up to $102,638 per day per violation, or both, as provided in Section

       113(b)(2) of the Act, 42 U.S.C. § 7413(b)(2), as well as criminal sanctions as

       provided in Section 113(c) of the Act, 42 U.S.C. § 7413(c). The EPA may use any

       information submitted under this Order in an administrative, civil judicial, or criminal

       action.

    54.     Nothing in this Agreement shall relieve Respondent of the duty to comply with all

       applicable provisions of the Act and other federal, state, or local laws or statutes, nor



       regulations, nor shall it be construed to be a ruling on, or determination of, any issue

       related to any federal, state, or local permit.

    55.     Nothing herein shall be construed to limit the power of the EPA to undertake any

       action against Respondent or any person in response to conditions that may present an

       imminent and substantial endangerment to the public health, welfare, or the

       environment.

    56.     The EPA reserves the right to revoke this Agreement and settlement penalty if and to

       the extent that the EPA finds, after signing this Agreement, that any information

       provided by Respondent was materially false or inaccurate at the time such

       information was provided to the EPA, and the EPA reserves the right to assess and

       collect any and all civil penalties for any violation described herein. The EPA shall

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 15 of 18 give Respondent notice of its intent to revoke, which shall not be effective until

       received by Respondent in writing.



                                   H. EFFECTIVE DATE

    57.     Respondent and Complainant agree to issuance of the attached Final Order. Upon

       filing, the EPA will transmit a copy of the filed Consent Agreement to the

       Respondent. This Consent Agreement and attached Final Order shall become

       effective after execution of the Final Order by the Environmental Appeals Board, on

       the date of filing with the Hearing Clerk.

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 16 of 18 The foregoing Consent Agreement In the Matter of 3M Company, Docket No. CAA-HQ-2022- 8420, is Hereby Stipulated, Agreed, and Approved for Entry.

FOR RESPONDENT:

______ November 29, 2021
_________
Signature Date

          James R. Kotsmith

Printed Name: _________

Title: Vice President, Corporate Environment
_________

Address: 3M Center, Bldg. 224-5W-17, St. Paul, MN 55144
_________

          Federal Tax Identification Number:      41-0417775
                                                  ___________________________

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 17 of The foregoing Consent Agreement In the Matter of 3M Company, Docket No. CAA-HQ-2022- 8420, is Hereby Stipulated, Agreed, and Approved for Entry.

FOR COMPLAINANT:

__ ____ Date Mary E. Greene
Director, Air Enforcement Division
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

Consent Agreement and Final Order, Docket CAA-HQ-2022-8420 Page 18 of 18 CERTIFICATE OF SERVICE

   I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the

matter of 3M Company, Docket No. CAA-HQ-2022-8420, were sent to the following persons in the manner indicated:

By Electronic Mail:
Adam Kushner
Counsel for Respondent 3M Company
Hogan Lovells US LLP
555 Thirteenth Street, NW
Washington, DC 20004
e-mail: [email protected]

Jennifer Lee
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460
e-mail: [email protected]

      Feb 07, 2022

Dated: ____ ______
Emilio Cortes
Clerk of the Board

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