Minnesota Restrictions on Coal Tar-Based Sealants

In 2009, the Minnesota Legislature enacted a law restricting to use of coal tar-based asphalt sealants in Minnesota. The bill prohibited state agencies from purchasing undiluted coal tar-based sealant, and directed the Pollution Control Agency (MPCA) to study its environmental effects and develop management guidelines.

The 2009 legislation was contained in House File 1231. The main requirements outlined in the legislation are:

• Notify state and local government units
By January 15, 2010 the MPCA must notify state agencies and local governments of the potential for contamination of stormwater ponds and wetlands by coal tar-based sealants.
• Inventory stormwater ponds
The MPCA must complete a plan to inventory stormwater ponds in the state by January 15, 2010.
• Use by State agencies restricted as of July 1, 2010
State agencies may not purchase undiluted coal tar-based sealant after this date.
• Develop best management practices and develop model ordinance on use of sealants for local units of government (LUGs)
The MPCA must develop and make available best management practices that can avoid or mitigate environmental impacts of coal tar-based sealants.
• Develop grant process
MPCA will develop a process by July 2010 for awarding grants to LUGs for treatment of contaminated sediment.

By the next cycle of municipal stormwater permitting, beginning June 2011, all MS4 permittees will be required to comply by all provisions of the legislation.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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MPCA MSGP Application Due Dates - Sector Deadlines

All facilities subject to the Minnesota industrial stormwater rules must submit an application for coverage under the new Multi Sector General Permit (MSGP), even if previously covered under the expired MPCA permit. Existing facilities must have prepared and implemented a new SWPPP and be in compliance with the new permit before they apply for permit coverage. New facilities must submit applications at least 180-days before beginning construction or operation.

Note: Facilities that have previously submitted a No Exposure Certification need to reassess their site based on current MPCA certification requirements and reapply for coverage.

Application due dates will be based on the PRIMARY INDUSTRIAL SECTOR CODE the facility falls into:

Sector Group 1
Applications due by June 7

Sector A - Timber Products
Sector C - Chemical and Allied Products Manufacturing
Sector D - Asphalt Paving and Roofing Materials and Lubricant Manufacturing
Sector E - Glass, Clay, Cement, Concrete, and Gypsum Products
Sector F - Primary Metals & Foundries
Sector G - Metal Mining
Sector I - Oil and Gas Extraction and Refining
Sector J - Mineral Mining
Sector L - Landfills, Land Application Sites, and Open Dumps
Sector M - Automobile Salvage Yards
Sector N - Scrap Recycling and Waste Recycling Facilities
Sector Q - Water Transportation
Sector Y - Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
Sector AA - Fabricated Metal Products

Sector Group 2
Applications due by August 6

Sector H - Coal Mining
Sector K - Hazardous Waste Treatment, Storage, or Disposal Facilities
Sector O - Steam Electric Generating Facilities
Sector P - Land Transportation and Warehousing
Sector R - Ship and Boat Building and Repair Yards
Sector S - Air Transportation Facilities
Sector Z - Leather Tanning and Finishing
Sector AC - Electronic and Electrical Equipment and Components


Sector Group 3
Applications due by October 4

Sector B - Paper and Allied Products Manufacturing
Sector T - Treatment Works
Sector U - Food and Kindred Product
Sector V - Textile Mills, Apparel, and Other Fabric Products
Sector W - Furniture and Fixtures
Sector X - Printing and Publishing
Sector AB - Transportation Equipment, Industrial and Commercial Machinery

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Stormwater Rule Small Business Advocacy Review Panel

U.S. Environmental Protection Agency (EPA) is inviting small businesses and municipalities to nominate representatives to provide input on a proposed stormwater rule. The rule would strengthen the national stormwater program under the Clean Water Act (CWA) and focus on stormwater discharges from developed sites, such as subdivisions, roadways, industrial facilities, and commercial buildings or shopping centers.

Selected participants would provide input to a Small Business Advocacy Review panel, which will consist of officials from EPA, the U.S. Small Business Administration and the Office of Management and Budget. As required by the Regulatory Flexibility Act, EPA is establishing this panel because the rule could have a significant economic impact on small entities. The representatives will provide input on how EPA can minimize the potential burden on small entities of the proposed regulation. Nominations must be received by August 4, 2010.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Oregon DEQ Stormwater Permit Changes - MSGP

The Oregon Department of Environmental Quality (DEQ) is currently revising the State industrial stormwater general permits 1200-COLS permit (which went into effect September 2006) and the 1200-Z permit (which went into effect July 2007). Two environmental advocacy groups, Northwest Environmental Defense Center and Columbia Riverkeeper, challenged the permits validity under the Federal Clean Water Act. DEQ settled the legal challenge and as part of the settlement agreement, agreed to revise the permits.

The June 2009 settlement agreement required DEQ to amend the permits to conform to the 2008 US EPA Multi Sector General Permit (MSGP). The agreement also requires DEQ to include certain conditions of the existing permits that when beyond the MSGP, including that DEQ review and approve all stormwater pollution prevention plans (SWPPP). In May 2010, DEQ and the environmental advocacy groups amended the settlement agreement to provide additional time for DEQ to develop water quality based benchmarks for copper, lead, and zinc.

DEQ intends to revise these permits by the Fall 2011. The public will have an opportunity to comment on the proposed changes to the permits before they become effective. While these new permits are in development, the requirements under the existing permits remain in effect.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Wet Weather Pollution in Michigan Report Released

Michigan Department of Natural Resources and Environment (DNRE) has released its report “Wet Weather Pollution in Michigan” (Report No. MI/DNRE/WB-10/020). DNRE formed five work groups to evaluate issues related to wet weather pollution and develop a strategy to more effectively protect water quality: Wastes to Land, Earth Change, Urban Living, Monitoring, and Water Quality Based Effluent Limits and Standards Applicability. Each work group report is included as a chapter of the report.

The conclusions and recommendations made by the Work Groups include:

1. Increased E. coli concentrations are the most documented effects from wet weather pollution discharges.
2. Urban streams are heavily impacted by flow modifications from wet weather pollution discharges, due to unnaturally high runoff volumes.
3. A large amount of subjectivity exists in many of the existing wet weather pollution programs.
4. A lack of consistent terminology exists across programs that deal with wet weather pollution.
5. Measuring the impacts of wet weather pollution is problematic, primarily due to sampling difficulty, a lack of methods to monitor pollutants, and established means to evaluate the impacts of wet weather pollution discharges.
6. Based on available records, animal wastes are the largest, by volume, wastes that are applied to land in Michigan.
7. Good regulatory mechanisms exist for biosolids, septage, CAFO permits, combined sewer overflow (CSO), storm sewer overflow (SSO), Industrial Storm Water, Municipal
Storm Water (those under permit), Construction Storm Water and soil erosion and sedimentation control (SESC).
8. Urban infrastructure in Michigan is currently in need of a clearly defined adequate maintenance program.
9. Effective best management practices (BMP) need to be identified and BMP standards established.
10. It is difficult to understand and address total maximum daily load (TMDL) obligations for wet weather pollution discharges.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website