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.

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