Minnesota Environmental Consultant

PFOA Stewardship Program Interim Results Released

2012-02-13T14:40:00.001-06:00

U.S. Environmental Protection Agency (EPA) has released the interim results of a voluntary effort by eight chemical manufacturers to reduce emissions and use of long-chain perfluorinated chemicals (LCPFCs), including perfluorooctanoic acid (PFOA).

EPA’s 2010/15 PFOA Stewardship Program was established in 2006 in partnership with DuPont, Solvay Solexis, Asahi Glass Company, Daikin America, Inc., Clariant International Ltd., 3M/Dyneon, Arkema Inc. and BASF (formerly Ciba Specialty Chemicals Corporation). The program set a goal of reducing facility emissions and product content of PFOA and related chemicals on a global basis by 95 % by 2010, and to work toward eliminating emissions and product content of these chemicals by 2015.

Daikin, DuPont, 3M/Dyneon and Solvay Solexis have met the program’s intermediate goal of a 95 % reduction in global emissions and product content by 2010. EPA reports that the companies continue to reduce emissions of LCPFC’s as well as overall product content of LCPFC’s. Additionally, more than 150 replacement chemicals have been developed. The eight participating companies have informed EPA that they are on track to phase out LCPFCs by the end of 2015.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Tier II Reports EPCRA Reporting Due March 1

2012-01-28T07:14:00.002-06:00

Tier II Hazardous Chemical Storage Reports for Minnesota sites are due March 12, 2012. Under the Federal Emergency Planning and Community Right-to-Know Act (EPCRA), any facility that stores hazardous chemicals can have both one-time and annual reporting, specified in Section 311 and 312 of EPCRA.

In summary, to comply with hazardous chemical storage reporting requirements, for any hazardous chemical used or stored on-site above threshold amounts, facilities must maintain a material safety data sheet (MSDS), and submit the MSDSs to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department. Facilities must also report an annual inventory of these chemicals by March 1 of each year to their SERC, LEPC and local fire department.

EPCRA rules apply to all types of sites, and are not limited to a particular industrial sector – reporting sites can be commercial, institutional, warehousing, retail or any other type of site which could store or use chemicals. Facilities with chemicals in quantities that equal or exceed the thresholds must report. The thresholds can be specific to different types of chemicals and can be as low as 500 pounds for some materials, and as high as 10,000 pounds.

Hazardous chemicals are any substances for which a facility must maintain a Material Safety Data Sheet (MSDS) under the OSHA Hazard Communication Standard – if a material has an MSDS, it is considered to be a hazardous chemical under EPCRA. This can include materials which might not immediately be considered “chemicals”, such as batteries, fuels, metals, etc.

Facilities that need to submit MSDSs or chemical lists under Section 311, also need to submit an annual inventory report for the same chemicals under EPCRA Section 312. This inventory report must be submitted to the SERC, LEPC and local fire department by March 1 of each year. Under the EPA rule, facilities can provide either a Tier I or Tier II form. However, most States (including Minnesota) require the Tier II form be used.

Caltha LLP provides expert environmental consultant services in Minnesota to prepare and submit hazardous chemical storage reports, develop chemical tracking programs, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Revisions Proposed For Water and Wastewater Operators Certification Requirements

2012-01-24T08:00:00.001-06:00

The Minnesota Department of Health (MDH) and the Minnesota Pollution Control Agency (MPCA) have announced the agencies’ intentions to revise the state rules for certifying operators of water supply systems and wastewater-treatment facilities. The revisions respond to needs that the Advisory Council on Water Supply Systems and Wastewater Treatment Facilities identified. The proposed rules would allow the agencies to grant conditional certificates to operators when a system or facility has been reclassified to a higher class due to its having been altered or when a when a system or facility has been reclassified with no alterations.

Operators could qualify for the conditional certificates if they meet criteria specified in the proposed rule, which include:

a) The operator is a current operator with direct responsibility;
b) the operator has worked as the operator with direct responsibility at the same system or facility at least 12 consecutive months before applying for the conditional certificate; and
c) the applicant passes all exams required for the higher class in sequence (D, C, B and A) and before startup of any system or facility upgrades that are related to the change in class.

In addition, the conditional certificate would be facility specific and only valid at the system or facility for which the conditional certificate is issued, but must be renewed. This would allow the system or facility operator time to gain the experience required for a regular certificate. Once the operator has met those experience requirements, the agency would issue the operator a regular certificate.

The MDH and MPCA are accepting comments on the proposed revisions.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Agricultural Water Quality Certification Program

2012-01-17T19:06:00.000-06:00

EPA and USDA have signed a Memorandum of Understanding (MOU) with the state of Minnesota to develop a new state program for farmers designed to increase the voluntary adoption of conservation practices designed to protect local rivers, streams and other waters by reducing fertilizer run-off and soil erosion. USDA and EPA will offer support to Minnesota in developing “certainty agreements” for water quality improvements on private agricultural lands and eligible tribal lands in high priority watersheds.

The MOU signing is the first step toward developing the Minnesota Agricultural Water Quality Certification Program (AWQCP), designed to increase the adoption of recommended conservation practices to improve water quality on agricultural land. The MOU signing formalizes the state-federal partnership and confirms a joint commitment to developing and implementing the program. Minnesota and its partners will establish a Technical Advisory Committee to develop the certification program that will support the state’s water quality standards and goals. The committee will solicit input from stakeholders in designing criteria to provide certainty for producers who have voluntarily attained or maintained a certain level of water quality improvements on their agricultural land. Minnesota will test the program in several pilot watersheds.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Draft Minnesota Impaired Waters TMDL List For 2012

2012-01-06T08:15:00.002-06:00

The Minnesota Pollution Control Agency (MPCA) has released the draft 2012 TMDL List and a schedule for upcoming public meetings and public notice period Public meetings will be held Rochester, Detroit Lakes, St. Paul, Brainerd, Duluth, Benson, and Mankato in December – January 2012. The formal 30-day Public Comment Period will beginning with a notice in the State Register on January 23, 2012 and February 27, 2012. All comments received during that period and MPCA responses will be forwarded to EPA, with the final draft 2012 TMDL list for EPA review and approval.

The Minnesota draft 2012 TMDL List (303(d) List) contains 2171 impairments that require TMDL studies; 511 of those impairments are proposed new listings. The Inventory of all impaired waters now totals 3,638, which includes impairments in need of TMDLs, those with completed TMDLs that have not yet been restored, and impairments due to natural sources.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

2010 Toxic Release Inventory Summary Report By EPA

2012-01-05T17:54:00.004-06:00

The U.S. Environmental Protection Agency (EPA) is releasing its annual national analysis of the Toxics Release Inventory (TRI), for reporting year 2010. Total releases including disposals for the latest reporting year, 2010, are higher than the previous two years but lower than 2007 and prior year totals.

The 2010 TRI data show that 3.93 billion pounds of toxic chemicals were released into the environment nationwide, a 16 % increase from 2009. The increase is mainly due to changes in the metal mining sector, which typically involves large facilities handling large volumes of material. In this sector, even a small change in the chemical composition of the ore being mined may lead to big changes in the amount of TRI chemicals reported nationally. Several other sectors also reported increases in toxic releases in 2010, including the chemical and primary metals industries.

Total air releases decreased 6 % compared to 2009, continuing a trend seen over the past several years. Releases into surface water increased 9 percent and releases into land increased 28 percent since 2009, again due primarily to the metal mining sector.

TRI data is submitted annually to EPA and states by numerous industry sectors including manufacturing, metal mining, electric utilities, and commercial hazardous waste facilities. Facilities must report their toxic chemical releases to EPA under the federal Emergency Planning and Community Right-to-Know Act (EPCRA) by July 1st of each year. The Pollution Prevention Act of 1990 also requires information on waste management activities related to TRI chemicals.

Caltha LLP provides expert environmental consultant services in Minnesota to prepare TRI Reports for Minnesota facilities, prepare Tier 2 hazardous material storage reports for Minnesota facilities, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota SPCC Requirements For Farms & Agricultural Facilities

2011-11-25T09:49:00.003-06:00

EPA has extended the date that agricultural facilities must come into compliance with the new Spill Prevention, Control, and Countermeasure (SPCC) rule to May 10, 2013. Agricultural facilities in Minnesota that began storing oil before August 16, 2002 must revise their SPCC plan to meet the 2002 changes by the May 2013 deadline.

The Federal SPCC program was developed to prevent oil spills. The rule requires agricultural operators have an SPCC Plan if:

1. The facility stores more than 1,320 gallons of oil or fuel in above ground tanks and/or other types of containers and oil-filled equipment; and
2. A release of oil could reasonably be expected to discharge into waters of the U.S.

Oil includes on-road and off-road diesel; gasoline; lubrication oils; hydraulic oils; crop oil; adjuvant oils; oil sludge; synthetic oils; oil refuse; oil mixed with wastes other than dredged spoil; animal fats; vegetable oils; and fish oils, and other oil-like materials.

There are several exemptions for agricultural operations. These include: milk and milk product containers, associated piping, and appurtenances; home heating oil tanks at single family homes; pesticide containers used to mix and load formulations; and pesticide application equipment.

The recent Rule changes also allow some agricultural operations that store 10,000 gallons of oil or less and meet the Tier 1 or 2 qualified facility requirements to prepare and self-certify their SPCC Plan using a streamlined SPCC Plan format.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, prepare and certify Minnesota SPCC Plans, and to develop cost effective SPCC compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Low Compliance Rates Reported For Minnesota Industrial Stormwater Monitoring and Reporting

2011-11-23T08:51:00.003-06:00

In 2010, the Minnesota Pollution Control Agency (MPCA) finalized a new industrial stormwater discharge general permit. The new permit was significantly different that any previous industrial permits that applied to Minnesota industries. The new permit had numerous new requirements that facilities are required to meet.

[Read a summary of the revised MPCA permit]

One of the most significant changes was that facilities are now required to collect samples of their stormwater discharge, send the samples to a laboratory for testing, and to report the results to MPCA.

[Read a summary of MPCA industrial stormwater monitoring requirements]

All industrial stormwater permittees are required to start collecting quarterly stormwater samples one year after they receive permit coverage.

According to information being circulated by MPCA, as of November 2011, nearly half of all permittees required to collect a sample and submit results on a Stormwater Monitoring Report Form (SWMR) had failed to do so. In addition, another 25% are missing results/data on a previously-submitted SWMR. In summary, according to MPCA, only about 25% of permitted facilities were in compliance with stormwater monitoring requirements of the general permit.

MPCA is currently considering options it can take to improve compliance rates.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

EPA Action On Minnesota MPCA Regional Haze Plan

2011-11-10T09:43:00.001-06:00

The U.S. Environmental Protection Agency (EPA) has announced a court ordered schedule to review and act on more than 40 state regional haze reduction plans (including Minnesota), designed to improve visibility in national parks and wilderness areas. The EPA action by itself does not establish control requirements; EPA will work with the states to approve their plans by the court ordered deadline in the agreement. Under the terms of the consent decree, if a state plan cannot be approved, EPA will determine an appropriate federal plan.

The dates for promulgation of final rules (either accepting or rejecting State plans) begin December 13, 2011 and run through November 15, 2011. The dates for action on the Minnesota regional haze SIP are:
Proposed Promulgation: January 17, 2012
Final Promulgation: May 15, 2012

EPA initially issued a rule in 1999 requiring states to submit regional haze plans. These plans were due in December 2007, but no action was taken by the agency in response to the submittals. National Parks Conservation Association and other environmental groups sued the agency in August 2011 to take action on these plans, and the consent decree resolves this litigation. EPA will accept public comment on this agreement for 30 days following publication of a notice in the Federal Register.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Hazard Communication Requirements Changing For Minnesota Businesses

2011-11-07T07:49:00.003-06:00

On October 25, OSHA took the last step to officially adopt the Globally Harmonized System of Classification and Labeling (GHS) into the Federal Hazard Communication Standard. On that day, OSHA submitted the final rule to The Office of Management and Budget (OMB). OMB then has up to 90 days to review and finalize the rule before it is published in the Federal Register, and becomes final.

Based on this schedule, the final rule is expected to be published in January 2012. Employers subject to the Hazard Communication rule will then need to update their programs to meet the new requirements.

Caltha LLP provides expert environmental consultant services in Minnesota to develop cost effective chemical tracking and compliance programs, including assisting Minnesota companies in preparing MSDS to conform to the new GHS and to meet new chemical data reporting requirements.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

New Phase 1 ESA Requirements For SBA Lenders In Minnesota

2011-10-04T07:42:00.003-05:00

Effective on October 1, 2011, the Small Business Administration has revised its SOP relating to environmental review and environmental investigations. Minnesota lenders participating in the 7(a) or CDC loan programs must follow the new requirements under SOP 50 10 5(D). As of October 1, 2011, all documentation submitted in support of SBA loans needs to be updated to reflect SOP 50 10 5 (D), not its predecessor, SOP 50 10 5(C).

Some of the important modifications to the SBA’s environmental due diligence requirements under SOP 50 10 5(D) include:

The only change to the NAICS code list of environmentally sensitive industrial classifications is for 8111 Automobile Repair and Maintenance. All loans under this NAICS code must start with an AAI-complaint Phase I environmental site assessment with the exception of "car wash only" facilities, which can start with a Transaction Screen.

If the Property is a unit in a multi-unit building (defined as any non-industrial, multi-unit building that is comprised of four or more individual units), the investigation must proceed as follows:
-For loans $150,000 and below, the Environmental Investigation may begin with an Environmental Questionnaire.
-For loans more than $150,000, the Environmental Investigation must, at a minimum, begin with an Environmental Questionnaire and a Records Search with Risk Assessment.

Within the unique requirements for gas station loans, the SBA:
- expanded the definition of gas station loans to also include "commercial fueling facilities;" and
- replaced the previous requirement for UST testing with a requirement that the environmental professional ensure compliance with all state requirements pertaining to tank and equipment testing.

The provisions for conducting a lead risk assessment for lead based paint and testing for lead in drinking water for certain "special use facilities" (e.g., day cares, nursery schools) were expanded to include "residential care facilities occupied by children."

To the definition of Environmental Questionnaire, the SBA allows for:
- The EP to assist with the responses to the questionnaire.
- Use of the ASTM's questionnaire for Transaction Screens ( ASTM E1528-06) as a protocol for the Environmental Questionnaire.

To the definition of "Phase I ESA," the SBA added language from the EPA’s AAI rule that allows a person who is not a qualified EP to assist in an AAI-compliant Phase I, provided the person works under the supervision or responsible charge of a qualified EP and the EP reviews and signs the report.

Caltha LLP provides expert environmental consultant services in Minnesota to Lenders to meet environmental review requirements, including Phase 1 Environmental Assesments, Phase 2 Investigations, and Records Search With Risk Assessment. To request a quote, go to Caltha ESA Quote Request

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Does MPCA Require a Toxic Organic Management Plan?

2011-09-26T16:49:00.003-05:00

A number of industrial categories common in Minnesota have pretreatment standards established for total toxic organics (TTO). Categories affected by a TTO limit include:

• Electroplating (40 CFR 413),
• Metal Finishing (40 CFR 433),
• Electrical and Electronic Components (40 CFR 469),
• Metal Molding and Casting (40 CFR 464),
• Coil Coating (40 CFR 465),
• Aluminum Forming (40 CFR 467), and
• Copper Forming (40 CFR 468).

In addition to these seven categories, Pharmaceutical Manufacturing (40 CFR 439) is subject to a specific list of toxic organics with individual discharge limits.

Compliance with the pretreatment standards may be demonstrated in several different ways, including to develop and certify the implementation of a toxic organic management plan (TOMP). The TOMP details Best Management Practices or BMPs to be used to implement the general prohibitions listed in 40 CFR 403.5(a)(1) and specific prohibitions listed in 40 CFR 403.5(b). BMPs could include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Metal Finishing Pretreatment General Permit Proposed

2011-09-26T14:05:00.002-05:00

The Minnesota pollution Control Agency has released its proposed General Permit Authorization for Metal Finishing Pretreatment Discharges. This permit (MNG120000) regulates discharges from facilities subject to the federal Categorical Pretreatment Standards for the Metal Finishing Category (40 CFR pt. 433), and which discharge to Publicly Owned Treatment Works (POTW) which have not been delegated authority to administer the federal pretreatment regulations. This includes most facilities that discharge to their municipal wastewater treatment plant outside of the major metropolitan areas of the State.

Facilities regulated by this general permit perform at least one of the following six metal finishing operations:

electroplating,

electroless plating,

anodizing, coating,

chemical etching, or

printed circuit board manufacturing.

A facility is covered by the Metal Finishing category if it performs one of the preceding operations. In addition, for facilities that are covered, an additional 40 similar metal finishing operations are also regulated under that permit.

To be eligible for coverage under this general permit, the facility must meet specific applicability criteria and effluent limitations, and must submit an SDS permit application and meet all applicability criteria listed below prior to discharging a POTW.

a. The discharge consists of process wastewater subject to federal categorical pretreatment regulations for the metal finishing point source category (40 CFR pt. 433).
b. A Total Organic Management Plan (TOMP) is due by 45 days following permit issuance.
c. All wastewater to be covered by this permit must be discharged to a Publicly Owned Treatment Works (POTW) not delegated by the Minnesota Pollution Control Agency (MPCA) to administer National Categorical Pretreatment Standards.
d. The facility discharge must be acceptable to the POTW receiving the discharge.

The public comment period for this draft permit begins September 26 , 2011 and ends on October 26 , 2011.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs, including the preparation of Total Organics Management Plans, Spill Plans and SPCC Plans for metal finishing operations.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Delay In Revision To Hazard Communication Standard

2011-09-13T11:23:00.004-05:00

The U.S. Department of Labor - Occupational Safety & Health Administration (OSHA) has announced that its final Globally Harmonized System of Classification and Labeling of Chemicals (GHS) rule, originally scheduled for released in August 2011, has been delayed for a few weeks due to the extensive review of the final standard. The final standard is not expected to be published in September 2011.

Minnesota employers will be given time to update their written hazard communication programs, and to prepare revised MSDS documents once the rule becomes final. OSHA had proposed a three-year implementation period to phase in compliance with the revised hazard communication rule. During the rulemaking comment periods and at the public hearings, stakeholders submitted recommended implementation periods ranging from 3 to 15 years. OSHA has indicated that it has considered all of these comments and the implementation period will be announced when the final rule is published. However, a company may opt to classify the products now according to GHS as long as it also follows the current Hazard Communication Standard. OSHA did not propose any changes in the language requirements in the Hazard Communication Standard. However, GHS is designed to enable workers of limited literacy in the English language to understand the information.

Caltha LLP provides expert hazard communication services in Minnesota to preparation of written hazard communication programs, Minnesota OSHA AWAIR compliance, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Boiler MACT Due Dates For Minnesota Facilities

2011-09-07T10:19:00.003-05:00

In a May 18, 2011 Federal Register notice, the US EPA announced that it was delaying the "effective dates" relative to the Boiler MACT rule for existing sources. Since then some potentially affected facilities have since been inquiring if this delay meant that potentially affected facilities do not need to submit a notification of applicability by Sept 17, 2011.

According to EPA, notifications are not due by September 17, 2011. The agency plans to complete the reconsideration proposal by the end of October 2011 and issue a revised final rule by the end of April 2012. The final rule will include revised compliance due dates, including dates by which facilities will need to submit a notification of applicability.

Have questions regarding the Boiler MACT, MPCA air emission regulations, or other EPA air emission requirements, email Caltha at info@calthacompany.com

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Environmental Training Grant For Saint Paul Port Authority

2011-08-31T07:59:00.000-05:00

The U.S. Environmental Protection Agency has awarded a $300,000 Brownfields Job Training Grant to the Saint Paul Port Authority in Minnesota.

The grant will be managed by SPPA ‘s workforce development arm, Employer Solutions Inc. Employer Solutions plans to train 90 students and place at least 70% of graduates in environmental jobs. The core training consists of six three-week sessions, with courses on hazardous materials management, energy management and reducing environmental releases and emissions. Additional classes cover asbestos cleanup and hazardous waste excavation.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

EPA Action On Minnesota State Implementation Plan - SIP

2011-08-10T08:23:00.003-05:00

EPA has taken several actions on a revision to the Minnesota State Implementation Plan (SIP) which updates Minnesota's rules in the SIP. The Minnesota Pollution Control Agency (MPCA) submitted the SIP revision to EPA on May 5, 2008. The revisions to Minnesota's air quality rules reflect changes that had occurred to the state rules since 1998. EPA has approved the majority of MPCA's submittal.

However, EPA has deferred action on two sections of Minnesota's rules related to the state's operating permit program. EPA has also disapproved the state's request to remove the Minneapolis/St. Paul vehicle inspection and maintenance program from the Minnesota SIP.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

New TSCA Chemical Reporting Rules - Restart of TSCA Inventory Update

2011-08-03T15:46:00.004-05:00

The U.S. Environmental Protection Agency has finalized the revised rule for reporting the manufacture and import of chemical substances under the Toxic Substances Control Act (TSCA). This rule has commonly been referred to as the Inventory Update Reporting rule, or IUR. The revised rule, known as the Chemical Data Reporting Rule (CDR), also requires that companies submit the information electronically to EPA, rather than on paper, and limits confidentiality claims by companies. Reporting for 2010 under the IUR was originally required to be submitted between June – September 2011; however, because the revised rule had not been completed, EPA temporarily suspended reporting requirement.

The CDR Rule requires more frequent reporting of critical information on chemicals and requires the submission of new and updated information relating to potential chemical exposures, current production volume, manufacturing site-related data, and processing and use-related data for a larger number of chemicals. EPA is requiring companies to submit the information through the Internet, using EPA’s electronic reporting tool.

Companies will be required to meet new reporting requirements in the next data submission period, which will occur February 1, 2012 to June 30, 2012.

[Read a Regulatory Briefing on the new TSCA Chemical Data Reporting Rule]

Notice: For many companies that manufacture chemicals, or that import chemicals for their own use or for further distribution, the IUR (now CDR) reporting requirements are the most significant compliance requirement under TSCA affecting their operations. Because the IUR reporting requirements cycle every five years, many companies need to “relearn” the reporting requirements in advance of a reporting year.

Caltha LLP will be conducting a TSCA Compliance Training Session, with an emphasis on the new Chemical Data Reporting Rule, in October 2011 in the Minneapolis - Saint Paul Metro area. This TSCA training is intended for corporate and facility environmental compliance staff, product responsibility/product stewardship coordinators, and staff involved in purchasing or arranging imports of chemicals from foreign suppliers, and other staff involved in TSCA compliance.

If you would like to receive further information on the TSCA Compliance Training Session, once scheduled, email Caltha at Info@calthacompany.com

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

NESHAP and NSPS For Chemical Sectors

2011-07-16T13:01:00.002-05:00

EPA is proposing to combine regulatory requirements under several chemical sectors into a single sector. The chemical sector is focused on the production of synthetic organic chemicals and their intermediates, which consists of many of the North American Industry Classification System codes beginning with "325".

This sector emits hazardous air pollutants such as methanol, butadiene, and benzene, and criteria air pollutants, such as sulfur dioxide, carbon monoxide, nitrogen oxides, and volatile organic compounds. The sector is subject to 14 different National Emission Standards for Hazardous Air Pollutants (NESHAP) and six different New Source Performance Standards (NSPS). Under this proposed action, EPA will consolidate these rules into a single chemical sector NESHAP that will address air toxics and a single chemical sector NSPS that will address criteria pollutants.

In the chemical sector NESHAP, EPA proposes to consolidate the NESHAP for Hazardous Organic Chemicals (HON, subparts F-I), Miscellaneous Organic Chemicals (MON, subpart FFFF), Ethylene (subparts XX and YY), Organic Liquids Distribution (OLD, subpart EEEE), Pesticide Active Ingredients (PAI, subpart MMM), Polyether Polyols (PEPOs, subpart PPP), Group IV Polymers and Resins (P&R IV, subpart JJJ), and Vinyl Chloride (part 61 subpart F) and revise these rules to address unregulated and under-regulated emission points under Maximum Achievable Technology (MACT) or technology review for these categories. At the same time, EPA will also perform a residual risk review for the MON, Ethylene, OLD, PAI, PEPOs, and P&R IV.

EPA is currently evaluating emissions from Vinyl Chloride facilities (currently covered by the HON and the Vinyl Chloride NESHAP) to see if additional emissions limitations are needed for combustion of chlorinated organic compounds. Similarly, the agency plans to review the six chemical sector NSPS and consolidate these requirements into a single sector NSPS and expand the scope of the rule, as necessary, to include additional emissions sources and limitations.

At the present time, EPA anticipates publishing a Notification of Proposed Rule Making in the Federal Register in December 2011.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Guidance On Identifying Waters Protected By Clean Water Act

2011-06-28T13:26:00.002-05:00

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have extended the public comment period by 30 days for the draft guidance on Identifying Waters Protected by the Clean Water Act. In response to requests from state and local officials, as well as other stakeholders, EPA and the Corps will take additional comment until July 31, 2011 on this draft guidance. According to the agencies, this change in the public comment period will not impact the schedule for finalizing the guidance or alter the intent to proceed with a rulemaking.

The original 60-day public comment period was set to expire on July 1, 2011. The agencies will be publishing a notice of this 30-day extension in the Federal Register.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Annual Wetland Monitoring Report Requirements In Minnesota

2011-06-15T06:55:00.004-05:00

Wetland mitigation projects in Minnesota will sometimes require the construction of new wetlands to compensate for alteration or elimination of existing wetland basins. If a permit for the wetland mitigation project is required by the Army Corps of Engineers, Minnesota DNR, watershed district or other governmental unit, the new wetland will after require annual evaluation and preparation of an Annual Wetland Monitoring Report.

These Wetland Monitoring Reports will include a technical assessment of the condition of the wetland and compare it to the intended condition established as part of the wetland permit. If the wetland replacement does not make acceptable progress towards the intended wetland qualities, then corrective action may be required. The required content of the Annual Wetland Monitoring Report will depend on the wetland permitting agency. For example, Army Corps of Engineers requirements for Annual Wetland Monitoring Reports are contained in Regulatory Guidance Letter (RGL) No. 08-03.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain environmental permits, evaluate regulatory requirements, and to prepare Annual Wetland Monitoring Reports.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota HUD Environmental Assessment and Vapor Encroachment Screening Services

2011-06-02T07:30:00.007-05:00

Caltha LLP is a leading provider of property assessment services to organizations in Minnesota needing to meet US Housing & Urban Development HUD environmental review requirements. Services include Phase 1 Environmental Site Assessment (ESA) meeting the ASTM Standard Method ASTM E-1527-05, and Vapor Encroachment Screening Assessment meeting the ASTM Standard Method ASTM E-2600-10. Caltha provides the required HUD Reliance Letter with all assessments.

To request a quote for ESA or VEC assessments meeting HUD requirements for environmental site assessment and vapor encroachment review, go to:
Request Quote for Minnesota ESA and Vapor Encroachment Assessment

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Small MS4 Storm Water NPDES Draft Permit Issued By MPCA

2011-05-31T13:13:00.003-05:00

The Minnesota Pollution Control Agency (MPCA) has released a draft the National Pollutant Discharge Elimination System (NPDES) State Disposal System (SDS) General Permit (MNR040000) for discharges of stormwater associated with small Municipal Separate Storm Sewer Systems (MS4s). Approximately 235 MS4s will be subject to the reissued NPDES/SDS General Permit. The permit requires MS4s to develop and implement a Stormwater Management Plan (SWMP) that is designed to reduce the discharge of pollutants from their storm sewer system and to protect water quality. The SWMPs must include Best Management Practices (BMPs) for six minimum control measures that are set forth in the NPDES Program regulations 40 Code of Federal Regulations § 122.34 (a) and (b). NPDES/SDS General Permit for Small Municipal Separate Storm Sewer Systems (or MS4s)

The draft general permit that MPCA proposes to reissue includes several modifications from the existing general permit, which expires on May 31, 2011. The MPCA has modified the existing NPDES/SDS General Permit to meet federal and state requirements for impaired waters and to address several main issues the MPCA identified as needing revision and/or clarification. The draft permit includes revised requirements for MS4 mapping, illicit discharge detection and elimination, construction stormwater erosion and sediment control, and post-construction stormwater management. The draft permit also includes new requirements for impaired waters covered by an EPA approved Total Maximum Daily Load (TMDL).

Interested persons can submit written comments on the draft permit. The public comment period begins May 31, 2011 and ends on July 15, 2011.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Wetlands - Draft Guidance on Applicability of Federal Rules

2011-05-01T10:58:00.001-05:00

On April 27, 2011, The US Corps of Engineers and US EPA issued “Draft Guidance on Identifying Waters Protected by the Clean Water Act”. The Draft Guidance interprets two key Supreme Court decisions on the applicability of the Clean Water Act to wetlands. The Draft Guidance addresses both wetlands and waterbodies and is limited to whether the federal Clean Water Act applies; it does not determine what state laws or regulations might apply.Following the 60-day public comment period, EPA and the Corps intend to finalize the Guidance and then initiate formal rulemaking.

Under the Draft Guidance, federal jurisdiction would apply to wetlands that are 1) adjacent to either traditional navigable waters or interstate waters; 2) directly abut relatively permanent waters; or 3) are adjacent to jurisdictional tributaries to traditional navigable waters or interstate waters if there is a “significant nexus”

The federal jurisdiction would apply to waterbodies that are 1) traditional navigable waterbodies; 3) interstate waterbodies; or 3) non-navigable tributaries to traditional navigable waters that are relatively permanent tributaries to traditional navigable waters or interstate waters if there is a “significant nexus”

The applicability to the category of “other waters”, including some that are physically proximate to other jurisdictional waters and some that are not, will be based on fact specific circumstances

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Calculation of Aquatic Life Screening Values For Pesticides

2011-04-08T05:25:00.004-05:00

OW – OPP Harmonization and Derivation of Aquatic Life Screening Values For Pesticides: Growers’ Perspectives

Presented at: CropLife America and RISE 2011 Science and Regulatory Spring Conference, Alexandria, VA, April 7, 2011

Abstract: Paper discuses some of the keys differences between OPP and OW data use and the OPP-OW Harmonization for aquatic life benchmark calculation methodologies. Discussion includes use of water quality benchmarks in Minnesota under the Minnesota Pesticide Management Plan.

Seven areas of concern are discussed, including:

Using Screening Methods To Set Legally Enforceable Water Quality Standards

Data Acceptability Requirements Between OPP and OW Are Not Adequately Addressed

Key Issues Regarding Use of Plant Data Are Not Adequately Addressed

Stated Criteria For Evaluation of Methodologies Are Inconsistent

Implementation and Uses of Methodologies Under FIFRA - CWA Inadequately Addressed

Use of Predicted or Estimated Values

Use of Unqualified Data and Requirement For Minimum Data Set

For demonstration purposes, hypothetical aquatic life screening values are compared to water quality data for Acetochlor in Minnesota from 2004 to 2009, which includes over 2000 samples.

Click below to review presentation slides:

OW – OPP Harmonization and Derivation of Aquatic Life Screening Values: Growers’ Perspectives

For further information, contact Caltha LLP at: Email: info@calthacompany.com Phone: (763) 208-6430 Website: http://www.calthacompany.com/ Two Minnesota offices - Minneapolis and Pine River

Inventory Update Reporting Rule - 2010 IUR Report

2011-03-31T10:11:00.002-05:00

Calendar year 2010 is a reporting year for the TSCA Inventory Update Rule (IUR). The IUR is one of the most widely applicable requirements under TSCA; reporting is required for both manufacturers and importers of TSCA regulated chemicals (even if imported for your own use).

EPA is still finalizing the requirements for this reporting period, consequently, the 2010 reports cannot be submitted at the present time. EPA is expecting to publish the final guidance documents in May 2011, with the proposed reporting period beginning a month later (June 1, 2011) and continuing until the end of September. The submission will be web-based, using the EPA's Central Data Exchange (CDX) site.

Caltha LLP provides specialized expertise to clients in Minnesota offering TSCA and EPCRA reporting technical support, TSCA IUR reporting, and preparing cost-effective chemical tracking & management programs.

For further information, contact Caltha LLP at: Email: info@calthacompany.com Phone: (763) 208-6430 Website: http://www.calthacompany.com/ Two Minnesota offices - Minneapolis and Pine River

Deferral Of GHG Permit Requirements for Biomass & Bioenergy Facilities

2011-03-15T07:02:00.003-05:00

The U.S. Environmental Protection Agency (EPA) is proposing a 3 year deferral of Clean Air Act permitting requirements for carbon dioxide (CO2) emissions from bioenergy and other biogenic sources. This additional time will allow the agency to conduct a detailed review on this issue. Sources covered by this proposal would include facilities that emit CO2 from burning forest or agricultural products for energy, wastewater treatment, waste management (landfills), and fermentation processes for ethanol production. Facilities meeting the requirements under the agency’s greenhouse gas (GHG) reporting program will still need to report their CO2 emissions.

New EPA guidance is also being released to assist permitting authorities to determine if using biomass as a fuel can be considered the best available control technology (BACT) for CO2 emissions from the large sources needing permits. According to EPA, this guidance can be used until EPA takes final action on the deferral.

EPA will accept comments on the proposed deferral for 45 days following publication in the Federal Register.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Vapor Intrusion Testing Around Saint Louis Park Superfund Site

2011-02-25T09:02:00.002-06:00

U.S. Environmental Protection Agency, Minnesota Pollution Control Agency, Minnesota Department of Health and the city of St. Louis Park have scheduled two open houses Thursday, March 3, to answer questions about upcoming vapor intrusion testing near the Reilly Tar & Chemical Superfund site. The open houses will be held from 2-4 pm and 6-8 pm at the St. Louis Park Public Library.

In late March or early April, EPA will offer free air sampling air in about 30 homes and apartment buildings in an area bounded by 32nd Street West to the north, Highway 7 to the south, Louisiana Avenue to the east and Pennsylvania Avenue to the west. The area is part of the Reilly Tar & Chemical Corp. Superfund site, which was sold to St. Louis Park and converted to residential and recreational uses in 1972.

Air samples will be analyzed for the presence of polycyclic aromatic hydrocarbons (PAH), which have been detected in the groundwater and soil under the site. Air sampling will involve "sub-slab" sampling under basements and slabs to test for gases that may be collecting beneath building foundations. The vapor intrusion testing is part of a required post-cleanup review of the site by EPA and MPCA.

In 2008, EPA and state and local agencies investigated an unrelated vapor intrusion site in St. Louis Park involving about 250 properties in a neighborhood to the east of the current testing area.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota "Environmental Assessment" And "Phase 1 Environmental" Services

2011-02-24T09:50:00.003-06:00

Caltha LLP provides high quality, rapid response “Environmental Assessment” services in Minnesota at a very competitive cost. Buyers, Sellers, Banks and other lenders rely on Caltha LLP to meet tight schedules to complete their due diligence before loan closings.

“Phase 1 Environmental Site Assessment” (Phase I ESA)
Caltha offers Phase 1 ESAs at a very competitive cost across the entire State of Minnesota. Phase 1 ESA projects are conducted quickly using our most experienced staff, all of which meet the ASTM qualification requirements for an “Environmental Professional”.

Click here to request Phase I ESA Quick Quote >>

“Phase 2 Environmental Site Assessment” – Site Investigation
Caltha can also conduct your Phase 2 Site Assessment or Limited Site Investigation. Caltha has conducted investigations of current and historic spills, leaking tanks, uncontrolled waste dumps, off-site source determinations. Caltha works with State agencies to obtain No Further Action letters, or other liability protections.

Environmental “Records Search With Risk Assessment”, RSRA
Many lenders and their customers use Caltha to prepare environmental records search, often to comply with requirements of the US Small Business Administration Environmental Policies. Caltha conducts rapid response RSRA for any site across the State of Minnesota for same low cost.

Click here to request RSRA Quick Quote >>

SBA Environmental Review, SBA Site Assessment
Since 2008, the SBA has required environmental review of all real estate loans; the level of investigation required will depend on a number of factors. Caltha is retained by SBA lenders, Community Development Corporations, and borrowers applying for SBA backed loans to conduct the required investigations. This commonly is a "Phase i Environmental" and/or an “Environmental Records Search with Risk Assessment” (RSRA)

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Stormwater Monitoring Services - Storm Water Sampling Services

2011-02-24T09:14:00.006-06:00

Under the new Minnesota general storm water permit, all permitted facilities will need to conduct stormwater sampling. Facilities will need to conduct quarterly monitoring of their stormwater discharge locations for four consecutive quarters (i.e, one year). The date when the monitoring year begins will depend on the industrial sector a facility falls into, and will begin in either June 2011, August 2011 or October 2011 for most facilities.

The chemical parameters that need to be analyzed for will also depend on the facility’s industrial sector.

More information on stormwater monitoring and storm water benchmarks:

Summary of MPCA industrial stormwater permit

Minnesota industrial stormwater control requirements

Summary of industrial sector requirements and stormwater benchmarks

Presentation from November 2010 on historic industrial stormwater monitoring results compared to industrial storm water benchmarks

Beginning in April 2011, Caltha LLP will be conducting training sessions to assist facilities as they prepare for Benchmark Monitoring. To request information on these sessions, as it becomes available, please email info@calthacompany.com or call (763) 208-6430

Caltha LLP provides expert stormwater consultant services in Minnesota to prepare stormwater pollution prevention and spill prevention plans, prepare stormwater benchmark monitoring programs, and to develop cost effective employee training programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Final Boiler MACT Will Affect Minnesota Facilities

2011-02-24T07:34:00.004-06:00

U.S. Environmental Protection Agency (EPA) has issued final Clean Air Act standards for boilers and certain incinerators in response to federal court orders requiring the issuance of final standards. Based on the public input received following its April 2010 proposed rule, EPA made extensive revisions, and in December 2010 requested additional time for review to ensure the public’s input was fully addressed. The court granted EPA an additional 30 days.

Because the final standards significantly differ from the previous proposals, EPA believes further public review is required. Therefore, EPA will reconsider the final standards under a Clean Air Act process that allows the agency to seek additional public review and comment to ensure full transparency. EPA’s reconsideration will cover the emissions standards for large and small boilers and for solid waste incinerators.

The types of boilers and incinerators covered by these updated standards include:

Boilers at large sources of air toxics emissions: It is estimated that the final rules will affect about 13,800 boilers located at large sources of air pollutants, including refineries, chemical plants, and other industrial facilities. These standards will limit emissions of pollutants including mercury, organic air toxics and dioxins at some of these sources.

Boilers located at small sources of air toxics emissions: It is estimated that the final rules will affect about about 187,000 boilers located at small sources of air pollutants, including universities, hospitals, hotels and commercial buildings. The original standards for these have been refined and updated to ensure maximum flexibility for these sources, including for some sources, revising the requirement from maximum achievable control technology to generally available control technology.

Solid waste incinerators: There are estimated to be 88 solid waste incinerators nationwide that burn waste at a commercial or an industrial facility, including cement manufacturing facilities. These standards, which facilities will need to meet by 2016 at the latest, will limit emissions of mercury, lead, cadmium, nitrogen dioxide and particles.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Tier 2 - Tier II Chemical Inventory Reports in Minnesota

2011-02-16T07:41:00.003-06:00

What is EPCRA?
EPCRA (Emergency Planning and Community Right-To-Know Act) is a law designed to inform communities and emergency responders about chemicals and chemical hazards present and transported in the community. Under EPCRA, a facility potentially subject to regulation includes all buildings, structures, equipment, and other stationary items located at the same single place and controlled or operated by the same entity.

Under EPCRA 311 and 312 notification of chemical storage and annual chemical inventory reports (Tier II reports) and emergency plans required from facilities by EPCRA.

How is EPCRA 311-312 Implemented In Minnesota?
In Minnesota, the requirements of EPCRA 311-312 are supplemented through Minnesota Rules Chapter 7513, Hazardous Substance Notification. Facilities can either submit a "Tier 1 - Emergency and Hazardous Chemical Inventory" form or a facility may submit a Tier 2 form, "Emergency and Hazardous Chemical Inventory".

What is a Tier 2 Report?
EPCRA requires that facilities submit certain annual EPCRA reports with the local fire department, and other emergency response agencies. These reports are called Tier 2 Reports. Tier 2 reports summarize the storage of hazardous materials at the facility. All materials that exceed threshold planning quantities (TPQ) are to be reported. These TPQ are 10,000 pounds for most hazardous materials, however for some common materials, the TPQ can be significantly less – sometimes as little as 10 pounds.

What Are Hazardous Materials Under EPCRA?
Materials that require reporting under EPCRA 311/312 include any materials which are defined by OSHA as being potentially hazardous, and require an MSDS, or listed as hazardous substances. This includes many types of materials which would not be considered by most facilities as "chemicals".

Caltha LLP provides expert environmental consultant services in Minnesota to prepare hazardous material and chemical storage inventories, prepared EPCRA reports, and to develop cost effective EPCRA compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Thermal Infrared Camera Inspections In Minnesota

2011-02-03T15:37:00.004-06:00

Thermal Infrared Camera Inspections

Thermal infrared cameras are rapidly becoming the high-tech standard for identifying specific areas where energy is being wasted at your facility on a daily basis. The benefits of thermal infrared inspections extend beyond the building envelope and help spot inefficient equipment, water leaks, mold, electric hazards and many other hidden problems.

Examples of how thermal infrared camera inspection can be used to help your facility save energy and money include:

Identify gaps and cracks in a building’s envelope where heat is escaping (winter) or infiltrating (summer).
Identify areas in the building envelope where insulation is missing or inadequate.
Identify which electric devices (such as motors) are running hot and are in need of maintenance.
Identify whether steam traps are operating inefficiently and are in need of maintenance.
Identify areas where piping insulation (hot water, steam or refrigerant) has deteriorated.

By using this new technology and working closely with facility maintenance staff, these inspections, together with the appropriate remedial actions, can help reduce energy costs while increasing safety and productivity by preventing problems from escalating into more costly repairs.

Caltha LLP provides expert energy efficiency and Certified Energy Manager services in Minnesota including performing infrared camera assessments of buildings, systems and equipment, and energy audits.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Priority Chemicals Under Minnesota Toxic Free Kids Act

2011-01-31T11:29:00.003-06:00

The 2009 Minnesota Toxic Free Kids Act (Minn. Stat. 2010 116.9401 – 116.9407) requires the Minnesota Department of Health (MDH) to create two lists of chemicals: “Chemicals of High Concern” and “Priority Chemicals.” In addition, the Minnesota Pollution Control Agency (MPCA) is required to make recommendations about mechanisms to reduce and phase out the use of priority chemicals in children’s products and to promote the use of safer alternatives.

The list of Priority Chemicals was required to be published no later than February 1, 2011, but MDH can update the list whenever a new priority chemical is designated.

On January 31, 2011, the MDH published its Priority Chemicals, which include:

Bisphenol A (BPA) (CAS 80-05-7)
Butyl benzyl phthalate (BBP) (CAS 85-68-7)
Cadmium (CAS 7440-43-9)
Decabromodiphenyl ether (decaBDE) (CAS 1163-19-5)
Dibutyl phthalate (DBP) (CAS 84-74-2)
Di (2-ethyhexyl) phthalate (DEHP) (CAS 117-81-7)
Formaldehyde (CAS 50-00-0)
Hexabromocyclododecane (HBCD) (CAS 3194-55-6)
Lead (CAS 7439-92-1)

In 2010, MDH released its list of “Chemicals of High Concern”. Click here for more information on Chemicals of High Concern.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Executive Order To Streamline Environmental Permits

2011-01-31T11:24:00.002-06:00

The Minnesota Governor Mark Dayton has signed an executive order directly the Commissioner of Natural Resources and the Commissioner of the Pollution Control Agency to take actions in streamline environmental permitting processes used by the agencies. The order requires:

“1. The Commissioners shall accelerate and simplify environmental review and permitting by enabling environmental review and permit applications to be submitted electronically.

2. The Commissioners shall establish a goal for each of their agencies to decide, within 150 days after the agency determines that an environmental or natural resource permit application is complete, whether to issue the permit. The Commissioners shall, within six months after the effective date of this order, submit to the Governor a progress report on meeting the goal and any additional administrative recommendations to further reduce decision times.

3. The Commissioners shall establish a goal for each of their agencies to decide, within 30 days after an environmental impact statement is finally approved, whether to issue the permit. The Commissioners shall promptly report to the Governor any decisions that do not meet the goal. 4. The Commissioner of the Pollution Control Agency shall, within 60 days after the effective date of this order, evaluate and report to the Governor any recommendations the Commissioner deems appropriate to amend Minnesota Statutes, section 115.07, and applicable Minnesota Rules, to be more consistent with federal regulations that, under certain conditions, permit construction to commence before a water discharge permit is issued.

5. The Commissioner of the Pollution Control Agency shall include, in any statement of need and reasonableness for rules to adopt air quality or hazardous waste or water quality standards, an analysis of proposed standards that are more stringent than similar federal standards including justification for why the standards are needed to protect public health and the environment, and a comparison to similar standards in border states and states within Environmental Protection Agency region 5”

The Executive Order will become effective 15 days after publication in the State Register and filing with the Secretary of State.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota EH&S Regulatory Overview Training - April 2011

2011-01-24T15:01:00.005-06:00

The ACHMM-NSC EH&S Regulatory / CHMM Overview Workshop provides a comprehensive overview of the major regulatory programs, topics and concerns in environmental, health & safety management. Although some participants attend the course to prepare to take the Certified Hazardous Material Manager (CHMM) exam, many environmental professionals take the Regulatory / CHMM Overview Workshop to enhance their breadth of competence in their professions and/or to get up-to-date.

Course Dates: April 19 through April 21, 2011
Course Location: Bloomington, Minnesota

For registration information, go to:

http://www.ahmp-nsc.org/course.php

Course highlights include...

Federal Statutes Overview
A brief history, Perspective, Fit the pieces together

Liability and Compliance
Laws & jurisdictions, Types of torts, Negligence

Clean Water Act
Goals & objectives, Wastewater standards & enforcement, Oil spill control, Storm water management

Clean Air Act
New source review standards, National emission standards for hazardous air pollutants, Non-attainment areas, Risk Management Plans (RMP)

Toxic Substances Control Act (TSCA)
Pre-Manufacturing Notice (PMN), Significant New Use Rule, Cradle to grave responsibility

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Reportable quantities, Notifications, National Contingency Plan, Superfund Amendments and Reauthorization Act, Who is responsible and who pays, De-listing

Community Right-to-Know (SARA Title III - EPCRA)
Community Emergency Planning, Threshold quantities, EHS, Toxic Release Inventory reports

Chemistry of Hazardous Materials
Importance of basic knowledge, Physical and chemical properties, Nomenclature & properties of organic compounds

Toxicology
Dose response, Measures of effects, Exposure assumptions

Geology
Geology basics, Hydrogeology, Groundwater contaminant flow, Monitoring wells

Radiation Principles for Hazardous Materials Managers
Alpha, Beta & Gamma Radiation, Units of measure, Transportation, Means of protection

Asbestos
Types of Asbestos, Health effects, Regulatory requirements

Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Types of products included, Applicator certification, Worker protection rules

Hazardous Materials Transportation
DOT regulations, Hazardous materials versus hazardous waste, Hazard classifications, Container requirements

OSHA
General Safety, HAZWOPER, Hazard communication, Process safety

Accident Scenario
Sample incident, Incident Command System, Roles of responders, Proper preparation

Environmental Management Systems
History of EMS, ISO-14001 Standard, Application to OSHA & HazMat

Environmental Considerations in Real Estate/ Due Diligence Assessments
Phase I assessments, Phase II investigations, Voluntary cleanup letters of assurance

Underground Storage Tanks
Leak prevention, Detection of leaks, Response, Petroleum and hazardous substances vs. hazardous waste

Resource Conservation & Recovery Act (RCRA)
Regulated hazardous waste, Generators & transporters, Permitted treatment, storage & disposal facilities

Waste Analysis
Waste stream identification, Sampling methods, The TCLP analysis, Waste analysis plans for TSDs

Hazardous Waste Treatment Technologies
Physical methods, chemical methods & biological methods, Evaluation and selection

Waste Reduction/Minimization and Pollution Prevention
Regulations that apply, Definitions, Best Practices

Compliance Audits
Auditing processes, Auditor qualifications, Liability management, Best practices

Motivation of Employees with Respect to Environmental Matters
Defining motivation & Incentives, Practical tools & methods

CHMM Code of Ethics
What it covers, How it applies to you

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

GHG Threshold Proposed For Mandatory Environmental Assessment Worksheet EAW

2011-01-24T13:37:00.003-06:00

The Minnesota Environmental Quality Board (EQB) has published its intent to adopt rules without a public hearing that would add a specific threshold number applying to greenhouse gas (GHG) emissions to the mandatory EAW category for air pollutants at part 4410.4300, subpart 15. The level proposed is a combined total of 100,000 tons per year of GHGs, expressed as carbon dioxide equivalents. The gases to which this threshold would apply are carbon dioxide; methane; nitrous oxide; hydrofluorocarbons (HFCs); perfluorocarbons (PFCs); and sulfur hexafluoride.

The proposed rule amendments requiring a mandatory Environmental Assessment Worksheet (EAW) include:

"Subp. 15. Air pollution. Items A and B designate the RGU for the type of project listed.

A. For construction of a stationary source facility that generates 250 tons or more per year or modification of a stationary source facility that increases generation by 250 tons or more per year of any single air pollutant, other than those air pollutants described in item
B, after installation of air pollution control equipment, the PCA shall be the RGU.

B. For construction of a stationary source facility that generates a combined 100,000 tons or more per year or modification of a stationary source facility that increases generation by a combined 100,000 tons or more per year of greenhouse gas emissions, after installation of air pollution control equipment, expressed as carbon dioxide equivalents, the PCA shall be the RGU. For purposes of this subpart, “greenhouse gases” include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride, and their combined carbon dioxide equivalents shall be computed by multiplying the mass amount of emissions for each of the six greenhouse gases in the pollutant GHGs by the gas’s associated global warming potential published in the Federal Register, volume 74, pages 56395 and 56396, as amended, to be codified as Table A-1 to subpart A of Code of Federal Regulations, title 40, part 98, Global Warming Potentials, as amended, and summing the resultant value for each. "

Written comments on the proposed rule amendment are being accepted by EQB until February 23, 2011.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Boiler MACT Deadline Extension Granted

2011-01-21T09:00:00.001-06:00

A federal District Court judge in Washington D.C. issued an order extending EPA’s deadline to issue emission standards for large and small boilers and solid waste and sewage sludge incinerators by 30 days.

Once issued, the standards, commonly referred to as the Boiler MACT, will be significantly different than those proposed in April 2010. The agency expects to solicit further comment on the revised rules. The rules would become effective 60 days after publication in the Federal Register.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain MPCA air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota TSCA Inventory Update Rule Reporting

2011-01-20T07:28:00.003-06:00

Calender year 2010 was a reporting year under the TSCA Inventory Update Rule (IUR), and operations in Minnesota subject to Federal IUR reporting will need to submit reports in 2011. Under Section 8(a) of the Toxic Substances Control Act (TSCA), every five years companies that either manufacture or import chemicals or mixtures of chemicals on the “TSCA List” must report their activities. The reporting requirement, referred to as the “Inventory Update Rule”, or IUR, is only one of several requirements in TSCA. The IUR requirements are the most broadly applicable of all the TSCA requirements.

When are 2011 IUR reports due?

According to the Chemical Control Division at the Environmental Protection Agency the submission period for 2011 TSCA IUR reporting is from June 1 - September 1, 2011. However, there are proposed changes to what is required for submittal. These were drafted last July, but these changes have not yet been approved. EPA expects that the submittal requirements will be finalized by at least 30 days prior to the beginning of the reporting period (by May 1, 2011).

If approved as drafted, the majority of information required will be from 2010, however, there will also be additional production data required from the years 2006 - 2010.

Caltha LLP provides expert environmental consultant services in Minnesota to determine applicability of Inventory Update Rule, prepare IUR reports to EPA, and to develop cost effective chemical tracking programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

MPCA General Permit NPDES Permit For Pesticide Application

2011-01-20T06:26:00.001-06:00

The Minnesota Pollution Control Agency (MPCA) has released a proposed general NPDES permit to cover certain types of applications of pesticides. The requirement for NPDES permit coverage is in response to a 2009 ruling by the 6th Circuit Court of Appeals. The Court ruled that NPDES permits were required for all biological and chemical pesticide applications that leave a residue in water when such applications are made in or over, including near, waters of the United States.

The U.S. EPA published a Draft Pesticide General Permit (PGP) on June 4, 2010, and intends to final issue the permit by mid-February 2011. Unlike the single permit proposed by EPA, MPCA has prepared four separate General Pesticide Permits to address different use patterns - Mosquito and Other Flying Insect Pest Control (MNG870000), Forest Canopy Pest Control (MNG873000), Aquatic Nuisance Animal Pest Control (MNG874000), and Vegetative Pests and Algae Control (MNG876000).

Only entities that exceed a threshold listed in each permit are required to submit an application for permit coverage. Permittees that are required to submit an application must do so within six months after permit issuance. Those applicators that do not exceed the threshold will need to comply with the basic permit requirements, but are not required to submit an application.

The permits require that all permittees minimize their discharges to waters of the state. This includes using the lowest effective amount of pesticide and optimal frequency of application, preventing leaks and spills, calibrating equipment, and monitoring to record the amount of pesticides used and the area where they are applied to determine when/if the threshold will be exceeded. Visual monitoring is also required during pesticide application to identify adverse effects to non-target organisms. If there are adverse effects from pesticide application, the permittee is required to contact the Duty Officer and take corrective actions to minimize the effects. Permittees must also implement Integrated Pest Management (IPM) and develop a Pesticide Discharge Management Plan (PDMP).

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Data For Emission Calculations From Animal Feeding Operations

2011-01-13T14:47:00.002-06:00

U.S. Environmental Protection Agency has released data from a two-year study of air emissions from animal feeding operations (AFOs). AFOs, which house large numbers of animals for production of meat, dairy products and eggs, were monitored for four air pollutants: ammonia, hydrogen sulfide, particulate matter and volatile organic compounds.

EPA will use data from the studies to help develop improved methodologies for estimating AFO emissions. Such methodologies are commonly used to estimate emissions from industries where site-specific monitoring data are not available. EPA expects to make draft methodologies available for public review and comment on a rolling basis, beginning in spring 2011.

EPA also is issuing a Call for Information seeking data from other monitoring studies of AFO emissions, especially from operations that raise pigs, chickens, turkeys and beef cattle, and for egg-laying and dairy cattle operations. EPA is requesting quality-assured data on emissions of ammonia, hydrogen sulfide, particulate matter and volatile organic compounds, along with information about how animals are housed or managed, and how manure is stored and treated at the monitored operations.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Coalition Receives National Achievement in Environmental Justice Award

2010-12-17T16:08:00.002-06:00

U.S. EPA Region 5 has recognized a St. Paul, Minnesota-based coalition for its efforts to address environmental justice. EPA honored Transportation Equity/Stops for Us Coalition with a National Achievement in Environmental Justice award.

The Stops for Us Coalition formed a broad-based partnership and helped secure the construction of three new light rail transit stations. The new stations will provide residents in the city’s Central Corridor along University Avenue between Snelling Avenue and Rice Street with access to housing, jobs, education and the many amenities of the Twin Cities metropolitan region.

The goal of EPA’s National Achievements in Environmental Justice Awards is to encourage communities to form partnerships to work together to solve environmental problems, to identify and take actions that directly benefit the community residents, and to document successes that can be used in other communities to address significant environmental justice concerns.

Caltha LLP provides expert environmental consulting services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Environmental Site Assessment, Lender Liability Training

2010-12-13T09:33:00.003-06:00

Understanding Lender Environmental Liabilities and Environmental Review Requirements
Minnetonka, Minnesota
January 19, 2011

This half day training seminar is being provided for individuals who have responsibilities for managing liabilities associated with commercial lending, and those needing to meet environmental due diligence requirements prescribed by the U.S. Small Business Administration (SBA).

Agenda

Legal and Regulatory Aspects of Lender Environmental Liability. Lenders need to be aware of potential environmental liability associated with the past use of property. This session will focus on due diligence review, the All Appropriate Inquiry standard and liability assurances that are available to Lenders and Borrowers to address these liability concerns.

Lender Liability Protection and Due Diligence Tools. This session will provide an overview of the typical assessment tools, including transaction screening, Phase 1 and 2 environmental site assessments. The session will also cover a specific type of assessment process required by SBA, a “Records Search With Risk Assessment”. Finally, the session will discuss the use of Reliance Letters by Lenders and SBA.

Overview of SBA Environmental Policies and Procedures. This session will provide an overview of environmental review requirements in SBA Standard Operating Procedure SOP 50-10(5), which applies to 504 Loan programs, and SOP 50-51(3), which defines the Post-default Environmental Investigations required by SBA.

Case Studies. During the final session, case studies will be presented to emphasize the key concepts of Lender Environmental Liabilities.

For further information go to:
Understanding Lender Environmental Liabilities and Environmental Review Requirements

Sponsored by Caltha LLP, a leading provider of environmental assessment & environmental due diligence services in Minnesota

Minneapolis, MN, Pine River, MN, Eau Claire, WI, Tucson, AZ
www.calthacompany.com

Thermal Insulation Standards In Minnesota, Product Labeling Requirements

2010-12-13T08:30:00.004-06:00

The Minnesota Department of Commerce (MDC) has proposed amendments to rules governing residential thermal insulation standards in Minnesota. Minnesota Statutes require the MDC to establish standards for the product quality, safety, installation, and labeling of residential thermal insulation products. MDC is considering rule amendments to:

1) change ASTM standards referenced throughout Parts 7640.0120 and 7640.0130 to the most recent versions,
2) change references relating to acceptance criteria for foam plastic thermal insulation products published by the International Code Council and adopted by reference by Part 7640.0130, and
3) amend two definitions in part 7640.0120 to be consistent with the proposed changes.

The amendment to the rules would likely affect manufacturers, wholesalers and installers of residential thermal
Insulation in Minnesota. MDC is accepting comments or information on this possible rule in writing or orally for 60 days.

Caltha LLP provides Certified Energy Auditor services in Minnesota to conduct commercial and industrial energy audits, and to conduct residential energy effiency assessments .

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Minneapolis, Minnesota and Pine River, Minnesota

Hazardous Substance Release Reporting Requirements For Agricultural Facilities

2010-12-05T13:22:00.004-06:00

On December 18, 2008, EPA published a Final Rule, "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms ("Final Rule").

The Final Rule established exemptions from certain reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right to Know Act (EPCRA). In 2009, Waterkeeper Alliance filed a Petition for review of the Final Rule. The petition challenged the exemptions under both CERCLA and EPCRA. Also in 2009, the National Pork Producers Council filed its Petition for Review challenging a portion of the Final Rule that amended the EPCRA regulations. The two cases were consolidated.

Since 2009, the case has been held in abeyance so that the parties could participate in the D.C. Circuit Mediation Program. The mediation process did not resolve the issues raised by all of the parties, but it did raise issues warranting reconsideration of the final rule by EPA. As such, EPA sought and received a voluntary remand, without vacature of the Final Rule during the reevaluation period.

Caltha LLP provides expert environmental consultant services in Minnesota to assist in CERLCA and EPCA release reporting and Minnesota spill reporting requirements, Tier 2 Hazardous Material reporting under EPCRA 311 and 312, and Minnesota Toxic Release Inventory TRI reporting requirements

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Potential Endocrine Disrupting Chemicals Identified For Screening

2010-11-16T17:01:00.003-06:00

U.S. Environmental Protection Agency (EPA) has identified a list of 134 chemicals that will be screened for their potential to disrupt the endocrine system. The chemicals listed include those used in products such as solvents, gasoline, plastics, personal care products, pesticides, and pharmaceuticals, including benzene, perchlorate, urethane, ethylene glycol, and erythromycin.

The list includes chemicals that have been identified as priorities under the Safe Drinking Water Act (SDWA) and may be found in sources of drinking water. The list also includes pesticide active ingredients that are being evaluated under EPA’s registration review program to ensure they meet current scientific and regulatory standards. The data generated from the screens will provide information to help EPA identify whether additional testing is necessary, or whether other steps are necessary to address potential endocrine disrupting chemicals.

After public comment and review, EPA will issue test orders to pesticide registrants and the manufacturers of these chemicals to compel them to generate data to determine whether their chemicals may disrupt the estrogen, androgen and thyroid pathways of the endocrine system.

EPA is already screening an initial group of 67 pesticide chemicals. In October 2009, the agency issued orders to companies requiring endocrine disruptor screening program data for these chemicals. EPA will begin issuing orders for this second group of 134 chemicals beginning in 2011.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Energy Efficiency Retrofit Loan Program In Minnesota

2010-11-10T10:54:00.003-06:00

The Saint Paul Port Authority (SPPA) is offering businesses in Minnesota with financial and technical support to plan and implement energy efficiency improvement projects. Their goal is to see annual reduction in energy consumption of one trillion Btus, equivalent to yearly energy usage of half of Downtown of Saint Paul.

SPPC is using Federal stimulus monies through the Minnesota Department of Commerce to create a business loan program. To enter the program, businesses first voluntarily agree to conduct energy audits paid for by the Xcel Energy Company. Engineering studies then are performed on portions of the facility with conservation opportunities, with 25% of the cost paid by the participating business and 75% paid by Xcel Energy. Finally the installation of necessary physical improvements is covered by a Port Authority Loan and an Xcel Energy Rebate. Loan repayment rate is calculated to be less than estimated energy savings.

SPPA and the other program participants hope that businesses will achieve reduced energy costs, and will have access to innovative “postive-cash-flow” project financing following stringent technical and financial due diligence. Participating businesses will be more competitive and able to maintain employment levels. As a result more of Minnesota’s capital will remain in the State and less will go to purchase foreign fossil fuels. The program would also enhance the ability of utilities to meet their energy savings goals in the Next Generation Energy Act of 2007.

Caltha LLP provides certified COMMERCIAL ENERGY MANAGERS (CEM) to conduct Commercial Energy Audits in Minnesota.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Energy Efficiency Retofit Best Practices Guidelines

2010-11-10T09:46:00.005-06:00

U.S. Environmental Protection Agency (EPA) has released for comment today a series of best practice tools to maintain or improve indoor air quality and residents’ health when performing home energy retrofits. These protocols are intended to ensure home energy retrofits include appropriate health protections. EPA’s draft protocols will be available for public comment for 30 days.

The draft “Healthy Indoor Environment Protocols for Home Energy Upgrades” are intended for voluntary adoption by weatherization assistance programs, federally funded housing programs, private sector home performance contractors, and others working on residential retrofit or remodeling efforts of single family and multi-family low-rise residential homes. The protocols include recommended minimum specifications and best practices to be followed during and after home energy retrofits.

The protocols are a companion document to the Department of Energy’s Workforce Guidelines for Home Energy Upgrades. The DOE guidelines are intended to foster the growth of a skilled work force that will increase the homeowner’s confidence in the retrofit industry and increase the demand for home energy retrofits.

Caltha LLP provides certified COMMERCIAL ENERGY MANAGERS (CEM) to conduct Commercial Energy Audits in Minnesota.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

MPCA Benchmarks Compared to Past Stormwater Monitoring Data

2010-11-08T06:13:00.005-06:00

Industrial Stormwater Benchmarks – Comparison of New Minnesota Benchmark Concentrations To Historic Industry-specific Testing Results

Conclusions:

Benchmarks more likely to be exceeded are:
Total suspended solids (TSS)
Metals, especially iron
All industrial sectors are equally likely to exceed benchmarks for TSS
For toxic chemicals and metals, volume of use or storage on-site is not a good predictor of meeting benchmarks
Certain industrial sectors are more likely to exceed other benchmarks
Food sector – COD, BOD
Sawmills – COD
Primary metals/foundries – Fe, Cu
Concrete plants – Fe
Salvage yards – Al, Fe
Improving chance of meeting benchmarks requires active prevention program
Resampling without corrective action does not improve chances of meeting benchmarks

Link to presentation slides

Abstract:
In 2010, the Minnesota Pollution Control Agency (MPCA) reissued the Multi-Sector General Permit (MSGP) for industrial stormwater discharges. The reissued permit included significant changes to stormwater discharge requirements for permitted sites, which are now divided into 29 industrial sectors. One of the most significant changes was the requirement for sampling stormwater and reporting results to MPCA. Each sector has been assigned sector-specific stormwater benchmark concentrations. Beginning in June 2011, all sites permitted under the MSGP will have to collect stormwater samples and have samples analyzed for their sector-specific benchmark parameters. If one or more benchmarks are exceeded, sites will be required to upgrade their pollution prevention measures and will need to do further stormwater monitoring.

Since the 1980s, the U.S. Environmental Protection Agency (USEPA) has collected industry-sector data on stormwater discharge. The linked presentation provides a comparison of these historic industrial stormwater results to the current MPCA stormwater benchmark concentrations. The results are discussed in context of which stormwater benchmark parameters have a higher potential for exceedance of benchmark values. The paper also discusses which of the industrial sectors have a higher potential for exceedance of their specific benchmark values.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Great Lakes Restoration Initiative Grants

2010-10-18T13:06:00.003-05:00

US EPA has announced three federal grants, totaling about $1.2 million, will be awarded in northeastern Minnesota under the Great Lakes Restoration Initiative.

The Great Lakes Restoration Initiative is the largest investment in the Great Lakes in two decades. The initiative funds projects to address five priorities:
• Cleaning up toxics and toxic hot spots around the Great Lakes.
• Combating invasive species.
• Promoting nearshore health by protecting watersheds from polluted runoff.
• Restoring wetlands and other habitats.
• Accountability and working with strategic partners on outreach.

Three grants will be awarded for projects in northeast Minnesota:

Minnesota Pollution Control Agency, $411,680, for cleanup and restoration of the St. Louis River Area of Concern.
University of Minnesota, $193,432, for restoring 200 acres of moose foraging habitat near wetlands in the Lake Superior Uplands.
Community Action Duluth, $636,365, for restoring urban riparian zones and implementing critical habitat restoration projects in the St. Louis River Area of Concern

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Amendments to Minnesota Health Risk Limits - HRLS

2010-10-18T08:34:00.002-05:00

The Minnesota Department of Health (MDH) has proposed some amendments to its Health Risk Limits, or HRLs. The proposed amendments to the Health Risk Limits rules for Groundwater (Minnesota Rules, Chapter 4717) are about health-based guidance called “health risk limits” (or HRLs) for contaminants found in groundwater that may be used for drinking purposes. The proposed rules will insert updated HRL values for groundwater contaminants in Part 4717.7860 and delete outdated HRL values from Part 4717.7500.

The proposed updated HRLs are for the following chemcials:

Acetochlor ESA
Acetochlor OXA
Acetone
Dichlorodifluoromethane
1,1‐Dichloroethene
Ethylbenzene
Ethylene glycol
Metolachlor and s‐ metolachlor
Metolachlor ESA
Metolachlor OXA
Perfluorobutane sulfonate (PFBS)
Perfluorobutyrate (PFBA)
Toluene
Xylenes

Based on MDH recent review of HRL values for 27 of the contaminants listed in Minnesota Rules, part 4717.7500, MDH intends to repeal the outdated guidance promulgated in 1993‐1994. Of the 27 contaminants reviewed, updated guidance was promulgated for 15 contaminants in MDH’s 2009 rule revision and the current 2010 proposed rules include updated HRL values for 8 contaminants. MDH has issued alternate public heath‐protective guidance for the remaining 4 contaminants.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota North Dakota Storm Water Permit and Management Seminar

2010-09-29T07:25:00.003-05:00

Minnesota and North Dakota Stormwater Management Seminar
Fargo, North Dakota
Friday, November 19, 2010

Download Seminar brochure

Purpose:

Examine federal, state, and local rules on stormwater management
Review municipal, industrial and construction permits and the permitting process
Explore green stormwater practices
Examine site selection, sizing, and design
Evaluate erosion and water quality

Topics:

Understanding Federal and State Rules on Stormwater Management
Federal statutes and regulations, National Pollutant Discharge Elimination System (NPDES) requirements, State statutes and regulations, North Dakota Department of Health NDDH stormwater requirements, Minnesota Pollution Control Agency MPCA stormwater requirements, Local requirements and procedures, Storm water permits and permit application process, Special waters and impaired waters

Stormwater Management Using Wet and Dry Detention Facilities
Detention/retention pond overview, Advantages and disadvantages, Design considerations, Hydrology, Permitting, Site selection, Water quality, Pond sizing, Safety considerations, Outlet structures, Good design practices, Pond routing theory, Interconnected ponds, Steps for detention design

Stormwater Quality Best Management Practices
Bioretention and rain-leader disconnect raingardens, Cisterns, Permeable pavers/pervious concrete, Disconnecting impervious area/vegetated swales, Soil amendments, Rainwater harvesting, Green roofs

Bioretention Design and Maintenance
Costs and consequences of poor design, Site evaluation, Cell configuration and soils, Siting, ponding depth, vegetation, Installation specifications, Maintenance program, Overview of maintenance activities, Costs, Case Study: City of Plymouth, Minnesota, residential raingarden and maintenance program

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

MCES Sewer Availability Charge SAC Recommendations

2010-09-27T08:27:00.002-05:00

Metropolitan Council Environmental Services (MCES) has relead the key recommendations made by the Reserve Capacity/Sewer Availability Charge (SAC) Task Force (including SAC criteria changes to Restaurant Criteria and Growth Cost legislation). MCES is proposing to make specific changes to the calculation SAC changes.

Due to declining SAC revenues and some controversy about how to keep the SAC program financially viable, a Task Force of stakeholders was appointed and asked to review and propose changes to SAC related policies and procedures. The following are some of the recommendations of the Reserve Capacity/Sewer Availability Charge Task Force:

Minnesota Statutes Section 473.517, Subdivision 3, should be amended to clearly state that the capital costs to provide additional capacity in the regional wastewater system should be paid by Sewer Availability Charges, based on the principle that growth should pay for growth. If the statute is not so amended during the 2011-2012 Legislature, the Council should adopt a reserve capacity determination method that reasonably matches the intent of Recommendation For 2011, the Council should use its current reserve capacity determination method.
A new charge for the temporary rental of capacity should be developed in lieu of charging SAC for permanent capacity.
SAC for restaurants should be based on a single criterion (based on technical analysis, set at 10 seats per SAC regardless of the restaurant business model).
SAC should be based on the square footage for all daycare determinations, but the square footage per SAC should be increased to reflect the average reduction in demand due to state licensing being less than the square footage implies.

Metropolitan Council Environmental Services (MCES) will conduct a public meeting to provide information and receive public comment on the key recommendations made by the Reserve Capacity/Sewer Availability Charge (SAC) Task Force on October 12, 2010.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Environmental Justice Grant

2010-09-14T16:24:00.001-05:00

U.S. Environmental Protection Agency Region 5 has awarded a grant totaling $25,000 for a community-based environmental justice project in Minnesota. The project award was to:

Institute for Agriculture and Trade Policy, Minneapolis, $25,000 to establish a network of community groups to educate about climate justice and health issues in Twin Cities communities of color. Workshops will focus on how to maintain a healthy, energy-efficient home by reducing greenhouse gas emissions, home energy costs and chronic health conditions.

Nationally, EPA has awarded approximately $2 million in grants to organizations working with communities facing environmental justice challenges throughout the country. EJ grants, up to $25,000 each, are going to community-based organizations and local and tribal governments for community projects aimed at addressing environmental and public health issues.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

MDH Proposed Changes to Radioactive Material Rules

2010-09-13T08:34:00.002-05:00

The Minnesota Department of Health (MDH) intends to adopt rules regarding the use and management of certain radioactive materials. Many of the proposed changes to existing rules modify training requirements. The proposed rules reflect changes the U.S. Nuclear Regulatory Commission (NRC) made to its regulations as well as MDH-initiated changes described below:

The following changes are required to be compatible with NRC and other agreement state regulations:

• Medical Use of Byproduct Material - Authorized User Clarification (published in the Federal Register, 74 FR 33901, the effective date confirmed in FR 74 43619). These regulations clarified the training requirements for an Authorized User.
• Radiation Safety Officer (RSO) training requirements.
• Authorized medical physicist training requirements.
• Training requirements: experienced radiation safety officer (RSO), teletherapy or medical physicist, authorized user, and nuclear pharmacist.
• Uptake, dilution, and excretion studies; training requirements.
• Imaging and localization studies; training requirements.
• Unsealed radioactive materials; written directive required; training requirements.
• Oral administration of Sodium Iodide I-131; written directive required.
• Parenteral administration of unsealed radioactive material; written directive required.
• Manual Brachytherapy training requirements.
• Opthlalmic use of Strontium-90; training requirements.
• Remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units; training requirements.

The following sections of State rules are also proposed to be amended by MDH and are not specifically required by NRC :
• Exceptions to posting requirements.
• Leak test requirements.
• Survey records.
• Determination of Prior Occupational Dose.
• Individual monitoring reports.
• Notifications of accidents.
• Control of aerosols and gases.
• Medical event; report and notification.
• Dose to an embryo-fetus or child; report and notification.
• Definitions added;
• Minimum standards for nuclear medicine technologists.
• Documentation of competency.
• Requirements for operators of fusion imaging devices.

Interested parties can submit written comment in support of or in opposition to the proposed rules and any part or subpart of the rules until October 13, 2010.

Regulatory Briefings Archive

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Clean Diesel Initiative Grant To Retrofit Minnesota Equipment

2010-09-07T14:23:00.002-05:00

The U.S. Environmental Protection Agency Region V Midwest Clean Diesel Initiative has awarded a $977,242 grant to Minnesota Environmental Initiative (MEI). The grant was awarded as part of EPA’s ongoing efforts in the National Clean Diesel Campaign. This project will help reduce exposure to diesel emissions from a variety of heavy-duty diesel vehicles and construction equipment.

Work conducted through this grant includes installation of more than 230 engine and exhaust retrofit technologies, such as diesel oxidation catalysts and diesel particulate filters, on school buses, heavy duty trucks and construction equipment across Minnesota.

Grant projects also include the repowering of seven pieces of construction equipment with newer, cleaner EPA-certified diesel engines. One piece of construction equipment will receive an engine upgrade that improves the environmental performance of the existing engine.

More than half of the fleets to be upgraded as a result of this grant are located in the Twin Cities metropolitan area. MEI also will reduce emissions with heavy-duty and construction fleets contracted for work on the Central Corridor Light Rail Transit Project.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Phase 1 Environmental Assessment Standard Revision

2010-08-25T07:43:00.002-05:00

The ASTM Standard used to define Phase I Environmental Site Assessments (ASTM E 1517-05) is currently undergoing review and will potentially be revised. A few of the issues currently being debated include:

Reliance: Given that SBA requires third party reliance on Phase I ESAs performed on properties guaranteed by there 504 and 7(a) loan programs, should the E1527 standard be revised to include better guidance about who can rely on a Phase I report?

Oil Pollution Act: The Oil Pollution Act (OPA) was amended in 2004 to include a secured creditor exemption and innocent owner protection provided that an OPA regulation very similar to the CERCLA All Appropriate Inquiry (AAI) rule is met.

Indoor Air Exclusion: Since the revision of the E2600 Standard on Vapor Encroachment, there have been many questions about when indoor air problems should be considered RECs during the Phase I ESA process. While the standard currently lists indoor air as a non-scope considerations, there may be instances when contamination encroaching on a property is both a release on the property and an indoor air problem.

Caltha LLP assists Minnesota Sellers, prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements.

To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Environmental Compliance Audits in Minnesota

2010-08-17T18:57:00.002-05:00

Who Does Environmental Compliance Audits in Minnesota?

Caltha LLP has special expertise in Minnesota, Federal and international regulatory requirements and stays current with developing or proposed regulations. This background is required to conduct facility compliance audits. Caltha also understands environmental management systems and the different approach that is required to conduct Management System Audits.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Coal Tar Based Sealant Rules Effective July 1, 2010

2010-07-30T08:55:00.004-05:00

As of July 1, 2010, restrictions on the use of coal tar based sealants by Minnesota state agencies became effective. 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 required:

• MPCA to notify state agencies and local governments of the potential for contamination of stormwater ponds and wetlands by coal tar-based sealants.
• MPCA must complete a plan to inventory stormwater ponds in the state by January 15, 2010.
• As of July 1, 2010, State agencies may not purchase undiluted coal tar-based sealant.
• MPCA must develop best management practices and develop model ordinance on use of sealants for local units of government (LUGs)
• 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.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Toxic Free Kids Act Chemicals of High Concern

2010-07-22T17:00:00.004-05:00

The Minnesota Department of Health (MDH) has published a list of almost 1,800 chemicals, and materials, such as diesel engine exhaust, soots, tars, and mineral oils that it has determined to be Chemicals of High Concern.

The Minnesota Toxic Free Kids Act required that the MDH generate a list of Chemicals of High Concern by July 1, 2010. A "Chemical of high concern" means a chemical identified as being known or suspected with a high degree of probability to:

1. harm the normal development of a fetus or child or cause other developmental
toxicity;
2. cause cancer, genetic damage, or reproductive harm;
3. disrupt the endocrine or hormone system;
4. damage the nervous system, immune system, or organs, or cause other systemic toxicity;
5. be persistent, bioaccumulative, and toxic; or
6. be very persistent and very bioaccumulative

The law also instructed MDH to consider chemicals listed by other state, federal, or international agencies.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

EPA To Revisit 28 Industry MACT Standards

2010-07-14T14:56:00.001-05:00

In response to a suit filed in Oakland, CA, U.S. EPA has agreed to examine its air pollution rules for 28 industry sectors within the next eight years. Under the settlement, EPA would face a court deadline to review about a quarter of its maximum achievable control technology (MACT) standards, which set industry-by-industry limits on hazardous air pollutants. During reviews of current technology for the 28 sectors, the agency would have to decide whether to impose tougher restrictions or leave the existing emissions limits in place.

The settlement also requires the agency to perform residual risk assessments, which analyze public health impacts that remain once all required controls have all been put in place.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Stormwater Pond Inspection - BMP Inspections

2010-07-11T17:03:00.002-05:00

Inspections of stormwater detention ponds, infiltration basins and other stormwater Best Management Practices (BMPs) can be required by stormwater permits issued by State NPDES-authorized agencies. Watershed District, County or City agencies responsible for building permits, flood control or water quality management can also require annual stormwater BMP and storm water inspections as a condition of permit issuance.

Caltha provides stormwater inspection services to clients in Minnesota. For more information or to request a quote, go to:

Minnesota Stormwater BMP Inspection Services

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Pesticide NPDES Permit Informational Meeting

2010-07-06T10:15:00.004-05:00

Minnesota Pollution Control Agency (MPCA) has scheduled an informational meeting to discuss the U.S. Environmental Protection Agency’s (EPA) Draft National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit and its implications for Minnesota. At the meeting, MPCA will review the significance of the federal permit, explain timelines, summarize EPA’s permit, and describe in general MPCA’s plans for a state-specific permit.

Meeting details

Date — Thursday, July 8, 2010

Time — 2-4 p.m

Location — MPCA Board Room, 520 Lafayette Road North, St. Paul, MN

For more information and background on the requirement for NPDES permit coverage for pesticide application:

Appeals Court Ruling On Pesticide Regulation Under Clean Water Act

EPA Proposes Draft Pesticide Application Permit

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

MPCA Greenhouse Gas Reporting GHG Rules

2010-06-22T06:52:00.002-05:00

The Minnesota Pollution Control Agency (MPCA) is requesting comments on planned new air quality rules requiring the annual reporting of greenhouse gas (GHG) emissions from Title V permit holders and any other air permit holders that emit more than a reporting threshold established between 10,000 to 25,000 metric tons of carbon dioxide equivalent and are not required to report greenhouse gas emissions to EPA. The new rules will be codified in Minnesota Rules chapter 7019.

In 2009, MPCA was directed by the Minnesota Legislature to establish a system for reporting and maintaining an inventory of greenhouse gas emissions in coordination with other regional or federal greenhouse gas emissions reporting and inventory systems. Shortly afterwards, EPA published a final rule requiring the reporting of greenhouse gas emissions from specifically identified sources and from sources emitting more than 25,000 metric tons of carbon dioxide equivalents, beginning in 2011. MPCA is developing an emission inventory system that will avoid potential double-reporting by integrating the data reported to EPA within the state greenhouse gas emission inventory.

The MPCA will develop the state greenhouse gas emission inventory system through several phases, beginning with the development of a reporting rule. The MPCA’s proposed rules will establish the Minnesota reporting threshold between 10,000 and 25,000 tons per year and will establish a due date for the submittal of greenhouse gas emission data. During this first phase of development, the MPCA intends to create rules that will apply to those facilities in Minnesota that hold a federal Title V air quality permit and are not required to report to the EPA under the federal regulations. The rules will also apply to those facilities that hold an air quality permit (other than a Title V permit) that are not required to report to the EPA and that emit more than the Minnesota reporting threshold

Interested parties can submit comments on these planned new rules and rule amendments in writing until July 21, 2010.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

MCES Proposed Infiltration-Inflow Program Amendment

2010-06-07T17:06:00.001-05:00

The Metropolitan Council Environmental Services (MCES) has proposed an amendment to its requirements to reduce infiltration & inflow (I/I) to the sanitary sewer system. Key elements of the proposed amendment are: (1) Adding an ongoing I/I reduction program beginning in 2013, and (2) Revising the demand charge program, using “trigger” criteria instead of a date for implementation.

MCES proposes to work with communities to implement an initial inflow and infiltration reduction program during 2007 through 2011, and MCES will prepare an estimate of the cost of I/I reduction to eliminate the sources of excessive peak flows. MCES will allow communities to undertake work to reduce inflow and infiltration using local funds, as long as those funds equal or exceed the estimated cost of I/I reduction. If a community does not voluntarily undertake this work, MCES will add an equivalent surcharge to the community’s municipal wastewater charges.

Starting in 2013, MCES will begin the second phase of the I/I reduction program. Elements of the on-going program include:

(1) continuation of the allowable peak hour flow by metershed using current design standards for interceptors;
(2) adjustment of average baseline flow by metershed to normalize the effects of precipitation variability (drought and wet periods), to avoid penalizing communities for successful water conservation and I/I mitigation, and to account for growth;
(3) adjustment of measured peak flow by subtracting estimated peak I/I into MCES interceptors in the metershed;
(4) continuation of appeal process that recognizes unusual conditions that contributed to a peak flow event, such as construction that may have temporarily allowed storm water entry into the sanitary sewer or other extraordinary circumstances; and
(5) allowing up to four years, after the flow metering period in which a peak flow exceedance occurs, for the community to complete I/I reduction work equal to the total estimated cost to eliminate sources of excessive I/I.

Under the proposed plan, MCES may institute a wastewater rate demand charge for those communities that have not met their inflow and infiltration goals(s), if the community has not been implementing an effective I/I reduction program in the determination of the Council, or if regulations and/or regulatory permits require MCES action to ensure regulatory compliance.

MCES will hold a public hearing on July 13, 2010, to receive comments on a proposed amendment to its 2030 Water Resources Management Policy Plan, Infiltration/Inflow (I/I) Program.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

SO2 Standard For Human Health Finalized

2010-06-04T06:21:00.001-05:00

USEPA has issued a final new health standard for sulfur dioxide (SO2). EPA sets the 1-hour SO2 health standard at 75 parts per billion (ppb), to protect against short-term exposures ranging from five minutes to 24 hours. EPA is also revoking the current 24-hour and annual SO2 health standards because these existing standards would not provide additional health benefits.

EPA is also changing the monitoring requirements for SO2, and also changes the Air Quality Index to reflect the revised SO2 standard.

The final rule addresses only the SO2 primary standards, which are designed to protect public health. EPA will address the secondary standard, designed to protect the public welfare including the environment, as part of a separate review to be completed in 2012.

EPA expects to identify or designate areas not meeting the new standard by June 2012.

More information on new health standard for sulfur dioxide - SO2

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

EPA Proposed Permit For Waste Injection Well

2010-05-27T16:37:00.002-05:00

U.S. Environmental Protection Agency Region 5 has invited residents of Crow Wing County, Minnesota and surrounding area to comment on a proposed permit for a waste injection well. EPA has proposed issuing an injection well permit to Cooperative Mineral Resources of Brainerd so that it can test the feasibility of injecting water underground to mine iron-manganese ore.

EPA seeks comments from the public before making a final decision on the permit. The public comment period will run through June 25, 2010.

Caltha LLP provides expert environmental consulting services in Minnesota to address Environmental Review and Environmental Impact Assessment.

Caltha Environmental Review Website

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Stormwater Inspection Form - Inspection Checklist

2010-05-26T06:26:00.003-05:00

Depending on the industrial sectors they fall into, as soon as June 2010, Minnesota industrial and municipal sites that are subject to the MPCA general permit for industrial discharges will need begin conducting facility SWPPP Inspections. The areas that need to be inspected will change for different types of industrial sites and will also depend on the types of Best Management Practices (BMPs) being used at the individual site.

Review a summary of industrial sector requirements in Minnesota

Because the inspections will be different between the numerous industrial sectors and between individual facilities, a "standard" inspection checklist or inspection form has not been prepared by MPCA. Individual sites are expected to determine what areas need to be inspected at their site.

More information on MPCA stormwater inspection requirements

SWPPP checklist - Stormwater inspection form preparation

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Airport Stormwater Rules In Minnesota - SWPPP

2010-05-25T13:27:00.004-05:00

The Minnesota Pollution Control Agency (MPCA) has issued its revised multi-sector industrial stormwater discharge general permit (MSGP). This permit applies to a wide range of industrial and "industrial-like" facilities, including large and small airports.

[Read a summary of the overall Minnesota permit, stormwater monitoring, and sector requirements]

Air Transportation Facilities Sector (Sector S). Sector S facilities include only those portions of the site that are engaged in servicing, repairing, or maintaining aircraft and ground vehicles, equipment cleaning and maintenance, or deicing/anti-icing operations.

MPCA permit requirements for Sector S can apply to both the Airport Authority and to individual tenants, including airline carriers, fixed-base operators (e.g. fueling companies and maintenance shops), and others that have leases/agreements with the airport authority to conduct business on airport property. The affected tenants may not necessarily conduct activities that, on their own, would require an industrial stormwater permit.

Read a summary of stormwater control requirements that apply to airports in Minnesota

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Dioxin Toxicity Report - Revised Draft Released

2010-05-21T13:22:00.002-05:00

U.S. Environmental Protection Agency (EPA) has released its draft scientific report, “Reanalysis of Key Issues Related to Dioxin Toxicity and Response to NAS Comments”. The draft dioxin report is EPA’s response to key comments and recommendations made by the National Academy of Sciences on the agency’s draft dioxin reassessment. The draft report will now undergo scientific peer review by independent, external experts as well as public review and comment.

EPA’s draft scientific report will now undergo external peer review by an expert panel of scientists convened by EPA’s Science Advisory Board (SAB) in July 2010. Public comments on this draft report are being requested, and the Federal Register Notice provides details on how to submit comments.

More information on Minnesota Environmental Review and Environmental Impact Assessment Consultant Services

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

Caltha Environmental Review Website

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

When Is My Industrial Stormwater Permit Application Due?

2010-05-19T14:42:00.003-05:00

The Minnesota Pollution Control Agency has finalized its revised industrial stormwater general permit. The new permit replaces the previous permit that was issued in 1997. The revised permit represents a significant departure from compliance requirements Minnesota industrial and “industrial-like” facilities have had. MPCA has made the new final permit effective April 5, 2010.

All facilities subject to the stormwater rules must submit an application for coverage under the new permit, even if already covered under the expired 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.

Because of the volume of applications that MPCA expects to receive, the due date for applications is staggered over six months. Application due dates will be based on the industrial sector a given facility falls into:

List of Minnesota MPCA Industrial Permit Application Deadlines By Industrial Sector

Upcoming industrial storm water training:
Click here for information on Metro SWPPP Implementation Training May 19, 2010

Click here for information on SWPPP Implementation Training in Mankato, MN May 27, 2010

Click here for information on SWPPP Implementation Training in Moorhead, MN June 3, 2010

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Sulfate Water Quality Standard- Wild Rice Relationship

2010-05-13T14:57:00.005-05:00

The water quality standard for sulfate (SO4) has a direct connection to wild rice in Minnesota. Based on some Statewide assessments of the occurrence of wild rice across the State, it was determined that wild rice did not occur in waters with sulfate concentrations greater than 10 mg/L. Based on this relationship, the MPCA has established a water quality criteria for sulfate as 10 mg/L; this standard applies only to waters of the State used for production of wild rice and only during periods when the rice may be susceptible to damage by high sulfate levels.(7050.0224 SPECIFIC WATER QUALITY STANDARDS FOR CLASS 4 WATERS OF THE STATE; AGRICULTURE AND WILDLIFE).

Caltha provides specialized expertise on water quality standards, and the potential impact of sulfate on wild rice. For more information on Caltha's Water Quality - Water Standards Services

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Stormwater Permit - MPCA Industrial Storm Water Rules

2010-05-11T06:35:00.003-05:00

The Minnesota Pollution Control Agency (MPCA) has issued its revised “Industrial Stormwater Multi-Sector General Permit“(MSGP). The first group of permittees, designated by their business sector, has applications due in early June. This permit covers stormwater discharges from industrial and “industrial-like” operations that are required to have a stormwater discharge NPDES permit.

NPDES permits, including general permits, are reissued on a 5-year cycle. The old MPCA permit was written in 1997 and expired in 2002. Therefore, this revised permit was needed to replace the expired one. The Federal requirements of industrial stormwater dischargers have changed significantly since the expired MPCA permit was drafted in 1997. Therefore, the new permit was needed to address the many changes to program requirements that have been enacted in the last 12 years.

The size and complexity of the revised permit is much greater compared to the expired permit that Minnesota industries were subject to.

The industrial stormwater permit applies equally to all industrial and “industrial-like” municipal facilities in Minnesota based on the Standard Industrial Classification, or “SIC Code” or by their “narrative” description. Rules apply to any facility regardless of size or number of employees.

MPCA has estimated that as many as 20,000 facilities will be affected by at least some of the industrial stormwater rules, and as many as 10,000 facilities will be subject to the requirements of the full stormwater discharge permit.

More Information:
Overview of Minnesota MPCA Industrial Permit
Industrial Stormwater Monitoring Requirements
Minnesota Stormwater Pollution Prevention Plan Template
Overview of Stormwater Control Requirements In MPCA Industrial Permit
Comparison of MPCA storm water benchmarks to past industrial group monitoring results

Upcoming Training Opportunities:

SWPPP Implementation, Amendment, Review & Revision Training – Plymouth, MN May 19
SWPPP Implementation, Amendment, Review & Revision Training – Mankato, MN May 27
SWPPP Implementation, Amendment, Review & Revision Training – Moorhead, MN June 3

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Rule 7050 - 7052 Triennial Review

2010-05-10T19:00:00.001-05:00

Every three years the federal Clean Water Act (CWA) requires states to obtain public comment on, and revise as needed, their water quality standards. The Minnesota Pollution Control Agency (MPCA) began the triennial review process in 2008 with proposed amendments to Minnesota Rules chapters 7050 and 7052. MPCA plans to complete the water quality standard amendments in 2011.

For more information go to Caltha's Water Quality - Water Standards Blog

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

SIP For Carbon Monoxide In Twin Cities Metro Area

2010-05-10T07:04:00.002-05:00

The MPCA has proposed to amend its State Implementation Plan (SIP) for carbon monoxide in the Twin Cities area. The purpose of this SIP revision is to fulfill the requirement for a second maintenance plan and demonstrate that the Twin Cities has and will continue to maintain compliance with air quality standards for carbon monoxide.

The Clean Air Act requires States to prepare and submit to the US EPA SIP, which is the Minnesota plan to attain and maintain the National Ambient Air Quality Standards (NAAQS). Minnesota has a SIP addressing the NAAQS for carbon monoxide in the Twin Cities area. The Twin Cities was previously in nonattainment with the NAAQS for carbon monoxide, primarily due to emissions from motor vehicle traffic. Minnesota submitted a SIP revision in 1998 demonstrating attainment and showing that attainment would be maintained in the area for ten years, and was redesignated to attainment in November 1999. Under Section 175A of the Act, states must submit a second maintenance plan eight years after redesignation in order to demonstrate that the NAAQS will continue to be maintained for an additional ten years.

The MPCA will hold a public information meeting about the proposed SIP revision only
if one is requested during the public comment period.

For further information, contact Caltha LLP at:

Email: info@calthacompany.com

Phone: (763) 208-6430

Website: http://www.calthacompany.com/

Two Minnesota offices - Minneapolis and Pine River

Reportable Spills Minnesota Spill Notification Overview

2010-05-08T12:03:00.005-05:00

Overview of Spill Reporting In Minnesota

One of the most challenging aspects of complying with environmental regulations in any State is determining if and when a spill needs to be reported to State or Federal agencies. In most cases, facility managers understand that larger spills need to be reported, especially if the quantity released is above "Reportable Quantities" or RQ under CERCLA or EPCRA. However, smaller spills need careful consideration to determine requirements, although agency agency advice is clear - "if in doubt, report".

Does a small spill need to be reported? Any spill that does or could reach public waters needs to be reported, regardless of quantity spilled. Likewise, any spill that enters a publicly-owned treatment works (POTW) needs to be reported, regardless of the quantity spilled.

Do I need to report spills that are not fuels or toxic chemicals? Spills of toxic, flammable, corrosive, and otherwise dangerous industrial chemicals may need to be reported However, other "non-toxic" materials (for example, milk, sugar) may need to be reported. A spill of any substance or material may cause pollution if it reaches public waters needs to be reported.

Regardless of whether or not a spill requires reporting, facilities are obligated to clean up spills and dispose of the waste properly.

SPCC and Spill Prevention Planning and Compliance

For further information, contact Caltha LLP at:

Email: info@calthacompany.com

Phone: (763) 208-6430

Website: http://www.calthacompany.com/

Two Minnesota offices - Minneapolis and Pine River

SPCC Spill Plan Requirements in Minnesota

2010-05-08T10:10:00.006-05:00

What are requirements for SPCC or Spill Plans in Minnesota?

Unfortunately there is not a simple answer to this question, because spill prevention and response is regulated by both the Minnesota Pollution Control Agency and the US EPA through a number of State and Federal rules. Determining which and how these rules apply requires detailed information on the nature of the operations, types and amounts of materials used or stored, and proximity to nearby lakes, rivers or wetlands, etc.

In Minnesota, spill prevention and response requirements apply to more than oils regulated under the Federal SPCC Rules.

In addition, certain types of facilities can be required to prepare spill prevention and response procedures, if not required to prepare a formal spill plan.

More information on SPCC and Spill Prevention Plans in Minnesota

Aboveground and underground tank notification, registration and permitting

What are spill reporting requirements?

For further information, contact Caltha LLP at:

Email: info@calthacompany.com

Phone: (763) 208-6430

Website: http://www.calthacompany.com/

Two Minnesota offices - Minneapolis and Pine River

SWPPP Stormwater Training In Moorhead MN June 3

2010-05-07T09:30:00.004-05:00

SWPPP Implementation, Review & Amendment Training
Date: June 3, 2010
Location: Moorhead, Minnesota

This training is being provided to individuals who have responsibilities for managing implementation of the Stormwater Pollution Prevention Plan (SWPPP) at their permitted industrial facility. Topics include:
• Overview of permit compliance requirements,
• Documentation,
• Annual review requirements and
• Keeping SWPPP program up-to-date.

Training will also cover corrective action and evaluating benchmark monitoring results.

Click here for more information or to register

Or for more information, go to:
http://www.calthacompany.com/Moorhead_SWPPP_Implementation_Training_June_3.pdf

For further information, contact Caltha LLP at:

Email: info@calthacompany.com

Phone: (763) 208-6430

Website: http://www.calthacompany.com/

Two Minnesota offices - Minneapolis and Pine River

SWPPP Training, Mankato, MN, May 27

2010-05-06T14:16:00.002-05:00

Under the newly revised industrial stormwater rules in Minnesota, which were effective April 5, 2010, the Minnesota Pollution Control Agency (MPCA) requires specific training for certain staff at each facility permitted under the new General Permit for Industrial Stormwater Discharges. Each facility must designate an individual responsible for implementation and management of the SWPPP program. These individuals are required under the permit to have specific training on SWPPP implementation, compliance, review and amendment.

SWPPP Implementation, Review & Amendment Training
Date: May 27, 2010
Location: Mankato, Minnesota

This training is being provided to individuals who have responsibilities for managing implementation of the Stormwater Pollution Prevention Plan (SWPPP) at their permitted industrial facility. Topics include:
• Overview of permit compliance requirements,
• Documentation,
• Annual review requirements and
• Keeping SWPPP program up-to-date.

Training will also cover corrective action and evaluating benchmark monitoring results.

Click here for more information or to register

Or for more information, go to:
http://www.calthacompany.com/Mankato_SWPPP_Implementation_Training_May_27.pdf

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:

Email: info@calthacompany.com

Phone: (763) 208-6430

Website: http://www.calthacompany.com/

Two Minnesota offices - Minneapolis and Pine River

Minnesota Environmental Quality Board 60 Day Rule

2010-05-04T06:05:00.002-05:00

With some exceptions, Minnesota Statute 15.99 requires that an agency must approve or deny within 60 days a written request relating to some specific types petitions. Failure of an agency to deny a request within 60 days is approval of the request. If an agency denies the request, it must state in writing the reasons for the denial at the time that it denies the request.

The “sixty day rule” (MN Statute 15.99) does not apply to projects that are going through the environmental review process. Because environmental review decisions can often take months (and in some cases years) to be reached, environmental review is one of the exceptions to the rule. The clock stops ticking on the “sixty day rule” until environmental review has been completed and, once environmental review has been completed, the clock is reset at 60 days.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

Caltha Environmental Review Website

For further information, contact Caltha LLP at: Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Energy Audits Under Proposed Mercury Reduction Rules

2010-05-02T16:47:00.004-05:00

The U.S. Environmental Protection Agency (EPA) is issuing proposals that would cut U.S. mercury emissions by more than half and would significantly cut other pollutants from boilers, process heaters and solid waste incinerators.

Facilities with boilers would be required to conduct energy audits to find cost effective ways to reduce fuel use and emissions. Smaller facilities, such as schools, with some of the smallest boilers, would not be included in these requirements, but they would be required to perform tune-ups every two years.

EPA will take comment on these proposed rules for 45 days after they are published in the Federal Register. EPA will hold a public hearing on these rules soon after they are published in the Federal Register.

For more information, go to EPA Mercury Emission Rules Summary

For further information, contact Caltha LLP at:

Email: info@calthacompany.com

Phone: (763) 208-6430

Website: http://www.calthacompany.com/

Two Minnesota offices - Minneapolis and Pine River

State Environmental Regulatory and Compliance Updates

2010-04-30T18:13:00.002-05:00

Caltha maintains a number of blog resources dedicated to State regulatory programs, including:

Wisconsin Environmental Consultant
Iowa Environmental Consultant
North Dakota Environmental Consultant
Texas Stormwater Consultant
Nebraska Stormwater Consultant
California Stormwater Consultant
Illinois Stormwater Consultant
Ohio Stormwater Consultant
Michigan Stormwater Consultant
South Dakota Environmental Consultant

For further information, contact Caltha LLP at:

Email: info@calthacompany.com

Phone: (763) 208-6430

Website: http://www.calthacompany.com/

Two Minnesota offices - Minneapolis and Pine River

Upcoming SWPPP Implementation Training Class

2010-04-23T14:06:00.005-05:00

Effective April 5, 2010, the Minnesota Pollution Control Agency (MPCA) requires specific training for certain staff at each facility permitted under the new General Permit for Industrial Stormwater Discharges.

Each facility must designate an individual responsible for implementation and management of the SWPPP program. These individuals are required under the permit to have specific training on SWPPP implementation, compliance, review and amendments.

A SWPPP Implementation Training session has been scheduled on May 19, 2010 in Plymouth, Minnesota. This training is being provided to individuals who have responsibilities for managing implementation of the Stormwater Pollution Prevention Plan (SWPPP) for their permitted industrial facility. Topics include an overview of permit compliance requirements, documentation, annual review requirements and keeping SWPPP program up-to-date. Training will also cover corrective action and evaluating benchmark monitoring results.

Click here for more information or to register for SWPPP Implementation Training.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Does Bankruptcy Eliminate Environmental Liabilities?

2010-04-17T06:55:00.002-05:00

If a company files for bankruptcy, does it change the liability associated with its contaminated property? The short answer is probably not. Most likely a purchaser or surviving entity may remain the hook for cleanup costs.

There always has been tension between the bankruptcy laws with its policy of permitting businesses to get a “fresh start” and environmental laws that provide that “the polluter must pay.” If environmental concerns are not covered in the bankruptcy proceedings and claims have not been resolved, a purchaser or a new entity that emerges from bankruptcy may face liability concerns. Ongoing cleanup costs and obligations remain and should be addressed during and after the bankruptcy filing.

As with any other real estate transaction, potential purchasers, investors and lenders should conduct thorough due diligence. All parties involved in a real estate transaction needs to understand the environmental condition of the property and assess both the short and long term risks before moving forward with the deal.

For more information on the legal implications associated with environmental liabilities, bankruptcy, and environmental due diligence, go to

Environmental Attorney Website

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

BPA Action Plan Proposed By EPA

2010-03-30T08:19:00.001-05:00

The U.S. Environmental Protection Agency (EPA) recently announced a number of actions to address the potential effects of bisphenol A (BPA), a chemical used in the manufacture of a wide range of consumer and industrial products. The BPA action plan focuses on the environmental impacts of BPA and will look to add BPA to EPA’s list of chemicals of concern and require testing related to environmental effects.

In January 2010, the U.S. Food and Drug Administration (FDA) announced that it had some concerns about the potential human health impacts of BPA and it would study the potential effects and ways to reduce exposure to BPA in food packaging. Food packaging represents the most obvious exposure pathway of BPA exposure to people and is regulated by FDA.

In December, EPA announced that it will, for the first time, use its authority under the Toxic Substances Control Act (TSCA) to list chemicals that may present an unreasonable risk of injury to health or the environment. These actions are part of the agency’s efforts to strengthen EPA’s chemical management program, utilizing current authorities to the fullest extent possible, while continuing to encourage legislative reform of TSCA, which has not been updated since 1976.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Air Permit MACT Standards - Proposed EPA Rule

2010-03-02T09:07:00.002-06:00

The US EPA plans to propose a new regulatory backstop requiring States to issue case-by-case maximum achievable control technology (MACT) limits at facilities should a federal court vacate an EPA sector-based MACT, which could strengthen the EPA's position on when the so-called MACT "hammer" applies. The pending rule, which received White House Office of Management and Budget approval without change, is intended to prevent confusion on when the MACT hammer applies following a legal loss for EPA on an air toxics rule. The MACT hammer requires states to establish individual toxic limits at facilities in the absence of a federal standard.

EPA believes that the rule is necessary because the MACT hammer process is poorly understood by States, which have largely been slow to implement it after courts vacate EPA MACTs. Historically, courts have held a strict interpretation of the Clean Air Act section 112, which states that MACT rules must impose technology-based requirements for each sector representing the average of the best 12 percent of sources.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

MPCA No Exposure Certification - MPCA Industrial Permit

2010-02-27T10:19:00.005-06:00

One alternative available to facilities required to obtain a permit to discharge stormwater in Minnesota is the "No Exposure Certification". Under this alternative, facilities take required actions to eliminate the exposure of equipment, activities, materials, etc. to rainfall or stormwater runoff. Many, if not most, facilities that ultimately meet these requirements need to made at least some modifications to the site or their practices to meet all the requirements.

To qualify for No Exposure, all significant industrial materials and activities must be protected from rain, snow, snowmelt, and run-off through the use of a storm resistant shelter. A storm resistant shelter is a completely roofed and walled building or structure; it could also include structures with only a top cover but no side coverings, as long as materials underneath can not come in contact with stormwater.

Industrial materials and activities include material or equipment handling; machinery; raw materials; by-products; intermediate or final products; and waste products. Handling activities that can not be exposed to rainfall include storage, loading and unloading, transportation of materials, products or wastes.

Caltha LLP provides technical support to facilities wishing to certify under the MPCA No Exposure Conditional Exemption Certification. This can include a simple site walk-through with facility personnel to identify current status relative to No Exposure requirements and to make recommendations for necessary changes, if any.

For more information of Caltha's industrial stormwater services in Minnesota, go to:
Minnesota Stormwater Consultant Services

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Industrial Stormwater Consultants In Minnesota

2010-02-27T06:43:00.005-06:00

Caltha LLP provides staff with 20+ years of experience in industrial stormwater regulations and compliance programs. Caltha has provided technical support to facilities in all 50 States to address Federal, State & local stormwater rules.

In Minnesota, Caltha LLP provides expert consulting and staffing services to industries and municipalities that are subject to new Minnesota Pollution Control Agency (MPCA) Multisector General Permit industrial stormwater permitting requirements, including:

Technical guidance and on-site assistance to evaluate No Exposure Certification option, and to determine if changes are required to meet MPCA No Exposure requirements
Preparing new SWPPP or revising existing SWPPP to meet new MPCA requirements
Review of existing and potential stormwater BMPs and stormwater controls
Development of stormwater monitoring programs, including benchmark monitoring and effluent limit monitoring
Conducting stormwater monitoring
Annual reporting and recordkeeping
SWPPP training programs

For more information, go to:

Caltha LLP Stormwater Consultant Services In Minnesota

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Stormwater Monitoring Consultant - MPCA MSGP

2010-02-27T06:25:00.003-06:00

Minnesota Stormwater Training - MPCA Industrial Storm Water SWPPP Training

2010-02-27T06:01:00.004-06:00

Caltha LLP is a professional services firm providing expert technical support in areas related to Environmental Health & Safety, including environmental permitting and regulatory compliance support.

One of the key services Caltha provides are expert technical services relating to industrial stormwater discharge permitting and compliance. Based in Minnesota, Caltha LLP has provided these services to clients around the country.

In Minnesota, MPCA has recently greatly expanded the requirements placed on industrial and "industrial-like" municipal facilities. Caltha provides a wide range of technical services to quickly and cost-effectively help these facilities come into compliance with these new rules. Ultimately, Caltha strives to enable facilities to manage their own compliance programs over the long term.

Here we discuss one element of the compliance requirements - training.

Caltha Stormwater Training Options

SWPPP Training Program Development

Caltha staff will work with your facility staff to develop a training matrix identifying the required training for different departments and positions. Training programs can then be prepared that meet the needs of individual areas of the operation, and therefore eliminating unnecessary training.

Annual SWPPP Training
Caltha staff can provide qualified trainers to present annual SWPPP training to employees at your facility. Using our experienced SWPPP trainers means your facility will avoid the additional costs associated with qualifying your own staff to be trainers.

Stormwater Inspection Training
Stormwater inspections need to be conducted at least monthly by qualified inspectors. Caltha will train your own facility staff to conduct these inspections, including the special inspection requirements that may apply to your industry sector.

Storm Water Monitoring Training
Conducting “benchmark stormwater monitoring” will be one of the most technically challenging tasks that will need to be performed. Conducting monitoring correctly will be critically important to controlling overall compliance costs for your facility.

Caltha will assist your staff in selecting the appropriate monitoring techniques. Then we will provide “hands-on” training on how samples will be collected at each of your monitoring locations.

Stormwater Permit Compliance Training
To comply with your stormwater discharge permit, you will be documenting corrective actions, reviewing and reacting to inspections and monitoring data, preparing and submitting reports, and other tasks.

Caltha experts will quickly develop a compliance plan for your operation. We will train your staff on day-to-day compliance tasks they will be responsible for, with an ‘eye’ towards incorporating these tasks into other on-going compliance activities – therefore, reducing the impact(s) on your operation.

SWPPP “On-the-Job” Training
One of the most cost-effective training options Caltha offers is “on-the-job” training. Our SWPPP expert will work ‘hands-on’ with your facility personnel at your facility, covering the key compliance responsibilities, reviewing key areas of concern, discussing options for compliance, and answering questions regarding your specific stormwater issues.

Read more about Caltha’s INDUSTRIAL STORMWATER SERVICES IN MINNESOTA.

Other Related Training

Caltha LLP also provides cost effective options for other regulatory program training, including:

RCRA – Hazardous Waste Generate Training
Spill Prevention, Control & Countermeasure (SPCC) Training
Emergency Response Training
Hazard Communication (HAZCOM) Training
Contactor Training
UST Training
Environmental Management System Training
Other

Looking for EH&S training for your group? Caltha provides required training through trade organizations, local business groups, local Chamber of Commerce, etc. If you would like to request a session, CLICK HERE.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Environmental Training - EHS Overview Course

2010-01-12T06:51:00.002-06:00

Course Dates: March 17 through March 19, 2010
Course Location: Bloomington, Minnesota

Course highlights include...

Federal Statutes Overview
Clean Water Act
Clean Air Act
Toxic Substances Control Act (TSCA)
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Community Right-to-Know (SARA Title III - EPCRA)
Radiation Principles
Asbestos Overview
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
Hazardous Materials Transportation
OSHA Overview
Environmental Management Systems - ISO 14001
Environmental Due Diligence Assessments
Underground Storage Tanks
Resource Conservation & Recovery Act (RCRA)
Waste Reduction/Minimization and Pollution Prevention
Conducting Compliance Audits

For more information go to:
2010 Regulatory / CHMM Overview Workshop

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Mississippi River Corridor Critical Area Rulemaking Proposed

2009-12-14T11:00:00.001-06:00

The Minnesota Department of Natural Resources (MDNR) is considering developing rules governing the Mississippi River Corridor Critical Area (MRCCA). These rules would establish districts within the MRCCA and establish minimum guidelines and minimum standards for development within the districts. The rulemaking would develop new language in Chapter 6120, but also may modify existing language in Chapter 4410.

The rules are expected to provide for management of the MRCCA as a multi-purpose resource in a way that:

Conserves scenic, environmental recreational, mineral, economic, cultural, and historic resources and functions;
Maintains the river channel for transportation including barging and fleeting areas; provides for continuation and development of a variety of urban uses, including industrial, commercial and residential;
Uses the river for water supply and receiving water for properly treated sewage, stormwater, and industrial waste effluents; and
Protects biological and ecological functions of the corridor.

The proposed rules will establish minimum guidelines and standards for development in the districts; and will clarify the intent of each district. The DNR expects the guidelines and standards will address a number of key resources and features specified in the authorizing statute: floodplains; wetlands; gorges; areas of confluence with key tributaries; natural drainage routes; shorelines and riverbanks; bluffs; steep slopes and very steep slopes; unstable soils and bedrock; significant existing vegetative stands, tree canopies, and native plant communities; scenic views and vistas; publicly owned parks, trails, and open spaces; cultural and historic sites and structures, and water quality. The Department may provide exceptions for a number of developments, including infrastructure, hydropower, and water access.

These rules would likely affect the following persons and organizations within the MRCCA: most property owners, institutions, developers, and businesses; recreational facility users; water-oriented businesses, facilities, and navigation interests on the Mississippi River; utility providers; all local governmental units (cities, towns, and counties); state and regional agencies and institutions with facilities or property interests (such as the Metropolitan Council, Department of Natural Resources, Department of Transportation, Metropolitan Airports Commission, University of Minnesota, Saint Paul Port Authority, Minnesota Historical Society, and federal agencies such as the National Park Service, and U.S. Army Corps of Engineers.

The DNR has invited interested persons or groups to submit comments or information on these possible rules until March 22, 2010. The Department plans to appoint one or more advisory committees to comment on the possible rules during rule development.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

EPA Office of Water - Pesticide Programs Aquatic Risk Assessment Methods

2009-12-14T06:25:00.002-06:00

EPA Office of Water (OW) and Office of Pesticide Programs(OPP) have identified a need to harmonize methods used by the Offices to determine whether pesticides represent a concern for aquatic life. To address these concerns, the Agency has begun a process to explore how to build on the high quality science in both OW and OPP to develop additional tools and approaches to support a consistent and common set of effects characterization methods using best available information.

A number of regional public meetings are being planned between January 11 and 22, 2010 to solicit input on the Agency's initial thinking regarding methods, tools, and approaches that are being developed and evaluated by OPP and OW to assure that pesticide ecological effects are characterized consistently. The areas for consideration under this effort include:

Development and evaluation of predictive tools for use in development of community level benchmarks;
Development of aquatic life community level benchmarks with datasets that do not conform to the "1985 Guidelines'' used to derive water quality criteria;
Derivation of aquatic life screening values for aquatic plants

In selecting and/or developing appropriate methodologies, EPA OW and OPP expects to consider the following criteria:

Continue to be based upon sound science and utilize the available data,
Be legally defensible under their respective statutory mandates,
Be based upon methodologies that are as consistent and practical as possible,
Be implementable at the Federal and State level.
Be developed as quickly and efficiently as possible, and
Reflect stakeholder input and comments.

During these meetings, EPA will also solicit input from Regional stakeholders regarding 1)additional sources of pesticide data and relevant reports, 2)white paper topics, 3) availability of data, tools, approaches, and data sets on aquatic toxicity that may be useful for this effort, 4)types of values that are used by states and/or regions for protecting aquatic life in the absence of ambient water quality criteria, and 5) examples of situations in which differences between OW and OPP assessment approaches were an issue.

Following these meetings, the Agency plans to develop a set of white papers, describing potential new tools and analytical approaches that may be used by the Agency, state pesticide and water quality agencies, and other stakeholders.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

MPCA Tank Rules - Operator Training Requirements

2009-12-09T19:04:00.002-06:00

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Tank Rules - UST Operator Requirements

2009-12-09T18:59:00.000-06:00

On December 7, 2009, the Minnesota Pollution Control Agency (MPCA) published notification its intent to finalize amendments to State rules governing the operation of underground storage tank (UST) systems (Minnesota Rules Chapter 7150). For the most part, these amendments are being made to bring Minnesota Rules into conformance with the UST requirements in Section 1524 of the Energy Policy Act of 2005.

The amended MPCA rules will establish three classifications of UST operators:

"Class A operator" means an individual who has primary responsibility to operate and maintain the underground storage tank system. The Class A operator is responsible for managing resources and personnel to achieve and maintain compliance with MPCA Rules.

"Class B operator" means an individual who has daily responsibility to operate and maintain the underground storage tank system. The Class B operator must be present on site at least one time per month to ensure proper operation and maintenance of the tank systems, except that the Class B operator of an unattended card-lock facility must be present on site at least one time per week. Each month, the Class B operator must validate that:
• required release detection monitoring is being performed;
• required reporting is being performed and records are being maintained;
• spill, overfill, and corrosion protection systems are in place and operational;
• cathodic protection testing has been performed;
• unusual operating conditions or release detection system indications have been reported and investigated according to Minnesota Statutes, Section 115.061; and
• routine operation and maintenance activities have been accomplished.

"Class C operator" means an individual who has daily on-site presence and responsibility to handle emergencies and alarms pertaining to a spill or release from the underground storage tank system.

The owner or operator of the UST system must designate a Class A, Class B, and Class C operator for the tank system. The exception is that the owner or operator is not required to designate a Class C operator for unattended card-lock facilities.

A Class A, Class B, or Class C operator must be present on site during the operation of the tank system, except at unattended card-lock facilities, which must have a sign posted in a conspicuous place with the name and address of the facility and the telephone number of the facility owner, operator, or local emergency response.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Environmental Review EQB Compliance Requirements Topics

2009-12-03T06:19:00.002-06:00

Caltha has created a topic website dedicated to Environmental Review, Federal Agency NEPA Compliance, State Environmental Review Requirements (including Minnesota Environmental Quality Board (EQB) requirements), Environmental Analysis for Categorical Exclusions, and related topics. For more information go to:

Environmental Review - Environmental Impact Assessment - NEPA Compliance Topics

For more information on Caltha Environmental Review Services, go to

Caltha Environmental Review - NEPA - State Environmental Assessment - Categorical Exclusions

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

Minnesota Lead Pb Non-attainment Areas

2009-11-11T11:31:00.003-06:00

The Minnesota Pollution Control Agency (MPCA) is recommending that the US Environmental Protection Agency (EPA) designate an area around Gopher Resources Corp. (GRC), a lead-processing facility in Eagan, as a federal "non-attainment" area for lead in ambient air. MPCA also requested that areas around three other facilities (Grede Foundries Inc. in St Cloud, Dotson Co. Inc. in Mankato, and Federal Cartridge Corp. in Anoka) be designated as unclassifiable, which means more monitoring is needed to make the determination.

In 2008, EPA lowered the national standard for lead in ambient air to protect at-risk groups. The new standard required the MPCA to review its monitoring data and recommend designations to the EPA within one year for any areas of the state that are out of compliance with the new, lower standard. EPA has up to two years to decide on final designation.

The request for the new federal classifications, for the most part, is not due to increases in emissions, but rather due to a 10-fold decrease in the national lead standard, promulgated in October 2008. MPCA requested special consideration for the GRC-area nonattainment designation due to significant measures undertaken by the facility to reduce air emissions in July and August 2009, as well as ongoing remediation of lead-contaminated soils at the site. MPCA also asked EPA to withhold final designation for one year because the current recommendation for nonattainment is based on data from the past three years and does not fully reflect the recent mitigation efforts.

Nonattainment designation triggers additional federal requirements for monitoring and mitigation. MPCA must then submit a plan to EPA to improve air quality in an area within 18 months of its designation as nonattainment.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River

MPCA Proposed General Permit For Fiberglass Operations

2009-11-09T08:57:00.002-06:00

The Minnesota Pollution Control Agency (MPCA) is proposing to issue a federal general permit governing fiberglass sources with or without pollution control equipment. The issuance of this general permit is authorized by Minnesota Rules 7007.1100, subp. 1, which allows the MPCA to issue a general permit if “numerous and similar stationary sources are subject to substantially similar regulatory requirements”. The general permit applies to new and existing sources.

The general permit covers stationary sources required to obtain permits under Minnesota Rules 7007.0250. The proposed permit contains federally enforceable conditions to limit the potential-to-emit (PTE) to less than 90 tons per year (tpy) for:

• Particulate matter (PM),
• Particulate matter less than 10 microns (PM10),
• Particulate matter less that 2.5 microns (PM2.5),
• Carbon monoxide (CO),
• Nitrogen oxides (NOx), and
• Sulfur dioxide (SO2)

Hazardous air pollutants (HAPs) are limited to less than 100 tpy, and volatile organic compounds (VOC) to less than 240 tpy.

Facilities eligible for the proposed general permit may include the following types of equipment and activities for which a permit is required: spray guns, spray and coating booths, molding, casting, lamination, mixing cleaning of surfaces, sanding, abrasive blasting, resin and gel coat, acid cleaning surfaces, fuel storage, boilers, catalytic and thermal oxidizers, baghouses, fabric filters, wall filters, flares, generators (internal combustion engines), burn-off ovens, furnaces, space heaters, dip tanks, ovens, soldering, welding, brazing, screen printing, stenciling, storage tanks, and other insignificant activities listed in Minnesota Rules.

Some stationary source will not eligible for the proposed general permit, including:

• Sources subject has an emission unit subject to a Standard of Performance for New Stationary Sources in 40 CFR pt. 60 already adopted (other than 40 CFR pt. 60, subp. Dc , subp. Kb, subp. IIII, and subp. JJJJ;
• Sources subject to a 40 CFR pt. 63 National Emission Standard for Hazardous Air Pollutants (NESHAP) already adopted (other than 40 CFR pt. 63, subp. MMMM, subp. PPPP, subp. WWWW, and subp. ZZZZ;

The preliminary determination to issue the air emission general permit is tentative. There are four formal procedures for public participation in the MPCA’s consideration of the general permit. Interested persons may (1) submit written comments on the proposed general permit; (2) request that the MPCA hold a public information meeting; (3) request the MPCA hold a contested case hearing; and/ or (4) submit a petition to the Commissioner requesting that the MPCA Board consider the permit matter. The decision whether to issue the permit and, if so, under what terms, will be presented to the MPCA Board for decision if: (1) the Commissioner grants the petition requesting the matter be presented to the MPCA Board; (2) an MPCA Board member requests to hear the matter prior to the time the Commissioner makes a final decision on the permit; or (3) a request for a contested case hearing is pending.
Otherwise, the Commissioner will make the decision.

Caltha LLP provides expert environmental consultant services in Minnesota to obtain air and wastewater permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/
Two Minnesota offices - Minneapolis and Pine River