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DEPARTMENT: paLLUTIC~N CONTROL AGENCY SF-000~6-05 (4186] STATE OF MINNESOTA Office Memorandum DATE: January 19, 2010 To: Municipal Stormwater Permittees for Municipal Separate Storm Sewer Systems ~MS4s} FRoM: Dale Thompson Supervisor, Municipal Stormwater Unit Stormwater Section Municipal Division ~ ~ ~~~~r Sfo~~ w ssor-. ~~, v~ PH4~lE: X51-757-277 SUBJECT: Coal Tar Based Seal Coat for Driveways and Parking Lots This memo provides you with information about; • Anew law restricting the use of coal tar-based sealers on pavements such as roads, trails, driveways and parking lots. ' • Background information about coal tar sealers and why they are being restricted. ~ The potential for high cost to manage coal tar-related pollutants which have accumulated in stormwater sediments. • work being done at the Minnesota Pollution Control Agency to estimate the size of the problem in Minnesota and identify best management practices and potential solutions, and • ~Uhom to contact if you have questions. This memo also requests your help to assist with getting the word out to other Minnesota municipalities and citizens about this coal tar-based sealer restriction and the background information related to contaminated stormwater sediments. New Law In May of 2009 the Minnesota Legislature took action to restrict state agencies from purchasing coal tar.sealers see 2009 Session Laws, Chapter 172, and HF1231, sections 4, 2~, and 2S}. The law restricts Minnesota state agencies from purchasing undiluted coal tar sealers effective July 1, 2010. Undiluted coal tar sealers are defined as any sealant containing coal tar that has not been mixed with asphalt and is intended for use on asphalt surfaces, including driveways and parking lots. Asphalt-based alternatives are available that have far lower levels of toxic chemicals; and are not affected by this restriction. Notices are also being distributed to state agency personnel who purchase, contract for services, or manage real estate to make them aware of the restriction. Minnesota Department of Transportation ~Mn/DDT} specifications are already consistent with this requirement and no change in practice or policy is anticipated for MnIDaT specifications.