BATC-Housing First Minnesota recently received updates on the 2018 Construction Stormwater Permit and Minnesota’s proposed RRP (Lead Paint) Rules. Members with questions can contact Nick Erickson, regulatory affairs manager, at nick@housingfirstmn.org
Update on 2018 Construction Stormwater Permit
Timing and Process
- A draft of the proposed 2018 Construction Stormwater Permit should be available by year end, with the permit going into effect late in Q1 2018.
- The Minnesota Pollution Control Agency (MPCA) is in the process of finalizing the draft language.
- Once the current draft is ready, MPCA will send the draft to the EPA for review (30-day review).
- The EPA will then return the draft to MPCA, who will adjust the 2018 Permit language to reflect any EPA feedback.
- As soon as the final draft 2018 Permit has been prepared and all changes incorporated, the proposed 2018 Construction Stormwater Permit will be released.
- A public meeting will then be held to solicit feedback from stakeholders and to explain the new permit. In addition to the public meeting, Housing First Minnesota will have 30 days to submit its official comments about the permit.
Notable Changes
- Format: The permit is being reconfigured and will look very different from what it is today. This will include a 20 percent reduction in the amount of text and the use of simpler, more direct language.
- Ditch Stabilization: Clarifications over what is and is not permitted for ditch stabilization in varying conditions. This will impact road construction and not us.
- Contamination: Clarification on work in contaminated soils/with contaminated water tables.
- Infiltration Rates: There will be an adjustment on the use of infiltration rates.
- Effective Date: Permit would go into effect once the payment is processes (no longer a seven-day timeframe).
Other Notes
- Few changes that will affect the housing industry are expected.
- As Housing First Minnesota requested in April, MPCA will provide a complete list of changes with the 2018 Permit.
- MPCA is looking to issue an 18-month phase in for the new 2018 Permit on all existing permits from the date the new Permit takes effect.
Minnesota’s Proposed RRP Rules
The Minnesota Department of Health (MDH) recently released the next draft of its proposed Lead Paint/RRP Rules. The revised draft Rules contain changes proposed by Housing First Minnesota, including:
- Elimination of on-site, site-specific training for each project;
- Providing a definition of “lead-based: in the rules;
- Clearer language on the site of onsite hygiene stations;
- Aligning technician training re-certification to 48-months;
- Confining exterior cleaning to the “work area.”
Comments on the latest draft Rules are being finalized and will be sent to MDH shortly.
Housing First Minnesota is gathering a group of industry leaders and representatives on Wednesday, Oct. 18, to discuss responses to the latest draft. The Regulatory Affairs Subcommittee will also discuss the proposed Rules at its Oct. 31 meeting.
A copy of the rules is available on the Housing Industry News website.
