April 26 – Remediation Management of Complex Sites
The BUILD Act (Brownfields Utilization, Investment and Local Development) was signed into law in March 2018 and is the first major legislative change to Brownfields since passage of the original statute in 2002. Specific changes include: increased eligibility for funding, additional liability protections, and changes to grant programs, just to name a few.
Join Kansas State University Technical Assistance to Brownfields Program for a free, National TAB webinar, on Wednesday, May 9 at 1:00 pm (Central), to hear about how the BUILD Act will improve the national brownfields program and support community brownfields revitalization. The webinar will feature officials from U.S. EPA, a local community, national brownfield experts, and the coordinator of the National Brownfields Coalition. Click here to register and visit the event web page to get more information about this May 9 BUILD Act webinar.
A new tracking code entitled, Material Management (MM), has been created within the Bureau of Remediation and Redevelopment Tracking System (BRRTS) to identify sites and facilities that have accepted contaminated soil or other solid waste with an exemption from certain solid waste program requirements through Wis. Admin. Code §§ NR 718.12 or NR 718.15.
BRRTS numbers assigned to the MM activities codes will have a ‘15’- prefix. Only the main actions (e.g., an interim or remedial actions) and continuing obligations (e.g., engineering control for direct contact threats) directly related to the material management activity will be tracked as an MM activity on the receiving site or facility. All interim or remedial actions involving Wis. Admin. Code ch. NR 718 materials management will be concurrently tracked at the ERP or LUST source property where the contaminated material was excavated. The exception would be for continuing obligations imposed on the site or facility receiving the material.
The MM tracking code was created to allow the public to use BRRTS on the Web (BOTW) to clearly identify sites or facilities where contaminated soil and other solid waste was received and how it is being managed. For actions approved by DNR in April 2018 and forward, BOTW can be used to search for sites and facilities where a Wis. Admin. Code §§ NR 718.12/718.15 exemption was granted. Only actions directly related to Wis. Admin. Code §§ NR 718.12 and 718.15 materials management will be listed in each MM activity, allowing users to efficiently obtain information specifically related to these activities.
An MM activity will be opened for sites and facilities where a Wis. Admin. Code §§ NR 718.12 or NR 718.15 exemption was granted after March 29, 2018. At this time, the DNR does not intend to retroactively create MM activities at sites or facilities where Wis. Admin. Code §§ NR 718.12 or NR 718.15 exemptions were previously granted due to workload challenges.
Any questions regarding this process may be addressed to Paul Grittner at (608) 266-0941 or firstname.lastname@example.org.
The RR Program seeks your input on a revised, draft publication entitled “Clean Soil Management: A Self-Implementing Option for Soil Excavated During a Response Action under Wis. Admin. Code §§ NR 700 through NR 750” (RR-103). This draft guidance was revised based on comments received from the public. This revision is much narrower in scope than the last version that was sent out for public comment. This guidance is different than, but related to, the NR 718 contaminated soil guidance.
In particular, this guidance is intended solely for use by responsible parties (RPs) who are managing soil excavated as part of a response action pursuant to Wis. Stats. ch. 292 and Wis. Admin. Code chs. NR 700 – 754.
The guidance does not apply to soil excavated as part of a construction project, utility project or transportation project. However, if those projects also involve an NR 700 response action, this guidance only applies to the soil excavated as a direct result of the response action.
This draft guidance provides an optional approach for responsible parties and their environmental consultants to use when soil is characterized and excavated as part of a response action (i.e., cleanup action), and the soil does not need to be managed at a licensed solid waste facility or through a site-specific exemption in Wis. Admin. Code chs. NR 718 or the NR 500 rule series. This document provides responsible parties (RPs) more clarity on what types of substances – if identified in soil – could generally be managed as “clean soil” in accordance with state law without the department’s pre-approval or tracking. However, the person placing or accepting the soil would need to comply with limited locational criteria. The department believes that providing this guidance will help responsible parties and their environmental consultants to save money, and make more timely and consistent decisions on how to manage this type of excavated soil during a Wis. Admin. Code ch. NR 700 cleanup action.
The document can be reviewed at http://dnr.wi.gov/news/input/guidance.html and comments can be submitted through May 13, 2018 to the Brownfields and Outreach Section Chief, Christine Haag at Christine.Haag@wisconsin.gov. In addition, the RR Program will host a question and answer session on this guidance scheduled for April 20, 2018, at 10:30 a.m. Meeting logistics and agenda can be found on the DNR’s public meetings calendar (dnr.wi.gov search “public meetings”). Externals are encouraged to provide written comments, as formal note taking will not capture comments during the listening session. Please note: Attendees must check-in at the visitors desk on the first floor. A conference call number is also available. Please RSVP to Christine Haag (email@example.com) if planning to attend.
The Remediation and Redevelopment Program asks consultants to use the most recent version of the Case Closure Request Form (4400-202), updated in August 2016, which can be found on the Program’s Environmental Professionals web page. Use of this form to request case closure is required by Wis. Admin. Code § NR 726.09(1)
Accessing the form via the link on the web page ensures that you are using the most up-to-date version, which in turn assists with meeting the requirements for an “administratively complete” submittal.
For consultants and agents performing PECFA work, please note that the Senior Professional rate (currently $109.67) is generally expected to cover time for a Professional Engineer to review necessary documentation when required by Wis. Admin. Code ch. NR 712. This is also reflected in the current UCCS Task Reference Guide #23 (pg. 4; DNR publication RR-092a).
If consultants or PECFA agents feel the Principal rate is warranted for extremely complex sites instead of the Senior Professional rate, the RR Program asks that a justification be provided to the DNR project manager at the time of the cost request.
Financing can make or break a redevelopment project; however, lenders are often wary of the environmental liabilities associated with brownfields redevelopments. In order to encourage lenders to finance these projects, Wisconsin state law exempts lenders from environmental liabilities for a range of lending activities, if they meet certain statutory conditions.
In its 2015 report, Investing in Wisconsin, the Brownfields Study Group (BSG) recognized that Wisconsin’s liability exemption for lenders had recently turned 20 years old, and noted that the lending industry had evolved significantly over those two decades. The BSG recommended that a subset of the group meet with stakeholders to examine whether the exemption remains useful and relevant in light of current lending practices and regulations.
Between May 2016 and April 2017, a group of Wisconsin DNR personnel, lenders, attorneys, and trade organizations met five times to discuss, in a public forum, the various components of the state’s lender liability exemption and analyze whether the current exemption meets the needs of lenders and the public. In April 2017, this group of professionals formed a list of recommendations for the BSG, which will consider the proposed items at an upcoming public meeting.
During this effort, the Wisconsin DNR renewed its outreach efforts and strengthened partnerships with the lending community. The Wisconsin DNR reviewed its lender factsheets and updated and republished several guidance documents. The Wisconsin Bankers Association helped the Wisconsin DNR reach the WBA members by authoring informational articles in its membership publications and by distributing Wisconsin DNR’s guidance at its compliance forums, and including information in teaching materials for its compliance courses. Wisconsin DNR staff continue to reach out to bankers and lenders at statewide conferences and via Green Team meetings.
This is a reminder that the Remediation and Redevelopment Program will cease using P.O. Box 8044 for PECFA submittals on June 30, 2018, and will consolidate all incoming mail into our current program-wide mailbox:
Wisconsin DNR – RR/5
P.O. Box 7921
Madison, WI 53703-7921
Please use this mailing address for all PECFA claim submittals. The address has been updated on all forms.
The Remediation and Redevelopment Program provides a monthly update on the status of claims and the overall budget of the Petroleum Environmental Cleanup Fund Award (PECFA) award program.
Below are the updated PECFA claim numbers for March 2018.
|Claims in audit line (as of March 31)||21||$110,487|
|Total Paid FY18||$3,067,763|
The RR program recently updated the Guidance for Submitting Documents (RR-690).
- Streamlined submittal instructions on the first page;
- Clarification on electronic document submittal;
- Reminder to submit all documents as a single PDF (except for closure); and
- Consolidated and rearranged document formatting sections.
The RR program hopes that the new format will be easier to understand and use. The program is also working on some exciting IT projects that will make electronic document submittal even easier, so stay tuned!
If you have questions on how to submit documents to the RR Program, please contact a regional EPA.