Cleanup Tools

Updates To The RR Presentations & Training Library

Brownfields Fundamentals logo which is a photo of an old white building with broken windows transitioning into a sketch drawing of a new apartment complex. The words brownfields fundmentals are at the bottom of the image.The Remediation and Redevelopment (RR) Program provides up-to-date and quality presentations and trainings on a variety of technical and educational topics for environmental professionals, local governments, community organizations, members of the public and others.

The RR Program Presentations & Training Library webpage has added a dedicated section for the Brownfields Fundamentals series. The articles, webinars and panel discussions are designed to provide valuable brownfields cleanup and redevelopment information and resources to local governments and their communities.

RR Program Trainings

  • Brownfields Fundamentals
  • Issues & Trends – Quarterly Zoom webinars providing information on a variety of topics such as DNR and RR Program updates, Wisconsin Administrative rulemaking information, environmental contamination and cleanup and more.
  • Consultants’ Days – Coming to a region near you in 2024! A day-long conference designed for environmental professionals focused on providing presentations, demonstrations, and discussions on environmental cleanup laws, best practices, compliance and guidance. The accordion contains presentations from past conferences.
  • Local Government Days — A day-long conference for local government officials on brownfields redevelopment. This accordion contains presentations from past conferences.

A list of upcoming presentations and trainings is available on the RR Program Presentations & Trainings webpage. If there is a topic you would like addressed in a future webinar, please email Jody.Irland@wisconsin.gov.

NEW EPA Resources For All Appropriate Inquiries (AAI)

In Feb. 2023, the U.S. Environmental Protection Agency (U.S. EPA) published a final rule to amend the EPA’s Standards and Practices for All Appropriate Inquiries (AAI). The new rule allows the use of ASTM International Designation E1527–21, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, to satisfy AAI requirements.

The EPA recently published several new resources that address the new ASTM standard for Phase I Environmental Site Assessments (E1527-21):

AAI is a process of evaluating the environmental conditions and assessing potential liability for contamination at a property and is completed prior to a property transaction. Satisfying AAI is one of the requirements for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability.

The amended AAI rule allows parties acquiring properties to use the most up-to-date industry standard practice for Phase I Environmental Site Assessments to comply with the AAI Rule requirements. It also allows the previous standard practice, ASTM Designation E1527-13, to be used for one year after publication of the rule.

Issues & Trends Webinar on April 12, 2023: Ready For Reuse Revolving Loan Funds Program

The Remediation and Redevelopment (RR) Program’s next webinar in the Issues & Trends series will take place on Wednesday, April 12, 2023, from noon-1 p.m.

The scheduled presentation is the Ready for Reuse (RFR) Revolving Loan Funds Program.

The webinar will focus on the variety of ways to use RFR during the post-closure and redevelopment stage, as well as during the cleanup process. A question-and-answer session will follow the presentation.

RFR loans are used for environmental cleanup of hazardous substances or petroleum at brownfields throughout Wisconsin. Learn more about RFR on the RR Program Wisconsin Ready For Reuse webpage.

Interested in learning what funding resources exist for cleaning up brownfields in your community? Watch this short overview on RR Program funding resources [00:04:58].

A Zoom web conferencing registration link may be found on the RR Program’s Conferences and Training webpage.

Recordings of previous Issues & Trends webinars may be found in the RR Program’s Training Library.

Now Available: DNR Publication Guidance: Voluntary Party Liability Exemption (RR-0141)

Following a public comment period and consideration of the comments received, the publication Guidance: Voluntary Party Liability Exemption (RR-0141) is now posted and available online.

The document can be found here. Additional documents and guidance from the Remediation and Redevelopment Program may be found using the search tools available on the DNR publications and forms webpage.

The purpose of this guidance is to provide information about the voluntary party liability exemption (VPLE) which was created by the Wisconsin State Legislature in 1994 when Wisconsin Statues (Wis. Stat.) § 292.15 was enacted to aid in the redevelopment of brownfields properties.

Questions regarding this document may be submitted to Michael Prager at Michael.Prager@wisconsin.gov.

EPA Adopts New ASTM Standard For Phase I Environmental Site Assessments

On Dec. 15, 2022, the U.S. Environmental Protection Agency (EPA) published a final action to amend the EPA’s Standards and Practices for All Appropriate Inquiries (AAI) Rule. The new rule allows the use of ASTM International Designation E1527–21, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, to satisfy AAI requirements. The rule takes effect Monday, Feb. 13, 2023.

AAI is a process of evaluating the environmental conditions and assessing potential liability for contamination at a property and is completed prior to a property transaction. Satisfying AAI is one of the requirements for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability.

The amended AAI rule allows parties acquiring properties to use the most up-to-date industry standard practice for Phase I Environmental Site Assessments (ESAs) to comply with the AAI Rule requirements. It also allows the previous standard practice, ASTM Designation E1527-13, to be used for one year after publication of the rule.

More information about AAI requirements are available on the EPA Brownfields AAI webpage.

Review the Standards and Practices for AAI final rule on the Federal Register.

E-Pay Now Available for NAR/NFA; Other Updates to 4400-225

Last November the Notification for Hazardous Substance Discharge form (4400-225) was made into a fillable online form on the DNR’s RR program Submittal Portal webpage. This form should be used to report discharges that are identified through laboratory analysis of soil, sediment, vapor, indoor air and water.

The form now allows for payments by credit card for the request of No Action Required (NAR) determination under Wis. Admin. Code § NR 716.05 or a request for No Further Action (NFA) determination under Wis. Admin. Code § NR 708.09.

The form also includes clickable tabs so you can easily navigate to completed tabs without clicking multiple “next” and “back” buttons. This is particularly useful when returning to submit lab reports and navigating to the lab result tab to upload your files.

When submitting a request for an NAR or NFA determination, we encourage you to include the Technical Assistance, Environmental Liability Clarification or Post-Closure Modification Request form 4400-237 and any additional appropriate report(s) with your submittal.

Interstate Technology Regulatory Council Soil Background And Risk Assessment Training Videos Available Now

The Interstate Technology Regulatory Council (ITRC) Soil Background and Risk Assessment (SBR) training videos are now available on the ITRC’s YouTube Channel and showcase a new format for the ITRC short training videos. Two of the videos debuted in the June 2022 Internet-based training.

ITRC released four SBR training videos, which can be viewed in any order:

ITRC trainings help state environmental agencies and others to gain valuable technical knowledge and develop consistent regulatory approaches to protect human health and the environment.

 

Now Available: Publication RR-0136, Guidance: Wisconsin Vapor Quick Look-Up Table

Updated publication RR-0136, Guidance: Wisconsin Vapor Quick Look-Up Table, is now posted and available online.

The document can be found on the Vapor Intrusion for Environmental Professionals webpage. Additional documents and guidance from the Remediation and Redevelopment Program may be found using the search tools available on the publications and forms webpage.

The document lists select volatile organic compounds frequently encountered at remediation sites; it is updated periodically based on updates to inhalation toxicity data. Consultants should compare vapor data for open sites to the updated table for potential additional actions and should routinely reference the webpage for the most recent version.

The basis for the U.S. EPA Regional Screening Levels were updated in May 2022; the update does not include revisions to action or screening levels.

Consultants should compare vapor data for chemicals not available on Wisconsin’s Vapor Quick Look-Up Table directly to the U.S. EPA’s Vapor Intrusion Screening Level Calculator; instructions are included on Wisconsin’s Vapor Quick Look-Up Table.

Site-specific questions regarding vapor intrusion in Wisconsin should be directed to the assigned DNR project manager. General questions can be directed to the contacts listed on the DNR’s Vapor Intrusion Resources for Environmental Professionals webpage.

DHS Publishes “TCE in the Workplace” Fact Sheet

When environmental contamination presents potential human health risks, the Wisconsin Department of Natural resources (DNR) works closely with the Wisconsin Department of Health Services (DHS) and local health departments.

In February 2022, DHS published TCE in the Workplace, a fact sheet on health concerns associated with trichloroethylene (TCE) in various work environments. TCE in the Workplace helps workers understand the health risks where TCE is being used in a facility and may be helpful during vapor intrusion investigations. It is available in English, Spanish and Hmong.

The fact sheet includes suggestions to keep workers safe, as well as workplace guidelines for exposure limits by the National Institute for Occupational Safety and Health (NIOSH), the Occupational Safety and Health Association (OSHA), the American Conference of Governmental Industrial Hygienists (ACGIH) and the DNR.

The DHS fact sheet TCE in the Air is also available to assist with communicating the health risks of TCE in situations when contamination has the potential to cause vapor intrusion in nearby structures (e.g., residences, day cares). Since publication, the DNR, DHS and environmental consultants have been providing TCE in the Air to off-site property owners to educate them about the health risks associated with TCE while working to gain access, perform vapor intrusion investigations and install mitigation systems. TCE in the Air is available in English and Spanish.

Links to the fact sheets are available under the “Health” tabs on the DNR’s Vapor Intrusion Resources for Environmental Professionals and Vapor Intrusion webpages.

Site-specific questions regarding vapor intrusion in Wisconsin should be directed to the assigned DNR Project Manager. General questions can be directed to the contacts listed on the DNR’s Vapor Intrusion Resources for Environmental Professionals webpage.

Interstate Technology Regulatory Council Comprehensive Vapor Intrusion Mitigation Training June 2 and 14

The Interstate Technology Regulatory Council (ITRC) will offer online, comprehensive vapor intrusion training based on recent, technical guidance from the national group.

The upcoming live webinars will cover the purpose and use of the Dec. 2020 comprehensive web-based series of technical resources for Vapor Intrusion Mitigation.

Staff from the DNR’s Remediation and Redevelopment Program participated in the development of both the technical resources and training.

The training consists of a series of eight modules on the sections listed below and will be presented over two, two-hour sessions:

  • Thursday, June 2, 2022 (noon to 2 p.m. CST)
  • Tuesday, June 14, 2022 (noon to 2 p.m. CST)

Environmental professionals are encouraged to register and participate.

A link to the ITRC’s web-based document is posted on the DNR’s Vapor Intrusion Resources for Environmental Professionals website under the “Guidance and Forms” tab. This document includes an interactive directory that includes 10 fact sheets, 16 technology information sheets, and four checklists, covering the following topics specific to vapor intrusion mitigation:

  • Conceptual site model
  • Public outreach
  • Rapid response and ventilation (for acute risk)
  • Active mitigation
  • Passive mitigation
  • Remediation and institutional controls
  • Design considerations
  • Post installation considerations
  • Operation, maintenance and monitoring/exit strategy
  • Emerging technology

While the documents are designed to assist state regulators, they also serve to raise awareness with environmental consultants and other industry professionals.

The online sessions will be repeated on Nov. 3 and 15, 2022. If watching the training through on-demand video playback is preferred, you can find the same vapor intrusion trainings here.

Site-specific questions regarding vapor intrusion in Wisconsin should be directed to the assigned DNR Project Manager. General questions can be directed to the contacts listed on the DNR’s Vapor Intrusion Resources for Environmental Professionals website.