Publications and forms

Soil RCL Calculator Updates – June 2018

The Wisconsin DNR’s Remediation and Redevelopment Program recently updated the numerical soil standards in its spreadsheet of residual contaminant levels (RCLs). The RCLs were determined using the U.S. EPA regional screening level web-calculator.

A summary of the changes to the RCLs is in a new document, titled “RR Program’s Soil RCL Spreadsheet Update,” publication number RR-052g.

For more information and to access the RCL spreadsheet (macro and non-macro versions), visit the Wisconsin DNR’s Resources for Environmental Professionals web page and click on the “Soil RCLs” tab.

Public Input Opportunity: PECFA Usual & Customary Schedule #24

The Remediation and Redevelopment (RR) Program seeks your input on the Usual & Customary (U&C) Task Reference Guide #24 (RR-100) and U&C Schedule #24 (RR-10a). Both documents are available on the Wisconsin DNR’s proposed program guidance web page.

Comments on these documents are due by June 25, 2018, and may be directed to Jenna.Soyer@wisconsin.gov.

Document updates include new tasks for vapor point installation, guidance on excavations over $10,000, and an update to private utility locate reimbursable costs. Please see the public comment cover sheet for details.

Consultant Qualification List

Please note that the “consultant data record form” mentioned in Wis. Admin. Code ch. NR 734 is no longer used to create a “consultant qualification list” for consultants interested in providing professional services to the department. Projects undertaken by the RR program using state funds follow State of Wisconsin procurement laws (i.e. simplified bidding, request for bids, request for qualifications, and requests for proposals depending on the project type and scope), and these requests are posted on VendorNet for all consultants. The RR program does maintain a list of consultants who self-identify as those who are available to provide environmental services (RR-024). This list is available to the public. If you would like to be added to this list, please contact Deena Kinney at Deena.kinney@wisconsin.gov.

Clarification on Closure Packet Revision Submittals

The RR Program would like to clarify that when submitting revisions to a closure submittal as requested by the DNR project manager, the consultant need only submit the revised pages (both paper and electronic copies) to the DNR project manager and the regional email box. This will save both the consultant and DNR project manager time in reviewing only the necessary information. In order to ensure that revisions are properly tracked, consultants are asked to initial and date all pages of any revisions submitted. Guidance for Submitting Documents (RR-690) was updated to reflect this clarification (Case Closure Submittals #6 on page 3).

Public Input Opportunity – Case Closure Reconsideration Process

The RR Program seeks your input on a revised, draft publication entitled “Wis. Admin. Code ch. NR 726 Case Closure Reconsideration Process (RR-102)”.

The purpose of this document is to provide responsible parties (RPs) with guidance on the opportunities available to engage the department to receive feedback on the adequacy of the Wis. Admin. Code chs. NR 700-754 response actions undertaken and submitted by the RP to document case closure. This guidance presents the process and feedback opportunities available if case closure is not recommended by the department. This general process is referred to as the case closure reconsideration process.

The document can be reviewed at http://dnr.wi.gov/news/input/guidance.html and comments can be submitted through June 5, 2018 to the Brownfields and Outreach Section Chief, Christine Haag at Christine.Haag@wisconsin.gov.

Public Input Opportunity: Variances to the Usual and Customary Standardized Invoice for PECFA Projects

The Remediation and Redevelopment (RR) Program seeks your input on guidance regarding variances to the Usual & Customary (U&C) Standardized Invoice for Petroleum Environmental Cleanup Fund Award (PECFA) Program projects.

The guidance addresses a limited number of PECFA-eligible activities, based on their common occurrence, in order to ensure consistency in approving cost reimbursement where no standard rate exists.

Comments are due by May 23, 2018, and may be directed to Jenna.Soyer@wisconsin.gov.

Public Input Opportunity – Soil Management Guidance for Cleanups

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 (christine.haag@wisconsin.gov) if planning to attend.

REMINDER: Avoid Case Closure Problems; Use Latest Version of Closure Form

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.

Guidance for Submitting RR Program Documents Updated

The RR program recently updated the Guidance for Submitting Documents (RR-690).

Updates include:

  • 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.

Updated Off-Site Liability Exemption Publication Now Available

The RR Program recently updated a fact sheet on the state’s off-site environmental liability exemptions, When Contamination Crosses a Property Line: The Off-Site Environmental Liability Exemption – Wis. Stat. §§ 292.12 and 292.13, Rights and Responsibilities of Off-site, Affected Property Owners, RR-589 Please recycle old versions of this DNR document and reference to the updated document moving forward.

The update also includes content from and  replaces, a publication titled, What Homeowners, Lenders and Realtors should know about Off-site Contamination, RR-927. More information about the off-site exemption, and RR Program contacts, are available on the DNR’s  web page, Off-site contamination – contamination that crosses property lines.