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EPA brownfield grant applications may be due earlier this fall. Start working on yours soon.

DNR has learned that U.S. EPA may require FY20 brownfield grant applications to be submitted earlier than usual this year, so the grant process doesn’t overlap with preparations or participation at the 2019 National Brownfields Training Conference in Los Angeles, CA, December 11–13. There is no official decision yet, but release of the grant proposal guidelines and the subsequent proposal deadline could be moved up several weeks or more.

It is our understanding that the multipurpose grants available in the last round may not be offered this fall. It sounds like multipurpose and revolving loan fund (RLF) grants could alternate rounds and only be available bi-annually. If so, FY20 RLF grants should be available this fall.

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DNR Interim Decision on Voluntary Party Liability Exemption (VPLE) Program and Emerging Contaminants

Wisconsin’s Voluntary Party Liability Exemption (VPLE) program allows a person to clean up a property and receive an exemption from future liability for historic contamination. Once cleanup is complete, the VPLE Certificate of Completion (COC) provides liability protection for the owner of the property. It is also transferrable to future owners. Since 1995, the DNR has issued 186 COCs. Eighty-three voluntary parties are currently pursuing a VPLE COC.

Recent concerns over emerging contaminants, particularly per- and polyfluoroalkyl substances (“PFAS”) chemicals in Wisconsin and nationally have prompted the DNR to evaluate the potential for historical discharges of PFAS and other emerging contaminants at properties enrolled in the VPLE program that are pursuing a COC.

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RR Program Requesting NR Board Approval to Initiate Rulemaking

On January 23, 2019, the Remediation and Redevelopment (RR) Program will seek the approval of the Natural Resource Board (NRB) to initiate the rulemaking process for revisions to select provisions of Wis. Admin. Code chs. NR 700799, Environmental Protection – Investigation and Remediation of Environmental Contamination.

Pursuant to Wisconsin’s administrative rulemaking process, the RR Program has prepared two statements of scope that detail the proposed content of the rulemaking.  These scope statements have been approved by the governor are now available online in the Wisconsin Administrative Register.

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