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U.S. EPA’s Updated Soil Lead Guidance For CERCLA Sites And RCRA Corrective Action Facilities

Posted on by Jodie Thistle

On Jan. 17, 2024, the U.S. EPA updated its residential lead screening levels for soil. The updated guidance is a culmination of a years-long effort to strengthen the investigation and cleanup of lead-contaminated soil to protect children from lead exposure. The updated guidance lowers the recommended lead screening levels for direct contact with soil from 400 milligrams per kilogram (mg/kg or parts per million) to 200 mg/kg for residential settings and recommends application of 100 mg/kg if additional sources of lead exposure are present (e.g., lead in drinking water, lead paint, etc.). No changes to industrial lead levels are proposed.

The DNR is reviewing the U.S. EPA’s guidance and consulting with the Wisconsin Department of Health Services to determine how it may apply in Wisconsin. The DNR expects to have more information soon.

The new guidance is intended to apply to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) sites immediately, and the U.S. EPA is currently working on an implementation plan. If you have specific questions about the application of the guidance to RCRA and CERCLA sites, please reach out to the following DNR contacts:

Issues & Trends Webinar On Jan. 31, 2024: When Should A Site Investigation Enter Surface Water

Posted on by Jodie Thistle

The Remediation and Redevelopment (RR) Program’s next webinar in the Issues & Trends series will take place on Wednesday, Jan. 31, 2024, from noon-1 p.m.

The scheduled presentation is titled When Should a Site Investigation Enter Surface Water and will be followed by time for questions. Site investigation scoping is the first step to developing a site investigation work plan. This webinar will highlight what information to evaluate at sediment sites during site investigation scoping. It will also cover potential pathways for contamination to enter surface water.

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.

RR Program Seeks Policy and Program Operations Director

Posted on by Jodie Thistle

The Remediation and Redevelopment (RR) Program is recruiting a Policy and Program Operations Director. This position may be located in either the DNR’s Madison, Milwaukee or Green Bay offices. The deadline to apply is December 13, 2023.

This position serves as the lead policy and program operations position in assisting the Director of the Remediation and Redevelopment Program. In the absence of the Program Director and in conjunction with the Program’s Field Operations Director, this position represents the Department in external contacts with the Governor’s Office, the legislature, local government leaders, federal agencies such as the United States Environmental Protection Agency (EPA), regional and national remediation and redevelopment-related organizations, and a wide variety of public groups, private businesses, and associations. The Policy and Program Operations Director provides day-to-day supervision of the Program’s section chiefs and Program Support staff throughout the state. This position oversees the implementation of all policy, planning, personnel and database oversight activities associated with the RR program’s policy and program operations activities. This position serves on the Remediation and Redevelopment Management Team and plays a key role in facilitation.

A full position description, including necessary qualifications, is available online at the Wisc.jobs website (Job ID number 12491).

Now Available: Guidance on Addressing Contaminated Sediment Sites in Wisconsin (RR-0124)

Posted on by Jodie Thistle

Following a public comment period, the publication Guidance on Addressing Contaminated Sediment Sites in Wisconsin (RR-0124) 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 publications and forms webpage.

The purpose of this guidance is to outline approaches for investigating and remediating hazardous substances discharges that impact sediment to comply with the requirements in Wisconsin Statutes (Wis. Stat.) ch. 292 and the applicable provisions of Wisconsin Administrative (Wis. Admin.) Code chs. NR 700-799. This guidance explains the steps recommended for assessment of contaminated sediment, evaluation of remedial options and the selection, design, implementation and monitoring of remedial actions. This guidance will clarify closure requirements at sites with contaminated sediments, including continuing obligations, long term stewardship and financial assurance.

Questions regarding this document may be submitted to Carrie Webb at CarrieA.Webb@wisconsin.gov.

Now Available: Publication Guidance: Environmental Contamination & Your Real Estate (RR-973)

Posted on by Jodie Thistle

Following a public comment period, the publication Guidance: Environmental Contamination & Your Real Estate (RR-973) 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 publications and forms webpage.

The purpose of the guidance is to provide information to help property owners understand the impact contamination may have on the market value of their property and the legal obligations they have should the property be sold in the future.

Questions regarding this document may be submitted to Barry Ashenfelter at Barry.Ashenfelter@wisconsin.gov.

ITRC Vapor Intrusion Mitigation Training Series On Feb. 14 And Feb. 21

Posted on by Jodie Thistle

The Interstate Technology Regulatory Council (ITRC) will offer online vapor intrusion training over two sessions on Feb. 14 and Feb. 21, 2023.

The Vapor Intrusion Mitigation training series provides an overview of vapor intrusion mitigation and presents information on how to utilize the ITRC’s Vapor Intrusion Mitigation Interactive Directory. The interactive directory includes up-to-date fact sheets, technology information sheets and checklists. DNR staff participated in the development of both the technical resources and training.

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

Session 1 – Feb. 14, 2023, noon-2:00 p.m. CST
Topics Include:

  • Introduction and overview of vapor intrusion mitigation training team
  • Conceptual site models for vapor intrusion mitigation
  • Public outreach during vapor intrusion mitigation
  • Rapid response and ventilation for vapor intrusion mitigation
  • Remediation and institutional controls

Session 2 – Feb. 21, 2023, noon-2 p.m. CST
Topics Include:

  • Active mitigation approaches
  • Passive mitigation approaches
  • System verification, OM&M and exit strategies

Environmental professionals are encouraged to register at the CLU-IN Vapor Intrusion Mitigation webpage.

The online sessions will repeat in June 2023. This training is also available on-demand at the CLU-IN Vapor Intrusion Mitigation archive.

RR Sites Map Updates

Posted on by Jodie Thistle

The Wisconsin Department of Natural Resources (DNR) recently made updates to the Remediation and Redevelopment Sites Map (RRSM).

Winter 2023 updates include:

  • 2022 leaf-on aerial photos added.
  • Improved leaf-off aerial photo imagery by updating to 2018-2021 imagery (state-wide, 3″-12″ resolution).
  • Modified slider bar to only include the aerial photos.
  • All aerial photos now viewable at scales from 1:50,000 to 1:248.
  • County tax parcels now identifiable starting at a scale of 1:15,840 through 1:248.
  • Ability to toggle the dynamic parcel labels on and off; this option is available starting at a scale of 1:3,960.

The RRSM is the DNR web-based mapping system that provides information on contaminated properties and other activities related to the investigation and cleanup of contamination in Wisconsin. Access the RRSM, additional information about map layers and user tips on the RRSM webpage.

Now Available– Guidance: Wisconsin Vapor Quick Look-up Table (RR-0136) and Guidance: History of Changes to Vapor Action Levels, Vapor Risk Screening Levels and Attenuation Factors for Common Volatile Organic Compounds in Wisconsin (RR-0137)

Posted on by Jodie Thistle

Updated publications Guidance: Wisconsin Vapor Quick Look-Up Table Indoor Air Vapor Action Levels and Vapor Risk Screening Levels (RR-0136) and Guidance: History of Changes to Vapor Action Levels (VAL), Vapor Risk Screening Levels (VRSL) and Attenuation Factors (AF) for Common Volatile Organic Compounds (VOC) in Wisconsin (RR-0137) are now posted and available online.

Guidance: Wisconsin Vapor Quick Look-Up Table Indoor Air Vapor Action Levels and Vapor Risk Screening Levels (RR-0136)
RR-0136 lists volatile organic compounds frequently encountered at cleanup sites. The update includes vapor action and screening levels for cis-1,2-dichloroethylene (cis-1,2-DCE) based on updates to the U.S. Environmental Protection Agency (EPA) Regional Screening Levels.

Action and screening levels for cis-1,2-DCE should now be added to summary vapor data tables and exceedances noted. Consultants should compare vapor data for open sites to the updated table for potential additional actions. Vapor data for chemicals not available on RR-0136 should accessed via the U.S. EPA’s Vapor Intrusion Screening Level (VISL) Calculator; instructions on using VISL are included in RR-0136.

Guidance: History of Changes to Vapor Action Levels (VAL), Vapor Risk Screening Levels (VRSL) and Attenuation Factors (AF) for Common Volatile Organic Compounds (VOC) in Wisconsin (RR-0137)
RR-0137 is a quick reference to historical VAL, VRSL and AF values for VOCs, with dates when changes occurred. This document is intended to help users understand the basis for past decisions at sites.

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 are listed on the DNR Vapor Intrusion Resources for Environmental Professionals webpage.

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.

 

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

Posted on by Jodie Thistle

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

Posted on by Jodie Thistle

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.