Environmental Contamination

Environmental Liability Exemptions in the VPLE Program

The cleanup and redevelopment of contaminated properties has become a critical land use issue for public and private entities across the country. These brownfields – abandoned or underused properties where redevelopment is hindered by real or perceived contamination – are often the key to a successful community redevelopment project.

Many developers, lenders and prospective purchasers of brownfields choose to enroll in the Voluntary Party Liability Exemption (VPLE) program versus a traditional cleanup path, since the VPLE provides certain liability assurances helpful to investors as well as future property owners.

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Now Available: Publication RR-649, Guidance for Documenting the Investigation of Human-made Preferential Pathways Including Utility Corridors

Following a public comment period and consideration of the comments received, the publication RR-649, Guidance for Documenting the Investigation of Human-made Preferential Pathways Including Utility Corridors, is now posted and available online.

RR-649, formerly titled Guidance for Investigating Utilities, focused on investigating the migration of contamination in media along the exterior of utility corridors within the surrounding utility bedding. Current research indicates that contamination and vapors may migrate within utilities as well as other preferential pathways and the updated version of RR-649 reflects this new understanding. For additional information, please see the July 2020 Issues & Trends webinar, Vapor Intrusion: New Preferential Pathways, in the Remediation and Redevelopment Program’s training library.

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Reminder: Issues & Trends Webinar on June 15, 2021: 1,4-Dioxane – A Contaminant of Emerging Concern

The Remediation and Redevelopment (RR) Program reminds you that the next webinar in the Issues & Trends series will take place on Tuesday, June 15, 2021, from 12:00 p.m. to 1:00 p.m.

The scheduled presentation is: 1,4-Dioxane – A Contaminant of Emerging Concern.

This presentation will provide an overview of 1,4-dioxane. RR Program engineer Angela Carey will review considerations for site investigation scoping, sampling and analysis and selection of remedial options. In addition, information regarding proposed updates to 1,4-dioxane groundwater quality standards in NR 140 will be provided.

A Zoom web conferencing registration link, along with a schedule of future Issues & Trends presentations, may be found on the RR Program’s Conferences and Training webpage.

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

 

ITRC Offers Online Training June 1 And 15 Regarding Comprehensive Vapor Intrusion Mitigation

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

The series, to be held on June 1 and June 15, will cover the purpose and use of the December 2020 comprehensive web-based series of technical resources for Vapor Intrusion Mitigation.

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

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Public Input Opportunity Ends Soon for Publication RR-649, Guidance for Documenting the Investigation of Human-made Preferential Pathways Including Utility Corridors

The public comment period ends next week for publication RR-649, Guidance for Documenting the Investigation of Human-made Preferential Pathways Including Utility Corridors.

The document can be found on the RR Program’s Public Notices & Guidance web page under the “Program Guidance” tab. Comments may be submitted through May 3, 2021, to Jim Walden at jamese.walden@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

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Issues & Trends Webinar on April 20, 2021: Vapor Intrusion – Acute Risk Associated with TCE

The Remediation and Redevelopment (RR) Program reminds you that the next webinar in the Issues & Trends series will take place next week, April 20, 2021, from noon to 1:00 p.m.

The scheduled presentation is: Vapor Intrusion – Acute Risk Associated with TCE.

The presentation is a discussion of the acute risk associated with trichloroethylene (TCE) in vapors. Presenters and guests will provide background on TCE and its prevalence in Wisconsin, along with a discussion of short-term, health-related concerns. Speakers will also explain the need to prioritize vapor investigations when TCE is a contaminant of concern, DNR’s authority under NR 708 and the DNR’s partnerships with DHS and local health departments.

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Public Input Opportunity – Publication RR-649, Guidance for Documenting the Investigation of Human-made Preferential Pathways Including Utility Corridors

The Remediation and Redevelopment (RR) Program is now seeking input on publication RR-649, Guidance for Documenting the Investigation of Human-made Preferential Pathways Including Utility Corridors.

The guidance is intended for persons who perform and document investigation and remediation of sites with environmental contamination under Wisconsin Administrative Code (Wis. Admin. Code) chs. NR 700-799, including the Wisconsin Department of Natural Resources (DNR) staff who review such submittals.

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Reminder Letter Sent To Responsible Parties To Prioritize Vapor Intrusion Evaluations At Sites With TCE

The Wisconsin Department of Natural Resources (DNR) Remediation and Redevelopment (RR) Program is sending a reminder letter regarding vapor intrusion to parties responsible for cleanup at open remediation sites in Wisconsin. A copy of the letter will also be sent to the responsible party’s (RP) environmental consultant.

The letter is a reminder to RPs and consultants that the potential for short-term (i.e., acute) health risks associated with trichloroethylene (TCE) in indoor air are serious enough that it should be one of the first things evaluated as part of a site investigation. This is especially true on sites where contamination may impact sensitive populations and should be routinely reassessed throughout a project’s life to ensure protectiveness.

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DNR Adopts the Department of Health Services’ Recommended Hazard Index (HI) Approach

DNR Adopts the Department of Health Services’ Recommended Hazard Index (HI) Approach for Evaluating Human Health Risk of Certain PFAS due to Ingestion of Drinking Water

On Nov. 6, 2020, the Wisconsin Department of Health Services (DHS) provided the Wisconsin Department of Natural Resources (DNR) recommended groundwater standards for 16 PFAS substances (known as “Cycle 11”). Shortly thereafter, DHS provided recommendations to DNR for utilizing a hazard index approach to assess the cumulative risk of these PFAS, including PFOA and PFOS from Cycle 10. The hazard index risk assessment approach is used to assess the cumulative risks of compounds with similar health effects that are typically found as mixtures in environmental samples. This approach has been employed by DHS to evaluate certain classes of pesticides and volatile organic compounds as well as by the United States Environmental Protection Agency (EPA) to evaluate the risk posed by non-carcinogenic chemicals found at Superfund sites.

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DNR Requests NRB Adoption of Permanent Rule RR-10-17 on April 14, 2021

As part of a continuing effort to ensure efficient and effective guidance and standards for the investigation and remediation of contaminated sites in Wisconsin, the Department of Natural Resources (DNR) is working with key public and industry stakeholders, state agencies, the State Legislature, the governor and the general public to update portions of chs. NR 700-799, Wis. Adm. Code.

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