Environmental Contamination

Comprehensive Per- and poly-fluoroaklyl (PFAS) Legislation Proposed

Today, Governor Evers and Secretary Cole accompanied Senators David Hansen (Green Bay) and Mark Miller (Monona) to announce one of the most comprehensive bills in the nation to address contamination by per- and poly-fluoroalkyl substances (PFAS). This bill (LRB-2297/2), if passed, will protect public health as well as the air, waters and lands of Wisconsin.

What would the legislation do?

  • This bill requires the Department of Natural Resources to establish and enforce various standards for per- and poly-fluoroalkyl substances (PFAS).
  • The PFAS group of substances includes several thousand chemicals (4,000+); two of the most well-known are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).
  • The bill requires DNR to establish, by rule, the following:
    • acceptable levels and standards,
    • monitoring requirements, and
    • required response actions for any PFAS.
  • Applies to all media:
    • in drinking water, groundwater, surface water, air, solid waste, beds of navigable waters, and soil and sediment, if the department determines that the substance may be harmful to human health or the environment.
  • These rules must cover, at a minimum, PFOA and PFOS, as well as perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluorobutane sulfonic acid (PFBS), and perfluoroheptanoic acid (PFHpA).
  • In recommending a groundwater enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance, the department of health services may recommend individual standards for each substance, a standard for these substances as a class, or standards for groups of these substances.

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New Fillable PDF Form for Materials Management Plan

A new, fillable PDF form has replaced RR-072. The new form is 4400-315: Recommended Template for Request to Manage Materials under Wis. Admin. Code § NR 718.12 or NR 718.15

The purpose of this form is to provide an optional template format for consultants and responsible parties to demonstrate the proposed management of solid waste material qualifies for a Wis. Admin. Code § NR 718.12 or NR 718.15 exemption and to request written approval of the request.

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EPA Brownfield Grants for Environmental Job Training

The U.S. EPA Brownfields program is now accepting applications for its Environmental Workforce Development and Job Training (EWDJT) grant. The deadline is June 10, 2019.

Through the EWDJT program, graduates develop skill sets to improve their ability to secure full-time, sustainable employment in various aspects of hazardous and solid waste management and within the larger environmental field, including sustainable cleanup and reuse, water quality improvement, chemical safety, and pesticide management.

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Electronic Documents to be Submitted Via RR Submittal Portal

Under the NR 700 rule series, responsible parties (RPs), or their representative, must provide DNR with one paper copy and one electronic copy of all submitted documents, including those related to case closure requests. These submittal requirements can be found in Wis. Admin. Code § NR 700.11 (3g), as well as throughout Wis. Admin. Code chs. NR 700 ‐ 754 for specific situations.

Since January 2019, the RR Program has directed RPs and consultants to submit all electronic documents required by Wis. Admin. Code chs. NR 700-754 via the RR Program Submittal Portal.

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NR 700 – 754 Rules Meeting on April 18, 2019

On April 18, 2019, the Remediation and Redevelopment (RR) program will host a meeting to provide information and seek input on the development of revisions to select provisions of Wis. Admin. Code chs. NR 700799, Environmental Protection – Investigation and Remediation of Environmental Contamination.

This meeting is part of a series of rule development meetings that the RR program is hosting as it develops proposed rule revisions.  The April 18 meeting will be a subgroup discussion of rule development regarding financial assurance costs, mechanisms, and procedures for the implementation of statutory requirements relating to:

  • Financial responsibility for engineering control and structural impediment removal at sediment cleanup sites and related requirements (new chapter NR 756) and
  • Insurance or other forms of financial responsibility for Voluntary Party Liability Exemption (VPLE) sediment cleanup sites (new chapter NR 758).

The meeting will be held from 1 p.m. to 3 p.m. at the DNR’s Madison office in room 513, with remote access available.  If you plan to attend the meeting in person, please RSVP to Molly Schmidt.

To participate via conference call, please call 1-855-947-8255 using the code: 6961 559#.

New CR30 Subtask Added to PECFA U&C Schedule #25

The Usual & Customary Cost Standardized Invoice –  RR-107a – and Task Reference Guide #25 – RR-107 – have been updated to include a new subtask under Task 5 – Closure Request.

CR30 – P.E. Review and Certification of Closure Materials – provides up to $1,129.60 for professional engineer time to review site file materials, visit the site, make a recommendation on closure, and certify the closure packet.

The subtask also includes any project manager’s time for a site visit and/or discussion with the professional engineer regarding the site.

Please visit the PECFA Reimbursement tab on the Remediation and Redevelopment program’s website for the updated U&C Standardized Invoice and for complete task specifications as outlined in RR-107.

 

RR Program’s PFAS Technical Advisory Group Meetings Scheduled

The DNR’s Remediation and Redevelopment (RR) Program will convene a PFAS Technical Advisory Group (TAG) to discuss PFAS-related concerns that are specific to the assessment and cleanup of environmental contamination.

The goal of the group is to examine the “what, where, when and how” of PFAS investigation and remediation by sharing concerns, identifying current and proposed practices, and strategizing on issues requiring solutions. The group does not have an appointed membership; any interested party may attend.

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Public Comment Open Now on Glatfelter Settlement to Clean up Fox River

Papermaker P.H. Glatfelter has agreed to pay $20.5 million to reimburse past and future EPA costs to clean up PCBs in Fox River sediment in a settlement with the US EPA and the US DOJ.

The settlement requires Glatfelter to assume responsibility for cleanup tasks, as well as the long-term monitoring and maintenance that will continue for years following dredging and a cap installation that is scheduled to be finished this year.

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NR 700 Semi-Annual Reporting Due Soon

Semi-annual reporting for the period of July 1, 2018 to December 31, 2018 is due February 1, 2019. Semi-annual reporting is required of responsible parties (RPs) for all “open” sites, including those sites the DNR formerly classified as “conditionally closed” in the BRRTS online database. Consultants may submit these reports on behalf of the RPs.

An email from the DNR with your unique report identification number was sent during the first week of January 2019. If you did not receive an email, you can request a Report ID number by submitting the Report ID Request Form. The Report ID number you will receive uniquely identifies the activity for which you wish to report, the reporting period, and verifies the person using the ID is authorized to submit the report. If you have any questions, please contact Tim Zeichert at (608) 266-5788.

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New Document Submittal Portal for RR Program

The Remediation and Redevelopment program’s new RR Program Submittal Portal is now live and available to use.

The new portal allows consultants and other customers to submit documents required by Wis. Admin. Code chs. NR 700-754 related to the assessment, investigation, cleanup, closure, or redevelopment of contaminated properties.

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