General Program Announcements

Updates To The RR Sites Map And Polygon Layers

Posted on by Christine Sieger

RR Sites Map (RRSM) is undergoing updates that will include the removal of some of the polygon area layers. Polygon layers show site or property boundaries on RRSM and may include outdated or inconsistent spatial information.

Polygon layers will remain for Voluntary Party Liability Exemption (VPLE), Facility-wide and Green Space grant site boundaries. Users can generally find more detailed information related to the layout of the specific activities in reports available on the Bureau of Remediation and Redevelopment Tracking System (BRRTS) on the Web (BOTW).

Please contact Sonya.Rowe@wisconsin.gov with technical issues during this transition process.

NEW EPA Resources For All Appropriate Inquiries (AAI)

Posted on by Christine Sieger

In Feb. 2023, the U.S. Environmental Protection Agency (U.S. EPA) published a final rule to amend the EPA’s Standards and Practices for All Appropriate Inquiries (AAI). 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 EPA recently published several new resources that address the new ASTM standard for Phase I Environmental Site Assessments (E1527-21):

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 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.

Reminder To Use Updated Case Closure Request Form (4400-202)

Posted on by Christine Sieger

The Remediation and Redevelopment (RR) Program reminds anyone submitting a case closure request that the most up to date Case Closure Request Form (4400-202) must be used per Wis. Admin. Code § NR 726.09(1). This form was last updated in October 2022 to clarify database fees and provide information on electronic submittals.

The current form can be found online, or by visiting dnr.wi.gov, search “4400-202.” Please avoid using any desktop versions that you may have saved. A case closure request may be considered incomplete if submitted on an obsolete form.

The Wisconsin Department of Natural Resources suspended the requirement to submit a paper copy of the closure request form and supporting documentation. Customers are strongly encouraged to submit documents via the online Submittal Portal. Please refer to Guidance for Submitting Documents (RR-690) for additional information on the format and procedures for submitting documents to the RR Program.

Best Practices for Electronic Payments to the DNR

Posted on by Christine Sieger

Make your payments to the Wisconsin Department of Natural Resources (DNR) count!

The DNR accepts electronic payments for Remediation and Redevelopment (RR) Program assistance requests; please always include “DNR” in the comment description of the payment.

To ensure timely and appropriate credit for your payment, please send an email to the DNR upon payment submittal and include the following information:

  • Critical! BRRTS Number
  • Activity Name
  • Submittal type (e.g., technical assistance request, case closure request)
  • Total payment amount (if multiple fees are being submitted, include the fee per type of assistance in the comments)

Emails informing the DNR about payment submittal should be sent to Margaret Hooper and the regional environmental program associate. Additional instructions available in the Instructions for Paying DNR Feeds by Electronic Funds Transfer (ACH-Credit).

More information on RR Program services and fees is available online RR Services and Fees webpage.

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.

NR 700 Reporting Due Jan. 30

Posted on by Jodie Thistle

Semi-annual reporting for the period of July 1, 2022, to Dec. 31, 2022, is due by Jan. 30, 2023. Semi-annual reporting is required of responsible parties for all open sites, including those sites the DNR formerly classified as “conditionally closed” in the Bureau for Remediation and Redevelopment Tracking System (BRRTS) online database. Consultants may submit these reports on behalf of responsible parties.

The DNR will send an email with a unique Report Identification (ID) number to contacts of sites listed in the database during the first week of January 2023. If you do not receive an email by Jan. 9, 2023, you can request a Report ID number by submitting the Report ID Request Form.

The Report ID number uniquely identifies the activity you can report, the reporting period and verifies the person using the Report ID is authorized to submit the report. If you have any questions, please contact Tim Zeichert at Timothy.Zeichert@wisconsin.gov or 608-219-2240.

State law requires semi-annual reports from people who meet the definition of a responsible party in Wisconsin Administrative Code ch. NR 700. Property owners, such as local governments that have an exemption under Wis. Stat. §§ 292.11(9)(e) or 292.23, and lenders that have an exemption under Wis. Stat. § 292.21 for specific properties, are not required to submit a semi-annual report for those exempt properties under state law.

Sites formerly classified by the DNR as “conditionally closed” are open sites that have not been granted case closure and, by definition, have remaining action(s) needed (e.g., properly abandoning monitoring wells or investigative waste needing to be removed).

Semi-annual reporting for sites formerly classified as “conditionally closed” should indicate what actions are being taken to complete the remaining actions.

The next reporting period is from Jan. 1, 2023, to June 30, 2023.

Public Input Opportunity for DNR Publication Guidance on Addressing Contaminated Sediment Sites in Wisconsin (RR-0124)

Posted on by Jodie Thistle

The Remediation and Redevelopment (RR) Program is now seeking input on the publication Guidance on Addressing Contaminated Sediment Sites in Wisconsin (RR-0124).

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.

The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through Jan. 11, 2023 to Carrie Webb at Carrie.Webb@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

Public Input Opportunity for DNR Publications – Guidance: Voluntary Party Exemption Liability (RR-0141), Guidance: Registering and Removing Underground Storage Tanks (RR-627), Guidance: Environmental Contamination & Your Real Estate (RR-973)

Posted on by Jodie Thistle

The Remediation and Redevelopment Program is currently seeking input three publications:

Guidance: Voluntary Party Exemption Liability (RR-0141)
RR-0141 provides information about the voluntary party liability exemption (VPLE), which was created by the Wisconsin State Legislature in 1994 when Wisconsin Statutes § 292.15 was enacted to aid in the redevelopment of brownfield properties.

Submit comments to Michael Prager or to DNRRRGuidance@wisconsin.gov by Dec. 7, 2022.

Guidance: Registering and Removing Underground Storage Tanks (RR-627)
RR-627 outlines responsibilities for underground storage tanks and suggests best practices for registering and removing them.

Submit comments to Barry Ashenfelter or to DNRRRGuidance@wisconsin.gov by Dec. 7, 2022.

Guidance: Environmental Contamination & Your Real Estate (RR-973)
RR-973 provides 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.

Submit comments to Barry Ashenfelter or to DNRRRGuidance@wisconsin.gov by Dec. 7, 2022.

The documents may be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab.

DNR To Hold Remediation And Redevelopment External Advisory Group Meeting

Posted on by Jodie Thistle

The Wisconsin Department of Natural Resources (DNR) will host a series of Remediation and Redevelopment External Advisory Group (RR EAG) subgroup meetings on Friday, Dec. 9, 2022.

The RR EAG was formed to address a broad range of issues, encompassing both technical and policy topics related to encouraging the investigation, cleanup and redevelopment of contaminated sites in Wisconsin.

The RR EAG identifies issues and topics of interest that may be addressed by ad hoc subgroups. Subgroup members are expected to research and develop recommendations on the selected topics for presentation to the full group. RR EAG subgroup meetings are open to the public.

Where:
State Natural Resources Building Room G09
101 S. Webster Street, Madison, WI 53703
Enter from Webster Street and take the hallway to the right to the reception desk.
In-person attendees should RSVP to Jody.Irland@wisconsin.gov by noon on Thursday Dec. 8.

When:

Visit the DNR’s RR EAG webpage for meeting agendas, materials and additional information. Subscribe here for updates on future meetings.

Remediation and Redevelopment Program 128(a) Year-End Report Available

Posted on by Jodie Thistle

The Wisconsin Department of Natural Resources (DNR)’s Remediation and Redevelopment (RR) Program’s year-end report, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 128(a) Grant Final Report (RR-0142), is now available on the About the RR Program webpage.

The report highlights work undertaken within the latest funding year under the CERCLA Sec. 128(a) grant from the U.S. Environmental Protection Agency (EPA).

The RR Program utilizes its CERCLA Sec. 128(a) grant to enhance its state response program and fulfill public record requirements. In addition, the grant is used to support state programs and designated federal programs under the jurisdiction of the RR Program, by supporting outreach, site discovery and redevelopment tools such as:

  • Hands-on assistance, like Green Team meetings, which empower local governments to tackle brownfields redevelopment
  • The Voluntary Party Liability Exemption (VPLE) program
  • General liability assistance
  • Conferences and training
  • Policy development to address emerging issues
  • Continuing obligation audits
  • Online site information including BRRTS on the Web (BOTW) and RR Sites Map
  • Public/private partnerships for continuous program improvement

Reporting period highlights include activities related to Vapor Intrusion Prevention & Partnership (VIPPI) Toolkit, local government outreach with Brownfields Fundamentals, and continued protection through continuing obligations audits at closed sites.

Additional CERCLA Sec. 128(a) reports can be found on the Remediation and Redevelopment Program’s webpage.