Note From The RR Program

RR Program Encourages Review Of U.S. EPA Policy Statement On LUST Releases And Advanced Site Characterization Tools

Posted on by Coreen Fallat

In September 2025, the U.S. Environmental Protection Agency (EPA) issued a policy statement encouraging states to move LUST cases toward closure. DNR encourages consultants to familiarize themselves with the EPA policy statement and the latest science related to petroleum-related site investigation tools, remediation and attenuation. The policy statement recommends action to move more sites to closure by:  

  • Reevaluating and assessing threats from open UST releases. 
  • Incorporating current best practices, tools, and scientific understanding of petroleum releases into their threat assessment – tools and science that might not have been available when the threats from the release sites were first evaluated and the original cleanup goals established. 
  • Making the threat assessment process open and transparent so owners and other stakeholders can be better informed about the threats posed by releases and collaborate with regulators on a course of action going forward. 

While the Wis. Admin. Code NR 700 series allows residual contamination to be left in place upon closure and exposure threats are already a significant part of closure-related decisions, several of the cases in Wisconsin have stalled due to incomplete site investigations. Defining the extent of contamination in all applicable media is required (Wis. Admin. Code § NR 716.11(3)(a)). Using advanced site characterization tools can be an efficient and cost-effective method of completing site investigations, particularly at LUST sites. Information and case studies about several of these technologies is available from ITRC and the U.S.EPA. In addition, a High-Resolution Site Characterization (HRSC) toolkit is currently in development by the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) Tanks Subcommittee for release in 2026 or 2027.   

This policy statement was preceded by an ASTM Standard published in May 2025 providing related technical resources.  

Given the significant role of natural attenuation in the remediation of LUST cases, consultants are also encouraged to familiarize themselves with RR program’s updated Monitored Natural Attenuation Guidance (RR-0156). 

For questions related to the RR LUST Program, please contact Jason Lowery at 608-228-4737 or Jason.Lowery@wisconsin.gov or visit the RR Petroleum and LUST webpage.

Note From The RR Program: Sharing Demographic Information With The DNR

Posted on by Coreen Fallat

Understanding building occupancy is important for protecting public health when there is a known risk of indoor air contamination caused by vapor intrusion. Collecting information about the individuals present at a building is referred to as collecting “demographics.” The demographic information can identify if any sensitive populations spend a meaningful amount of time in the building. Sensitive populations may be at an increased risk of adverse short-term (i.e., acute) health effects and primarily include people who are:

  • Under age 15
  • Currently pregnant or may become pregnant
  • Elderly

Risk of indoor air contamination is identified by an exceedance of the indoor air vapor action level (VAL) and/or sub-slab vapor risk screening level (VRSL) for a specific contaminant. When a VAL or VRSL is exceeded, the DNR recommends that the responsible party or their environmental consultant quickly share if any sensitive populations are present in the building. When sharing information with the DNR, the information should be general in nature, indicating whether a sensitive population is present; it should not include personal information such as names, specific ages, personal addresses and individual occupancy habits (e.g., work hours).

When there is a known exceedance of the indoor air vapor action level (VAL) and/or sub-slab vapor risk screening level (VRSL), DNR collaborates with DHS and local health who provide health-based recommendations that consider building occupancy when advising on the health risk, a timeline for a response and the need for immediate or interim actions (Wis. Admin. Code §§ NR 708.05 and 708.11.)

For more information about the risk of contaminated vapor within a building, visit dnr.wi.gov and search “vapor intrusion.”