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.

Wisconsin Assessment Monies (WAM) Applications Open

Posted on by Jodie Thistle

The Wisconsin Department of Natural Resources (DNR) is now accepting applications for the Wisconsin Assessment Monies (WAM) program. The WAM program provides services and funding to investigate brownfields sites where potential or known contamination is acting as an impediment to redevelopment. Since 2010, the U.S. EPA has awarded the DNR and its partners $5.3 million in brownfield assessment grant funding. The DNR uses the funding to aid local governments and others in investigating brownfield properties throughout the state.

Eligible assessment activities through WAM include:

  • Phase I Environmental Site Assessments (All Appropriate Inquiries/AAI)
  • Phase II Environmental Site Assessments
  • NR 716 Site Investigations
  • Remedial action planning

Two types of awards are available through WAM:

WAM Community Managed Awards: Subgrants of up to $75,000 each are available to communities to assess a brownfield property. The award recipient selects a qualified environmental professional and manages all aspects of the project.

WAM Contractor Services Awards: Award recipients receive assessment services performed by the DNR’s environmental contractors. The DNR manages the project and oversees the contractors.

Eligible applicants include local governments and tribal entities. Private entities may also apply for contractor services awards.

Eligible properties must meet the federal definition of a brownfield, “A brownfield is a real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”

Applications are accepted on a rolling basis until funds are expended. For more information about the application, process, materials needed, and model documents visit the RR Program’s WAM webpage or email Gena Larson at Gena.Larson@wisconsin.gov.

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.

DNR To Hold Remediation and Redevelopment External Advisory Group Meeting

Posted on by Jodie Thistle

UPDATE (1/17/2023): This post has been updated to reflect that the meeting is online only.

The Wisconsin Department of Natural Resources (DNR) will host its quarterly Remediation and Redevelopment External Advisory Group (RR EAG) meeting from 9 a.m. to noon on Friday, Jan. 27, 2023.

The DNR’s RR Program oversees the investigation and cleanup of environmental contamination and the redevelopment of contaminated properties. The DNR has a business need to receive constructive and practical input from, and provide information to, interested parties on a wide variety of regulatory and policy issues.

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.

The RR EAG meetings are open to the public.

EVENT DETAILS
What: Remediation and Redevelopment External Advisory Group Meeting
When: 9 a.m. – noon on Friday, Jan. 27, 2023
Where: Register here to join the meeting via Zoom.

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

RR EAG subgroup meetings notes and assignments for the Dec. 9, 2022, meetings are now available on the DNR’s RR EAG webpage.

RR Program Seeks Contracts and Procurement Coordinator

Posted on by Jodie Thistle

The Remediation and Redevelopment (RR) Program is recruiting a Contracts and Procurement Coordinator.

This position will be stationed out of a DNR Central Office building in Madison. Telework may be available for up to 60% of the work week. The deadline to apply is Jan. 6, 2023.

The Contracts and Procurement Coordinator professional position has primary responsibility for contracting and procurement for all Remediation and Redevelopment (RR) Program projects supported by the Environmental Repair Fund (including emergency response), as well as many contracts funded by federal Environmental Protection Agency (EPA) and Department of Defense (DOD) grants. The Contracts and Procurement Coordinator primary responsibilities include procurement, solicitation and bidding support and coordination, contract management including invoice processing, requisition entry, work planning, performance monitoring, and reporting. The RR Program receives almost $5 million each biennium for Environmental Repair Fund projects. Additionally, the Program manages approximately $500,000 in contractual costs annually across numerous Federal EPA grants. The Contracts and Procurement Coordinator works closely with the State and Federal Programs (SFP) Section Chief and Grant and Budget Manager to ensure efficient and effective use of state and federal funds.

A full position description, including necessary qualifications, is available online at the Wisc.jobs website (Job ID number 7941).

This is a re-announcement. The original job announcement dates were from 10/12/2022 to 10/22/2022. Applicants that applied at that time do not need to re-apply.

RR Program Seeks Vapor Intrusion Expert

Posted on by Jodie Thistle

The Remediation and Redevelopment (RR) Program is recruiting a Vapor Intrusion Expert.

This position will be stationed out of a DNR office within the state based on applicant preference and space availability. Telework may be available for up to 60% of the work week. The deadline to apply is Dec. 21, 2022.

This is a project position that will be expected to end on July 31, 2026. Project positions are eligible for benefits including health insurance, but the incumbent does not attain permanent civil service status.

This project position provides geologic and hydrogeologic expertise and oversight for inventory, assessment and remediation of dry cleaner and vapor contamination sites, focusing on vapor intrusion risk assessment and reduction of volatile compound contamination statewide. The position serves as a Remediation and Redevelopment (RR) Program technical resource coordinating the work of a multi-disciplinary team involved in hydrogeology program related activities specific to vapor intrusion mitigation and remedial action, in addition to performing hydrogeologist duties identified at the advanced level of the hydrogeologist classification. The position will provide direction for agency staff and external parties on assessment of vapor intrusion, evaluation of mitigation plans, approval, notification and tracking methods, and long-term stewardship for locations with mitigation systems installed or other protective measures in place. The position requires knowledge of mechanical systems (HVAC) and project management principles to provide services relating to the design, construction, operation, and maintenance of vapor intrusion systems. The person in this position will be responsible for providing site-specific, engineering evaluations and project reviews for remediation sites with vapor intrusion concerns, including evaluating, troubleshooting, and optimizing support for vapor mitigation systems. In addition, this position will provide expertise to the RR Program related to vapor intrusion in the areas of building mechanical systems design, construction, remodeling, and maintenance.

A full position description, including necessary qualifications, is available online at the Wisc.jobs website (Job ID number 7424).

RR Program Seeks Environmental Civil Engineer

Posted on by Jodie Thistle

The Remediation and Redevelopment (RR) Program is recruiting an Environmental Civil Engineer.

This position can be located in the Department of Natural Resources (DNR) Madison, Rhinelander, Antigo, Green Bay, Baldwin or Milwaukee office. Other DNR locations may be possible based on space availability and managerial approval. The deadline to apply is Dec. 21, 2022.

This advanced technical position requires application of specific knowledge of engineering and project management principles to provide services relating to the design, construction, operation, and maintenance of remediation systems, coordination of contaminated soil management and management of environmental systems associated with methane, air deposition, utility gas migration, and remedial excavations throughout Wisconsin. The Remediation Engineer will be responsible for providing site-specific, engineering evaluations and project reviews for remediation sites, as well as aiding regional staff, local government units, lenders, owners, and potential purchasers of brownfield properties for regulatory compliance with applicable federal and state laws. The work will include troubleshooting and evaluation services, as well as optimization support for remediation systems, methane migration, and the evaluation of air deposition of contaminants. Among other duties, the Remediation Engineer will provide engineering expertise to the RR Program in the areas of historic fill exemptions, geotechnical borings, and remedial excavations.

A full position description, including necessary qualifications, is available online at the Wisc.jobs website (Job ID number 6481).

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.