Now Available: Publication Guidance: Environmental Contamination & Your Real Estate (RR-973)

Following a public comment period, the publication Guidance: Environmental Contamination & Your Real Estate (RR-973) 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 publications and forms webpage.

The purpose of the guidance is to provide 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.

Questions regarding this document may be submitted to Barry Ashenfelter at Barry.Ashenfelter@wisconsin.gov.

ITRC Vapor Intrusion Mitigation Training Series On Feb. 14 And Feb. 21

The Interstate Technology Regulatory Council (ITRC) will offer online vapor intrusion training over two sessions on Feb. 14 and Feb. 21, 2023.

The Vapor Intrusion Mitigation training series provides an overview of vapor intrusion mitigation and presents information on how to utilize the ITRC’s Vapor Intrusion Mitigation Interactive Directory. The interactive directory includes up-to-date fact sheets, technology information sheets and checklists. DNR staff participated in the development of both the technical resources and training.

The training consists of a series of eight modules on the topics listed below and will be presented over two, two-hour sessions:

Session 1 – Feb. 14, 2023, noon-2:00 p.m. CST
Topics Include:

  • Introduction and overview of vapor intrusion mitigation training team
  • Conceptual site models for vapor intrusion mitigation
  • Public outreach during vapor intrusion mitigation
  • Rapid response and ventilation for vapor intrusion mitigation
  • Remediation and institutional controls

Session 2 – Feb. 21, 2023, noon-2 p.m. CST
Topics Include:

  • Active mitigation approaches
  • Passive mitigation approaches
  • System verification, OM&M and exit strategies

Environmental professionals are encouraged to register at the CLU-IN Vapor Intrusion Mitigation webpage.

The online sessions will repeat in June 2023. This training is also available on-demand at the CLU-IN Vapor Intrusion Mitigation archive.

RR Sites Map Updates

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.

Now Available– Guidance: Wisconsin Vapor Quick Look-up Table (RR-0136) and Guidance: History of Changes to Vapor Action Levels, Vapor Risk Screening Levels and Attenuation Factors for Common Volatile Organic Compounds in Wisconsin (RR-0137)

Updated publications Guidance: Wisconsin Vapor Quick Look-Up Table Indoor Air Vapor Action Levels and Vapor Risk Screening Levels (RR-0136) and Guidance: History of Changes to Vapor Action Levels (VAL), Vapor Risk Screening Levels (VRSL) and Attenuation Factors (AF) for Common Volatile Organic Compounds (VOC) in Wisconsin (RR-0137) are now posted and available online.

Guidance: Wisconsin Vapor Quick Look-Up Table Indoor Air Vapor Action Levels and Vapor Risk Screening Levels (RR-0136)
RR-0136 lists volatile organic compounds frequently encountered at cleanup sites. The update includes vapor action and screening levels for cis-1,2-dichloroethylene (cis-1,2-DCE) based on updates to the U.S. Environmental Protection Agency (EPA) Regional Screening Levels.

Action and screening levels for cis-1,2-DCE should now be added to summary vapor data tables and exceedances noted. Consultants should compare vapor data for open sites to the updated table for potential additional actions. Vapor data for chemicals not available on RR-0136 should accessed via the U.S. EPA’s Vapor Intrusion Screening Level (VISL) Calculator; instructions on using VISL are included in RR-0136.

Guidance: History of Changes to Vapor Action Levels (VAL), Vapor Risk Screening Levels (VRSL) and Attenuation Factors (AF) for Common Volatile Organic Compounds (VOC) in Wisconsin (RR-0137)
RR-0137 is a quick reference to historical VAL, VRSL and AF values for VOCs, with dates when changes occurred. This document is intended to help users understand the basis for past decisions at sites.

Site-specific questions regarding vapor intrusion in Wisconsin should be directed to the assigned DNR project manager. General questions can be directed to the contacts are listed on the DNR Vapor Intrusion Resources for Environmental Professionals webpage.

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.

 

Now Available: DNR Publication Guidance: Voluntary Party Liability Exemption (RR-0141)

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

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

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

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

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

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.