DHS Publishes “TCE in the Workplace” Fact Sheet

When environmental contamination presents potential human health risks, the Wisconsin Department of Natural resources (DNR) works closely with the Wisconsin Department of Health Services (DHS) and local health departments.

In February 2022, DHS published TCE in the Workplace, a fact sheet on health concerns associated with trichloroethylene (TCE) in various work environments. TCE in the Workplace helps workers understand the health risks where TCE is being used in a facility and may be helpful during vapor intrusion investigations. It is available in English, Spanish and Hmong.

The fact sheet includes suggestions to keep workers safe, as well as workplace guidelines for exposure limits by the National Institute for Occupational Safety and Health (NIOSH), the Occupational Safety and Health Association (OSHA), the American Conference of Governmental Industrial Hygienists (ACGIH) and the DNR.

The DHS fact sheet TCE in the Air is also available to assist with communicating the health risks of TCE in situations when contamination has the potential to cause vapor intrusion in nearby structures (e.g., residences, day cares). Since publication, the DNR, DHS and environmental consultants have been providing TCE in the Air to off-site property owners to educate them about the health risks associated with TCE while working to gain access, perform vapor intrusion investigations and install mitigation systems. TCE in the Air is available in English and Spanish.

Links to the fact sheets are available under the “Health” tabs on the DNR’s Vapor Intrusion Resources for Environmental Professionals and Vapor Intrusion webpages.

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 listed on the DNR’s Vapor Intrusion Resources for Environmental Professionals webpage.

RR Program Seeks Mechanical/Remediation Engineer

The Remediation and Redevelopment (RR) Program is recruiting a Mechanical/Remediation Engineer.

This position may be located in the DNR’s Madison, Rhinelander, Antigo, Green Bay, Baldwin or Milwaukee office. Other DNR locations may possible based on space availability and managerial approval. The deadline to apply is June 29, 2022.

This position will be responsible for providing site-specific, engineering evaluations and project reviews for remediation sites throughout Wisconsin. Work will include providing mechanical engineering and project management services relating to the design, construction, operation, and maintenance of vapor intrusion systems, and management of other environmental systems associated with methane, air deposition, utility gas migration, and remedial excavations. This position will also provide assistance to regional staff, local government units, lenders, owners, and potential purchasers of brownfield properties for regulatory compliance with the applicable federal and state laws. The work will include troubleshooting and evaluation services, as well as optimizing support for vapor mitigation systems, including vapor control by HVAC systems, ventilation of underground parking structures, sewer gas migration, and new construction requirements.

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

RR Program Seeks State Projects Coordinator

The Remediation and Redevelopment (RR) Program is recruiting a State Projects Coordinator.

This position may be located in the DNR’s Madison, Green Bay, Milwaukee, Rhinelander, Oshkosh or Waukesha office. Other DNR locations may possible based on space availability and managerial approval. The deadline to apply is June 29, 2022.

The State Projects Coordinator provides programmatic expertise and technical oversight for investigation and remediation of complex contamination sites, providing direction for state directed response sites across Wisconsin. The position will serve as the statewide coordinator and project manager for a majority of the state funded response remediation projects, responsible for scope development, procurement, oversight of contractors, review of technical documents, and budget oversight. This position will also provide support to regional staff with scoping, budgeting, coordination and oversight of regional state lead sites. This position reports to the State and Federal Programs Section Chief and is expected to participate in applicable regional review meetings and adhere to regional approval and tracking processes.

A full position description, including necessary qualifications, is available online at the Wisc.jobs website (Job ID number 6458).

Update on Lawsuit RE: Regulation of PFAS Under Spills Law

On April 12, 2022, Waukesha County Circuit Court Judge Bohren issued a decision regarding the DNR’s authority to regulate “emerging contaminants” (including PFAS compounds) as hazardous substances under the Spills Law. The DNR has appealed the decision.

On June 7, 2022, Judge Bohren granted the DNR’s request for a stay of his decision for the duration of the appeal process. The stay allows the department to continue under the Spills Law to work with responsible parties whose sites are contaminated by PFAS. The stay also means that Wisconsinites with private wells contaminated with PFAS who are currently receiving emergency bottled water may continue to receive a source of safe drinking water while the department appeals the order.

Given that the case remains pending in litigation, the DNR has no further comment.

Issues & Trends Webinar on June 16, 2022: Spring/Summer 2022 – Program Updates

The Remediation and Redevelopment (RR) Program reminds you that the next webinar in the Issues & Trends series will take place on June 16, 2022, from 12:00 p.m. to 1:00 p.m.

The scheduled presentation is Spring/Summer 2022 – Program Updates.

This webinar will introduce new and revised program guidance, as well as the newly established Remediation and Redevelopment External Advisory Group.

A Zoom web conferencing registration link, along with a schedule of future Issues & Trends webinars, may be found on the RR Program’s Conferences and Training webpage.

Recordings of previous Issues & Trends webinars can be found in the RR Program’s Training Library.

Interstate Technology Regulatory Council Comprehensive Vapor Intrusion Mitigation Training June 2 and 14

The Interstate Technology Regulatory Council (ITRC) will offer online, comprehensive vapor intrusion training based on recent, technical guidance from the national group.

The upcoming live webinars will cover the purpose and use of the Dec. 2020 comprehensive web-based series of technical resources for Vapor Intrusion Mitigation.

Staff from the DNR’s Remediation and Redevelopment Program participated in the development of both the technical resources and training.

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

  • Thursday, June 2, 2022 (noon to 2 p.m. CST)
  • Tuesday, June 14, 2022 (noon to 2 p.m. CST)

Environmental professionals are encouraged to register and participate.

A link to the ITRC’s web-based document is posted on the DNR’s Vapor Intrusion Resources for Environmental Professionals website under the “Guidance and Forms” tab. This document includes an interactive directory that includes 10 fact sheets, 16 technology information sheets, and four checklists, covering the following topics specific to vapor intrusion mitigation:

  • Conceptual site model
  • Public outreach
  • Rapid response and ventilation (for acute risk)
  • Active mitigation
  • Passive mitigation
  • Remediation and institutional controls
  • Design considerations
  • Post installation considerations
  • Operation, maintenance and monitoring/exit strategy
  • Emerging technology

While the documents are designed to assist state regulators, they also serve to raise awareness with environmental consultants and other industry professionals.

The online sessions will be repeated on Nov. 3 and 15, 2022. If watching the training through on-demand video playback is preferred, you can find the same vapor intrusion trainings here.

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 listed on the DNR’s Vapor Intrusion Resources for Environmental Professionals website.

Now Available: Publication RR-502, Selecting an Environmental Consultant

Following a public comment period and consideration of the comments received, the publication RR-502, Selecting an Environmental Consultant, is now posted and available online.

The document can be found here. Additional documents and guidance from the Remediation and Redevelopment Program can be identified using the search tools available on the publications and forms webpage.

The purpose of the guidance is to help responsible parties, local governments, developers, and others understand the key role that environmental consultants play in the assessment, investigation, and cleanup of contaminated properties in Wisconsin, and help these parties identify qualified consultants for their projects.

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

Now Available: Publication RR-060, Guidance For Management Of Contaminated Soil And Other Solid Wastes – Wis. Admin. Code §§ NR 718.12 and NR 718.15

Following a public comment period and consideration of the comments received, the publication RR-060, Guidance for Management of Contaminated Soil and Other Solid Wastes – Wis. Admin. Code §§ NR 718.12 and NR 718.15, is now posted and available online.

For this document, a sentence that referred to management of asbestos-containing materials on page 2 was removed. In addition, the NR 718 Approval and Process Options approval process for immediate actions involving contaminated soil was modified for clarification (page 5), and the locational requirements (page 12) were updated to include the requirement that a responsible party may not place or replace contaminated soil where it poses a threat to public health, safety, or welfare or the environment.

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.

This guidance is intended for use by responsible parties when excavating contaminated soil and other solid waste that may not warrant disposal at an operating, licensed landfill. This guidance describes several approvals that may be available in such situations.

Questions regarding this document may be submitted to Paul Grittner at Paul.Grittner@wisconsin.gov.

Now Available: Publication RR-0128, Green Team Assistance for Contaminated Properties

The publication RR-0128, Green Team Assistance for Contaminated Properties, 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 about DNR’s Green Team meetings, which are an effective and efficient way for local governments to evaluate options, plan for and work through a brownfield project.

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

Public Input Opportunity – Publications RR-502, Guidance: Selecting A Qualified Environmental Consultant And Form 4400-328, Cover Page – Transfer Of Responsibility For Continuing Obligations

The Remediation and Redevelopment (RR) Program is now seeking input on two publications: RR-502, Guidance: Selecting a Qualified Environmental Consultant and Form 4400-328, Cover Page – Transfer of Responsibility for Continuing Obligations.

RR-502

The purpose of RR-502 is to help responsible parties and others understand how to select a qualified environmental consultant to investigate and clean up soil, groundwater, sediment and other contaminated environmental media per Wisconsin Statute chapter (Wis. Stat. ch.) 292 and Wisconsin Administrative (Wis. Admin.) Code chs. NR 700-799. Hiring a qualified environmental consultant is needed to investigate and remediate your property in accordance with local, state and federal rules.

The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through April 6, 2022 to Barry Ashenfelter at Barry.Ashenfelter@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

Form 4400-328

Form 4400-328 is a cover sheet template for submittal of legally enforceable agreements between parties transferring responsibility of continuing obligations under Wis. Stat. § 292.12(5)(c) or 292.12(5m)(am).

The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through April 6, 2022 to Jenna Soyer at Jenna.Soyer@wisconsin.gov or DNRRRGuidance@wisconsin.gov.