Current NR 700 Rulemaking Efforts Discontinued

Posted on by Coreen Fallat

The Wisconsin Department of Natural Resources (DNR) today announced it will discontinue current administrative rulemaking efforts related to the investigation and cleanup of hazardous substance discharges to the environment.

Wisconsin Statutes (Wis. Stat.) Ch. 292 directs certain parties to clean up contaminated sites in Wisconsin; Wisconsin Administrative (Wis. Admin.) Code chs. NR 700-799 provide the specific steps and standards for conducting cleanup activities.

In January 2024, two scope statements were approved for rulemaking by the Wisconsin Natural Resources Board. The scope statements were related to continuing obligations (Board Order RR-14-23) and soil cleanup (Board Order RR-15-23). Rulemaking efforts are intended to provide clarification to existing statutes that are helpful to our external partners and customers as they work to investigate and clean up contamination in our state.

The DNR formed the NR 700 Rule Advisory Committee (RAC) to advise DNR staff during development of these proposed rules. Through meetings with the RAC, DNR recognized the need for and importance of taking additional time to conceptualize how best to revise the rules to meet the shared objectives of the DNR and external partners and customers.

The DNR will discontinue efforts on both scope statements and will allow the authority to work on rule revisions to expire. All meetings of the NR 700 Rule Advisory Committee (RAC) are cancelled.

The DNR would like to recognize and thank the RAC and many other members of the public who have provided us with valuable input on both draft rules. Our collaborative work is not lost. The DNR will consider the input we have received, will continue to work with the RR EAG, and will reintroduce scope statements in the future to restart work on the rules.

The DNR will continue to apply its authority under existing statutes and rules to serve our customers as they are accustomed and ensure protection of public health and the environment.

Sign up to receive future chs. NR 700-799 rulemaking updates and meeting announcements.

VMS Active Notification Information Now Available

Posted on by Jodie Thistle

New information focused on use of active notifications including using telemetry systems when monitoring an active vapor mitigation system (VMS) is now available on the vapor intrusion resources for environmental professionals webpage.

Monitoring of an active VMS is important to ensure that the system continues to work as designed. Active notifications (continuous monitoring) may include audible alarms, visual indicators and telemetry.

The webpage is a resource for environmental professionals and provides considerations for selecting the type of systems to install including land use, the type of health risk and the contaminant of concern.

View a recorded presentation for more information about active notifications and telemetry systems; Issues & Trends: Vapor Intrusion Updates 2023 (wisconsin.gov). Information specific to active notification is on slides 12 through 21.

Rule Advisory Committee Meetings Sept. 20, 2024

Posted on by Jodie Thistle

The NR 700 Rule Advisory Committee (RAC) will meet with the Wisconsin Department of Natural Resources (DNR) on Friday, Sept. 20, 2024.

The DNR formed the RAC to advise DNR staff during development of proposed rules. The RAC is comprised of representatives from environmental consulting and law firms, local government groups, industry stakeholders, affected state agencies and environmental advocacy groups. All RAC meetings are open to the public.

Meeting Information
Interested individuals can attend either virtually by Zoom or in-person.

By Zoom:
9 – 11 a.m. – Continuing obligations (RR-14-23)
Register to attend via Zoom

Noon – 2 p.m. Soil standards (RR-15-23)
Register to attend via Zoom

In-person:
State Natural Resources Building (GEF 2)
Room G-09
101 S. Webster St.
Madison, WI

Please check-in at the security desk before taking the elevator.

In-person attendees must register to enter the meeting location. To register, contact MollyE.Schmidt@wisconsin.gov by noon on Sept. 19, 2024.

Visit the DNR’s NR 700 Rule Changes webpage to view meeting agendas, materials and the full Rule Advisory Committee meeting schedule.

About the Rule-making Efforts
On Jan. 24, 2024, the Wisconsin Natural Resources Board granted approval for these rulemaking efforts through the approval of two statements of scope:

  • Scope Statement for Board Order RR-14-23. Proposes developing administrative rules that affect chapters NR 700, 708, 714, 722, 724, 725, 726, 727, and 749 related to definitions, notifications, fees, agreements, reports, and procedures for interim action and remedial action continuing obligations for environmental contamination.
  • Scope Statement for Board Order RR-15-23. Proposes developing administrative rules that affect chapters NR 700, 720, and 722 related to definitions, land use classifications, procedures for identifying environmental standards for soil, and soil cleanup standards used to investigate and remediate environmental contamination.

The statements of scope may be viewed on the DNR’s Administrative Rules webpage.

Subscribe for updates on future Rule Advisory Committee meetings.

DNR Sets Meeting Dates For Remediation And Redevelopment External Advisory Group

Posted on by Jodie Thistle

The Wisconsin Department of Natural Resources (DNR) set dates for the next four quarterly meetings of the Remediation and Redevelopment External Advisory Group (RR EAG). Dates are also scheduled for the RR EAG’s Funding Sustainability, NR 700 and Vapor Intrusion subgroups.

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 considers a broad range of technical and policy topics related to investigation and cleanup of contamination and redevelopment of properties.

Quarterly meetings of the RR EAG will be held virtually from 9 a.m. until noon on the following dates:

  • Oct. 11, 2024
  • Jan. 23, 2025
  • April 23, 2025
  • July 16, 2025

Meetings of the RR EAG’s subgroups will allow virtual and in-person attendance on:

  • Sept. 19, 2024
  • Dec. 5, 2024
  • Feb. 11, 2025
  • May 15, 2025

All meetings of the RR EAG and subgroups are open to the public. Visit the DNR’s RR EAG webpage for registration information, meeting agendas and materials.

Subscribe to receive updates on future meetings.

Karen Campoli Named RR Program Northeast Region Team Supervisor

Posted on by Coreen Fallat

Karen Campoli will take on a management role with the Wisconsin Department of Natural Resources (DNR)’s Remediation and Redevelopment (RR) Program. Campoli recently accepted a new position as the Team Supervisor in the Northeast Region stationed in the Green Bay office. 

Campoli has been with the RR Program for the past four years, most recently as a project manager and member of the Superfund Site Assessment Team. She started in her new role on Monday, Aug. 12, 2024. Prior to the DNR, Campoli worked as an environmental consultant in Chicago. 

She replaces Roxanne Chronert, who took a position as the Policy and Program Operations Director for the RR Program earlier this year. 

Photo of Karen Campoli

Karen Campoli, Team Supervisor in the Northeast Region

New RR Sites Map Released

Posted on by Coreen Fallat

The RR Sites Map is the Wisconsin DNR’s web-based mapping system that provides information about contaminated properties and other activities related to the investigation and cleanup of contaminated soil or groundwater in Wisconsin. The RR Sites Map is part of the DNR’s Wisconsin Remediation and Redevelopment Database (WRRD), an interlinked system tracking information on different contaminated land activities. 

The RR Sites Map is on a new platform with a new look.  

The new version of the RR Sites Map includes the following improvements:  

  • New layers for contaminated sediment locations, including both points and polygons (see “Additional Activity Information”) 
  • A new layer for materials management locations (visit “Other BRRTS Activities”) 
  • A condensed toolbar without tabs, making it easier to find tools and information 
  • The ability to mark the map with measurements or shapes and save the map in a file that can be easily reloaded later 
  • The ability to add data from a map service 

Customers can provide feedback or recommendations for the new platform to the DNR. Feedback will help the DNR make future improvements. Please contact DNRRRBRRTSFEEDBACK@wisconsin.gov with feedback or questions. 

DNR Updates VPLE Oversight And Insurance Fees

Posted on by Coreen Fallat

The Wisconsin Department of Natural Resources (DNR) updated the hourly oversight fee for review of technical documents submitted through the Voluntary Party Liability Exemption (VPLE) program. The DNR must calculate the hourly billing rate each year (Wis. Admin. Code § NR 750.07(2)). The new hourly rate is $125, an increase from the previous rate of $115 per hour. The new rate took effect on July 1, 2024.

The VPLE program supports voluntary parties who conduct an environmental investigation and cleanup of a brownfield property in exchange for an exemption from future environmental liability for historical contamination. 

The DNR also recently made the VPLE insurance fee schedule available on the VPLE webpage. Insurance is required for VPLE sites where natural attenuation is used to restore groundwater quality to meet enforcement standards (Wis. Stat. § 292.15(2)(ae)(3m)). The insurance fees for sites in the VPLE program have not changed and are in effect until May 15, 2027. Insurance coverage is through a policy with Ironshore Specialty Insurance Company. 

Any questions about the insurance requirements should be directed to Michael Prager at 608-261-4927 or Michael.Prager@wisconsin.gov. 

Now Available: Publication Wisconsin Vapor Quick Look-Up Table Indoor Air Vapor Action Levels And Vapor Risk Screening Levels (RR-0136)

Posted on by Coreen Fallat

The publication Guidance: Wisconsin Vapor Quick Look-Up Table Indoor Air Vapor Action Levels and Vapor Risk Screening Levels (RR-0136) is now updated and available on the DNR website. There were no changes to the Vapor Action Levels (VALs) or Vapor Risk Screening Levels (VRSLs) for the compounds listed. 

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 list volatile organic compounds frequently encountered at cleanup sites in Wisconsin. Consultants should compare vapor data for open sites to the updated table for potential additional actions. Vapor data for chemicals not listed on RR-0136 should accessed via the U.S. Environmental Protection Agency Vapor Intrusion Screening Level (VISL) Calculator; instructions on using VISL are included in RR-0136.   

Questions regarding this document may be submitted to Jennifer Borski at Jennifer.Borski@wisconsin.gov.

DNR To Hold RR External Advisory Group Meeting

Posted on by Coreen Fallat

The Wisconsin Department of Natural Resources (DNR) will host a Remediation and Redevelopment External Advisory Group (RR EAG) meeting on Thursday, July 25, 2024.  

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 meetings are open to the public.  

Where:
Milwaukee DNR Service Center 
Harbor Room 
1027 W. St. Paul Ave., Milwaukee, WI 53233 

Please check in at the security desk. 

When:
July 25, 2024
9 a.m. to noon 

Register to attend via Zoom. 

In-person attendees should RSVP to CoreenR.Fallat@wisconsin.gov by noon on Wednesday, July 24, 2024. 

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

NR 700 Reporting Due July 31, 2024

Posted on by Coreen Fallat

Semi-annual reporting for the period of Jan. 1 to June 30, 2024, is due by July 31, 2024. Semi-annual reporting is required of responsible parties (RPs) 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 RPs. 

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 July 2024. If you do not receive an email by July 7, 2024, 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 NR 700. Property owners, such as local governments that have an exemption under Wis. Stats. §§ 292.11(9)(e) or 292.23, and lenders that have an exemption under Wis. Stats. § 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 July 1, 2024, to Dec. 31, 2024.