Wisconsin DNR Update on WMC and Leather Rich, Inc. v. DNR

Posted on by Jodie Thistle

On March 6, 2024, Dist. II Court of Appeals  issued an opinion in WMC and Leather Rich, Inc. v. DNR, affirming a circuit court ruling regarding DNR’s authority to regulate “emerging contaminants” (including PFAS compounds) as hazardous substances under the Spills Law. The department will be petitioning for review by the Wisconsin Supreme Court.

The court’s decision is stayed until the conclusion of all appeals. 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.

ITRC Comprehensive Vapor Intrusion Mitigation Training March 14 and 28

Posted on by Jodie Thistle

The Interstate Technology Regulatory Council (ITRC) will offer online vapor intrusion training over two sessions on March 14 and March 28, 2024.

Environmental professionals are encouraged to register at the CLU-IN Vapor Intrusion Mitigation webpage. While the documents are designed to assist state regulators, they also raise awareness with environmental consultants and other industry professionals.

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 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 – March 14, 2024, noon to 2 p.m.
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 – March 28, 2024, noon to 2 p.m.
Topics Include:

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

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

Roxanne Chronert Named RR Policy And Program Operations Director

Posted on by Jodie Thistle

Roxanne ChronertRoxanne Chronert will take on a new management role with the Wisconsin Department of Natural Resources (DNR)’s Remediation and Redevelopment Program.

Chronert recently accepted a new position as the Policy and Program Operations Director for the Remediation and Redevelopment Program and will be stationed in the Green Bay office.

Chronert joined the RR Program in 1994 as a limited-term employee and has served as the Northeast Region Team Supervisor for the last 12 years.

She replaces Jenna Soyer, who took a new position in the DNR’s Fish, Wildlife and Parks Division last fall. Chronert will begin her new role on Feb. 11, 2024.

Rule Advisory Committee Meetings Feb. 23, 2024

Posted on by Jodie Thistle

The NR 700 Rule Advisory Committee will meet with the Wisconsin Department of Natural Resources (DNR) on Friday, Feb. 23, 2024.

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

Where:
State Natural Resources Building (GEF 2)
Rm G09
101 S. Webster St.
Madison, WI

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

In-person attendees should RSVP to Molly Schmidt at MollyE.Schmidt@wisconsin.gov by noon on Thursday, Feb. 22, 2024.

When:

Visit the DNR’s NR 700 Rule Changes webpage to register and view meeting agendas, materials and the full Rule Advisory Committee meeting schedule. Subscribe for updates on future Rule Advisory Committee meetings.

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.

DNR To Hold RR External Advisory Group Subgroup Meetings

Posted on by Jodie Thistle

The Wisconsin Department of Natural Resources (DNR) will host Remediation and Redevelopment External Advisory Group (RR EAG) subgroup meetings on Wednesday, Feb. 28, 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 subgroup meetings are open to the public.

Where:

State Natural Resources Building (GEF 2)
Rm 513
101 S. Webster St.
Madison, WI

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

In-person attendees should RSVP to Jodie.Thistle@wisconsin.gov by noon on Tuesday, Feb. 27, 2024.

When:

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

U.S. EPA’s Updated Soil Lead Guidance For CERCLA Sites And RCRA Corrective Action Facilities

Posted on by Jodie Thistle

On Jan. 17, 2024, the U.S. EPA updated its residential lead screening levels for soil. The updated guidance is a culmination of a years-long effort to strengthen the investigation and cleanup of lead-contaminated soil to protect children from lead exposure. The updated guidance lowers the recommended lead screening levels for direct contact with soil from 400 milligrams per kilogram (mg/kg or parts per million) to 200 mg/kg for residential settings and recommends application of 100 mg/kg if additional sources of lead exposure are present (e.g., lead in drinking water, lead paint, etc.). No changes to industrial lead levels are proposed.

The DNR is reviewing the U.S. EPA’s guidance and consulting with the Wisconsin Department of Health Services to determine how it may apply in Wisconsin. The DNR expects to have more information soon.

The new guidance is intended to apply to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) sites immediately, and the U.S. EPA is currently working on an implementation plan. If you have specific questions about the application of the guidance to RCRA and CERCLA sites, please reach out to the following DNR contacts:

Issues & Trends Webinar On Jan. 31, 2024: When Should A Site Investigation Enter Surface Water

Posted on by Jodie Thistle

The Remediation and Redevelopment (RR) Program’s next webinar in the Issues & Trends series will take place on Wednesday, Jan. 31, 2024, from noon-1 p.m.

The scheduled presentation is titled When Should a Site Investigation Enter Surface Water and will be followed by time for questions. Site investigation scoping is the first step to developing a site investigation work plan. This webinar will highlight what information to evaluate at sediment sites during site investigation scoping. It will also cover potential pathways for contamination to enter surface water.

A Zoom web conferencing registration link may be found on the RR Program’s Conferences and Training webpage.

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

NR 700 Reporting Due Jan. 30, 2024

Posted on by Christine Sieger

Semi-annual reporting for the period of July 1, 2023, to Dec. 31, 2023, is due by Jan. 30, 2024. 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 sent an email with a unique Report Identification (ID) number to contacts of sites listed in the database during early Dec. 2023. If you do not receive an email by Dec. 30, 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 Wisconsin Statutes §§ 292.11(9)(e) or 292.23 and lenders that have an exemption under Wisconsin Statute § 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, 2024, to June 30, 2024.

DNR To Hold RR External Advisory Group Meeting

Posted on by Christine Sieger

The Wisconsin Department of Natural Resources (DNR) will host a Remediation and Redevelopment External Advisory Group (RR EAG) meeting on Thursday, Jan. 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 subgroup meetings are open to the public.

Where:

State Natural Resources Building (GEF 2)

Rm G-09

101 S. Webster St., Madison, WI

Check in with the security desk before going to conference room.

When:

1 – 4 p.m.

In-person attendees should RSVP to Jodie.Thistle@wiconsin.gov by noon on Wednesday, Jan. 24, 2024.

Register to attend via Zoom [exit DNR].

 

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

Preliminary Public Hearing On Statements Of Scope

Posted on by Christine Sieger

The Wisconsin Department of Natural Resources (DNR) Remediation and Redevelopment (RR) Program will hold a preliminary public hearing on two statements of scope.

The statements of scope are subject to the approval of the Natural Resources Board. If approved, the statements of scope would allow the DNR to begin drafting administrative rule revisions affecting Wisconsin Administrative Code chapters NR 700-799.

  • Scope Statement for Board Order RR-14-23 (Continuing Obligations) – 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 (Soil Standards) – 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 under the “RR – Remediation and Redevelopment” row.

HEARING DETAILS
What: RR Program Preliminary Public Hearing on two Statements of Scope
When: Dec. 21, 2023, at 1 p.m.
Where: Online; To register and attend via Zoom, please view the Notice of Preliminary Hearing on Statement of Scope on the DNR’s Administrative Rules webpage for instructions.

The public has the opportunity to testify at the hearing. Comments on the proposed scope statements must be received on or before Dec. 21, 2023. Email written comments to DNRAdministrativeRulesComments@wisconsin.gov.