Public Input Opportunity – Case Closure Reconsideration Process

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The RR Program seeks your input on a revised, draft publication entitled “Wis. Admin. Code ch. NR 726 Case Closure Reconsideration Process (RR-102)”.

The purpose of this document is to provide responsible parties (RPs) with guidance on the opportunities available to engage the department to receive feedback on the adequacy of the Wis. Admin. Code chs. NR 700-754 response actions undertaken and submitted by the RP to document case closure. This guidance presents the process and feedback opportunities available if case closure is not recommended by the department. This general process is referred to as the case closure reconsideration process.

The document can be reviewed at http://dnr.wi.gov/news/input/guidance.html and comments can be submitted through June 5, 2018 to the Brownfields and Outreach Section Chief, Christine Haag at Christine.Haag@wisconsin.gov.

Reminder: Please Use New PECFA Mailing Address

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On June 30, 2018, the Remediation and Redevelopment (RR) Program will stop using P.O. Box 8044 for all submittals related to the Petroleum Environmental Cleanup Fund Award (PECFA) program. At that time, all RR Program mail will consolidate all incoming mail into the current program-wide mailbox below:

Wisconsin DNR – RR/5
P.O. Box 7921
Madison, WI 53707-7921

Please begin using the above mailing address for all PECFA claim submittals. Reminders will be sent throughout the fiscal year. The new address is stated on all PECFA forms.

Public Input Opportunity: Variances to the Usual and Customary Standardized Invoice for PECFA Projects

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The Remediation and Redevelopment (RR) Program seeks your input on guidance regarding variances to the Usual & Customary (U&C) Standardized Invoice for Petroleum Environmental Cleanup Fund Award (PECFA) Program projects.

The guidance addresses a limited number of PECFA-eligible activities, based on their common occurrence, in order to ensure consistency in approving cost reimbursement where no standard rate exists.

Comments are due by May 23, 2018, and may be directed to Jenna.Soyer@wisconsin.gov.

Snapshot: April PECFA Financials

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The Remediation and Redevelopment Program provides a monthly update on the status of PECFA claims and the overall budget of the Petroleum Environmental Cleanup Fund Award (PECFA) award program.

 

Below are the updated PECFA claim numbers for April 2018.

  Number Value
Claims Received 110 $585,706
Claims Paid 82 $453,113
Claims in audit line (as of April 30) 47 $167,922
Total Paid FY18   $4,976,209

DNR, Wisconsin Communities Receive $2.9M in EPA Brownfields Awards for FY2018

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The Wisconsin Department of Natural Resources’ Remediation and Redevelopment Program – along with its seven regional planning commission partners – is the recipient of a $600,000 US EPA Brownfields Grant.

The Wisconsin Brownfields Coalition will use this money to continue the Wisconsin Assessment Monies (WAM) program which provides funding to aid local governments and other eligible applicants in assessing and investigating environmental contamination at brownfields sites throughout the state. The coalition will target closed and closing manufacturing facilities to assess potential environmental contamination that could complicate reuse of the properties.

In addition to the Wisconsin DNR’s award, several other Wisconsin communities and entities were awarded US EPA Brownfields Grants:

  • Stevens Point – $300,000
  • Redevelopment Authority of the City of Milwaukee – $900,000
  • Racine – $300,000
  • Manitowoc – $300,000
  • Manitowoc Community Development Authority – $200,000
  • Bay-Lake Regional Planning Commission – $300,000

“Clearly there is no shortage of creativity, innovation and ingenuity when it comes to brownfields redevelopment projects in the great State of Wisconsin,” said EPA Region 5 Administrator and former Wisconsin DNR Secretary Cathy Stepp. “EPA looks forward to expanding our work with our partners to redevelop brownfields so they can once again be thriving parts of their communities – spurring local economies with jobs and new businesses as well as generating tax revenues and spending.”

A full version of the US EPA press release can be found here.

TAB Program to Host May 9 Webinar on BUILD Act

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The BUILD Act (Brownfields Utilization, Investment and Local Development) was signed into law in March 2018 and is the first major legislative change to Brownfields since passage of the original statute in 2002. Specific changes include: increased eligibility for funding, additional liability protections, and changes to grant programs, just to name a few.

Join Kansas State University Technical Assistance to Brownfields Program for a free, National TAB webinar, on Wednesday, May 9 at 1:00 pm (Central), to hear about how the BUILD Act will improve the national brownfields program and support community brownfields revitalization. The webinar will feature officials from U.S. EPA, a local community, national brownfield experts, and the coordinator of the National Brownfields Coalition. Click here to register and visit the event web page to get more information about this May 9 BUILD Act webinar.

Material Management Activity Type Now Available in BRRTS

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A new tracking code entitled, Material Management (MM), has been created within the Bureau of Remediation and Redevelopment Tracking System (BRRTS) to identify sites and facilities that have accepted contaminated soil or other solid waste with an exemption from certain solid waste program requirements through Wis. Admin. Code §§ NR 718.12 or NR 718.15.

BRRTS numbers assigned to the MM activities codes will have a ‘15’- prefix.  Only the main actions (e.g., an interim or remedial actions) and continuing obligations (e.g., engineering control for direct contact threats) directly related to the material management activity will be tracked as an MM activity on the receiving site or facility.  All interim or remedial actions involving Wis. Admin. Code ch. NR 718 materials management will be concurrently tracked at the ERP or LUST source property where the contaminated material was excavated.  The exception would be for continuing obligations imposed on the site or facility receiving the material.

The MM tracking code was created to allow the public to use BRRTS on the Web (BOTW) to clearly identify sites or facilities where contaminated soil and other solid waste was received and how it is being managed.  For actions approved by DNR in April 2018 and forward, BOTW can be used to search for sites and facilities where a Wis. Admin. Code §§ NR 718.12/718.15 exemption was granted.  Only actions directly related to Wis. Admin. Code §§ NR 718.12 and 718.15 materials management will be listed in each MM activity, allowing users to efficiently obtain information specifically related to these activities.

An MM activity will be opened for sites and facilities where a Wis. Admin. Code §§ NR 718.12 or NR 718.15 exemption was granted after March 29, 2018.    At this time, the DNR does not intend to retroactively create MM activities at sites or facilities where Wis. Admin. Code §§ NR 718.12 or NR 718.15 exemptions were previously granted due to workload challenges.

Any questions regarding this process may be addressed to Paul Grittner at (608) 266-0941 or paul.grittner@wisconsin.gov.

Public Input Opportunity – Soil Management Guidance for Cleanups

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The RR Program seeks your input on a revised, draft publication entitled “Clean Soil Management: A Self-Implementing Option for Soil Excavated During a Response Action under Wis. Admin. Code §§ NR 700 through NR 750” (RR-103). This draft guidance was revised based on comments received from the public. This revision is much narrower in scope than the last version that was sent out for public comment.  This guidance is different than, but related to, the NR 718 contaminated soil guidance.

In particular, this guidance is intended solely for use by responsible parties (RPs) who are managing soil excavated as part of a response action pursuant to Wis. Stats. ch. 292 and Wis. Admin. Code chs. NR 700 – 754.

The guidance does not apply to soil excavated as part of a construction project, utility project or transportation project.  However, if those projects also involve an NR 700 response action, this guidance only applies to the soil excavated as a direct result of the response action.

This draft guidance provides an optional approach for responsible parties and their environmental consultants to use when soil is characterized and excavated as part of a response action (i.e., cleanup action), and the soil does not need to be managed at a licensed solid waste facility or through a site-specific exemption in Wis. Admin. Code chs. NR 718 or the NR 500 rule series. This document provides responsible parties (RPs) more clarity on what types of substances – if identified in soil – could generally be managed as “clean soil” in accordance with state law without the department’s pre-approval or tracking.  However, the person placing or accepting the soil would need to comply with limited locational criteria. The department believes that providing this guidance will help responsible parties and their environmental consultants to save money, and make more timely and consistent decisions on how to manage this type of excavated soil during a Wis. Admin. Code ch. NR 700 cleanup action.

The document can be reviewed at http://dnr.wi.gov/news/input/guidance.html and comments can be submitted through May 13, 2018 to the Brownfields and Outreach Section Chief, Christine Haag at Christine.Haag@wisconsin.gov. In addition, the RR Program will host a question and answer session on this guidance scheduled for April 20, 2018, at 10:30 a.m. Meeting logistics and agenda can be found on the DNR’s public meetings calendar (dnr.wi.gov search “public meetings”).  Externals are encouraged to provide written comments, as formal note taking will not capture comments during the listening session. Please note: Attendees must check-in at the visitors desk on the first floor. A conference call number is also available. Please RSVP to Christine Haag (christine.haag@wisconsin.gov) if planning to attend.

REMINDER: Avoid Case Closure Problems; Use Latest Version of Closure Form

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The Remediation and Redevelopment Program asks consultants to use the most recent version of the Case Closure Request Form (4400-202), updated in August 2016, which can be found on the Program’s Environmental Professionals web page. Use of this form to request case closure is required by Wis. Admin. Code § NR 726.09(1)

Accessing the form via the link on the web page ensures that you are using the most up-to-date version, which in turn assists with meeting the requirements for an “administratively complete” submittal.