Cleanup

Now Available – Two Publications: Guidance: Contaminated Soil Quick Reference Table (RR-106) And Guidance: Soil Residual Contaminant Level (RCL) Spreadsheet (RR-0151)

Posted on by Coreen Fallat

Following a public comment period two publications are now posted and available online at the RR Program’s Contaminated Soil and Sediment  webpage: 

  • Guidance: Contaminated Soil Quick Reference Table (RR-106) 
  • Guidance: Soil Residual Contaminant Level (RCL) Spreadsheet (RR-0151) 

The purpose of the publications is to provide resources for externals to look up soil residual contaminant levels, or RCLs, that are developed using standard equations in the U.S. Environmental Protection Agency (EPA) Regional Screening Level (RSL) Calculator. 

The DNR updated the publications in response to the U.S. EPA’s May 2024 update to its RSLs. Screening levels for 18 contaminants changed since the last update to the DNR’s publications in 2018. Ten common contaminants were added to the Soil RCL Spreadsheet and it also incorporates a cumulative risk calculator for carcinogenic polycyclic aromatic hydrocarbons (cPAHs).

Questions on the publications may be submitted to Erin Endsley at Erin.Endsley@wisconsin.gov.

Additional documents and guidance from the Remediation and Redevelopment Program may be found using the search tools available on the publications and forms webpage.    

Redevelopment Of Brownfield Properties: Learning Sessions For Local Governments: Assistance Available For Reuse Of Underused And Abandoned Properties

Posted on by Coreen Fallat

The Wisconsin Department of Natural Resources (DNR) will host learning sessions for local governments on redevelopment of underused and abandoned properties, otherwise known as brownfields, on Nov. 12 in Whitewater, Nov. 15 in Dodgeville and Nov. 20 in Shawano. The sessions are free to attend and the same content will be covered in each location.

A brownfield is a property where real or perceived contamination complicates expansion, redevelopment or reuse. Brownfields may be found in many locations throughout the state and vary in size, age and past use.

The in-person sessions will share information about resources available to support local governments in redevelopment of properties into community assets. Participants will learn how to identify brownfield sites in their community and understand the liability considerations and due diligence recommended when acquiring brownfield properties. Highlights of the sessions include an overview of funding and other assistance available to support redevelopment efforts.

“I didn’t know what a brownfield was until the day before the event,” states Lisa Lien, clerk for the village of Clayton said after attending an event hosted by the DNR in Spooner in April 2024. “I learned a ton during the seminar and now have a great understanding of brownfield redevelopment.”

The learning sessions will also offer an opportunity for local governments to connect one-on-one with representatives from the DNR and Wisconsin Economic Development Corporation (WEDC) and ask questions about brownfield properties and redevelopment.

Session Information

Redevelopment from downtown brownfield into a fire station in the city of Amery

Redevelopment from downtown brownfield into a fire station in the city of Amery

Nov. 12, 2024
The Innovation Center
1221 Innovation Dr.
Whitewater
Time: 10 a.m. – noon

Nov. 15, 2024
Community Room
Iowa County Health & Human Services Bldg
303 W Chapel St.
Dodgeville
Time: 11:15 a.m. – 1:15 p.m.

Nov. 20, 2024
Community Room, City Hall
127 S Sawyer St.
Shawano
Time: 10 a.m. – noon

Local government officials interested in learning more about brownfield redevelopment in Wisconsin are encouraged to attend. To register for one of the sessions, contact Thomas.Coogan@wisconsin.gov by Nov. 7, 2024.

More information about DNR’s brownfield cleanup programs and services is available on the DNR’s brownfields webpage. The page provides access to a webinar series titled “Brownfields Fundamentals” for on-demand information on brownfield redevelopment topics.

DNR staff around the state are available to meet with community leaders, bankers, developers and private individuals to discuss brownfield projects. Reach out to schedule a Green Team meeting.

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:

Now Available: U.S. EPA FY 2024 Brownfields Grant Guidelines & Wisconsin State Acknowledgement Letters

Posted on by Christine Sieger

The U.S. Environmental Protection Agency (U.S. EPA) is now accepting applications for FY24 Brownfields Multipurpose, Assessment and Cleanup Grants. The deadline for applications is Nov. 13, 2023.

Visit the U.S. EPA’s FY24 Brownfields MARC Application Resource webpage for grant information, requirements and other valuable resources such as:

  • A new resource for state/tribal environmental authorities: FY 2024 Cleanup Grant sample site characterization letter template
  • Pre-recorded videos to provide an overview of the FY24 grants submission
  • Dates and links to webinars on grant ranking criteria
  • Tips and ideas for grant proposals

Grants offered by the U.S. EPA Brownfields Program can be used on various brownfield activities, with an opportunity to transform contaminated sites into community assets that attract jobs and achieve broader economic development outcomes.

Wisconsin State Acknowledgement Letters
If your community or organization intends to apply for an FY24 MAC Grant, the EPA requires grant applicants – except tribal entities – to obtain a state acknowledgement letter from the DNR. The letter acknowledges that the state is aware of the community or organization’s application for a federal grant and intent to conduct brownfield assessment or cleanup activities.

Request a DNR Acknowledgement Letter by Oct. 25, 2023. Send written requests for state acknowledgement letters to Molly Schmidt at MollyE.Schmidt@Wisconsin.gov no later than Oct. 25, 2023, to allow adequate time to draft and receive the letter prior to the EPA’s application deadline of Nov. 13, 2023. More information state acknowledgement letter requirements are available on the DNR Federal Brownfields Grants webpage under “DNR acknowledgement letter.”

Brownfields Fundamentals On-Demand Webinars
Interested in learning how cleaning up brownfields can help your community? The DNR’s series of on-demand Brownfields Fundamentals webinars cover brownfields planning, cleanup, liability and other topics as part of a well-rounded crash course in Wisconsin brownfields redevelopment. Topics include:

Brownfields Fundamentals on-demand webinars are available on the RR Program’s Presentations and Trainings webpage.

Now Available: Guidance on Addressing Contaminated Sediment Sites in Wisconsin (RR-0124)

Posted on by Jodie Thistle

Following a public comment period, the publication Guidance on Addressing Contaminated Sediment Sites in Wisconsin (RR-0124) 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 this guidance is to outline approaches for investigating and remediating hazardous substances discharges that impact sediment to comply with the requirements in Wisconsin Statutes (Wis. Stat.) ch. 292 and the applicable provisions of Wisconsin Administrative (Wis. Admin.) Code chs. NR 700-799. This guidance explains the steps recommended for assessment of contaminated sediment, evaluation of remedial options and the selection, design, implementation and monitoring of remedial actions. This guidance will clarify closure requirements at sites with contaminated sediments, including continuing obligations, long term stewardship and financial assurance.

Questions regarding this document may be submitted to Carrie Webb at CarrieA.Webb@wisconsin.gov.

NR 700 Reporting Due July 30, 2023

Posted on by Christine Sieger

Semi-annual reporting for the period of Jan. 1, 2023, to June 30, 2023, is due by July 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 sent an email with a unique Report Identification (ID) number to contacts of sites listed in the database during early January 2023. If you do not receive an email by June 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 July 1, 2023, to Dec. 31, 2023.

NEW EPA Resources For All Appropriate Inquiries (AAI)

Posted on by Christine Sieger

In Feb. 2023, the U.S. Environmental Protection Agency (U.S. EPA) published a final rule to amend the EPA’s Standards and Practices for All Appropriate Inquiries (AAI). 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 EPA recently published several new resources that address the new ASTM standard for Phase I Environmental Site Assessments (E1527-21):

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 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.

Issues & Trends Webinar on April 12, 2023: Ready For Reuse Revolving Loan Funds Program

Posted on by Christine Sieger

The Remediation and Redevelopment (RR) Program’s next webinar in the Issues & Trends series will take place on Wednesday, April 12, 2023, from noon-1 p.m.

The scheduled presentation is the Ready for Reuse (RFR) Revolving Loan Funds Program.

The webinar will focus on the variety of ways to use RFR during the post-closure and redevelopment stage, as well as during the cleanup process. A question-and-answer session will follow the presentation.

RFR loans are used for environmental cleanup of hazardous substances or petroleum at brownfields throughout Wisconsin. Learn more about RFR on the RR Program Wisconsin Ready For Reuse webpage.

Interested in learning what funding resources exist for cleaning up brownfields in your community? Watch this short overview on RR Program funding resources [00:04:58].

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.

EPA Adopts New ASTM Standard For Phase I Environmental Site Assessments

Posted on by Jodie Thistle

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.

State Acknowledgement Letter for EPA Grants: State Deadline & New EPA Requirement

Posted on by Jodie Thistle

The U.S. Environmental Protection Agency (EPA) is now accepting applications for FY23 Brownfields Multipurpose, Assessment, Revolving Loan Fund (RLF) & Cleanup (MARC) Grants. The deadline for applications is Nov. 22, 2022.

If your community or organization intends to apply for an FY23 MARC Grant, the EPA requires grant applicants – except tribal entities – to obtain a state acknowledgement letter from the Wisconsin Department of Natural Resources (DNR). The letter acknowledges that the state is aware of the community or organization’s application for a federal grant and intent to conduct brownfield assessment or cleanup activities.

New EPA Requirement for Cleanup Grants. A new EPA requirement for cleanup grant applicants affects the state acknowledgment letter for cleanup grants. Cleanup grant applicants must demonstrate that a proposed property was sufficiently characterized and is ready for the cleanup to begin (or will be ready to begin by June 15, 2023). For any requested state acknowledgement letters for cleanup grants, the DNR may describe:

  • The general status of a property in the state’s contaminated site cleanup process
  • The enrollment eligibility of the property in the voluntary party liability exemption program
  • The specific site characterization and remediation status of the property, as listed in BRRTS, as well as the status of submittals and any requested DNR technical reviews

Request a DNR Acknowledgement Letter by Nov. 4, 2022. Send written requests for state acknowledgement letters to Molly Schmidt at MollyE.Schmidt@Wisconsin.gov no later than Nov. 4, 2022, to allow adequate time to draft and receive the letter prior to the EPA’s application deadline of Nov. 22, 2022.

  • For all grants, include the following information:
    • Type of grant being applied for: multipurpose, assessment, cleanup or revolving loan fund
    • The name, title and mailing address of the person to whom the letter should be addressed (i.e., the representative of the entity applying for the grant)
    • A general description of the community concerns about the property related to brownfields, socioeconomic challenges and redevelopment needs
  • For assessment grants, include the following information:
    • The property address, a brief history of ownership, a brief history of site-specific land use and why the property is suspected of being contaminated; include DNR Bureau for Remediation and Redevelopment Tracking System (BRRTS) identification number(s), if applicable
  • For cleanup grants, include the following information:
    • The property address, a brief history of ownership, a brief history of site-specific land uses and why the property is known to be contaminated; include BRRTS identification number(s), if applicable
    • A statement of whether the applicant and/or landowner intends to enroll the property in the voluntary party liability exemption program
    • The approximate timeframe to complete site investigation, begin cleanup at the property, submit reports required under Wis. Admin. Code chs. NR 700-799 and estimated time for DNR staff review
  • For petroleum contamination cleanup or assessment grants, include the following information:
    • The current property owner, occupant and the immediate past-owner of the property
    • The date and method by which the current owner acquired the property (e.g., purchase, tax foreclosure)
    • Whether the applicant, the current owner, or immediate past-owner dispensed or disposed of petroleum on the property
    • Whether the applicant, the current owner, or immediate past-owner took reasonable steps to contain any known contamination
    • Whether there are any state or federal environmental judgments or orders, or third-party suits or claims against the current or immediate past-owner, and if the current or immediate past-owner has the financial means to comply
    • Reasons why any of the above information may not be available

Grants awarded by the EPA provide resources that can be used for various brownfield activities, with an opportunity to transform contaminated sites into community assets that attract jobs and achieve broader economic development outcomes.

EPA Grant Information. For grant guidelines and application resources, visit the EPA’s FY23 Brownfields Multipurpose, Assessment, RLF and Cleanup Grant Resource webpage.