Cleanup

Electronic Documents to be Submitted Via RR Submittal Portal

Under the NR 700 rule series, responsible parties (RPs), or their representative, must provide DNR with one paper copy and one electronic copy of all submitted documents, including those related to case closure requests. These submittal requirements can be found in Wis. Admin. Code § NR 700.11 (3g), as well as throughout Wis. Admin. Code chs. NR 700 ‐ 754 for specific situations.

Since January 2019, the RR Program has directed RPs and consultants to submit all electronic documents required by Wis. Admin. Code chs. NR 700-754 via the RR Program Submittal Portal.

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DNR and DHS Work Together to Improve Water Quality in Wisconsin

The Department of Natural Resources announced two new water quality initiatives as part of Governor Evers’ Year of Clean Drinking Water declaration for 2019.

This week the DNR worked with Department of Health Services (DHS) to ask the health agency to review 40 contaminants for possible groundwater quality standards. This work comes on the heels of the department asking DHS last spring to review an initial 27 contaminants, including two per- and polyfluoroalkyl substances (PFAS). PFAS are a group of human-made chemicals that have been used for decades in numerous products, such as non-stick cookware, fast food wrappers, stain resistant sprays and firefighting foam.

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Public Input Opportunity: Implementation of Wis. Admin. Code chs. NR 749 and NR 750 Fees

The Remediation and Redevelopment (RR) Program seeks your input on a draft publication entitled “Implementation of Wis. Admin. Code Chs. NR 749 and NR 750 (RR-997)”.

The purpose of this document is to provide guidance for responsible parties, environmental consultants, and others who request technical assistance or oversight from the Department of Natural Resources’ RR Program. The guidance addresses fees for DNR oversight and assistance at sites regulated under Wis. Admin. Code chs. 700 – 754. Fees applicable to most cases are defined in Wis. Admin Code ch. NR 749. Fees for Voluntary Party Liability Exemption (VPLE) cases are defined in Wis. Admin. Code ch. NR 750.

The document can be reviewed at http://dnr.wi.gov/news/input/guidance.html and comments can be submitted through May 1, 2019 to the Fiscal and Information Technology Section Chief, Jenna Soyer, at Jenna.Soyer@wisconsin.gov.

RR Program Offers New SI Checklists

Two site investigation checklists are now available from the Wisconsin DNR’s Remediation and Redevelopment (RR) Program.

The Site Investigation Work Plan Preparation Checklist (RR-096) and the Site Investigation Report (SIR) Preparation Checklist (RR-097) are optional tools that environmental consultants and responsible parties can use to help develop site investigation work plans and reports in compliance with Wis. Admin. Code NR 716.

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RR Program’s PFAS Technical Advisory Group Meetings Scheduled

The DNR’s Remediation and Redevelopment (RR) Program will convene a PFAS Technical Advisory Group (TAG) to discuss PFAS-related concerns that are specific to the assessment and cleanup of environmental contamination.

The goal of the group is to examine the “what, where, when and how” of PFAS investigation and remediation by sharing concerns, identifying current and proposed practices, and strategizing on issues requiring solutions. The group does not have an appointed membership; any interested party may attend.

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Hold the Date: First Rule Development Meeting Tentatively Scheduled for February 5, 2019

On January 23, 2019, the Remediation and Redevelopment (RR) program will seek the approval of the Natural Resource Board (NRB) to initiate the rulemaking process for revisions to select provisions of Wis. Admin. Code chs. NR 700799, Environmental Protection – Investigation and Remediation of Environmental Contamination. If this request is approved, the RR program will host a series of open meetings to seek input on the development of the proposed rules.

Pursuant to Wisconsin’s administrative rulemaking process, the RR program has prepared two statements of scope that describe the proposed content of the rulemaking.  These scope statements are available online in the Wisconsin Administrative Register.

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DNR Interim Decision on Voluntary Party Liability Exemption (VPLE) Program and Emerging Contaminants

Wisconsin’s Voluntary Party Liability Exemption (VPLE) program allows a person to clean up a property and receive an exemption from future liability for historic contamination. Once cleanup is complete, the VPLE Certificate of Completion (COC) provides liability protection for the owner of the property. It is also transferrable to future owners. Since 1995, the DNR has issued 186 COCs. Eighty-three voluntary parties are currently pursuing a VPLE COC.

Recent concerns over emerging contaminants, particularly per- and polyfluoroalkyl substances (“PFAS”) chemicals in Wisconsin and nationally have prompted the DNR to evaluate the potential for historical discharges of PFAS and other emerging contaminants at properties enrolled in the VPLE program that are pursuing a COC.

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Kansas State TAB Program Offers EPA Grant Review

With the competitive nature of securing an EPA Multipurpose, Assessment, or Cleanup (MAC) grant, it doesn’t hurt to have an objective review of your grant application. (See Nov. 30 RR Report article regarding EPA MAC Grants)

The Technical Assistance for Brownfields (TAB) program at Kansas State University provides such a review of your MAC grant proposals. The review is available for applicants in EPA Regions 5 through 8.

Staff at “K State” request at least a week’s notice that you will be sending a draft of the MAC application for review. The review is free of charge and can usually be turned around within a few days.

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Exempt Soil Guidance Available

Exempt Soil Management: A Self-Implementing Option for Soil Excavated During a Response Action under Wis. Admin. Code chs. NR 700 through NR 750 (RR 103) is now available.

This 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. The document provides responsible parties clarity on what types of substances – if identified in soil – could generally be managed as “exempt soil” in accordance with state law without the department’s pre-approval or tracking.

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