Cleanup

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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Got Brownfields? Get a Green Team meeting!

meeting puzzle (transparent background)Teamwork can transform old, dilapidated industrial and commercial properties into economically and socially beneficial community assets. The DNR’s Remediation and Redevelopment Program is willing and able to be on your local government team. We have experience with thousands of successful revitalization projects, we have grant and loan funding available, and we can help bring other key stakeholders to your table at any stage of the process. Contact us today to set up a Green Team meeting and get things going.

Wisconsin DNR’s Remediation and Redevelopment Program Has Authority to Regulate Emerging Contaminants – including, PFAS Compounds

Chemicals that have seen industrial use for decades are now beginning to be better understood by scientists and others concerned with their potential impacts to human health and the environment. Per- and polyfluoroalkyl compounds (PFASs) are a class of emerging contaminants known to impact environmental media, such as groundwater, soil, sediment and surface water.

Additional information about PFASs can be found on the EPA’s web page, the ITRC’s collection of fact sheets and through the Agency for Toxic Substances and Disease Registry (ATSDR).

When discharged to the environment, PFAS compounds meet the definitions of hazardous substance and/or environmental pollution under Wis. Stat. § 292.01. Discharges of PFASs to the environment are subject to regulation under Wis. Stat. § 292 and the requirements for immediate notification, investigation, and remediation in Wis. Admin. Code chs. NR 700 through 754.

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Community Redevelopment Toolbox

The latest version of ASTWMO’s Toolbox for Community Redevelopment, “A beginner’s guide to contaminated property redevelopment,” offers a five-step process to help local governments better understand the basic process of identification, assessment, investigation and cleanup.Clip Art

The Association of State and Territorial Solid Waste Management Officials, Inc., (ASTSWMO), is a national organization founded in 1974. Its mission is to enhance and promote effective state programs and to affect relevant national policies for waste and materials management, environmentally sustainable practices, and environmental restoration.

The toolbox and examples are not Wisconsin-specific, but include good, basic information for anyone interested in cleanup and redevelopment issues.

February 8, 2017 Issues & Trends: Environmental Issues for Demolition

The RR Program’s February webinar will provide answers to common questions related to the management of demolition related materials, including asbestos, PCB containing material, lead based paints and hazardous building components that commonly contain mercury and other compounds of concern. The presentation will focus on processes and recommendations for successful demolition project coordination.

Ed Lynch, Hazardous Waste Section Chief, will provide an overview of requirements for managing hazardous materials as part of renovation and demolition projects. The DNR’s Asbestos Coordinator Mark Davis and Mark Chamberlain, Air Management Specialist, will provide an overview on Wisconsin Administrative Code NR 447 “Control of Asbestos Emissions.” When facilities are undergoing renovation or demolition and asbestos containing materials could be disturbed, the requirements of the EPAs National Emissions Standards for Hazardous Air Pollutants (NESHAPS) apply. The presentation will discuss the asbestos inspection, notification, and disposal requirements for demolition/renovations projects involving commercial/industrial facilities.

This overview will provide information on permits, DNR approval and reporting requirements, as well as information on contacting the DNR for assistance when questions arise during the completion of demolition work.

Date: February 8, 2017 Time: Noon – 1:00 p.m. Join by phone: 1-855-947-8255, passcode: 6612 745# Questions in advance can be sent to DNRRRComments@wisconsin.gov

The presentation notes for this teleconference will be available soon on the RR Program Training Page. The audio will be available in the training library shortly after the conclusion of the teleconference.

A schedule of future Issues & Trends events is also available in the Training Library, along with recordings of previous presentations.

Free Brownfields Technical Assistance in 2017

Ready to redevelop that brownfield property but not sure how to finance it? Let the Council of Development Finance Agencies (CDFA) financing experts provide free recommendations for your project. Opportunities are now available for on-site technical assistance through CDFA Brownfields Project Response Teams. CDFA staff and advisors will travel to your community to tour the site, meet with stakeholders, and provide financing recommendations. To learn more, take part in the CDFA’s free webinar on Wednesday, Feb. 1 at 1:00 EST.

The Council of Development Finance Agencies is a national association dedicated to the advancement of development finance concerns and interests. CDFA is comprised of the nation’s leading and most knowledgeable members of the development finance community representing public, private and non-profit entities alike. For more information about CDFA, visit www.cdfa.net.

RR Program RCL Calculator Updated

The Wisconsin DNR updated the numerical soil standards, or residual contaminant levels (RCLs), in the Remediation and Redevelopment program’s spreadsheet of RCLs to reflect the US EPA June 2016 update to its Regional Screening Level (RSL) website. The RR Program RCL Spreadsheet Update (RR-052d) provides a summary of the updates incorporated in the June 2016 spreadsheet.

For more information and to access the RCL calculator (macro and non-macro versions), visit the Resources for Environmental Professionals webpage and click on the “Soil RCLs” tab.