Emerging Contaminants

Update on Lawsuit RE: Regulation of PFAS Under Spills Law

On April 12, 2022, Waukesha County Circuit Court Judge Bohren issued a decision regarding the DNR’s authority to regulate “emerging contaminants” (including PFAS compounds) as hazardous substances under the Spills Law. The DNR has appealed the decision.

On June 7, 2022, Judge Bohren granted the DNR’s request for a stay of his decision for the duration of the appeal process. 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.

Public Input Opportunity – Publication RR-0115, Guidance: Contaminated Sediment Fact Sheet

The Remediation and Redevelopment (RR) Program is now seeking input on the publication RR-0115, Guidance: Contaminated Sediment Fact Sheet

The fact sheet is a brief outline of the typical approaches that are used to navigate through Wisconsin Statutes (Wis. Stat.) ch. 292 and Wisconsin Administrative Code (Wis. Admin. Code) chs. NR 700 to 799 with respect to the investigation and remediation of contaminated sediment.

The document can be found at the RR Program’s Public Notices & Guidance web page under the “Program Guidance” tab.

Comments may be submitted through July 1, 2021 to Carrie Webb at CarrieA.Webb@wisconsin.gov or to DNRRRGuidance@wisconsin.gov.

Reminder: Issues & Trends Webinar on October 21, 2020: PFAS Presentation by Ginny Yingling of the MN Dept. of Health

The Remediation and Redevelopment Program reminds you that the next webinar in the Issues & Trends series will take place on Wednesday, October 21, 2020 from 12:00 p.m. to 1:00 p.m.

The scheduled presentation is PFAS: Fate & Transport, Site Characterization and Remediation.

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Reminder Letter Sent to Responsible Parties to Evaluate for Emerging Contaminants During Site Investigations

The Remediation and Redevelopment (RR) Program is sending 3,038 letters to parties responsible for cleanup at open remediation sites in Wisconsin.

The letter is a reminder to those responsible parties (RPs) to consider per- and poly-fluoroalkyl substances (PFAS) or other suspected emerging contaminants (e.g. 1,4 – Dioxane) during the site investigation scoping phase of their remediation efforts, per NR 716.07 and NR 716.09. A site investigation may be considered incomplete if the RP does not consider and address all hazardous substances or environmental pollution at a known site or facility subject to ch. 292, Wis. Stats., including emerging contaminants like PFAS.  Failure to do so could result in the need for additional assessment work or field work and potential closure delays.

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Employment Opportunities: Regional Spills Coordinator and Complex Sites Project Manger

The Wisconsin DNR’s Remediation and Redevelopment (RR) program is hiring a Regional Spills Coordinator and a Complex Sites Project Manager.

Both positions will be stationed in Dane County – the Regional Spills Coordinator at the Fitchburg DNR office, and the Complex Sites Project Manager at the downtown Madison DNR office. Note that DNR staff are teleworking during the current phase of the state employee Bounce Back Plan. These positions will report to the Fitchburg and Madison offices, respectively, with return to normal operations.

The deadline to apply for the Spills Coordinator position is August 18, 2020. The application deadline for the Complex Sites position is August 31, 2020.

For additional information, please see the job announcement for the Spills Coordinator position or the Complex Sites position.

Consultants’ Day 2020 Update: Keynote Speaker; Mediasite Option; Registration Opens Soon

Plans for Consultants’ Day 2020 are in full swing, with an exciting keynote speaker identified for both events and a distance-learning option in place for the May conference.

The first of two Consultants’ Day conferences is scheduled for Wednesday, April 29 in Stevens Point at the Holiday Inn Convention Center. The second event will take place on Wednesday, May 13 in Pewaukee at the Ingleside (formerly the Country Springs). The Remediation and Redevelopment (RR) Program anticipates registration opening soon for both events. That announcement will be promptly shared via the RR Report and shared on the RR Program’s Conference & Training web page.

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Environmental Management Division Hiring Emerging Contaminants Technical Operations Director

The Wisconsin DNR seeks to hire an Emerging Contaminants Technical Operations Director within the Environmental Management (EM) Division. The position will be located in the downtown Madison office.

The deadline to apply is December 29, 2019.

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Wisconsin Offering Accreditation for PFAS in Drinking Water, Aqueous (non-potable waters) and Solid Matrices

The Wisconsin Department of Natural Resources accredits laboratories to perform aqueous (non-potable water), solid and drinking water testing for many of the agency’s environmental programs. Certified and registered laboratories must meet all the criteria outlined in Ch. NR 149, Wis. Adm. Code.

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NR 140 Groundwater Quality Standards Update

The following is from DNR Secretary-designee Preston Cole:

I wanted you to know that DNR is pleased to report that we continue to make progress on advancing the Governor’s “Year of Clean Drinking Water” initiatives and returning Wisconsin to being a leader in the field of environmental protection.  This morning, the Wisconsin Department of Health Services (DHS) provided DNR and the Department of Agriculture, Trade and Consumer Protection (DATCP) with recommended standards for 27 groundwater contaminants (ch. NR 140 compounds). These recommendations are intended to protect human health and the environment, as part of Wisconsin’s landmark groundwater law, Chapter 160, Wisconsin Statutes. Included in this package are recommended standards for glysophate, perfluorooctanoic acid (PFOA), and perfluorooctanesulfonic acid (PFOS).

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RR Program Web and IT Updates

The Remediation and Redevelopment (RR) Program has created a new web page for contaminated soil and sediment, and recently completed additional webpage updates.

The new contaminated soil and sediment web page contains guidance and instructions on the soil RCL calculator and information about alternative soil assessments, soil and materials management under Wis. Admin. Code ch. NR 718, historic fill exemptions, contaminated sediments, PCBs in soil, smear zone contamination, and biodegradation as a remedial action.

If you already have Resources for Environmental Professionals bookmarked, a link to the new webpage can be found in the “Related Links” section, as well as at the top of that page for a limited time.

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