Environmental site investigations

Issues & Trends Webinar On Jan. 31, 2024: When Should A Site Investigation Enter Surface Water

The Remediation and Redevelopment (RR) Program’s next webinar in the Issues & Trends series will take place on Wednesday, Jan. 31, 2024, from noon-1 p.m.

The scheduled presentation is titled When Should a Site Investigation Enter Surface Water and will be followed by time for questions. Site investigation scoping is the first step to developing a site investigation work plan. This webinar will highlight what information to evaluate at sediment sites during site investigation scoping. It will also cover potential pathways for contamination to enter surface water.

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.

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

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.

NEW EPA Resources For All Appropriate Inquiries (AAI)

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.

EPA Adopts New ASTM Standard For Phase I Environmental Site Assessments

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.

E-Pay Now Available for NAR/NFA; Other Updates to 4400-225

Last November the Notification for Hazardous Substance Discharge form (4400-225) was made into a fillable online form on the DNR’s RR program Submittal Portal webpage. This form should be used to report discharges that are identified through laboratory analysis of soil, sediment, vapor, indoor air and water.

The form now allows for payments by credit card for the request of No Action Required (NAR) determination under Wis. Admin. Code § NR 716.05 or a request for No Further Action (NFA) determination under Wis. Admin. Code § NR 708.09.

The form also includes clickable tabs so you can easily navigate to completed tabs without clicking multiple “next” and “back” buttons. This is particularly useful when returning to submit lab reports and navigating to the lab result tab to upload your files.

When submitting a request for an NAR or NFA determination, we encourage you to include the Technical Assistance, Environmental Liability Clarification or Post-Closure Modification Request form 4400-237 and any additional appropriate report(s) with your submittal.

Interstate Technology Regulatory Council Soil Background And Risk Assessment Training Videos Available Now

The Interstate Technology Regulatory Council (ITRC) Soil Background and Risk Assessment (SBR) training videos are now available on the ITRC’s YouTube Channel and showcase a new format for the ITRC short training videos. Two of the videos debuted in the June 2022 Internet-based training.

ITRC released four SBR training videos, which can be viewed in any order:

ITRC trainings help state environmental agencies and others to gain valuable technical knowledge and develop consistent regulatory approaches to protect human health and the environment.

 

Now Available: Publication RR-502, Selecting an Environmental Consultant

Following a public comment period and consideration of the comments received, the publication RR-502, Selecting an Environmental Consultant, is now posted and available online.

The document can be found here. Additional documents and guidance from the Remediation and Redevelopment Program can be identified using the search tools available on the publications and forms webpage.

The purpose of the guidance is to help responsible parties, local governments, developers, and others understand the key role that environmental consultants play in the assessment, investigation, and cleanup of contaminated properties in Wisconsin, and help these parties identify qualified consultants for their projects.

Questions regarding this document may be submitted to Barry Ashenfelter at Barry.Ashenfelter@wisconsin.gov

DNR Awards Brownfields Grant To City Of Beaver Dam

The Wisconsin Department of Natural Resources (DNR) has awarded a Brownfields Grant to the City of Beaver Dam to assist with the investigation of potential environmental contamination at the site of a former auto dealership and repair shop.

The grant is from the DNR’s Wisconsin Assessment Monies program, which provides contractor services worth up to $35,000 for the environmental assessment of eligible brownfields sites.

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New Community Resource For Vapor Intrusion Evaluation

The Wisconsin Department of Natural Resources (DNR) is now offering an online resource tool for local governments, neighborhood associations and property owners to evaluate sources and minimize the risks of vapor intrusion from historical dry-cleaning operations in their communities.

For much of the 1900s, dry cleaning was a common business especially in Iarge cities where the service could be found on almost every commercial block. The disposal or spilling of cleaning solvents used by historical dry cleaners, long before current waste management laws were in effect, may have resulted in chemical vapors in the ground that can migrate into present-day buildings.

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DNR Awards Brownfields Grant To City Of Altoona

The Wisconsin Department of Natural Resources (DNR) today announced the department awarded a Brownfields Grant to the City of Altoona.

The grant is from the DNR’s Wisconsin Assessment Monies program, which provides contractor services worth up to $35,000 for the environmental assessment and cleanup of eligible brownfields sites.

Brownfields are abandoned, idle and underused commercial or industrial properties where reuse is stalled by potential contamination. Brownfields vary in size, location, age and past use; they can be anything from a 500-acre former automobile assembly plant to a small, abandoned gas station.

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