Public input

EPA Solicitation for 2018 BUILD Act Comments

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The Brownfields Utilization, Investment and Local Development (BUILD) Act was enacted on March 23, 2018 as part of the Consolidated Appropriations Act, 2018. The BUILD Act reauthorized EPA’s Brownfields Program, and made amendments to the 2002 Small Business Liability Relief and Brownfields Revitalization Act.  Authorized changes affect brownfields grants, ownership and liability provisions, and state and tribal response programs. EPA is developing policy guidance to implement the BUILD Act.

https://www.epa.gov/brownfields/brownfields-broadcast

As part of this process, the EPA is soliciting comment on three provisions in the BUILD Act:

  1. The authority to increase the per-site cleanup grant amounts to $500,000;
  2. The new multi-purpose grant authority; and
  3. The new small community assistance grant authority.

Comments will be accepted through July 10, 2018 to BUILDAct@epa.gov.

Public Input Opportunity: PECFA Usual & Customary Schedule #24

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The Remediation and Redevelopment (RR) Program seeks your input on the Usual & Customary (U&C) Task Reference Guide #24 (RR-100) and U&C Schedule #24 (RR-10a). Both documents are available on the Wisconsin DNR’s proposed program guidance web page.

Comments on these documents are due by June 25, 2018, and may be directed to Jenna.Soyer@wisconsin.gov.

Document updates include new tasks for vapor point installation, guidance on excavations over $10,000, and an update to private utility locate reimbursable costs. Please see the public comment cover sheet for details.

Public Input Opportunity – Case Closure Reconsideration Process

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The RR Program seeks your input on a revised, draft publication entitled “Wis. Admin. Code ch. NR 726 Case Closure Reconsideration Process (RR-102)”.

The purpose of this document is to provide responsible parties (RPs) with guidance on the opportunities available to engage the department to receive feedback on the adequacy of the Wis. Admin. Code chs. NR 700-754 response actions undertaken and submitted by the RP to document case closure. This guidance presents the process and feedback opportunities available if case closure is not recommended by the department. This general process is referred to as the case closure reconsideration process.

The document can be reviewed at http://dnr.wi.gov/news/input/guidance.html and comments can be submitted through June 5, 2018 to the Brownfields and Outreach Section Chief, Christine Haag at Christine.Haag@wisconsin.gov.

Public Input Opportunity: Variances to the Usual and Customary Standardized Invoice for PECFA Projects

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The Remediation and Redevelopment (RR) Program seeks your input on guidance regarding variances to the Usual & Customary (U&C) Standardized Invoice for Petroleum Environmental Cleanup Fund Award (PECFA) Program projects.

The guidance addresses a limited number of PECFA-eligible activities, based on their common occurrence, in order to ensure consistency in approving cost reimbursement where no standard rate exists.

Comments are due by May 23, 2018, and may be directed to Jenna.Soyer@wisconsin.gov.

Public Input Opportunity – Soil Management Guidance for Cleanups

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The RR Program seeks your input on a revised, draft publication entitled “Clean Soil Management: A Self-Implementing Option for Soil Excavated During a Response Action under Wis. Admin. Code §§ NR 700 through NR 750” (RR-103). This draft guidance was revised based on comments received from the public. This revision is much narrower in scope than the last version that was sent out for public comment.  This guidance is different than, but related to, the NR 718 contaminated soil guidance.

In particular, this guidance is intended solely for use by responsible parties (RPs) who are managing soil excavated as part of a response action pursuant to Wis. Stats. ch. 292 and Wis. Admin. Code chs. NR 700 – 754.

The guidance does not apply to soil excavated as part of a construction project, utility project or transportation project.  However, if those projects also involve an NR 700 response action, this guidance only applies to the soil excavated as a direct result of the response action.

This draft 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. This document provides responsible parties (RPs) more clarity on what types of substances – if identified in soil – could generally be managed as “clean soil” in accordance with state law without the department’s pre-approval or tracking.  However, the person placing or accepting the soil would need to comply with limited locational criteria. The department believes that providing this guidance will help responsible parties and their environmental consultants to save money, and make more timely and consistent decisions on how to manage this type of excavated soil during a Wis. Admin. Code ch. NR 700 cleanup action.

The document can be reviewed at http://dnr.wi.gov/news/input/guidance.html and comments can be submitted through May 13, 2018 to the Brownfields and Outreach Section Chief, Christine Haag at Christine.Haag@wisconsin.gov. In addition, the RR Program will host a question and answer session on this guidance scheduled for April 20, 2018, at 10:30 a.m. Meeting logistics and agenda can be found on the DNR’s public meetings calendar (dnr.wi.gov search “public meetings”).  Externals are encouraged to provide written comments, as formal note taking will not capture comments during the listening session. Please note: Attendees must check-in at the visitors desk on the first floor. A conference call number is also available. Please RSVP to Christine Haag (christine.haag@wisconsin.gov) if planning to attend.

Public Input Opportunity – Wis. Admin. Code ch. NR 712 Certifications

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The RR Program seeks your input on a draft document for use by persons who hire and those that provide services associated with conducting certain environmental response actions in Wisconsin. It identifies the professional qualifications and certifications for performing and supervising work required by Wis. Admin. Code ch. NR 712, and the requirement for certifying specific submittals for actions conducted under Wis. Stat. ch. 292 and Wis. Admin. Code chs. NR 700 – 754. The current version of the rule has been in effect since November 2013 when Wis. Admin. Code § NR 712.03(1) was amended to add the requirement that a “hydrogeologist” also must be licensed as a hydrologist or registered as a geologist with the Wisconsin Department of Safety and Professional Services.

The document can be reviewed at http://dnr.wi.gov/news/input/guidance.html and comments can be submitted through April 4, 2018 to the Brownfields and Outreach Section Chief, Christine Haag at Christine.Haag@wisconsin.gov. In addition, the RR Program will host a question and answer session on the qualification and certification requirements in Wis. Admin. Code ch. NR 712 as part of the NR 700 Technical Focus Group meeting scheduled for March 12, 2018. Meeting logistics and agenda can be found on the NR 700 Technical Focus Group website (dnr.wi.gov search “NR 700 technical focus group”).  Please note: Attendees must check-in at the visitors desk on the first floor. A conference call number is also available. Please RSVP to Judy Fassbender if planning to attend, judy.fassbender@wisconsin.gov.

External Advisory Groups Help Guide, Shape DNR Policy

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The Remediation and Redevelopment Program puts to good use the skills and knowledge of its customers by working together in a collaborative manner through a number of External Advisory Groups (EAG). In fact, it’s one of the core values of the agency. And with funding from the US EPA’s 128(a) grant, the Brownfields and Outreach Section assists these groups with messaging and keeping customers and the public informed.

Now in its 20th year of advising the agency is the Brownfields Study Group (BSG). The study group is one of the oldest EAGs, created in 1998 at the direction of the Governor and State Legislature to evaluate Wisconsin’s brownfields initiatives and recommend improvements, as well as propose additional incentives for brownfields redevelopment. The BSG continues to drive important brownfields policy changes in Wisconsin and among its successes can count the creation of the Site Assessment Grant Program, which awarded more than $18 million to more than 200 communities before it was transferred to a different agency. The group was also instrumental in developing the One Cleanup Program Agreement with Region 5 EPA, the most comprehensive agreement of its kind, which helps expedite cleanups of properties across the state.

Continue reading “External Advisory Groups Help Guide, Shape DNR Policy” →

Public Input Opportunity: PECFA Usual & Customary Standardized Invoice

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The Remediation and Redevelopment (RR) Program seeks your input on the Usual & Customary (U&C) Task Reference Guide #23 (RR-092) and on the Standardized Invoice #23 (RR-092a). Both documents can be viewed at the Wisconsin DNR’s web page for proposed program guidance.

Comments on these documents will be accepted through December 22, 2017.

Updates to Tasks 5, 7, 18, 26, 27 and 31 are included in the document and outlined in the public comment cover sheet.

The U&C Cost Schedule is a regular publication of the RR program and is updated twice a year. Updates generally consist of non-substantive language changes and clarification.

Comments on this document should be sent to Jenna Soyer at jenna.soyer@wisconsin.gov.

Open House “Q & A” on New Vapor Intrusion Guidance

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The Remediation and Redevelopment Program will host a two-hour “Q & A” regarding the agency’s new guidance on vapor intrusion. The open house event will take place on Tuesday, August 29, in Madison, and via teleconference at the same time.

The guidance – RR-800 – is currently available for written public comment through the DNR’s “proposed program guidance” web page; comment on the document will be accepted through September 8, 2017.

Subjects discussed during the “Q & A” session will not take the place of written comments on the document. Rather, the opportunity is meant to help further clarify the material for those who may have questions about the content, with hope of alleviating potential erroneous comments.

Details of the vapor intrusion “Q & A” open house are:

  • Date: Tuesday, August 29
  • Time: 9:00 – 11:00 CST
  • Location: DNR Central Office, Room G-09, 101 S. Webster St., Madison, WI 53707
  • Conference Call Number: 1-855-947-8255, Passcode: 6612745#

Vapor intrusion team leader Alyssa Sellwood and Policy and Technical Resources Section Chief Judy Fassbender will be available to answer questions and clarify issues for participants.

If you plan to attend in person, please notify Alyssa Sellwood by the close of the business day on Monday, August 28, so that building security can be prepared for your arrival.

Updated Vapor Intrusion Guidance – RR-800 Public Input Opportunities

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The RR Program seeks your input on a significantly revised document titled, RR-800, Addressing Vapor Intrusion at Remediation & Redevelopment Sites in Wisconsin. The revisions to RR-800 include: updates from ITRC’s and USPEA’s vapor guidance; additional details on required deliverables; expectations for outreach; clarification on preemptive mitigation; and a significantly expanded discussion on vapor mitigation (design options, performance verifications, long-term operation and maintenance, and continuing obligations).

The document can be reviewed at http://dnr.wi.gov/news/input/guidance.html and comments can be submitted through September 8, 2017 to the Vapor Intrusion Team Leader, Alyssa Sellwood at Alyssa.Sellwood@wisconsin.gov. In addition, the RR Program will host a question and answer session on Tuesday, August 29th.  Mark your calendars; more details to come.