Publications and forms

Now Available: Guidance: DNR’s Superior Lien Authority and What It Means for Property Owners (RR-507), Guidance: Environmental Liability Exemptions for Lenders and Representatives (RR-508) and Guidance: Post-Closure Modifications (RR-982)

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Following a public comment period, the following publications are now posted and available online:

Guidance: DNR’s Superior Lien Authority and What It Means for Property Owners (RR-507)
This guidance is intended for property owners and mortgagees. It defines and explains a superior lien, which is a type of environmental lien that the Wisconsin Department of Natural Resources (DNR) places on properties when the DNR cleans up contamination on a property and is not reimbursed. A superior lien allows the DNR to recover the public funds spent on the cleanup.

Guidance: Environmental Liability Exemptions for Lenders and Representatives (RR-508)
The purpose of this guidance is to provide information to lenders and representatives about environmental liability exemptions available for sites with hazardous substance discharges to the environment.

Guidance: Post-Closure Modifications (RR-982)
The purpose of this guidance is to aid in the preparation and review of post-closure modification (PCM) submittals to the DNR. Information about the types of PCMs, the process, fees and types of responses available from the DNR is provided. This guidance is for use by property owners, responsible parties, environmental consultants and DNR staff. It is based on authority provided under Wisconsin Statutes (Wis. Stat.) § 292.12(6) and Wisconsin Administrative Code (Wis. Admin. Code) ch. NR 727.

Additional documents and guidance from the Remediation and Redevelopment (RR) Program may be found using the search tools available on the RR Document Search and Resource Portal.

Questions regarding RR-507 and RR-508 may be submitted to Molly Schmidt at MollyE.Schmidt@wisconsin.gov. Questions regarding RR-982 may be submitted to Jodie Thistle at Jodie.Thistle@wisconsin.gov.

Public Input Opportunity – Guidance: Post-Closure Modifications (RR-982)

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The Remediation and Redevelopment (RR) Program is now seeking input on the publication Guidance: Post-Closure Modifications (RR-982).

The purpose of this guidance is to aid in the preparation and review of post-closure modification (PCM) submittals to the Wisconsin Department of Natural Resources (DNR). Information about the types of PCMs, the process, fees and types of responses available from the DNR is provided. This guidance is for use by property owners, responsible parties, and environmental consultants. It is based on authority provided under Wisconsin Statutes (Wis. Stat.) § 292.12(6) and Wisconsin Administrative Code (Wis. Admin. Code) ch. NR 727.

The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through Oct. 5, 2023 to Jenna Soyer at Jenna.Soyer@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

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

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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.

Reminder To Use Updated Case Closure Request Form (4400-202)

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The Remediation and Redevelopment (RR) Program reminds anyone submitting a case closure request that the most up to date Case Closure Request Form (4400-202) must be used per Wis. Admin. Code § NR 726.09(1). This form was last updated in October 2022 to clarify database fees and provide information on electronic submittals.

The current form can be found online, or by visiting dnr.wi.gov, search “4400-202.” Please avoid using any desktop versions that you may have saved. A case closure request may be considered incomplete if submitted on an obsolete form.

The Wisconsin Department of Natural Resources suspended the requirement to submit a paper copy of the closure request form and supporting documentation. Customers are strongly encouraged to submit documents via the online Submittal Portal. Please refer to Guidance for Submitting Documents (RR-690) for additional information on the format and procedures for submitting documents to the RR Program.

Now Available: Publication Guidance: Environmental Contamination & Your Real Estate (RR-973)

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Following a public comment period, the publication Guidance: Environmental Contamination & Your Real Estate (RR-973) 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 the guidance is to provide information to help property owners understand the impact contamination may have on the market value of their property and the legal obligations they have should the property be sold in the future.

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

Now Available: DNR Publication Guidance: Voluntary Party Liability Exemption (RR-0141)

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Following a public comment period and consideration of the comments received, the publication Guidance: Voluntary Party Liability Exemption (RR-0141) 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 DNR publications and forms webpage.

The purpose of this guidance is to provide information about the voluntary party liability exemption (VPLE) which was created by the Wisconsin State Legislature in 1994 when Wisconsin Statues (Wis. Stat.) § 292.15 was enacted to aid in the redevelopment of brownfields properties.

Questions regarding this document may be submitted to Michael Prager at Michael.Prager@wisconsin.gov.

Public Input Opportunity for DNR Publications – Guidance: Voluntary Party Exemption Liability (RR-0141), Guidance: Registering and Removing Underground Storage Tanks (RR-627), Guidance: Environmental Contamination & Your Real Estate (RR-973)

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The Remediation and Redevelopment Program is currently seeking input three publications:

Guidance: Voluntary Party Exemption Liability (RR-0141)
RR-0141 provides information about the voluntary party liability exemption (VPLE), which was created by the Wisconsin State Legislature in 1994 when Wisconsin Statutes § 292.15 was enacted to aid in the redevelopment of brownfield properties.

Submit comments to Michael Prager or to DNRRRGuidance@wisconsin.gov by Dec. 7, 2022.

Guidance: Registering and Removing Underground Storage Tanks (RR-627)
RR-627 outlines responsibilities for underground storage tanks and suggests best practices for registering and removing them.

Submit comments to Barry Ashenfelter or to DNRRRGuidance@wisconsin.gov by Dec. 7, 2022.

Guidance: Environmental Contamination & Your Real Estate (RR-973)
RR-973 provides information to help property owners understand the impact contamination may have on the market value of their property and the legal obligations they have should the property be sold in the future.

Submit comments to Barry Ashenfelter or to DNRRRGuidance@wisconsin.gov by Dec. 7, 2022.

The documents may be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab.

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

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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.

Now Available: Publication RR-0136, Guidance: Wisconsin Vapor Quick Look-Up Table

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Updated publication RR-0136, Guidance: Wisconsin Vapor Quick Look-Up Table, is now posted and available online.

The document can be found on the Vapor Intrusion for Environmental Professionals webpage. 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 document lists select volatile organic compounds frequently encountered at remediation sites; it is updated periodically based on updates to inhalation toxicity data. Consultants should compare vapor data for open sites to the updated table for potential additional actions and should routinely reference the webpage for the most recent version.

The basis for the U.S. EPA Regional Screening Levels were updated in May 2022; the update does not include revisions to action or screening levels.

Consultants should compare vapor data for chemicals not available on Wisconsin’s Vapor Quick Look-Up Table directly to the U.S. EPA’s Vapor Intrusion Screening Level Calculator; instructions are included on Wisconsin’s Vapor Quick Look-Up Table.

Site-specific questions regarding vapor intrusion in Wisconsin should be directed to the assigned DNR project manager. General questions can be directed to the contacts listed on the DNR’s Vapor Intrusion Resources for Environmental Professionals webpage.

DHS Publishes “TCE in the Workplace” Fact Sheet

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When environmental contamination presents potential human health risks, the Wisconsin Department of Natural resources (DNR) works closely with the Wisconsin Department of Health Services (DHS) and local health departments.

In February 2022, DHS published TCE in the Workplace, a fact sheet on health concerns associated with trichloroethylene (TCE) in various work environments. TCE in the Workplace helps workers understand the health risks where TCE is being used in a facility and may be helpful during vapor intrusion investigations. It is available in English, Spanish and Hmong.

The fact sheet includes suggestions to keep workers safe, as well as workplace guidelines for exposure limits by the National Institute for Occupational Safety and Health (NIOSH), the Occupational Safety and Health Association (OSHA), the American Conference of Governmental Industrial Hygienists (ACGIH) and the DNR.

The DHS fact sheet TCE in the Air is also available to assist with communicating the health risks of TCE in situations when contamination has the potential to cause vapor intrusion in nearby structures (e.g., residences, day cares). Since publication, the DNR, DHS and environmental consultants have been providing TCE in the Air to off-site property owners to educate them about the health risks associated with TCE while working to gain access, perform vapor intrusion investigations and install mitigation systems. TCE in the Air is available in English and Spanish.

Links to the fact sheets are available under the “Health” tabs on the DNR’s Vapor Intrusion Resources for Environmental Professionals and Vapor Intrusion webpages.

Site-specific questions regarding vapor intrusion in Wisconsin should be directed to the assigned DNR Project Manager. General questions can be directed to the contacts listed on the DNR’s Vapor Intrusion Resources for Environmental Professionals webpage.