Publications and forms

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

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)

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)

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)

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

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

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

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.

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

Now Available: Publication RR-060, Guidance For Management Of Contaminated Soil And Other Solid Wastes – Wis. Admin. Code §§ NR 718.12 and NR 718.15

Following a public comment period and consideration of the comments received, the publication RR-060, Guidance for Management of Contaminated Soil and Other Solid Wastes – Wis. Admin. Code §§ NR 718.12 and NR 718.15, is now posted and available online.

For this document, a sentence that referred to management of asbestos-containing materials on page 2 was removed. In addition, the NR 718 Approval and Process Options approval process for immediate actions involving contaminated soil was modified for clarification (page 5), and the locational requirements (page 12) were updated to include the requirement that a responsible party may not place or replace contaminated soil where it poses a threat to public health, safety, or welfare or the environment.

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.

This guidance is intended for use by responsible parties when excavating contaminated soil and other solid waste that may not warrant disposal at an operating, licensed landfill. This guidance describes several approvals that may be available in such situations.

Questions regarding this document may be submitted to Paul Grittner at Paul.Grittner@wisconsin.gov.

Wisconsin Vapor Quick Look-Up Table Updated

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, generally semi-annually when the U.S. EPA updates its table (last updated in November 2021). 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 February 2022 version includes the removal of infrequently used chemicals:

  •  Methyl tert-Butyl Ether (MTBE),
  • 1,2,4-Trimethylbenzene (TMB),
  • 1,3,5-TMB, and
  • Xylene (m, o and p separately)

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.