Rules and laws

EPA Adopts New ASTM Standard For Phase I Environmental Site Assessments

Posted on by Jodie Thistle

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.

Natural Resources Board To Consider Proposed Rules For PFAS Standards In Water

Posted on by Jodie Thistle

The Natural Resources Board (NRB) will consider the adoption of proposed standards for PFAS in drinking water, surface water and groundwater at their meeting on Wednesday, Feb. 23, 2022.

Members of the public are invited to share their opinion about these proposed rules by either submitting written comments or speaking at the NRB meeting. All written comments and requests to testify at the meeting must be received by the Board Liaison by 11 a.m. on Friday, Feb. 16.

PFAS are a group of human-made chemicals used for decades in numerous products, including non-stick cookware, fast food wrappers, stain-resistant sprays and certain types of firefighting foam. These legacy contaminants have made their way into the environment in a variety of ways, including spills of PFAS-containing materials, discharges of PFAS-containing wastewater to treatment plants, and use of certain types of firefighting foams.

The NRB sets policy for the DNR and has the authority to approve or reject these rule proposals. Rules that do not receive approval from NRB are no longer considered for adoption. If approved by the NRB, proposed rules are sent to the Governor and State Legislature for final approval and promulgation into Administrative Code. The NRB approval of the statement of scope launched the rulemaking process in October 2019.

Visit the Wisconsin DNR website to learn more about the Natural Resources Board and PFAS.

NR 700 Reporting Due Jan. 31

Posted on by Jessica

Semi-annual reporting for the period of July 1, 2021, to Dec. 31, 2021, is due by Jan. 31, 2022. Semi-annual reporting is required of responsible parties (RPs) for all open sites, including those sites the DNR formerly classified as “conditionally closed” in the Bureau for Remediation and Redevelopment Tracking System (BRRTS) online database. Consultants may submit these reports on behalf of RPs.

The DNR will send an email with a unique Report Identification (ID) number to contacts of sites listed in the database during the first week of January 2022. If you do not receive an email by Jan. 7, 2022, you can request a Report ID number by submitting the Report ID Request Form.

The Report ID number uniquely identifies the activity you can report, the reporting period and verifies the person using the Report ID is authorized to submit the report. If you have any questions, please contact Tim Zeichert at Timothy.Zeichert@wisconsin.gov or 608-219-2240.

State law requires semi-annual reports from people who meet the definition of a responsible party in NR 700. Property owners, such as local governments that have an exemption under Wis. Stats. §§ 292.11(9)(e) or 292.23, and lenders that have an exemption under Wis. Stats. § 292.21 for specific properties are not required to submit a semi-annual report for those exempt properties under state law.

Sites formerly classified by the DNR as “conditionally closed” are open sites that have not been granted case closure and, by definition, have remaining action(s) needed (e.g., properly abandoning monitoring wells or investigative waste needing to be removed).

Semi-annual reporting for sites formerly classified as “conditionally closed” should indicate what actions are being taken to complete the remaining actions.

The next reporting period is from Jan. 1, 2022, to June 30, 2022.

Now Available: Publication RR-0126, Guidance for Sediment-Related Continuing Obligations for Environmental Protection, Wis. Stat. § 292.12(5m) and Publication RR-0117, Guidance: When Should a Site Investigation Enter Surface Water?

Posted on by Mick

Following a public comment period and consideration of the comments received, the publications RR-0126, Guidance for Sediment-Related Continuing Obligations for Environmental Protection, Wis. Stat. § 292.12(5m) and RR-0117, Guidance: When should a site investigation enter surface water? are now posted and available online.

The documents can be found here: RR-0126 and RR-0117. Additional documents and guidance from the Remediation and Redevelopment Program may be found using the search tools available on the publications and forms webpage.

Continue reading “Now Available: Publication RR-0126, Guidance for Sediment-Related Continuing Obligations for Environmental Protection, Wis. Stat. § 292.12(5m) and Publication RR-0117, Guidance: When Should a Site Investigation Enter Surface Water?” →

New Online Form To Report Hazardous Substance Discharges

Posted on by Mick

An online form is now available from the Remediation and Redevelopment (RR) Program to report the discovery of hazardous substances identified through sampling. The Notification for Hazardous Substance Discharge Form – Non-emergency Only (4400-225) is now a web-based form found on the RR Program Submittal Portal.

Form 4400-225 should be used to report the discovery of a discharge that is identified through laboratory analysis of soil, water, sediment, vapor or indoor air. Hazardous substance discharges must be reported immediately according to Wis. Stat. § 292.11.

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New NR 700 Chapters Govern Financial Assurance Requirements that Apply at Certain Types of Sites with Contaminated Sediment

Posted on by Mick

As of Oct. 1, 2021, two new chapters of the Wisconsin Administrative (Wis. Admin.) Code come into effect. The new chapters, NR 756 and NR 758, both relate to financial assurance requirements for certain types of contaminated sediment sites.

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Environmental Liability Exemptions in the VPLE Program

Posted on by Mick

The cleanup and redevelopment of contaminated properties has become a critical land use issue for public and private entities across the country. These brownfields – abandoned or underused properties where redevelopment is hindered by real or perceived contamination – are often the key to a successful community redevelopment project.

Many developers, lenders and prospective purchasers of brownfields choose to enroll in the Voluntary Party Liability Exemption (VPLE) program versus a traditional cleanup path, since the VPLE provides certain liability assurances helpful to investors as well as future property owners.

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Public Input Opportunity – Publication RR-082, Guidance: NR 700 Semi-Annual Site Progress Report, Wis. Admin Code § NR 700.11(1)(a)

Posted on by Mick

The Remediation and Redevelopment (RR) Program is now seeking input on the publication RR-082, Guidance: NR 700 Semi-Annual Site Progress Report, Wis. Admin Code § NR 700.11(1)(a).

The purpose of the guidance is to provide information regarding semi-annual progress reports, which are required of responsible parties for open remediation sites.

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 February 17, 2021 to Tim Zeichert at Timothy.Zeichert@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

Public hearing for NR 700 proposed rule changes on Oct. 16, 2020

Posted on by Mick

The Wisconsin Department of Natural Resources (DNR) announces that it will hold a public hearing on October 16, 2020, to receive public comment and feedback on emergency rule RR-11-17(E) and proposed permanent rule RR-10-17. The DNR will hold one public hearing for both rules. The hearing will be held via Skype. Meeting registration and details are available in the public hearing notice.

Written comments on the rules may be submitted any time before or on October 23, 2020. Details on how to provide comments are included in the public hearing notice.

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