Soils

Rule Advisory Committee Meetings April 12, 2024

The NR 700 Rule Advisory Committee will meet with the Wisconsin Department of Natural Resources (DNR) on Friday, April 12, 2024. 

The DNR formed the Rule Advisory Committee to advise DNR staff during development of proposed rules. The Rule Advisory Committee is comprised of representatives from environmental consulting and law firms, local government groups, industry stakeholders, affected state agencies and environmental advocacy groups. All Rule Advisory Committee meetings are open to the public.

Where:

State Natural Resources Building (GEF 2)
Rm G09
101 S. Webster St.
Madison, WI

Please check-in at the security desk before taking the elevator.
In-person attendees should RSVP to MollyE.Schmidt@wisconsin.gov by noon on Thursday, April 11, 2024.
When:

Friday, April 12, 2024 
9 – 11 a.m. – Continuing Obligations (RR-14-23)
Register to attend via Zoom.

Noon – 2 p.m. Soil Standards (RR-15-23) 
Register to attend via Zoom.

Visit the DNR’s NR 700 Rule Changes webpage to register and view meeting agendas, materials and the full Rule Advisory Committee meeting schedule. Subscribe for updates on future Rule Advisory Committee meetings.

U.S. EPA’s Updated Soil Lead Guidance For CERCLA Sites And RCRA Corrective Action Facilities

On Jan. 17, 2024, the U.S. EPA updated its residential lead screening levels for soil. The updated guidance is a culmination of a years-long effort to strengthen the investigation and cleanup of lead-contaminated soil to protect children from lead exposure. The updated guidance lowers the recommended lead screening levels for direct contact with soil from 400 milligrams per kilogram (mg/kg or parts per million) to 200 mg/kg for residential settings and recommends application of 100 mg/kg if additional sources of lead exposure are present (e.g., lead in drinking water, lead paint, etc.). No changes to industrial lead levels are proposed.

The DNR is reviewing the U.S. EPA’s guidance and consulting with the Wisconsin Department of Health Services to determine how it may apply in Wisconsin. The DNR expects to have more information soon.

The new guidance is intended to apply to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) sites immediately, and the U.S. EPA is currently working on an implementation plan. If you have specific questions about the application of the guidance to RCRA and CERCLA sites, please reach out to the following DNR contacts:

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-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.

New Online Form To Report Hazardous Substance Discharges

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.

Continue reading “New Online Form To Report Hazardous Substance Discharges”

Public Input Opportunity – Publication RR-0115, Guidance: Contaminated Sediment Fact Sheet

The Remediation and Redevelopment (RR) Program is now seeking input on the publication RR-0115, Guidance: Contaminated Sediment Fact Sheet

The fact sheet is a brief outline of the typical approaches that are used to navigate through Wisconsin Statutes (Wis. Stat.) ch. 292 and Wisconsin Administrative Code (Wis. Admin. Code) chs. NR 700 to 799 with respect to the investigation and remediation of contaminated sediment.

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 July 1, 2021 to Carrie Webb at CarrieA.Webb@wisconsin.gov or to DNRRRGuidance@wisconsin.gov.

Reminder: Required Form for Soil Boring Logs

The Remediation and Redevelopment (RR) Program reminds environmental consultants to use DNR’s soil boring log (DNR Form 4400-122) to document drilling performed at remediation sites.

Use of the agency’s soil boring log form is required in Wis. Admin. Code § NR 141.23(3) and NR 716.15(4)(g). You can download the form and instructions at the link above.

If you have questions, please contact your Project Manager.

 

RR Program Web and IT Updates

The Remediation and Redevelopment (RR) Program has created a new web page for contaminated soil and sediment, and recently completed additional webpage updates.

The new contaminated soil and sediment web page contains guidance and instructions on the soil RCL calculator and information about alternative soil assessments, soil and materials management under Wis. Admin. Code ch. NR 718, historic fill exemptions, contaminated sediments, PCBs in soil, smear zone contamination, and biodegradation as a remedial action.

If you already have Resources for Environmental Professionals bookmarked, a link to the new webpage can be found in the “Related Links” section, as well as at the top of that page for a limited time.

Continue reading “RR Program Web and IT Updates”

New Fillable PDF Form for Materials Management Plan

A new, fillable PDF form has replaced RR-072. The new form is 4400-315: Recommended Template for Request to Manage Materials under Wis. Admin. Code § NR 718.12 or NR 718.15

The purpose of this form is to provide an optional template format for consultants and responsible parties to demonstrate the proposed management of solid waste material qualifies for a Wis. Admin. Code § NR 718.12 or NR 718.15 exemption and to request written approval of the request.

Continue reading “New Fillable PDF Form for Materials Management Plan”

Exempt Soil Guidance Available

Exempt Soil Management: A Self-Implementing Option for Soil Excavated During a Response Action under Wis. Admin. Code chs. NR 700 through NR 750 (RR 103) is now available.

This 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. The document provides responsible parties clarity on what types of substances – if identified in soil – could generally be managed as “exempt soil” in accordance with state law without the department’s pre-approval or tracking.

Continue reading “Exempt Soil Guidance Available”