US EPA

RR Program Encourages Review Of U.S. EPA Policy Statement On LUST Releases And Advanced Site Characterization Tools

Posted on by Coreen Fallat

In September 2025, the U.S. Environmental Protection Agency (EPA) issued a policy statement encouraging states to move LUST cases toward closure. DNR encourages consultants to familiarize themselves with the EPA policy statement and the latest science related to petroleum-related site investigation tools, remediation and attenuation. The policy statement recommends action to move more sites to closure by:  

  • Reevaluating and assessing threats from open UST releases. 
  • Incorporating current best practices, tools, and scientific understanding of petroleum releases into their threat assessment – tools and science that might not have been available when the threats from the release sites were first evaluated and the original cleanup goals established. 
  • Making the threat assessment process open and transparent so owners and other stakeholders can be better informed about the threats posed by releases and collaborate with regulators on a course of action going forward. 

While the Wis. Admin. Code NR 700 series allows residual contamination to be left in place upon closure and exposure threats are already a significant part of closure-related decisions, several of the cases in Wisconsin have stalled due to incomplete site investigations. Defining the extent of contamination in all applicable media is required (Wis. Admin. Code § NR 716.11(3)(a)). Using advanced site characterization tools can be an efficient and cost-effective method of completing site investigations, particularly at LUST sites. Information and case studies about several of these technologies is available from ITRC and the U.S.EPA. In addition, a High-Resolution Site Characterization (HRSC) toolkit is currently in development by the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) Tanks Subcommittee for release in 2026 or 2027.   

This policy statement was preceded by an ASTM Standard published in May 2025 providing related technical resources.  

Given the significant role of natural attenuation in the remediation of LUST cases, consultants are also encouraged to familiarize themselves with RR program’s updated Monitored Natural Attenuation Guidance (RR-0156). 

For questions related to the RR LUST Program, please contact Jason Lowery at 608-228-4737 or Jason.Lowery@wisconsin.gov or visit the RR Petroleum and LUST webpage.

DNR Requests Proposals For Three Brownfield Projects

Posted on by Coreen Fallat

The Wisconsin Department of Natural Resources (DNR) has posted requests for proposals on three brownfield planning projects. The projects are funded by a fiscal year 2025 Small Technical Assistance Grant from the U.S. Environmental Protection Agency (EPA). 

Peshtigo Brownfield Site Reuse Concept Planning 
The DNR is seeking proposals from qualified firms interested in providing consulting services to assist with brownfield redevelopment planning to identify redevelopment opportunities for a 0.54-acre property in downtown Peshtigo, Wisconsin, formerly known as The Landmark. The property has been vacant for 15 years and poses safety concerns for the city.  

Turtle Lake Brownfield Site Reuse Concept Planning
The DNR is seeking proposals from qualified firms interested in providing consulting services to assist with brownfield redevelopment planning at the 1.037-acre site of the former Turtle Lake Creamery in the village of Turtle Lake, Wisconsin. Following 50 years of use as a creamery, the property was used to store telecommunications equipment. Residual contamination is present at the site after some cleanup in 2015. The village took ownership of the property in 2022.  

Wisconsin Rapids Brownfield Site Reuse Planning
The DNR is seeking proposals from qualified firms interested in providing consulting services to assist with brownfield redevelopment planning at the 1.69-acre former site of the Northern Steel Castings foundry in the city of Wisconsin Rapids, Wisconsin. The city is interested in acquiring the property from Wood County, which took ownership of the property in 2023. This project will help advance the redevelopment of the site for the benefit of the city and the county. 

Proposals are due Nov. 22, 2024. The RFPs are available on the RR Program Public Notices webpage.   

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

Posted on by Jodie Thistle

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:

NEW EPA Resources For All Appropriate Inquiries (AAI)

Posted on by Christine Sieger

In Feb. 2023, the U.S. Environmental Protection Agency (U.S. EPA) published a final rule to amend the EPA’s Standards and Practices for All Appropriate Inquiries (AAI). 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 EPA recently published several new resources that address the new ASTM standard for Phase I Environmental Site Assessments (E1527-21):

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 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.

EPA Offers Brownfields 101 Training

Posted on by Christine Sieger

The US Environmental Protection Agency (EPA) Region 5 will offer online training about Brownfields 101.

Brownfields 101 – April 11, 2023, 9:30-11 a.m. CST

This training will cover brownfields basics, assessing environmental conditions, and ownership and management. Register online.

Access additional information, resources, and materials about EPA Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin) on the Brownfields and Land Revitalization in EPA Region 5 website.

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.

State Acknowledgement Letter for EPA Grants: State Deadline & New EPA Requirement

Posted on by Jodie Thistle

The U.S. Environmental Protection Agency (EPA) is now accepting applications for FY23 Brownfields Multipurpose, Assessment, Revolving Loan Fund (RLF) & Cleanup (MARC) Grants. The deadline for applications is Nov. 22, 2022.

If your community or organization intends to apply for an FY23 MARC Grant, the EPA requires grant applicants – except tribal entities – to obtain a state acknowledgement letter from the Wisconsin Department of Natural Resources (DNR). The letter acknowledges that the state is aware of the community or organization’s application for a federal grant and intent to conduct brownfield assessment or cleanup activities.

New EPA Requirement for Cleanup Grants. A new EPA requirement for cleanup grant applicants affects the state acknowledgment letter for cleanup grants. Cleanup grant applicants must demonstrate that a proposed property was sufficiently characterized and is ready for the cleanup to begin (or will be ready to begin by June 15, 2023). For any requested state acknowledgement letters for cleanup grants, the DNR may describe:

  • The general status of a property in the state’s contaminated site cleanup process
  • The enrollment eligibility of the property in the voluntary party liability exemption program
  • The specific site characterization and remediation status of the property, as listed in BRRTS, as well as the status of submittals and any requested DNR technical reviews

Request a DNR Acknowledgement Letter by Nov. 4, 2022. Send written requests for state acknowledgement letters to Molly Schmidt at MollyE.Schmidt@Wisconsin.gov no later than Nov. 4, 2022, to allow adequate time to draft and receive the letter prior to the EPA’s application deadline of Nov. 22, 2022.

  • For all grants, include the following information:
    • Type of grant being applied for: multipurpose, assessment, cleanup or revolving loan fund
    • The name, title and mailing address of the person to whom the letter should be addressed (i.e., the representative of the entity applying for the grant)
    • A general description of the community concerns about the property related to brownfields, socioeconomic challenges and redevelopment needs
  • For assessment grants, include the following information:
    • The property address, a brief history of ownership, a brief history of site-specific land use and why the property is suspected of being contaminated; include DNR Bureau for Remediation and Redevelopment Tracking System (BRRTS) identification number(s), if applicable
  • For cleanup grants, include the following information:
    • The property address, a brief history of ownership, a brief history of site-specific land uses and why the property is known to be contaminated; include BRRTS identification number(s), if applicable
    • A statement of whether the applicant and/or landowner intends to enroll the property in the voluntary party liability exemption program
    • The approximate timeframe to complete site investigation, begin cleanup at the property, submit reports required under Wis. Admin. Code chs. NR 700-799 and estimated time for DNR staff review
  • For petroleum contamination cleanup or assessment grants, include the following information:
    • The current property owner, occupant and the immediate past-owner of the property
    • The date and method by which the current owner acquired the property (e.g., purchase, tax foreclosure)
    • Whether the applicant, the current owner, or immediate past-owner dispensed or disposed of petroleum on the property
    • Whether the applicant, the current owner, or immediate past-owner took reasonable steps to contain any known contamination
    • Whether there are any state or federal environmental judgments or orders, or third-party suits or claims against the current or immediate past-owner, and if the current or immediate past-owner has the financial means to comply
    • Reasons why any of the above information may not be available

Grants awarded by the EPA provide resources that can be used for various brownfield activities, with an opportunity to transform contaminated sites into community assets that attract jobs and achieve broader economic development outcomes.

EPA Grant Information. For grant guidelines and application resources, visit the EPA’s FY23 Brownfields Multipurpose, Assessment, RLF and Cleanup Grant Resource webpage.

Free, Professional Services To Help Your Community With Brownfield Properties

Posted on by Jodie Thistle

Does your community have any run-down, tax delinquent or otherwise derelict properties that you would like to see get redeveloped? Is the reuse of these properties complicated by known or potential environmental contamination? If so, help is available.

The U.S. Environmental Protection Agency (EPA) funds a national program run by Kansas State University that provides free assistance to help communities, tribes and nonprofit organizations get brownfield properties redeveloped.

The program is named the Technical Assistance for Brownfields program, or KSU TAB for short. Contact Beth Grigsby, KSU TAB Regional Coordinator, at 317-601-3839 or bethgrigsbylpg@gmail.com to ask about and apply for services for your community.

KSU TAB Services Include:

  • Help identifying and inventorying brownfields
  • Strategic planning and redevelopment visioning
  • Assistance in identifying stakeholders and partners
  • Economic feasibility and sustainability analysis
  • Educational workshops
  • Community outreach and input
  • Help in identifying funding sources
  • Resource roundtables, funding strategies
  • Review of grant applications
  • Assistance with the use of the TAB EZ tool to write individual grant applications
  • Help finding and evaluating environmental consultants
  • Assistance with request for qualifications (RFQs), request for proposals (RFPs) and evaluation criteria
  • Review of plans and technical reports
  • Assistance with understanding results of Phase I, II environmental site assessment reports and cleanup plans

The DNR also has staff who can help your community with brownfield properties. More information and resources about brownfield redevelopment in Wisconsin is available on the DNR’s brownfields webpage or by contacting DNR brownfields staff.

DNR Awards Brownfields Grant To City Of Beaver Dam

Posted on by Mick

The Wisconsin Department of Natural Resources (DNR) has awarded a Brownfields Grant to the City of Beaver Dam to assist with the investigation of potential environmental contamination at the site of a former auto dealership and repair shop.

The grant is from the DNR’s Wisconsin Assessment Monies program, which provides contractor services worth up to $35,000 for the environmental assessment of eligible brownfields sites.

Continue reading “DNR Awards Brownfields Grant To City Of Beaver Dam” →