WDNR RR Report for January 17, 2012

Draft RR Guidance on Soil Residual Contaminant Levels

 

The Wisconsin Department of Natural Resources’ (DNR) Remediation and Redevelopment (RR) Program is seeking comments from the public on its draft Soil Residual Contaminant Levels (RCLs) guidance. .

 

The purpose of the draft guidance is to help environmental professionals calculate soil RCLs in accordance with the proposed changes to ch. NR 720, Wis. Admin. Code (Soil Cleanup Standards). The guidance (RR-890) and related documents can be found on our website.

 

The draft guidance has instructions on the proposed use of the following resources to

determine RCLs:

1.)   Web-calculator available from the US EPA Regional Screening Table; and,

 

2.)   RR Program’s Spreadsheet of RCLs (“RCLs.xls”).

 

The RCLs.xls file has direct-contact RCLs (both non-industrial and industrial) that were determined using: (1) the web-calculator with Chicago, IL, selected as the climatic zone; and (2) groundwater-protective RCLs with NR 140 Enforcement Standards as their basis.

 

When finalized, the draft RCL guidance (RR-890) will replace the guidance documents on soil-PAHs (RR-519), soil-Lead (RR-653) and the older EPA soil screening level web-calculator (RR-682) that are currently in use by the RR Program.

 

The DNR is accepting comments until March 2, 2012, by email or mail. Please forward your comments to Aristeo Pelayo at:

 

Aristeo.Pelayo@wisconsin.gov; or,

 

Aristeo Pelayo

Dept. of Natural Resources RR/5

P.O. Box 7921 

Madison, WI 53707-7921 

 

Revised Notice Letter Informs Parties of Contamination and Obligations

 

Currently, ch. NR 726 Wis. Adm. Code requires responsible parties to notify affected property owners and rights-of-way holders about residual groundwater contamination and the need to obtain well construction approval before drilling or reconstructing a well on a property affected by the contamination. However, this rule requirement is superseded by s. 292.12, Wis. Stats. This statutory provision requires that responsible parties notify affected property owners and right-of-way holders about residual soil and groundwater contamination, and about any continuing obligation likely to be imposed in a closure approval or a remedial action plan approval.

 

The RR Program is in the rulemaking process to address the specifics of the notification requirements (i.e., a revised model notification letter) and other issues. However, rule making takes time to complete. In the interim, the RR Program has developed a new, recommended template letter, based on the current law and draft rule revisions. The letter addresses the much broader scope of legally required notification situations, beyond just residual groundwater contamination.

 

In order to satisfy the current law, the Department recommends that the new letter be used for situations that require notice to neighboring property owners as well as tenants or owners of the source property when the responsible party is not the property owner.

 

Directions are provided both up front, and with each set of paragraphs per situation.

 

Paragraphs regarding the off-site exemption available under s. 292.13, Wis. Stats., are not applicable to all parties, and so should not be used if the owner of an affected property also owns the source property. The notification letter also provides information about the option of a contract between the responsible party and the affected property owner for maintenance of a continuing obligation. 

 

 

Report: Dry Cleaner Program Seeks Help to Continue Cleanups

 

A new report from the Governor’s Dry Cleaner Environmental Response Council asks the Wisconsin legislature for support to ensure that contaminated dry cleaner properties can still be cleaned up using the Dry Cleaner Environmental Response Fund (DERF).

 

In its five-year report to Governor Scott Walker and the legislature, the Governor’s Council recommends the legislature forgive a $6.2 million dollar loan to the program and investigate alternative sources of funding for dry cleaner cleanups. The Council also notes that dry cleaners, who currently pay 2.8% of their gross profits in fees to the cleanup fund, cannot likely support further rate hikes.

 

The Dry Cleaner Environmental Response Program (DERP) is a reimbursement program for certain dry cleaners for the investigation and cleanup costs of dry cleaning facilities. The program was closed to new applicants in 2008.

 

 

Brownfields and Cleanup News

 

Madison Eastside Icon Comes Down: After several starts and stops, work is finally underway to redevelop the former Royster Clark fertilizer plant [exit DNR] in Madison. A demolition kick-off event was held last month, to celebrate the success of the community-centric project. DNR supported the redevelopment through a $1.5 million Ready for Reuse loan to the City of Madison.

  

Crews begin demolition work at the former Royster Clark fertilizer plant in Madison (DNR photo).

Welcoming a New “Century”: In another “kick-off” event, the city of Milwaukee celebrated redevelopment work currently underway at the former A.O. Smith plant [exit DNR], which will now be known as Century City.

 

Redevelopment as Art: An art exhibit [exit DNR] at the Milwaukee School of Engineering looks at story behind the holistic transformation of former brownfield sites in the city. View some of the photos here. 

  

Plant Closings Continued in 2011: The RR Program continued its focus on closed and closing manufacturing plants in 2011. A news article highlights the state’s economic challenges last year [exit DNR], with regard to plant closings and mass layoffs.

 

More Redevelopment Rising In Sun Prairie: The Wisconsin Economic Development Corporation is putting $350,000 in Brownfields Grant money [exit DNR] towards a new senior housing development in Sun Prairie.

 

 

Online Training Opportunities from ITRC

Click the links below for more information about upcoming classes.

 

January 24 -  Permeable Reactive Barrier: Technology Update

January 26 - Incorporating Bioavailability Considerations in the Evaluation and Remediation of Contaminated Sediment Sites

    

 

Special Edition of ReNews Now Available

 

The latest edition of the RR Program’s quarterly newsletter “ReNews” is now available to read online. This issue has a special focus on topics that environmental consultants will find interesting.

 

Featured articles in this issue include:

 

• Submitting Reports and Closure Requests
• Screening the Vapor Intrusion Pathway
• Proper Abandonment of Monitoring Wells
• Qualifying for the Lender Liability Exemption
•  Draft Guidance on Soil Residual Contaminant Levels