RR Report - July 8, 2013 (Special PECFA Edition)

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SPECIAL EDITION: PECFA

Editor’s Note

This edition of the RR Report is devoted to various topics regarding the transfer of the Petroleum Environmental Cleanup Fund Award program (PECFA) from the Dept. of Safety and Professional Services (DSPS) to DNR’s Bureau for Remediation and Redevelopment. The RR Report will continue to highlight the program and the transfer of roles and responsibilities in future editions.


PECFA Program Moves to DNR

The Petroleum Environmental Cleanup Fund Award (PECFA) program was initiated in the late 1980s as one of many state programs across the country to reimburse owners and operators of leaking petroleum storage tanks for the costs of environmental cleanup. As of December 2011, PECFA has provided over $1.5 billion dollars to address contamination at nearly 16,000 petroleum sites.

As part of the 2013-2015 biennial budget the financial administration staff and the technical staff overseeing the low and medium priority portions of the PECFA program previously housed with the Department of Safety and Professional Services (DSPS), have transferred to the Remediation and Redevelopment Program at the Department of Natural Resources (DNR), effective July 2, 2013. While the program has officially transferred, staff from DSPS will not be in DNR offices until sometime later this month.

Benefits and Taxpayer Savings

The transfer of the PECFA program is expected to result in benefits to both taxpayers and PECFA customers. The state will realize just over $1 million in program savings during the two-year budget cycle. The transfer consolidates similar petroleum cleanup programs under one state agency, thus eliminating duplication of services. The goal is to have customer service improve because all PECFA-related issues can be addressed in a unified, consistent manner.

What Happens Next?

The Department’s goal is to ensure that the transition of staff and services proceeds as smoothly as possible without disruption for PECFA customers.

For the time being, all current PECFA customers will keep the same project manager, who can be reached with the existing contact information, until approximately mid-July. When contact information for those people changes, that information will be shared through the RR Report and online at dnr.wi.gov/topic/Brownfields/PECFA.html.

Another change PECFA customers will notice is that the low and medium priority sites previously under DSPS jurisdiction will now be subject to DNR closure fees, as outlined in ch. NR 749, Wis. Admin Code.  Those fees apply to any case closure submitted on or after July 2, 2013. Further, DNR offers a number of liability and financial incentives that may be of interest to PECFA customers, especially those buying, leasing and selling property. 

If you have questions or concerns regarding the transfer or any of the interim steps as we work to combine the programs, please email DNRPECFAcomments@wisconsin.gov or call Tim Panzer at 608-267-2465 or Tim Prosa at 608-261-7715.
 

FAQs: PECFA Transfer to DNR

Why is the PECFA program moving from DSPS to DNR?
The transfer is part of the state’s 2013-2015 state budget. With it, the state will see just over $1 million in program savings during the two year budget cycle. The transfer consolidates similar petroleum cleanup programs under one roof and eliminates duplication of services. Better customer service is provided because all PECFA-related issues can be addressed in a unified, consistent manner.

When does the transfer take effect?
Officially, the transfer took place on July 2, 2013, the effective date of the state budget. Staff from DSPS will move into their new DNR offices in mid- to late July.

Will DNR acquire all the petroleum tank-related programs from DSPS?
No. Only the financial and technical oversight portions of the PECFA program are moving to DNR. The responsibility for administering Wisconsin’s storage tank regulations – including the tank registry database – is moving to the Dept. of Agriculture, Trade and Consumer Protection. 

Will there be a website for the PECFA program at DNR?
Yes, a website is available and the address is: dnr.wi.gov/topic/Brownfields/pecfa.html

What is the mailing address for submitting PECFA claims?
The address generally remains as it has been:

DNR PECFA Program
Remediation and Redevelopment Program
PO Box 8044
Madison, WI 53708-8044

Are there any new fees associated with the program now that it’s at DNR?
Yes. Like the high priority sites that have been the jurisdiction of the DNR, the transferred DSPS sites that are considered low- and medium-risk sites will now be subject to the case closure fees in ch. NR 749, Wis. Admin. Code.  This will apply to any case closure submittal received by the DNR on or after July 2, 2013. 

What forms, guidance and publications should consultants and responsible parties (RPs) use in the future?
After July 2, 2013, RPs and consultants should be using DNR forms, publications and guidance, which can be accessed on the RR program’s web pages. If you have questions, please contact Tim Panzer at Timothy.Panzer@Wisconsin.gov.

Which case closure form should be used?
For any case closure request submitted to the DNR after July 2, 2013, it should be submitted on the DNR’s case closure request form at:  dnr.wi.gov/files/PDF/forms/4400/4400-202.pdf. However, in recognition of this transfer period, DNR will accept the old DSPS closure form for any low- or medium-priority sites up until August 2, 2013. Any new case closure request postmarked on or after August 2, 2013, will need to be submitted using DNR form 4400-202.

How can I reach the former DSPS staff?
The PECFA claims review staff and hydrogeologists working in Madison will soon be located in the DNR’s central office at 101 S. Webster St., Madison. The remaining DSPS staff will be located generally in the same areas of the state as they currently serve.

Location and telephone numbers for the PECFA staff will be available soon. That information will be shared on the following webpages when it becomes available: dnr.wi.gov/topic/‌Brownfields/Contact.html and dnr.wi.gov/topic/Brownfields/PECFA.html

Why does the DNR still refer to DSPS administrative codes and ch. 101, Wis. Stats?
Following adoption of the 2013-2015 budget, the Legislative Reference Bureau will initiate the process to make necessary changes to the Wisconsin Administrative Code. This process will take time to complete and, during such time the regulations currently identified as “DSPS” will remain effective.

At the end of the legislative session the Legislative Reference Bureau updates and prints the Wisconsin Statutes. Following adoption of the budget, online references to the Statutes will be updated to reflect the changes. Official publication of the updated statutes will take longer. The statutory authority transferred to DNR will become part of the ch. 292, Remedial Action, and is effective upon adoption of the 2013-2015 budget. 

How will I access the DSPS electronic databases?
The Department is in the process of moving the DSPS PECFA-relevant databases (Tracker, Consultant Registry) over to DNR. Until the transfer occurs, continue to access the DSPS databases.  The links are available on the DNR PECFA website.

Will a new electronic newsletter replace the PECFA Update?
Yes. PECFA information will be routinely shared through the RR Report. You can sign up for the RR Report here dnr.wi.gov/topic/brownfields/news.html.

If you have any other specific questions or suggestions regarding the transfer of the PECFA program to DNR or its operations, please submit your thoughts to: DNRPECFAcomments‌@wisconsin.gov

PECFA Staff Office Assignments

Many of the PECFA staff will join their new DNR colleagues at the central office building in downtown Madison. Phone contact information is still being processed, and that information will be shared immediately when it becomes available. Email addresses for all staff will remain the same.

Madison Staff

Alles, Andy - Hydrogeologist 
Curley, Lori Ann - Communications Specialist
Heberer, Jon - Hydrogeologist                    
Larson, Gena - Hydrogeologist                  
Moser, James - PECFA Program Specialist
Prosa,Tim - PECFA Program Specialist
Scott, Eric - Hydrogeologist
Smith, Ralph - Hydrogeologist        
Swimm, David - Hydrogeologist
Zeichert, Tim - Hydrogeologist            

Field Staff

Janesville
Wenzel, Shawn - Hydrogeologist

Oshkosh
Erdman, Beth - Hydrogeologist
Verstegen, Thomas - Hydrogeologist

Wisconsin Rapids
Lance, Dee - Hydrogeologist                        

Waukesha
Michael, Greg - Hydrogeologist
Weis, Monica - Hydrogeologist

Plymouth
Delcore, Lee -Hydrogeologist

Milwaukee
Michalets, Linda - Hydrogeologist
 

PECFA Contact Information

DNRPECFAcomments@wisconsin.gov
Tim Panzer (608-267-2465) or Tim Prosa (608-261-7715)