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The Wisconsin Department of Natural Resources (DNR), Wisconsin Department of Health Services (DHS) and Wisconsin Emergency Management (WEM) announced a new tool to assist community leaders and elected officials in understanding their options for addressing per- and polyfluoroalkyl substances (PFAS) contamination in drinking water.
Wisconsin’s Community Response to PFAS in Drinking Water provides background information about PFAS in public and private drinking water, options to consider when PFAS are found and how to contact state agencies to request assistance. The DNR worked with PFAS-impacted communities to get input on this document to ensure it is helpful for other local leaders. This resource is part of an ongoing effort to put tools and information into the hands of communities, so they are informed, prepared and empowered to act if PFAS are detected.
In Feb. 2023, the U.S. Environmental Protection Agency (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.
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.
For more details on the new rule, go to the RR Report.
State and federal agencies recognize the benefit of finding alternative uses for used oil, such as in the production of fuels and lubricants, while recognizing the potential for environmental damage when mismanaged. State regulations on used oil management are found in ch. NR 679, Wis. Adm. Code. Used oil and oil filters are banned from landfill disposal in Wisconsin per s. 287.07, Wis. Stats.
Most used oils have been used as lubricants, hydraulic fluids or heat transfer fluids and as a result of that use, are contaminated by physical or chemical impurities. Used oil does not include fuel storage tank bottoms, spill cleanup material, animal and vegetable oils, greases and materials used as cleaning agents or for their solvent properties, or other waste that results from oil that has not been used.
Used oil includes materials such as antifreeze, motor oils, greases, emulsions, machine shop coolants, heating media, brake fluids, transmission fluids, other hydraulic fluids, electrical insulating oils, metalworking fluids and refrigeration oils. This is a departure from how used antifreeze has traditionally been regulated in Wisconsin, so the DNR hazardous waste staff are updating guidance documents and website material to provide additional information.
There are several guidance documents available that provide more detail on used oil management.
Wetland General Permit Reissuance: Public Comment due June 3, 2023
The DNR has prepared a draft reissuance of GP1, the statewide general permit for wetland impacts associated with the residential, commercial and industrial development.
The proposed permit has specific eligibility criteria including the project purpose and need, size of impact, and potential environmental resources that can be impacted, among other things. Once in place, the permit will be valid for five years and will allow members of the public to apply for coverage if a project meets all eligibility criteria and conditions. The DNR is also proposing an update to the GP1 surcharge fee in s. 281.36 (11) (a), Wis. Stats.
Draft Document Links:
Please send comments to Ryan Pappas by June 3, 2023, or mail to: Wisconsin DNR, 1027 W. St. Paul Ave., Milwaukee, WI 52323.
Small Entity Representatives Sought for Small Business Advocacy Review panel
The U.S. Small Business Administration Office of Advocacy is seeking more small entity representatives to participate in a Small Business Advocacy Review (SBAR) panel for the Other Solid Waste Incinerator (OSWI) rule. In addition to any small businesses impacted by the rule, the Office of Advocacy is interested in having hospitals and universities participate.
Nominees can email David Rostker at David.Rostker@sba.gov or at RFA-SBREFA@epa.gov. The subject line should be SER Self-Nomination for OSWI NSPS and EG, and the following information should be included: name, name of business/organization representing, size of business or organization, address, contact information.
Also include any additional information that may be relevant to indicate how the OSWI rule may impact the business or organization’s members and why that nominee is a good fit for the SBAR panel. Nominations will be accepted until the panel meets with the SERs.
Training on New Electronics Recycling Rule Expected to Take Effect in July
The DNR’s proposed electronics recycling rule is expected to take effect July 1, 2023. The rule specifies requirements for collecting, storing, transporting and processing electronics. Most Wisconsin facilities that dismantle or further process electronics will need a solid waste processing approval and license from the DNR. The new rule affects all electronics collection sites and recyclers, not just those registered with E-Cycle Wisconsin.
The DNR will hold a webinar on May 23 and a series of in-person workshops beginning in June to provide stakeholders with more details and answer questions. The webinar will be recorded and made available afterward.
Use the following links to register:
Check out the agenda for more details about the in-person workshops. The DNR expects to schedule additional workshops in western and southeastern Wisconsin later in the summer.
ITRC Vapor Intrusion Mitigation Training June 1 and June 6
The Interstate Technology Regulatory Council (ITRC) will offer online vapor intrusion training over two sessions on June 1 and June 6, 2023.
The Vapor Intrusion Mitigation training series provides an overview of vapor intrusion mitigation and presents information on how to utilize the ITRC’s Vapor Intrusion Mitigation Interactive Directory. The interactive directory includes up-to-date fact sheets, technology information sheets and checklists. For more details on the topics covered in the training, go to the RR Report.
To attend, register at the CLU-IN Vapor Intrusion Mitigation webpage.
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