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The Wisconsin Department of Natural Resources (DNR) has issued the “Construction Site Storm Water Runoff General Permit” Storm Water Associated With Land Disturbing Construction Activity, Permit No. WI-S067831-6.
The Construction Site Storm Water Runoff General Permit covers storm water discharges to waters of the state from land disturbing construction activities affecting or anticipated to affect one acre or more of land. The general permit became effective Oct. 1, 2021 and will expire on Sept. 30, 2026.
The final general permit, fact sheet and response to comments are available on the Construction Site Storm Water Permit webpage.
Facilities that have previously obtained construction site storm water permit coverage from the DNR can confirm this notice is applicable by using the permitted facility search function on the Construction Site Storm Water Permit Data webpage.
Further information concerning the DNR’s response to comments, the final general permit and related documents may be obtained by contacting:
Melissa Yarrington
DNR Storm Water Program Coordinator, Wisconsin DNR
P.O. Box 7921, Madison WI 53707-7921
Melissa.Yarrington@Wisconsin.gov or 715-401-1794
Gov. Evers recently announced a new initiative to develop the Wisconsin Environmental Equity Tool (WEET), an online portal for accessing, analyzing, and visualizing data so users can pinpoint Wisconsin's most impacted communities, identify the environmental and health challenges, and prioritize investments to continue building healthy, resilient communities. Four state agencies are developing the tool in consultation with other partners and community members. There are opportunities to impact the development of this tool listed below under the Input Opportunities section below.
Visit the WEET website, hosted by the Wisconsin Economic Development Corporation, to learn more about environmental equity and justice screening and mapping tools. Stay up to date on new information, future input sessions, and other project updates through this WEET e-newsletter.
The DNR announced the newly released 2021 Wisconsin Air Quality Trends report shows Wisconsin’s air quality continues to improve, building on a nearly 20-year trend.
According to the annual report, concentrations of monitored pollutants are decreasing throughout the state, and a majority of the state is meeting all federal air quality standards.
This year’s report includes official state monitoring data through 2020 for air pollutants regulated under the federal Clean Air Act, including ground-level ozone, particle pollution, sulfur dioxide, nitrogen dioxide and carbon monoxide.
“Based on extensive health studies, the Environmental Protection Agency (EPA) establishes specific air quality standards for each pollutant,” said Katie Praedel, DNR Air Monitoring Section Chief. “The DNR’s job is to measure pollutants around the state to determine if concentrations are below the health-based federal standards.”
Wisconsin has seen dramatic reductions from industrial sources of air pollutants. Since 2002, industrial source emissions of volatile organic compounds (VOCs) have dropped 39 percent. VOCs react in the air to form ozone, so this decline in emissions is very important to meeting state ozone goals. Emissions of sulfur dioxide have decreased 92 percent. Fine particle concentrations have decreased 35 percent since 2002, and the entire state is meeting the federal standard, which was not the case a decade ago.
The DNR’s Air Program attributes the overall pollutant concentration decrease to the implementation of a variety of federal and state pollution control programs. The greatest reductions are a direct result of cleaner burning and more efficient fuel combustion from highway vehicles and electric utilities.
The 2021 Air Quality Trends Report, along with previous reports, are available on the DNR’s Air Quality webpage. Current Wisconsin air quality conditions can be found on the Wisconsin Air Quality Monitoring data webpage.
As of Oct. 1, 2021, two new chapters of the Wisconsin Administrative Code come into effect. The new chapters, NR 756 and NR 758, both relate to financial assurance requirements for certain types of contaminated sediment sites.
Ch. NR 756 – Financial Responsibility at Contaminated Sediment Sites with Engineering Controls
Responsible parties have choices on how to clean up sediment sites – they can remove the material, cap it all, or do a combination of removal and capping in place. This chapter applies to responsible parties who elect to use an engineering control – such as a cap – to control contaminated sediment, instead of conducting a full removal of the contaminated material. This chapter provides the DNR the option to request that the responsible party provides financial assurance for maintenance of the engineering control, and in the event the engineering control fails, for additional cleanup. In addition, if cleanup of sediment is impeded by a structure – for example a bridge abutment in a river prevents full removal of contaminated sediment – this chapter provides the DNR the option to require the responsible party to provide financial assurance for cleanup of the remaining sediment should the impediment be removed in the future.
Ch. NR 758 – Insurance and Financial Responsibility at Contaminated Sediment Sites in the Voluntary Party Liability Exemption Program
This chapter applies to persons in the Voluntary Party Liability Exemption Program (VPLE) who clean up contaminated sediment. It provides the DNR the option to require the voluntary party to provide financial assurance for the costs of future remedial action, to be used in the event the selected remedy fails.
These chapters initially went into effect as emergency rules in September 2020. Following publication in the September 2021 edition of the Wisconsin Register, both chapters are now in effect as permanent rules.
The DNR may develop guidance materials to assist the public in using these rule chapters. Before guidance becomes final, DNR will seek public input by posting a draft of the guidance to the Remediation & Redevelopment Program Public Notices web page.
Two RR Program Publications Open For Comment Through Oct 28
The Remediation and Redevelopment (RR) Program is now seeking input on two publications: RR-0126, Guidance for Sediment-Related Continuing Obligations for Environmental Protection, Wis. Stat. § 292.12(5m), and RR-0117, Guidance: When should a site investigation enter surface water?
- DNR Publication RR-0126 is intended to help property owners understand their obligations under Wis. Stat. § 292.12 regarding continuing obligations that are imposed due to residual contamination remaining on their property.
- DNR Publication RR-0117 refers to Wis. Admin. Code ch. NR 716, which requires a site investigation to evaluate known or potential impacts to environmental media (including sediment and surface water) and receptors (e.g., fish, bird, animal and plant life) as well as the potential pathways for migration of contamination.
Both documents can be found at the RR Program’s Public Notices & Guidance web page under the “Program Guidance” tab. Comments regarding either document may be submitted through October 28, 2021 to Carrie Webb at CarrieA.Webb@wisconsin.gov or to DNRRRGuidance@wisconsin.gov.
DNR Accepting Public Comments on Proposed PFAS-Containing Firefighting Foam Rule; Public Hearing Scheduled For Nov. 4
The DNR has developed a proposed rule related to PFAS-containing firefighting foam as required per 2019 Act 101 and s. 299.48, Wis. Stats. This includes the determination of appropriate containment, treatment and disposal or storage measures for firefighting foam testing facilities. The DNR is now holding a public comment period on this proposed rule.
Materials for review may be found on the DNR's website on the Proposed Permanent Administrative Rules page under NRB Order Number WA-07-20. Comments will be accepted through Nov. 11, 2021.
A public hearing will also be held virtually via Zoom on Nov. 4, 2021, at 1 p.m. Pre-registration is required. Details are available in the public hearing notice.
Comments on the proposed rule may be emailed to Jason Lowery at jason.lowery@wisconsin.gov or provided verbally at the public hearing.
Provide input on Wisconsin Environmental Equity Tool (WEET) development at November public listening sessions
Your voice on this issue is really important and the development team wants to hear from you! They want to ensure the screening and mapping tool reflects real-world experiences, especially people from Wisconsin's communities of color, low-income communities, rural communities, tribal nations, and immigrant communities who are often burdened with the greatest environmental and health consequences and inequities. They want to learn about your community's successes, challenges, and needs, as well as what you hope to see in the new tool. There are several ways you can share your experiences and ideas:
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Register below for one of three virtual, public listening sessions in November. (Please note that each session date has a unique registration link.) You can participate on Zoom online or call in using a toll-free phone number. Interpretation for the listening sessions is available by request in Spanish, Hmong and American Sign Language.
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Provide input in an online survey.
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Send written comments or questions to EnvEquity@wedc.org.
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Attend a meeting of the WEET Advisory Committee once it’s formed in 2022.
Additional in-person listening session may be scheduled once it is safer to meet indoors.
EPA’s Draft FY 2022-2026 Strategic Plan Available for Comment
EPA’s Draft FY 2022-2026 EPA Strategic Plan was published in the Federal Register and is available for public comment through November 12, 2021. The Strategic Plan communicates and provides a roadmap to achieve EPA’s priorities over the next four years through the seven goals and four cross-agency strategies. For the first time, EPA’s plan includes a strategic goal focused on addressing climate change, as well as a strategic goal to advance environmental justice and civil rights.
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