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The Wisconsin Department of Natural Resources’ (DNR) reporting required under NR 700, Wis. Adm. Code, for the period of Jan. 1, 2022 to June 30, 2022, is due by July 30, 2022. Semi-annual reporting is required of responsible parties (RPs) for all open sites, including those sites the DNR formerly classified as “conditionally closed” in the Bureau for Remediation and Redevelopment Tracking System (BRRTS) online database. Consultants may submit these reports on behalf of RPs.
The DNR will send an email with a unique Report Identification (ID) number to contacts of sites listed in the database during the first week of January 2022. If you did not receive an email by July 7, 2022, you can request a Report ID number by submitting the Report ID Request Form.
The Report ID number uniquely identifies the activity you can report, the reporting period and verifies the person using the Report ID is authorized to submit the report. If you have any questions, please contact Tim Zeichert at Timothy.Zeichert@wisconsin.gov or 608-219-2240.
State law requires semi-annual reports from people who meet the definition of a responsible party in NR 700, Wis. Adm. Code. Property owners, such as local governments that have an exemption under Wis. Stats. §§ 292.11(9)(e) or 292.23, and lenders that have an exemption under Wis. Stats. § 292.21 for specific properties are not required to submit a semi-annual report for those exempt properties under state law.
Sites formerly classified by the DNR as “conditionally closed” are open sites that have not been granted case closure and, by definition, have remaining action(s) needed (e.g., properly abandoning monitoring wells or investigative waste needing to be removed).
Semi-annual reporting for sites formerly classified as “conditionally closed” should indicate what actions are being taken to complete the remaining actions.
The next reporting period is from July 1, 2022, to Dec. 31, 2022.
The DNR announced the issuance of the Mineral (Nonmetallic) Mining and/or Processing General Permit, WPDES General Permit No. WI-0046515-07-0. Pursuant to ss. 203.12 and 205.08(10)(e), Wis. Adm. Code, the DNR has made a final determination to reissue the general permit. The general permit is effective Jan. 1, 2023. The general permit will be in effect for five years and will expire on Dec. 31, 2027.
The mineral (nonmetallic) mining and/or processing general permit covers storm water and wastewater discharges to waters of the state from nonmetallic mineral mining operations, nonmetallic mineral processing operations or other similar activities identified by Standard Industrial Classification Codes (SIC Codes) 1400 to 1499, except discharges within Indian Country. Wastewater discharge activities covered under this permit include process generated wastewater, mine dewatering water, pit/trench dewatering water, vehicle washwater, dust suppression water from controlling dust at the site and other similar wastewaters as determined by the department to be applicable under this general permit on case-by-case basis.
This permit is issued under the statutory authority granted to the DNR pursuant to ss. 283.33 (storm water discharge permits) and 283.35 (general permits), Wis. Stats., and applies to new and existing storm water and wastewater discharges for facilities that discharge to waters of the state meeting the applicability criteria of the general permit as of the effective date. This general permit contains requirements specified under Chs. NR 140, NR 151, NR 205, NR 213, NR 216, NR 269, Wis. Adm. Code.
The final general permit, fact sheet, and response to comments are available on the Industrial Storm Water webpage.
Facilities that have previously obtained permit coverage for their operations under a storm water permit can confirm this notice is applicable by using the permitted facility search function.
Further information concerning the DNR’s response to comments, the final general permit and related documents may be obtained by contacting Jason Knutson, Wastewater Section Chief – Water Quality Bureau, at Jason.Knutson@wisconsin.gov or 608-977-0713. Regional contacts from Storm Water or Wastewater are also able to assist.
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EPA Issues Draft Revisions to its Risk Determination for Methylene Chloride (MC) under the Toxic Substance Control Act
On July 5, 2022, U.S. Environmental Protection Agency (EPA) published a draft revision to its risk determination for methylene chloride, also referred to as “MC.” Previously, in June 2021, EPA published a risk evaluation for MC, finalizing determinations of unreasonable risk for specific conditions of use based on risks to the environment, workers and occupational non-users.
As a result of recent policy changes, EPA is replacing its condition of use-specific unreasonable risk determinations with a determination of unreasonable risk for MC as a whole chemical substance driven by certain condition of uses. Also, as part of the revision, EPA is removing the assumption of personal protective equipment use by workers which means that 52 of the 53 conditions of use that drive the unreasonable risk determination based only on risks to the environment are now also being proposed to drive unreasonable risk based on health risks to workers.
Comments are due on Aug. 4, 2022.
Read the revised risk determination and submit comments to EPA.
EPA Issues Draft Revisions to its Risk Determination for 1-Bromoproane (1-BP) under the Toxic Substance Control Act
On July 20, 2022, EPA published a draft revision to its risk determination for 1-bromopropane, also referred to as “1-BP.” Previously, in August 2020, EPA published a risk evaluation for 1-BP, finalizing determinations of unreasonable risk for specific conditions of use based on risks to the environment, workers and occupational non-users.
As a result of recent policy changes, EPA is replacing its condition of use-specific unreasonable risk determinations with a determination of unreasonable risk for 1-BP as a whole chemical substance driven by certain condition of uses. Also, as part of the revision, EPA is removing the assumption of personal protective equipment use by workers which means that 23 of the 25 conditions of use are now being proposed to drive unreasonable risk based on health risks to workers.
Comments are due on Aug. 19, 2022.
Review the federal register and the risk determination documents.
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