The U.S. Environmental Protection Agency (EPA) has published the final reclassification from “marginal” to “moderate” nonattainment under the 2015 ozone standard affecting Milwaukee, Ozaukee and portions of Kenosha, Racine, Waukesha, Washington, and Sheboygan counties.
The effective date of reclassification is Nov. 7, 2022. The reclassification to moderate nonattainment will impact certain facilities that conduct coating of miscellaneous metal parts, plastics parts or use adhesives by lowering thresholds for applicability of reasonably available control technology (RACT) regulations. Affected sources were sent information specific to RACT rules. For more information on RACT rule applicability changes due to this nonattainment reclassification visit the Painting and coating webpage.
The reclassification also affects the emission offset ratios for major source construction permitting. However, the thresholds for determining whether a construction permit is needed or whether a facility is a major source are not affected by this reclassification.
If facilities have questions on the reclassification and how it may affect air permitting and applicability of regulations, they can contact their DNR compliance engineer. Find the compliance engineer's contact information by using the Air Permit Search Tool to locate the facility and select the DNR Air Contacts tab. The nonattainment information for permitted facilities on the Permit Search Tool and the interactive nonattainment area map will be updated once the new ozone nonattainment classification is effective.
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The Remediation and Redevelopment (RR) Program updated its Case Closure Request Form 4400-202 to clarify under which circumstances ch. NR 749, Wis. Adm. Code, database fees should be submitted and to provide updated information regarding electronic submittals.
The updates only affect page 1; no other changes were made to the form. Anyone submitting a new case closure request must use the updated form per § NR 726.09(1), Wis. Adm. Code. If you previously submitted a case closure request with the correct fee, you do not need to provide an updated page 1 with a resubmittal. Please contact the RR program regional team supervisor if you have questions regarding your case closure request.
DNR Air Management Program Holding NR 439 Listening Session October 24
The DNR Air Management Program is holding an informational session on anticipated revisions to ch. NR 439, Wis. Adm. Code, relating to recordkeeping, reporting, testing, inspecting and determination of compliance requirements regulations. The DNR is proposing rule changes in Board Order AM-05-22 to simplify, reduce, modernize, improve, and make more efficient requirements of ch. NR 439, Wis. Adm. Code.
The intent of the informational meeting is to review the specific ch. NR 439, Wis. Adm. Code, provisions that the DNR plans to address, and hear from stakeholders. Proposed rule text will not be reviewed during the informational session. Opportunity for the public to provide input on proposed rule language in Board Order AM-05-22 in accordance with s. 227.17, Wis. Stats., will be provided at a later date.
Meeting Information:
Date and Time: Monday, October 24 at 1 p.m. to 2 p.m.
Virtual Location:
Agenda:
- Introduction (5 min)
- Overview of DNR rulemaking process (5 min)
- Overview of ch. NR 439 provisions the department is considering for revision (20 min)
- Stakeholder Input (remainder of meeting)
The approved AM-05-22 statement of scope is available on the Upcoming Public Hearings, Meetings and Notices webpage. Contact Maria Hill if you have any questions.
Post-Construction Storm Water Management for Ground-Mounted Solar Guidance
The Post-Construction Storm Water Management for Ground-Mounted Solar Guidance document is available for review and comment until October 27, 2022. The guidance is available on the DNR’s storm water publications and guidance webpage.
Ground-mounted solar installation projects are becoming increasingly frequent, creating a need for guidance to address to post-construction storm water management that meets the post-construction performance standards of ss. NR 151.122 to 151.124, Wis. Adm. Code. This guidance identifies the conditions under which the vegetation under and around ground-mounted solar arrays may be considered a storm water management practice sufficient to satisfy post-construction performance standards.
To comment on the guidance document:
- Submit your comments via email to dnrguidancedocuments@wisconsin.gov by midnight on October 27, 2022.
- Keep comments specific and directly related to this guidance document.
- You may insert your comments into the Adobe pdf document, or otherwise indicate the page or line numbers to which your comments refer. If you have general comments applicable to the entire guidance document, please note them as such.
After the notice period is complete, all comments will be considered. Revisions may be made to the draft document and the final guidance document will be made available to internal and external stakeholders.
Proposed Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances
EPA is proposing to designate two per- and polyfluoroalkyl substances (PFAS) -- perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers -- as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.
The rulemaking would require entities to immediately report releases of PFOA and PFOS that meet or exceed the reportable quantity to the National Response Center, state or Tribal emergency response commission, and the local or Tribal emergency planning committee (local emergency responders). Entities would not be required to report past releases of PFOA or PFOS as they were not yet listed as hazardous substances.
EPA is asking for public comment on the proposal for 60 days--comments must be received on or before November 7, 2022--at docket EPA-HQ-OLEM-2019-0341 on www.regulations.gov.
WISCON Weekly webinars
WisCon provides presentations, seminars, and workshops on Occupational Health and Safety topics to the Wisconsin small business community. Every Monday at 1:00 p.m., a weekly webinar is scheduled. Program information, COVID assistance, and other training and promotional presentations will be included. Sign up for weekly reminder emails HERE.
Join the webinars on the UW Madison ZOOM website:
Upcoming Programs:
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Oct 24 – Compressed Air
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Oct 31 – Hexavalent Chromium
The webinars will be on break through November and December, returning January 9, 2023. Recordings of previous webinars are available on-demand: http://www.slh.wisc.edu/occupational/wiscon/weekly-webinars/.
Issues & Trends Webinar on Nov. 16, 2022: Passive Air Sampling for Vapor Intrusion
The RR Program’s next webinar in the Issues & Trends series will take place on Nov. 16, 2022, from noon-1 p.m. The scheduled presentation is Passive Air Sampling for Vapor Intrusion.
The webinar will spotlight changes in recommendations for vapor intrusion sampling (e.g., longer duration passive sampling in lieu of evacuated canister sampling for vapor intrusion investigations).
Colder temperatures and the indoor heating season are the preferred conditions for conducting vapor intrusion sampling. In anticipation of increased sampling during the winter months, DNR staff will provide the latest recommendations for sampling methods for soil gas, sanitary sewer and sewer cleanouts, indoor air and sub-slab vapor.
Additional topics addressed during the webinar will include a review of the health risk concerns and randomly timed 8-hr or 24-hr samples, different passive samplers, considerations when selecting appropriate samples and how to evaluate the data.
Environmental consultants working on sites with volatile organic compounds (VOCs), particularly chlorinated solvent sites, are encouraged to attend.
A Zoom web conferencing registration link may be found on the RR Program’s Conferences and Training webpage.
Recordings of previous Issues & Trends webinars may be found in the RR Program’s Training Library.
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