Brownfields_Content Page_NR 700 Rule Changes

NR 700-799 Rule Changes

As part of a continuing effort to ensure efficient and effective guidance and standards for the investigation and remediation of contaminated sites in Wisconsin, throughout 2019 to 2021, the DNR worked with key public and industry stakeholders, state agencies, the State Legislature, the governor and the general public to update portions of chs. NR 700-799, Wis. Adm. Code [exit DNR].

The changes to chs. NR 700-799, Wis. Adm. Code, are effective as of Oct. 1, 2021, and consist of new chs. NR 756 and NR 758, Wis. Adm. Code [exit DNR], which govern financial assurance requirements that apply at certain types of sites with contaminated sediment.

Background

Chapter 292, Wis. Stat. [exit DNR], along with other state statutes, set forth the responsibilities of certain parties for the investigation and remediation of hazardous substance discharges and environmental pollution in Wisconsin. Chapters NR 700-799, Wis. Adm. Code, provide the specific steps and standards for conducting required investigation and remediation activities.

On Jan. 23, 2019, the Natural Resources Board (NRB) approved statements of scope for emergency and permanent rulemaking. Following recent legislative changes to statute and changes in terms and practices that occur over time, the DNR is revising specific sections of chs. NR 700-799, Wis. Adm. Code, to meet three main goals:

  1. Meet an emergency rulemaking mandate within 2015 Wis. Act 204 relating to new financial assurance requirements for certain types of contaminated sediment sites;
  2. Attain consistency with statutory revisions made by 2017 Wis. Act 70 and 2015 Wis. Act 204, including revisions relating to contaminated sediments; and
  3. Update references and clarify requirements and procedures as needed since the last set of rule revisions became effective in 2013.

To meet these objectives, the DNR is promulgating rules through the permanent rulemaking process, described below. The DNR is also pursuing the emergency rulemaking process to meet the first objective listed above.

Rule change process and public input

The DNR creates and revises administrative rules to implement statutes enacted by the Wisconsin State Legislature [exit DNR]. Administrative rules are laws that have the full force and effect of statute.

Public participation is a critical component of agency rulemaking. During this rulemaking process, there were numerous opportunities to participate; dates and materials for the public meetings and comment periods are available below.

Winter 2018/2019
  • Statement of Scope approved by DNR secretary, governor, NRB
↓
Winter 2019 - Spring 2020
  • Rule development meetings - open to public
  • Preparation of proposed rule
  • Solicitation of information for economic impact analysis (i.e., request for input on the economic impacts of the proposed rules)
↓
Fall 2020
  • Public hearings on proposed rule
  • Public comment period
↓
Winter 2020/2021
  • NRB meeting for adoption
  • Rule approved by governor
↓
Spring 2021
  • Legislative review/hearings
↓
Fall/Winter 2021
  • Rule signed by DNR secretary, rule published and becomes effective.
 ← We are here

Economic Impact Analysis

Under s. 227.137, Wis. Stats., an economic impact analysis (EIA) must be prepared for every permanent proposed rule. The analysis must include information on the economic effect of the proposed rule on specific businesses, business sectors, public utility ratepayers, local governmental units and the state's economy as a whole.

Rule Development Meetings

Given the size and scope of the effort required for rule changes of this type and the need for technical input, the DNR held a series of monthly rule development meetings to seek public input on the rule changes.

Public meetings were held during rule development from February 2019 to January 2020. Two additional public meetings were held from June 2020 to July 2020 to focus on the content of proposed emergency rules. Details about those meetings are listed below (see Past Meetings).

Past Meetings

Meeting date & time Location Resources
Oct. 16, 2020

Skype meeting

Meeting and background material

Submittal of written comments

  • Comments on the proposed rule must be received on or before Oct. 23, 2020.
  • Written comments will have the same weight and effect as oral statements presented at the public hearing.
  • Submit comments and any questions on the proposed rule by email or through the U.S. mail.
    • Emailed comments may be sent to DNRRRNR700input@wisconsin.gov
    • Mail comments to:
      Department of Natural Resources
      Attn: Molly Schmidt – RR/5
      P.O. Box 7921
      101 S. Webster Street
      Madison, WI 53707-7921

The proposed permanent rule is available on the DNR's Proposed Permanent Administrative Rules web page.

The emergency rule is available on the DNR's Proposed Emergency Administrative Rules web page.
July 6, 2020

Skype meeting

Meeting and background material
June 23, 2020

Skype meeting

Meeting and background material
Jan. 9, 2020 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St

Meeting and background material
Dec. 3, 2019 Madison
State Natural Resources Building (GEF2)
Room G27
101 S Webster St

Meeting and background material
Nov. 6, 2019 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St

Meeting and background material
Oct. 1, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material
Sept. 5, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material
August 6, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material

  • Agenda
  • Meeting notes
  • Presentation
  • White paper on proposed rule revisions relating to the “continuing obligations” definition within ch. NR 714, Wis. Adm. Code;
  • White paper on proposed rule revisions needed following 2015 Wis. Act 204 changes related to continuing obligations for interim actions;
  • White paper on proposed rule revisions needed following 2015 Wis. Act 204 changes relating to the rights and responsibilities of owners and occupants at sites with continuing obligations;
  • First draft of proposed rules relating to 2015 Wis. Act 204 requirements for financial responsibility at sites where engineering controls are used to address contaminated sediment (new ch. NR 756, Wis. Adm. Code);
  • First draft of proposed rules relating to 2015 Wis. Act 204 requirements for insurance and other financial assurance requirements at Voluntary party Liability Exemption (VPLE) sites with contaminated sediment (new ch. NR 756, Wis. Adm. Code); and
  • Second draft of proposed rule revisions regarding soil standards.
July 9, 2019 Madison
State Natural Resources Building (GEF2)
Room G09
101 S Webster St

Meeting and background material
June 4, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material
May 7, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material

  • Agenda [PDF]
  • Meeting Notes [PDF]
  • Presentation [PDF]
  • Introductory white paper [PDF] regarding draft rule revisions relating to: (1) financial responsibility for engineering control and structural impediment removal at sediment cleanup sites and related requirements, and (2) insurance or other forms of financial responsibility for Voluntary Party Liability Exemption (VPLE) sediment cleanup sites.
  • Introductory white paper [PDF] regarding proposed rule revisions to ensure adequate guidance within code for sites with contaminated sediments (chapters NR 700, NR 708, NR 716, NR 722, NR 724, NR 725, NR 726, NR 727, and NR 750, Wis. Adm. Code).
  • First draft of proposed rule revisions [PDF] relating to 2017 Wisconsin Act 70 statutory changes regarding the use of the term "property" and property boundary changes at sites enrolled in the VPLE program (chapters NR 700, NR 750, NR 754, new chapter NR 758, Wis. Adm. Code).
April 18, 2019 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St

Subgroup discussion

The subgroup will discuss rules relating to new statutory requirements for financial responsibility and financial assurance at certain contaminated sediment sites.

Meeting and background material
April 9, 2019 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St

Meeting and background material
March 5, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material

  • Agenda [PDF]
  • Meeting Notes [PDF]
  • Introductory materials for drafting rules relating to (1) financial responsibility for engineering control and structural impediment removal at sediment cleanup sites and related requirements, and (2) insurance or other forms of financial responsibility for Voluntary Party Liability Exemption sediment cleanup sites:
  • Draft proposed rule changes [PDF] to address databased listings and notification requirements imposed by 2015 Wis. Act 204, and related fees and procedures
Feb. 5, 2019 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St

Meeting and background material

For more information, contact