Register February 2010 No. 650
Chapter NR 722
STANDARDS FOR SELECTING REMEDIAL ACTIONS
NR 722.07 Identification and evaluation of remedial action options.
NR 722.09 Selection of a remedial action.
NR 722.11 Risk assessments.
NR 722.13 Remedial action options report.
NR 722.15 Department response.
NR 722.01 Note
Note: The following portions of
40 CFR part 280 have been included in the text of this chapter: portions of
s. 280.34 (a) (3); portions of s. 280.66 (a) and (b); and s. 280.66 (c). Additional portions of s. 280.34 (a) (3)
are included in chs.
NR 706,
708,
716 and
724. Additional portions of
s. 280.66 (a) and (b) are included in chs.
NR 708 and
724.
NR 722.01 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95; am.
Register, February, 1996, No. 482, eff. 3-1-96.
NR 722.02(1)(1) Except as provided in
sub. (3m), this chapter applies to all remedial actions taken by the department under the authority of s.
292.11 or
292.31, Stats. This chapter does not apply to immediate actions or interim actions, unless specifically noted in
ch. NR 708. In this chapter, where the term "responsible parties" appears, it shall be read to include the department, where a department- funded remedial action is being taken.
NR 722.02(2)
(2) Except as provided in
sub. (3m), this chapter applies to all remedial actions taken by responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under s.
292.11 or
292.31, Stats., regardless of whether there is direct involvement or oversight by the department.
NR 722.02(2m)
(2m) Except as provided in
sub. (3m), this chapter applies to all remedial actions taken by persons seeking the liability exemption under s.
292.15, Stats. In this chapter, where the term "responsible party" appears, it shall be read to include the "voluntary party" where an action is being undertaken to comply with s.
292.15, Stats.
NR 722.02(3)
(3) In addition to being applicable to sites or facilities that are subject to regulation under s.
292.11 or
292.31, Stats., this chapter applies to the evaluation of proposed remedial action options for solid waste facilities where remedial action is required by the department pursuant to
s. NR 508.04 (4), except as provided in
sub. (3m).
NR 722.02 Note
Note: Persons who wish to conduct response actions that will meet the requirements of CERCLA and the NCP may request that the department enter into a contract with them pursuant to s.
292.31 (1) (b), Stats. However, a CERCLA-quality response action may require compliance with additional requirements beyond those contained in chs.
NR 700 to
736 in order to satisfy CERCLA and the NCP.
NR 722.02(3m)
(3m) This chapter is not applicable to sites contaminated with petroleum products discharged from petroleum storage tanks that satisfy all of the risk screening criteria in
s. NR 746.06 (2) and are eligible for closure under
s. NR 746.07 or
746.08.
NR 722.02 Note
Note: If sites and facilities that are contaminated with petroleum products discharged from petroleum storage tanks do not satisfy the risk screening criteria in s.
NR 746.06 (2) or the closure requirements of s.
NR 746.07 or
746.08, the site or facility would be still be subject to this chapter.
NR 722.02(4)
(4) The department may exercise enforcement discretion on a case-by-case basis and choose to regulate a site, facility or a portion of a site or facility under only one of a number of potentially applicable statutory authorities. However, where overlapping restrictions or requirements apply, the more restrictive control. The department shall, after receipt of a request from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable.
NR 722.02 Note
Note: Sites, facilities or portions of a site or facility that are subject to regulation under s.
292.11 or
292.31, Stats., may also be subject to regulation under other statutes, including solid waste statutes, ch.
289, Stats., or the hazardous waste management act, ch.
291, Stats., and the administrative rules adopted pursuant to those statutes. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility. When necessary, the department will, to the best of its ability, facilitate coordination between the regulatory programs involved.
NR 722.02 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95; cr. (2m),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1) to (3), cr. (3m), eff. 5-18-00; am. (1) to (3), cr. (3m),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (3) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 2001, No. 541.
NR 722.03
NR 722.03
Definitions. In this chapter:
NR 722.03(1)
(1) "Sensitive receptor" means a receptor that is affected by slight differences or changes in environmental conditions.
NR 722.03(2)
(2) "Unconsolidated material" means soil, sediment or other granular material, such as fill, not including debris.
NR 722.03 Note
Note: Section
NR 700.03 (58) defines "soil" as unsaturated organic material, derived from vegetation and unsaturated, loose, incoherent rock material, of any origin, that rests on bedrock other than foundry sand, debris and any industrial waste. Section
NR 700.03 (54) defines "sediment" as particles in surface waters or wetlands that are derived from the erosion of rock, minerals, soils and biological materials, as well as chemical precipitation from the water column. Sediment particles are transported by, suspended in or deposited by water. Section
NR 700.03 (10) defines "debris" as material resulting from the construction, demolition or razing of buildings, roads and other structures and materials that have been discarded at a site or facility.
NR 722.03 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95.
NR 722.05(1)(1) Responsible parties shall select an appropriate remedial action or combination of remedial actions for implementation under this chapter, unless the department makes the selection under
sub. (2).
NR 722.05(2)
(2) The department shall select the remedial action for the following types of sites or facilities:
NR 722.05(3)
(3) The department shall document the remedial action selected for those sites or facilities listed in
sub. (2) following the requirements of
s. NR 722.07, at a minimum, and conduct the applicable public participation and notification activities as required in
ch. NR 714.
NR 722.05(4)
(4) To select a remedy or combination of remedies, responsible parties shall identify, evaluate and document an appropriate range of remedial action options to address each contaminated medium in accordance with the requirements of this chapter, when one of the following is completed:
NR 722.05(5)
(5) The identification, evaluation and documentation of an appropriate set of remedial action options, to address each medium and migration or exposure pathway shall be based on the complexity of the site or facility and the legal requirements applicable to the response action and the site or facility.
NR 722.05 Note
Note: Each remedial action option identified may be utilized to address more than one contaminated medium or migration or exposure pathway if that remedial action option would be protective of public health, safety and welfare and the environment for each media and migration or exposure pathway that it is proposed to address.
NR 722.05(6)
(6) The evaluation and documentation of an appropriate set of remedial action options shall be conducted by a qualified person or persons pursuant to
s. NR 712.07 and shall be signed and sealed by the qualified person or persons in accordance with
s. NR 712.09.
NR 722.05 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95.
NR 722.07
NR 722.07
Identification and evaluation of remedial action options. NR 722.07(1)(1)
General. Unless otherwise directed by the department, responsible parties shall identify and evaluate an appropriate range of remedial action options in accordance with the requirements of this section.
NR 722.07(2)
(2) Identification of likely remedial action options. An initial screening of remedial technologies shall be conducted to identify remedial action options for further evaluation which are reasonably likely to be feasible for a site or facility, based on the hazardous substances present, media contaminated and site characteristics, and to comply with the requirements of
s. NR 722.09.
NR 722.07 Note
Note: The department suggests that responsible parties and their consultants should refer to the following U.S. EPA guidance document as part of their evaluation of remedial action options for sites with petroleum contamination: ``How to Evaluate Alternative Cleanup Technologies for Underground Storage Tank Sites,'' May 1995. (U.S. EPA 510-B-95-007) which may be obtained from: Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371945, Pittsburgh, PA 15250-7954, Stock Number 055-000-00499-4.
NR 722.07(3)(a)(a) Except as provided in
par. (b), responsible parties shall use all of the criteria in
sub. (4) to further evaluate appropriate remedial action options that have been identified for further evaluation under
sub. (2), for each contaminated medium or migration or exposure pathway. This evaluation process shall be used to determine which remedial action option constitutes the most appropriate technology or combination of technologies to restore the environment, to the extent practicable, within a reasonable period of time and to minimize the harmful effects of the contamination to the air, land or waters of the state. Responsible parties shall document their evaluation of a remedial option or combination of options which would utilize recycling or treatment technologies that destroy or detoxify contaminants, rather than transfer the contaminants to another media.
NR 722.07 Note
Note: The purpose of the technical and economic feasibility evaluation is to evaluate a range of remedial action options suitable for a particular site or facility to determine the practicability of implementing those options. If a particular option is not suitable for a particular site or facility, such as in situ air sparging in dense clay soils, it should not be evaluated. The department would consider such an evaluation as simply an attempt to give the false impression that a wide range of options were considered. Emphasis must be placed on remedial action options suitable for a particular site or facility.
NR 722.07(3)(b)
(b) A detailed evaluation based on the criteria in
sub. (4) is not required in those cases where a remedial action option identified during the initial screening meets one or both of the following requirements:
NR 722.07(3)(b)1.
1. Landfill disposal of less than 250 cubic yards of untreated contaminated unconsolidated material, as measured in situ, is proposed.
NR 722.07(3)(b)2.
2. The proposed remedial action option results in the reuse, recycling, destruction, detoxification, treatment or any combination thereof of the hazardous substances present at the site and this proposed option:
NR 722.07(3)(b)2.a.
a. Is proven to be effective in remediating the types of hazardous substances present at the site, based on experience gained at other sites with similar site characteristics and conditions;
