Register November 2013 No. 695
Chapter NR 722
STANDARDS FOR SELECTING REMEDIAL ACTIONS
NR 722.01   Purpose.
NR 722.02   Applicability.
NR 722.03   Definitions.
NR 722.05   General.
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 722.17   Department database requirements for remedial actions approved with a continuing obligation.
Ch. NR 722 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494.
NR 722.01 NR 722.01 Purpose. The purpose of this chapter is to establish minimum standards for identifying and evaluating remedial action options and selecting remedial actions. This chapter is adopted pursuant to ss. 227.11 (2), 287.03 (1) (a), 287.05, and 289.06 (1) and (2), Stats., and ch. 292, Stats.
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; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13.
NR 722.02 NR 722.02 Applicability.
NR 722.02(1)(1) This chapter applies to all remedial actions taken by the department under the authority of ch. 292, 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) Unless otherwise specified elsewhere in chs. NR 700 to NR 754, 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 ch. 292, Stats., regardless of whether there is direct involvement or oversight by the department, except for those sites or facilities being addressed under the dry cleaner response program.
NR 722.02 Note Note: Sites being addressed under the dry cleaner response program are exempt because the comparison of remedies is accomplished through the remedial action bidding process, which requires 3 to 6 alternative bids to be compared before a remedy is selected.
NR 722.02(2m) (2m) 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 ch. 292, Stats., ch. NR 722 applies to the evaluation of proposed remedial action options for solid waste facilities where remedial action is required by the department pursuant to ch. NR 508.
NR 722.02 Note Note: Persons who wish to conduct response actions that will be consistent with the requirements of CERCLA and the National Contingency Plan (NCP) may request that the department enter into a contract with them pursuant to s. 292.31 or a negotiated agreement under s. 292.11 (7) (d), Stats. However, a CERCLA–quality response action will likely require compliance with additional requirements beyond those contained in chs. NR 700 to 754 in order to be consistent with CERCLA and the NCP.
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 requirements shall control. The department shall, after receipt of a written request and appropriate ch. NR 749 fee from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable to a site or facility.
NR 722.02 Note Note: Sites, facilities or portions of a site or facility that are subject to regulation under ch. 292, Stats., may also be subject to regulation under other statutes, including the solid waste statutes in ch. 289, Stats., or the hazardous waste management act, ch. 291, Stats., and the administrative rules adopted pursuant to those statutes. In addition, federal authorities such as CERCLA, RCRA, or TSCA may also apply to a site or facility or portions of a site or facility. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility.
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; CR 12-023: am. (1), (2), (2m), (3), r. (3m), am. (4) Register October 2013 No. 694, eff. 11-1-13.
NR 722.03 NR 722.03 Definitions. The definitions in s. NR 700.03 apply to this chapter.
NR 722.03 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: renum. (intro.) to 722.03, r. (1), (2) Register October 2013 No. 694, eff. 11-1-13.
NR 722.05 NR 722.05 General.
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(2)(a) (a) State-lead national priority list sites.
NR 722.05(2)(b) (b) Sites or facilities being addressed under a contract with the department under s. 292.31, Stats.
NR 722.05(2)(c) (c) Department–funded response actions. For those sites or facilities where the department is responsible for selecting the appropriate remedy, significant consideration shall be given to options that provide for long-term sustainability.
NR 722.05(2)(d) (d) Sites or facilities being addressed under an administrative order issued under s. 292.11 (7) (c), Stats.
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 happens:
NR 722.05(4)(a) (a) A site investigation report is completed in accordance with ch. NR 716.
NR 722.05(4)(b) (b) An evaluation of remedial action options is required in accordance with ch. NR 508.
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 used 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; CR 12-023: am. (2) (b), (c), (4) Register October 2013 No. 694, eff. 11-1-13.
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(3) (3)Evaluation of remedial action options.
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, to address the exposure pathways of concern, and effectively and efficiently address the source of the contamination.
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. Emphasis should be placed on remedial action options suitable for a particular site or facility. Any remedy selected should attempt to limit secondary impacts including air and water discharges, destruction of ecosystems, and excessive use of energy.
NR 722.07 Note Note: For cases involving a discharge and migration of organic contaminants that do not readily degrade in soil or groundwater, an active remedial action that will reduce the contaminant mass and concentration will typically be necessary. Natural attenuation, covers, and barriers do not actively reduce contaminant mass and concentrations. Chlorinated compounds are the most common contaminants that fall under this provision. Some organic contaminants, such as PCBs and PAHs may not readily migrate, depending on site characteristics.
NR 722.07(3)(am) (am) Responsible parties shall document their evaluation of a remedial option or combination of options which would use recycling or treatment technologies that destroy or detoxify contaminants, rather than transfer the contaminants to other media.
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 results in the reuse, recycling, destruction, detoxification, treatment, or any combination thereof of the hazardous substances present at the site and this proposed option meets all of the following requirements:
NR 722.07(3)(b)1m. 1m. 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;
NR 722.07(3)(b)2m. 2m. Can be implemented in a manner that will not pose a significant risk of harm to human health, safety, or welfare or the environment; and
NR 722.07(3)(b)3. 3. Is likely to result in the reduction or control, or both, of the hazardous substances present at the site to a degree and in a manner that is in compliance with the requirements of s. NR 722.09 (2) to (4).
NR 722.07 Note Note: Section NR 722.07 (3) (b) is intended to provide a streamlined evaluation process for certain remedial actions that are presumed to meet the evaluation and selection criteria in ss. NR 722.07 and 722.09.
NR 722.07(4) (4)Evaluation criteria. Except as provided in s. NR 722.07 (3) (b), the remedial action options identified by the initial screening shall be evaluated based on the following requirements and in compliance with the requirements of s. NR 722.09.
NR 722.07(4)(a) (a) Technical feasibility. The technical feasibility of each appropriate remedial action option that effectively and efficiently addresses the sources of contamination shall be evaluated using the following criteria:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.