The 115th Fighter Wing is out of compliance with DNR orders continues to pollute and discharge PFAS. Wisconsin Air National Guard (WANG) didn’t comply with its deadlines of doing an investigation and submitting a work plan.
INITIAL NOTIFICATION OF 115th FIGHTER WING VIOLATIONS
As a reminder, the 115th Fighter Wing received this responsible party letter on June 22, 2018. Note they have know about this for nearly 2 years ago. Here’s the pdf of the letter from the DNR’s Environmental and Brownfields Redevelopment website called BRRTS. The letter states in part:
On April 12, 2018, the Wisconsin Air National Guard notified the Department of Natural Resources (DNR) that perfluorinated compound related contamination had been detected at the site described above. Based on the information that has been submitted to the DNR regarding this site, we believe you are responsible for investigating and restoring the environment at the above-described site under Section 292.11, Wisconsin Statutes, known as the hazardous substances spill law. This letter describes the legal responsibilities of a person who is responsible under section 292.11, Wis. Stats., explains what you need to do to investigate and clean up the contamination.
Legal Responsibilities:
Your legal responsibilities are defined both in statute and in administrative codes. The hazardous substances spill law, Section 292.11 (3) Wisconsin Statutes, states:
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- RESPONSIBILITY. A person who possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance shall take the actions necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge to the air, lands, or waters of the state.
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Wisconsin Administrative Code chapters NR 700 through NR 754 establish requirements for emergency and interim actions, public information, site investigations, design and operation of remedial action systems, and case closure. Wisconsin Administrative Code chapter NR 140 establishes groundwater standards for contaminants that reach groundwater.
Steps to Take:
The longer contamination is left in the environment, the farther it can spread and the more it may cost to clean up. Quick action may lessen damage to your property and neighboring properties and reduce your costs in investigating and cleaning up the contamination. To ensure that your cleanup complies with Wisconsin’s laws and administrative codes, you should hire a professional environmental consultant who understands what needs to be done. The following information provides the timeframes and required steps to take. Unless otherwise approved by DNR in writing you must complete the work by the time frames specified.
1. Within the next 30 days, you should submit written verification (such as a letter from the consultant) that you have hired an environmental consultant. If you do not take action within this time frame, the DNR may initiate enforcement action against you.
2. Within 60 days, you should submit a work plan for completing the investigation. The work plan must comply with the requirements in the NR 700 Wis. Adm. Code rule series and should adhere to current DNR technical guidance documents.
3. You should initiate the site investigation within 90 days of submitting the site investigation work plan. You may proceed with the field investigation upon DNR notification to proceed. If the DNR has not responded within 30 days from submittal of the work plan, you are required to proceed with the field investigation. If a fee for DNR review has been submitted, the field investigation should begin within 60 days after receiving DNR approval.
4.Within 60 days after completion of the field investigation and receipt of the laboratory data, you should submit a Site Investigation Report to the DNR.
5. Within 60 days after submitting the Site Investigation Repoti, you should submit a remedial actions options report (RAOR). The RAOR shall include an evaluation of Green and Sustainable Remediation oppotiunities as required by s. NR 722.09 (2m), Wis. Adm. Code.
Note: Based on the existing agreement between the Department and the Department of Defense, the Department will work cooperatively with Air National Guard staff to develop an agreeable project timeline for addressing the known contaminant release.
Sites where discharges to the environment have been reported are entered into the Bureau for Remediation and Redevelopment Tracking System (“BRRTS”), a version of which appears on the DNR’s internet site. You may view the information related to your site at any time (http://dnr.wi.gov/botw/SetUpBasicSearchForm.do) and use the feedback system to aleti us to any errors in the data.
LETTER OF NONCOMPLIANCE
On October 31, 2019, the 115th Figher Wing of the Wisconsin Air National Guard (WANG) received a notice of violation and request for enforcement conference.
According to the letter the conference was to take place on November 18, 2019. It appears they did have that conference, but remain out of compliance and did not follow through on their commitments from their December 2 meeting. A follow up meeting appears to have occurred on February 3rd.
115th FIGHTER WING OUT FOLLOW UP ACTIONS REQUIRED, CONTINUED NON-COMPLIANCE
Here’s the pdf of the letter.
March 13, 2020
Col. Kevin Philpot
Vice Wing Commander
Wisconsin Air National Guard
2400 Wright Street
Madison, WI 53708
Tony Evers, Governor
Preston D. Cole, Secretary
Telephone 608-266-2621
Toll Free 1-888-936-7463
TTY Access via relay – 711
Subject: Response Action Requirements Wisconsin Air National Guard-Truax Field, BRR Ts #02-13-581254
Dear Col. Philpot:
On February 3, 2020, the Wisconsin Department of Natural Resources (DNR) met with representatives from the Wisconsin Air National Guard (WANG), Dane County, Dane County Airport and the City of Madison to discuss the results of investigation into PFAS contamination at Truax Field (Truax) and Starkweather Creek and the status of additional required work. The following information is being provided per your request at the February 3, 2020 meeting. At this meeting, you requested clarification regarding requirements for environmental investigation and remediation for the per and polyfluoralalkyl substances (PF AS) contamination at Truax.
Data collected by WANG and submitted to the DNR shows there have been discharges of PFAS to the environment at the WANG base located at Truax Field. Due to the discharges of a hazardous substance and the presence of environmental pollution, WANG is required under Wis. Stat. ch. 292 to conduct a site investigation, and as needed, implement interim and remedial actions to minimize the effects to the environment. On November 18, 2019, DNR staff met with representatives of WANG regarding WANG’s responsibility under Wis. Stat. ch. 292. During that meeting, DNR staff explained the need for WANG to take immediate actions to address the environmental impacts from the PF AS discharge and resultant environmental pollution. At that meeting WANG agreed:
“that within 60 days, WANG would retain a consultant to prepare a workplan. The workplan should include soil, sediment, surface water and groundwater investigations as well as incorporate immediate actions to address PFAS impacted groundwater leaving the site to the west and southeast.”
A full summary of the meeting and actions to be taken by WANG was sent to Major General Dunbar on December 2, 2019.
DNR has not received notification from WANG that it has retained a qualified environmental consultant, nor has DNR received a workplan. Due to the ongoing discharges and impacts from environmental pollution from the WANG facility, WANG is out of compliance with state law and the DNR expects the following:
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- By May 4, 2020 WANG will submit a site investigation workplan to the DNR for determining the degree and extent of PFAS contamination from WANG.
- By August 17, 2020, WANG will submit to the DNR the results of the site investigation and plan for proposed interim remedial actions to stop the ongoing contaminant discharge of PF AS contamination from the WANG facility.
- By November 30, 2020, WANG will have in place and operating the DNR-approved response actions to eliminate the discharge of PFAS contaminants and environmental pollution to the Starkweather Creek watershed from the contaminated groundwater known to exist beneath Truax. This includes mitigating and treating stormwater runoff
and groundwater migration into surface waters and off-site of the Truax property.
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These actions shall comply with the requirements of Wis. Stat. ch. 292 and shall be conducted in accordance with the provisions of Wis. Admin. Code chs. NR 700-754. This work shall be completed by a Wis. Admin. Code ch. NR 712 qualified environmental consultant.
I hope this clarifies WANG responsibilities in this matter. If you have further questions, please contact DNR project manager Michael Schmoller at 608-275-3303.
Sincerely,
Christine Haag
Director, Remediation & Redevelopment Program
Cc: Beth Bier -AD/8
Darsi Foss – AD/8
Mike Schmolier – SCR
Steve Martin SCR
Phil Bower LS/8
