PFAS Update: Natural Resources Board Tables Emergency Firefighting Foam Rule and WisPAC Releases Draft Action Plan

Earlier this year, the legislature approved and the governor signed into law 2019 Wisconsin Act 101, legislation that regulates firefighting foam that contains PFAS. The Department of Natural Resources drafted Emergency Rule WA-06-20(E), as directed in Act 101, and it was put on the agenda for the Natural Resources Board (the board) to approve this […]

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Governor Evers’s Task Force on Climate Change Wraps Up Public Comment

The Governor’s Task Force on Climate Change, headed by Lt. Gov. Mandela Barnes, has been meeting periodically since December 19, 2019. Overall, the task force is charged with advising the governor in developing a strategy on climate change by: Evaluating the science surrounding the impacts of climate change on Wisconsin citizens and the environment. Reviewing […]

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PFAS Update: Drinking Water Rules Advisory Group, Agency Council Meet

Drinking Water Rules Advisory Meeting Wisconsin’s Department of Natural Resources (DNR) is in early stages of promulgating rules that would regulate PFOA and PFOS in drinking water, surface water, and ground water. The state Department of Health Services (DHS) has recommended a combined groundwater standard of 20 ppt and a preventive action limit of 2 […]

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PFAS Update: AG Kaul Leads Coalition Supporting EPA Regulation, WI PFAS Action Council Meets

AG Kaul & EPA Action Wisconsin Attorney General Josh Kaul recently led a 22-state coalition urging the federal Environmental Protection Agency (EPA) to regulate PFAS chemicals. The comments from the multistate coalition Urge EPA to regulate specific PFAS chemicals PFOA and PFOS under the Safe Drinking Water Act, setting national drinking water standards. Request EPA […]

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DNR Changes High Capacity Well Environmental Review Processes After Act 21 AG Opinion Withdrawn

The Wisconsin Department of Natural Resources (DNR) will begin considering cumulative environmental impacts when reviewing high capacity well permit applications. The DNR policy change comes after Attorney General Josh Kaul withdrew an opinion from his predecessor interpreting 2011 Wisconsin Act 21’s effects on DNR permitting. In 2016, former Attorney General Brad Schimel issued an opinion concluding that […]

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AG Kaul Withdraws Act 21 Opinion on High Capacity Wells

On May 1, Wisconsin Attorney General Josh Kaul sent a letter to the state Department of Natural Resources (DNR) stating he has withdrawn an opinion from his predecessor interpreting 2011 Act 21’s effects on DNR permitting. In 2016, former Attorney General Brad Schimel issued an opinion concluding that DNR lacks regulatory authority to require cumulative […]

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AG Kaul Asks EPA to Strengthen PFAS Regulations

Wisconsin Attorney General Josh Kaul on April 20 joined 17 other state attorneys general in comments asking the Environmental Protection Agency (EPA) to strengthen its proposed regulations on importation of PFAS products. PFAS (per- and polyfluoroalkyl substances) are a group of thousands of man-made chemicals found in many everyday products, including nonstick pans, cleaning products, […]

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DNR Stakeholder Meeting on PFAS Rules

On March 23, 2020, the Department of Natural Resources (DNR) held its second stakeholder meeting on rules to set water standards for PFAS chemicals in Wisconsin (agenda). Due to COVID-19 concerns, the meeting was held remotely via Zoom. First, DNR gave an update on the federal Environmental Protection Agency (EPA) process for setting standards for […]

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Wisconsin PFAS Action Council (WisPAC) Advisory Groups Meet

WisPAC Background In accordance with Executive Order 40, issued by Gov. Tony Evers in August 2019, Wisconsin state agencies have convened the Wisconsin PFAS Action Council (WisPAC). The executive order directs the council to develop an action plan due to the governor and legislature by July 1. WisPAC has convened two sub-advisory groups: Local Government group headed by […]

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PFAS Update: Status of PFAS Legislation, Agency Council Meets, EPA Action

PFAS Legislation – New Provisions Passed Assembly, Final Status of Other Bills  In what is likely the last Assembly floor session of 2019-20, the Assembly passed provisions to address PFAS contamination in Wisconsin. As an amendment tacked on to SB 559 (an unrelated bill), the Assembly passed on a party line vote language that: Directs […]

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