PFAS

Introduction
- PFAS (per- and polyfluoroalkyl substances) are manufactured chemicals that are found in many everyday products, including nonstick pans, cleaning products, paints, and firefighting foam. PFAS are present in the bloodstream of 98 percent of Americans. Competing studies debate whether or not PFAS have negative health effects, and, if they do, at what level they are harmful. The federal Environmental Protection Agency has declined to regulate PFAS in drinking water. Meanwhile, some states are choosing to implement regulations independently. Hamilton Consulting closely monitors regulatory developments related to PFAS both at the state and federal level. Click on the links below for more information on PFAS regulations.
Active PFAS Rulemaking
- NR 105 Surface Water Quality Criteria Changes
  
  Rule Number: WY-23-19
  Status: Scope statement approved in fall 2019; DNR is drafting the proposed rule. Draft economic impact analysis (EIA) is expected in early 2021.
  
  Scope Statement(SS 091-19) approved in fall 2019.
  
  Scope Statement Summary: Under the scope statement, DNR could also change Wisconsin Pollution Discharge Elimination System (WPDES) permit implementation procedures related to PFAS chemicals, including additional monitoring and new effluent limitations. Currently, DNR can address PFAS discharges in WPDES permits on a case-by-case basis. The proposed rule would set a uniform standard and procedures.
- NR 140 Groundwater Quality Standards Update
  
  Rule Number: DG-15-19
  
  Cycle 10:
  Status: Scope statement approved in fall 2019; DNR is drafting the proposed rule. Draft economic impact analysis (EIA) is expected in early 2021.
  
  Scope Statement (SS 090-19) Summary: Under this scope statement, (SS 090-19), DNR would promulgate the Department of Health Services standards recommendations of 20 parts per trillion (ppt) combined for PFOA and PFOS and a 2 ppt Preventive Action Limit. This rule would apply to all regulated facilities that may impact groundwater.
  
  Cycle 11:
  Status: DHS sent groundwater quality standards recommendations to DNR for 22 substances, including 12 PFAS in November 2020. DNR will now start the rulemaking process. The Statement of Scope is expected in November/December 2020
- NR 809 Safe Drinking Water Standards Update
  
  Rule Number: DG-24-19
  
  Status: Scope statement approved in fall 2019; DNR is drafting the proposed rule. Draft economic impact analysis (EIA) is expected in early 2021.
  
  Scope Statement (SS 089-19) Summary: MCLs for drinking water would mostly affect municipal water systems.
- Fire Fighting Foam Emergency and Permanent Rulemaking
  Emergency Rule: WA-06-20 (E)
  
  Status: In effect as of Dec. 4
  Pending legislative action
  
  Summary: 2019 Wisconsin Act 101, legislation that regulates firefighting foam that contains PFAS, went into effect on September 1st. The Act gave DNR the authority to promulgate rules to implement and administer the act. It also required the DNR to promulgate emergency rules no later than September 1, 2020, to coincide with the bill’s implementation date.
  
  The Emergency Rule as approved by NRB:
  - Includes requirements for prohibitions and use of fightfighting foam that contains PFAS. The use of foam is allowed for emergency firefighting, fire prevention operations, and testing purposes so long as certain requirements are met.
  - Contains notification and recordkeeping requirements for persons who use foam for firefighting operations or who discharge foam to the environment as part of testing operations.
  - Defines storage, containment and treatment, including the sampling and monitoring for 14 treatment indicator parameters.
PFAS Legislation
- The Wisconsin Legislature will convene in January 2021 for the 2021-22 legislative session. Bills relating to PFAS will be added throughout the session.
PFAS Meetings
Other PFAS Items
- Wisconsin PFAS Action Council (WisPac)
  
  DNR WisPac Website
  
  In accordance with Executive Order 40, Wisconsin state agencies have convened the Wisconsin PFAS Action Council. The executive order directs the council to develop an action plan.
  
  On December 16, Governor Evers announced the WisPac released the statewide PFAS Action Plan. The plan includes action items, organized into eight themes: Standard Setting, Sampling, Pollution Prevention, Engagement, Education and Communication, Research and Knowledge, Phase Out, Future Investments, and Identify and Address Historic Discharges.
- PFAS in Marinette and Peshtigo
  
  DNR Website regarding PFAS in Marinette and Peshtigo
Federal Regulations
- - EPA PFAS Website: https://www.epa.gov/pfas
  - The federal Environmental Protection Agency (EPA) has released draft preliminary guidelines for PFOA and PFOS.
  - The interim recommendations follow EPA’s PFAS Action Plan announced earlier this year.
  - EPA decided in February 2020 that it will regulate PFOA and PFOS.
  - EPA has also proposed rules that would exclude manufacturers of PFAS from providing proof of financial responsibility under the federal Superfund cleanup law.
  - Changes could occur in 2021 pending a new administration.
PFAS Hamilton Resources
- - Jan. 14, 2021
    
    PFAS Update: JCRAR Suspends DNR’s Foam Rule; Tyco Settles Lawsuit with Peshtigo Residents
  - Oct. 22, 2020
    
    PFAS Update: DNR Stakeholder Meeting and WisPac Releases Draft Plan
  - Sep. 09, 2020
    
    PFAS Update: DNR Stakeholder Group for PFAS Rules Meets, Firefighting Foam Emergency Rulemaking
  - Aug. 14, 2020
    
    PFAS Update: Natural Resources Board Tables Emergency Firefighting Foam Rule and WisPAC Releases Draft Action Plan
  - Jul. 16, 2019
    
    PFAS Update: Drinking Water Rules Advisory Group, Agency Council Meet
  - Jun. 18, 2020
    
    PFAS Update: AG Kaul Leads Coalition Supporting EPA Regulation, WI PFAS Action Council Meets
  - Apr. 27, 2020
    
    AG Kaul Asks EPA to Strengthen PFAS Regulations
  - Mar. 24, 2020
    
    DNR Stakeholder Meeting on PFAS Rules
  - Mar. 06, 2020
    
    Wisconsin PFAS Action Council (WisPAC) Advisory Groups Meet
  - Feb. 21, 2020
    
    PFAS Update: Status of PFAS Legislation, Agency Council Meets, EPA Action
  - Feb. 20, 2020
    
    Signed by Governor: Protecting Health Care Professionals, Banning PFAS-Containing Firefighting Foam
  - Jan. 23, 2020
    
    Water Quality Task Force Releases Recommendations
  - Dec. 20, 2019
    
    PFAS Update: AG Holds Listening Session in Marinette, Foam Bill Passes Committee

Contents

Introduction

Active PFAS Rulemaking

NR 105 Surface Water Quality Criteria Changes

NR 140 Groundwater Quality Standards Update

NR 809 Safe Drinking Water Standards Update

Fire Fighting Foam Emergency and Permanent Rulemaking

PFAS Legislation

PFAS Meetings

Other PFAS Items

Wisconsin PFAS Action Council (WisPac)

PFAS in Marinette and Peshtigo

Federal Regulations

PFAS Hamilton Resources