Active PFAS Rulemaking

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: Approved by the Natural Resources Board October 2020. Awaiting possible 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

Contents

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