PFAS Rulemaking

The DNR Rulemaking Process

The Wisconsin Natural Resources Board (NRB) sets policy for the state’s Department of Natural Resources (DNR). This includes overseeing and ultimately approving administrative rules proposed by the department.

The following three rules listed in this section include regulations and standards affecting certain PFAS compounds. NRB considered adoption of the rules at its public meeting on February 23, 2022. Below is a summary of the actions NRB could have taken on each rule:

Approve

If NRB approves the rule, the rule will head to the Governor for approval and then to the Legislature for review, first by the appropriate standing committees and then by the Joint Committee for Review of Administrative Rules (JCRAR).

Reject

If NRB votes to reject the rule, the time for DNR to complete the rule will expire and the agency will need to start the process over.

Revise

While unlikely, NRB could ask DNR to modify the rules, however the timeline for this is extremely tight. The scope statements for these rules expire in March 2022, requiring the agency to start the process over.

The Legislature may adjourn before their review period ends; in that case, the time for the rule review will not progress until the Legislature reconvenes, likely January 2023.

NR 105 Surface Water Quality Criteria Changes

Adopted unanimously by the Natural Resources Board

Status: NRB considered the draft rule for adoption during its February 2022 meeting. DNR’s final economic impact analysis of the rule was released in September 2021. PFAS surface water rulemaking website.

Summary: Revision of chapters NR 105, NR 106, and NR 219 and other related regulations to add surface water quality criteria and analytical methods for PFOS, PFOA, and any other PFAS for the purpose of protecting public health. Additionally, revisions to the procedures in the Wisconsin Pollutant Discharge Elimination System (WPDES) permitting program to implement the new water quality criteria, 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.

Scope Statement: SS 091-19 was approved by the governor in August 2019.

NRB Order: WY-23-19
NR 140 Groundwater Quality Standards Update (Cycle 10)

A motion to adopt the rule failed to pass the Natural Resources Board on a 3-3-1 vote

Status: NRB considered the draft rule for adoption during its February 2022 meeting. DNR’s final economic impact analysis of the rule was released in November 2021. NR 140 rulemaking website.

Summary: DNR proposes promulgating the Department of Health Services (DHS) recommended standards of 20 parts per trillion (ppt) combined for PFOA and PFOS and a 2 ppt Preventive Action Limit (PAL). This rule would apply to all regulated facilities that may impact groundwater.

Scope Statement: SS 090-19 was approved by the governor in August 2019.

NRB Order: DG-15-19
NR 809 Safe Drinking Water Standards Update (Cycle 10)

The Natural Resources Board voted 6-1 to adopt the rule as amended

Status: NRB considered the draft rule for adoption during its February 2022 meeting. DNR’s final fiscal estimate and economic impact analysis of the rule was released in October 2021. NR 809 rulemaking website.

Summary: Revisions to chapter NR 809 related to the promulgation of new drinking water maximum contaminant levels (MCLs) for PFAS including PFOS and PFOA. These new MCLs would mostly affect municipal water systems.

UPDATE: NRB approved an amendment to raise the rule’s maximum contaminant levels (MCLs) for PFOA and PFOS from 20 parts per trillion (ppt) to 70 ppt, by a vote of 4-3.

Scope Statement: SS 089-19 was approved by the governor in August 2019.

NRB Order: DG-24-19

PFAS

Contents

PFAS Rulemaking

The DNR Rulemaking Process

NR 105 Surface Water Quality Criteria Changes

NR 140 Groundwater Quality Standards Update (Cycle 10)

NR 809 Safe Drinking Water Standards Update (Cycle 10)