Natural Resources Board Restarts Rulemaking for PFAS Groundwater Standards

On April 9, The Natural Resources Board approved starting a new rulemaking effort to establish groundwater standards for six PFAS compounds, following an earlier attempt initiated in fall 2022 to regulate four PFAS at levels as low as 4 parts per trillion (ppt).

The previous proposal stalled because its estimated implementation and compliance costs exceeded $33 million within two years, surpassing the $10 million threshold set by the REINS Act, which requires explicit legislative approval. The Legislature would have needed to enact legislation to authorize rulemaking to resume, but this did not occur. The new rulemaking is moving forward, though DNR officials stated they cannot yet determine whether the revised proposal will again trigger the REINS threshold until further analysis is conducted. Public hearings are anticipated soon on the restarted proposed regulations.