2 Republican legislators push to set standards for PFAS in groundwater

MADISON – A newly proposed bill could give the Department of Natural Resources the green light to move forward with setting groundwater standards for "forever chemicals," despite the high cost of implementation.

The bill, introduced by Sens. Eric Wimberger and Rob Cowles, both Republicans from Green Bay, would allow the DNR to renew its effort to set standards for groundwater after it was announced last year the effort was halted due to the cost.

"The costs of the groundwater standards could be significant. However, the benefits are substantial by finally stopping the spreading of biosolids contaminated by PFAS which leads to rural property values tanking and the potential for millions in remedial costs down the line," said the memo circulated in an attempt to gain cosponsors for the bill.

"Additional benefits come from reduced or avoided health implications from the consumption of high levels of PFAS. Those financial costs and benefits were recognized nearly six years ago when this rulemaking process began, and remain true today."

The DNR determined last year that the rules could impose more than $10 million in compliance costs for property owners or communities, and state regulations bar rulemaking from continuing if the cost goes above that total. The statute is known as the REINS Act.

The bill isn't an exemption to the REINS Act, but instead provides an avenue for legislative approval to move forward with costly regulations. A bill exempting the PFAS groundwater rule from the REINS Act was introduced by Democrats earlier this month but is unlikely to gain support in the Legislature.

When he announced that the rulemaking had faltered, Democratic Gov. Tony Evers asked Republicans to create legislation exempting PFAS from the act, noting that a million Wisconsinites rely on groundwater for drinking and cooking.

Wimberger said he and Cowles created this legislation not because of Evers' request, but because it's needed by the people who are struggling with PFAS.

"We're proposing this because it needs to get done," Wimberger said. "Not because of anything else.

While a number has not yet been suggested for the standards for PFAS in groundwater, it will likely be lower than the 70 parts per trillion that was suggested last time. Since then, the federal government has advocated a limit as low as 4 parts per trillion for two of the most common compounds in the PFAS family — PFOA and PFOS. Numbers will be introduced formally by the DNR later before the Natural Resources Board, which sets policy for the DNR.

Evers also suggested that a PFAS bill introduced this session could be harmed by a lack of groundwater standards, but both Cowles and Wimberger disputed that idea.

The PFAS bill was created after the Legislature approved a $125 million "trust fund" to address PFAS during the budgeting process. But that funding could not be used by the state Department of Natural Resources without legislation to outline how it could be spent, or without explicit approval from the Legislature's budget committee.

Shortly after the passage of the budget, a sweeping PFAS bill was introduced, but it has faced pushback from Evers, environmental groups and the residents of PFAS-polluted communities, resulting in amendments. Though the bill gained the support of the Senate, it still has not received a vote in the Assembly, and Evers has cast doubt on whether or not he'd sign it.

The PFAS bill would create grant programs aimed at providing aid to communities with contamination and limit the actions that the DNR could take to address contamination or hold polluters accountable, in addition to funding research and creating other programs.

The Assembly still needs to give the bill a thumbs up before it can go to Evers for final approval. With the end of the legislative session quickly approaching, time is running out for the bill.

As for the new bill, Wimberger acknowledged that the time for getting bills fully approved by the Senate and Assembly is dwindling.

"You do the best you can with what you've got," he said.

About PFAS: man-made chemicals used in many products

PFAS, or per- and polyfluoroalkyl substances, are a family of man-made chemicals used for their water- and stain-resistant qualities in products like clothing and carpet, nonstick cookware, packaging and firefighting foam.

The family includes 5,000 compounds, which are persistent, remaining both in the environment and human body over time.  The chemicals have been linked to types of kidney and testicular cancers, lower birth weights, harm to immune and reproductive systems, altered hormone regulation and altered thyroid hormones.

The chemicals enter the human body largely through drinking water. PFAS have been found across Wisconsin in both surface water and drinking water sources.

Laura Schulte can be reached at leschulte@jrn.com and on X at @SchulteLaura.