The Natural Resources Board is set to vote on 'forever chemical' standards in ground, surface and drinking water later this month

Laura Schulte
Milwaukee Journal Sentinel

MADISON – The Natural Resources Board is poised to take up measures regulating the amount of "forever chemicals" in Wisconsin's waters later this month, potentially sending the standards onto the Legislature. 

The board, which sets policy for the state Department of Natural Resources, will examine and vote on standards for PFAS in the state's drinking, surface and ground water on Feb. 23, a measure the agency says will keep residents safe from the potential toxic effects of the compounds. 

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.  

More: What are PFAS? Here's what you need to know about the emerging contaminant group known as 'forever chemicals'

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.

The compounds have been found in over 50 sites around the state, the latest being the city of Wausau, which discovered levels above the proposed standards in all its drinking water wells

The DNR has been working on the recommended standards, reading research and conducting sampling since 2019. The standards have appeared before the board during that process, and have received support from members. 

The drinking water regulations would set a standard at 20 parts per trillion for both PFOA and PFOS individually and combined, as recommended by the state Department of Health Services.

The rule would also establish initial and routine monitoring for public water systems, as well as establishing an approved methodology for sampling. Water systems could apply for a waiver for routine monitoring under certain conditions. 

Under the rules, if approved by the Legislature, any water system with PFOA or PFOS above the 20 ppt limit, either separately or combined, will be required to take measures to return to compliance, which could include drilling a new well or installing an approved treatment system.

More: 'It's really frightening': Residents at public hearing urge DNR officials to move forward with groundwater standards

The implementation and compliance cost of the drinking regulations is expected to be more than $5.6 million in the first year, including the costs for monitoring and for water systems that may be required to mitigate for PFOA or PFOS, according to the fiscal estimate issued by the DNR. 

After the first year, the DNR estimates costs will fluctuate, with costs for years 2 through 6 being about $4 million.

The DNR estimates that nine public water systems will exceed the drinking water standards and will install granulated activated carbon systems. Those systems will be able to access a Safe Drinking Water Loan program to finance the projects. Over 20 years, those nine systems could spend around $35.2 million, including interest on the project, and a total annual maintenance cost of nearly $2 million yearly. 

For groundwater, standards proposed for PFOA and PFOS would be set at 20 parts per trillion, with a preventive action limit of 2 parts per trillion, which would trigger further testing. 

More: 'We must simply follow the science': Wisconsinites urge adoption of 'forever chemical' regulations proposed by DNR

Other substances included in the rule are aluminum, E. coli bacteria, boron and cobalt. 

The estimated cost of compliance with the rule will be about $430,000 a year for local governments over a five-year period. That includes the cost of wastewater sampling, groundwater monitoring and the management of biosolids — or the sludge left after wastewater is treated and separated from solids. 

As for surface water, the proposed standards would set the preventive action limit for PFOS for 8 parts per trillion for all waters except those that cannot naturally support fish and do not have downstream waters that support fish. For PFOA, the preventive action limit would be 20 parts per trillion for waters classified as public water supplies, and 95 parts per trillion for other surface waters. 

The estimated total cost for wastewater permittees would be more than $2 million for small businesses throughout the state. 

Standards could face scrutiny from board, industry

While the rules have received praise from communities impacted by PFAS contamination, they are likely to face pushback as they advance to the board and if they go in front of the Legislature later this year. 

The new chair of the board, Greg Kazmierski, said in an interview earlier this month that the members will be looking for sound standards coming from the DNR. He said that he's already spoken with DNR Secretary Preston Cole about making sure to bring forward standards and other proposals that are going to be passable by the board.

"Don't just give us garbage to have to pass for the sake of passing something," he said. 

Groups such as Wisconsin Manufacturers & Commerce, the state's largest business lobby; the American Forest and Paper Association; the Midwest Food Products Association; the Water Quality Coalition; and the Wisconsin Rural Water Association have registered in opposition to the standards and have delivered testimony to the DNR. 

Most of the pushback has hinged on the fact that federal standards for PFAS in drinking water are in the works, but there are no federal standards for groundwater, which is the source of drinking water for a large number of Wisconsinites. 

The standards will likely also face scrutiny from the Republican-dominated Legislature. In past hearings regarding PFAS, Republicans have suggested that not enough information is known about the chemicals to regulate them, and said that regulations could be a threat to state industries. 

The board meeting will be at 8:30 a.m. Feb. 23, at the State Natural Resources Building, 1010 S. Webster St. in Madison. 

The meeting will also be broadcast live on the DNR's YouTube channel

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