PFAS Issue Updates - PFAS in Wisconsin - Hamilton Consulting Group

Introduction
- PFAS (per- and polyfluoroalkyl substances) are a family of thousands of manufactured chemicals that are found in many everyday items, including nonstick cookware, food packaging, cleaning products, paints, and firefighting foam. PFAS are present in the bloodstream of 98 percent of Americans. Some studies have found an association between exposure to several compounds in the PFAS family and an increased risk of certain health conditions. The health effects of most PFAS have not been studied.
  
  The U.S. Environmental Protection Agency plans to propose a federal rule regulating certain PFAS in drinking water by the end of 2022 and to finalize the rule the following year. Many states, including Wisconsin, have also considered or implemented their own laws and rules concerning PFAS. Hamilton Consulting Group closely monitors legislative and regulatory developments related to PFAS at both the state and federal levels. Review the materials below for more information on PFAS in Wisconsin.
Administrative Rules
- The Rulemaking Process
  
  The Wisconsin Department of Natural Resources (DNR) develops administrative rules on aspects of environmental policy including air and water quality, wildlife and fishery management, and waste disposal. Rules proposed by DNR must be reviewed and approved by the Natural Resources Board (NRB), an oversight board with seven members appointed by the governor to serve staggered six-year terms. Chapters containing DNR rules can be found in the NR section of the Wisconsin Administrative Code.
- DNR Rulemaking: NR 140 Groundwater Quality Standards
  Status: Scope statement approved by the governor; awaiting preliminary hearing and NRB vote.
  
  Summary: Proposes groundwater standards for four PFAS (PFOA, PFOS, PFBS, and GenX chemicals) based on health advisories issued by the U.S. EPA.
  
  Scope Statement: SS 075-22 was approved by the governor on September 8, 2022.
  - Sep. 20, 2022
    
    DNR Begins New Groundwater Rulemaking
- Active DNR Rules
  DNR has several rules in place regulating PFAS:
  
  Drinking Water
  
  Chapter NR 809 includes drinking water maximum contaminant levels of 70 parts per trillion for PFOA and PFOS.
  
  Surface Water
  
  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. Previously, DNR could address PFAS discharges in WPDES permits on a case-by-case basis. This rule set a uniform standard and procedures.
  
  Firefighting Foam
  
  Chapter NR 159 limits and regulates the use, storage, containment, treatment, and disposal of aqueous film forming foam (AFFF) containing PFAS. This foam is used to extinguish liquid fires, particularly fuel fires at airports and harbors.
  - Jun. 17, 2022
    
    State Rules Move Forward
  - Mar. 02, 2022
    
    DNR Board Approves, Modifies, Rejects PFAS Rules
  - Oct. 07, 2021
    
    DNR Proposes Permanent Foam Rule, Provides Fiscal Analysis
Legislation (2023-24 Session)
- The Wisconsin Legislature will begin its 2023-2024 legislative session following Inauguration Day on January 3, 2023. This section will be updated as bills are introduced. For information from previous sessions, visit this page.
  - May. 19, 2023
    
    Environmental Policy: DNR Budget, PFAS Legislation, NRB Appointments
Other PFAS Items in Wisconsin
- Wisconsin PFAS Action Council (WisPAC)
  
  DNR WisPAC Website
  
  In accordance with Executive Order 40 (August 2019), Wisconsin DNR and other state agencies convened the Wisconsin PFAS Action Council (WisPAC). The executive order directed the council to develop an action plan. A draft plan was released for public comment in September 2020.
  
  On December 16, 2020, Governor Evers announced that WisPAC had released the statewide PFAS Action Plan. The plan includes 25 action items, organized into eight themes: Standard Setting, Sampling, Pollution Prevention, Engagement, Education and Communication, Research and Knowledge, Phase Out, Future Investments, and Identify and Address Historic Discharges.
  
  On January 22, 2021, Governor Evers announced that his administration will solicit bids from law firms to find a legal team to litigate against companies responsible for discharging PFAS compounds in Wisconsin. This follows from the PFAS Action Plan recommendation to “take appropriate legal actions against companies responsible for PFAS discharges.”
- PFAS in Marinette and Peshtigo
  
  DNR website regarding PFAS in Marinette and Peshtigo
  
  As we reported here, in January 2021, three companies settled a $17.5 million lawsuit with Peshtigo residents concerning PFAS contamination in the area. The PFAS contamination came from firefighting foam developed and tested at the Fire Technology Center and nearby sites in the Peshtigo/Marinette area. Tyco has committed to remediating the contamination and paying for a new water line to provide clean drinking water to area residents. In May 2020, it was reported that sampling at 247 out of 269 wells in and around Peshtigo had PFAS levels below the recommended federal health standard (70 ppt), while 38 wells had PFAS levels above the state’s recommended groundwater standard (20 ppt).
- PFAS in La Crosse
  
  City of La Crosse website regarding PFAS near the La Crosse Regional Airport
  
  According to the City of La Crosse, PFAS compounds were “detected in two City of La Crosse municipal wells and groundwater samples near the La Crosse Regional Airport. The levels of PFAS detected are a result of the utilization of firefighting foam” on French Island, which lies just west of La Crosse and contains both the La Crosse Regional Airport and the adjacent Town of Campbell. Subsequent testing at private wells in the surrounding area found more than 100 private wells with elevated levels of PFAS.
  
  On February 9, an attorney representing a group of 125 Campbell residents served the City of La Crosse with a lawsuit over the PFAS contamination in private wells. On February 11, the La Crosse Common Council voted to hire attorneys to litigate against chemical companies that manufactured the PFAS chemicals used at the airport.
- PFAS in Dane County
  
  City of Madison website regarding PFAS in water
  
  Public Health Madison & Dane County website regarding PFAS
  
  According to the City of Madison, “At least some PFAS are present in every Madison well, with total amounts ranging from 2.5 to 47 parts-per-trillion.” All city wells have PFAS levels below the groundwater standards recommended by the state Department of Health Services.
  
  According to Public Health Madison & Dane County, “In the City of Madison, known sources of PFAS contamination are Truax Field Air National Guard Base and the Regional Airport due the use of firefighting foams at the sites. Work is underway with the Wisconsin Department of Natural Resources, Wisconsin Air National Guard, Dane County, and City of Madison to address the PFAS contamination.”

PFAS

Contents

Introduction

Administrative Rules

The Rulemaking Process

DNR Rulemaking: NR 140 Groundwater Quality Standards

Active DNR Rules

Legislation (2023-24 Session)

Other PFAS Items in Wisconsin

Wisconsin PFAS Action Council (WisPAC)

PFAS in Marinette and Peshtigo

PFAS in La Crosse

PFAS in Dane County