Natural Resources Board signs off on groundwater rules for PFAS
MADISON - The board responsible for setting policy for the Department of Natural Resources approved rules for "forever chemicals" in groundwater, which establishes standards for about 1 million Wisconsin residents who rely on private wells.
The Natural Resources Board unanimously approved the standards on Wednesday, Oct. 28, bringing the rules one step closer to being state law.
The proposed standards are set at 4 parts per trillion for PFOA and PFOS — two of the most common PFAS compounds — and 10 parts per trillion of PFHxS, PFNA and HFPO-DA, more commonly known as GenX.
The rule will now be sent to Gov. Tony Evers and the Legislature for review, before going into effect. The standards could be delayed by the Legislature, if lawmakers disagree with the limits put forth by the DNR.
About one-third of Wisconsinites rely on private wells that draw groundwater, which until this rule has gone unregulated, creating gaps in how the state can help residents facing PFAS contamination.
With standards for PFAS, residents who have contaminated wells above the levels in the proposed standards will be able to apply for aid from the state for another form of drinking water, or to drill a new well if possible.
The agency estimated the cost of enacting for the rule will be about $9.9 million, and would largely impact publicly owned water treatment works or industrial wastewater treatment facilities. Both entities would be required to treat any wastewater they release if the level of regulated PFAS are above the state standards, Carla Romano, the groundwater section manager with the DNR, said during the board's meeting.
Romano said public comment was largely supportive during the rulemaking process, but there were some concerns about compliance, and about changes to federal rules by the Trump administration, which raised the limits for some chemicals.
Speakers at the meeting all expressed support for the rule. Jeff Lamont, a resident of Peshtigo, the home of one of the state's largest PFAS contaminations stemming from the Tyco Fire Training facility, said he and others living in the area were excited to see the rule reach a final vote.
"I lived in the Tyco groundwater PFAS plume for most of my life, and was on bottled water for nearly eight years in the town of Peshtigo," he said. "This is a particularly important day for me personally ... and for the rest of the people of Wisconsin who rely on groundwater as their primary source of drinking water."
Peter Buress, the government affairs manager for Wisconsin Conservation Voters, also encouraged members to approve the rule.
"We owe it to every Wisconsinite to make progress on this issue as quickly as possible," he said.
Groundwater rules are used to regulate solid and hazardous waste spills and remediation sites, wastewater and water quality, septic tanks, salt storage and fertilizer and pesticides, in addition to protecting private wells.
Gov. Tony Evers and the DNR last proposed groundwater standards in 2022 , but because of the cost of treating groundwater, the rule was abandoned under the REINS Act, a law that requires legislative approval for the rulemaking process to continue when costs reach $10 million.
Though lawmakers attempted to introduce legislation that would exempt groundwater standards for PFAS from the REINS Act last session , the bill was not taken up before the end of the last legislative session. No similar bill has been introduced this session.
Wisconsin already has standards for drinking water from public water systems for PFOA and PFOS, set at 4 parts per trillion. The standards were updated in January, dropping the previously enacted rule of 70 parts per trillion.
What are PFAS?
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.
Laura Schulte can be reached at leschulte@jrn.com and on X @SchulteLaura .
This article originally appeared on Milwaukee Journal Sentinel: Natural Resources Board signs off on groundwater rules for PFAS
