Developing New Environmental Safeguards for PFAS
— MEA is actively participating in the development of state and federal environmental safeguards to protect Wisconsin residents from PFAS contamination.
Latest News
New statewide enforcement standards for PFAS in surface water and municipal drinking water took effect in August 2022. The Wisconsin Department of Natural Resources (DNR) is now moving forward with the process of establishing water quality standards to limit PFAS in groundwater.
Case Summary
WHAT IS WISCONSIN DOING TO REGULATE PFAS?
In Wisconsin, water quality standards are developed through the administrative rulemaking process. Administrative rules are written and enforced by state agencies such as the Department of Natural Resources. Rules have the force of law. They are used to implement, interpret or clarify statutes passed by the legislature. Before the DNR can make a new rule, the agency must consider input from the public.
- Statewide Enforcement Standards for Municipal Drinking Water
The Wisconsin Department of Natural Resources has developed enforcement standards for PFOA and PFOS in municipal drinking water and surface water, but not for groundwater. The new drinking water enforcement standard, which took effect on August 1, 2022, is 70 parts per trillion (ppt). - Statewide Enforcement Standards for Groundwater
The DNR is currently developing enforceable standards for PFAS in groundwater. According to a scope statement approved by the Natural Resources Board in December 2022, the DNR proposes adopting enforceable standards for some of the most widely studied PFAS substances, including PFOS, PFOA, PFBS and GenX chemicals.
A scope statement is the first step in developing enforceable groundwater standards through the administrative rulemaking process. That process had been nearing completion in February 2022 when it was abruptly ended by four members of the NRB who rejected proposed PFAS standards for groundwater, despite having voted to approve standards for drinking water and surface water.
In July 2022, MEA submitted a petition to the DNR to restart the rulemaking process on behalf of the League of Women Voters of Wisconsin and S.O.H2O, a grassroots group dedicated to securing safe drinking water for Peshtigo and Marinette residents. MEA has urged the DNR to continue the rulemaking process without delay. Because much of the groundwork has already been laid, we are hopeful that the process can move forward more quickly than last time. - Statewide Testing Requirements
Wisconsin water utilities are required to test for certain PFAS under state law. Statewide testing is conducted using EPA Analytical Method 537.1, which can detect 13 PFAS with federal or state health-based safety indicators. The DNR expects to finish testing by December 2023. Visit DNR's Drinking Water System Portal to see if your water utility has already tested for PFAS.
WHAT IS THE FEDERAL GOVERNMENT DOING TO REGULATE PFAS?
- Federal Enforcement Standards for Municipal Drinking Water
In March 2023, the Environmental Protection Agency (EPA) proposed to establish enforceable nationwide standards to minimize concentrations of certain PFAS in municipal water systems. The federal agency is seeking to set maximum contaminant levels for PFOS and PFOA at 4 parts per trillion (ppt). In addition, the EPA is proposing to regulate PFNA, PFBS, PFHxS, and GenX as a mixture, using a hazard index calculation to determine if the combined levels of these substances pose a public health risk. The rule is expected to be finalized by the end of 2023. It will go into effect three years after promulgation. - Federal Testing Requirements
The EPA currently requires water utilities serving more than 10,000 people to test for 29 unregulated PFAS under the Unregulated Contaminant Monitoring Rule of the Safe Drinking Water Act. Smaller water systems will be required to test subject to congressional appropriations funding and laboratory capacity.
#PFASFREE WISCONSIN
We believe the people of Wisconsin have a right to know if their drinking water is contaminated with toxic PFAS so they can protect themselves and their families from exposure. That's why MEA launched PFASFree Wisconsin, an advocacy campaign designed to build a broad base of support for testing all public water systems in Wisconsin and making the results available to the public. Visit pfasfree.org to learn more.
RESOURCES
New guide from MEA: Talking with Local Officials about PFAS Testing (pdf)
