PFAS

U.S. EPA Releases New Health Advisory Level for PFAS

Today, the U.S. Environmental Protection Agency (EPA) released an updated Health Advisory Level (HAL) for four perfluoroalkyl and polyfluoroalkyl substances (PFAS) compounds.

We appreciate the EPA’s ongoing work to assess PFAS contamination in the environment. Wisconsin’s Department of Natural Resources and Department of Health Services will continue to coordinate a review of EPA’s advisory levels to assess how it will impact prior recommendations.

At this time, for sites where there has been a discharge of PFAS to the environment, the HALs are not cleanup standards, but may be one factor considered when developing case-by-case remedial objectives based on site-specific information.

The issuance of these HALs by the EPA acknowledges the significant health risks associated with PFAS and reinforces that efforts taken to reduce the level of PFAS in drinking water will reduce risks to human health.

Earlier this year, Gov. Evers launched a voluntary sampling program for municipal public drinking water systems. This program – which communities may still register for here – enables leaders and residents to gather data about PFAS in their drinking water.

Wisconsin expects to receive more than $800 million in Bipartisan Infrastructure Law funds to provide loans and grants to communities working to treat and mitigate exposure to PFAS.

PFAS are a group of human-made chemicals used for decades in numerous products, including non-stick cookware, fast food wrappers, stain-resistant sprays and certain types of firefighting foam. These legacy contaminants have made their way into the environment in a variety of ways, including spills of PFAS-containing materials, discharges of PFAS-containing wastewater to treatment plants, and use of certain types of firefighting foams.

Visit the Wisconsin DNR website to learn more about measures undertaken to mitigate PFAS contamination in Wisconsin, including creating and implementing the PFAS Action Plan.

Update on Lawsuit RE: Regulation of PFAS Under Spills Law

On April 12, 2022, Waukesha County Circuit Court Judge Bohren issued a decision regarding the DNR’s authority to regulate “emerging contaminants” (including PFAS compounds) as hazardous substances under the Spills Law. The DNR has appealed the decision.

On June 7, 2022, Judge Bohren granted the DNR’s request for a stay of his decision for the duration of the appeal process. The stay allows the department to continue under the Spills Law to work with responsible parties whose sites are contaminated by PFAS. The stay also means that Wisconsinites with private wells contaminated with PFAS who are currently receiving emergency bottled water may continue to receive a source of safe drinking water while the department appeals the order.

Given that the case remains pending in litigation, the DNR has no further comment.

Natural Resources Board To Consider Proposed Rules For PFAS Standards In Water

The Natural Resources Board (NRB) will consider the adoption of proposed standards for PFAS in drinking water, surface water and groundwater at their meeting on Wednesday, Feb. 23, 2022.

Members of the public are invited to share their opinion about these proposed rules by either submitting written comments or speaking at the NRB meeting. All written comments and requests to testify at the meeting must be received by the Board Liaison by 11 a.m. on Friday, Feb. 16.

PFAS are a group of human-made chemicals used for decades in numerous products, including non-stick cookware, fast food wrappers, stain-resistant sprays and certain types of firefighting foam. These legacy contaminants have made their way into the environment in a variety of ways, including spills of PFAS-containing materials, discharges of PFAS-containing wastewater to treatment plants, and use of certain types of firefighting foams.

The NRB sets policy for the DNR and has the authority to approve or reject these rule proposals. Rules that do not receive approval from NRB are no longer considered for adoption. If approved by the NRB, proposed rules are sent to the Governor and State Legislature for final approval and promulgation into Administrative Code. The NRB approval of the statement of scope launched the rulemaking process in October 2019.

Visit the Wisconsin DNR website to learn more about the Natural Resources Board and PFAS.

Updates From DHS Clarify Hazard Index Reporting

On June 7, the Wisconsin Department of Health Services (DHS) provided the Wisconsin Department of Natural Resources (DNR) with an updated letter on the utilization of the hazard index (HI) approach to assess the cumulative risk of PFAS (per- and polyfluoroalkyl substances).

This updated letter clarifies recommendations provided to the DNR in November 2020, making clear that the hazard index should be reported to one decimal place (examples are provided in the memo). No other changes to the DHS recommended approach were made.

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DNR Adopts the Department of Health Services’ Recommended Hazard Index (HI) Approach

DNR Adopts the Department of Health Services’ Recommended Hazard Index (HI) Approach for Evaluating Human Health Risk of Certain PFAS due to Ingestion of Drinking Water

On Nov. 6, 2020, the Wisconsin Department of Health Services (DHS) provided the Wisconsin Department of Natural Resources (DNR) recommended groundwater standards for 16 PFAS substances (known as “Cycle 11”). Shortly thereafter, DHS provided recommendations to DNR for utilizing a hazard index approach to assess the cumulative risk of these PFAS, including PFOA and PFOS from Cycle 10. The hazard index risk assessment approach is used to assess the cumulative risks of compounds with similar health effects that are typically found as mixtures in environmental samples. This approach has been employed by DHS to evaluate certain classes of pesticides and volatile organic compounds as well as by the United States Environmental Protection Agency (EPA) to evaluate the risk posed by non-carcinogenic chemicals found at Superfund sites.

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Wisconsin Adjusts PFAS Default Reporting List for Regulatory Sampling and Lab Certification from 36 to 33 PFAS Compounds

After careful consideration, effective March 1, 2021, the Wisconsin Department of Natural Resources (DNR) no longer expects regulated entities, unless otherwise directed by DNR, to sample for or laboratories to report three of the 36 PFAS compounds on the default PFAS list. Site-specific circumstances may influence whether the DNR approves a deviation for sampling for those 33 PFAS compounds.

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Reminder: Issues & Trends Webinar on October 21, 2020; PFAS Discussion with Ginny Yingling, MN Dept. of Health

The Remediation and Redevelopment Program reminds you that it will present the next installment of its Issues & Trends webinar series next week on Wednesday, October 21, from 12:00 p.m. to 1:00 p.m.

The scheduled presentation is PFAS: Fate & Transport, Site Characterization and Remediation.

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Reminder: Issues & Trends Webinar on October 21, 2020: PFAS Presentation by Ginny Yingling of the MN Dept. of Health

The Remediation and Redevelopment Program reminds you that the next webinar in the Issues & Trends series will take place on Wednesday, October 21, 2020 from 12:00 p.m. to 1:00 p.m.

The scheduled presentation is PFAS: Fate & Transport, Site Characterization and Remediation.

Continue reading “Reminder: Issues & Trends Webinar on October 21, 2020: PFAS Presentation by Ginny Yingling of the MN Dept. of Health”

Reminder Letter Sent to Responsible Parties to Evaluate for Emerging Contaminants During Site Investigations

The Remediation and Redevelopment (RR) Program is sending 3,038 letters to parties responsible for cleanup at open remediation sites in Wisconsin.

The letter is a reminder to those responsible parties (RPs) to consider per- and poly-fluoroalkyl substances (PFAS) or other suspected emerging contaminants (e.g. 1,4 – Dioxane) during the site investigation scoping phase of their remediation efforts, per NR 716.07 and NR 716.09. A site investigation may be considered incomplete if the RP does not consider and address all hazardous substances or environmental pollution at a known site or facility subject to ch. 292, Wis. Stats., including emerging contaminants like PFAS.  Failure to do so could result in the need for additional assessment work or field work and potential closure delays.

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Comment and Review of Statement of Scope Concerning Regulation of Fire Fighting Foam

The Department of Natural Resources will hold a preliminary public hearing on Statement of Scope SS 015-20 related to the creation of chapter NR 159 to promulgate emergency and permanent rules concerning the regulation of firefighting foam that contains certain contaminants, at the time and place shown below.

Hearing Information

  • Date: June 4, 2020
  • Time: 1:00 p.m.
  • Location: Online via Skype link

The public has the opportunity to testify at the hearing. Comments on the scope statement must be received on or before June 4, 2020. Written comments may be submitted by U.S. mail, E-mail, or through the internet and will have the same weight and effect as oral statements presented at the public hearing.

Written comments and any questions on the scope statement should be submitted to:

Wisconsin Department of Natural Resources
Attn: Kate Strom Hiorns – WA/5
P.O. Box 7921
101 S. Webster Street
Madison, WI 53707-7921

Or via email to: KathrynM.StromHiorns@wisconsin.gov

The Statement of Scope may be reviewed at: https://dnr.wi.gov/news/input/ProposedPermanent.html