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Board approves scope to set numeric groundwater PFAS standards based on DHS recommendations
Summary
The Natural Resources Board approved a scope statement to amend NR140 and set numeric groundwater quality standards for multiple PFAS compounds following Wisconsin DHS recommendations; the decision launches formal rule drafting and economic-impact analysis.
The Natural Resources Board on April 9 approved a statement of scope (Board Order DG02-25) directing the Department of Natural Resources to draft rule language to set numeric groundwater standards for per- and polyfluoroalkyl substances (PFAS) based on January 2025 recommendations from the Wisconsin Department of Health Services (DHS).
Why it matters: More than one million Wisconsin residents rely on groundwater for drinking water. Numeric groundwater standards would establish enforceable values and trigger monitoring, preventive-action steps and potential enforcement responses for contaminated sites that threaten private wells and groundwater-dependent users.
What the scope covers
- Substances: The scope directs work to develop groundwater numeric standards for six PFAS substances: PFOA, PFOS, PFHxS, PFNA, PFBS and HFPO-DA (commonly called GenX), following DHS recommendations that drew on U.S. EPA and public-health guidance.
- Tasks: With board approval of the scope, the department may now draft rule text, assemble an economic-impact analysis, and solicit stakeholder input during formal rulemaking. The department asked stakeholders to submit data and comments to inform the economic-analysis drafting.
Public comment and stakeholder input
- Support from conservation group: John Robinson, representing Wisconsin’s Green Fire, urged the board to proceed and emphasized that numeric groundwater standards are important to protect private-well owners and to trigger investigative and preventive actions when detections occur.
- Industry comment: The department reported it had received a joint written statement from the Midwest Food Production Association, Wisconsin Manufacturers & Commerce and the Wisconsin Paper Council urging robust engagement on economic-impact analysis and inclusion of compliance costs in the scope’s economic assessment.
Next steps and timeline
The approved scope allows the department to prepare a draft rule and an economic-impact analysis. The department said it cannot complete the economic-impact analysis until the scope statement was approved, but it encouraged stakeholders to submit data at any time to inform the work once drafting begins. The board did not adopt numeric values at this meeting; the scope starts the formal rulemaking timetable that will include public hearings and legislative review as required by law.
Ending: With the scope approved by motion, DNR staff will proceed to draft rule text and economic analyses and will return to the board with proposed rules and public‑comment opportunities.
