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DEQ reports high compliance on lead service‑line inventories, outlines PFAS testing and challenges on 401 jurisdiction

May 24, 2025 | Minerals, Business & Economic Development, Joint & Standing, Committees, Legislative, Wyoming


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DEQ reports high compliance on lead service‑line inventories, outlines PFAS testing and challenges on 401 jurisdiction
Department of Environmental Quality Director Todd Parfitt and Water Quality Administrator Jennifer Zingmitt briefed the committee on water‑quality priorities including lead service‑line inventories, PFAS testing and Clean Water Act 401 certification jurisdiction.

Lead service lines: Zingmitt said communities completed inventories required by the federal lead and copper rule by the October deadline and that DEQ has recorded about 525 identified lead service lines so far. She said a substantial universe of unknown service lines remains; communities must now verify unknowns to determine which lines require replacement and then develop replacement plans.

PFAS and emerging contaminants: Parfitt described PFAS (per‑ and polyfluoroalkyl substances) as an emerging national issue. He said EPA has established a maximum contaminant level (MCL) of 4 parts per trillion for the PFOA/PFOS class and DEQ is sampling community water supplies. Parfitt told the committee that infrastructure funding in the federal Bipartisan Infrastructure Law includes annual allocations for PFAS and emerging contaminants (he cited roughly $7–8 million per year for Wyoming for five years, about $35 million total) and that additional funding could come from litigation against PFAS manufacturers in some states. He said common PFAS sources include AFFF firefighting foam, airports and military installations.

Clean Water Act 401 certifications and Yellowstone: Parfitt said recent federal 401 rule changes incorporated a concept of “lands of exclusive jurisdiction” and EPA has determined Yellowstone National Park falls under exclusive EPA jurisdiction for 401 certification and NPDES surface‑water discharge permitting in some interpretations. Wyoming, Montana and Idaho disputed that characterization; governors of the three states sent EPA a joint letter and Wyoming has filed litigation challenging EPA’s approach. Parfitt told the committee DEQ has implemented Clean Water Act programs in Yellowstone for decades and is asking that status quo be restored.

Why it matters: Lead service‑line replacement and PFAS compliance are federal requirements with local costs and public‑health implications. The 401 dispute affects which agency reviews federal actions in park waters and could change who approves water‑quality protections in Yellowstone.

Ending: Parfitt and Zingmitt said DEQ will continue technical assistance to communities, pursue PFAS sampling and work with federal partners as litigation and rulemaking proceed.

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