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DNR authorizes public hearings on proposed numeric groundwater PFAS standards after updated DHS recommendations
Summary
The board approved a preliminary public hearing and comment period to begin formal rulemaking aimed at setting numeric groundwater standards for PFAS as recommended by the Department of Health Services and informed by federal guidance. The action will open NR 140 rulemaking and allow public comment on draft numeric levels and implementation.
The Natural Resources Board voted Feb. 20 to authorize a preliminary public hearing and comment period for a scope statement to update NR 140 and set numeric groundwater standards for per- and polyfluoroalkyl substances (PFAS). The department said the action follows updated Department of Health Services recommendations received in January 2025 and recent federal guidance on PFAS.
Why it matters: Numeric groundwater standards under NR 140 would guide cleanup expectations, liability triggers for regulated parties and thresholds used in permitting and enforcement. The proposed NR 140 updates will have consequences for private well users, industrial and agricultural sites and for remediation priorities across the state.
What the board approved: The board authorized staff to publish the statement of scope for board docket DG-2-25 and to hold a preliminary public hearing and comment period. The authorization passed by voice vote. Staff said the scope will reflect six PFAS of concern as recommended by DHS and will consider how the state drinking water rulemaking (NR 809) and federal EPA actions interact with groundwater standards.
Process and next steps: The department will schedule hearings, circulate the proposed scope text and accept written comment. Staff noted the draft rule could be affected by any federal rulemaking timetable: EPA’s national drinking water standards for PFAS are under federal review, and the department will align its state rulemaking steps where needed to preserve primacy and avoid duplication. The meeting record indicates the board specifically discussed whether the REINS Act (statutory legislative review for rules exceeding $10M in cost) should apply; staff said the department will track cost and impacts and explained the governor’s proposed budget included PFAS remediation funds.
Public input and concerns: At the meeting, board members and staff urged extensive public outreach, particularly to private well users and communities relying on groundwater. Department representatives emphasized that groundwater standards differ from drinking-water (NR 809) standards and are intended to govern groundwater contamination thresholds and cleanup requirements statewide.
Timing: Staff will post the scope and hearing schedule on the DNR rulemaking web page and return to the board with a summary of public input and proposed rule text after the hearing period.
