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Board approves scope to adopt EPA PFAS drinking‑water standards; public urges faster timeline
Summary
The board approved a scope statement directing DNR to adopt EPA's April 2024 PFAS MCLs into state rule (NR809). DNR staff said ~91 public water systems exceed the federal MCLs and outlined a 3‑ and 5‑year federal compliance timeline; public commenters (Wisconsin Conservation Voters, Midwest Environmental Advocates) urged faster action and attention to groundwater/private wells and possible legislative hurdles under the REINS Act.
The Natural Resources Board on Oct. 23 approved a scope statement directing the Department of Natural Resources to begin rulemaking to adopt the U.S. Environmental Protection Agency’s 2024 maximum contaminant levels for PFAS into Wisconsin’s drinking‑water code (NR809).
Adam Dewees, public water supply section chief, told the board Wisconsin adopted state standards in 2022 that helped the department identify and sample more than 2,000 public water systems subject to the federal rule; he said the state is "in pretty good shape" because the earlier work established sampling networks and identified systems potentially above the new federal levels. Dewees said EPA published the final rule in April 2024; federal timing requires public water systems to begin initial monitoring within 3 years and to complete corrective actions within 5 years of the federal rule.
Members of the public urged speed. Peter Burris (Wisconsin Conservation Voters) told the board 91 public systems exceed EPA's new MCLs and urged DNR to finish final public hearings by June 2025; Rob Lee (Midwest Environmental Advocates) warned of possible disruptions if state rule implementation triggers the REINS Act (which can pause rules with high compliance cost estimates) and urged board members to stay engaged so the state retains primacy for enforcement rather than EPA stepping in.
Board members asked whether DNR has authority to take emergency action when a public‑health emergency is evident; Dewees said DNR and Department of Health Services have statutory authority to require sampling, public notice and, when necessary, do‑not‑drink orders and that the agencies are coordinating to update website guidance and advisories. Dewees said DNR is also helping systems apply for federal infrastructure funds to offset implementation costs.
The board approved the scope statement and will receive draft rule materials and further updates as DNR completes the economic analysis and public hearings.
