The Department of Natural Resources (DNR) has announced new administrative rules for perfluroalkyl and polyfluroalkyl substances (PFAS). Called “forever chemicals,” PFAS and similar chemicals were used in man-made products from non-stick fast food wrappers to firefighting foam for decades.
The bio-resistant chemicals don’t break down in nature nor within our bodies, and have been linked to numerous chronic diseases including cancers.
Two of the rules, now in effect, place regulatory standards for PFAS in drinking water and surface water. A third administrative rule set requirements related to the use of fire fighting foam with PFAS. Additionally, the third rule replaces the emergency rule for PFAS-containing firefighting foam, which has been in effect since December 2020. This prohibited the intentional use of PFAS-containing firefighting foam except in emergency situations or during testing purposes.
Establishing rules for PFAS in drinking water has been a difficult journey for the state. In February, the Natural Resources Board rejected the advice of scientists who recommended limits for PFAS in drinking water be set at 20 parts per million. The recommendation was also backed by the Department of Health Services. In a 6-1 vote, however, the board set a limit of 70 parts per million.
Earlier this month, Attorney General Josh Kaul filed a lawsuit against three Wisconsin manufacturers and 15 other defendants accused of contaminating the state with PFAS and its relatives. Environmental groups have also pushed the DNR to institute PFAS standards for groundwater.
Implementing the most recent trio of administrative rules were identified as priorities by the Wisconsin PFAS Action Council (WisPAC) in the state’s PFAS action plan. WisPAC consists of representatives from close to 20 state agencies.