Bill takes aim at toxic chemicals
Evers backs effort to control emerging ‘forever’ contaminants
GREEN BAY – An emerging class of toxic chemicals is getting more attention in Madison as worries about contamination from the compounds is growing in Wisconsin.
Gov. Tony Evers, a Democrat, said Thursday he was supporting legislation to give state regulators more enforcement powers over the chemicals.
Also, two Republican legislators — Rep. John Nygren of Marinette and Sen. Rob Cowles of Green Bay — indicated that they would be advancing a more limited bill that would curtail the use of the chemicals in firefighting foam.
The legislation is coming amid rising national concerns about a group of compounds known as perfluorinated chemicals, sometimes called “forever chemicals” because of their difficulty to break down in the environment.
Frustrated that federal regulators are not moving fast enough to establish standards that would limit amounts that humans could be safely exposed to, states are now taking matters into their owns hands.
In Wisconsin, in the most high-profile known case of contamination, Tyco Fire Products, a unit of Johnson Controls International of Glendale, is in the midst of an extensive cleanup in Marinette, where Tyco produces firefighting foam and operates a testing center.
The legislative district that Nygen represents includes Marinette. Tyco is a large employer in the city.
The fire retardant contains the chemicals. Perfluorinated chemicals, sometimes referred to as PFAS, have been used in a wide range of other products.
While dozens of different chemicals are being detected in water, soil and in the air, two of the key compounds are perfluorooctanoic acid, or PFOA, and perfluorooctane sulfonate, or PFOS.
In Marinette, beginning in late 2017, the chemicals have been found in private wells and offshore in Green Bay.
They have also been found at military sites, including in groundwater at the Air National Guard 128th Air Refueling Wing in Milwaukee and at Truax Field in Madison.
Evers appeared in Green Bay with Preston Cole, secretary of the Department of Natural Resources, to express his support for legislation from Democratic lawmakers whose bill would give the DNR more powers to regulate the chemicals.
“We have a proud history of manufacturing in Wisconsin,” Ever said. “It’s even on our great state flag. Sadly, some substances used in the manufacturing processes are polluting the earth and making people sick.
“Some of those issues in those contaminants include legacy contaminants such as PFAS, which can lead to a number of health issues from liver damage to birth defects.”
The Democratic bill, patterned after measures in other states, would allow the DNR to set limits on allowable concentrations in drinking water, groundwater, surface water, air, soil, solid waste and sediments of public waterways.
A key requirement would allow state officials to speed up regulation by allowing the DNR to set interim standards that would go into effect after passage.
On a separate track, the regulations would go through the state’s formal rule-making process, which can take two or three years.
The Democratic bill would also require that parties that possess the chemicals show that they have the financial wherewithal to pay for a potential cleanup. It would also add 7.5 positions at the DNR to address contamination issues and four positions at the state Department of Health Services, including a position of research scientist.
One sponsor, Sen. Dave Hansen of Green Bay, said citizens have been frustrated by what they see as a slow response from the state.
Now, Republicans, who control the Legislature,and Democrats are taking up the issue in a different way, with Democrats pushing for more state oversight.
“I think it’s time for people to come together,” Hansen said. “This is one issue that we should be able to work together on.”
The Department of Health Services has been reviewing dozens of chemicals, some for more than a year, to determine a safe exposure level.
Separately, the U.S. Environmental Protection Agency is reviewing potential standards but has not established limits for the chemicals.
In November 2016, the EPA issued a lifetime health advisory of 70 parts per trillion, which is not legally enforceable for PFOA and a PFOS.
The Republican bill is taking a less restrictive tack. It would limit the use of firefighting foams that contain the compounds, known as Class B foams, but would allow exceptions for first responders and fire departments. The foams could be tested, as Tyco does, but only if done safely.
“We support bills like the one Representative Nygren proposed because they allow military and civilian firefighters to continue to use these foams for realworld highly hazardous fires,” said Tyco spokesman Fraser Engerman, director of global media relations for Johnson Controls.
Engerman said that Tyco’s foams contain a fluorinated surfactant that may contain trace amounts of PFOA.