DNR expands scope of pollution probe

Chemical companies ordered to widen efforts

State regulators have ordered Johnson Controls International to broaden its efforts in northeastern Wisconsin to assess the extent of chemical pollution linked to firefighting foam manufactured by one of its business units.

In a July 3 letter from the Department of Natural Resources, the Glendalebased company was directed to test soil and private wells in areas covering more than 3,500 acres of agricultural land in the Marinette area for the presence of perfluorinated chemicals.

The DNR also ordered Johnson Controls to start sampling the Menominee and Peshtigo rivers for evidence of the chemicals.

Separately, in a July 2 letter, the DNR identified ChemDesign Products of Marinette as an additional responsible party in the pollution case.

Until now, the DNR has focused on Johnson Controls and one of its companies, Tyco Fire Products, a maker of firefighting foam.

ChemDesign, which was acquired by Milwaukee-based Lubar & Co. in 2012, manufactures chemicals in firefighting foams.

‘Forever chemicals’ turning up in water

Perfluorinated chemicals, also known as PFAS, are sometimes referred to as “forever” chemicals because of their ability to persist in the environment for long periods. The compounds are drawing increased attention as they turn up in drinking water across the country and because of the health risks they may pose.

In Wisconsin, the largest known source of contamination of surface and groundwater has been in the Marinette area, where Tyco operates a manufacturing plant and a fire training center.

In June, the DNR alleged Johnson Controls failed to promptly report the release of the chemicals. As a result,

some residents unknowingly drank water for years that was contaminated.

The agency referred the matter to the state Department of Justice for civil prosecution.

Johnson Controls responded at the time that it was not obligated to notify authorities when the chemicals were first detected in 2013 because the company believed the contamination was confined to its property.

It wasn’t until November 2017 that Tyco said it believed the chemicals had spread elsewhere.

Since then, the chemicals have been found in private wells and in local surface waters, including Green Bay.

Trace amounts of the chemicals also have been detected in Marinette’s municipal drinking water, according to public records.

The impetus for testing local farm fields: PFAS had previously turned up in sludge left over from Marinette’s wastewater treatment.

Like many communities, it used contractors to spread the sludge on fields as a fertilizer — a practice that took place from 1996 to 2017, according to records from the City of Marinette.

A year ago, as details emerged that Marinette’s sludge showed elevated levels of the chemicals, citizens began pressing the DNR and Johnson Controls for more details and to assess the effects of more than two decades of spreading.

Tyco has acknowledged it discharged water from its operations that contained the firefighting foam, but in compliance with its wastewater permit.

Tyco’s firefighting foams contain PFAS, which are key ingredients in smothering fires, particularly those involving petroleum that can occur at airports and military installations.

PFAS have also been used by many manufacturers in an array of other products, including nonstick pans and water-repellent clothing.

Epidemiology studies cited in a federal report last year suggested that the compounds can lead to increased risk of pregnancy-induced hypertension, liver damage, thyroid disease, asthma, decreased fertility, some cancers and a drop in responses to vaccines.

Ground spraying suspended

According to the DNR, firefighting foams containing PFAS were sprayed on the ground regularly at the company’s 380-acre fire training center since about 1962. That practice was suspended in November 2017.

The foam had also been dumped down Tyco’s sanitary sewer until March, according to the DNR.

In a letter to the DNR sent on Wednesday — and provided to the Milwaukee Journal Sentinel — Johnson Controls said it believes there are other sources of PFAS in Marinette besides Tyco.

The company said it understands other sewer lines have tested positive for the chemicals and asked whether regulators have “investigated all potential sources of PFAS contamination.”

Johnson Controls also asked the DNR if the farmland the company is being asked to test has received sludge from other sources.

In an email, Johnson Controls spokesman Fraser Engerman said that the company is reviewing the DNR’s directives.

Engerman said that his company hasn’t discussed whether it would work jointly on the cleanup with ChemDesign, which did not return a phone call and email asking for comment.

Douglas Oitzinger, a former mayor of Marinette who has pushed for faster action, said he was pleased by the DNR’s latest directives, but he said more needs to be done.

“I have the feeling that more resources and attention are being brought to bear than before and that’s a good thing,” Oitzinger said.

“But come November, it will be three years since Tyco notified the DNR of what it had found.”

He said citizens still don’t know the extent of the pollution and whether some people with private wells are drinking unsafe water.

Said Engerman in an email:

“We have moved as quickly as technology and the regulatory process allows and as quickly as possible under the circumstances. Investigations are science-based and data-driven and we are currently collecting additional data per the DNR approved work plans.”

He said the company is providing bottled water to some residents and installed water purification systems in some homes. It’s also installed a treatment system in one waterway on its property and will soon have another system installed in a ditch leading to Green Bay.

The DNR’s latest directives follow recommendations from the administration of Democratic Gov. Tony Evers on June 21 to set strict new limits for 27 compounds in groundwater, including two types that have come from Tyco operations.

The state’s rulemaking process includes a review by the Republican-led Legislature, which could take 30 months.