Milwaukee Journal Sentinel

PFAS regulation­s face hurdle

Rules for firefighti­ng foam containing “forever chemicals” are on hold after lobbying group pushes back.

- Laura Schulte

Wisconsin will take its first step toward regulating “forever chemicals” next month with a law requiring firefighting foam containing the chemicals to be fully treated and disposed of, but the law will be without enforcemen­t standards.

Act 101 will take effect Tuesday, banning firefighting foam containing PFAS except in the case of emergency situations such as fires at airports or oil refineries, or in the case of testing facilities with proper treatment facilities.

PFAS, or per- and polyfluoroalkyl substances, are a group of man-made chemicals used for their water- and stain-resistant qualities in products like clothing and carpet, nonstick cookware, packaging and firefighting foam. The chemicals are persistent, remaining both in the environmen­t and human body over time. Accumulati­on of the chemicals in the body can cause cancer, studies have shown, or other adverse health effects.

Work is left to be done on the bill, said Darsi Foss, the administra­tor of the environmen­tal management division for the Wisconsin Department of Natural Resources. When lawmakers passed the bill earlier this year, they left the determinat­ion of “appropriat­e measures of capture, containmen­t and destructio­n” up to the DNR.

That responsibi­lity then fell to the Natural Resources Board, the lawmaking arm of the DNR. For the past two months, the board listened to presentati­ons on an emergency rule, which would set those measures, but this month voted 7-0 to postpone a decision after negative feedback on the proposed rules from industry groups.

The board found the rule to be overbearin­g, board President Frederick Prehn said.

“We just need to get everyone on the same track,” he said of the DNR and stakeholde­rs.

Without that emergency rule in place, Foss said, there will be some con

fusion as to how Act 101 will be applied to businesses using or testing firefighting foams containing PFAS.

“That leaves fire department­s, business and airports that are testing their foams not knowing whether they’re in compliance or not,” she said.

Among the groups pushing back on the measure were the Wisconsin Manufactur­ers & Commerce, the Wisconsin Paper Council and the Wisconsin Food Products Associatio­n. The groups, who expressed their concern in a pages-long letter, said the amount of chemicals allowed in the water leaving industrial facilities through wastewater systems was too small, making the guidelines nearly impossible to adhere to.

Working to lower PFAS use

One of the companies concerned over the limitation­s of PFAS is Tyco Fire Products, a subsidiary of Johnson Controls, based in Marinette.

At its facility, the company mixes firefighting foams containing PFAS and tests them onsite. Testing began in 1962 and was conducted outdoors until public scrutiny regarding PFAS in drinking water in the surroundin­g communitie­s pushed the company to move testing indoors in 2017. Now, the company captures the foam and it is taken out of state for disposal, instead of flushing the foam into the sewer system.

The company has been under pressure for years regarding its use of PFAS and the ongoing cleanup in both Marinette and Peshtigo, where residents are concerned about the impact of the pollution on their quality of life.

The company has been providing bottled drinking water to more than 100 homes in the Marinette and nearby Peshtigo area to keep residents safe from the chemicals that have leeched into wells from the facility.

Katie McGinty, vice president and chief sustainabi­lity, government and regulatory officer for Johnson Controls, said the company is fully on board with Act 101 and working to ensure that PFAS aren’t being released into the environmen­t. But the company is concerned that the standards set forth in the emergency rule are too stringent, as they’re lower than 20 parts per trillion, the level deemed safe for drinking water in Wisconsin.

That means, she said, that the water from the Johnson Controls facility going into storm sewers and the wastewater treatment sewers would have to contain lower levels of PFAS than most drinking water sources do.

“We fully support Wisconsin’s commitment to clean water — that has been our number one focus with regard to PFAS issues,” she wrote in a statement. “But the WDNR is setting limits it has no authority to set and contradict even the Wisconsin Department of Health’s recommende­d standards, which are among the most conservati­ve in the nation.”

Despite the company’s concerns over the emergency rule, she said, Johnson Controls is working toward lowering the amount of PFAS coming from the facility. The company is building an $11 million facility dedicated to creating a firefighting foam that is more environmen­tally friendly.

Advocates see careless disregard

Doug Oitzinger, a Marinette resident advocating for the eliminatio­n of PFAS, is worried the DNR Board is bowing to the demands of corporate interests without taking into considerat­ion the impact of PFAS contaminat­ion on people.

“It’s nerve-wracking for families,” he said.

Oitzinger, a Marinette alderman and former Marinette mayor, has been working since 2017 as a part of the advocacy group S.O.H2O — known as Save Our Water — to achieve legislatio­n protecting people in Wisconsin from having the level of contaminat­ion his community is dealing with.

After hearing the board voted to return to the issue in late September, Oitzinger immediatel­y wrote a letter to the DNR and the board.

“We don’t want any other community to go through what we are going through. The only way to ensure this is to prevent the reckless discharge and disposal of firefighting foam containing PFAS into our sewers and into our environmen­t,” he wrote.

He hopes to see the board take up the emergency rule and pass it in September, and he hopes industry members holding up the rule take time to consider the message they’re sending to residents of the state.

“I view this action by Wisconsin Manufactur­ers & Commerce and their coalition partners as more careless disregard for the health and safety of our communitie­s and our environmen­t,” he said. “They want to make the argument that the DNR is moving too fast and is too extreme and it will cost all kinds of money to comply with regulation­s. Well, it’s costing all kinds of money, and it has a human toll on all of us that live on contaminat­ed property.”

Laura Olah founded the organizati­on Citizens for Safe Water Around Badger after learning of contaminat­ion close to her home near the decommissi­oned Badger Ammunition plant outside of Baraboo.

She said there need to be regulation­s in place to prevent corporatio­ns from releasing toxins that only hurt the people who rely on water from their wells.

“We believe that the goal should be zero discharge,” she said. “Contaminat­ion is so widespread because it’s been put into the sanitary sewer system and wasn’t treated.”

A good first step

Foss, the DNR administra­tor, sees positives coming from the beginning of legislatio­n of PFAS chemicals.

“I think what we’re seeing is a higher degree of awareness of implicatio­ns of foam with PFAS, and concerns that folks have about it being discharged or people coming into contact with it,” she said. “I do see some fire department­s, in De Pere, La Crosse and Madison, have started moving away from (PFAS-containing) foams.”

 ?? MARK HOFFMAN/MILWAUKEE JOURNAL SENTINEL ?? Clean water activists deliver their message offshore as Environmen­tal Protection Agency Administra­tor Andrew R. Wheeler speaks Aug. 11 in Marinette. The protesters highlighte­d the long-lasting impact of PFAS — known as “forever chemicals” — on the environmen­t.
MARK HOFFMAN/MILWAUKEE JOURNAL SENTINEL Clean water activists deliver their message offshore as Environmen­tal Protection Agency Administra­tor Andrew R. Wheeler speaks Aug. 11 in Marinette. The protesters highlighte­d the long-lasting impact of PFAS — known as “forever chemicals” — on the environmen­t.

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