‘We must simply follow the science’
Lawmakers urged to pass ‘forever chemical’ rules
MADISON – Regulations for two of the most common types of “forever chemicals” could land in front of the state Legislature as early as next spring.
The regulations would set a standard at 20 parts per trillion for both PFOA and PFOS individually and combined within drinking water, as recommended by the Wisconsin Department of Health Services.
The rule would also establish initial and routine monitoring for public water systems, as well as establishing an approved methodology for sampling. Water systems could apply for a waiver for routine monitoring under certain conditions. Under the rules, if approved by the Legislature, any water system with PFOA or PFOS above the 20 ppt limit, either separately or combined, will be required to take measures to return to compliance, which could include drilling a new well or installing an approved treatment system, according to documents from the Department of Natural Resources.
Wisconsin wouldn’t be the first state in the Midwest to regulate PFOA and PFOS.
In comparison, Michigan has established maximum contaminant levels of 8 ppt for PFOA and 16 ppt for PFOS, while Minnesota has established limits of 35 ppt for PFOA and 15 ppt for PFOS, according to DNR documents.
The implementation and compliance cost of the regulations is expected to be more than $5.6 million in the first year, including the costs for monitoring and for water systems that may be required to mitigate for PFOA or PFOS, according to the fiscal estimate issued by the DNR.
After the first year, the DNR estimates costs will fluctuate, with costs for years 2 through 6 being around $4 million.
The DNR estimates that nine public water systems will exceed the drinking water standards and will install granulated activated carbon systems. Those systems will be able to access the Safe Drinking Water Loan program to finance the projects. Over 20 years, those nine systems could spend around $35.2 million, including interest on the project, and a total annual maintenance cost of nearly $2 million yearly.
After the DNR ends the time set for public input on the rule, it will be sent to the Natural Resources Board, likely in January, said Adam DeWeese, the public drinking water section chief for the DNR. If approved by the NRB, the rule will then be sent to the Legislature for approval, where it is likely to face resistance from Republicans.
If the Legislature and governor were to both sign off on the rule without changes, the timeline for testing would go into effect three months after the rule’s signing, DeWeese said.
Nearly a dozen supporters testified in favor of the regulations during a virtual public hearing Wednesday, citing a need for protections to keep drinking water safe.
“It’s hard to believe that in 2021 many
Wisconsinites cannot go into their own kitchens and drink the water coming out of their tap,” said Peter Burress, the government affairs manager with Wisconsin Conservation Voters.
Abby Siakpere, a resident of the Town of Campbell, which is facing severe contamination stemming from the La Crosse Regional Airport, said the state needs to start protecting residents so more people aren’t forced to live off of bottled water like she is now.
“The 10 five-gallon jugs required to sustain my household drinking water supply is extremely difficult to manage both physically and in terms of everyday life,” she said. “Having the extra responsibility of tracking water consumption, remembering to exchange my refills on a specific day on a four-week rotation and ensuring there is a place to store them is a challenge. These are valid everyday concerns that the people of Campbell have to live with.”
‘We need to start protecting our population’
PFAS, or per- and polyfluoroalkyl substances, are a family of man-made chemicals used for their water- and stain-resistant qualities in products like clothing and carpet, nonstick cookware, packaging and firefighting foam. The family includes 5,000 compounds, which are persistent, remaining both in the environment and human body over time.
PFOA and PFOS are two of the most well-known compounds in the family and have been more extensively researched.
The chemicals have been linked to types of kidney and testicular cancers, lower birth weights, harm to immune and reproductive systems, altered hormone regulation and altered thyroid hormones. The chemicals enter the human body largely through drinking water.
The chemicals have been found across the state in cities like La Crosse, Marinette, Peshtigo, Milwaukee, Madison and Eau Claire, with more contaminations being added to the list as testing becomes easier to conduct.
Doug Oitzinger, the former mayor of Marinette and a current alderman in the city, expressed the level of fear in his own community, which is facing one of the worst PFAS contaminations in the country, linked to the Tyco Fire Products firefighting foam testing facility.
“There is nothing more insidious than the poisoning of a child with a glass of water from a home faucet or from a school drinking fountain,” he said. “There is nothing more frightening than learning that the water you have been drinking is causing you to be sick or maybe killing you and there is nothing you can do to get the poison out of your bloodstream.”
While no organizations or individuals spoke against the rule, several organizations have registered in opposition, according to DNR documents, including the American Forest and Paper Association, Midwest Food Products Association, the Water Quality Coalition, Wisconsin Manufacturers & Commerce, the Wisconsin Paper Council and the Wisconsin Rural Water Association.
Wisconsin Manufacturers & Commerce has stances against several rules regarding regulating PFAS in water, as well as the use of PFAS-containing firefighting foam. The organization was in close contact with the embattled chair of the Natural Resources Board in the months leading up to recent regulations, influencing portions of the approved regulations.
Standards for groundwater aiming to add an additional 12 individual PFAS chemicals and four combined PFAS, and standards for drinking water aiming to regulate 16 individual PFAS and four combined PFAS were approved by the Natural Resources Board earlier this year but have not yet been released for public comment.
Those standards also faced pushback from Republicans, who say not enough is known about the chemicals to regulate them, as well as industry groups such as WMC who see standards as a threat to the businesses they represent.