LRBs0196/1
MCP:wlj
2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 310
January 7, 2020 - Offered by Senators Miller and Hansen.
SB310-SSA1,1,9
1An Act to amend 292.31 (1) (d) (intro.); and
to create 20.370 (4) (aa), 20.370 (4)
2(ab), 20.370 (4) (ad), 20.370 (4) (ae), 20.370 (4) (ak), 20.370 (6) (ca), 160.07 (4)
3(f), 160.07 (7), 160.15 (4), 281.17 (8) (c), 285.27 (2) (bm), 292.31 (1) (d) 1m.,
4292.74, 299.15 (2m) and 299.48 of the statutes;
relating to: regulating fire
5fighting foam that contains certain contaminants, setting standards for certain
6contaminants, providing information relating to off-site disposal of certain
7waste, extending the time limit for emergency rule procedures, providing an
8exemption from emergency rule procedures, granting rule-making authority,
9and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB310-SSA1,1b
10Section 1b. 20.005 (3) (schedule) of the statutes: at the appropriate place,
11insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs-preview.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB310-SSA1,1c
1Section 1c. 20.370 (4) (aa) of the statutes is created to read:
SB310-SSA1,2,52
20.370
(4) (aa)
PFAS —
modeling. From the general fund, as a continuing
3appropriation, the amounts in the schedule to create a model to assist in identifying
4and prioritizing sites with likely contamination by perfluoroalkyl or polyfluoroalkyl
5substances or environmental pollution caused by such substances.
SB310-SSA1,1d
6Section 1d. 20.370 (4) (ab) of the statutes is created to read:
SB310-SSA1,2,107
20.370
(4) (ab)
PFAS —
emergency responder survey. From the general fund,
8as a continuing appropriation, the amounts in the schedule to conduct a survey of
9local and state emergency responders and the use of fire fighting foam containing
10perfluoroalkyl or polyfluoroalkyl substances.
SB310-SSA1,1e
1Section 1e. 20.370 (4) (ad) of the statutes is created to read:
SB310-SSA1,3,42
20.370
(4) (ad)
PFAS —
general operations. Biennially, from the general fund,
3the amounts in the schedule for the administration and enforcement of activities
4relating to perfluoroalkyl or polyfluoroalkyl substances.
SB310-SSA1,1f
5Section 1f. 20.370 (4) (ae) of the statutes is created to read:
SB310-SSA1,3,86
20.370
(4) (ae)
PFAS —
landfills. Biennially, from the general fund, the
7amounts in the schedule for sampling and testing leachate and groundwater from
8landfills for perfluoroalkyl and polyfluoroalkyl substances.
SB310-SSA1,1g
9Section 1g. 20.370 (4) (ak) of the statutes is created to read:
SB310-SSA1,3,1410
20.370
(4) (ak)
PFAS —
investigation and assistance. From the general fund,
11as a continuing appropriation, the amounts in the schedule for investigating
12emerging contaminants that are perfluoroalkyl or polyfluoroalkyl substances and
13providing temporary potable water or treatment systems when no responsible party
14for a contamination is available.
SB310-SSA1,1h
15Section 1h. 20.370 (6) (ca) of the statutes is created to read:
SB310-SSA1,3,1916
20.370
(6) (ca)
Environmental aids — PFAS clean sweep grants. As a
17continuing appropriation, the amounts in the schedule to provide grants to
18municipalities and fire departments for the creation and operation of programs
19under s. 299.48 (3r).
SB310-SSA1,1i
20Section 1i. 160.07 (4) (f) of the statutes is created to read:
SB310-SSA1,3,2421
160.07
(4) (f) In recommending an enforcement standard for a perfluoroalkyl
22or polyfluoroalkyl substance, the department of health services may recommend
23individual standards for each substance, a standard for these substances as a class,
24or standards for groups of these substances.
SB310-SSA1,1j
25Section 1j. 160.07 (7) of the statutes is created to read:
SB310-SSA1,4,7
1160.07
(7) If the department of health services recommends an enforcement
2standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
3substances under this section, the department shall apply the standard as an interim
4enforcement standard for that substance, including through sampling, monitoring,
5and testing, and any other actions required by rules promulgated by the department,
6unless emergency or permanent rules that establish an enforcement standard for
7that substance are in effect.
SB310-SSA1,1k
8Section 1k. 160.15 (4) of the statutes is created to read:
SB310-SSA1,4,149
160.15
(4) Notwithstanding sub. (1), if an interim enforcement standard for a
10perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the
11department shall apply an interim preventive action limit for that substance of 20
12percent of the concentration established as the interim enforcement standard,
13unless emergency or permanent rules that establish a preventive action limit for that
14substance are in effect.
SB310-SSA1,1m
15Section 1m. 281.17 (8) (c) of the statutes is created to read:
SB310-SSA1,4,2216
281.17
(8) (c) If the department of health services recommends an enforcement
17standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
18substances under s. 160.07, the department shall apply the standard as an interim
19maximum contaminant level for public water systems, water suppliers, and
20laboratories certified to analyze drinking water, in accordance with rules
21promulgated by the department, unless emergency or permanent rules that
22establish maximum contaminant levels for that substance are in effect.
SB310-SSA1,1n
23Section 1n. 285.27 (2) (bm) of the statutes is created to read:
SB310-SSA1,5,424
285.27
(2) (bm)
Standard for PFAS. The department shall determine whether
25an emission standard for any known perfluoroalkyl or polyfluoroalkyl substance or
1a group or class of such substances is needed to provide adequate protection for public
2health or welfare under par. (b). If the department finds that the standard is needed
3to provide adequate protection for public health or welfare, the department shall
4promulgate an emission standard for that substance.
SB310-SSA1,1o
5Section 1
o. 292.31 (1) (d) (intro.) of the statutes is amended to read:
SB310-SSA1,5,146
292.31
(1) (d)
Access to information. (intro.) Upon the request of any officer,
7employee
, or authorized representative of the department, any person who
8generated, transported, treated, stored
, or disposed of solid or hazardous waste
9which that may have been disposed of at a site or facility under investigation by the
10department
and any person who generated solid or hazardous waste at a site or
11facility under investigation by the department that was transported to, treated at,
12stored at, or disposed of at another site, facility, or location shall provide the officer,
13employee
, or authorized representative access to any records or documents in that
14person's custody, possession
, or control which relate to:
SB310-SSA1,1p
15Section 1p. 292.31 (1) (d) 1m. of the statutes is created to read:
SB310-SSA1,5,1816
292.31
(1) (d) 1m. The type and quantity of waste generated at the site or
17facility that was transported to, treated at, stored at, or disposed of at another site,
18facility, or location, and the dates and locations of these activities.
SB310-SSA1,1q
19Section 1q. 292.74 of the statutes is created to read:
SB310-SSA1,6,9
20292.74 Financial responsibility for PFAS. The department may, if it
21determines doing so is necessary to protect human health or the environment,
22require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl
23substance to provide proof of financial responsibility for conducting emergency
24response actions, remedial actions, environmental repair, and long-term care to
25address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl
1substances or environmental pollution that may be caused by a discharge of such
2substances. The department shall establish, by rule, the procedure for determining
3whether requiring a proof of financial responsibility is necessary to protect human
4health or the environment, and may establish requirements for types of financial
5responsibility, methods for calculating amounts of financial responsibility, access
6and default, bankruptcy notifications, and any other requirements the department
7determines is necessary under this section. The proof of financial responsibility
8required under this section shall be in addition to any other proof of financial
9responsibility or financial assurance required under this chapter.
SB310-SSA1,1r
10Section 1r. 299.15 (2m) of the statutes is created to read:
SB310-SSA1,6,1311
299.15
(2m) The department shall consider all known perfluoroalkyl or
12polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The
13reporting level for these substances is zero pounds per year.
SB310-SSA1,1
14Section 1
. 299.48 of the statutes is created to read:
SB310-SSA1,6,16
15299.48 Fire fighting foam containing PFAS. (1) Definitions. In this
16section, “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
SB310-SSA1,6,19
17(2) Prohibition. Except as provided under sub. (3), no person may use or
18otherwise discharge, including for training purposes, a PFAS-containing fire
19fighting foam.
SB310-SSA1,6,22
20(3) Exemption. The prohibition under sub. (2) does not apply to the use or
21discharge of a PFAS-containing fire fighting foam as part of an emergency fire
22fighting or fire prevention operation.
SB310-SSA1,7,2
23(3d) Labeling. A manufacturer shall clearly label any PFAS-containing fire
24fighting foam sold or distributed for use in this state with the types and percentages
25of PFAS contained in the foam. Any safety data sheet provided for a
1PFAS-containing fire fighting foam sold or distributed for use in this state shall also
2include the types and percentages of PFAS contained in the foam.
SB310-SSA1,7,4
3(3m) Response actions. A person who uses or discharges a PFAS-containing
4fire fighting foam shall comply with ch. 292.
SB310-SSA1,7,7
5(3r) PFAS clean sweep program. The department shall administer a grant
6program to assist municipalities and fire departments in creating and operating
7local programs for the collection and disposal of PFAS-containing fire fighting foam.
SB310-SSA1,7,9
8(4) Construction. Nothing in this section shall be construed as prohibiting the
9manufacture, sale, or distribution of a PFAS-containing fire fighting foam.
SB310-SSA1,7,11
10(5) Rules. The department shall promulgate rules to implement and
11administer this section.
SB310-SSA1,7,1413
(1)
Emergency rules for PFAS in drinking water, groundwater, surface
14water, solid waste, beds of navigable waters, and contaminated soil and sediment.
SB310-SSA1,7,2515
(a) The department of natural resources shall promulgate emergency rules
16under s. 227.24 establishing acceptable levels and standards, performance
17standards, monitoring requirements, and required response actions for any
18perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances,
19which the department determines may be harmful to human health or the
20environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07
21(5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and
22from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards
23are needed to provide adequate protection for public health or welfare; solid waste
24and solid waste facilities under chs. 289 and 291; beds of navigable waters under s.
2530.20; and soil and sediment under chs. 289 and 292.
SB310-SSA1,8,11
1(b) The department of natural resources shall promulgate emergency rules
2under s. 227.24 to add any perfluoroalkyl or polyfluoroalkyl substance or group or
3class of such substances that the department determines may be harmful to human
4health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for
5purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4); to add
6to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or
7polyfluoroalkyl substance or group or class of such substances for which the
8department determines that the listing is necessary to protect public health, safety,
9or welfare; and to administer and enforce ch. 292 in relation to remedial actions
10involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such
11substances.
SB310-SSA1,8,1712
(c) Notwithstanding any finding required under par. (a) or (b), emergency rules
13promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane
14sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
15perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid
16and shall include provisions for enforcing these standards, including requiring
17sampling, monitoring, testing, and response actions.
SB310-SSA1,8,2418
(d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated
19under pars. (a) and (b) remain in effect until July 1, 2022, or the date on which
20permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a)
21and (3), the department of natural resources is not required to provide evidence that
22promulgating a rule under this subsection as an emergency rule is necessary for the
23preservation of public peace, health, safety, or welfare and is not required to provide
24a finding of emergency for a rule promulgated under this subsection.
SB310-SSA1,9,7
1(2)
Water quality standards for PFAS. The department of natural resources
2shall promulgate, under s. 281.15, water quality standards for perfluorooctane
3sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
4perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid
5and any other perfluoroalkyl or polyfluoroalkyl substance or group or class of such
6substances that the department determines may be harmful to human health and
7necessary to protect a water's designated use.
SB310-SSA1,9,138
(3)
List of groundwater contaminants. The department of natural resources
9shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl
10and polyfluoroalkyl substance or group or class of such substances that is shown to
11involve public health concerns and that has a reasonable probability of entering the
12groundwater and shall categorize and rank those substances according to the
13provisions of s. 160.05.
SB310-SSA1,9,1414
(4)
Testing laboratories; emergency rules.
SB310-SSA1,9,2515
(a) The department of natural resources shall promulgate emergency rules
16under s. 227.24 establishing criteria for certifying laboratories to test for any
17perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods
18for such testing, and shall certify laboratories that meet these criteria.
19Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this
20subsection remain in effect until July 1, 2022, or the date on which permanent rules
21take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the
22department of natural resources is not required to provide evidence that
23promulgating a rule under this subsection as an emergency rule is necessary for the
24preservation of public peace, health, safety, or welfare and is not required to provide
25a finding of emergency for a rule promulgated under this subsection.
SB310-SSA1,10,3
1(b) Before emergency rules are promulgated under par. (a), the department of
2natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl
3substance to be done according to any nationally recognized procedures.
SB310-SSA1,10,74
(5)
Position authorizations; natural resources. The authorized FTE
5positions for the department of natural resources are increased by 7.5 GPR positions
6on the effective date of this subsection, to be funded from the appropriation under
7s. 20.370 (4) (ad), for the purpose of administering the provisions of this act.