Iowa implements EPA’s PFAS Health Advisory Level (HAL) for combined PFOA and PFOS at 70 parts per trillion.
Michigan has promulgated PFAS maximum contaminant levels for the following contaminants:
— PFOA - 8 parts per trillion
— PFOS - 16 parts per trillion
— PFNA - 6 parts per trillion
— PFHxS - 51 parts per trillion
— PFBS - 420 parts per trillion
— PFHxA - 400,000 parts per trillion
— GenX - 370 parts per trillion
Minnesota has established the health based guidance levels for the following PFAS contaminants:
— PFOA - 35 parts per trillion
— PFOS - 15 parts per trillion
— PFHxS - 47 parts per trillion
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: The department proposed MCLs (20 ppt for PFOA and PFOS individually and combined) based on DHS recommendations. An analysis of the available research informed the decision to recommend groundwater enforcement standards to be promulgated into ch. NR 140, Wis. Adm. Code. Generally, these standards are the same as the drinking water standards in ch. NR 809, Wis. Adm. Code. See ss. 160.04(4)(c) and 160.13, Wis. Stats. The Natural Resources Board amended the department’s proposed rule to adopt the EPA’s HAL of 70 ppt for PFOA and PFOS individually and combined. An evaluation of the costs associated with the EPA HAL of 70 ppt was also studied. The majority of states that are or have promulgated MCLs for PFOA and PFOS are similar or lower than 20 ppt.
The proposed monitoring frequency and types of public drinking water systems subject to the proposed MCLs are consistent with the requirements of other Synthetic Organic Contaminants in the Safe Drinking Water Act and ch. NR 809, Wis. Adm. Code. 10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The department used data from Michigan’s 2017 – 2019 study of over 1,700 public water systems as a proxy for PFOS/PFOA data that are not yet available in Wisconsin. The department also used national data from EPA’s Unregulated Contaminant Monitoring Rule (UCMR3) program to estimate an average number of systems that might exceed the proposed MCLs in Wisconsin. The average of these two data sets produced an estimate of 1.35% of systems in Wisconsin exceeding 20 ppt for PFOA and PFOS. Small business effects were determined by assuming that all entities that are not large community wells in the Wisconsin estimates in this analysis are potential small business. Detailed assessment of costs are in the economic impact analysis form attached. Sources of factual data used in the analysis include the following:
1. Data from Michigan Environment, Great Lakes and Energy on PFOS/PFAS testing at public water systems between 2017 and 2019. The percentage of wells found to have detections of these compounds, and the percentage of systems with results above 20 ppt.
2. Data from the EPA UCMR3 sampling between 2013 and 2015. The percentage of systems with results above 20 ppt.
3. The analysis cost of PFAS at the Wisconsin State Laboratory of Hygiene.
4. The average cost of drilling a new well in Wisconsin at Non-Community systems.
5. The average cost of drilling a new well in Wisconsin at small community systems.
6. The average cost of treatment for the control of PFAS in other states at municipal water systems.
7. The number of wells in Wisconsin that would be subject to the proposed standards.
11. Effect on Small Business (initial regulatory flexibility analysis): After removing large community water systems from the data set, the remaining small community water systems (other-than-municipal community systems) and non-transient non-community systems were considered to be small business entities for the purpose of this analysis. The department estimated the compliance cost of these entities to be 70% of the total public water systems that may be subject to the originally proposed 20 ppt MCLs. Thus, the monitoring costs for this subgroup are also expected to be approximately 70% of the total. On average, monitoring costs for small community water systems and non-transient non-community systems are estimated to be $1 million in the first year.
The department will allow for monitoring waivers to reduce the frequency of required monitoring at public water systems with no detection levels of PFAS. A detailed assessment of regulatory flexibility is presented in Attachment A of the economic impact analysis, question #4. This includes waivers and staggered monitoring schedules.
13. Place where comments are to be submitted and deadline for submission:
A comment period on the rule was held from November 1, 2021 to December 8, 2021. A public hearing was held on December 1, 2021.
RULE TEXT
Section 1 NR 809.04 (59h) is created to read:
NR 809.04 (59h) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a large group of human-made chemicals that are part of the synthetic organic contaminants classification.
Section 2 NR 809.20 (1) Table is amended to read:
NR 809.20 (1) Table
Dibromochloropropane | 0.0002 |
Di(2-ethylhexyl)adipate | 0.4 |
Di(2-ethylhexyl)phthalate | 0.006 |
Ethylene Dibromide | 0.00005 |
Hexachlorocyclopentadiene | 0.05 |
Pentachlorophenol PFOS and PFOA | 0.001 0.000070 |
Polychlorinated biphenyls (PCBs) | 0.0005 |
2,3,7,8-TCDD (Dioxin) | 3x10-8 |
Section 3 NR 809.20 (2) (d) is created to read:
NR 809.20 (2) (d) Granular activated carbon, powdered activated carbon, ion exchange resins, nanofiltration, and reverse osmosis for PFOS and PFOA.
Section 4 NR 809.203 (1) Table is amended to read:
NR 809.203 (1) Table
Contaminant | Detection Limit (mg/L) |
3. Aldicarb sulfoxide | 0.0005 |
4. Aldicarb sulfone | 0.0008 |
11. Dibromochloropropane | 0.00002 |
12. Di(2-ethylhexyl)adipate | 0.0006 |
13. Di(2-ethylhexyl)phthalate | 0.0006 |
18. Ethylene dibromide | 0.00001 |
21. Heptachlor epoxide | 0.00002 |
22. Hexachlorobenzene | 0.0001 |
23. Hexachlorocyclopentadiene | 0.0001 |
28. Polychlorinated biphenyls
(PCBs as decchlorobiphenyls) | 0.0001 |
29. Pentachlorophenol | 0.00004 |
32. 2,3,7,8-TCDD (Dioxin) | 0.000000005 |
33. 2,4,5-TP (Silvex) | 0.0002 |
30. Perfluorooctane Sulfonic Acid (PFOS) | 0.000002 |
31. Perfluorooctanoic Acid (PFOA) | 0.000002 |
34. 2,3,7,8-TCDD (Dioxin) | 0.000000005 |
35. 2,4,5-TP (Silvex) | 0.0002 |
Section 5 NR 809.203 (2) Table CM and (4) Table D are amended to read:
NR 809.203 (2) Table CM
Table CM
SDWA Approved Methodology for Synthetic Organic Contaminants |
Contaminant | EPA Methods1 | SM9 | SM Online10 | ASTM | Other |
Synthetic Organic Chemicals | | | | | |
2,3,7,8-TCDD (dioxin) | 1613 | | | | |
2,4-D 2 (as acids, salts and esters) | 515.2, 555, 515.1, 515.3, 515.4 | | | D5317-93, 98
(Reapproved 2003) | |
2,4,5-TP 2 (Silvex) | 515.2, 555, 515.1, 515.3, 515.4 | 6640 B, | 6640 B-01, B-0611 | D5317-93, 98
(Reapproved 2003) | |
Alachlor | 507, 525.2, 525.32 508.1, 5058, 551.1 | | | | |
Atrazine 3 | 507, 525.2, 525.3 508.1, 5058, 551.1, 536 | | | | Syngenta4 AG-625 |
Benzo(a)pyrene | 525.2, 525.3, 550, 550.1 | | | | |
Carbofuran | 531.1, 531.2 | 66105 6610 B | 6610 B-04 | | |
Chlordane | 508, 525.2, 525.3, 508.1, 505 | | | | |
Dalapon | 552.1 515.1, 552.2, 515.3, 515.4, 552.3, 557 | 6640 B | 6640 B-01, 06 | | |
Di(2-ethylhexyl)adipate | 506, 525.2, 525.3 | | | | |
Di(2-ethylhexyl)phthalate | 506, 525.2, 525.3 | | | | |
Dibromochloropropane (DBCP) | 504.1, 551.1, 524.39 | | | | |
Dinoseb | 515.2, 555, 515.1, 515.3, 515.4 | 6640 B | 6640 B-01, 06 | | |
Endrin | 508, 525.2, 525.3, 508.1, 505, 551.1 | | | | |
Ethylene dibromide (EDB) | 504.1, 551.1, 524.3 | | | | |
Glyphosate | 547 | 66516 6651 B | 6651 B-01, B-06 | | |
Heptachlor | 508, 525.2, 525.3, 508.1, 505, 551.1 | | | | |
Heptachlor Epoxide | 508, 525.2, 525.3, 508.1, 505, 551.1 | | | | |
Hexachlorobenzene | 508, 525.2, 525.3, 508.1, 505, 551.1 | | | | |
Hexachlorocyclopentadiene | 508, 525.2, 525.3, 508.1, 505, 551.1 | | | | |
Lindane | 508, 525.2, 525.3, 508.1, 505, 551.1 | | | | |
Methoxychlor | 508, 525.2, 525.3, 508.1, 505, 551.1 | | | | |
Oxamyl | 531.1, 531.2 | 66105 6610 B | 6610 B-04 | | |
PCBs (as decachlorobiphenyl) | 508A7 | | | | |
(as Aroclors) | 508.1, 508, 525.2, 525.3, 505 | | | | |
Pentachlorophenol | 515.2, 525.2, 525.3, 555, 515.1, 515.3, 515.4 | | | D5317-93, 98 (Reapproved 2003) | |
Picloram 2 | 515.2, 555, 515.1, 515.3, 515.4 | 6640 B | 6640 B-01 | D5317-93, 98 s
(Reapproved 2003) | |
Perfluorooctane Sulfonic Acid (PFOS) | 537.1 Rev.2, 533 | | | | |
Perfluorooctanoic Acid (PFOA) | 537.1 Rev.2 533 | | | | |
Simazine | 507, 525.2, 525.3, 523, 536, 508.1, 5058, 551.1 | | | | |
Toxaphene | 508, 508.1, 525.2, 525.3, 505 | | | | |
Aldicarb | 531.1, 531.2 | 66105 6610 B | 6610 B-04 | | |
Aldicarb sulfone | 531.1, 531.2 | 66105 6610 B | 6610 B-04 | | |
Aldicarb Sulfoxide | 531.1 , 531.2 | 66105 6610 B | 6610 B-04 | | |
Aldrin | 505, 508, 525.2, 525.3, 508.1 | | | | |
Butachlor | 507, 525.2, 525.3 | | | | |
Carbaryl | 531.1, 531.2 | 66105 6610 B | 6610 B-04 | | |
Dicamba | 515.1, 555, 515.2, 515.3, 515.4 | 6640 B | 6640 B-01, B-06 | | |
Dieldrin | 505, 508, 525.2, 525.3, 508.1 | | | | |
3-Hydroxcarbofuran | 531.1, 531.2 | 66105 6610 B | 6610 B-04 | | |
Methomyl | 531.1, 531.2 | 66105 6610 B | 6610 B-04 | | |
Metolachlor | 507, 525.2, 525.3, 508.1 | | | | |
Metribuzin | 507, 525.2, 525.3, 508.1 | | | | |
Propachlor | 507, 525.2, 525.3, 508.1 | | | | |
(4) Table D
Table D
Sample Preservation, Holding Times, and Sampling Containers for Organic Parameters |
Method | Preservative2 | Sample Holding Time | Extract Holding Time and Storage Conditions | Suggested Sample Size | Type of Container |
502.22 | Sodium Thiosulfate or Ascorbic Acid, 4C, HCl pH<2 | 14 days | NA | 40 – 120 mL | Glass with PTFE1 Lined Septum |
504.1 | Sodium Thiosulfate,
Cool, 4C | 14 days | 4C, 24 hours | 40 mL | Glass with PTFE1 Lined Septum |
505 | Sodium Thiosulfate,
Cool, 4C | 14 days
(7 days for Heptachlor) | 4C, 24 hours | 40 mL | Glass with PTFE1 Lined Septum |
506 | Sodium Thiosulfate,
Cool, 4C, Dark | 14 days | 4C, Dark
14 days | 1 L | Amber Glass with PTFE1 Lined Septum |
507 | Sodium Thiosulfate,
Cool, 4C, Dark | 14 days (See method for exceptions.) | 4C, Dark
14 days | I L | Amber Glass with PTFE1 Lined Cap |
508 | Sodium Thiosulfate,
Cool, 4C, Dark | 7 days (See method for exceptions.) | 4C, Dark
14 days | I L | Glass with PTFE1 Lined Cap |
508A | Cool, 4C | 14 days | 30 days | I L | Amber Glass with PTFE1 Lined Cap |
508.1 | Sodium Sulfite, HCl pH<2,
Cool, 4C | 14 days (See method for exceptions.) | 30 days | I L | Glass with PTFE Lined Cap |
515.1 | Sodium Thiosulfate,
Cool, 4C, Dark | 14 days | 4C, Dark
28 days | I L | Amber Glass with PTFE1 Lined Cap |
515.2 | Sodium Thiosulfate or Sodium Sulfite,
HCl pH<2
Cool, 4C, Dark | 14 Days | 4C, Dark
14 Days | I L | Amber Glass with PTFE1 Lined Cap |
515.3 | Sodium Thiosulfate,
Cool, 4C, Dark | 14 days | 4C, Dark
14 Days | 50 mL | Amber Glass with PTFE1 Lined Cap |
515.4 | Sodium Sulfite, Dark, Cool 10C for First 48 hrs, 6C thereafter | 14 days | 0C
21 days | 40 mL | Amber Glass with PTFE1 Lined Cap |
524.22 | Ascorbic Acid or Sodium Thiosulfate,
HCl pH<2, Cool 4C | 14 days | NA | 40 – 120 mL | Glass with PTFE1 Lined Septum |
524.32 | Maleic and Ascorbic Acids pH<2, 10C for first 48 hrs., 6 thereafter.
If only analyzing TTHM: Sodium Thiosulfate pH<2, 10C for first 48 hrs., 6 thereafter
| 14 days | NA | 40 – 120 mL | Amber Glass with PTFE1 Lined Septum |
525.2 | Sodium Sulfite, Dark, Cool, 4C, HCl pH<2 | 14 days (See method for exceptions) | 4C
30 days | 1 L | Amber Glass with PTFE1 Lined Cap |
531.1, 6610 | Sodium Thiosulfate, Monochloroacetic Acid pH<3, Cool, 4ºC | Cool 4C from collection until storage at laboratory; <-10C at the laboratory; 28 days | NA | 60 mL | Glass with PTFE1 Lined Septum |
531.2 | Sodium Thiosulfate, Potassium Dihydrogen Citrate Buffer pH<4, Dark 10C for first 48 hrs., 6ºC thereafter | 28 days | NA | 40 mL | Glass with PTFE1 Lined Septum |
537.1 | Trizma – 5.0 g/L Cool < 10° during first 48 hours after collection. 28 days. 6 ºC after 48 hours, not frozen | 14 days, < 6°C | 28 days, room temperature | 250 mL | 250- mL polypropylene bottle fitted with a polypropylene screw-cap |
533 | Ammonium acetate g/L Cool <10C during first 2 days after collection or received on ice, 6 ºC after 48 hours, not frozen | 28 days < 6°C | 28 days, room temperature | 250 mL | 250- mL polypropylene bottle fitted with a polypropylene screw-cap |
547 | Sodium Thiosulfate,
Cool, 4C | 14 days; 18 mos. Frozen | NA | 60 mL | Glass with PTFE1 Lined Septum |
548.1 | Sodium Thiosulfate, HCl pH 1.5 -2 if High Biological Activity,
Cool, 4C, Dark | 7 days | 4C
14 days | 250 mL | Amber Glass with PTFE1 Lined
Septum |
549.2 | Sodium Thiosulfate, H2SO4 pH<2, if Biologically Active,
Cool 4C, Dark | 7 days | 21 days | 250 mL | High Density Amber Plastic or Silanized Amber Glass |
550 | Sodium Thiosulfate, Cool, 4C, HCl pH<2 | 7 days | 4C, Dark 30 days | 1 L | Amber Glass with PTFE1 Lined Septum |
550.1 | Sodium Thiosulfate, Cool, 4C, HCl pH<2 | 7 days | 4C, Dark 40 days | 1 L | Amber Glass with PTFE1 Lined Septum |
551.1 | Sodium Sulfite, Ammonium Chloride, pH 4.5-5.0 with Phosphate Buffer, Cool, 4C | 14 days | 14 days <-10C | 40 mL | Glass with PTFE1 Lined Septum |
552.1 | Ammonium
Chloride, Cool, 4C, Dark | 28 days | 4C, Dark 48 hrs. | 250 mL | Amber Glass with PTFE1 Lined Cap |
552.2 | Ammonium
Chloride,
Cool, 4C, Dark | 14 days | 4C, Dark, 7 days
-10C, 14 days | 50 mL | Amber Glass with PTFE1 Lined Cap |
555 | Sodium Sulfite,HCl pH 2,Dark, Cool, 4C | 14 days | NA | 100 mL | Glass wit PTFE1 Lined Cap |
1613 | Sodium
Thiosulfate,Cool,
0 - 4C, Dark | 1 year | 40 days recommended | 1 L | Amber Glass with PTFE1 Lined Cap |
Section 6 NR 809.205 (1g) and (1r) are created to read:
NR 809.205 (1g) Schedule for perfluorooctane sulfonic acid and perfluorooctanoic acid monitoring.
(a) Community and non-transient non-community public water systems serving a population of 50,000 or more shall comply with initial monitoring requirements under sub. (1r) (a) for perfluorooctane sulfonic acid and perfluorooctanoic acid beginning on [the first day of the 4th month beginning after publication of this rule – LRB inserts date].
(b) Community and non-transient non-community public water systems serving a population of 10,000 to 49,999 shall comply with initial monitoring requirements under sub. (1r) (a) for perfluorooctane sulfonic acid and perfluorooctanoic acid beginning on [the first day of the 7th month beginning after publication of this rule – LRB inserts date].
(c) Community and non-transient non-community public water systems serving a population of less than 10,000 shall comply with initial monitoring requirements under sub. (1r) (a) for perfluorooctane sulfonic acid and perfluorooctanoic acid beginning on [the first day of the 10th month beginning after publication of this rule – LRB inserts date].
(1r) Monitoring frequency for perfluorooctane sulfonic acid and perfluorooctanoic acid. Water suppliers shall monitor to determine compliance with the maximum contaminant level for perfluorooctane sulfonic acid and perfluorooctanoic acid at the following frequencies:
(a) Initial monitoring. Water suppliers for new community public water systems or for community public water systems with new sources shall demonstrate compliance with the MCLs prior to initiating water service. Water suppliers for each community and non-transient, non-community water system shall take 4 consecutive quarterly samples for perfluorooctane sulfonic acid and perfluorooctanoic acid beginning on the dates specified under sub. (1g) or beginning with the year the public water system initiates water service, or a new source is put into service, and every compliance period thereafter unless the requirements of pars. (b) and (c) are met.
(b) Initial waiver evaluation. For perfluorooctane sulfonic acid and perfluorooctanoic acid the department may waive the final 2 quarters of initial monitoring for a sampling point if the results of the samples from the previous 2 quarters are below the detection limit.
(c) Routine monitoring. Sampling may be reduced to routine monitoring after the initial monitoring period as follows:
1. ‘Public water systems serving greater than 3,300.’ Public water systems serving more than 3,300 persons that do not detect a contaminant in the initial compliance period or during 3 consecutive years of annual monitoring may reduce the sampling frequency to a minimum of 2 quarterly samples in one year during each repeat compliance period.
2. ‘Public water systems serving 3,300 or less.’ Public water systems serving 3,300 persons or less that do not detect a contaminant in the initial compliance period or during 3 consecutive years of annual monitoring may reduce the sampling frequency to a minimum of one sample during each repeat compliance period.
(d) Waiver request. Water suppliers for community and non-transient non-community systems may apply to the department for a waiver from the requirements under pars. (a) and (c) for perfluorooctane sulfonic acid and perfluorooctanoic acid. A water supplier shall reapply for a waiver for each compliance period. The waiver period shall not exceed 2 compliance periods.
(e) Waiver evaluation. The department may grant a waiver from the requirements under par. (c) after evaluating all of the following factors:
1. ‘Waiver evaluation when the department determines a contaminant has not been used.’ The department may grant a waiver when the department determines a contaminant has not been used based on a system’s previous use information, including transport, storage, or disposal of the contaminant within the watershed or zone of influence of the public water system, or the results of analysis of a system’s water source.
2. ‘Waiver evaluation when a contaminant has been used or its use is unknown.’ If previous use of the contaminant is unknown or it has been used previously, all of the following factors shall be used to determine whether a waiver is granted:
a. Previous analytical results.
b. The proximity of the public water system to a potential point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities; or at airports, military bases, and fire training facilities.
(f) Waiver conditions and monitoring assessments. As a condition of the waiver under par. (e), the water supplier for a groundwater system shall update the monitoring assessment considering the factors listed under par. (e). Based on this updated monitoring assessment, the department shall reconfirm that the public water system is non-vulnerable. If the department does not make this reconfirmation within 3 years of the initial determination or each subsequent determination, then the waiver is invalidated, and the public water system is required to sample during each compliance period as specified under par. (c).
Section 7 NR 809.205 (2) (intro.), (a) and (b) (intro.), 1. and 2. are amended to read:
