Chapter NR 809, Wis. Adm. Code, establishes minimum standards and procedures for the protection of the public health, safety and welfare in the obtaining of safe drinking water. 5. Plain Language Analysis:
Companies that manufacture cement for sale and distribution in Wisconsin and surrounding states have switched from producing Type I Portland cement and are now only producing Type IL cement, which does not meet ASTM C150 or API-10A standards. Type IL cement meets ASTM C595 standards and performs similarly to Type I cement. Individual manufacturers made the change to reduce the carbon footprint of their product. This was not prompted by a change in regulations. Some manufacturers completely switched over to producing and selling Type IL cement in 2021, but many end users of cement, including well drillers and pump installers, were not notified until April of 2022. It is anticipated that in the coming months, it will be difficult or impossible to find Type I cement, which is needed for grouting or sealing of water wells or drillholes with neat cement as required by ch. NR 812, Wis. Adm. Code. It is paramount that well drillers have access to code-compliant materials they need to seal an annular space on a new well, or fill and seal an unused well or drillhole. Properly grouting, sealing, and filling water wells and drillholes is necessary to ensure safe drinking water and to prevent contamination of the State’s groundwater. Accordingly, the department finds that promulgating emergency (and permanent) updates to ch. NR 812, Wis. Adm. Code, to allow the use of Type IL cement in the grouting and sealing of wells complies with the preservation of health, safety and welfare criteria found in s. 227.24(1)(a), Wis. Stats. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
Federal law does not directly regulate the construction of wells or heat exchange drillholes, and does not regulate the installation of pumps. For public drinking water systems, Wisconsin is a primacy state, with the primary responsibility to enforce state drinking water regulations consistent with the federal Safe Drinking Water Act. One federal requirement of Wisconsin’s primacy role, 40 CFR 142.10(b)(5), is that the state assures that the design and construction of new or substantially modified public water system facilities will be capable of compliance with the state primary drinking water regulations. For non-community public drinking water systems, ch. NR 812, Wis. Adm. Code, provides the design and construction standards to meet this federal requirement. 7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
A preliminary public hearing on the statement of scope was held on August 18, 2022. One person testified for the Wisconsin Water Well Association in favor of the proposed rule.
8. Comparison with Similar Rules in Adjacent States:
This is an emerging industry-wide issue, and all neighboring states have completed, or are in the process of making similar regulatory changes. Michigan, in particular is closely following the rule revision process in Wisconsin to inform its own regulatory changes related to this issue.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The department was briefed on this issue by an industry representative at the April 26, 2022 Private Water Advisory Council meeting. The department had numerous contacts with well drillers throughout the state to develop its understanding of the problem and the regulatory solution.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
Since the rule is intended to maintain the current supply of materials, there is no anticipated economic impact of the emergency and permanent rules. The rules will prevent a disruption to small businesses by allowing them to use materials that are readily available for a similar cost to the previously available materials.
11. Effect on Small Business (initial regulatory flexibility analysis):
The majority of businesses impacted by the rule are small businesses. The total economic impact of the proposed rule revision is estimated to be $ 0.
12. Agency Contact Person:
Frank Fetter, Bureau of Drinking and Groundwater - DG/5
Department of Natural Resources,
101 S. Webster Street
Madison, WI 53703
(608) 264-6139
13. Place where comments are to be submitted and deadline for submission:
RULE TEXT
Section 1 NR 812.11 (15) (b), (d) and (e) are amended to read:
NR 812.11 (15) (b) Neat cement. Neat cement grout shall consist of a mixture of cement and water in the following proportion: one 94−pound bag of Portland cement, labeled as meeting ASTM C 150, Type I or API−10A, Class A or ASTM C595, Type IL; and 5 to 6 gallons of water. Ingredients, to increase fluidity, or control shrinkage or time of set may be used only with a variance. Neat cement shall have a density of 15.0 to 15.8 pounds per gallon. Neat cement shall have a uniform consistency with no lumps and any commercially prepared grout shall be screened by the well driller or well constructor prior to pumping. Grout densities for neat cement mixes are provided in Table C.
(d) Sand−cement. Sand−cement grout shall consist of a mixture of cement, sand, and water in the proportion of one 94−pound bag of Portland cement, labeled as meeting ASTM C 150, Type I or API−10A, Class A or ASTM C595, Type IL; a cubic foot of dry sand and 5 to 6 gallons of water. The sand shall meet the specifications for use in Portland cement concrete.
(e) Concrete. Concrete shall consist of a mixture of cement, water, sand, and gravel in the following proportion: one 94−pound bag of Portland cement (, labeled as meeting ASTM C 150, Type I or API−10A, Class A or ASTM 595, Type IL); an equal measure of sand and an equal measure of gravel, by weight or by volume; and not more than 6 gallons of water. As an alternative, a commercially prepared mix may be used if the mix has at least 6 bags of cement per cubic yard and the gravel size does not exceed 1/3 of the inside diameter of the tremie pipe used for filling and sealing the well or drillhole.
Section 2 Statement of Emergency. Pursuant to s. 227.24(1)(a), Wis. Stats., the Department of Natural Resources (department) finds that promulgating rules under this subsection as emergency rules is necessary for the preservation of public peace, health, safety, or welfare. Currently, ch. NR 812, Wis. Adm. Code, requires the use of Type I Portland cement that meets ASTM C150 standards or Class A Portland cement that meets API-10A standards in the construction of water wells. Cement is an important material for grouting and sealing wells in Wisconsin, especially in areas with fractured bedrock formations. Chapter NR 812, Wis. Adm. Code, requires the use of cement and cement mixed with other materials for the sealing of annular spaces and for filling unused wells in certain conditions, including annular spaces that extend through bedrock formations. It has recently come to the attention of the department that the companies that manufacture cement for sale and distribution in Wisconsin and surrounding states have switched from producing Type I Portland cement and are now only producing Type IL cement, which does not meet ASTM C150 or API-10A standards.
Section 3 Effective Date. This rule takes effect upon publication in the official state newspaper, as provided in s. 227.24(1)(c), Wis. Stats. Section 4 Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on December 14, 2022.
