Establishing PFAS management zones

Under the bill, if a test of drinking water shows levels of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in excess of 70 parts per trillion (a positive test), the outer boundaries of an initial PFAS management zone is set at a one-mile radius around the location of the positive test. The area that is one mile outside of this initial boundary is designated as the testing region, within which DNR may conduct testing and research relating to PFOA and PFOS, as well as perfluorobutane sulfonic acid (PFBS), perfluoroheptanoic acid (PFHpA), perfluorohexane sulfonic acid (PFHxS), and perfluorononanoic acid (PFNA).

If five positive tests for PFOA and PFOS are found in a testing region, the maximum boundary of an initial PFAS management zone expands to include the testing region and the area that is one mile outside of this new boundary becomes a new testing region. DNR may continue to expand the maximum boundary of a proposed PFAS management zone and testing region in one-mile increments until it can no longer find five positive tests for PFOA and PFOS in a testing region.

If DNR finds a discernable path of contamination, DNR must continue to extend the boundary of the proposed PFAS management zone and testing region in one-mile increments in the direction of the path of contamination until it can no longer find five positive tests for PFOA and PFOS in the testing region. If DNR finds a discernable path of contamination, DNR must also consider removing from the proposed PFAS management zone any areas that are not in the path of contamination and that either do not contain positive tests or that contain minimal evidence of contamination. DNR must also consider removing areas from the proposed PFAS management zone based on several listed factors, including hydrogeological considerations, likely sources of contamination, and physical boundaries such as public roadways.

The bill requires DNR, when testing for PFAS, to require testing to be done in soil and sediment, groundwater, surface water, drinking water, biosolids, and, if applicable, fish and wildlife tissue. DNR must use any testing data to advise in any PFAS-related permanent rules. The bill also requires any sampling to be conducted by DNR or by a third party with whom DNR contracts. Any testing must be conducted by the State Laboratory of Hygiene or a laboratory accredited for PFAS testing by DNR.

After it determines the boundaries of a proposed PFAS management zone, DNR must hold a public meeting to provide information about contaminants and their possible sources and effects. If, after the public meeting, DNR determines that a PFAS management zone should be established, DNR must establish the final management zone within 30 days after the meeting. The bill exempts DNR's creation of a PFAS management zone from the rule-making process.

Under the bill, a designation of a PFAS management zone expires one year after any emergency rules relating to testing in a PFAS management zone expire.

Requirements within PFAS management zones

The bill requires DNR to establish, by emergency rule, requirements for public water systems that draw water from groundwater or surface water within a PFAS management zone to test their water for PFOA, PFOS, PFHxS, PFHpA, PFNA, and PFBS and to submit the results of testing to DNR. The bill provides that such rules may not create a standard for PFAS contained in drinking water in a PFAS management zone, although testing results may be used to inform future actions.

In addition, the bill requires DNR to establish emergency rules requiring the testing of any biosolids from a publicly owned treatment works if the biosolids are spread in a PFAS management zone or, for a publicly owned treatment works that has any part of its service area in a PFAS management zone, if the biosolids are to be moved off-site. The bill provides that such rules may not create a standard for PFAS contained in biosolids that are spread in a PFAS management zone, although testing results may be used to inform future actions.

Notification and reporting

The bill requires DNR to establish an Internet site for each PFAS management zone, and to include specific information on those sites. The bill also requires DNR to notify any local, county, or tribal governments within an initial or established PFAS management zone when DNR finds the first initial positive test, when DNR establishes a PFAS management zone, and when DNR establishes an Internet site for the zone.

In addition, under the bill, DNR must report to the legislature on the boundaries and method for establishing the PFAS management zones, the results of PFAS testing in PFAS management zones, plans for addressing PFAS contamination, and the technical and economic feasibility of complying with PFAS standards.

Grant and loan priorities

The bill changes the existing well compensation grant program, the safe drinking water loan program, and the clean water fund program to give priority to projects addressing PFAS contamination in PFAS management zones.

PFAS advisory committee

Finally, the bill requires DNR to establish an advisory committee to advise DNR on the promulgation of permanent rules relating to PFAS. The committee must include members of groups likely to be affected by such rules.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB774,1 Section 1. 227.01 (13) (yv) of the statutes is created to read:

SB774,3,3 227.01 (13) (yv) Determines the boundaries of a PFAS management zone under s. 281.18 (3).

SB774,2 Section 2. 281.18 of the statutes is created to read:

SB774,3,5 281.18 PFAS management zones. (1) Definitions. In this section:

SB774,4,3 (a) “Discernable path of contamination” means the path that PFAS contamination takes from its source, such as down a river or with the flow of the groundwater table.

SB774,4,5 (b) “Drinking water” means surface water or groundwater used as a source of public or private drinking water, as determined by the department.

SB774,4,6 (c) “PFAS” means a perfluoroalkyl substance or polyfluoroalkyl substance.

SB774,4,7 (d) “PFBS” means perfluorobutane sulfonic acid.