AB922,4,10 (g) “PFNA” means perfluorononanoic acid.

AB922,4,11 (h) “PFOA” means perfluorooctanoic acid.

AB922,4,12 (i) “PFOS” means perfluorooctanesulfonic acid.

AB922,4,14 (j) “Positive test” means a test of a drinking water sample that shows levels of PFOA and PFOS in excess of 70 parts per trillion.

AB922,5,2 (2) Purpose. The purpose of this section is to define geographical areas in this state that are characterized by elevated levels of PFOA and PFOS in surface water or groundwater that is used as a source for public or private drinking water. The purpose of PFAS management zones is to provide guidelines that target areas of the state most affected by PFAS contamination to, in the short-term, protect public health and welfare and, in the long-term, research the best methods and most economically and technically feasible outcomes for implementing statewide standards, for performing cleanup measures, including soil and sediment remediation, and for properly disposing of contaminants. The department shall use the information gathered from these zones to inform future actions, including rule making and other administrative actions. The PFAS management zones shall also be used to identify the path of contamination to inform future actions.

AB922,5,4 (3) Establishing PFAS management zones. A PFAS management zone shall be established using the following method:

AB922,5,6 (a) The area within a one-mile radius of a positive test is the maximum boundary of the initial PFAS management zone.

AB922,5,9 (b) The area within one mile of the boundary of an initial PFAS management zone is the testing region. The department may conduct testing and research relating to PFOA, PFOS, PFHxS, PFNA, PFBS, and PFHpA within a testing region.

AB922,5,13 (c) If 5 positive tests are found in a testing region, the maximum boundary of an initial PFAS management zone expands to include the testing region. The area within one mile of the boundary of this expanded PFAS management zone becomes a new testing region.

AB922,5,16 (d) The department 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 5 positive tests in a testing region.

AB922,5,20 (e) If the department finds a discernable path of contamination, the department shall 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 5 positive tests in the testing region.

AB922,5,24 (f) If the department finds a discernable path of contamination, the department shall 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.

AB922,6,2 (g) The department shall consider removing from the proposed PFAS management zone other areas based on the following factors:

AB922,6,5 1. Hydrogeological considerations, including soil characteristics, depth to groundwater, groundwater gradients, and flow direction, based on positive test locations.

AB922,6,7 2. The geographic extent of the PFAS contamination and mobility of the contaminants, based on positive test locations.

AB922,6,8 3. Likely sources of PFAS contamination.

AB922,6,9 4. Reliability of sampling data and frequency of PFAS detections in samples.

AB922,6,10 5. Present and anticipated uses of surface or groundwater.

AB922,6,12 6. Legal land description boundaries, including political and property boundaries.

AB922,6,13 7. Public roads or other physical boundaries.

AB922,6,14 8. Any other factors the department determines are relevant.

AB922,6,21 (h) The department shall hold a public meeting after determining the boundaries of the proposed PFAS management zone. The public meeting shall be held not more than 30 days before establishing a final PFAS management zone. At the meeting, the department shall provide information about the PFAS contaminants within the proposed PFAS management zone, any known sources of the contaminants, any known effects on drinking water, and any anticipated steps the department plans to take to address the contamination.

AB922,6,25 (i) If, after holding the public meeting under par. (h), the department determines that a PFAS management zone should be established, the department shall establish the final PFAS management zone within 30 days after holding the public meeting, based on the factors outlined in this subsection.

AB922,7,2 (j) For administrative purposes, PFAS management zones that overlap may be considered to be a single, merged PFAS management zone.

AB922,7,6 (4) Emergency rules for treatment works and public water systems. (a) No later than 9 months after the effective date of this paragraph .... [LRB inserts date], the department shall, using the procedure under s. 227.24, promulgate emergency rules to establish the following:

AB922,7,12 1. 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 to the department. Emergency rules promulgated under this subdivision 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.

AB922,7,22 2. Requirements for testing 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. If a publicly owned treatment works that has any part of its service area in a PFAS management zone moves biosolids off-site and spreads biosolids in a PFAS management zone, the requirements established under this subdivision may require testing for only one of these actions, not both. Emergency rules promulgated under this subdivision 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.

AB922,8,8 (b) Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect for 3 years after the effective date of this paragraph .... [LRB inserts date], or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

AB922,8,15 (5) Testing; use of results. The department shall require testing to be conducted by an entity under sub. (6) for PFOA, PFOS, PFHxS, PFHpA, PFNA, and PFBS in soil and sediment, including lake and river bed sediment; groundwater; surface water; drinking water; biosolids; and fish and wildlife tissue, as applicable. The department may cause testing to be conducted in other media if the department determines that doing so is a priority. Data collected through testing shall be used to advise permanent rule making that seeks to regulate PFAS.