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REINS Act Requires DNR To Stop Rulemaking For
PFAS In Groundwater
The Department of Natural Resources (DNR), today announced that rulemaking for DG-17-22, to create standards for per- and polyfluoroalkyl substances (PFAS) in groundwater, has stopped pending action by the state legislature. The public hearing scheduled for Jan. 3, 2024, has been canceled.
Wis. Stat. § 227.139(1) requires state agencies to secure authorization from the state legislature to continue rulemaking efforts if an economic impact analysis of the proposed rule indicates that costs to businesses, local governmental units and individuals would be $10 million or more in any 2-year period. The final economic impact analysis of proposed groundwater standards for PFAS is in excess of $10 million for a 2-year period. As required by state statutes, the DNR has stopped work on this proposed rule and has notified the state legislature. The state legislature will need to grant the DNR authority to continue the rulemaking process for setting PFAS standards in drinking water.
The DNR is committed to protecting all Wisconsinites from PFAS in water, including the one in four people who rely on private wells and 99% of public water systems that source their water from groundwater. We are hopeful that the state legislature will agree with the importance of setting standards for PFAS in groundwater and will quickly act to allow the DNR to continue this rulemaking process.
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