Update On NR 140 Rulemaking For PFAS Substances
New Rulemaking Initiated For Six PFAS Substances
In April 2024, the U.S. Environmental Protection Agency (EPA) finalized federal drinking water standards under the Federal National Primary Drinking Water Regulation for six Per- and Polyfluorinated Substances (PFAS): PFOA, PFOS, PFNA, PFHxS, HFPO-DA (GenX chemicals) and PFBS.
In May 2024, the Wisconsin Department of Natural Resources (DNR) sent a letter to the Department of Health Services (DHS) formally requesting that the DHS recommend state groundwater quality enforcement standards for the six PFAS. After conducting a review of the six compounds, the DHS developed recommendations for Cycle 12 groundwater quality standards based on statutory requirements. At the end of January 2025, the DNR received a letter from DHS (revised in February 2025) with recommendations for the six PFAS.
Following this, the DNR initiated the rulemaking process under Board Order DG-02-25 to amend ch. NR 140 and establish groundwater standards for six PFAS, based on the 2025 DHS recommendations.
The scope statement has recently been signed by both the DNR Secretary and the Governor. The DNR is currently in the early stage of the rule development and will seek preliminary hearing approval from the Natural Resources Board (NRB). The DNR expects to present the scope statement to the Board for approval in the spring of 2025.
For more information, please reach out to DNR140GroundwaterQualityStandards@wisconsin.gov.
Additional information can be found at these links:
Withdrawal Of Scope Statement SS 075-22, Board Order DG-17-22
On Feb. 7, 2025, the DNR withdrew scope statement SS 075-22 (Board Order DG-17-22), along with the related final economic impact analysis. View the official letter.
Scope statement SS 075-22 was approved by the NRB in December 2022 and aimed to amend NR 140 by establishing groundwater standards for four PFAS compounds: PFOA, PFOS, HFPO-DA (GenX chemicals) and PFBS. These proposed standards were based on recommendations from DHS issued in Cycle 10 (2019) and Cycle 11 (2020).
The DNR halted work on this rule after the final economic impact analysis projected that implementation and compliance costs would exceed $10 million over two years. Under s. 227.139, Wis. Stats, the DNR was unable to proceed with the rule without legislative action.
In light of DHS’s updated 2025 recommendations for the four PFAS above-mentioned, the DNR has officially withdrawn scope statement SS 075-22 and will continue rulemaking under Board Order DG-02-25, incorporating the most current guidance.
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