2019 - 2020 LEGISLATURE
June 27, 2019 - Introduced by Representatives C. Taylor, Gruszynski, Sargent,
Sinicki, Anderson, Zamarripa, Stubbs, Stuck, Subeck, Ohnstad, Kolste,
Emerson, Spreitzer, Billings, Considine, Hebl, Vining and Shankland,
cosponsored by Senators Miller, Hansen, Risser, Larson, Wirch,
Erpenbach, Ringhand, Smith, Bewley, Shilling, Carpenter, Johnson,
Schachtner and L. Taylor. Referred to Committee on Environment.
1An Act to amend
292.31 (1) (d) (intro.); and to create
20.370 (4) (aa), 20.370 (4) 2
(ab), 20.370 (4) (ad), 20.370 (4) (ae), 20.370 (4) (ak), 160.07 (4) (f), 160.07 (7), 3
160.15 (4), 281.17 (8) (c), 285.27 (2) (bm), 292.31 (1) (d) 1m., 292.74 and 299.15 4
(2m) of the statutes; relating to: setting standards for certain contaminants,
5providing information relating to off-site disposal of certain waste, extending
6the time limit for emergency rule procedures, providing an exemption from
7emergency rule procedures, granting rule-making authority, and making an
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to establish and enforce
various standards for per- and poly-fluoroalkyl substances (PFAS). The PFAS
group of substances includes several thousand chemicals; two of the most well known
are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).
The bill requires DNR to establish, by rule, acceptable levels and standards,
monitoring requirements, and required response actions for any PFAS in drinking
water, groundwater, surface water, air, solid waste, beds of navigable waters, and soil
and sediment, if the department determines that the substance may be harmful to
human health or the environment. These rules must cover, at a minimum, PFOA and
PFOS, as well as perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid
(PFNA), perfluorobutane sulfonic acid (PFBS), and perfluoroheptanoic acid
(PFHpA). For air emission standards, DNR must first determine that an emission
standard for a substance is needed to provide adequate protection for public health
and welfare, which is also required for other hazardous air contaminants under
current law. The bill also requires DNR to consider all PFAS to be air contaminants
and to require reporting of any emission of PFAS.
Under current law, DNR maintains a list of substances that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns. Under this bill, DNR is required to add to this list
PFOA, PFOS, PFHxS, PFNA, PFBS, PFHpA, and all other PFAS that have a
reasonable probability of entering the groundwater resources of the state and that
are shown to involve public health concerns. Under current law, the Department of
Health Services recommends enforcement standards for substances on this list,
which DNR then proposes as DNR rules in its rule-making process. Until DNR
establishes such rules, the bill requires DNR to apply any DHS-recommended
groundwater enforcement standard for any PFAS as an interim standard for
groundwater and as an interim maximum containment level for drinking water.
The bill also provides that DNR may, if it determines doing so is necessary to
protect human health or the environment, require a person who possesses or controls
PFAS to provide proof of financial responsibility for remediation and long-term care
to address contamination by a potential discharge of PFAS or environmental
pollution that may be caused by a discharge of PFAS.
In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. Before these
criteria are set, the bill allows DNR to require testing for PFAS to be done according
to nationally recognized standards.
Finally, the bill requires a person who generates solid or hazardous waste at a
site or facility under investigation by DNR to provide DNR with access to information
relating to any transportation to or treatment, storage, or disposal at another site,
facility, or location.
For further information see the state 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:
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 2
the following amounts for the purposes indicated:
- See PDF for table
20.370 (4) (aa) of the statutes is created to read:
From the general fund, as a continuing 3
appropriation, the amounts in the schedule to create a model to assist in identifying 4
and prioritizing sites with likely contamination by perfluoroalkyl or polyfluoroalkyl 5
substances or environmental pollution caused by such substances.
20.370 (4) (ab) of the statutes is created to read:
— emergency responder survey.
From the general fund, 8
as a continuing appropriation, the amounts in the schedule to conduct a survey of 9
local and state emergency responders and the use of fire fighting foam containing 10
perfluoroalkyl or polyfluoroalkyl substances.
20.370 (4) (ad) of the statutes is created to read:
— general operations.
Biennially, from the general fund, 13
the amounts in the schedule for the administration and enforcement of activities 14
relating to perfluoroalkyl or polyfluoroalkyl substances.
20.370 (4) (ae) of the statutes is created to read:
Biennially, from the general fund, the 3
amounts in the schedule for sampling and testing leachate and groundwater from 4
landfills for perfluoroalkyl and polyfluoroalkyl substances.
20.370 (4) (ak) of the statutes is created to read:
— investigation and assistance.
From the general fund, 7
as a continuing appropriation, the amounts in the schedule for investigating 8
emerging contaminants that are perfluoroalkyl or polyfluoroalkyl substances and 9
providing temporary potable water or treatment systems when no responsible party 10
for a contamination is available.
160.07 (4) (f) of the statutes is created to read:
(f) In recommending an enforcement standard for a perfluoroalkyl 13
or polyfluoroalkyl substance, the department of health services may recommend 14
individual standards for each substance, a standard for these substances as a class, 15
or standards for groups of these substances.
160.07 (7) of the statutes is created to read:
If the department of health services recommends an enforcement 18
standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such 19
substances under this section, the department shall apply the standard as an interim 20
enforcement standard for that substance, including through sampling, monitoring, 21
and testing, and any other actions required by rules promulgated by the department, 22
unless emergency or permanent rules that establish an enforcement standard for 23
that substance are in effect.
160.15 (4) of the statutes is created to read:
Notwithstanding sub. (1), if an interim enforcement standard for a 2
perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the 3
department shall apply an interim preventive action limit for that substance of 20 4
percent of the concentration established as the interim enforcement standard, 5
unless emergency or permanent rules that establish a preventive action limit for that 6
substance are in effect.
281.17 (8) (c) of the statutes is created to read:
(c) If the department of health services recommends an enforcement 9
standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such 10
substances under s. 160.07, the department shall apply the standard as an interim 11
maximum contaminant level for public water systems, water suppliers, and 12
laboratories certified to analyze drinking water, in accordance with rules 13
promulgated by the department, unless emergency or permanent rules that 14
establish maximum contaminant levels for that substance are in effect.
285.27 (2) (bm) of the statutes is created to read:
(bm) Standard for PFAS.
The department shall determine whether 17
an emission standard for any known perfluoroalkyl or polyfluoroalkyl substance or 18
a group or class of such substances is needed to provide adequate protection for public 19
health or welfare under par. (b). If the department finds that the standard is needed 20
to provide adequate protection for public health or welfare, the department shall 21
promulgate an emission standard for that substance.
292.31 (1) (d) (intro.) of the statutes is amended to read:
(d) Access to information.
(intro.) Upon the request of any officer, 24
or authorized representative of the department, any person who 25
generated, transported, treated, stored,
or disposed of solid or hazardous waste
may have been disposed of at a site or facility under investigation by the 2
department and any person who generated solid or hazardous waste at a site or
3facility under investigation by the department that was transported to, treated at,
4stored at, or disposed of at another site, facility, or location
shall provide the officer, 5
or authorized representative access to any records or documents in that 6
person's custody, possession,
or control which relate to:
292.31 (1) (d) 1m. of the statutes is created to read:
(d) 1m. The type and quantity of waste generated at the site or 9
facility that was transported to, treated at, stored at, or disposed of at another site, 10
facility, or location, and the dates and locations of these activities.
292.74 of the statutes is created to read:
12292.74 Financial responsibility for PFAS.
The department may, if it 13
determines doing so is necessary to protect human health or the environment, 14
require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl 15
substance to provide proof of financial responsibility for conducting emergency 16
response actions, remedial actions, environmental repair, and long-term care to 17
address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl 18
substances or environmental pollution that may be caused by a discharge of such 19
substances. The department shall establish, by rule, the procedure for determining 20
whether requiring a proof of financial responsibility is necessary to protect human 21
health or the environment, and may establish requirements for types of financial 22
responsibility, methods for calculating amounts of financial responsibility, access 23
and default, bankruptcy notifications, and any other requirements the department 24
determines is necessary under this section. The proof of financial responsibility
required under this section shall be in addition to any other proof of financial 2
responsibility or financial assurance required under this chapter.
299.15 (2m) of the statutes is created to read:
The department shall consider all known perfluoroalkyl or 5
polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The 6
reporting level for these substances is zero pounds per year.
(1) Emergency rules for PFAS in drinking water, groundwater, surface
9water, solid waste, beds of navigable waters, and contaminated soil and sediment.
(a) The department of natural resources shall promulgate emergency rules 11
under s. 227.24 establishing acceptable levels and standards, performance 12
standards, monitoring requirements, and required response actions for any 13
perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances, 14
which the department determines may be harmful to human health or the 15
environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07 16
(5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and 17
from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards 18
are needed to provide adequate protection for public health or welfare; solid waste 19
and solid waste facilities under chs. 289 and 291; beds of navigable waters under s. 20
30.20; and soil and sediment under chs. 289 and 292.
(b) The department of natural resources shall promulgate emergency rules 22
under s. 227.24 to add any perfluoroalkyl or polyfluoroalkyl substance or group or 23
class of such substances that the department determines may be harmful to human 24
health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for 25
purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4); to add
to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or 2
polyfluoroalkyl substance or group or class of such substances for which the 3
department determines that the listing is necessary to protect public health, safety, 4
or welfare; and to administer and enforce ch. 292 in relation to remedial actions 5
involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such 6
(c) Notwithstanding any finding required under par. (a) or (b), emergency rules 8
promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane 9
sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, 10
perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid 11
and shall include provisions for enforcing these standards, including requiring 12
sampling, monitoring, testing, and response actions.
(d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated 14
under pars. (a) and (b) remain in effect until July 1, 2022, or the date on which 15
permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) 16
and (3), the department of natural resources is not required to provide evidence that 17
promulgating a rule under this subsection as an emergency rule is necessary for the 18
preservation of public peace, health, safety, or welfare and is not required to provide 19
a finding of emergency for a rule promulgated under this subsection.