2021 - 2022 LEGISLATURE
January 25, 2021 - Introduced by
Joint Committee for Review of Administrative
Rules. Referred to Committee on State Affairs.
1An Act to renumber
299.48 (5); and
299.48 (5) (b) of the statutes; 2relating to: fire fighting foam containing PFAS and the partial suspension of
3a rule of the Department of Natural Resources.
Analysis by the Legislative Reference Bureau
Current law prohibits the use or discharge of fire fighting foam that contains
perfluoroalkyl or polyfluoroalkyl substances (PFAS) unless the use or discharge is
part of an emergency fire fighting or fire prevention operation or if the use is for
testing purposes as long as the testing facility has implemented appropriate
containment, treatment, and disposal or storage measures to prevent discharge of
the foam to the environment. Appropriate containment, treatment, and disposal or
storage measures may not include discharging the foam into a storm or sanitary
sewer. Current law requires the Department of Natural Resources to promulgate
rules to administer these requirements and prohibitions, including to determine
appropriate containment, treatment, and disposal or storage measures for testing
This bill prohibits DNR from promulgating a rule that does any of the following:
1. Applies to materials that are contaminated with PFAS-containing foam.
2. Defines “treatment” as requiring the total immobilization, removal, or
destruction of a contaminant.
3. Requires any notice of use or discharge of PFAS-containing foam to be given
as provided under ch. 292, stats., or any rule promulgated under ch. 292, stats.
4. For a person treating PFAS-containing foam by a method other than
incineration or thermal destruction: specifies numerical standards or treatment
indicator parameter action levels; specifies a frequency for collecting wastewater
samples; or specifies a retention period for PFAS sample results.
The bill is introduced as required by s. 227.26 (2) (f), stats., in support of the
action of the Joint Committee for Review of Administrative Rules in partially
suspending DNR emergency rule 2045 on December 18, 2020. Emergency rule 2045
went into effect on December 4, 2020, and contains the provisions listed above.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
299.48 (5) of the statutes is renumbered 299.48 (5) (a).
299.48 (5) (b) of the statutes is created to read:
(b) Notwithstanding par. (a), the department may not issue any 4
order or promulgate any rule under this section that does any of the following:
1. Applies to any materials that are contaminated with a class B fire fighting 6
foam that contains intentionally added PFAS or that applies to a person's 7
containment, treatment, and disposal or storage of any materials that are 8
contaminated with such foam.
2. Defines “treatment” as requiring the total immobilization, removal, or 10
destruction of a contaminant.
3. Requires any notice of use or discharge of class B fire fighting foam that 12
contains intentionally added PFAS to be given as provided under ch. 292 or any rule 13
promulgated under ch. 292.
4. For a person treating a class B fire fighting foam that contains intentionally 15
added PFAS by a method other than incineration or thermal destruction, does any 16
of the following:
a. Specifies numerical standards or treatment indicator parameter action 18
levels to be used by the person treating the foam to gauge appropriate treatment
effectiveness and to trigger actions that are needed to ensure that a treatment 2
system continues to optimize PFAS removal.
b. Specifies a frequency for collecting wastewater samples.
c. Specifies a period during which analytical sample results for PFAS must be 5
retained and made available to the department.