SB361: Bill Text

SB361,12,6 281.79 Negotiations for alternate source of water due to PFAS contamination. (1) Definitions. In this section:

SB361,12,8 (a) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

SB361,12,9 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

SB361,12,16 (2) Request for mediator. A municipality that contains private water supplies that have been contaminated by perfluoroalkyl or polyfluoroalkyl substances and that is entitled to obtain an alternate source of water or to connect to a public water supply or another private water supply under s. 281.75 or 281.77 may request that the department appoint a mediator to assist in negotiations if the alternate source of water is to be provided by or the connection is to be made to a water supply located within another municipality.

SB361,13,2 (3) List of mediators. The department shall maintain a list of competent and disinterested mediators qualified to perform the duties under this section. None of the mediators may be employees of the department. Upon receiving a request from a municipality under sub. (2), the secretary or his or her designee shall select 2 or 3 mediators from the list and inform the requesting municipality of the persons selected. The municipalities and any responsible parties participating in negotiation shall choose a mediator and shall notify the department of the person selected, upon which the secretary or his or her designee shall appoint the mediator. If the parties cannot agree on a mediator, the secretary or his or her designee shall appoint a mediator.

SB361,13,12 (4) Negotiation. The mediator, immediately upon being appointed, shall contact the department, the municipalities, and any participating responsible parties and shall schedule negotiating sessions. The mediator shall schedule the first negotiating session no later than 20 days after being appointed. The mediator may meet with all parties to the negotiation, individual parties, or groups of parties. The mediator shall facilitate a discussion between the municipalities and any participating responsible parties to attempt to reach an agreement on the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

SB361,13,15 (5) Addition of parties. The mediator shall permit the addition to the negotiation, at any time, of any responsible party or any other person who wishes to be a party to the negotiated agreement.

SB361,13,20 (6) Agreement. The parties to the negotiation may enter into an agreement, in accordance with ss. 292.11 and 292.31, regarding the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

SB361,14,2 (7) Failure to reach an agreement. If the parties to the negotiation are unable to reach an agreement under sub. (6) by the end of the period of negotiation, the mediator shall make a recommendation to the department and to the parties to the negotiation regarding the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

SB361,14,7 (8) Costs. The municipalities and any responsible parties that participate in negotiations shall pay for the costs of the mediator, whether or not an agreement among the parties is reached under sub. (6) or the parties accept the recommendation of the mediator under sub. (7). The mediator shall determine an equitable manner of paying for the costs of the mediator, which is binding.

SB361,14,10 (9) Technical assistance. The department shall provide technical assistance to a mediator at the request of the mediator. The department may limit the amount of staff time allocated to each negotiation.

SB361,19 Section 19 . 285.27 (2) (bm) of the statutes is created to read:

SB361,14,19 285.27 (2) (bm) Standards for PFAS. The department shall promulgate emission standards for any perfluoroalkyl or polyfluoroalkyl substance for which the department of health services has recommended a groundwater enforcement standard to provide adequate protection for public health and welfare, taking into account energy, economic, and environmental impacts and other costs related to the emission source. The department shall begin promulgating standards under this paragraph within 12 months of receiving a recommended groundwater enforcement standard from the department of health services.

SB361,20 Section 20 . 292.31 (1) (d) (intro.) of the statutes is amended to read:

SB361,15,4 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer, employee, or authorized representative of the department, any person who generated, transported, treated, stored, or disposed of solid or hazardous waste which that may have been disposed of at a site or facility under investigation by the department and any person who generated solid or hazardous waste at a site or facility under investigation by the department that was transported to, treated at, stored at, or disposed of at another site, facility, or location shall provide the officer, employee, or authorized representative access to any records or documents in that person's custody, possession, or control which relate to:

SB361,21 Section 21 . 292.31 (1) (d) 1m. of the statutes is created to read:

SB361,15,8 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or facility that was transported to, treated at, stored at, or disposed of at another site, facility, or location, and the dates and locations of these activities.

SB361,22 Section 22. 292.31 (11) of the statutes is created to read:

SB361,15,15 292.31 (11) Residual contaminant levels for PFAS. The department shall require responsible parties to establish residual contaminant levels for the cleanup of contaminated soil and sediment, as required under rules promulgated by the department, as a result of a discharge of any perfluoroalkyl or polyfluoroalkyl substance for which the department receives a recommended groundwater enforcement standard from the department of health services.

SB361,23 Section 23 . 292.66 of the statutes is created to read:

SB361,15,17 292.66 PFAS municipal grant program. (1) Definitions. In this section:

SB361,15,18 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

SB361,15,20 (b) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

SB361,15,21 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB361,15,25 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ed) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

SB361,16,2 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

SB361,16,6 (a) The municipality tested or trained with a class B fire fighting foam that contained intentionally added PFAS in accordance with applicable state and federal law, or a 3rd party tested or trained with a class B fire fighting foam that contained intentionally added PFAS within the boundaries of the municipality.

SB361,16,8 (b) The municipality applied biosolids to land under a permit issued by the department under s. 283.31.

SB361,16,11 (c) One or more PFAS are impacting the municipality's drinking water supply or surface water or groundwater within the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

SB361,16,13 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

SB361,16,15 (a) Investigating potential PFAS impacts to the air, land, or water at a site or facility for the purpose of reducing or eliminating environmental contamination.

SB361,16,17 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.

SB361,16,19 (c) Sampling a private water supply within 3 miles of a site or facility known to contain PFAS or to have caused a PFAS discharge.

SB361,16,21 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

SB361,16,23 (e) Conducting emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, or waters of the state.

SB361,17,3 (f) Removing or treating PFAS in a public water system using the most cost-effective method to provide safe drinking water in areas where PFAS levels exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement standard for PFAS under ch. 160 or where the state has issued a health advisory for PFAS.

SB361,17,4 (g) Paying the costs of a municipality for a mediator under s. 281.79.

SB361,17,8 (5) Application. A municipality shall apply for a grant on a form prescribed by the department and shall include any information that the department finds necessary to determine the eligibility of the project, identify the funding requested, determine the priority of the project, and calculate the amount of a grant.

SB361,17,10 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

SB361,17,13 (a) The municipality's demonstrated commitment to performing and completing eligible activities, including the municipality's financial commitment and ability to successfully administer grants.

SB361,17,15 (b) The degree to which the project will have a positive impact on public health and the environment.

SB361,17,17 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

SB361,17,21 (7) Matching funds. The department may not distribute a grant under this section unless the applicant contributes matching funds equal to at least 20 percent of the amount of the grant. Matching funds may be in the form of cash, in-kind contributions, or both.

SB361,24 Section 24. 292.67 of the statutes is created to read:

SB361,17,24 292.67 County well testing grant program. (1) Definitions. In this section:

SB361,17,25 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB361,18,2 (b) “Private water supply" means a well that is used as a source of water for humans, livestock, as defined in s. 95.80 (1) (b), or poultry.

SB361,18,6 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ee) to counties for the purpose of providing sampling and testing services to owners of private water supplies to sample and test for PFAS, nitrates, bacteria, and lead.

SB361,25 Section 25 . 292.74 of the statutes is created to read:

SB361,18,25 292.74 Financial responsibility for PFAS. The department may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls or who causes the discharge of a perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department 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 responsibility or financial assurance required under this chapter. This section does not apply to a municipality, fire department, fire district, water utility, wastewater utility, agricultural producer, or the state.

SB361,26 Section 26. 299.15 (2m) of the statutes is created to read:

SB361,19,6 299.15 (2m) The department shall consider any perfluoroalkyl or polyfluoroalkyl substance for which the department of health services has recommended a groundwater enforcement standard to be an air contaminant for purposes of sub. (2) (a) 2. The reporting level for these substances is any amount greater than zero pounds per year.

SB361,27 Section 27. 299.48 (1) (am) of the statutes is created to read:

SB361,19,11 299.48 (1) (am) “Foam” includes any material that contains PFAS that is generated as a result of foam storage, containment, or treatment, including treatment media, equipment used to clean up fire fighting foams, booms, filters, infrastructure, or other debris.

SB361,28 Section 28. 299.48 (1) (e) of the statutes is created to read:

SB361,19,16 299.48 (1) (e) “Treatment” means any method, technique, or process, including thermal destruction, that changes the physical, chemical, or biological character or composition of a contaminant so as to immobilize, remove, or destroy the contaminant.

SB361,29 Section 29. 299.48 (3d) of the statutes is created to read:

SB361,20,9 299.48 (3d) Treatment and disposal. (a) If the person responsible for treatment of foam uses a treatment other than incineration or thermal destruction, the person shall monitor and sample any treated wastewater for the foam indicator parameters listed in par. (b) or in a modified list of indicator parameters under par. (d) to ensure effective treatment of foam, which includes removal of PFAS. The treatment indicator parameter action levels included in par. (b) or in any modified list under par. (d) are not enforceable effluent limitations, but are values that shall be used by the person treating foam to gauge appropriate treatment effectiveness, and to trigger actions under par. (c) that are needed to ensure that a treatment system continues to optimize PFAS removal. Treated wastewater samples shall be collected at least weekly during periods of discharge, although this frequency may be reduced after one year of data collection if the department determines that data indicate that breakthrough of PFAS occurs less frequently than weekly. All analytical sample results for PFAS shall be retained for 3 years and made available to the department upon request. In accordance with par. (c), the person responsible for the treatment of foam may request a modification to the list of PFAS indicator parameters that are required for sampling under par. (b).

SB361,20,11 (b) The PFAS treatment indicator parameters and action levels for this subsection are as follows:

SB361,20,12 1. For 4:2 Fluorotelomer Sulfonic Acid (4:2 FTS), the action level is 2.1 ng/L.

SB361,20,13 2. For 6:2 Fluorotelomer Sulfonic Acid (6:2 FTS), the action level is 2.4 ng/L.

SB361,20,14 3. For 8:2 Fluorotelomer Sulfonic Acid (8:2 FTS), the action level is 2.3 ng/L.

SB361,20,15 4. For Perfluorobutanoic Acid (PFBA), the action level is 960 ng/L.

SB361,20,16 5. For Perfluorobutanesulfonic Acid (PFBS), the action level is 1.8 ng/L.

SB361,20,17 6. For Perfluoropentanoic Acid (PFPeA), the action level is 197 ng/L.

SB361,20,18 7. For Perfluoropentanesulfonic Acid (PFPeS), the action level is 2.4 ng/L.

SB361,20,19 8. For Perfluorohexanoic Acid (PFHxA), the action level is 2.4 ng/L.

SB361,20,20 9. For Perfluorohexanesulfonic Acid (PFHxS), the action level is 1.7 ng/L.

SB361,20,21 10. For Perfluoroheptanoic Acid (PFHpA), the action level is 3.2 ng/L.

SB361,20,22 11. For Perfluoroheptanesulfonic Acid (PFHpS), the action level is 2.0 ng/L.

SB361,20,23 12. For Perfluorooctanoic Acid (PFOA), the action level is 2.1 ng/L.

SB361,20,24 13. For Perfluorooctanesulfonic Acid (PFOS), the action level is 1.3 ng/L.

SB361,21,2 14. For Perfluorooctanesulfonamide (PFOSA / FOSA), the action level is 4.9 ng/L.

SB361,21,7 (c) If the concentration of PFAS in a wastewater sample exceeds a treatment indicator parameter action level listed in par. (b) or treatment indicator parameter action level in a modified list approved under par. (d), the person responsible for the treatment of foam shall take one or more of the following actions until the indicator parameter action level is achieved again:

SB361,21,9 1. Hold the treated water until further sampling, treatment, or both confirms that treatment indicator parameter action levels are attained.

SB361,21,12 2. Replace the granular activated carbon media within the lead carbon vessel, move that vessel to the lag position, and move all other vessels forward one position in the series.

SB361,21,15 3. Modify the design or operation of the treatment system to prevent discharges of foam with the goal of compliance with the treatment indicator parameters in par. (b) or in a modified list approved under par. (d).

SB361,22,3 (d) The person responsible for treatment of foam may request modification of the sampling requirements in pars. (a) and (b) based on the documented nature and concentration of foam being tested. The request shall include sampling and analysis of the foam that will be discharged and data documenting efficiency of removal by the treatment system. Samples shall be representative of daily operations and performed when the full range of PFAS are likely to be present in maximum concentrations or quantities. The department may approve modified sampling requirements if the requester demonstrates that any indicator parameters listed in par. (b) that will be excluded will not be present in the effluent, and that the proposed alternative or remaining parameters are sufficient to gauge appropriate treatment effectiveness and to trigger actions needed to ensure that the treatment system continues to optimize PFAS removal. The department shall notify the person requesting a modification in writing of its decision.

SB361,30 Section 30. 299.48 (3m) (c) of the statutes is created to read:

SB361,22,6 299.48 (3m) (c) Notification under this subsection shall be done according to ch. NR 706, Wis. Adm. Code.

SB361,31 Section 31. 299.485 of the statutes is created to read:

SB361,22,9 299.485 Food packaging containing PFAS. (1) Definition. In this section, “PFAS” means a perfluoroalkyl and polyfluoroalkyl substance.

SB361,22,12 (2) Prohibition. Beginning on January 1, 2025, no person may distribute, sell, or offer for sale food packaging or products contained in food packaging that contains intentionally added PFAS.

SB361,32 Section 32 . Nonstatutory provisions.

SB361,22,24 (1) Emergency rules for PFAS municipal grant program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the municipal grant program under s. 292.66. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, 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) (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.

SB361,23,12 (2) Emergency rules for fire fighting foam. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the collection and disposal of fire fighting foams that contain perfluoroalkyl and polyfluoroalkyl substances. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, 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) (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.

SB361,23,19 (3) Notification. The department of natural resources shall notify the legislative reference bureau when the federal environmental protection agency promulgates regulations relating to air stack testing methods for any perfluoroalkyl or polyfluoroalkyl substance and the effective date of those regulations. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies the effective date of the treatment of ss. 285.27 (2) (bm) and 299.15 (2m), as determined under Section 34 (2 ) of this act.

SB361,23,25 (4) Emission standards for PFAS. Notwithstanding s. 285.27 (2) (bm), if the department of health services has recommended a groundwater enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance before the effective date of this subsection, the department of natural resources is not required to begin promulgating an emission standard for that substance until 12 months beginning after the effective date of this subsection.

SB361,24,1 (5) Testing laboratories; emergency rules.