DNR announces action plan to address PFAS contamination in Wisconsin

Laura Schulte
Milwaukee Journal Sentinel

The state Department of Natural Resources on Wednesday sent a plan to Gov. Tony Evers for addressing the "forever chemicals" present across the state. 

The PFAS Action Plan was developed over the past year, building on work already being done by the DNR and other state agencies to track, contain and research the chemicals. Wisconsin is the 10th state to issue a PFAS action plan, said Mimi Johnson, the policy director for the Office of Emerging Contaminants at the DNR. 

"This Action Plan is just the blueprint for what can be done in Wisconsin," said DNR Secretary Preston Cole. "The real work is just beginning, and will rely heavily upon ongoing collaboration with and contributions from stakeholders and partners across the state."

PFAS, or per- and polyfluoroalkyl substances, are a family of man-made chemicals used for their water- and stain-resistant qualities in products like clothing and carpet, nonstick cookware, packaging and firefighting foam. The family includes 5,000 compounds, which are persistent, remaining both in the environment and human body over time. Accumulation of the chemicals in the body has been linked to cancer or other adverse health effects.

The chemicals have been found at 52 different sites in Wisconsin — sites of fires where PFAS-containing foam were used to put out the flames, landfills and sites of spills. 

Costs were not included in the plan, because it depends upon what parts of the plan are implemented by the state Legislature and Evers, said Darsi Foss, administrator of the DNR’s environmental management division.

The action plan wasn't included in the 2021-23 budget submitted by the DNR in September because of the delay in drafting the plan caused by the coronavirus pandemic. But that doesn't mean that the Legislature or Evers couldn't include money to implement some parts of the plan. 

Foss said she realizes that the pandemic will likely limit spending in a lot of different areas and cause lawmakers to make tough decisions, but she hopes to see bipartisan agreement on PFAS. 

The PFAS Action plan isn't the step that Wisconsin has taken to address the chemicals this year. 

This year, the Natural Resources Board, the policy-setting arm of the DNR, signed off on the recommendations for PFOA and PFOS in January, which said that no combination of the two compounds could measure over 20 parts per trillion in any ground, surface or drinking water. Those two compounds are two of the most studied and well-known PFAS compounds. 

In addition to PFOA and PFOS, standards have been suggested by the DHS for 12 other PFAS compounds. Those standards will be reviewed by the Natural Resources Board, and if approved, sent to the state Legislature for enactment. 

In September, Act 101 went into effect, banning firefighting foam containing PFAS except in the case of emergency situations such as fire at airports or oil refineries. Testing of PFAS-containing foams is now only permitted at facilities with treatment facilities able to remove the chemicals from water. 

The Natural Resources Board in October set an emergency rule to clarify Act 101, setting "action levels" that can be used by the DNR to determine if testing facilities are effectively treating water that has come into contact with PFAS. The rule allows for facilities to use carbon filtration, incineration or a custom system approved by department employees. Companies will be required to do routine testing for 14 PFAS chemicals commonly found in firefighting foam to ensure the treatment systems are operating correctly. 

The Joint Committee for Review of Administrative Rules is set to meet Friday to discuss the emergency rules. 

Laura Schulte can be reached at leschulte@jrn.com and on Twitter at @SchulteLaura