A public comment period will close on July 31 on the DNR's draft Economic Impact Analysis for proposed drinking water standards for the two Per- and Polyfluoroalkyl substances (PFAS) known as perfluorooctanoic acid (PFOA) and perfluorooctane

sulfonic acid (PFOS).

 

The preliminary draft of the EIA and a draft of the proposed rule including the new standards are on the DNR's proposed permanent administrative rules webpage.

 

Comments may be submitted electronically to DNRNR809Comments@wisconsin.gov or may be mailed to: Adam D DeWeese – DG/5
Wisconsin Department of Natural Resources, P.O. Box 7921, 7921,
Madison, WI 53707. Questions can also be directed to that email address.

 

The revised rules would establish a MCL of 20 ppt for PFOA and PFOS combined. Under the revised rules the DNR will require testing at a frequency like other synthetic organic compounds with Safe Drinking Water Act MCLs. This testing would occur at least every six years but may be as often as every quarter for a small subset of public water systems, depending upon the levels of PFAS contaminants detected.

 

The DNR's preliminary assessment estimates the initial monitoring cost for all systems to be $1.025 million and indicates that mitigation and monitoring costs are unknown. The new standards will affect approximately 2,000 public water systems.

The DNR is hosting bi-monthly meetings to gather feedback on revisions to ch. NR 811. The first meeting will be held on July 29 at 9:30 am at the DNR Building (GEF 2) in Madison, but participants will also be able to attend via Zoom. 

 

At the first meeting, stakeholders will be asked to address two subchapters in NR 811: Subchapter II – Source Development/ Groundwater, which covers well siting, well construction materials and methods, abandonment of wells, and special well construction requirements based on site geology and Subchapter XIII – Aquifer Storage Recovery, which covers aquifer storage recovery (ASR) well performance, construction, pilot studies, testing and operation. 

 

Cathrine Wunderlich, Public Water Engineering Section Chief, is taking the lead on the revisions. She can be emailed comments at Cathrine.Wunderlich@wisconsin.gov.  If you plan to attend, the meeting agenda can be found online on the DNR’s NR 811 Community Water System Operation and Design Updates website.

 

Following each stakeholder meeting, public comments will be incorporated into the draft rule. There will be additional opportunities for public input after all stakeholder meetings have been held.

 

The Natural Resources Board approved the Statement of Scope for Board Order DG-22-20 on June 23, 2021. The primary objectives of ch. NR 811, Wis. Adm. Code, revisions are to correct, clarify and update design and construction standards and address new technologies related to community drinking water systems.

Senator Rob Cowles (R - Green Bay)is seeking sponsors for LRB 3760, which streamlines the application process for loans from the Environmental Improvement Fund. Sponsors are to respond by July 27. 

 

 

 

 

At the request of the Municipal Environmental Group - Water Division, Senator Rob Cowles (R - Green Bay) and Representative John Spiros (R - Marshfield) are seeking sponsors for LRB 3101, which would make the water supply service area plan approval requirement apply to only certain utilities within the Great Lakes basin.

 

Among the provisions:

 

1. A water supply service area plan would only need DNR approval if it involves changes to withdrawals or diversions of water from the Great Lakes basin.

 

2. Water utilities could come up with its own procedures for implementing and updating their plan.

 

 

 

 

 

 

 

At its May 26 meeting, the Natural Resources Board authorized a preliminary public hearing and comment period to review the Statement of Scope for a rulemaking that would set new drinking water maximum contaminant levels for additional PFAS beyond PFOS and PFOA.

 

The public hearing will take place on June 4 at 1 pm via Zoom (Meeting ID: 894 4982 2380).  To register to speak, fill out a Hearing Appearance form and email it to Adam DeWeese, Public Water Supply Section Chief at the DNR.

 

 

 

The Assembly Committee on Energy and Utilities held a hearing on Assembly Bill 300 and Assembly Bill 302 on Tuesday and has scheduled an executive session to vote on both measures for Thursday, June 3at 10:00 AM in Room 225 Northwest. 

 

AB 300/SB 316 gives the Public Service Commission a certain number of days to act on and open a proceeding for water public utility applications for certificates of authority and approvals of private lead service line financial assistance programs. The League of Wisconsin Municipalities, MEG Water Division and the Wisconsin Rural Water Association wrote in support of the legislation. “This bill would provide applicants with 1) clear direction on what additional information is needed for the PSC to determine an application is complete, and 2) more certainty regarding when a decision on an application will be issued.”

 

AB 302/SB 315, as amended by a Substitute Amendment, exempts all water meter replacement projects from the PSC certificate of authority process. The three organizations also filed comments supporting this measure, saying “Revising this bureaucratic requirement will reduce the cost and red tape involved in installing upgraded water meters that more accurately measure water usage, reduce labor costs associated with meter reading, and streamline utility operations.”

The DNR held a listening session on May 19 via Zoom to update residents on the investigation into PFAS contamination in the area. More information on the meeting, including the agenda, a presentation PDF, and videos of the zoom meeting are online. 

 

The next listening session is scheduled for July 21 at noon and 6:00 pm via Zoom. To learn more, email Bridget Kelly, or call her at 608-440-0448.

 

The 2021 Washington D. C. Fly-In, now a “Zoom-In,” is taking place between April 19 and 30.In previous years, visits from an AWWA section delegation have been coordinated so that each Member of Congress gets a single visit from a section delegation. AWWA is coordinating the same thing in a Zoom format. Keith Donner, Village of Weston, is coordinating the group and will send the Fly-In Registration Link to interested members. Use the blue button at right to email him and put “Fly-In” on the email subject line.

 

Email Keith as soon as possible to let him know which federal elected official you would like to meet with and when from April 19th through the 30th you would be available for a meeting. A virtual meeting for the Wisconsin Delegation will be set up soon, maybe as early as next week. If you’re not sure who represents you in Congress go here.

 

 

The Public Service Commission met yesterday and voted unanimously to lift the moratorium on utility disconnections as of April 15. The drop in COVID-19 cases, the widespread availability of vaccinations, the extension of unemployment benefits and, as Commissioner Ellen Nowak put it, the “enormous influx of federal dollars coming to provide assistance for individuals that need help with energy, rent, etc.” all contributed to the decision to end the moratorium.

 

Over the last year, the Public Service Commission (PSC) has issued several orders prohibiting utilities from disconnecting or refusing service due to nonpayment. The Commission acted then because it determined that “the risk posed to residential customers and their communities of removing those customers’ access to the services needed to abide by hygiene standards and 'social distancing' guidelines would be of such a serious nature that continuation of the prohibition on disconnection was necessary to prevent injury to the interests of the people.”

 

With the change in circumstances Chairperson Rebecca Cameron Valcq noted that it was time to restore the ability to disconnect customers for nonpayment. Disconnection “is an important tool for [utilities] to manage customers’ bills,” she said.

 

 

The Department of Natural Resources has issued draft guidance on Facility Start Up: Field Start Up Inspection Checklist/Expectations for Additions/Modifications at Community Systems.This guidance document clarifies expectations of field staff and provides a checklist for start up inspection and authorization of new or modified community water systems for which plan approval has been issued.

 

Submit any comments to Eileen Pierce at DNRDGGuidanceComment@Wisconsin.gov. Her phone number is 608-235-3922.

Actions by the Senate and Assembly have blocked the reinstatement of certain provisions in an emergency rule affecting NR 159 for the remainder of the session. Emergency Board Order WA-06-20(E) pertains to the discharge of PFAS-containing fire fighting foam.

 

On March 16, the Assembly and Senate voted to send Assembly Bill 13 and Senate Bill 34back to committee where no action is expected to be taken for the rest of the session. The bills would have codified an action taken by the Joint Committee for Review of Administrative Rules (JCRAR) early this year.

 

State law requires that the JCRAR introduce legislation codifying any rule provisions it suspends within 30 days. In this case, after introduction, the two bills were referred to the Assembly Committee on State Affairs and the Senate Committee on Labor and Regulatory Reform. Both bills were reported out of committee without a recommendation and scheduled for a vote on the floor on March 16.

On the 16th, instead of voting on the bills, the two chambers sent the bills back to committee where no further action is expected. The move ensures that the suspension of the provisions will remain in place.

 

Those supporting the more narrow version of the rule believe the DNR overstepped the bounds of the statute. Had either chamber passed the bill, it would have gone to the governor for his signature and supporters of the narrow version believe the governor would have vetoed the bill causing the original version of the rule to go into effect. There were insufficient votes to override a veto.

 

The rule no longer includes provisions that 1) make it applicable to materials contaminated with PFAS; 2) require total immobilization, removal or destruction of a contaminant; 3) require notice to be given to state agencies when PFAS-containing foam is used or discharged; 4) provide guidelines for treating PFAS contaminants not incinerated using specific numeric standards or treatment indicator parameter action levels; 5) specify how often wastewater samples should be collected; 6) specify how long samples must be retained.

The Department of Natural Resources has begun a rulemaking (DG-31-20) into setting new contaminant levels for twelve additional PFAS substances. Governor Tony Evers approved the Statement of Scope (SS 030-21) on March 4 and it was published in the Wisconsin Administrative Code on March 15. The rulemaking process must conclude by September 15, 2023.

 

The objective of the proposed rule is to amend ch. NR 809, Wis. Adm. Code, to establish drinking water Maximum Contaminant Levels (MCLs) for 12 Per- and Polyfluoroalkyl substances (PFAS) and combined standards for 4 PFAS.  Establishment of these MCLs is based on recommendations for health-based standards from the Department of Health Services (DHS).  This rulemaking is in addition to rulemaking DG-24-19 (SS 089-19) opened in 2019 concerning the setting of MCLs for certain PFAS, PFOA and PFOS substances.

 

DNR notes that the establishment of these standards by rule is consistent with the objectives of the Environmental Protection Agency’s (EPA’s) Safe Drinking Water Act (Title 40, Chapter 1 Subchapter D Part 141 National Primary Drinking Water Regulations) as well as ch. NR 809.

 

The state would be taking this action ahead of any MCLs for PFAS substances set by the EPA. The DNR explains that while the EPA is taking steps to regulate both PFOA and PFOS and will be providing states and local communities with key information about these substances in the coming months, a national primary drinking water regulation for PFOA and PFOS may not be finalized for three to five years -- longer than it wants to wait.

 

DNR anticipates holding five public hearings in September 2022 in Madison, Rhinelander, Superior, Marinette, and La Crosse and make them available simultaneously via videoconference. For more information, contact Adam DeWeese, (608) 264-9229.

The Department of Natural Resources (DNR) is expanding the sampling area in its investigation into PFAS contamination of well water in the Town of Peshtigo. Most drinking wells in the initial sampling area, located just south of Marinette, were sampled last fall. The DNR is inviting all well owners in the original area plus well owners in the expanded area to have their wells tested. There is no charge for well testing. 

 

According to DNR, “Johnson Controls Inc. and Tyco Fire Products, LP(JCI/Tyco) were identified as responsible parties [for the area’s PFAS contamination.] The DNR directed them to conduct investigations into areas impacted by PFAS contamination in the Marinette and Peshtigo area due to company operations. The DNR is sampling potable wells in the Expanded Site Investigation Area because JCI/Tyco declined to perform the sampling within the area required by Wisconsin law.”

 

The Senate Committee on Natural Resources and Energy held a hearing on March 11 on Senate Bill 156, a bill that would expand the clean sweep program to include collection of certain fire fighting foams. The League of Wisconsin Municipalities and the Wisconsin State Fire Chiefs Association among others submitted statements in support of the bill.

 

Assembly Bill 140, a companion bill, was introduced in the Assembly on March 5.

 

 

 

 

 

 

At its February 24 meeting, the Natural Resources Board will consider approving the Statement of Scope for a Department of Natural Resources (DNR) rulemaking that would enable operator certification exams to be administered online, as opposed to in-person groups, and by a third party, rather than DNR staff.

 

A preliminary public hearing and comment period are both required to be held prior to approving a Statement of Scope. In this case, the hearing was held on February 5 and the comment period closed the same day with eight comments received on the matter. The Wisconsin Rural Water Association and the Racine Water Utility were among those who submitted comments. All commenters were supportive of the rulemaking, but several offered advice or raised concerns that they wanted addressed in the rulemaking process.

 

DNR expects to hold public hearings on the emergency rule in October 2021 and public hearings for the permanent rule in November 2021. Written comments will be accepted at that time.

State-certified operators working for water systems and waterworks, wastewater treatment plants, septage service operations, water and heat exchange well and pump installation services as well as landfills would be affected by the rulemaking. Portions of Wis. Admin. Code chs. NR 114, 146, 520 and 524 would be affected.

 

 

In previous years, visits from an AWWA section delegation have been coordinated so that each Member of Congress gets a single visit from a section delegation. We are hoping to do the same thing with the virtual format.  

 

Keith Donner, Village of Weston is willing to coordinate for the group and will send the Fly-In Registration Link to interested members. Use the blue button at right to email him and put “Fly-In” on the email subject line.

 

If possible, email Keith by March 15 and let him know which federal elected official you would like to meet with and when from April 19th through the 30th you would be available for a meeting. If you’re not sure who represents you in Congress go here.

 

 

The Governor’s Budget Proposal for the 2021-23 fiscal

biennium (Assembly Bill 68/Senate Bill 111)includes provisions related to PFAS contamination, lead service lines, water bill payment assistance to low income households, and more funding to the Public Service Commission (PSC) for water loss training and to upgrade reporting processes. 

 

 

 

 

 

 

The bill creates a general fund appropriation under the environmental improvement program for projects involving forgivable loans to private users of public water systems to cover not more than 50% of the cost to replace lead service lines.

 

 

 

6. The Governor’s Budget Proposal provides funds to the Public Service Commission to establish a water loss control training program for water utilities serving populations of 3,300 or more residents and to modernize the commission's water utility reporting database and enhance the PSC's water utility data reporting compliance review program.