PFAS: NRB To Decide Fate Of Significant Rules In Upcoming Meeting – Environment

The Natural Resources Board of the United States (NRB) was established on February 23, 2022.
Wisconsin Department of Natural Resources will vote
Whether to allow per- or polyfluoroalkyl compounds (PFAS) to exist
Groundwater, surface water, and combined as are all regulated in the state.
Water quality criteria for wastewater permits. A Jefferson County Circuit Court recently
DNR has the authority to test for PFAS in any wastewater
Permitted facility, a key missing piece to regulate
These proposed regulations will address certain PFAS in Wisconsin
rules.

TheAgenda for the February 2022 NRB meetingIncludes
Three proposed rules for two of the most studied PFAS
analytes: perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic
Acid (PFOA).

• Groundwater quality standardsDNR draft
  Rule DG-15-19 provides numerical standards for minimizing the impact of the
  Groundwater concentrations of polluting substances under Wis
  Admin. Code chapter NR 140 is based on the recommendations of the
  The Wisconsin Department of Health Services has toxicologists.
  This would allow for the establishment of an enforcement standard (ES).
  This is20 parts per trillion(ppt).
  Preventive action limit (PAL), 2 ppt, for PFOA/PFOS
  Both individually and as a combination of values.
• Standards for drinking water DNR draft rule
  DG-24-19 proposes to set the highest level of a contaminant
  Is allowed in drinking waters, also known as maximum contamination.
  Levels (MCLs), for PFOA/PFOS under Wis. Admin. Code chapter NR
  809. The proposed MCL is20 pptPFOA
  PFOS in its entirety and as a combination value.
• Quality criteria for surface waterDNR draft
  rule WY23-19 proposes amendments to chapters NR105-106 and 219
  As well as using accepted analytical methods, you can add values or limits.
  PFOA/PFOS should be addressed in the Wisconsin Pollutant Discharge
  Elimination System (WPDES) permitting program. The proposed surface
  The water threshold for PFOS (hydrolysis threshold) is8ppt. The
  Proposed threshold for PFOA in surface water that is used as
  Public water supplies are22 ppt. The proposed
  All other surface waters must meet the same threshold as PFOA95
  ppt.

CONTAINING BROWNFIELDS: ADDITIONAL CONTAMINANTS
REDEVELOPMENT

The main attraction is the proposed rules for PFAS.
Brownfields redevelopment stakeholders should also follow these guidelines
Proposed changes to chapter NR140 for other analytes commonly
found in contaminated properties. DNR rule DG-15-19 also adds a ES
Hexavalent chromium at a 70 ng/L, raises the ES
Tetrachloroethylene, (PCE) at 20 ug/L lowers the ES
Trichloroethylene (TCE), lowers the ES to 0.5 ug/L
1,4-Dioxane up to 0.35 ug/L TCE and PCE can be used as industrial solvents.
Groundwater contamination is common.

ENVIRONMENTAL RULE MAKING IN WISCONSIN: FIRST HUDLE IS NRB
APPROVAL

DNR has been working to develop these proposed rules since October 2019.
After NRB approved each rule’s scope statement, Therefore,
The DNR has to be in place by April 2022, or until the respective scopes are reached.
statements expire. These statements can be rejected or approved by the NRB.
rule proposals pertaining PFAS. Rejected Rules are No Longer
A new scope statement must be drafted and considered for adoption
(The 30-month rule drafting process is being re-started
Process). The rule is sent to NRB once it has been approved.
Governor Evers for approval pursuant to Wis. Stat. 227.185
The Legislature under Wis. Stat. 227.19 to final
approval and promulgation in Administrative Code.

ENVIRONMENTAL RULEMAKING IN WISSIN: LARGER OBSTACLES
AHEAD

Even if Governor Evers and NRB approve the rules, they are still subject to change.
Joint Committee for Review of Administrative Procedures of the Legislature
Rules (JCRAR), which allows for a public hearing and a vote to suspend indefinitely rulemaking under powers, may be convened.
2017 Wisconsin Act 57 is now the Wisconsin Regulations
The Executive in Need of Scrutiny Act, (REINS Act). The
JCRAR was also allowed to contract under the REINS Act.
Third party to perform an independent economic impact analysis
(EIA), after approval by NRB. JCRAR may reject the EIA if it is found.
Prepared by DNR in rulemaking or third-party EIA
Implementation and compliance costs that exceed $10 are the result.
Businesses and local governments will receive millions over a two year period.
They can suspend the rule for individuals or groups. This suspension could be
Only a law passed by the Legislature can be lifted
Authorization of the rule or if DNR modifies and/or authorizes the rule and subsequent EIA
It will still be under the $10 Million threshold. DNR will not have
Opportunity to revise EIA for any one of these proposed rules
Before the expiration date of the scope statements, April 2022.

IMMINENT FEDERAL REGULATIONS FOR PFAS

If approved, the proposed Wisconsin administrative regulations
Wisconsin would only address certain PFAS if it was promulgated.
The federal response, which is slow-moving, is slightly ahead. In March 2022
theUnited States Environmental Protection Agency
The EPA intends to classify PFOA/PFOS as a “hazardous” substance.
substance” under the Comprehensive Environmental Response
A draft rule describing the Compensation and Liability Act (CERCLA).
Expected final rule in Summer 2023 According to the EPA roadmap, they
Also, a drinking water MCL is being considered for PFOS.
PFOA by fall 2022; final MCL by autumn 2023. The current EPA
Drinking water regulation is a recommendation, but it is not enforceable.
70 ppt lifetime health-based advisory level for PFOA
PFOS.

This article is meant to be a guide.
guide to the subject matter Expert advice should be sought
Discuss your particular circumstances.