Wisconsin Moves to Bring PFAS Limits In Line with Contested Federal Standards

Water stored in a closet near Margie Walker and Jim Boisen’s kitchen in their French Island home Friday, Feb. 21, 2025. Angela Major/WPR

Environmental advocates are urging state regulators to bring Wisconsin’s PFAS standards in line with federal drinking water standards despite an ongoing legal challenge to the federal rules.

The Wisconsin Department of Natural Resources held a public hearing Thursday on its proposed rule to mirror PFAS standards set by the Environmental Protection Agency last year.

The EPA issued a rule that set individual limits for two of the most commonly studied chemicals, PFOA and PFOS, at 4 parts per trillion. The agency also set standards at 10 parts per trillion for three other chemicals: PFNA, PFHxS and GenX chemicals. And it set a limit on a mix of four PFAS substances.

However, water utilities and chemical companies are challenging those limits in federal court. In a court filing last month, the EPA moved to roll back parts of the rule. The agency said it would not defend individual limits for PFNA, PFHxS and GenX chemicals or a mixture of those three and a fourth chemical, PFBS.

The DNR must continue to implement federal environmental standards regardless of litigation, said Dan Gustafson, senior staff attorney for Midwest Environmental Advocates, and it cannot allow the legal challenges to delay action.

“(That) would risk leaving vital public health protections like those established by this rule in limbo to the detriment of the communities these rules are designed to safeguard,” Gustafson said.

State law dictates Wisconsin’s drinking water program may be no less stringent than federal requirements under the Safe Drinking Water Act, said David Strifling, director of the Water Law and Policy Initiative at Marquette University Law School. However, he noted, litigation could change that.

“If the challenge is successful, then obviously there would be no obligation for Wisconsin to comply with the (federal) rule because the rule wouldn’t exist anymore,” Strifling said.

For now, EPA standards remain in effect. In comments to the DNR, industry groups have urged the agency to avoid rushing to bring state standards in line with federal PFAS limits. The groups include the Wisconsin Paper Council, Wisconsin Manufacturers and Commerce and the Midwest Food Products Association.

“It’s premature and irresponsible for the DNR to replace our current PFAS drinking water standards with new, costlier federal standards that could change due to litigation or administrative action by the EPA,” said Scott Manley, executive vice president of government relations for WMC.

Industry groups said water systems would have until 2031 to comply with the standards after EPA announced plans to extend the deadline. They argue that means there is plenty of time for the DNR to see litigation play out and complete rulemaking after the legal challenge is resolved.

New PFAS limits may trigger legislative approval under state law

At the same time, Wisconsin’s proposed rule will likely trigger legislative review under a state law known as the REINS Act. That law requires legislative approval for regulations that may cost more than $10 million over any two-year period.

In an economic impact analysis, the DNR said its proposed limits would cost the state nothing beyond what’s federally required. Even so, the agency estimated it may cost water utilities and businesses $26.6 million to implement federal standards in the first year, which includes the cost for 96 public water systems to address PFAS levels above those limits.

The EPA could take enforcement action against Wisconsin if the Legislature decides not to approve the rule or comply with federal standards, said Steph Tai, an environmental law professor at the University of Wisconsin-Madison.

“They could initiate what’s called an administrative order to tell the state to comply, or they could do a civil action against the state,” Tai said.

Strifling added the EPA could offer water systems assistance with compliance, independently enforce federal standards in Wisconsin or revoke the state’s ability to enforce federal regulations in Wisconsin under the Safe Drinking Water Act.

While the fate of federal PFAS standards remains uncertain, environmental advocates including Hannah Richerson, clean water manager for Clean Wisconsin, highlight that the DNR’s rule is more protective of public health.

“Evidence suggests that exposure to PFAs compounds, even at low levels, may lead to adverse health outcomes, including thyroid disease, liver damage, kidney and testicular cancer, reduced response to vaccines, lower birth rates, delayed organ development and increased cholesterol levels,” Richerson said.

Peter Burress, government affairs manager with Wisconsin Conservation Voters, noted a study in recent years found Americans may spend as much as $62.6 billion on health-related expenses tied to PFAS contamination. For Wisconsin, he said that could mean more than $1 billion in health costs annually.

The DNR wants to submit the rule to the Natural Resources Board for approval in January. The regulation is subject to approval from Gov. Tony Evers and the Legislature.

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Wisconsin moves to bring PFAS limits in line with contested federal standards was originally published by Wisconsin Public Radio.