SB 772

This bill requires the Department of Natural Resources to establish and enforce

various standards for perfluoroalkyl and polyfluoroalkyl substances (PFAS). The

PFAS group of substances includes several thousand chemicals; two of the most well

known are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).

Under current law, the Department of Health Services recommends

groundwater enforcement standards for substances that have a reasonable

probability of entering the groundwater resources of the state and that are shown to

involve public health concerns, which DNR then proposes as DNR rules in its

rule-making process. This bill requires DNR to create emergency rules establishing

groundwater standards for PFOA and PFOS, as well as any other PFAS for which

DHS submits a recommended groundwater enforcement standard.

In addition, the bill requires DNR to establish surface water quality standards

and maximum contaminant level drinking water standards for any PFAS for which

DHS has submitted a recommended groundwater enforcement standard. DNR must

also establish air emission standards for any known PFAS 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 bill also

requires DNR to consider all PFAS to be air contaminants and to require reporting

of any emission of PFAS.

The bill also provides that DNR 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 PFAS to provide proof of financial responsibility for

remediation and long-term care to address contamination by a potential discharge

of PFAS or environmental pollution that may be caused by a discharge of PFAS. This

financial responsibility requirement does not apply to a municipality, fire

department, fire district, water utility, wastewater utility, or the state.

In addition, the bill requires the University of Wisconsin Board of Regents to

provide a grant to a campus designated by the board to conduct research into

technologies for destroying PFAS.

The bill also creates a PFAS municipal grant program, under which DNR must

provide grants to municipalities to address PFAS contamination when the party

responsible for the contamination is unknown, cannot be found, or is unable to pay

for the activities funded under the grant. DNR may also provide grants to

municipalities that are responsible parties under certain circumstances. Under the

bill, grants provided under this program may be used to investigate potential PFAS

environmental pollution or a potential PFAS discharge, treat or dispose of PFAS fire

fighting foam containers from a municipal site or facility, sample a private water

supply within three miles of a site or facility known to contain PFAS, provide a

temporary emergency water supply, a water treatment system, or bulk water to

replace water contaminated with PFAS, or remediate a PFAS discharge or PFAS