SB 34

Current law prohibits the use or discharge of fire fighting foam that contains

perfluoroalkyl or polyfluoroalkyl substances (PFAS) unless the use or discharge is

part of an emergency fire fighting or fire prevention operation or if the use is for

testing purposes as long as the testing facility has implemented appropriate

containment, treatment, and disposal or storage measures to prevent discharge of

the foam to the environment. Appropriate containment, treatment, and disposal or

storage measures may not include discharging the foam into a storm or sanitary

sewer. Current law requires the Department of Natural Resources to promulgate

rules to administer these requirements and prohibitions, including to determine

appropriate containment, treatment, and disposal or storage measures for testing

facilities.

This bill prohibits DNR from promulgating a rule that does any of the following:

1. Applies to materials that are contaminated with PFAS-containing foam.

2. Defines “treatment” as requiring the total immobilization, removal, or

destruction of a contaminant.

3. Requires any notice of use or discharge of PFAS-containing foam to be given

as provided under ch. 292, stats., or any rule promulgated under ch. 292, stats.

4. For a person treating PFAS-containing foam by a method other than

incineration or thermal destruction: specifies numerical standards or treatment

indicator parameter action levels; specifies a frequency for collecting wastewater

samples; or specifies a retention period for PFAS sample results.

The bill is introduced as required by s. 227.26 (2) (f), stats., in support of the

action of the Joint Committee for Review of Administrative Rules in partially

suspending DNR emergency rule 2045 on December 18, 2020. Emergency rule 2045

went into effect on December 4, 2020, and contains the provisions listed above.