Wisconsin moves forward with PFAS limits that Trump EPA is rolling back

Efforts to bring Wisconsin’s PFAS regulations in line with contested federal drinking water standards moved forward Wednesday under a rule unanimously approved by the state’s Natural Resources Board.

The rule proposed by the Wisconsin Department of Natural Resources mirrors federal regulations enacted by the Environmental Protection Agency under the Biden administration.

In 2024, 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. And it set limits on a mix of those three and a fourth chemical, PFBS.

But in May, the Trump administration’s EPA proposed to weaken the rule amid a legal challenge brought by water utilities and chemical companies. Now the agency only plans to defend limits for PFOA and PFOS.

Peter Burress, government affairs manager with Wisconsin Conservation Voters, told the board there’s mounting evidence linking PFAS to serious health issues that include cancer, thyroid disease and reduced immune system function.

“We owe it to every Wisconsinite to make progress on this issue as quickly as possible,” Burress said.

State law dictates Wisconsin’s drinking water program may be no less stringent than federal requirements under the Safe Drinking Water Act. Steve Elmore, director of the DNR’s Drinking Water and Groundwater Program, told the board he fears Wisconsin could miss key deadlines and lose its authority to enforce federal environmental regulations if the rule didn’t advance.

But in a memo this month, the EPA encouraged agencies to request an extension for implementing PFAS standards due to its proposed changes.

For now, the Biden-era limits remain in effect, but that could change. Elmore said the EPA plans to issue and finalize a rule to rescind regulations for four PFAS substances by April. However, he argued an anti-backsliding provision under the Safe Drinking Water Act may bar the Trump EPA from rolling back PFAS standards.

NRB chair Bill Smith said he’s convinced the state regulations are beneficial overall. Board member Patty Schachtner, a former Democratic state senator, went a step further on the rule.

“We can delay it, but people at home that are in these systems. … This delay, to me, impacts the health of all the folks that have contaminated water right now,” Shachtner said.

Industry groups have urged the state to hold off on bringing its standards in line with federal PFAS limits, citing ongoing litigation. They include the state’s largest business lobby Wisconsin Manufacturers and Commerce and Wisconsin Paper Council.

They noted water systems would have until 2031 to comply with the standards after EPA proposed extending the deadline in May. Wisconsin has more than 11,000 public water systems, including more than 600 municipal systems.

Jared Walker Smith, an attorney for Madison law firm Boardman & Clark, represents the Municial Environmental Group-Water Division. The group represents the state’s public water utilities.

Smith said MEG Water’s members are committed to providing safe drinking water regardless of whatever standards are passed.

“We certainly hope that the state and the federal government will provide the support to allow our utilities to do the projects and build the facilities and do the treatment where it might be necessary to meet these regulations as quickly as possible,” Smith said.

Gov. Tony Evers, the DNR and GOP lawmakers recently signaled a deal may be within reach to release around $132 million set aside to address PFAS contamination.

Wisconsin’s proposed rule could 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 the proposed PFAS limits would cost the state nothing beyond what’s federally required. But the agency estimates water utilities and businesses would have to spend $26.6 million to implement federal standards in the first year. It would also cost an estimated $12.6 million for 96 public water systems to address PFAS levels above federal limits.

The regulation is subject to approval from Gov. Tony Evers and the Republican-controlled Legislature.