January 27, 2020 | Number 49
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Update on PFAS: Regulations Moving in Legislature and DNR
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Regulation of PFAS chemicals continues to develop in the Wisconsin Legislature and state agencies. Last week the Legislature passed a bill regulating the use of PFAS-containing firefighting foams. New compromise legislation regulating PFAS was introduced last week and more bills are being drafted. Meanwhile, the Department of Natural Resources (DNR) proposed rulemaking on PFAS has been approved by the DNR Board.
PFAS (per- and polyfluoroalkyl substances) are man-made chemicals found in many everyday products, including nonstick pans, cleaning products, paints, and firefighting foam. The most extensively studied PFAS compounds are PFOA and PFOS, which have been phased out of domestic manufacturing over the past decade. Studies have shown these chemicals have negative health effects, but it is unclear at what level they are harmful. These chemicals have been found in ground water, surface water, and drinking water in several locations around the state. Elimination of these chemicals from water and wastewater is difficult and expensive.
DNR Rulemaking
The Wisconsin Department of Natural Resources (DNR) Board voted on Jan. 22 to approve three scope statements under which DNR can regulate PFAS chemicals in ground, surface, and drinking water. The League, as a member of the Municipal Water Coalition, is working collaboratively with the Department on these rules. We submitted comments requesting that any PFAS water quality standards be science based, and developed using the same process the federal EPA uses to establish standards for drinking water contaminants; taking into account the cost of compliance, technical feasibility, and health benefits of a proposed numeric standard. DNR intends to follow the federal process in the PFAS rulemaking.
Read the League's comments on PFAS drinking water standards
here.
Approval of the scope statements now allows DNR to move forward with the rulemaking process. Next, DNR will draft rule text and prepare an economic impact analysis. Under Wisconsin’s rulemaking statutes, DNR cannot promulgate a rule with an economic impact of over $10 million without legislative approval.
Legislation
Both the Senate and Assembly recently voted on a bipartisan basis to pass
AB 323/SB 310, which would prohibit fire departments from using firefighting foams containing PFAS in training, unless the testing facility has appropriate containment and treatment measures. The bill now heads to the governor’s desk for his signature. The League supports this bill.
Other PFAS legislation working its way through the process includes:
- AB 792/SB 717, expanding the clean sweep program to include collection of fire fighting foams containing PFAS and appropriating $250,000 to help communities cover the cost of disposing and clean-up. The League supports this bill.
- AB 843, requiring 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. The emergency rules may last up to three years. Also creates a PFAS municipal grant program. The League supports parts of this bill, but has concerns about other aspects.
Wisconsin PFAS Advisory Council (WisPAC)
In accordance with Executive Order 40, issued by Gov. Tony Evers in August 2019, Wisconsin state agencies convened the
Wisconsin PFAS Action Council (WisPAC). The executive order directs the council to develop an action plan, develop public education protocols, identify sources, develop treatment protocols, collaborate with academic institutions on research, and explore avenues for funding. The action plan is due to the governor and Legislature by July 1.
WisPAC has met twice so far. WisPAC has decided to model its organizational structure after a similar council in Connecticut. WisPAC will make recommendations under four proposed focus areas:
- Preventing future discharges and exposures.
- Inventory and minimization of current PFAS exposures
- Identifying and addressing historic or legacy PFAS discharges and exposures.
- Educating and communicating about the risks associated with PFAS.
WisPAC has created two sub-advisory groups: one on local government and a second citizen group, which will include industry and stakeholder groups. The advisory groups will meet in February, March, and April. WisPAC will also send out a survey to the general public to solicit feedback on PFAS.
The next WisPAC meeting is scheduled for Feb. 20.
Local Government Advisory Sub Group. The first meeting of WisPAC's local government sub-advisory group is February 12 from 9-noon. The meeting is open to the public and will be held in Madison at the DNR office building, GEF 2, in room G09
. The local government sub-advisory group is co-chaired by Lawrie Kobza, representing MEG-Water; Paul Kent, representing MEG -Wastewater; and John Dickert, representing the Department of Revenue.
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IN THE NEWS
Connecting a community and promoting civility with a free meal in Endeavor
Young and old from throughout the socioeconomic spectrum show up. The intent of the gatherings on the last Wednesday of each month is about civility, community and togetherness. And, for the past six years, organizers of what is billed as the Sharing Supper believe their efforts have gone a long way in making this Marquette County village just north of Portage a better place to live.
Last week, for the January event, about 160 people from around the area communed at cafeteria tables in the gymnasium of Endeavor Elementary School, where they caught up and reminisced in between bites of the free meal. That’s a typical turnout, but remember: The village’s population is just north of 450 people.
Read the article...
Bill in the works to set later bar time during Democratic convention includes wedding barn measures
The language, which would allow southern and southeastern Wisconsin restaurants and bars to operate under extended hours from July 13-17 if municipalities sign off, has been discussed since last spring, after Milwaukee was selected as the host of this year’s convention.
But in addition to lengthening hours in more than a dozen counties — including Dane, Milwaukee, Kenosha and Racine — preliminary legislation also aims to require that wedding barns be licensed by the state, hours of operation at small breweries get cut, and alcohol permits be granted for State Fair Park and Road America.
Read the story...
Wisconsin Lawmakers Introduce Sweeping PFAS Pollution Bill
Two northeastern Wisconsin lawmakers introduced sweeping legislation Thursday designed to curb water and air pollution from man-made chemicals known as PFAS.
Rep. John Nygren, a Marinette Republican, and Sen. Dave Hansen, a Green Bay Democrat, have been working on the package for months in a rare display of bipartisanship on a major issue in Madison's toxic political world.
Each lawmaker's district includes both the Marinette and Peshtigo areas, which have been hard hit with PFAS pollution believed to have originated from firefighting foam.
Read the story...
Waterford, Racine voice opposition to laws limiting tax incentives
Waterford Village Administrator Zeke Jackson understands the reasoning behind the proposed law — limiting unnecessary spending of taxpayer dollars — but thinks this proposal goes too far. By limiting tax incentives, rural communities would be at an even greater disadvantage when it comes to expanding business, Jackson said.
The Waterford Village Board unanimously approved a resolution opposing the bill on Jan. 13. The League of Wisconsin Municipalities also opposes the bill "for the same reasons Waterford opposes it," League of Wisconsin Municipalities Deputy Director Curt Witynski said in an email.
Read the story...
LocalGovMatters 2.0 Podcast
The Year Ahead:
Jerry Deschane, the League's Executive Director, and Mark O'Connell, the Wisconsin Counties Association Executive Director, discuss politics, rankings, debate the start of the new decade and more on the first LocalGovMatters Podcast. Comment on this first podcast on the
League's Facebook page here
.
The MLS Grant Program and All Things Transportation:
WisDOT Secretary Craig Thompson is our guest. Comment on the second LocalGovMatters podcast on the
League's Facebook page here
.
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RECENTLY INTRODUCED BILLS
AB 823,
Law Enforcement Community Relations Grants. Requires the Department of Justice to award grants of up to $5,000,000 in the 2019-21 fiscal biennium to counties or municipalities in which at least 10 percent of the population is composed of minorities, which are defined as persons who are Black, Hispanic, American Indian, Eskimo, Aleut, native Hawaiian, Asian-Indian, or of Asian-Pacific origin. The grants are to improve relations between law enforcement and the community. By Rep. Crowley (D-Milwaukee).
The League has not yet taken a position on this bill.
Comment to the League about this bill.
AB 834/
SB 741,
Public notice of noncandidacy for incumbent local elected officials. Under current law, there is no public notice requirement when an incumbent local elected official whose office is up for election either files a notification of noncandidacy or fails to file a notification of candidacy within a specified time frame. Under this bill, if such an incumbent files a notification of noncandidacy or fails to file a notification of candidacy, that fact and relevant information about the office must be posted on the Internet and, if time permits, published one time in a local newspaper. The bill's public notice requirement applies to the clerk or other officer or body with whom current law requires a notice of candidacy to be filed for a particular office. By Rep. Ramthun (R-Campbellsport) and Sen. Streobel (R-Saukville).
The League has not yet taken a position on this bill.
Comment to the League about this bill.
AB 843,
PFAS Regulations and Municipal Grant Programs. This bill does the following:
---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. The emergency rules may last up to three years.
---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.
---Requires DNR to 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.
---Requires DNR to consider all PFAS to be air contaminants and to require reporting of any emission of PFAS.
---Allows DNR, if 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.
---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.
By Rep. Nygren (R-Marinette) and Sen. Hansen (R-Green Bay)
The League supports features of this bill, such as the grant program, but has concerns about other aspects of the bill.
Comment to the League about this bill.
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PUBLIC HEARINGS ON MUNICIPAL BILLS
AB 797,
Prohibiting the sale and use of coal tar-based sealants and high PAH sealant products. By Assembly Committee on Transportation, Tuesday, February 4, at 9:30 a.m. in room 412 East.
The League supports this bill.
AB 721,
The regulation of nonconforming buildings in a floodplain. By Assembly Committee on Housing and Real Estate, on Thursday, February 6, at 11:00 a.m. in room 415 Northwest.
The League supports this bill.
SB 624,
Prohibiting an assessor from changing the valuation of property based solely on a recent sale of the property. By Senate Committee on Agriculture, Revenue and Financial Institutions, on Thursday, February 6, at 10:30 a.m in room 330 Southwest.
The League switched from oppose to neutral as a result of of an amendment addressing our concerns.
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