On Wednesday, the Natural Resources Board (NRB) took action on some of the strongest water protections we have seen. The results of the Board meeting were a mixed bag. The majority of the members split their vote on three crucial rules to regulate PFAS contamination in Wisconsin groundwater, drinking water and surface water.
Throughout the years-long processes for each of these three rules, Wisconsin residents have spoken up time and again, bringing attention to the fact that many communities are suffering from PFAS contamination and demanding action.
As a reminder, PFAS (polyfluoroalkyl substances) are a family of thousands of synthetic chemicals used in manufacturing certain stain-resistant carpets and fabrics (think Scotchgard, old formula), certain non-stick cookware (formerly used in Teflon), fire-fighting foam and some fast-food packaging. Because the carbon-fluorine bonds in PFAS are very strong, they do not break down in the environment; their persistence earns them the term, "forever chemicals." They are found in water bodies, and in the fish that live in them
When PFAS are spread via treated manure (sewage sludge) onto farm fields and grazing lands, they enter the food chain by becoming incorporated into the crops and grasses, where they are eaten by the grazers. Then they are passed on to higher order omnivores and carnivores, including humans, where they accumulate over a lifetime. Studies are still underway, but PFAs have been linked to a number of health conditions, including thyroid and heart issues, and various cancers.
Here’s what happened with the rules: (you can watch the hearing here)
- Surface Water Restrictions (PASSED 7-1)- This rule would set limits for the amount of PFAS/PFOA that is allowed in surface water. Though most people don’t get their water from surface water, this will protect people who consume fish, as it will reduce the amount of PFAS/PFOA that fish could consume.
- Drinking water limits (PASSED 6-1 as amended; West voting no; Amendment passed 4-3 with Bruins, Kazmierski, Hilgenberg, and Prehn supporting) -
After testing soils, water, fish and terrestrial wildlife, the Wisconsin Department of Natural Resources (WDNR) recommended a health standard of 20 parts per trillion (ppt).
The Department of Health representative that spoke at the hearing said the Biden Administration is working on a rule that they have said should be a number near zero. However, the NRB members voted to increase the amount of pollution allowed in our drinking water to 70ppt.
Given that we currently have no rules, this is better than nothing, but the NRB really missed an opportunity to protect our health. This also means that communities will start testing their water. Therefore, we’ll have an understanding of the lay of the land when more thoughtful decisions prevail and standards are lower.
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Groundwater standards (FAILED 3-3-1; Bruins, Kazmierski, Prehn opposed; Adams, Smith, West supported; Hilgenberg abstained) - Ironically, the one rule that Wisconsin has the unique authority to regulate (the federal government doesn’t set groundwater standards) is the groundwater rule and the NRB voted not to allow the rule to move forward.
Most municipalities in Wisconsin get their water from groundwaters, so this is a big source that is going unprotected.
The most horrendous thing we saw was the discussion that led up to the rule votes. After hours of testimony from Wisconsinites, it was clear that the science and growing field of research around PFAS and their health impacts was being ignored in favor of the concerns of business groups such as Wisconsin Manufacturers and Commerce, who are willing to sacrifice public health for profit. One board member, in reference to the clear science presented by the DNR staff versus the information provided by industry groups, asked, “who’s truth are we supposed to believe today?”
Here are some highlights/lowlights from the meeting:
- DNR Secretary Preston Cole set the debate, calling the day, ‘historic,’. “Today is historical in nature. These types of rules that come before us that protect human health that come before boards and legislatures to be signed….the deliberations around these are often controversial in nature and so today’s conversation will continue to respect order and voices of individuals but you have to put a stake in the ground today because it’s historical.”
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Wausau Mayor Katie Rosenberg describes what it was like to discover PFAS in Wasau’s water. “I have mothers calling my office asking if their babies are going to die if they drink their water…We need clear guidelines…yesterday. I don’t want any other municipality or any human being to go through what we’re going through right now.”
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NRB member Fred Prehn’s response was to ridicule her for testing their water for PFAS and accused her of causing ‘hysteria’:
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Marcy West demonstrated that not all the Board members reject the notion that Wisconsinites' health matter more than polluters. She reminded us, “In the good old days Wisconsin used to be a leader in setting standards and environmental protections for our residents.”
We want to applaud Sharon Adams, Bill Smith, Marcy West, and DNR Secretary Preston Cole for their consistent support of the health of Wisconsinites. They demonstrated the values that we’ve always had here in Wisconsin. We were shocked by some of the statements made by Greg Kazmierski and Fred Prehn. This is another example of why Fred Prehn’s refusal to leave the board, after his term expired, is undermining sound natural resources-based policies in Wisconsin.
In response, Sierra Club Chapter Director Elizabeth Ward released the following statement:
“It is incredibly disappointing that the members of Wisconsin’s Natural Resources Board rejected science and the importance of public health. Today, the majority of the Board chose polluters over residents of the state. The way the majority of the board downplayed the importance of public health, science and the urgency of this issue was outrageous.
Testimony from Wisconsinites describing their concerns and personal stories, including those with contaminated water, the Board decided to reject protections for those residents.
There was a silver lining, however. Though the Board missed a critical opportunity to protect Wisconsinites, they did allow one of the rules to move forward in its entirety and a watered-down drinking water rule to move forward. At the very least, this will require water testing and give residents information about the nature of these chemicals in their water supplies.”
What happens next?
Now, the two rules that passed will move forward and be voted on by the Legislature’s Joint Committee for Review of Administrative Rules before it becomes law. Stay tuned!