Officials face backlash over controversial water plan: 'Premature and irresponsible'

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Current Developments in PFAS Regulation in Wisconsin

The Wisconsin Department of Natural Resources (WDNR) is currently evaluating whether to raise the state's standards for per- and polyfluoroalkyl substances (PFAS) in public drinking water. This move would align with federal limits set by the United States Environmental Protection Agency (EPA) in 2024. However, these federal standards are currently under legal challenge, leading some stakeholders to argue against adopting them at the state level.

What’s Happening?

Earlier this month, the WDNR held a public hearing to discuss and establish statewide drinking water standards, known as Maximum Contaminant Levels (MCLs). These MCLs define the maximum amount of a contaminant that can be present in drinking water. The state is considering updating its MCLs to match the EPA’s 2024 regulations, which cover six common types of PFAS.

However, in September, the EPA filed a motion in federal court to rescind parts of these standards. A lawsuit was filed by the American Water Works Association and the Association of Metropolitan Water Agencies against the EPA in 2024, arguing that the agency did not follow proper legal procedures when setting the new PFAS limits. The EPA, under the Trump administration, has since agreed with the plaintiffs regarding the inclusion of four specific PFAS chemicals—PFHxS, PFNA, PFBS, and GenX—in the 2024 standards.

Additionally, the EPA announced last spring that it would extend the compliance deadline for water and utility companies from 2029 to 2031. Critics of aligning Wisconsin's standards with the federal guidelines argue that this extension and ongoing litigation make it premature to implement new standards.

Concerns and Opposition

Opponents, including water utilities and chemical companies, believe that implementing new, more stringent standards could lead to significant costs without clear benefits. According to Wisconsin Public Radio, the WDNR estimates that higher standards could cost water utilities and businesses $26.6 million in the first year of implementation. Proponents of stricter limits, however, argue that the long-term health costs of PFAS exposure could far exceed these initial expenses.

Why Safe Drinking Water Matters

Protecting public drinking water is a critical health priority. The EPA has acknowledged that exposure to PFAS may cause adverse health effects, such as reproductive issues, developmental concerns, and certain cancers. PFAS, often referred to as "forever chemicals," are persistent in the environment and do not break down easily. This persistence can lead to generational impacts, with chemicals potentially passing from mother to child and polluting soil and groundwater systems for decades, affecting wildlife and food systems.

What’s Being Done?

The WDNR aims to submit its rule establishing stricter PFAS limits for approval by the Natural Resources Board in January 2026. Once approved, the rule would still need to go through the governor and legislature. Meanwhile, the Natural Resources Defense Council (NRDC) expects the legal briefing regarding the EPA's motion to roll back parts of the 2024 standards to conclude by winter or spring 2026.

Because Wisconsin law requires state standards to be at least as strict as federal ones, advocates for stricter PFAS limits feel a sense of urgency. If the legal challenges succeed, Wisconsin may no longer have an obligation to follow the federal rules. Scientists are also working on innovative solutions to address PFAS contamination, such as developing 3D-printed structures that attract and trap PFAS in water, and experimenting with ultraviolet light to break down these compounds.

Steps Homeowners Can Take

While the future of public drinking water standards remains uncertain, homeowners might consider installing water filters certified to remove PFAS. Efforts are also underway to make this technology more accessible and equitable within communities.

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