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Federal PFAS Maximum Contaminant Levels

NR 809 SAFE DRINKING WATER STANDARDS UPDATE

Federal PFAS Maximum Contaminant Levels (MCLs) for drinking water

The state's safe drinking water code NR 809 will be revised to include federal PFAS maximum contaminant levels (MCLs), technical edits and updates to lead and copper.

The final federal PFAS standards are as follows:

Chemical Maximum contaminant levels goals (MCLG) Maximum contaminant level (MCL)
PFOA 0 ppt 4.0 ppt
PFOS 0 ppt 4.0 ppt
PFHxS 10 ppt 10 ppt
HFPO-DA (GenX chemicals) 10 ppt 10 ppt
PFNA 10 ppt 10 ppt
Mixture of two or more: PFHxS, PFNA, HFPO-DA and PFBS  Hazard index of 1 Hazard index of 1

Rulemaking timeline

Federal PFAS MCLs Rulemaking Timeline

Summer 2024
  • Statement of Scope
We are here
Fall 2024
  • Natural Resources Board (NRB) authorization to hold public hearing on scope statement
  • Public hearing on scope statement
Winter 2024/2025
  • NRB scope approval
  • Begin rule drafting
  • Advisory workgroups
  • Stakeholder group meetings
Spring/Summer 2025
  • Preparation of proposed rule
  • Solicitation of information for economic impact analysis (EIA)
Fall 2025
  • Public hearing on the proposed rule
Winter 2025/2026
  • NRB meeting for adoption
  • Rule approved by the governor
  • Legislative review
Spring 2026
  • Rule signed by DNR Secretary
Summer 2026
  • Rule becomes effective

Rulemaking procedures

Rule change process, public input and timeline

The DNR creates and revises administrative rules to implement statutes enacted by the Wisconsin State Legislature [exit DNR]. Administrative rules have the full force and effect of law.

Rulemaking is an extensive process and there are many internal steps [PDF] that the DNR and the NRB must follow during a rulemaking effort. Public participation is a critical component of agency rulemaking. There are numerous opportunities to participate in the DNR rulemaking process. For permanent rules, the entire process generally takes about 31 months from initiation to effective date of rule revisions.

Stakeholder meetings

Stakeholder meetings

There will be multiple opportunities for stakeholder input at public meetings yet to be scheduled. Notifications will be sent out via GovDelivery and links to these meetings will be on this webpage when available.

Resources

Resources

Wisconsin Department of Health Services - PFAS Chemical Information

PFAS are a group of human-made chemicals that have been used since the 1950s; PFOA and PFOS are the most widely produced and studied of these chemicals. These compounds may still be found in everyday consumer products, such as some grease-resistant paper, nonstick cookware, stain-resistant fabrics, cleaning products and other personal care products, like shampoo and nail polish.

EPA - PFAS Explained

PFAS are widely used, long-lasting chemicals which break down very slowly over time. Because of their widespread use and their persistence in the environment, many PFAS are found in the blood of people and animals all over the world and are present at low levels in a variety of food products and in the environment.

They can be present in our water, soil, air and food as well as in materials found in our homes or workplaces, including:

  • Drinking water – in public drinking water systems and private drinking water wells.
  • Soil and water at or near waste sites – at landfills, disposal sites and hazardous waste sites such as those that fall under the federal Superfund and Resource Conservation and Recovery Act programs.
  • Fire extinguishing foam – in aqueous film-forming foams used to extinguish flammable liquid-based fires. Such foams are used in training and emergency response events at airports, shipyards, military bases, firefighting training facilities, chemical plants and refineries.
  • Manufacturing or chemical production facilities that produce or use PFAS – for example, at chrome plating, electronics and certain textile and paper manufacturers.
  • Food – for example, fish caught from water contaminated by PFAS and dairy products from livestock exposed to PFAS.
  • Food packaging – for example, in grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes and candy wrappers.
  • Household products and dust – for example, in stain and water-repellent used on carpets, upholstery, clothing and other fabrics; cleaning products; non-stick cookware; paints, varnishes and sealants.
  • Personal care products – for example, in certain shampoo, dental floss and cosmetics.
  • Biosolids – for example, fertilizer from wastewater treatment plants used on agricultural lands can affect ground and surface water and animals that graze on the land.

EPA - Human Health and Environmental Risks of PFAS

Wisconsin Certified PFAS Labs

The following list of labs is certified by the State of Wisconsin to analyze PFAS compounds for the requirements of this new regulation: Labs approved for testing.

EPA Approved PFAS Labs

The following list of labs is approved by the EPA to analyze PFAS compounds using the EPA's testing methods. These labs are acceptable to use for the requirements of this new regulation: Labs approved for testing.