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NR 140 Groundwater Quality Standards Update

As part of a continuing commitment to protect public health and the environment, the DNR periodically updates groundwater quality standards in ch. NR 140, Wis. Adm. Code. Since its establishment in 1985, the Natural Resources Board has approved amendments to NR 140 twelve times in order to revise existing standards, establish new standards and clarify rule language.

About cycles

Under state groundwater law the DNR periodically submits a list of substances to the Wisconsin Department of Health Services (DHS) requesting that they review available toxicologic information and provide recommendations for new and/or revised groundwater standards. These lists submitted to DHS are known as NR 140 "cycle" lists. DHS then prepares a Scientific Support Document for the DNR which describes the information and methodology used to develop each recommended standard.

Recent recommendations

PFAS - In April of 2024, the U.S. Environmental Protection Agency (EPA) finalized federal drinking water standards under the Federal National Primary Drinking Water Regulation (NPDWR) for six Per- and Polyfluorinated Substances (PFAS): PFOA, PFOS, PFNA, PFHxS, HFPO-DA (GenX chemicals) and PFBS.

In May of 2024, the DNR sent a letter to DHS formally requesting that DHS recommend state groundwater quality enforcement standards for the six PFAS. After conducting a review of the six compounds, DHS developed appropriate recommendations for Cycle 12 groundwater quality standards based on statutory requirements. At the end of January 2025, the DNR received a letter from DHS with recommendations for the six PFAS. Following this, the DNR initiated the rulemaking process to establish groundwater standards for six PFAS (Cycle 12).

Rulemaking

Cycle 12 - PFAS (Started in 2025)

The DNR is in the early stage of the rule development and anticipates presenting the scope statement to the Natural Resources Board for approval in the spring of 2025.

Spring 2024

Winter 2025

We are here

PFAS (Started in 2022. Withdrawn in 2025)

The proposed DG-17-22 rule would have amended ch. NR 140, Wis. Adm. Code, to add new public health related groundwater standards for four per- and polyfluoroalkyl substances (PFAS): PFOA, PFOS, HFPO-DA (GenX chemicals) and PFBS.

This rule was withdrawn in February 2025, in light of new DHS recommendations on these four PFAS. The DNR has begun rulemaking based on the updated recommendations. For more information expand the Cycle 12-PFAS field above.

DG-17-22 PFAS rulemaking timeline

Fall 2022/Winter 2023

  
  

Summer 2023

Based on stakeholder feedback, the DNR returned to all four compounds included in the original scope instead of focusing only on two PFAS (i.e., PFOA and PFOS) as discussed at the July stakeholder meeting.

  
  

Fall 2023

  

Winter 2025

The department withdrew scope statement SS 075-22 (Board Order DG-17-22), along with the related final economic impact analysis.

DNR letter to Legislature - February 7, 2025

We are here. 
Rule has been withdrawn.

Cycle 10 - Bacteria (Started in 2022. Approved in 2023)

These changes to the rule were published in the Administrative Register and became effective on Aug. 1, 2023. 

The proposed rule will amend ch. NR 140, Wis. Adm. Code, to replace the existing total coliform bacteria standards with new state groundwater quality standards for Escherichia coli (E. coli) bacteria. The proposed rule will also transition total coliform bacteria from a public health groundwater quality standard to an indicator parameter.

Cycle 10 Bacteria rulemaking timeline

Winter/Spring 2022

Video: Public Hearing

  • NRB scope approval - May 25, 2022
  • Preparation of proposed rule
  • Solicitation of information for economic impact analysis (EIA)
  • EIA public comment period
  • EIA comments
  • Rule approved by governor
  • Legislative review/hearings
  • Rule signed by DNR Secretary
  • Rule published and effective - Aug. 1, 2023
We are here

 

Cycle 11 (Started in 2021. Expired in 2023)

The scope statement expired on Sept. 15, 2023. Any future rulemaking will take place under a new scope statement.

The DNR submitted a list of substances designated "Cycle 11" to DHS in April 2019. DHS responded with recommendations to DNR in November 2020. A plain language summary of each of the compounds in Cycle 11 is available at DHS's Groundwater Standards.

Cycle 11 Rulemaking Timeline

Spring - Fall 2019

Fall 2020

Winter 2020/2021 - present

We are here, scope statement expired
  • Rule drafting
  • Advisory workgroups
  • Preparation of proposed rule
  • Solicitation of information for economic impact analysis
  • Draft of EIA and public hearings
  • Public hearings on proposed rule
  • NRB meeting for adoption
  • Rule approved by governor
  • Legislative review/hearings
  • Rule signed by DNR Secretary
  • Rule published and effective

Cycle 10 (Started in 2019. Not approved in 2022)

On Feb. 23, 2022, the Natural Resources Board considered and did not approve this rule. The scope statement expired on March 3, 2022. Any future rulemaking will take place under a new scope statement. See the Cycle 10 Bacteria tab.

The DNR submitted a list of substances designated "Cycle 10" to DHS in March 2018. DHS responded with recommendations to DNR in June 2019. Based on comments received during the rule public comment period, DHS has made revisions to their recommendations for Cycle 10 groundwater standards. The revisions to the DHS Cycle 10 recommendations are included in their revised scientific support documents below. A plain language summary of each of the compounds in Cycle 10 is available at DHS's Recommended Groundwater Enforcement Standards. The DATCP website contains additional information on the Cycle 10 pesticide compounds.

Cycle 10 rulemaking timeline

Spring 2018

Summer 2019

Fall 2019

Video: 11/12/19 Public Hearing

Jan. 2020 - Winter 2020/2021

  • NRB scope approval
  • Stakeholder group meetings - open to public
  • Preparation of proposed rule
  • Solicitation of information for economic impact analysis (EIA)

Winter 2020 - Spring 2021

Winter 2021

Spring 2022

NRB did not approve rule

Cycle 10 Stakeholder Meetings

Before final consideration by the NRB, there were numerous opportunities for the public to submit feedback about this proposed rule. Below is an archive of the public meetings and materials shared with the public during this rulemaking process.

Meeting date and timeLocationTopicResources
Oct. 14, 2020This meeting was held remotely via Zoom only.
 
Bacteria
Aug. 25, 2020This meeting was held remotely via Zoom only.Pesticides
July 21, 2020This meeting was held remotely via Zoom only.VOCs
June 9, 2020This meeting was held remotely via Zoom only.Metals and metalloids
March 23, 2020This meeting was held remotely via Zoom only, following Governor Evers' order limiting the size of gatherings due to the risk of COVID-19PFAS rules
Feb. 6, 2020Madison
State Natural Resources Building (GEF 2)
Room G09
101 S Webster St
PFAS rules

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 the law.

There is an extensive rulemaking process that the DNR and the Natural Resources Board must follow during a rulemaking effort. Public participation is a critical component of agency rulemaking with numerous opportunities to participate in the process. For permanent rules, the entire process generally takes about 31 months from initiation to effective date of rule revisions.