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Contact information
For information on NR 105 rulemaking process, contact:
Meghan Williams
Environmental toxicologist

NR 105 rule changes

Scope statement

WY-23-19: Revision of chapters NR 105, NR 106, NR 219 and other related regulations to add surface water quality criteria and analytical methods for PFAS and to revise the WPDES permitting program to implement the new criteria.

As part of the effort to protect surface water and public health across Wisconsin, the DNR plans to work with key public and industry stakeholders, state agencies, the state Legislature, the governor and the general public to update ch. NR 105, Wis. Adm. Code.

Background

Poly- and perfluoroalkyl substances (PFAS) are human-made, organic compounds that have been manufactured for use in non-stick coatings, waterproof fabrics, firefighting foams, food packaging and many other applications since the 1940s. PFAS are highly resistant to degradation and have been detected globally in water, sediment and wildlife. This global distribution is of concern as PFAS have documented toxicity to animals and because epidemiological studies have suggested probable links to several human health effects.

In Wisconsin, PFAS have been detected in drinking and surface water near spill locations and near sources of industrial or manufacturing use. The DNR seeks to protect humans from the adverse effects of PFAS resulting from contact with or ingestion of surface waters of the state and from ingestion of fish taken from surface waters of the state by creating human health surface water quality criteria for perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), as well as any other PFAS which the department determines may be harmful to human health, in ch. NR 105, Wis. Adm. Code.

Economic impact analysis

The rulemaking requirement to prepare an economic impact analysis (EIA) and solicit information for its preparation was part of 2011 Wisconsin Act 21. An EIA must be prepared for every permanent proposed rule before the Natural Resources Board can authorize public hearings on the rules, per s. 227.137, Wis. Stats. The analysis must include information on the economic effect of the proposed rule on specific businesses, business sectors, public utility ratepayers, local governmental units and the state's economy as a whole.

Timeline

NR 105 rulemaking timeline


Summer 2019
Fall 2019
  • Natural Resources Board (NRB) authorization to hold public hearing on scope statement
  • Public hearing on scope statement

Video: 11/12/19 Public Hearing

PFAS Scope Comments (preliminary public comment period closed 11/11/19)

(We are here)
Winter 2020
  • NRB scope approval
  • Begin rule drafting
  • Advisory workgroups
Winter 2021
  • Preparation of proposed rule
  • Solicitation of information for economic impact analysis (EIA)
  • Draft EIA
Summer 2021
  • Public hearings on proposed rule
Winter 2021/2022
  • NRB meeting for adoption
  • Rule approved by governor
  • Legislative review
Spring 2022
  • Rule signed by DNR Secretary
Summer 2022
  • 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. Administrative rules have the full force and effect of law.

Public participation is a critical component of agency rulemaking. There are numerous opportunities to participate in the DNR rulemaking process. There are many internal steps that the DNR and the Natural Resources Board (NRB) must go through during the rule promulgation process. For permanent rules, the entire process generally takes about 31 months from initiation to promulgation.

Stakeholder meetings

Stakeholder meetings

Given the amount of public interest in this effort and its potential economic impacts, DNR anticipates convening a series of stakeholder meetings to provide guidance on the rule changes.

Meetings will likely be held in winter 2019/2020 through spring 2021. Meeting dates, times and locations will be listed in the table below. The meetings will be public noticed, and prior to each meeting the department will provide an agenda and any materials for review.

The stakeholder meetings will be open to the public, and once the meetings are completed, there will be additional opportunities for public input and comments throughout the remainder of the rulemaking process.

Meeting date and time Location Resources
TBD TBD TBD


Last revised: Friday November 22 2019