- Senator Baldwin demands the EPA withdraw proposed PFAS rollbacks.
- The EPA plan rescinds limits for four PFAS chemicals and extends compliance deadlines.
- Wisconsin state standards now face legal uncertainty due to the federal proposal.
- Cleanup advocates cite anti-backsliding laws to challenge the weakening of protections.
- New EPA funding for contamination does little to offset the regulatory rollback.
Sen. Tammy Baldwin (D-WI) joined Senate colleagues Monday in demanding the Environmental Protection Agency withdraw proposed rules that would gut 2024 drinking water protections for several toxic PFAS chemicals, arguing the rollback threatens public health nationwide. The EPA announced in May its intent to rescind federal limits for PFHxS, PFNA, GenX and certain PFAS mixtures, while simultaneously proposing to give water systems until 2031 to comply with standards for PFOA and PFOS. Baldwin's office noted she previously secured funding for PFAS cleanup at Truax Field and Volk Field in Wisconsin and pressed the Defense Department in July over cleanup delays at those military installations.
EPA's proposed rollback targets four PFAS compounds
The agency's plan would eliminate enforceable limits for four of the six PFAS compounds covered under the April 2024 final rule, which established maximum contaminant levels for the first time. The EPA is keeping standards for PFOA and PFOS — the two most extensively studied compounds — but has proposed extending the compliance deadline from 2029 to 2031. The public comment period on both proposals closed July 20.
EPA Administrator Lee Zeldin has defended the move, claiming the Biden administration "cut corners and failed to follow the law" when it set the original standards. The rollback follows lawsuits filed by water utilities and chemical companies challenging the regulations. Wisconsin Gov. Tony Evers condemned the action, calling it "reckless and a huge step backward" in protecting public health.
The proposed rollback creates legal uncertainty for Wisconsin, which recently adopted state limits matching the Biden-era federal standards. Dave Strifling, director of Marquette Law School's Water Law and Policy Initiative, noted that state rules must be at least as strict as federal requirements under the Safe Drinking Water Act. With federal standards weakened, state regulations could face legal challenges from water utilities or chemical companies arguing insufficient time to comply.
State standards caught in regulatory crossfire
Wisconsin's Department of Natural Resources pressed ahead this year with rules matching the 2024 federal limits, citing worries the state could lose its authority to regulate the chemicals otherwise. The agency projected utilities and businesses would spend $26.6 million in the first year to meet the standards, with 96 water systems potentially needing $12.6 million for treatment.
Just four water systems, however, would be affected by the limits EPA is now moving to rescind. The Wisconsin Manufacturers and Commerce lobby has argued the DNR failed to follow state law by not including cost assessments in its economic analysis, and the group wants the state to revise its limits to match the EPA's proposal. Steph Tai, an environmental law professor at UW-Madison, noted the state Supreme Court previously sided with the DNR on a separate PFAS challenge, but acknowledged the federal rollback could make state rules more vulnerable.
Residents and advocates push back on weakening standards
Marinette resident Doug Oitzinger, of the nonprofit Save Our Water, said advocates are already contesting the rollback's legality, pointing to an anti-backsliding provision in the Safe Drinking Water Act meant to stop standards from being weakened. "These are toxic substances that we should not be having in our drinking water, and certainly should not be flowing out into the environment," Oitzinger said.
In their letter to Zeldin, Baldwin and her colleagues wrote: "Safe drinking water is not a partisan issue. Families across the country expect that when they turn on the tap, their water is safe to drink."
The EPA announced nearly $1 billion in new funding to address PFAS contamination nationwide, including $15 million for Wisconsin, alongside its rollback proposal. Wisconsin has also allocated $133 million from a PFAS trust fund to address contamination.
With federal regulators pulling back protections even as they write bigger checks to manage the fallout, Wisconsin families are left to wonder whether Washington's next move will make their tap water safer — or just cheaper for industry to leave alone.
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