Minnesota’s requirement to report products containing intentionally added PFAS will become effective January 1, 2026. The Minnesota Pollution Control Agency (MPCA) has been working on a final rule outlining enforcement rules and points of clarification around the law. They are now accepting comments and have set a hearing for their proposed rule.
Key Dates for Comment:
- The Office of Administrative Hearings must receive all written comments no later than 4:30pm CDT on May 21, 2025.
- Public hearing will be held at 2pm CDT on May 22, 2025.
- After the hearing, there will be 5 days to respond to any comments as a rebuttal but no new comments/evidence will be accepted at this time.
- See pages 7-8 (p.1167-8 of the document) of the link below for process to submit comments.
Key areas of the proposed rule include:
- Additional definitions that are not in the Statute including components and packaging, functions (for purposes of reporting), and added clarification of the definition of manufacturer.
- Clarification of who is responsible for reporting and requirements for delegating other reporting parties in the supply chain. There must be a documented agreement with all parties if another party will report on behalf of a manufacturer or group of manufacturers.
- Information required to be reported as stated in the Statute and with added details for areas such as concentrations of each PFAS. Total Organic Fluorine concentration would be allowed if the exact amount of each PFAS was not known. Grouping of products and/or components may be allowed if they meet certain criteria.
- Outline of when updated reporting is needed, including if a significant change is made to the product or components and if new product information is provided, or if a new product is sold, offered for sales or distributed.
- Details for requesting waivers and extensions.
- Expectation of due diligence when requesting information from the supply chain and maintaining all communications and information for five years in case it is requested.
- Exemptions for products that are covered under other laws.
- Required fees for initial reporting and annual updates, as well as fees if manufacturers are reporting as a group.
For more information, see link for full details:
Minnesota Pollution Control Agency, Resource Management and Assistance Division - Proposed Permanent Rules Relating to PFAS in Products; Reporting and Fees; Notice of Hearing
https://mn.gov/admin/assets/SR49_43_tcm36-679805.pdf
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