The Minnesota Pollution Control Agency (MPCA) has launched a public consultation phase for proposed rules governing the reporting and fee system for products containing per- and polyfluoroalkyl substances (PFAS). The initiative aims to gather detailed information from manufacturers to support the implementation of Minnesota's environmental regulations, with public feedback open until 19 December 2024.
Key Aspects of the Proposed PFAS Regulations
Purpose and Scope
The proposed rules require manufacturers of products containing intentionally added PFAS to submit comprehensive details about these products. The information will support the MPCA in evaluating and managing PFAS use in Minnesota, as mandated by Minnesota Statutes Chapter 116, Section 116.9407.
Submission Requirements
By 1 January 2026, manufacturers must provide:
- A description of the product, including universal product codes or similar identifiers.
- The purpose of PFAS use within the product.
- Quantitative data on each PFAS present, based on approved analytical methods.
- Manufacturer contact details.
- Updates on products whenever significant changes occur.
Fees and Administrative Costs
To sustain the program, a fee structure will be introduced. This fee, calculated based on reported data such as product numbers and PFAS volumes, will fund MPCA's operational costs. Collected fees will be allocated to Minnesota’s Environmental Fund.
Public Participation and Next Steps
Feedback Mechanism
Comments can be submitted online through the MPCA’s eComments platform until 19 December 2024. Stakeholders are encouraged to provide specific, actionable suggestions and share potential implications for their operations.
Future Milestones
The MPCA plans to finalise these rules by 1 January 2026. Public hearings may be scheduled if sufficient demand arises during the consultation phase. Stakeholders can stay updated by subscribing to the MPCA’s notification services.
Implications for Stakeholders
These regulations will impact manufacturers, distributors, and private label retailers within Minnesota. Ensuring compliance with these reporting obligations is critical, as non-compliance may result in prohibitions on product sales in the state.
