Revisor ID: R-4837
The Minnesota Pollution Control Agency (MPCA) is planning new rules governing how the MPCA determines currently unavoidable uses of per- and polyfluoroalkyl substances (PFAS) in products. The main purpose of this rulemaking is to establish criteria the MPCA will use to make decisions on which, if any, uses of intentionally added PFAS will qualify as currently unavoidable uses in products sold, offered for sale, or distributed in Minnesota, as directed by Minn. Stat. § 116.943.
Informational meeting
The MPCA will livestream and record this informational meeting at 1 p.m. (CST) on Feb. 26, 2026. The presentation will include an overview of the proposed rule, some proposed rule concepts, and introduce topics for which the agency is seeking additional feedback.
Procedural rulemaking documents
March 2024
Dec. 2023
Background
The PFAS in products currently unavoidable use determination is part of a package of PFAS in products requirements in Minn. Stat. § 116.943, including PFAS in products reporting and fees. The law directs that products that contain intentionally added PFAS may not be sold, offered for sale, or distributed for sale in Minnesota, unless the MPCA determines by rule that the use of PFAS in the product is a currently unavoidable use.
This rulemaking is needed to establish a program for the MPCA to determine currently unavoidable uses of intentionally added PFAS in products and to clarify related terms and processes. The MPCA may identify specific products or product categories where it is determined that the use of PFAS is currently unavoidable. The currently unavoidable use determinations will establish which uses of PFAS are exempt from the broad prohibitions on all uses of PFAS in products sold in Minnesota by Jan. 1, 2032.
Schedule
| Dates | Task(s) |
|---|---|
| Dec. 2023 | Notice of Request for Comments published in State Register |
| 2024-2026 | Prepare draft rules and Statement of Need and Reasonableness |
| July 2024 | Webinar on PFAS in products rulemaking, including currently unavoidable use |
| Nov. 2025 | Check-in group meetings to discuss proposed rule concepts and solicit feedback |
| Feb. 2026 | Webinar to provide an update on proposed rule concepts |
| March 2026 | Feedback period to collect input on proposed rule concepts |
| Fall 2026 | Second round of check-in group meetings or webinar to discuss proposed rule concepts and solicit feedback |
| Winter 2026-27 | Second webinar to provide an update on proposed rule concepts |
| 2027 | Incorporate feedback into proposed rule and Statement of Need and Reasonableness |
| To be determined | Publish Notice of Intent to Adopt Proposed Rules in State Register, followed by a public comment period and webinar. The date of final rule adoption will depend on the public engagement process and administrative steps. |
