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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 Minnesota Session Law - 2023, Chapter 60, H.F. No. 2310

16351: Comment on planned rules on unavoidable use of PFAS in products
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Comment on planned new rules

Provide comments on planned new rules governing determinations of currently unavoidable use of PFAS in products.

Procedural rulemaking documents

Background

The PFAS in products currently unavoidable use determination is part of a package of PFAS in products requirements in Minnesota Session Law – 2023, Chapter 60, including PFAS in products reporting and PFAS in products 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 January 1, 2032.  

Schedule

DatesTask(s)
December 2023Notice of Request for Comments published in State Register
2024Prepare draft rules and Statement of Need and Reasonableness
To be determinedPublish Notice of Intent to Adopt Proposed Rules in State Register
2026Final adoption of rules
15266: GovDelivery: rulemaking PFAS ban MNPCA_521
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