Revisor ID: R-04828
The Minnesota Pollution Control Agency (MPCA) is planning new rules governing reporting of per- and polyfluoroalkyl substances (PFAS) in products. The main purpose of this rulemaking is to establish a program for the MPCA to collect information about products containing intentionally added PFAS as directed by Minnesota Session Law - 2023, Chapter 60, H.F. No. 2310. This rulemaking also creates a fee to be paid upon submission of required reporting information about products containing intentionally added PFAS.
Notices of Request for Comments (RFC) on this rulemaking were published in the Sept. 25, 2023, State Register. This second RFC is to combine the PFAS in products reporting and fee rules from the first RFC. Doing so helps to ensure that the fee process is directly a part of the reporting system being created for products with intentionally added PFAS. If you submitted comments to during one of the original RFC, those responses will still be considered along with the responses to this second RFC (you do not need to resubmit).
Procedural rulemaking documents
September 2023
November 2024
- Reporting and fees
Background
The PFAS in products reporting and fees are part of a package of PFAS in products requirements in Minnesota Session Law – 2023, Chapter 60. The law directs that a manufacturer of a product sold, offered for sale, or distributed in Minnesota that contains intentionally added PFAS must submit certain required information to the MPCA. It also directs that if the MPCA opts to establish fees to cover the costs of implementing a reporting program, it must do so in rule.
This rulemaking proposes to establish a program to collect information about products containing intentionally added PFAS. For any intentionally added PFAS in products or product components, the information required includes reporting of a description and numeric coding of the product; the purpose of any PFAS in the product; the identity of each PFAS present; the amount of each PFAS present; location and contact information for the manufacturer; and any additional information requested by the MPCA.
The MPCA must be prepared to collect this information by January 1, 2026. Fees to be paid upon submission of required information to the MPCA about products containing intentionally added PFAS are to cover the MPCA’s cost to implement the reporting program. The fee structure may be based on the products reported, the number of PFAS reported, and/or the amounts of PFAS reported.
Schedule
| Dates | Task(s) |
|---|---|
| Sept. 25, 2023 | Notices of Request for Comments published in State Register |
| Nov. 18, 2024 | Notice of 2nd Request for Comments published in State Register |
| 2024 | Prepare draft rules and Statement of Need and Reasonableness |
| To be determined | Publish Notice of Intent to Adopt Proposed Rules in State Register |
| by January 1, 2026 | Final adoption of rules |
