The Minnesota Pollution Control Agency (MPCA) requests public comment on a rule that will shape nation-leading restrictions on the use of per- and polyfluoroalkyl substances (PFAS). Currently, only Maine shares such protective measures. Minnesota’s PFAS prohibitions take full effect on Jan. 1, 2032.
“Minnesota’s PFAS use prohibitions were written to protect public health and the environment while also recognizing how pervasive PFAS are in the economy,” said MPCA Assistant Commissioner Kirk Koudelka. “Public comment from a variety of perspectives will help us draft rules that better reflect the complexities of PFAS and ease implementation of Minnesota’s groundbreaking transition away from PFAS.”
In 2032, a PFAS pollution prevention law known as Amara’s Law will prohibit the sale or distribution of products containing intentionally added PFAS in Minnesota unless the MPCA determines the product meets the definition of a “currently unavoidable use.”
Amara’s Law defines currently unavoidable use as a use of PFAS that is “essential for health, safety, or the function of society and for which alternatives are not reasonably available.” The law allows the agency to determine whether certain product uses will fall within this category. Public comment, now through March 1, 2024, will inform the MPCA as we prepare to draft a rule on making that determination.
The MPCA seeks feedback on nine questions related to currently unavoidable use, including refining the definition, considerations for small businesses, and which PFAS uses are most likely to seek exemptions. Additional public comment opportunities are expected on this and other elements of Amara’s Law.
To learn more, comment, and sign up for email updates, visit: https://www.pca.state.mn.us/pfas-comment
PFAS prohibitions will help protect human health and the environment from PFAS pollution, as well as reduce costly PFAS clean up. Minnesota estimates more than $1 billion in new expenses to investigate, remediate contamination sources, and filter PFAS from drinking water to proposed federal levels.
Two PFAS prohibitions took effect in Minnesota last month. Minnesota’s schedule of intentionally added PFAS regulations includes:
- January 2020 – Intentionally added PFAS prohibited in firefighting foam for testing or training
- January 2024 – Intentionally added PFAS prohibited in food and beverage packaging, and in all firefighting foam through a phased approach
- January 2025 – Intentionally added PFAS prohibited from sale in Minnesota in 11 categories of common products, including carpets, cookware, and dental floss
- January 2026 – Manufacturers must report intentionally added PFAS use in products sold in Minnesota
- January 2032 – Currently avoidable use of intentionally added PFAS is prohibited in products sold in the state, except certain medical devices
More information about Minnesota’s PFAS use prohibitions is available on the MPCA website.
The current public comment period on this rulemaking closes March 1, 2024.
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