PFAS: Minnesota Takes Steps to Implement PFAS Reporting and Fee Rule

The Minnesota Pollution Control Agency (MPCA) is making significant strides in addressing the presence of per- and polyfluoroalkyl substances (PFAS) in consumer products. On November 18, 2024, the MPCA issued a request for comments on planned rules governing the reporting of PFAS in products and associated fees. 
This initiative aims to establish a comprehensive program for collecting information about products containing intentionally added PFAS, as mandated by Minnesota Session Law - 2023, Chapter 60, H.F. No. 2310.
Under the new regulations, manufacturers of products sold, offered for sale, or distributed in Minnesota that contain intentionally added PFAS must submit detailed information to the MPCA by January 1, 2026. This information includes a brief product description (including UPC or SKU), the purpose of PFAS in the product and its components, the amount of each PFAS (identified by CAS RN®), manufacturer contact information, and any additional information requested by the commissioner.
The reporting requirement is designed to be a one-time submission, with updates necessary only when there are significant changes or upon MPCA request. To cover implementation costs, the MPCA is authorized to establish fees payable upon reporting. The fee structure may be based on products reported, number of PFAS reported, and/or amounts of PFAS reported. The MPCA aims to have the final rules adopted by January 1, 2026.