The Minnesota Pollution Control Agency (MPCA) is implementing new rules to regulate the reporting and associated fees for products containing per- and polyfluoroalkyl substances (PFAS). These rules, expected to be fully adopted by January 1, 2026, aim to collect detailed information about PFAS usage in products sold or distributed in Minnesota, aligning with the 2023 Minnesota Session Law, Chapter 60. This initiative also introduces a fee structure to support the administrative costs of the reporting programme.
What Are PFAS and the Reporting Requirements?
PFAS, often referred to as "forever chemicals," are a class of synthetic chemicals used for their durability and resistance to heat, water, and oil. The new rules require manufacturers to provide specific details about products with intentionally added PFAS, including:
- Product description: Including universal product codes (UPC) or stock-keeping units (SKU).
- Purpose of PFAS: Its function in the product.
- Chemical specifics: Quantities of PFAS reported by their Chemical Abstracts Service (CAS) numbers.
- Manufacturer details: Contact information for compliance and updates.
- Additional data: Any further details deemed necessary by the MPCA.
Manufacturers must report these details once before January 1, 2026, with updates required for significant changes or new products entering the market.
Fee Structure and Legal Authority
The MPCA is authorised under Minnesota Statute Chapter 116 to establish a fee system. This fee will cover the costs of implementing the reporting programme. The exact fee amounts are yet to be finalised, but they may vary based on the volume or type of PFAS reported. All fees will be deposited into the state's environmental fund.
Exemptions and Affected Parties
Certain products and manufacturers, such as used products and those governed by federal law or regulated pesticides, are exempt from the reporting requirements. However, private label brands and manufacturers distributing products in Minnesota will need to comply. This includes foreign manufacturers with products distributed in the state.
Public Involvement and Next Steps
The MPCA has invited public comments on the proposed rules until December 19, 2024. Stakeholders can participate through written submissions and stay updated via the MPCA’s GovDelivery system. This collaborative approach aims to refine the regulations and address concerns before final adoption.
