The Minnesota Pollution Control Agency (MPCA) published two Requests for Comments (RFC) on two planned per- and polyfluoroalkyl substances (PFAS) rulemakings in the September 25, 2023, State Register, the PFAS in Products Reporting Rule (Revisor ID Number R-4828) and the PFAS in Products Fees Rule (Revisor ID Number R-4827). Comments on the RFCs are due by 4:30 p.m. (CST) on Tuesday, November 28, 2023.

• The PFAS in Products Reporting Rule: The main purpose of this rulemaking is to establish a program for MPCA to collect information about products containing PFAS intentionally added to products sold, offered for sale, or distributed in Minnesota. On or before January 1, 2026, a manufacturer of a product sold, offered for sale, or distributed in Minnesota that contains intentionally added PFAS must submit information that includes:
• A brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
• The purpose for which PFAS are used in the product, including in any product components;
• The amount of each PFAS, identified by its Chemical Abstracts Service Registry Number^® (CAS^®), in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by MPCA;
• The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
• Any additional information requested by the commissioner as necessary to implement the requirements of this section.
• The PFAS in Products Fees Rule: The main purpose of this rulemaking is to establish PFAS in products reporting fees. MPCA states that creating a reporting process and reviewing PFAS compounds and concentrations for each manufacturer “will result in significant staff and information technology costs.” The rulemaking is intended to recoup those costs.