On November 18, 2024, the Minnesota Pollution Control Agency (MPCA) requested comments on planned rules governing reporting and fees paid by manufacturers upon submission of required information about products containing per- and polyfluoroalkyl substances (PFAS). MPCA notes that “[a]t this stage, we do not have a draft rule; we want your feedback to inform us about the ideas described under the Subject of Rules section.” Instead, the purpose of the current request for comments (RFC) is to seek feedback on MPCA’s intent to combine two rules from its September 25, 2023, RFC, which proposed separate rules regarding reporting and fees. MPCA will consider comments submitted earlier along with responses to the second RFC, and those comments are available on MPCA’s website. Comments on the current RFC are due 4:30 p.m. (CST) on December 19, 2024.

According to the current RFC, MPCA seeks comment on the planned new rules implementing the statutory requirement that on or before January 1, 2026, manufacturers of products sold, offered for sale, or distributed in Minnesota that contain intentionally added PFAS submit the following information:

• 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 RN^®), in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes;
• 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 RFC states that a manufacturer would be required to submit this information whenever a new product that contains intentionally added PFAS is sold, offered for sale, or distributed in Minnesota and update and revise the information whenever there is significant change in the information or when requested to do. According to the RFC, MPCA is interpreting the reporting requirement to occur once, meaning that companies will not be required to report annually. Updates to reported information would be required “when PFAS are added or subtracted (‘whenever there is a significant change’).” MPCA is authorized to establish a fee payable by a manufacturer upon reporting to cover its reasonable costs to implement the reporting requirement. The RFC requests comments on this fee.

Commentary

Incorporating the fee process into the reporting system is a sensible approach. Given the rapidly approaching January 1, 2026, reporting deadline, it is disappointing that there is still no draft rule. According to the RFC, this is the first of several opportunities for public comment on the rulemaking. To ensure industry stakeholders and MPCA alike have adequate time to develop the final rule, MPCA is urged to issue a proposal as soon as possible. Stakeholders are urged to stay tuned and be prepared to respond quickly when MPCA releases a proposed rule in 2025.