On Monday, April 21, 2025, the Minnesota Pollution Control Agency (MPCA) issued a proposed rule governing products with intentionally added per- and polyfluoroalkyl substances (PFAS) (the Proposed Rule), the Proposed Rule’s Statement of Need and Reasonableness (SONAR), and notice of MPCA’s intent to hold an administrative hearing regarding the Proposed Rule. The public may now submit comments on the Proposed Rule up to and at its hearing on May 22, 2025.
Background
In 2023, Minnesota passed “Amara’s Law,” one of the most extensive PFAS product regulatory laws in the country. Minn. Session Law—2023, Ch. 60, Art. 3, sec. 21 (codified at Minn. Stat. § 116.943). Among other things, Amara’s Law prohibits the sale, offer for sale or distribution within Minnesota after January 1, 2025, of products within 11 categories if the products contain intentionally added PFAS. See Fredrikson’s previous article, “Minnesota Set To Implement Nation’s Most Extensive PFAS Product Ban,” summarizing the product bans that took effect January 1, 2025.
Following the initial product ban, Amara’s Law requires that manufacturers of other products with intentionally added PFAS submit product information to the MPCA Commissioner by January 1, 2026, in advance of a complete ban on intentionally added PFAS in products beginning January 1, 2032 (unless the PFAS’s presence in a given product is deemed a “currently unavoidable use” under forthcoming MPCA rules).
The purpose of the Proposed Rule (Minn. R. Ch. 7026) is to clarify key terms and detail certain substantive requirements, processes and fees underlying the upcoming January 1, 2026, reporting requirement.
Summary of Draft Rule
The Proposed Rule addresses the following aspects of the reporting requirement and attendant administrative fees contemplated under the law:
- Key definitions, including defining who a “manufacturer” is that is subject to these requirements;
- Manufacturer(s) responsible for reporting to the Commissioner;
- Information required in the reports due January 1, 2026, e.g., the PFAS chemicals used in a given product or its component(s), the concentration range of those chemicals, and their function(s) and information required to be submitted to the Commissioner for products sold, etc., in Minnesota for the first time after that initial deadline;
- Annual update/recertification requirements;
- Processes for requesting information submission waivers or extensions and for requesting trade secret data classification for submitted information;
- Reporting and supply chain request due diligence requirements;
- Product reporting requirement exemptions; and
- Administrative fees, e.g., $1,000 per manufacturer for the initial January 1, 2026, submission and $500 for annual updates/certifications, with inflation adjustments on odd-numbered years beginning January 1, 2027.
Administrative Hearing
Simultaneous with publication of the Proposed Rule and its SONAR, MPCA also published notice of its intent to hold a public hearing on the Proposed Rule, overseen by Administrative Law Judge James Mortenson, via WebEx beginning at 2:00 p.m. on Thursday, May 22, 2025. The public may submit written comments and responses until the day before the hearing via the website hyperlinked in the Notice or may offer oral comments at the hearing. The MPCA and other interested parties will also have the opportunity to submit rebuttal comments for an additional five working days following the close of the public comment period.
Looking Forward
Although the Proposed Rule contains substantive aspects of the forthcoming reporting requirements, it does not address practical considerations, like how, i.e., via what mechanism, manufacturers will be expected to submit this information and pay their fees to the MPCA. Manufacturers and other interested parties will be keeping a watchful eye on aspects such as this to see if Minnesota can avoid the pitfalls and challenges that befell previous unsuccessful product registration requirements, such as those attempted by the State of Maine several years ago.
Fredrikson’s Environmental Law Group is at the forefront of tracking and anticipating developments in PFAS regulations and liabilities, at both the state and federal level, across a wide range of areas, including remediation, product stewardship (including Amara’s Law), solid and hazardous waste disposal, water discharges and air emissions. We continue to monitor developments relating to Amara’s Law and its implementation, including this Proposed Rule, and we will continue to provide related updates. Please contact us if you require advice or assistance relating to the Proposed Rule, comment submittal or other requirements or prohibitions pursuant to Amara’s Law.
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