Dive Brief:
- A state administrative law judge disapproved the Minnesota Pollution Control Agency’s proposed PFAS reporting and fees rule on Aug. 28, saying that the agency did not include a cumulative effect assessment of the regulation required under a state law.
- Additionally, the reporting and fees rule is not “rationally related” to the MPCA’s purpose, which does not provide a statement of the “need or reasonableness,” according to Administrative Law Judge Jim Mortenson’s report.
- Furthermore, the proposed regulation exceeds the pollution agency’s power and is not enforceable, violating the state administrative rules law. Mortenson made recommendations for the MPCA to make corrections to the PFAS reporting rule.
Dive Insight:
The rules are the second phase of Amara’s Law, Minnesota’s legislation aiming to ban products intentionally made with per- and polyfluoroalkyl substances by 2032. The law’s first phase went into effect in January, prohibiting the sale or distribution of products in 11 categories containing intentionally added PFAS in the state.
The proposed manufacturer definition, reporting updates, waivers, exemptions and fees under the rule did not align with the MPCA’s objective, according to the judge.
Requirements for manufacturers included submitting a report of the product’s description, the PFAS’s function or purpose in the product and the amount of each PFAS type, according to the MPCA’s website.
The MPCA held a handful of webinars and comment periods for manufacturing companies and trade groups to voice their concerns regarding the reporting rule, such as the deadline. Initially, manufacturers had until Jan. 1, 2026, to submit their reports. However, companies and trade groups have said they need more time to comply with the requirements. As a result, the MPCA pushed the deadline to July 1, 2026.
Nevertheless, manufacturers and trade groups have brought up other issues, which Mortenson’s suggestions addressed in his report. Many have said that the PFAS law and the rule were “far more” extensive and stringent than elsewhere in the U.S. and requested greater flexibility of the various reporting requirements.
Many of the comments compared Minnesota’s “stringent” PFAS regulations to Maine’s, which has modified its requirements.
Now, Maine only requires reporting of “‘currently unavoidable uses’ of PFAS and added necessary exemptions from its sales prohibition to ensure that critical uses of PFAS and uses of PFAS already regulated by federal law will not be impacted,” according to a May 21 document from The Adhesive and Sealant Council.
They also said the regulation was “burdensome” and would increase expenses to comply, and worried about how their trade secrets would be protected.
Others have said that the rule needed clarification, noting that the definitions, such as the “manufacturer” definition, could lead to confusion or duplicate reporting. Furthermore, manufacturers and trade groups criticized the scope of the fluorochemicals, saying that “not all PFAS are equivalent” and “may not pose risk of harm to human health or the environment.”
“If the Agency corrects the procedural defect and makes changes to correct the substantive defects, it may re-submit the rule for further review,” Mortenson said in the report.
The MPCA received the administrative law judge’s report on Aug. 28, and noted “significant portions” of the proposed rules were approved by the judge, according to an email from the state agency.
“The MPCA will resubmit proposed rules to correct several smaller parts and better document the cumulative effects of the rule,” the agency said in an unattributed statement.
With the judge’s rejection of the reporting and fees rule, manufacturers with operations in Minnesota will have to wait for the MPCA to update its guidance. The state agency did not disclose a date when the rule will be submitted and its website still has the July 1, 2026, deadline. However, MPCA said that it will share updates on its PFAS in products reporting and fees website as well as notify subscribers on its rulemaking list.
