Background

The Minnesota Pollution Control Agency (MPCA) has adopted permanent administrative rules expanding reporting and fee obligations for products containing intentionally added PFAS (per- and polyfluoroalkyl substances). The rules were officially published in Volume 50, Number 23 of the Minnesota State Register and will take effect in accordance with statutory timelines.

Why it matters?

PFAS are widely used in consumer and industrial applications due to their durability and resistance to heat, water, and oil. However, their persistence in the environment and potential health risks have raised regulatory concerns. Through these new rules, Minnesota strengthens oversight by requiring manufacturers to disclose PFAS-containing products and contribute fees to support regulatory monitoring and enforcement.

Rule Highlights

Rule Chapter

Minnesota Rules, Part 7026 — Reporting and Fees by Manufacturers

Scope of the Rules
  • Requires manufacturers to report products containing intentionally added PFAS
  • Introduces fees linked to PFAS reporting obligations
  • Aligns reporting definitions and requirements with Minnesota Statutes
Major Updates Adopted

Clarified Product Descriptions
The final rule expands the definition of a “brief product description,” allowing the use of numeric identifiers, product codes, and distinguishing characteristics to improve reporting clarity.

Reduced Administrative Burden
Several proposed update and recertification requirements were removed following recommendations from the Administrative Law Judge (ALJ), ensuring the rule remains within statutory authority.

Improved Legal Consistency
Rule language was revised to better align with Minn. Stat. § 116.943, reducing ambiguity and improving compliance certainty for manufacturers.

Agency Review & Rule Adoption

The MPCA confirmed that all procedural and statutory requirements for rulemaking were met. The agency adopted key recommendations from the ALJ to enhance legal clarity and consistency.

ALJ Review

The ALJ’s report, dated 28 August 2025, was incorporated into the final order, with select amendments made to the proposed rule text based on legal findings.

Implementation Timeline

  • The rules become effective five working days after publication, or on a later statutory date if required.
  • MPCA will proceed with implementation, including compliance processes for affected manufacturers.

Other Notable Items in This Issue

In addition to PFAS rulemaking, this issue of the Minnesota State Register includes:

a. Official Notices
  • Meeting announcements from state advisory bodies, including the Investment Advisory Council
  • MPCA notices seeking public comment on watershed strategies and water quality reports (WRAPS and TMDLs)
b. State Grants & Loans
  • DEED funding opportunities supporting economic and workforce development
  • Department of Human Services (DHS) grant notices for health and community service programs
c. State Contracts & Bids
  • Legal services RFQs from the Office of the Attorney General
  • Professional and technical service opportunities from MnDOT, Minnesota State Colleges and Universities, and other boards
  • An RFP for a Human Resources Management (HRM) system
d. Non-State Public Bids
  • Infrastructure and facilities bid opportunities from the Metropolitan Airports Commission, including airfield works, snow-melter upgrades, lighting systems, and piping replacements at Minneapolis–St. Paul International Airport

Source: Minnesota State Register Volume 50 Number 23

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