Minnesota Develops Rules for “Currently Unavoidable” PFAS Uses Under Amara’s Law
The Minnesota Pollution Control Agency (MPCA) is in the process of developing new rules to determine the "currently unavoidable uses" of intentionally added per- and polyfluoroalkyl substances (PFAS) in consumer products. This is in response to Minnesota Session Law – 2023, Chapter 60, commonly known as Amara’s Law, which aims to phase out PFAS in products over time.
Regulatory Timeline Under Amara’s Law
The law sets a clear timeline for phasing out PFAS:
• January 1, 2024: Ban on intentionally added PFAS in food packaging and firefighting foam.
• January 1, 2025: Prohibition extends to 11 product categories, including carpets, cookware, cosmetics, and more.
• January 1, 2026: Manufacturers are required to report any products containing intentionally added PFAS to the MPCA.
• January 1, 2032: A complete ban on products with intentionally added PFAS, unless the use is deemed "currently unavoidable."
Defining "Currently Unavoidable Uses"
As part of the rulemaking process, the MPCA is working to establish specific criteria for identifying "currently unavoidable uses" of PFAS.
This involves:
• Public Engagement: The MPCA is actively soliciting feedback from stakeholders to inform the development of the rules.
• Drafting Rules: The agency is preparing detailed guidelines and statements of need for the regulation.
• Finalization: After a thorough review, the MPCA will finalize and publish the rules for implementation.
Implications for Manufacturers and Consumers
Manufacturers are expected to assess their products for PFAS content and explore safer alternatives wherever possible. This change is part of a broader effort to reduce exposure to these chemicals, which have been linked to various health risks. Consumers, in turn, can look forward to greater transparency and safer products as the new regulations come into effect.
The MPCA’s rulemaking process will play a key role in shaping the future of PFAS regulation in Minnesota. As manufacturers work to comply with the new laws, consumers can anticipate a reduction in the presence of these harmful substances in everyday products.
Reference: Products"Currently Unavoidable Use"
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