Minnesota Judge Disapproves PFAS Reporting And Fees Proposed Rule

On Friday, August 29th, 2025, a Minnesota Administrative Law Judge (ALJ) issued his report on the Minnesota Pollution Control Agency’s (MPCA) Proposed Rules on PFAS in Products: Reporting and Fees. The judge cited procedural grounds, stating that the Minnesota Pollution Control Agency failed to assess the cumulative effect of the rules in relation to federal PFAS reporting regulations. This does not kill the rule, but does create a delay in the rule going into effect.

The judge’s report also identified several other key deficiencies, finding that certain provisions were not relevant to the agency's objectives, did not demonstrate a need or reasonableness, or exceeded the authority of the enabling statute.

Because the proposed rule was found to be defective, it will be referred to the Chief Administrative Law Judge for approval. If the Chief Judge approves the findings, they will advise the Minnesota Pollution Control Agency on how to correct the deficiencies. The Minnesota Pollution Control Agency can either adopt these recommendations or submit the proposed rule to the Legislative Coordinating Commission for advice. The agency cannot adopt the final rules until it has considered the commission’s advice. If the Agency decides to adopt the changes suggested by the Chief Judge, the Agency may proceed to adopt the rules. After adopting the final version of the rules, the Agency must submit them to the Revisor of Statutes for a review of their form.

The entire process is expected to take between 3 and 6 months to complete. While this is a positive step forward that shows the judge paid close attention to comments from stakeholders, including the RV Industry Association, members should continue to prepare for the eventual adoption of the rules.

Following are some of the specific deficiencies identified in the 49-page report: 

• The Minnesota Pollution Control Agency failed to conduct a regulatory analysis as required by Minn. Stat. § 14.131(8), that looks at the cumulative impact of MN’s PFAS reporting requirements on businesses in relation to federal Toxic Substances Control Act reporting and other state requirements.
• The proposed fee structure was rejected as excessive relative to the Minnesota Pollution Control Agency costs in administering the program.
• The Minnesota Pollution Control Agency cannot request voluntary reports or recertification reports of products that were already reported to the Agency.
• The Minnesota Pollution Control Agency cannot limit waivers to information that was publicly disclosed.
• The Minnesota Pollution Control Agency cannot require as a condition for granting a waiver, that access to public information not impose an undue burden on the agency. 

For questions and additional information about this issue, please contact Bill Erny, Senior Manager of Regulatory Affairs, at berny@rvia.org.