Minnesota Pollution Control Agency Proposed Rules for PFAS in Products: Reporting and Fees

The Minnesota Pollution Control Agency (MPCA) proposed a new administrative rule to implement a reporting and fee program for products containing intentionally added PFAS that are sold, offered for sale, or distributed in Minnesota. This rulemaking is required by Section 21 of a 2023 law known as “Amara’s Law.” 

The rule requires manufacturers to disclose data about products that contain intentionally added PFAS that are sold, offered for sale, or distributed in Minnesota. Reporting will begin January 1, 2026, and a fee will be required upon submission. The proposed rule is now available for public review and will be open for a 30-day comment period.

The RV Industry Association plans to submit comments on behalf of the RV industry and has also published targeted resources for members as part of the PFAS Toolkit.

Key Takeaways for the RV Industry

• Reporting will be required on or before January 1, 2026, with the ability for manufacturers to request an extension or Minnesota Pollution Control Agency to give a waiver.
• "Manufacturer" is defined as the person that creates or produces​ a product, that has a product created or produced, or whose brand name is legally affixed​ to the product. In the case of a product that is imported into the United States when the​ person that created or produced the product or whose brand name is affixed to the product​ does not have a presence in the United States, manufacturer means either the importer or the first domestic distributor of the product, whichever is first to sell, offer for sale, or​ distribute for sale the product in the state.
• After the initial report on January 1, 2026, an annual update is required by February 1 each year if product changes are made or if a new product is introduced. If no new information is available, then an update is not required, and a recertification of the report is required. Fees are associated with updates and recertifying.
• The manufacturer must provide:
  • A product description which includes reporting each component containing PFAS. The components can be grouped if they are the same, in the same concentration range, provide the same function, and have the same form and function but differ in size, color or other superficial qualities.
  • The numeric code is assigned to the product (i.e. SKU).
  • PFAS chemicals used in the product, or its components identified by its Chemical Abstract Service Registration Number (CASRN) or, if no CASRN exists, another chemical identifying number.
  • The concentration of PFAS chemicals contained in a product or components of a product made up of homogenous material.
  • The function that each PFAS chemical provides for the product or its components;
  • Manufacturer information, including name, address and NAICS code
  • Information for the authorized representative and alternate of the manufacturer who has the authority to execute or direct other to execute reporting
• Fees are required to submit:
  • $1,000 for the initial report
  • $500 for annual update or annual recertification
• Waivers may be granted to manufacturers as determined by the Minnesota Pollution Control Agency, if the commissioner determines that substantially equivalent information is publicly available. The request must be made annually with certain required information.
• Extension requests may be granted if the Minnesota Pollution Control Agency determines that more time is justified, and such extension requests are submitted providing detailed information and supporting documentation. The fee is $300 for an extension request.
• Due diligence reporting requires a manufacturer to assume responsibility for reporting products containing intentionally added PFAS unless notification from another manufacturer is received.
  • A manufacturer must request detailed disclosure of the information required from their supply chain until all required information is known.
• Documentation: a manufacturer must maintain documentation of all communication with other manufacturers, including emails, letters and responses regarding PFAS reporting compliance and reporting responsibility for at least five years.

Public Comment Period and Public Hearing 

The RV Industry Association plans to submit comments on behalf of the RV industry. Members are also encouraged to submit individual comments based on your unique circumstances. The following are key dates for participating in the public review and comment process:

• The public comment period set for 30 days from April 21, 2025 until 4:30PM on Wednesday, May 21, 2025. Comments must be submitted through the Office of Administrative Hearings (OAH) rulemaking website or via mail. Email or phone comments will not be accepted.
• After the comment period closes on May 21, there is a five-working-day rebuttal period when MPCA an interested parties may respond in writing to any new information submitted. No additional evidence may be submitted in this period.
• The public hearing will be held on Thursday, May 22 beginning at 2:00PM CDT. The hearing will be virtual, via WebEx. Details here. 

Additional Details on the Proposed Rule

The proposed rule contains 10 sections. For ease of reference, they are split into 3 categories below: 

• Reporting Requirements
• Waivers, Extensions, etc.
• Fees and Miscellaneous.

Reporting Requirements: Any manufacturer or group of manufacturers selling or distributing products in Minnesota with intentionally added PFAS must submit a report on each effected product or component.

• Manufacturers in the same supply chain may partner in reporting and submit information if reporting obligations are filled, documentation is maintained and accurate, and fees are paid.
• By January 1, 2026, manufacturers must report details for products containing intentionally added PFAS including descriptions, numeric codes, PFAS chemical identities, concentrations, and functions.
• Reporting must also include contact information for authorized representatives.
• Each year, manufacturers must also annually update or recertify their PFAS product reports by February 1, detailing significant changes, new products, or updated product information. Voluntary updates may be submitted whenever PFAS is reduced or eliminated from a product or component.
• Exemptions: Products are exempt from PFAS reporting if they are federally regulated, already in state statute (food packaging), sold as used, reported under agricultural waivers, or involve classified federal information.

Waivers, Extensions, Trade Secrets

• Waivers: Minnesota Pollution Control Agency must waive all or part of the reporting requirement if it is determined that substantive equivalent information is publicly available and easily accessible. A detailed justification must be submitted to earn a waiver; a fee must also be paid, and non-waived information must still be reported.
• Extensions: Manufacturers may request a 90-day extension to meet PFAS reporting requirements by submitting justification, supporting documentation, a compliance plan, and a fee at least 30 days before the original deadline.
• Trade Secrets: Manufacturers may request trade secret protection for certain PFAS-related data but must submit alternative public data when required and maintain detailed supply chain records and communications for at least five years.

Fees: There are several categories of fees in the proposed rule. If a group of manufacturers is reporting on behalf of multiple manufacturers, each individual manufacturer must pay the fee.

• Initial Report: $1,000
• Annual update or recertification: $500
  • Either fee must still be paid in the event of a waiver request.
• Extension Request: $300
• Inflation: Beginning July 1, 2027, and each odd-numbered year afterwards these fees must be adjusted for inflation using the aggregated annual consumer price index. This becomes the new unadjusted fee, rounded to the nearest dollar.

For more information, please contact Bill Erny, Senior Manager, Regulatory Affairs at berny@rvia.org