Purpose

The bill aims to better identify and manage PFAS chemicals in Minnesota to protect people and the environment. It creates new requirements for the Pollution Control Agency (PCA) to track emerging PFAS, develop a management plan, and set formal water quality standards for specific PFAS.

Key Provisions

• Identification and reporting of priority PFAS

  • The PCA must identify emerging PFAS substances found in Minnesota-related water, wastewater, sludge, surface water, sediments, or freshwater fish.
  • It will focus on substances that, based on available data about how they occur, their toxicity, persistence, ability to accumulate in living things, and how they move, could be present at levels that may harm human health or ecological functions.
  • The PCA must prepare and send a report to the chairs and ranking minority members of the Legislature’s environment committees. The report should list the identified PFAS, summarize the data used to identify them, and explain the process used to assess potential risks.
  • This report must be updated every three years to align with the agency’s regular review of water quality standards (the three-year cycle is connected to the federal standard review at 40 CFR 131.20).

• Protocol for PFAS management

  • By January 1, 2028, the PCA must develop a protocol to decide how identified PFAS will be managed. Options include creating site-specific water quality criteria, statewide water quality standards, effluent limits, or other regulatory actions.
  • The protocol must consider:
  • Where the pollutant is distributed across Minnesota
  • How the pollutant is tied to specific industries
  • A cost approach that puts the burden of pollution control on the source
  • The protocol must also include a timeline for when regulatory actions should start for priority PFAS that threaten aquatic systems.
  • Public involvement: the PCA must post a draft protocol online for 60 days, hold one or more public informational meetings, consider feedback, and then publish a final protocol after reviewing comments.

• PFAS water quality standards

  • The PCA must adopt rules establishing formal water quality standards for two PFAS chemicals: PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonic acid).
  • These standards must apply to class 2 waters as defined in Minnesota’s water rules (specific class 2 water wording is tied to Minnesota Rules part 7050.0140, subpart 3).
  • The rules should be in place by January 1, 2028, and the usual 18-month rulemaking deadline (under Minnesota law) does not apply here, meaning the process isn’t bound by that standard 18-month limit.

Notable Changes to Law

• Creates a formal, ongoing process to identify “priority PFAS” and report them every three years.
• Establishes a new protocol for deciding how to regulate or remediate priority PFAS, including site-specific criteria or statewide standards.
• Requires the PCA to adopt formal water quality standards for PFOA and PFOS, with a firm deadline and an exception to the usual rulemaking time limit.
• Elevates public participation by requiring public posting and comment periods for the PFAS management protocol.

Public Involvement and Oversight

• Reports on priority PFAS must be shared with legislative leadership.
• The PFAS management protocol includes a 60-day public comment period and public meetings before finalization.
• The state must implement timely regulatory actions for PFAS that threaten water or ecological health, with a clear implementation timeline.

Agencies Involved

• Minnesota Pollution Control Agency (PCA) is responsible for identifying priority PFAS, developing the management protocol, and adopting water quality standards.

Practical Impact

• This law would make Minnesota regularly track new PFAS, publicly report findings, and move toward concrete regulatory actions (like site-specific criteria or water quality limits) for priority chemicals.
• It would formalize the regulation of PFOA and PFOS in Minnesota, with specific standards for certain water classes and a deadline to adopt them.

Relevant Terms

• PFAS, priority PFAS, emerging PFAS, perfluoroalkyl and polyfluoroalkyl substances
• Minnesota Pollution Control Agency (PCA)
• Minnesota Statutes 115.03, subdivision 12
• Report, public review, and public comment
• Site-specific water quality criteria
• Minnesota Rules part 7050.0217
• Minnesota Rules part 7050.0140, subpart 3 (class 2 waters)
• PFOA (perfluorooctanoic acid)
• PFOS (perfluorooctane sulfonic acid)
• 40 CFR 131.20 (federal triennial review)
• Rulemaking deadlines: January 1, 2028 deadline; 18-month time limit exception
• Influents, effluents, sewage sludge, surface water, aquatic sediments, freshwater fish
• Regulatory actions, effluent limitations, water quality standards
• Public participation, draft protocol, final protocol