Purpose

• Establish a framework for identifying and reporting on priority PFAS (perfluoroalkyl and polyfluoroalkyl substances) in Minnesota and create steps to manage them through regulatory actions. The bill also requires the Pollution Control Agency (PCA) to adopt formal water quality standards for two specific PFAS chemicals (PFOA and PFOS).

Main Provisions

• Identification and reporting of priority PFAS (Subd. 12)

  • The PCA must identify emerging PFAS that are found in Minnesota influent, effluent, sewage sludge, surface water, aquatic sediments, or freshwater fish.
  • The selection is based on information about occurrence, toxicity, persistence, bioaccumulation potential, and mobility, and on the likelihood these substances may adversely affect human health or ecological functions.
  • The PCA must prepare a report listing the identified PFAS, summarize the data used to identify them, and explain the process used to assess risk.
  • This report must be updated and submitted every three years, concurrent with the agency’s triennial review of existing water quality standards.

• Protocol for PFAS management (Sec. 2)

  • By January 1, 2028, the PCA must develop a protocol to determine how identified PFAS will be managed, including the potential use of:
  • site-specific water quality criteria,
  • statewide effluent limitations,
  • other regulatory actions.
  • The protocol must consider:
  • geographic distribution of the pollutant in Minnesota,
  • how specific the pollutant is to a particular industrial sector,
  • a risk-management approach that places costs with the pollutant originator.
  • The protocol must include a timeline for implementing regulatory actions for priority PFAS that pose a risk to aquatic systems.
  • A draft protocol must be posted on the PCA website for 60 days for public review and comment, at least one public informational meeting must be held, and the agency must consider comments before posting a final protocol.

• PFAS water quality standards (Sec. 3)

  • The PCA must adopt rules establishing:
  • water quality standards for PFOA and PFOS.
  • The standards must apply to class 2 waters (as defined in state rules).
  • The rules must be adopted by January 1, 2028.
  • The 18-month rulemaking time limit in Minnesota Statutes section 14.125 does not apply to this rulemaking.

Significant Changes to Existing Law

• Adds a formal, recurring process to identify and report on emerging PFAS (priority PFAS) in multiple environmental media and to base decisions on a structured risk assessment.
• Creates a mandatory, government-led protocol for deciding how PFAS will be managed (site-specific criteria, effluent limits, or other actions) with explicit cost-allocation considerations to the originator of pollution.
• Requires the development and adoption of specific water quality standards for PFOA and PFOS, integrating them into state rulemaking with a firm deadline and streamlined timing exemption from standard rulemaking limits.
• Ties reporting and protocol timelines to the PCA’s existing processes (e.g., triennial reviews of water quality standards) and increases public involvement requirements (draft protocol public posting and meetings).

Process and Public Involvement (Key Flow)

• Identification and reporting data will feed legislative oversight and be updated every three years.
• A draft management protocol will be publicly reviewed for 60 days with at least one public meeting before finalization.
• Public comments will be considered in finalizing the protocol.
• Standards for PFOA and PFOS must be codified by early 2028 with a defined rulemaking deadline.

Relevant Terms - PFAS, PFOS, PFOA - emerging PFAS, priority PFAS - Minnesota Pollution Control Agency (PCA) - influent, effluent, sewage sludge, surface water - aquatic sediments, freshwater fish - toxicity, persistence, bioaccumulation, mobility - site-specific water quality criteria - water quality standards, regulatory actions, effluent limitations - 7050.0217, 7050.0140 subpart 3 (Minnesota Rules references) - Minnesota Statutes 2024 section 115.03 (Subd. 12 added) - Federal Regulations title 40 section 131.20 - triennial review - January 1, 2028 - public review, public informational meetings - cost borne by originator