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March 28, 2024

Minnesota Publishes New Information Concerning PFAS in Products

Lynn L. Bergeson Carla N. Hutton

The Minnesota Pollution Control Agency (MPCA) announced on March 26, 2024, that it has published new information concerning per- and polyfluoroalkyl substances (PFAS) in products. This information includes:

  • Recommendations on how to dispose of products that may contain PFAS when they reach the end of their useful life. MPCA states that a business may be subject to liability under the Minnesota Environmental Response and Liability Act (MERLA) if it releases PFAS from products containing PFAS. To limit this potential liability, MPCA recommends managing the following products containing PFAS normal solid waste: carpets/rugs; cookware; cosmetics and personal care products; dental floss; food packaging; juvenile products; menstruation products; textile furnishings; upholstered furniture; and water-resistant fabrics. According to MPCA, the following products should be managed as hazardous waste: Class B firefighting foam concentrate; cleaning products; liquid/spray fabric treatments; and ski wax.
  • Details on the types of products that will be subject to PFAS prohibitions in January 2025. At that time, Minnesota will prohibit intentionally added PFAS in products from 11 categories under Amara’s Law. According to MPCA, its interpretation of the statutory definition of each of these categories will determine the products prohibited. MPCA states that, “[f]or example, the prohibition on PFAS in the dental floss category will include any product designed to be drawn between the teeth to remove food particles and prevent dental plaque. The prohibition on PFAS in the upholstered furniture category will include water and stain repellent finishes on the outer fabric and also electronic components found in upholstered furniture, including massage chairs and mattresses. The prohibition on PFAS in carpets and rugs category will include artificial turf.” MPCA notes that prohibitions on intentionally added PFAS in the 11 categories of products effective January 2025 are not part of rulemaking and are not subject to “currently unavoidable use” (CUU) determinations that are applicable to other products beginning in 2032.

MPCA will publish details on other product categories in response to questions it has received.