The state of Minnesota is seeking public commentary on the rulemaking process to implement one of the nation’s most comprehensive per- and polyfluoroalkyl substances (PFAS) in product laws, according to a recent notice from the Minnesota Pollution Control Agency (MPCA).
The MPCA, in an attempt to bolster transparency regarding its legislation methodology, is engaging the public during this preliminary phase. While a full draft of the rules is not yet accessible, the agency encourages feedback on key issues to consider for the draft. This opportunity for public discussion will remain open until November 28, 2023.
Minnesota’s move to establish stringent PFAS constraints is considered one of the most expansive approaches in the U.S. The law under discussion pertains to obligations of reporting and fee related to PFAS, aiming to regulate their use in an assorted range of products. PFAS, often termed as ‘forever chemicals’ due to their environmental persistence, have been linked with a multitude of health risks, further fueling the demand for stringent regulation and transparency.
The MPCA plans to make a draft of the rules public for further commentary sometime in 2024, signalling a continued commitment to public involvement in the legislative process.
As law professionals, this development serves as a good reminder of the role public participation plays in environmental legislations. It also underscores the trend of states’ heightened attention on PFAS regulation, an issue that could likely trigger more rigorous federal action in the near future.