Final PFAS Reporting Requirements Set in Minnesota

/in ,

On December 8, 2025, the Minnesota Pollution Control Agency (MPCA) adopted a final rule governing manufacturer reporting on intentionally added PFAS in products, ahead of the July 1, 2026 deadline for initial submissions.  The rule outlines what manufacturers must report, how reports must be submitted, and the conditions under which waivers or extensions may be granted.

Initial Reporting Requirements

A manufacturer or group of manufacturers of new products sold or distributed in the Minnesota that contain intentionally added PFAS must submit an initial report to MPCA by July 1, 2026.  Each report must include:

  • A description of the product or a description of the category or type of product.
  • The PFAS chemicals used in the product or its components.
  • The concentration range of PFAS chemicals in a product or components of a product made up of homogenous material.
  • The function that each PFAS chemical provides to the product or its components.
  • Manufacturer information.
  • Contact information.

A flat $800 fee must accompany each initial report. Manufacturers may request trade secret protection for chemical identities, identifying numbers, and certain supply-chain information.  On its website, MPCA says that reported information that is not trade secret will be disclosed to the public.

All manufacturers must​ assume responsibility to report unless manufacturers in the same supply chain enter into an​ agreement to establish their respective reporting responsibilities.  To meet due diligence requirements, manufacturers must “request detailed disclosure of information…from their supply​ chain until all required information is known.”  Manufacturers must maintain documentation of all communication with other manufacturers regarding PFAS reporting compliance and reporting responsibility agreements and provide it to MPCA upon request.

MPCA may grant waiver requests for all or part of the required information upon request if substantially equivalent information is publicly available.  Extension requests must be submitted at least 30 days before the deadline.  Reports will be filed through MPCA’s PFAS Reporting and Information System for Manufacturers (PRISM), which MPCA plans to soft-launch to selected manufacturers this month and release in full in January 2026.

Changes from the Proposal

After two public comment periods and an administrative law judge’s review, the final rule incorporates several adjustments, including:

  • Clarifying that manufacturers must submit a single initial report, not individual reports for each product or component.
  • Reducing the reporting fee from $1,000 to $800, and clarifying that only one fee be submitted per initial report, rather than a fee for each reported product or component.
  • Removing language that would have allowed MPCA to deny a waiver request based on the burden of accessing publicly available information.
  • Limiting manufacturers to one extension of the reporting deadline.

The final rule also makes several key changes to subsequent reporting requirements after the initial report, including:

  • Requiring that manufacturers of new products containing intentionally added PFAS report by February 1 of the following year, rather than prior to sale or distribution in the state.
  • Removing the requirement that manufacturers annually recertify their report. Now, manufacturers must only submit an update by February 1 of the following year if a significant change was made to a product, new product information was provided to a manufacturer, or a new product was sold or distributed in the state during the previous year.
  • Removing the option for manufacturers to voluntarily update their report whenever a PFAS is reduced or eliminated from a product or component.
  • Eliminating the fee for annual updates.

The Minnesota Register notice for the rule, including MPCA’s explanation of changes, can be found here.

MPCA is in the process of developing a separate rule establishing a process for currently unavoidable use (CUU) determinations.  More information on Minnesota’s PFAS in products program can be found on the agency’s website.