Minnesota judge disapproves PFAS reporting and fees proposed rule

Jim Mortenson, a Minnesota Administrative Law Judge, issued a report Aug. 28 on the Minnesota Pollution Control Agency’s proposed rule on reporting PFAS in products and associated fees. The judge stated his disapproval of the proposed rule due to the agency’s “failure to assess the cumulative effect of the rule with other federal and state regulations related to reporting of PFAS in products in violation of Minn. Stat. § 14.131(8).

The judge’s report also identified several other deficiencies, finding that certain provisions were not relevant to the agency’s objectives, did not demonstrate a need or reasonableness, or exceeded the authority of the enabling statute.

Because the proposed rule was found to be defective, it will be referred to the Chief Administrative Law Judge for approval. If the Chief Judge approves the findings, they will advise the Minnesota Pollution Control Agency on how to correct the deficiencies. The Minnesota Pollution Control Agency can either adopt these recommendations or submit the proposed rule to the Legislative Coordinating Commission for advice. The agency cannot adopt the final rule until it has considered the commission’s advice. If the agency decides to adopt the changes suggested by the Chief Judge, the agency may proceed to adopt the rules. After adopting the final version of the rules, the agency must submit them to the Revisor of Statutes for a review of their form.

The process is expected to take between three and six months to be completed.