Minnesota Pollution Control Agency (MPCA) is requesting for comments on planned new rules for the determination of Currently Unavoidable Uses (CUUs) of PFAS in products. Beginning January 1, 2032, products containing intentionally added PFAS which are sold, offered for sale, or distributed in the state are banned unless the MPCA determines by rule that the use(s) of PFAS they contain are currently unavoidable uses. (See more on ChemLinked coverage). Any such determinations must be published by rule by the MPCA by January 1, 2032.
In developing the CUUs rules, MPCA would appreciate comments on the following questions:
Should criteria be defined for “essential for health, safety, or the functioning of society”? If so, what should those criteria be?
Should costs of PFAS alternatives be considered in the definition of “reasonably available”? What is a “reasonable” cost threshold?
Should unique considerations be made for small businesses with regards to economic feasibility?
What criteria should be used to determine the safety of potential PFAS alternatives?
How long should PFAS currently unavoidable use determinations be good for? How should the length of the currently unavoidable use determination be decided. Should significant changes in available information about alternatives trigger a re-evaluation?
How should stakeholders request to have a PFAS use be considered for currently unavoidable use determination by the MPCA? Conversely, could stakeholders request a PFAS use not be determined to be currently unavoidable? What information should be submitted in support of such requests?
In order to get a sense of what type of and how many products may seek a currently unavoidable uses determination, please share what uses and products you may submit a request for in the future and briefly why. There will be a future opportunity to present your full argument and supporting information for a possible currently unavoidable uses determination.
Should MPCA make some initial currently unavoidable use determinations as part of this rulemaking using the proposed criteria?
Other questions or comments relating to defining currently unavoidable use criteria and the process MPCA uses to make currently unavoidable use determination.
Public comments or information are welcome until 4:30 p.m. (CST) on March 1, 2024.
Note: All comments will be made available to the public. Please make sure the submitted information does not contain any confidential business information.
