ALJ Disapproves Minnesota’s Proposed PFAS Rule Package Pending Correction

By Lynn L. Bergeson and Carla N. Hutton | The National Law Review | September 26, 2025

Read the full article by Lynn L. Bergeson and Carla N. Hutton (The National Law Review)

"As reported in our May 29, 2025, memorandum, on May 22, 2025, the Minnesota Pollution Control Agency (MPCA) held a public hearing on its proposed per- and polyfluoroalkyl substances (PFAS) reporting rule. Administrative Law Judge (ALJ) Jim Mortenson facilitated the hearing. To allow the proposed rule to move forward, the ALJ must conclude that MPCA has the legal authority to adopt the rule; that MPCA has fulfilled all relevant legal and procedural requirements to promulgate the rules; and that MPCA demonstrated the need and reasonableness of each portion of the proposed rule. ALJ Mortenson considered the comments provided both during the hearing and in writing as he evaluated the proposed rule. His August 28, 2025, report on the proposed rule concludes that:

The proposed rule package must be disapproved for a procedural reason: MPCA failed to include an assessment of the cumulative effect of the proposed rules with federal regulations on PFAS reporting. According to the ALJ report, MPCA did not assess the cumulative effect of the reporting rule, stating that “because Minnesota’s PFAS reporting requirement is the only one of its kind, ‘[t]here will be no significant burden to report this information to the state.’” The ALJ notes that the Toxic Substances Control Act (TSCA) and its regulations require businesses to report certain data about PFAS. The report states that “[i]t is not reasonable to conclude, without a more thorough assessment by the Agency, what effect Minnesota’s PFAS reporting requirements will have on businesses in relation to the federal reporting requirements. This is an analysis which must be conducted by the Agency, not the Judge, and the rules cannot be approved without it.”