New York and Minnesota Advance State-Level PFAS Regulation
This week, New York highlighted a decade of per- and polyfluoroalkyl substances ("PFAS") regulatory initiatives spanning drinking water, permitting, and product restrictions, and Minnesota finalized a comprehensive PFAS product reporting rule.
Over the past few years and likely continuing into 2026, states across the United States have continued to focus legislative and regulatory initiatives on regulating PFAS. New York's Department of Environmental Conservation ("DEC") has published a report to highlight its PFAS initiatives over the last decade, emphasizing the state's continued focus on PFAS detection in drinking water. The emphasis on drinking water began in 2020, with New York establishing maximum contaminant levels of 10 ppt for PFOA and PFOS in public drinking water. Since then, efforts have expanded to include ambient water quality guidance values and implementation guidance for State Pollutant Discharge Elimination System Permits. New York's total investment in water infrastructure since 2017 is $6 billion dollars, $500 million of which is authorized for use from 2025-2026.
Additionally, the DEC has worked to identify sites in need of remedial measures and requires those who discharged PFAS to pay for those remedial measures. The DEC also continues to advance regulations on PFAS in consumer goods, firefighting materials, air, fish, wildlife, landfills, waste, and biosolids, and is currently finalizing guidance to address PFAS in publicly owned treatment works.
Following a public comment period, Minnesota's Pollution Control Agency adopted a final rule implementing certain provisions of Minn. Stat. § 116.943 related to reporting requirements. The statute requires manufacturers of products currently sold or distributed in Minnesota to report intentionally added PFAS annually, subject to limited exceptions. The law also establishes a rolling ban on intentionally added PFAS in consumer products, resulting in a total ban on intentionally added PFAS in all products by 2032.
The final rule effectuates reporting requirements by obligating submission of product descriptions, manufacturer identification, and PFAS content and function. It affords flexibility by permitting group reporting, reporting ranges instead of specific amounts, and the availability of waivers, extensions, and trade secret protections. Initial reports must be submitted through the PFAS Reporting Information System for Manufacturers, or PRISM, by July 1, 2026, and new products must be reported annually afterwards. Following agency review, all nonconfidential information will be made publicly available.
Together, Minnesota's new reporting requirements and New York's multifront program reflect a trend toward state oversight in PFAS regulation.
