In 2023, the Minnesota Legislature passed bills (SF 1955 and HF 2310) regulating pesticide products that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). One of the new laws requires pesticide registrants to inform the MDA if a pesticide product contains intentionally added PFAS. Registration of pesticide products that contain intentionally added PFAS will be cancelled according to the deadlines laid out in statute unless the use of PFAS in the product is determined by the commissioner of agriculture to be a “currently unavoidable use.”

Timelines

According to the new regulations under the Pesticide Control law (MINN. STAT. § 18B) and the Fertilizer, Soil Amendment, and Plant Amendment law (MINN. STAT. § 18C) the MDA must follow the timelines below.

NOTE: To allow the MDA time to assess products for “currently unavoidable use” (when requested), it is recommended that registrants of products containing intentionally-added PFAS submit information about PFAS in their products well in advance of the prohibition deadlines. This will allow the MDA to make unavoidable use determinations in a timely manner. , , ,

It's an example of change coming to the farming industry with regards to PFAS. 
 
Those meeting in St. Paul in February 2024 were able to pass regulations governing PFAS in pesticides in 2023, it's possible they can pass legislation next year to limit the use of sludge.
 
But not everything need be done through the legislature. The MCEA report makes these recommendations:
In this report, we have identified some of the steps that the MPCA can take now, through its Clean
Water Act authority, to better understand the scope of PFAS contamination from wastewater streams
and ensure that responsible parties bear the costs of pollution clean-up wherever possible. To protect
Minnesota’s communities from further damage caused by the toxic effects of PFAS on human health,
our recommendations are to:

• Add PFAS as a pollutant under the Minnesota Sewage Sludge Management Rule;
• Require wastewater treatment plants to monitor influent, effluent, and land applied biosolids for PFAS so we
can better understand the scope of contamination;
• Use pretreatment programs to require industrial dischargers to use best management practices and
treatment options to reduce and remove PFAS from industrial wastewater before it reaches municipal
wastewater treatment plants;
• Label Class A EQ biosolids sold for public distribution as potential sources of PFAS;
• Investigate sensitive sites (based on soil type/hydrology) where biosolids have been land applied for decades
for legacy soil and groundwater contamination;
• Require PFAS data in the environmental review (Minnesota Environmental Policy Act) process, such as the
Met Council wastewater treatment plant’s proposed addition of a fourth incinerator;
• Monitor ambient groundwater for PFAS contamination from landfill leachate and land applied biosolids;
• Develop strong statewide Class 1 Water Quality Standards that mirror the proposed federal Maximum
Contaminant Levels (MCLs) for 6 PFAS compounds.
Downstream, the Minnesota Department of Agriculture is the lead agency for fertilizer regulatory functions, so there's likely to be a role for it as well.
 
Let's hope elected leaders and agency staff show the courage needed to make this change.
 
Photo: Biosolids transferred from wastewater treatment plants to farm fields as fertilizer may contain PFAS. Credit: Dana Kolpin/US Geological Survey/ via Chemical and Engineering News article, To prevent PFAS dispersal, Maine bans agricultural use of sludge.
 
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