Type: Law Bulletins
Date: 12/16/2021

Part V: Minnesota Pollution Control Agency Issues a Comprehensive Draft PFAS Stormwater Monitoring Program

On November 16, 2021, the Minnesota Pollution Control Agency (MPCA) released a Draft PFAS Monitoring Plan. This plan would require certain facilities to monitor and report per- and polyfluoroalkyl substances (PFAS) in their stormwater outflows. The MPCA is seeking comments on the plan through Jan. 21, 2022, and plans to implement it beginning in early 2022.

The MPCA’s Stormwater Program works to protect water from pollutants that are carried with precipitation runoff. The agency has broad statutory authority under Minn. Stat. § 115.03 to collect information, require monitoring, and take other actions to prevent, control, or abate water pollution from stormwater discharges. Minn. R. ch. 7090 further provides programmatic powers for regulating discharges of stormwater from industrial activities.

Testing will be prioritized at airports, chrome platers, and automotive shredding facilities. Future phases of the plan may implement monitoring at additional facilities and changes to the MPCA’s industrial stormwater general permit.

The plan proposes to primarily monitor industrial stormwater at these facilities. Characterization of PFAS concentrations and loads will help to better identify sources and the efficacy of source reduction activities in the future.

Facilities will be notified by letter that they are in scope for phase one of the PFAS stormwater monitoring plan after the plan is finalized in early 2022.

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