On Nov. 16, 2021, the Minnesota Pollution Control Agency (MPCA)
released a Draft PFAS Monitoring Plan. This plan signals
that MPCA will continue its efforts to address historical PFAS
contamination through enforcement actions to remove that
contamination and redevelop those sites. The MPCA is seeking
comments on the plan through Dec. 20, 2021, and plans to implement
it beginning in early 2022.
The MPCA currently uses its authority under Minn. Stat. ch.
115B, the Minnesota Environmental Response and Liability Act
(MERLA), to respond to PFAS contamination through remediation and
redevelopment. MERLA authorizes the MPCA to take removal or
remedial action when there is a release or threatened release of a
hazardous substance from a facility (see Minn. Stat. §
115B.17). MERLA also authorizes MPCA to undertake other actions,
including investigations, to identify the existence and extent of a
release or threatened release of a hazardous substance, or a
pollutant or
