Maine DEP Strengthens PFAS Regulations to Protect Environment

Legislative Update

Public Law 2024, c. 630, signed by the Governor on April 16, 2024, amends previous laws to prevent PFAS pollution. Known for their persistence in the environment and potential health hazards, PFAS are now subject to stricter controls under Maine’s revised statutes.

Key Definitions

The amended law provides detailed definitions crucial for understanding the scope of the regulations:

• Carpet or Rug: Includes consumer products made from fabric for indoor use, excluding outdoor carpets, vehicle carpets, and resilient floor coverings.
• Intentionally Added PFAS: PFAS added to a product to provide specific characteristics.
• Currently Unavoidable Use (CUU): PFAS uses deemed essential for health, safety, or societal functioning, with no reasonable alternatives.

Phased Sales Prohibitions

The law outlines a phased approach to banning products containing intentionally added PFAS, with specific dates for different categories:

Effective January 1, 2023

• Carpet or Rug
• Fabric Treatment

Effective January 1, 2026

• Cleaning Products
• Cookware
• Cosmetics
• Dental Floss
• Juvenile Products
• Menstruation Products
• Textile Articles (with exceptions)
• Ski Wax
• Upholstered Furniture

Effective January 1, 2029

• Artificial Turf
• Outdoor Apparel for Severe Wet Conditions (unless labeled with PFAS disclosure)

Effective January 1, 2032

• All Products Containing Intentionally Added PFAS (unless classified as CUU)

Effective January 1, 2040

• Cooling, Heating, Ventilation, Air Conditioning or Refrigeration Equipment
• Refrigerants, Foams, or Aerosol Propellants

Exemptions

Certain products are exempt from these prohibitions, including:

• Products regulated by federal law
• Packaging, except when the package is the product
• Used products
• Firefighting foams
• Medical devices and veterinary products regulated by the FDA, USDA, or EPA
• Products for public health or environmental testing
• Products meeting DOT, FAA, NASA, DOD, or DHS standards
• Motor vehicles and watercraft
• Semiconductors and related manufacturing equipment
• Non-consumer laboratory equipment and electronics

Implementation and Public Participation

The DEP is revising rule chapter 90 to detail program implementation and CUU criteria. This revised draft will be available for public review and comment by mid-summer 2024. Public engagement is encouraged to ensure comprehensive and effective regulation.

Maine’s updated PFAS regulations represent a significant step towards reducing environmental pollution and protecting public health. The phased prohibitions and clear exemptions provide a structured approach for manufacturers to transition away from PFAS use, promoting a safer environment for all.