The Maine Department of Environmental Protection (DEP) has enacted new regulations to combat pollution from Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). These updates, part of Public Law 2024, c. 630, reflect the state’s commitment to addressing the environmental and health risks associated with PFAS.
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.
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.
The law outlines a phased approach to banning products containing intentionally added PFAS, with specific dates for different categories:
Carpet or RugFabric Treatment
Cleaning ProductsCookwareCosmeticsDental FlossJuvenile ProductsMenstruation ProductsTextile Articles (with exceptions)Ski WaxUpholstered Furniture
Artificial TurfOutdoor Apparel for Severe Wet Conditions (unless labeled with PFAS disclosure)
All Products Containing Intentionally Added PFAS (unless classified as CUU)
Cooling, Heating, Ventilation, Air Conditioning or Refrigeration EquipmentRefrigerants, Foams, or Aerosol Propellants
Certain products are exempt from these prohibitions, including:
Products regulated by federal lawPackaging, except when the package is the productUsed productsFirefighting foamsMedical devices and veterinary products regulated by the FDA, USDA, or EPAProducts for public health or environmental testingProducts meeting DOT, FAA, NASA, DOD, or DHS standardsMotor vehicles and watercraftSemiconductors and related manufacturing equipmentNon-consumer laboratory equipment and electronics
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.
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