Maine is proposing a new rule to provide additional guidance for the state’s disclosure program on products containing intentionally added PFAS. Comments are accepted until May 19, 2023.
In 2021, the US state of Maine signed LD 1503 (Chapter 477) into law to regulate per- and polyfluoroalkyl substances (PFAS) in products (SafeGuardS 95/21). The law, codified as 38 M.R.S. §1614 ‘Products Containing PFAS’, contains several important provisions. It:
- Requires manufacturers (includes importers or whose brand name is affixed to the product by statute) of products containing intentionally added PFAS to submit a notification to the Department of Environmental Protection (DEP) from January 1, 2023
- Prohibits carpets and rugs, as well as fabric treatments, containing intentionally added PFAS from January 1, 2023
- Prohibits products containing intentionally added PFAS from January 1, 2030, unless the DEP has determined by rule that the use of PFAS is currently unavoidable
To assist stakeholders with complying with the law, the Maine DEP has made available a webpage containing multiple frequently asked questions (FAQ), including one that addresses ‘What is the threshold concentration that triggers the notification requirement?’
On February 14, 2023, the Maine DEP announced a proposed rule for ‘Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances’ to provide additional guidance on the notification requirements and sales prohibitions for products and product components containing intentionally added PFAS. The draft rule contains several important pieces of information. It:
- Clarifies that it includes intentionally added PFAS which provide a specific characteristic, appearance, or quality or to perform a specific function in a product, but does not include PFAS as a contaminant in the final product
- Provides the US Environmental Protection Agency (EPA) webpage on ‘PFAS Master List of PFAS Substances’ to assist stakeholders on what is considered as a PFAS. It is important to note that reporting of an intentionally added PFAS is required regardless of whether the substance is found on any list
- Clarifies that notification of intentionally added PFAS in products only applies to substances with an assigned CAS number (38 MRS §1614 2(3))
According to the announcement for draft Chapter 90, comments will be accepted until May 19, 2023.
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