Maine State to Implement Reporting Requirements for PFAS-Containing Products in 2023

Maine is taking steps to address the potential health and environmental impacts of perfluoroalkyl and polyfluoroalkyl substances (PFAS), a group of man-made chemicals that have been used in a wide range of industrial and consumer products.

Understanding Maine PFAS Law - LD 1503 Act

In July 2021, Maine’s legislature passed the LD 1503 Act to stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. The new law includes a broad definition of PFAS that goes beyond the list of substances proposed by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA) Section 8(a)(7) Reporting Rule. Instead, Maine’s final rule points to the EPA’s CompTox list of PFAS, which contains over 12000 entries.

The two main provisions of Maine PFAS law are

• Reporting products containing intentionally added PFAS to the DEP.
• Prohibiting the sale of carpet, rugs, and fabric treatments containing intentionally added PFAS.

Effective January 1st, 2023, the sale of rugs, carpets, and fabric treatments containing potentially added PFAS is banned in the state, except for used carpets and rugs.

Maine PFAS Reporting Requirement:

• Outdated: Effective January 1st, 2025, manufacturers are required to report the use and quantity of intentionally added PFAS in products sold within Maine under the Toxic Substances Control Act (TSCA) Section 8(a)(7) reporting rule
• Updated: The January 1, 2025, reporting requirement for all products sold in Maine has been eliminated.

Maine PFAS General Prohibition:

• Outdated: Effective January 1st, 2030, products containing intentionally added PFAS will no longer be permitted on the market in Maine.
• Updated: The prohibition deadline has been extended from January 1, 2030, to January 1, 2032, for most products, including consumer electronics.

The Maine PFAS reporting requirement is part of a broader trend of increased regulatory efforts to address PFAS contamination. The Environmental Protection Agency (EPA) has established a lifetime health advisory for PFAS, and many states like California, Minnesota, Michigan, Vermont, Washington, and Colorado have introduced their regulations to address these chemicals.

All Manufacturers that place products in the state of Maine are subject to falling under Maine's PFAS law and must adhere to specific reporting requirements unless they have been specifically excluded. Some manufacturers have been granted extensions by the DEP, but these extensions have been granted on a case-by-case basis, not to entire industry groups. This reporting entails submitting a written notification to the Maine Department of Environmental Protection (DEP) until the development of a dedicated PFAS database. During an October 2022 public meeting, state officials explained that even if a database is not ready by the beginning of 2023, reporting will still be required. They prefer to receive data in common electronic formats such as spreadsheets or tables.

The notification should encompass the following details:

• Product Description: A comprehensive description of the product.
• Purpose of PFAS Use: Clearly state the purpose of incorporating PFAS in the product, including its components.
• PFAS Amount: Specify the quantity of each PFAS present in the product.
• Manufacturer Information: Provide the name and address of the manufacturer, along with the contact details of a designated person (name, address, and phone number). Additional Departmental Requirements: Include any supplementary information stipulated by the DEP.

The Maine reporting requirement represents a positive stride towards enhanced transparency and accountability regarding the use of potentially harmful PFAS chemicals. To prepare for this rule, companies should undertake a thorough review of their products to identify components likely to contain PFAS, assess their usage, and explore potential replacements. Given the complexity of most supply chains, this task can be daunting, necessitating outreach to numerous suppliers. At Acquis, we provide comprehensive software solutions designed to streamline PFAS compliance due diligence. Our software facilitates data collection, analysis, record-keeping, and reporting for both federal (EPA) and state-level regulatory requirements.

Book a Demo with our compliance experts to learn more.