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June 9, 2023

Maine Governor Signs Bill Postponing PFAS Reporting Requirement

Lynn L. Bergeson Carla N. Hutton

Governor Janet Mills (D) has signed LD 217, “An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances” (Act). Passed by the House on June 1, 2023, and the Senate on June 6, 2023, the bill postpones the January 1, 2023, reporting requirement for products and product components containing intentionally added per- and polyfluoroalkyl substances (PFAS). As reported in our February 17, 2023, memorandum, the Maine Department of Environmental Protection (MDEP) issued a proposed rule intended to provide additional guidance on the notification requirements and sales prohibitions under the Act. Comments were due May 19, 2023.

The bill extends the January 1, 2023, deadline for reporting the use of PFAS in products for sale to January 1, 2025, and authorizes reporting the amount of total organic fluorine if the amount of each PFAS compound is not known. The bill will allow the amount of PFAS to be reported based on information provided by a supplier rather than testing. It clarifies the packaging exemption under the law regulating PFAS in products, exempts from the reporting requirements manufacturers that employ 25 or fewer people, clarifies that the requirements and prohibitions of PFAS in products do not apply to used products or used product components, and makes other technical clarifications to PFAS reporting requirements. The changes made by the bill to the law regulating PFAS in products will be made retroactive to January 1, 2023.