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June 8, 2023

Maine Legislature Passes Bill to Postpone PFAS Reporting Requirement

Lynn L. Bergeson Carla N. Hutton

On June 6, 2023, the Maine Senate passed LD 217, “An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances” (Act). Passed by the House on June 1, 2023, the bill would postpone 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 would extend the January 1, 2023, deadline for reporting the use of PFAS in products for sale to January 1, 2025, and would authorize reporting the amount of total organic fluorine if the amount of each PFAS compound is not known. The bill would 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 would be made retroactive to January 1, 2023.
Governor Janet Mills (D) has ten days (not counting Sundays) to sign or veto the bill. If Mills does not sign the bill and the legislature is still in session, after ten days, the bill will become law as if she signed it. Mills is reportedly expected to sign the bill.