Maine Passes New Amendments to Landmark PFAS Law

By Krystal Spickler, program manager, Supply Chain team, UL Solutions

On April 16, 2024 Janet Mills, Maine state Governor signed LD 1537 into law. This brings significant change to the regulation of per- and polyfluoroalkyl substances (PFAS) in Maine, through amending the state’s initial PFAS statute.

The initial law enabling Maine’s ‘PFAS in Products Program’ was passed in 2021 under signed bill LD 1503. Provisions included an obligation for manufacturers to report products with intentionally added PFAS to Maine’s Department of Environmental Protection (DEP) beginning Jan. 1, 2023 and prohibitions on the sale or distribution of certain product containing intentionally added PFAS as early as Jan. 1, 2023 with a broader prohibition on all product except for unavoidable uses starting 2030. The reporting requirement was updated to have a Jan. 1, 2025 effective date and include exemptions for certain small businesses by the passage of LD 217 in 2023.

Substantive updates to the original timeline and provisions include the below, but there are many changes made so the full text should be consulted:

Original Requirements	Amended (or New) Requirements	Amended Compliance Deadline
Beginning 01/01/2025, manufacturers of any product for sale that contains intentionally added PFAS are required to submit notice to the Maine DEP.	Notification to the Maine DEP is required for any product for which the use of PFAS is a currently unavoidable use. Changes were also made to the small manufacturer employee threshold (increased from 25 to 100), required datapoints, and confirmation of a fee to be collected at time of submission.	01/01/2032
Exemptions from the statute included: Product for which federal regulation of a product preempts Maine’s authority Packaging meeting the definition of Maine Title 32, section 1732, subsection 4 unless the package is the product of the manufacturer Used product or components	Revised exemptions from the statute include: Product for which federal regulation of a product preempts Maine’s authority Packaging meeting the definition of Maine Title 32, section 1732, subsection 4 unless the package is the product of the manufacturer except where otherwise subject to a restriction if the packaging is a fluorinated container or otherwise contains intentionally added PFAS Used product or components Firefighting or fire-suppressing foams Medical devices, drugs, or biologics that fall under the U.S. Food and Drug Administration’s (FDA) jurisdiction Veterinary products that are regulated by U.S. FDA, Department of Agriculture, or Environmental Protection Agency Products for public health, environmental, or water quality testing Product required to meet standards or requirements of the U.S. Department of Transportation, Federal Aviation Administration, National Aeronautics and Space Administration, the U.S. Department of Defense, or the Department of Homeland Security¹ Motor vehicles or motor vehicle equipment¹ Watercraft¹ Semiconductors Non-consumer electronics and lab equipment Equipment used in the manufacture or development of the above products
New Requirement	Prohibition on sale, offering for sale, or distribution of fabric treatments that do not contain intentionally added PFAS, but are sold or distributed in a fluorinated container or other container that contains intentionally added PFAS	01/01/2023
New Requirement	Sale, offering for sale, or distribution of any of the following products is prohibited if they contain intentionally added PFAS: Cleaning products Cookware Cosmetics Dental floss Juvenile products Menstrual products Textiles, except for outdoor apparel for wet conditions and textiles included in or a component of a watercraft, aircraft, or motor vehicle Ski wax Upholstered furniture Any of the above products, if they do not contain intentionally added PFAS but are sold or distributed in a fluorinated container or other container that contains intentionally added PFAS	01/01/2026
New Requirement	Sale, offering for sale, or distribution of any of the following products is prohibited if they contain intentionally added PFAS: Artificial turf Outdoor apparel for severe wet conditions unless the apparel is accompanied by a legible and easily discernable disclosure to include “Made with PFAS chemicals.”	01/01/2029
Prohibition on the sale and distribution of any product containing PFAS after 01/01/2030 unless the department has ruled the use as a currently unavoidable use.	Prohibition on the sale, offering for sale, or distribution of any product if it contains intentionally added PFAS (unless mentioned above in this table or unchanged in the initial law, e.g. carpets and rugs). The prohibition also applies to products that do not contain intentionally added PFAS but are sold or distributed in a fluorinated container or other container that contains intentionally added PFAS. Exemptions to this provision are made for: Used products Cooling, heating, ventilation, air conditioning (HVAC) and refrigeration equipment, including parts and servicing needs Refrigerants, foams, and aerosol propellants listed as acceptable, acceptable subject to use conditions, or acceptable subject to narrowed use limits by the U.S. EPA under certain statutes, provided that the product is sold, offered for sale, or distributed for a use listed pursuant to the programs	01/01/2032
New Requirement	Prohibition on the sale, offering for sale, or distribution of any of the following products if they contain intentionally added PFAS: Cooling, heating, ventilation, air conditioning and refrigeration equipment Refrigerants, foams, and aerosol propellants Any of the above products, if they do not contain intentionally added PFAS but are sold or distributed in a fluorinated container or other container that contains intentionally added PFAS Exemptions to this provision are made for: Products sold, offered for sale, or distributed as parts or for servicing either HVAC or refrigeration equipment, including refrigerants if it is listed as acceptable, acceptable subject to use conditions, or acceptable subject to narrowed use limits by the U.S. EPA under certain statutes, provided that the product is sold, offered for sale, or distributed for a use listed pursuant to the programs	01/01/2040
Currently unavoidable uses may be exempted by the department by rule.	Updates for currently unavoidable uses include: Products determined as such may be exempted from prohibitions for a period of time, either five years from the effective date of the rule establishing the currently unavoidable use OR five years from the effective date of the otherwise applicable prohibition—whichever is longer Manufacturers of such exempted product are subject to the notification requirement	Notification requirements: 01/01/2032

¹ except for textile articles or refrigerants included in or as a component part of such product

The requirements around certificates of compliance remain mostly unchanged. Parties impacted by the initial law should review the updates brought by the new amendment, including new prohibition timelines, obligations for unavoidable uses, and documentation requirements to determine required actions for compliance.

Resources

Maine Legislature: LD 1537

PFAS in Products, Maine Department of Environmental Protection

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