The Maine Department of Environmental Protection (MDEP) has updated its frequently asked questions (FAQ) regarding per- and polyfluoroalkyl substances (PFAS) in products to reflect LD 217, “An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances” (Act). MDEP states that the Act has extended the implementation date for product reporting, requiring manufacturers of products with intentionally added PFAS to report the intentionally added presence of PFAS in those products to MDEP beginning January 1, 2025. According to MDEP, “the Environment and Natural Resources Committee is planning to hold public meetings later this year to discuss additional issues, with the possibility of reporting out another bill with further changes in 2024.”
As reported in our June 9, 2023, blog item, the Act authorizes reporting the amount of total organic fluorine if the amount of each PFAS compound is not known. The Act allows 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.