SG 007/25
The Maine Department of Environmental Protection (DEP) has released a proposed rule to implement its ‘Products Containing PFAS’ law. Comments are being accepted until January 28, 2025.
In December 2024, the Maine Department of Environmental Protection (DEP) announced a proposed rule under the state’s ‘Products Containing PFAS’ law (38 MRSA §1614, ‘the law’). Originally enacted in July 2021, the law was revised in April 2024 (SG 95/21, SG 71/24). It puts in place various sales prohibitions for products containing intentionally added per- and polyfluoroalkyl substances (PFAS) and reporting requirements where a currently unavoidable use (CUU) has been determined. The proposed rule filed under ‘Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances’ would be implementing provisions in the law.
Highlights of the proposed rule include:
- Provides additional definitions, such as ‘consumer products’, ‘electronics’ and ‘resilient floor covering’
- Provides additional explanations to definitions given in the law, such as ‘cookware product’ and ‘cosmetic product’
- Provides further details for reporting requirements for products subjected to a CUU determination, such as:
- Applicable only to manufacturers with greater than 100 employees
- Details the information to be provided in the notification
- Outlines the fee for each notification
- Details information required for proposals for CUU determinations, such as:
- Clarifies that proposals may be submitted by the manufacturer individually or collectively
- Clarifies that a separate proposal must be submitted for each individual combination of product category and the associated industrial sector
- Requires for the proposal be submitted no later than 18 months, but not earlier than 36 months, prior to the applicable sales prohibition
- Details the information to be provided in the proposal
- Clarifies that information provided to the DEP is a public record, unless designated as ‘proprietary’ by the submitter
Comments to the proposal will be accepted until January 28, 2025.
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