Bill to continue phase out of PFAS-contaminated products receives committee support

AUGUSTA — On Thursday, the Environment and Natural Resources Committee voted in favor of LD 1537, “An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution and to Provide Additional Funding,” sponsored by Sen. Henry Ingwersen, D-Arundel. An amended version of the bill received a vote of 6 – 5 with 2 members absent.

LD 1537 updates and furthers the work of LD 1503, “An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution,” sponsored by Rep. Lori Gramlich, D-Old Orchard Beach, which passed in 2021.

“The amended version of this bill represents a true compromise between all stakeholders. We know PFAS contamination is a major public health and environmental crisis. We know we need to slow the amount of PFAS coming into our state as we invest in remediation efforts. This bill puts us on the right path to protect Maine people, Maine businesses and our natural resources,” said Sen. Ingwersen. “I thank the committee for their diligent work on this bill, and I’m eager to see it passed into law.”

“The compromise we reached today strikes an important balance that addresses the concerns of Maine businesses without backtracking on our commitment to protecting the health and environment of all Mainers,” said Rep. Gramlich. “Since the PFAS crisis first came to our attention, Maine has been an international leader in combating this issue, setting an example for other states to follow. This legislation will make it easier for businesses to comply with the law while still ensuring that we remain diligent in our efforts to prevent further contamination across the state.”

As amended, LD 1537 would phase out the sale of products containing PFAS. If the Department of Environmental Protection has found that a product has an unavoidable use of PFAS, companies that manufacture those products must report on that PFAS contamination. The reporting requirement would not apply to retailers, or businesses with 100 or fewer employees.

Most products with intentionally added PFAS would be phased out from sale in Maine through Jan. 1, 2032, with an exemption for products that cannot avoid using PFAS. The sale of cooling, heating, ventilation, air conditioning and refrigeration equipment or products containing PFAS would be banned by Jan. 1, 2040.

The amendment makes exemptions for products in the following categories:

• A product required to meet standards or requirements of the Federal Aviation Administration, the National Aeronautics and Space Administration, the United States Department of Defense or the United States Department of Homeland Security — excluding textiles and HVAC-related equipment
• A motor vehicle, all-terrain, side-by-side vehicle, farm equipment or personal assistive mobility device, or vehicle equipment — excluding textiles and HVAC-related equipment
• A watercraft or seaplane — excluding textiles and HVAC-related equipment
• A semiconductor
• Non-consumer electronics and non-consumer laboratory equipment 
• Equipment directly used in the manufacture or development of the products described above
• Firefighting and fire-suppressing foam
• Prosthetic and orthotic devices, medical devices and drugs that are already regulated by or under the U.S. Food and Drug Administration
• Veterinary products intended for use in animals if they are already regulated by or under certain federal agencies — excluding veterinary drugs administered to animals that will be consumed by humans

“To comprehensively support Maine’s farmers and protect our agricultural land, we must slow the rate at which PFAS are entering the environment – eventually stopping it altogether. We appreciated the PFAS source reduction measures and goals included under LD 1503 in the 130th Legislature and also appreciate efforts this session to ensure that the Maine law is realistic, focused, and fair,” said Shelley Megquier, of Maine Farmland Trust, in testimony supporting LD 1537. “Ultimately, while we work together to mitigate the existing problem of PFAS contamination, we need to identify and implement solutions to turn off the PFAS tap all the way upstream before the chemicals enter our state.”

The bill now faces votes before the full Senate and House.

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