Maine’s Difficulties Implementing its PFAS Law Could Foreshadow Similar Issues Nationwide

Maine recently delayed the January 2024 implementation of a first-of-its-kind law requiring manufacturers to disclose PFAS in products sold in the state, effectively banning PFAS in most such products by 2030.

Manufacturers of products containing PFAS now have until January 2025 to report them. Meanwhile, Maine also created two reporting exemptions — one for businesses employing 25 or fewer people and one when a sale involves a used product or component.

In response to the State Legislature’s action, the Maine Department of Environmental Protection (DEP) suspended rulemaking regarding how and what manufacturers must report about using PFAS in products sold in Maine. The process had not been proceeding smoothly prior to that; DEP had already approved 2,700 filing extensions as of January 1, 2023.  And Maine’s PFAS rulemaking should have been completed by January 2023 but was not for various reasons, including insufficient DEP staff devoted to the issue.

Author: Goldberg Segalla – JDSupra