Maine Pivots Towards Risk-Based PFAS Management with LD1537
On April 16, 2024, Maine Governor Janet Mills took a pivotal step towards reshaping the state’s first-in-the-nation PFAS in Products program by signing LD1537 into law. Among the changes made in the bill are the elimination of the broad-based product reporting requirement and automatic product bans, and the establishment of a series of risk-based exemptions for the 2032 product ban. Importantly, LD1537 recognizes the essential role that some PFAS play in the economy and society by allowing their continued use in a range of critical products and applications.
“The need to address high-risk PFAS is urgent, and this legislation marks a critical first step towards enhancing the effectiveness of Maine’s PFAS in Products Program through a sustainable, risk-based management approach,” said Kevin Fay, Executive Director at the Sustainable PFAS Action Network (SPAN).
The push to pass LD1537 stemmed from a bipartisan recognition, voiced by Maine’s business community and lawmakers, that a class-based approach to PFAS management posed insurmountable administrative and compliance challenges and ignored detrimental impacts to society and the economy. This shift signifies a broader trend among states toward adopting sustainable, risk-based policies to more effectively manage PFAS compounds.
“This legislation preserves access to a range of products essential to Mainers and the state’s economy, including life-saving medical devices and pharmaceuticals, personal electronics, cars and trucks, and energy-efficient heat pumps. While a great deal of work remains to ensure the success of this program, the Sustainable PFAS Action Network commends the Department of Environmental Protection and the legislature for their continued leadership to responsibly manage PFAS,” said Fay.
Even with this progress, Maine’s PFAS program still leaves open the possibility that many products essential for everyday life or that are necessary for say, environmental stewardship, could be banned under the PFAS in Products program. Think batteries for all kinds of electronics, renewable energy generation equipment, or durable personal protective equipment. Maine DEP must still develop functional processes to determine essential use exemptions and which products constitute “currently unavoidable uses” of PFAS. Getting these processes right will ultimately determine the success of the program. State regulators should have the necessary resources to hire and train scientists to make appropriate science -and risk-based decisions regarding public and environmental health.
And while the law allows for the continued use of planet-saving low global warming potential (GWP) refrigerants and compounds used in HVACR equipment and parts, refrigerants, foams, and aerosol propellants, these products face an arbitrary ban in 2040. These substances are not even included in the current U.S. EPA Federal definition of PFAS compounds. Since some PFAS compounds have no known alternatives, these products are essential today and expected to be essential decades from now - not just until 2040. SPAN urges that PFAS management decisions be based on toxicity testing and data related to volume and emissivity of uses.
While LD1537 represents a significant step forward, SPAN is committed to engaging lawmakers and Maine DEP to help safeguard the essential applications of PFAS compounds and empower the state to preserve competitiveness in the global economy, all while bolstering human health and safety.