SPAN Submits Initial Comments on Maine’s PFAS in Products Program: New Concept Draft Language
On August 30, 2024, the Sustainable PFAS Action Network (SPAN) submitted its initial comments to the Maine Department of Environmental Protection (DEP) in response to the new Concept Draft language for the PFAS in Products program, which reflects the more risk-based changes made by the bipartisan passage of LD1537 this year.
SPAN addressed several key features of the Concept Draft based on the Maine DEP's request for input to help enhance the program’s implementation. Below is a brief, abbreviated summary:
Notification and Reporting Provisions: SPAN recommends that further guidance and flexibility should be provided for reporting PFAS in complex products, including chemical identity and content levels, and ranges should be set in advance. Manufacturers should be able to rely on component notifications for more transparent processes.
Exemptions and Exclusions: SPAN seeks further clarification on the scope of exemptions, including for packaging, semiconductors, and used products. SPAN recommends DEP provide clear guidance in the proposed rule, particularly for items like military materials, motor vehicles, and products manufactured before the rule’s effective date.
Currently Unavoidable Use Process: SPAN encourages DEP to consider accepting CUU applications as soon as possible, and to provide guidance at the time of the proposed regulation concerning information that should be provided with such applications. SPAN recommends that DEP consider issuing categorical CUUs more promptly using information from previous comment periods. This approach could reduce resource burdens on DEP by leveraging existing data, thus facilitating quicker and more efficient CUU designations.
Additionally, SPAN suggests that DEP clarify the basis for the $5,000 fee proposal and consider more reasonable fee levels. SPAN requests DEP consider clarifying the scope of the products and materials that will be subject to the scheduled prohibitions taking effect in 2040 and suggests DEP engage with experts from the potentially affected industries (e.g., cooling, heating, ventilation, air conditioning or refrigeration) to gain a comprehensive understanding of the current chemistries in use in those sectors.
SPAN’s responses to DEP represent its initial feedback, with additional comments to be provided later, including after the proposed rule is released.
SPAN appreciates the opportunity to submit these comments and remains committed to working with lawmakers and Maine DEP to help advance policies that protect human health and the environment while acknowledging the importance of PFAS compounds in vital industries.
Please refer to the full comment letter available here for a detailed overview of these specific points.
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ABOUT SPAN
Formed in 2021, SPAN members recognize that America’s innovators and industries depend on the responsible management of PFAS compounds. The organization supports science- and risk-based policy approaches that recognize the unique differences of these compounds. Recognizing the essential role of PFAS compounds in enabling economic prosperity, delivering lifesaving equipment and medicine, climate change mitigation, and national security, among many other important applications, SPAN is committed to their sustainable use and responsible management.