SPAN Urges Maine to Pause PFAS Rulemaking in Anticipation of Release of Federal Rules
FOR IMMEDIATE RELEASE
April 20, 2023
Contact: carbo@s-3group.com
WASHINGTON – Today, the Sustainable PFAS Action Network (SPAN) presented testimony at a hearing of the Department of Environmental Protection regarding PFAS management in the state of Maine. SPAN is a coalition of industry stakeholders who advocate for responsible and science-based policies to sustainably manage PFAS compounds.
“SPAN is committed to working with DEP and legislators to find a sustainable and effective program for PFAS management in Maine,” SPAN said in testimony. “We recognize the importance of identifying and remediating contaminated sites in a way that effectively protects Maine residents. However, the current draft rules for the PFAS in Products notification program is overly broad, premature, and will do little to address existing contamination issues. It is critical that DEP allow the US Environmental Protection Agency to finalize rules on the upcoming PFAS notification program, which are expected this year. Allowing the federal government to lead this process will alleviate many of the problems that have caused such confusion with the implementation of the PFAS in Products program.”
SPAN is committed to the sustainable use and acceptable management of PFAS compounds while recognizing their essential role in enabling economic prosperity, delivery of lifesaving equipment and medicine, climate change mitigation, and national security among many other important applications. A recent economic study conducted by Inforum found that six key industries reliant on PFAS compounds - aerospace manufacturing, automotive manufacturing, battery manufacturing, medicine and pharmaceutical manufacturing, refrigeration and AC manufacturing, and semiconductor manufacturing – support 6.2 million manufacturing jobs and contributes more than $1 trillion to the U.S. economy.
The full text of the testimony is available below:
Thank you to the Department of Environmental Protection for holding this hearing today and allowing the opportunity to testify. The Sustainable PFAS Action Network (SPAN) is a coalition of PFAS users and producers that are committed to sustainable, risk-based PFAS management. Our members advocate for responsible policies grounded in science that provide assurance of long-term human health and environmental protection while recognizing the critical need for certain PFAS materials as a direct contributor to US economic growth and competitiveness in global markets.
SPAN is committed to working with DEP and legislators to find a sustainable and effective program for PFAS management in Maine. We recognize the importance of identifying and remediating contaminated sites in a way that effectively protects Maine residents. However, the current draft rules for the PFAS in Products notification program is overly broad, premature, and will do little to address existing contamination issues. As we have seen, this class-based approach to PFAS management causes confusion in the marketplace and encourages noncompliance with the statute. The need for reform is critical to both effectively protect the health and environment of residents and ensure Maine’s status as an economically viable state.
In addition to putting a greater focus on contamination remediation, SPAN encourages the adoption of a more targeted definition of PFAS. Narrowing the definition will help Maine employers comply with the statute, and regulators more effectively identify compounds responsible for contamination issues. This will also ensure that the greatest focus is on the high-risk and high-emissive compounds that are likely to be most responsible for environmental issues.
SPAN also encourages clarification on the essential-use exemption process included in the draft rules. This inclusion, while important, is too narrow in defining what would be considered federal preemption. Many of the compounds that would be regulated under the current statute have undergone modern toxicological testing, and have been deemed acceptable for their intended use by federal government agencies, yet may not be considered preemptive under the draft rules’ stringent guidelines. Critical Maine sectors such as aerospace and shipbuilding would be adversely impacted by the lack of a clear essential-use exemption process.
It is critical that DEP allow the US Environmental Protection Agency to finalize rules on the upcoming PFAS notification program, which are expected this year. Allowing the federal government to lead this process will alleviate many of the problems that have caused such confusion with the implementation of the PFAS in Products program. Thank you for the opportunity to testify today, and please contact SPAN with any additional comments or questions.
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. In the United States, the Environmental Protection Agency (EPA) has identified more than 10,000 materials that are likely to meet the broadest definition of PFAS. However, the number of compounds currently commercially manufactured or used in the United States today is closer to 700. 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.
More information about SPAN and industries they support is available by visiting www.span.org.
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