RV Industry Association Addressing Maine Reporting Deadline For PFAS Ban

UPDATE: In response to the letter sent by the RV Industry Association on December 16, 2022, the Maine Department of Environmental Protection sent a response stating the Department has determined that more time is needed to comply with the Subsection 1614(2)(A) requirements, and that it is appropriate to extend the deadline for the submission until six months after the effective date of the Department’s finally adopted rule for the companies who had signed onto the original letter.

Read the letter. 

On July 15, 2021, Maine Governor Janet Mills signed Legislative Document 1503 into law, to address environmental contamination of soil and water from perfluoroalkyl and polyfluoroalkyl substances (PFAS). This substance may be found in carpets, rugs and stain resistant or waterproof fabrics. The law was based on a 2020 report by a task force that the governor appointed to look into PFAS chemicals in the state. Among the eight recommendations found in the report was a directive to “identify and reduce” the use of PFAS chemicals within the state. The bill that followed sought to do just that, with a reporting deadline for the notification by manufacturers of products for sale in the State of Maine containing intentionally added PFAS, scheduled to go into effect on January 1, 2023.

While the Maine Department of Environmental Protection has not yet officially begun the rulemaking required under the law that will direct members of the regulated community on how to comply, the 2023 reporting deadline will impact millions of products and thousands of companies who are based in Maine, do business in Maine, or sell products into the Maine marketplace.

In response to the legislation, and the January 1, 2023, reporting deadline, the RV Industry Association has prepared a letter requesting that the Maine Department of Environmental Protection extend the reporting deadline 24 months after the date on which the final data reporting system and final rule become available. This extension would only apply to those member companies that sign-on to the letter.

For reference, the law does the following (in chronological order):

• January 1, 2023: A manufacturer of any product sold in Maine that includes any PFAS chemicals must disclose to the Maine Department of Environmental Protection the uses of each PFAS in the product, the amount of each PFAS chemical used, contact info for the manufacturer, along with any other info as requested;  Importantly, however, in Section 7 of the law, it stipulates that a product cannot be sold in the state without first filing the chemical use disclosure due on January 1, 2023, unless the Maine Department of Environmental Protection exempts the product from this prohibition as a currently unavoidable use.
• January 1, 2023: The sale of any carpet or rug (defined as fabric intended as floor covering) or fabric treatment (defined as substances applied to fabric to lend qualities of stain resistance or waterproofness) that contains PFAS chemicals is banned.
• January 1, 2023, through January 1, 2030: the Maine Department of Environmental Protection is allowed to target any other specific product for early regulation if they determine that the PFAS uses are likely to contaminate waters or lands in Maine.
• January 1, 2030: Any product containing any PFAS chemical cannot be sold in the state UNLESS the Maine Department of Environmental Protection has granted a specific waiver that the usage is currently unavoidable. The Maine Department of Environmental Protection can specify specific product categories in which it has determined PFAS use is currently unavoidable.

On the second point, the Maine Department of Environmental Protection is expected to adopt language in their rules that says carpet and rugs are floor coverings designed for use in commercial and residential buildings, and not applying to vehicles.

A bill (AB2247) in California this year that would have sought further regulation of PFAS chemicals was vetoed by Governor Newsom in September. It is important to note that it was vetoed because it required expenditures that were not included in the state budget and because the U.S. EPA is currently undertake a rulemaking to require reporting of PFAS, thus making the California bill premature.

The RV Industry Association will be sending the letter to the Maine Department of Environmental Protection on Friday, December 16. If your company is required to comply with this law and would like an extension, please contact Assistant General Counsel, Kyle Correa-Brady and Director, State Government Affairs, Mike Ochs, by Wednesday, December 14 to be included. This extension would only apply to those member companies that sign-on to the letter.

If you miss the above deadline, RV Industry Association members can individually apply for an extension of the January 1, 2023, reporting deadline by contacting the Maine Department of Environmental Protection. Extensions are expected to be granted quickly. In your email, provide your company name, contact information and a simple written request for an extension of the January 1, 2023, PFAS reporting requirement.