Gramlich, Ingwersen applaud BEP rulemaking on law to phase out PFAS-contaminated products

On Thursday, the Maine Board of Environmental Protection held a public hearing on a proposed rule regarding the unavoidable use of intentionally added PFAS in products.

The rule will help implement a law passed last year that was sponsored by Senator Henry Ingwersen, D-Arundel, and Assistant House Majority Leader, State Rep. Lori K. Gramlich, D-Old Orchard Beach, by establishing criteria for currently unavoidable uses of PFAS and implementing notification requirements.

“LD 1537 is the result of weeks of hard work and compromise between legislators, advocates, industry and the administration,” said Ingwersen. “When we came together to pass LD 1537 last year our intent was to protect public health and the environment from PFAS in a way that works for everyone. The proposed rule implementing that law does a good job reflecting that intent, and I thank the Board of Environmental Protection for their work thus far. What we are doing in Maine to lead on PFAS mitigation is taking us in the right direction, and we should not go backward. Multibillion-dollar corporations may grumble that it hurts their bottom line, but my only bottom line is the health and safety of folks in my district and throughout Maine.” 

“I am deeply grateful for the department staff, environmental and public health advocates, and industry stakeholders who have informed BEP’s critical work in drafting this rule,” said Gramlich. “Here in Maine, we’ve done nation-leading work to not only recognize the threat that PFAS chemicals pose, but to also take thoughtful, meaningful action. The bottom line is that we need to ensure that Mainers are protected against these harmful chemicals, and this rule will further strengthen our protections against unnecessary PFAS contamination and exposure.”

LD 1537, which was enacted unanimously by the Legislature last April, will phase out the sale of products containing PFAS in Maine. If the Department of Environmental Protection has found that the use of PFAS in a product is unavoidable, companies that manufacture those products must report on the amount of PFAS used in that product. The reporting requirement would not apply to retailers, or businesses with 100 or fewer employees.

Most products with intentionally added PFAS will be phased out from sale in Maine through Jan. 1, 2032, with an exemption for products that cannot avoid using PFAS. The sale of cooling, heating, ventilation, air conditioning and refrigeration equipment or products containing PFAS would be banned by Jan. 1, 2040.

The public comment period for this rulemaking will close on Jan. 28, 2025.

Gramlich is serving her fourth term in the Maine House representing Old Orchard Beach. Ingwersen is serving his second term in the Maine Senate representing Arundel, Biddeford, Dayton, Hollis and Lyman.