Maine Updates PFAS Notification Requirements

On 8 June 2023 Maine adopted An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), which amends the PFAS product notification requirements originally set out in Maine’s Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. The updates include postponing the deadline for notification to 1 January 2025 and other changes.

3E Review 

The amendment to Maine’s PFAS product notification requirements includes the following

• Notification is delayed until 1 January 2025.
• Clarifies that PFAS with no CAS RNs are not exempt and must be notified using another identifier.
• Allows notifiers to report total organic fluorine if the amount of each PFAS is unknown.
• In addition to previous data requirements, the estimated number of product units must be reported.
• Companies employing 25 or fewer people are exempt from notification.

In addition to the product notification amendments, Maine updated its frequently asked questions webpage. Other changes and clarifications of the requirements are in the works. Maine intends to hold webinars on product notification requirements in the fall.

Summary of Product Notification Requirements

Beginning 1 January 2025 manufacturers of consumer, commercial, and industrial products sold in Maine containing intentionally added PFAS must submit a product notification and pay product notification fees to the Maine Department of Environmental Protection. Reports must be filed directly with the department using the online reporting tool when it becomes available. “PFAS” means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. Domestic manufacturers or persons whose brand name is legally affixed to the product, importers, or the domestic distributor of the product, whichever is first to sell, offer for sale, or distribute the product (including through online sales platforms) into Maine, are responsible for the notification. The following must be provided with the notification:

• Product description (GPC Brick, HTS, Stock No., or product code)
• Estimated number of product units
• Type of product and use
• Purpose of PFAS in the product
• Name, CAS RN, concentration, or exact amount of PFAS or total organic fluorine if exact amount of PFAS is unknown (concentration or amount must be determined by commercially available analytical methods or based on supplier information)
• Name and address of company and name, address, phone, and email of company official
• Notification fee of $250 for the first three notifications and $50 for each additional notification (no fees required for updated notifications)
• Confidentiality claim if applicable.

Electronic reports using the online reporting tool are due 90 days after the final rule effective date, or prior to sale of a new product, and after a significant product change (change in PFAS chemical or amount or change in contact information). Decreases in PFAS content or discontinued sales may be voluntarily reported.

The following exemptions or partial exemptions may apply:

• Waivers may be granted if the required data is already publicly available.
• Complex products that contain a component containing PFAS must notify but may refer to the notification of the component.
• Used products are exempt from notification.
• Products regulated and preempted by federal law (none currently identified).
• Packages for a product except when the package is the product of the manufacturer.

3E Analysis 

All companies selling products in Maine must determine if their products contain PFAS and, if so, must test products or obtain test data to determine the concentration or quantity of PFAS or total organic fluorine, complete product notification, and plan to obtain an essential use waiver, reformulate, or discontinue sales of products by the phaseout deadlines. Additional information can be found on the Maine PFAS in Products webpage.

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