revised 8-2019 
Rulemaking Fact Sheet  
(5 MRSA §8057-A)  
 
AGENCY: Department of Environmental Protection  
 
NAME, ADDRESS, PHONE NUMBER, EMAIL OF AGENCY CONTACT PERSON: 
 
Mark Margerum 
Mark.T.Margerum@Maine.Gov  
17 Statehouse Station 
Augusta, ME  04333-0017 
207-287-7842 
 
CHAPTER NUMBER AND RULE TITLE: 
 
06-096 ch. 90 Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances 
 
TYPE OF RULE (check one) :  Routine Technical  Major Substantive 
 
STATUTORY AUTHORITY: 38 M.R.S. §1614 
 
DATE, TIME AND PLACE OF PUBLIC HEARING: 
 
April 20, 2023, 9:00 A.M., at the Augusta Civic Center, 76 Community Drive, Augusta, Maine. 
 
COMMENT DEADLINE: 
 
May 19, 2023, 5:00 PM 
 
PRINCIPAL REASON(S) OR PURPOSE FOR PROPOSING THIS RULE:  [ see §8057-A(1)(A)&(C)] 
 
The Department is proposing a new rule: Chapter 90: Products Containing Perfluoroalkyl and 
Polyfluoroalkyl Substances. The rule provides additional guidance on the notification requirements and 
sales prohibitions for products and product components containing intentionally added PFAS pursuant to 
38 M.R.S. §1614. 
 
IS MATERIAL INCORPORATED BY REFERENCE IN THE RULE?        YES    X NO  [§8056(1)(B)] 
 
ANALYSIS AND EXPECTED OPERATION OF THE RULE:  [ see §8057-A(1)(B)&(D)] 
 
The proposed rule provides additional guidance on the reporting requirements for manufacturers of products 
with intentionally added PFAS. The rule also provides additional guidance on the sale prohibitions 
regarding carpets and rugs, and fabric treatments, that contain intentionally added PFAS beginning on 
January 1, 2023. Effective January 1, 2030, any product containing intentionally added PFAS may not be 
sold in Maine unless the use of PFAS in the product is specifically designated as a currently unavoidable 
use by the Department through a future major substantive rulemaking. 
 
BRIEF SUMMARY OF RELEVANT INFORMATION CONSIDERED DURING DEVELOPMENT OF 
THE RULE (including up to 3 primary sources relied upon) [ see §§8057-A(1)(E) & 8063-B] 
 
In developing the rule, the Department relied on its experience in implementing related programs.   
During rule development, the Department held two public outreach sessions in June and October where 
concept drafts were discussed. These meetings were attended by several hundred interested parties and the 
Department received a significant number of substantive comments as a result. Based on those comments, 
the Department made numerous revisions throughout the draft resulting in the proposed rule. 
 
 
ESTIMATED FISCAL IMPACT OF THE RULE:   [ see §8057-A(1)(C)] 
 
No significant fiscal impact to municipalities is anticipated. The rule will have an economic impact on 
businesses who manufacture or sell in Maine products containing intentionally added PFAS, as described 
below. 
 
 
FOR EXISTING RULES WITH FISCAL IMPACT OF $1 MILLION OR MORE, ALSO INCLUDE:  
 
 ECONOMIC IMPACT, WHETHER OR NOT QUANTIFIABLE IN MONETARY TERMS: 
 [see §8057-A(2)(A)] 
 
The program will have broad economic impacts for businesses based both inside and outside the 
State of Maine. Total impact will differ greatly depending on the number of products subject to the 
notification requirement and total sales volumes for products subject to a sales prohibition.  
  
  
 INDIVIDUALS, MAJOR INTEREST GROUPS AND TYPES OF BUSINESSES AFFECTED 
AND HOW THEY WILL BE AFFECTED:  [ see §8057-A(2)(B)] 
  
Any manufacturer or seller of products which contain intentionally added PFAS will be impacted; 
there are a significant number of businesses that will be subject to this rule, including those whose 
product may unknowingly contain intentionally added PFAS by way of product components.  
  
  
 BENEFITS OF THE RULE:   [ see §8057-A(2)(C)] 
 
The rule will provide the Department with information to understand the sources of PFAS in the 
Maine environment while prohibiting the sales of products most likely to contribute to such 
contamination.   
  
Note:  If necessary, additional pages may be used.