An Act To Require Reporting of Perfluoroalkyl and Polyfluoroalkyl Substances, PFAS, in Products and of Discharges of Firefighting Foam Containing PFAS
Maine Legislature, Session 129, LD 2147
Committee: Environment and Natural Resources
Sponsors: INGWERSEN
Amends: 38 MRSA §417-B, 38 MRSA §1310-B, 38 MRSA §1612

Legislative Document
No. 2147
H.P. 1536
House of Representatives, March 10, 2020
An Act To Require Reporting of Perfluoroalkyl and Polyfluoroalkyl 
Substances, PFAS, in Products and of Discharges of Firefighting 
Foam Containing PFAS
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative INGWERSEN of Arundel.  (GOVERNOR'S BILL)
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §417-B is enacted to read:
§417-B.  Reporting discharges of aqueous film-forming foam
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Aqueous film-forming foam" or "AFFF" means a fire suppressant foam 
containing fluorinated surfactants intended for extinguishing flammable liquid fires.
B.  "Discharge" includes, but is not limited to, any spilling, leaking, pumping, 
pouring, spraying, emitting, disposing, escaping, emptying or dumping, whether 
intentional or unintentional.
C.  "Person" means any natural person, firm, association, partnership, corporation, 
trust, the State and any agency of the State, governmental entity, quasi-governmental 
entity, the United States and any agency of the United States and any other legal 
entity.
2.  Reporting.  A person causing a discharge of AFFF into or upon any coastal 
waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the State, or into 
or upon any lake, pond, river, stream, sewer, surface water drainage, ground water or 
other waters of the State or any public or private water supply or onto lands adjacent to, 
on or over such waters of the State shall report the discharge to the department as soon as 
practicable, but no later than 24 hours after the discharge occurs.
Sec. 2.  38 MRSA §1310-B, sub-§2, as amended by PL 2019, c. 291, Pt. B, §1, is 
further amended to read:
2.  Hazardous waste information and information on mercury-added products 
and electronic devices; chemicals; recyclables Information designated as 
confidential.  Information relating to hazardous waste submitted to the department under 
this subchapter, information relating to mercury-added products submitted to the 
department under chapter 16-B, information relating to electronic devices submitted to 
the department under section 1610, subsection 6-A, information related to products 
containing PFAS, as defined in section 1612, subsection 1, submitted to the department 
under section 1612, information related to priority toxic chemicals submitted to the 
department under chapter 27, information related to products that contain the "deca" 
mixture of polybrominated diphenyl ethers submitted to the department under section 
1609 or information related to reporting on reportable recyclable materials submitted to 
the department under section 2145 may be designated by the person submitting it as being 
only for the confidential use of the department, its agents and employees, the Department 
of Agriculture, Conservation and Forestry and the Department of Health and Human 
Services and their agents and employees, other agencies of State Government, as 
authorized by the Governor, employees of the United States Environmental Protection 
Agency and the Attorney General and, for waste information, employees of the 
municipality in which the waste is located.  The designation must be clearly indicated on 
each page or other portion of information.  The commissioner shall establish procedures 
to ensure that information so designated is segregated from public records of the 
department.  The department's public records must include the indication that information 
so designated has been submitted to the department, giving the name of the person 
submitting the information and the general nature of the information.  Upon a request for 
information, the scope of which includes information so designated, the commissioner 
shall notify the submittor.  Within 15 days after receipt of the notice, the submittor shall 
demonstrate to the satisfaction of the department that the designated information should 
not be disclosed because the information is a trade secret or production, commercial or 
financial information, the disclosure of which would impair the competitive position of 
the submittor and would make available information not otherwise publicly available.  
Unless such a demonstration is made, the information must be disclosed and becomes a 
public record.  The department may grant or deny disclosure for the whole or any part of 
the designated information requested and within 15 days shall give written notice of the 
decision to the submittor and the person requesting the designated information.  A person 
aggrieved by a decision of the department may appeal only to the Superior Court in 
accordance with the provisions of section 346.  All information provided by the 
department to the municipality under this subsection is confidential and not a public 
record under Title 1, chapter 13.  In the event a request for such information is submitted 
to the municipality, the municipality shall submit that request to the commissioner to be 
processed by the department as provided in this subsection.
Sec. 3.  38 MRSA §1612 is enacted to read:
§1612.  Products containing PFAS
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Final product" means any product, including its components, sold or distributed 
for personal, residential, commercial or industrial use, including materials used to 
manufacture other products.
B.  "Intentionally added PFAS" means PFAS added to a final product or one of its 
product components to provide a specific characteristic, appearance or quality or to 
perform a specific function.  "Intentionally added PFAS" includes any degradation 
by-products of those PFAS.
C.  "Manufacturer" means any person who created a final product or whose brand 
name is affixed to the product. In the case of a product that was imported into the 
United States, "manufacturer" includes the importer or first domestic distributor of 
the product if the person who manufactured or assembled the product or whose brand 
name is affixed to the product does not have a presence in the United States.
D.  "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means any member of 
the class of fluorinated organic chemicals containing at least one fully fluorinated 
carbon atom.
E.  "Product" means an item manufactured, assembled, packaged or otherwise 
prepared for sale to consumers.
F.  "Product component" means a portion of a final product.  A product component 
may be created by the same manufacturer that created the final product or by a 
different manufacturer.
2.  Notification.  The following provisions govern notification.
A.  Effective January 1, 2023, a manufacturer of a final product for sale in the State 
that contains intentionally added PFAS shall submit to the department a written 
notification, unless the notification requirement is waived by the department pursuant 
to this section.  The written notification must include:
(1)  A brief description of the final product;
(2)  The purpose for which PFAS are used in the final product, including its 
product components;
(3)  The amount of PFAS, by individual chemical abstracts service registry 
number, in each final product, reported as an exact quantity determined using 
commercially available analytical methods or as falling within a range approved 
for reporting purposes by the department; and
(4)  The name and address of the manufacturer, and the name, address and phone 
number of a contact person for the manufacturer.
B.  With the approval of the department, a manufacturer may supply the information 
required in paragraph A for a product category rather than an individual final product.
C.  The manufacturer shall update and revise the information in the written 
notification whenever there is significant change in the information, as set forth in 
department rules adopted under subsection 9, or when requested by the department.
3.  Waiver of notification; extension of deadline.  The department may waive all or 
part of the notification requirement under subsection 2 if the department determines that 
substantially equivalent information is already publicly available. The department may 
extend the deadline for submission by a manufacturer of the information required under 
subsection 2 if the department determines that more time is needed by the manufacturer 
to comply with the submission requirement.
4.  Exemptions.  The following provisions govern exemptions.
A.  A retailer is exempt from subsection 6 unless that retailer knowingly sells a 
product containing PFAS after that retailer has received notification in accordance 
with subsection 7, paragraph B.
B.  The following products are exempt from this section:
(1)  A final product for which federal law governs notice of the presence of PFAS 
in the product in a manner that preempts state authority; and
(2)  A product subject to Title 32, chapter 26-A or 26-B.
5.  Fees.  The department may assess a fee payable by a manufacturer upon 
submission of the notification required under subsection 2 to cover the department's 
reasonable costs in managing the information collected. Fees must be established in 
department rules as set forth in subsection 9.
6.  Failure to provide notice.  A final product containing PFAS may not be sold, 
offered for sale or distributed for sale in this State if the manufacturer has failed to 
provide information required under subsection 2. The department shall exempt a final 
product from this prohibition if, in the department's judgment, the lack of availability of 
the final product could pose an unreasonable risk to public health, safety or welfare.
7.  Certificate of compliance.  If the department has evidence that a final product is 
being offered for sale in violation of this section, the department may request the 
manufacturer of the final product to provide a certificate of compliance with this section. 
Within 30 days of receipt of a request under this subsection, the manufacturer shall:
A.  Provide the department with the certificate of compliance attesting that the final 
product does not contain intentionally added PFAS; or
B.  Notify persons who sell the final product in this State that the sale of the final 
product is prohibited and provide the department with a list of the names and 
addresses of those notified.
8.  Confidentiality.  Information submitted to the department pursuant to this section 
is subject to the confidentiality provisions under section 1310-B.
9.  Rules.  The department shall adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
SUMMARY
This bill requires manufacturers of products with intentionally added perfluoroalkyl 
and polyfluoroalkyl substances to report the presence of those substances in those 
products to the Department of Environmental Protection beginning in 2023.  This bill also 
requires any person who causes a discharge of aqueous film-forming foam into waters of 
the State to report that discharge to the department within 24 hours.