An Act To Implement Recommendations Regarding the Regulation of Firefighting or Fire-suppressing Foams to Which Perfluoroalkyl and Polyfluoroalkyl Substances Have Been Intentionally Added
Maine Legislature, Session 130, LD 2020
Committee: Environment and Natural Resources
Amends: 38 MRSA §424-C

Legislative Document
No. 2020
H.P. 1502
House of Representatives, March 9, 2022
An Act To Implement Recommendations Regarding the Regulation 
of Firefighting or Fire-suppressing Foams to Which Perfluoroalkyl 
and Polyfluoroalkyl Substances Have Been Intentionally Added
Reported by Representative TUCKER of Brunswick for the Joint Standing Committee on 
Environment and Natural Resources pursuant to Public Law 2021, chapter 449, section 2.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §424-C, sub-§4, as enacted by PL 2021, c. 449, §1, is amended 
to read:
4.  Manufacture, sale and distribution prohibited.  Beginning January 1, 2022, a 
person may not manufacture, sell, offer for sale, distribute for sale or distribute for use in 
the State a firefighting or fire-suppressing foam to which PFAS have been intentionally 
added, except when:
A.  Such foam is manufactured, sold or distributed for use at an oil terminal facility in 
the State.  As used in this paragraph, "oil terminal facility" has the same meaning as in 
section 542, subsection 7.
This paragraph is repealed January 1, 2025; or
B.  Such foam is manufactured, sold or distributed for use at an airport in the State, as 
long as the foam is required by federal law or regulation to be used at airports for 
firefighting or fire-suppressing purposes, including, but not limited to, as required by 
Code of Federal Regulations, Section 139.317 as that section existed on January 1, 
2021.  If, on or after January 1, 2022, no federal law or regulation requires the use of 
such foam at airports for firefighting or fire-suppressing purposes, the exception in this 
paragraph to the prohibition in this subsection does not apply.; or
C.  Such foam is manufactured, sold or distributed for a marine defense application and 
the use of the foam is required by the United States Department of Defense.
A person that manufactures for sale or distribution in the State a firefighting or fire-
suppressing foam shall, upon the request of the department, provide the department with a 
certificate of compliance certifying that the foam does not contain intentionally added 
PFAS or is excepted from the prohibition in this subsection under paragraph A, B or C.
SUMMARY
This bill, which is reported out by the Joint Standing Committee on Environment and 
Natural Resources pursuant to Public Law 2021, chapter 449, section 2, implements 
recommendations pursuant to the report required by chapter 449 regarding the regulation 
of firefighting or fire-suppressing foams to which perfluoroalkyl and polyfluoroalkyl 
substances, or PFAS, have been intentionally added.
The bill amends the law regulating firefighting and fire-suppressing foams to which 
PFAS have been intentionally added to provide that the prohibition on the manufacture, 
sale and distribution of such foams does not include foams manufactured, sold or 
distributed for a marine defense application if the use of the foam is required by the United 
States Department of Defense.  The bill also amends that law to provide that a person that 
manufactures for sale or distribution in the State a firefighting or fire-suppressing foam 
must, upon the request of the Department of Environmental Protection, provide the 
department with a certificate of compliance certifying that the foam does not contain 
intentionally added PFAS or is otherwise excepted from the state prohibition.
The committee has not taken a position on the substance of the bill and by reporting 
this bill out the committee is not suggesting and does not intend to suggest that it agrees or 
disagrees with any aspect of this bill.  The committee is reporting the bill out for the sole 
purpose of obtaining a printed bill that can be referred to the committee for a public hearing 
and subsequent committee action in the normal course.