An Act To Prohibit the Contamination of Clean Soils with So-called Forever Chemicals
Maine Legislature, Session 130, LD 1911
Committee: Environment and Natural Resources
Sponsors: PLUECKER, BRENNER, FAY, FECTEAU, GRAMLICH, RUDNICKI, BENNETT, HICKMAN, MAXMIN
Amends: 38 MRSA §1304

Legislative Document
No. 1911
H.P. 1417
House of Representatives, January 5, 2022
An Act To Prohibit the Contamination of Clean Soils with So-called 
Forever Chemicals
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Senator BRENNER of Cumberland and
Representatives: FAY of Raymond, Speaker FECTEAU of Biddeford, GRAMLICH of Old 
Orchard Beach, RUDNICKI of Fairfield, Senators: BENNETT of Oxford, HICKMAN of 
Kennebec, MAXMIN of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1304, sub-§13-E is enacted to read:
13-E.  Sludge and sludge-derived compost; perfluoroalkyl and polyfluoroalkyl 
substances testing.  The department may not license the land application or distribution of 
sludge or sludge-derived compost unless:
A.  The sludge or sludge-derived compost is tested for all perfluoroalkyl and 
polyfluoroalkyl substances that may reasonably be quantified by a laboratory certified 
under the program established under Title 22, section 567; and
B.  The screening level for a perfluoroalkyl and polyfluoroalkyl substance that is in the 
sludge or sludge-derived compost and for which the department has established by rule 
a screening level for beneficial use does not exceed the screening level for beneficial 
use established by the department.
The board shall adopt rules to implement this subsection that include, but are not limited 
to, a requirement that sludge and sludge-derived compost intended for land application or 
distribution be tested at least annually.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.  For the purposes 
of this subsection, "perfluoroalkyl and polyfluoroalkyl substance" means any member of 
the class of fluorinated organic chemicals containing at least one fully fluorinated carbon 
atom and "sludge-derived compost" means compost material that included sludge in its 
production.
Sec. 2.  Rulemaking; Appendix A screening levels for perfluoroalkyl and 
polyfluoroalkyl substances.  By January 1, 2023, the Board of Environmental 
Protection shall amend Appendix A in Department of Environmental Protection rule 
Chapter 418: Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes to:
1.  Update established screening levels.  Update the screening levels for beneficial 
use for all perfluoroalkyl and polyfluoroalkyl substances for which a screening level for 
beneficial use is established in Appendix A taking into consideration the requirements in 
Resolve 2021, chapter 82, section 2; and
2.  Establish screening levels for additional perfluoroalkyl and polyfluoroalkyl 
substances.  Establish screening levels for beneficial use for perfluorohexane sulfonic acid, 
perfluorononanoic acid, perfluoroheptanoic acid and perfluorodecanoic acid.
SUMMARY
This bill prohibits the land application or distribution of sludge or sludge-derived 
compost unless it is tested for all perfluoroalkyl and polyfluoroalkyl substances that may 
reasonably be quantified by a laboratory and the screening level for a perfluoroalkyl and 
polyfluoroalkyl substance that is in the sludge or sludge-derived compost and for which the 
Department of Environmental Protection has established a screening level for beneficial 
use in rule does not exceed the screening level for beneficial use established by the 
department.  It requires the department to adopt rules to implement the requirements of the 
law including a requirement that sludge and sludge-derived compost intended for land 
application or distribution be tested at least annually.  The bill also requires the department 
to amend Appendix A in Department of Environmental Protection rule Chapter 418: Maine 
Solid Waste Management Rules: Beneficial Use of Solid Wastes to update and establish 
screening levels for beneficial use for perfluoroalkyl and polyfluoroalkyl substances.