An Act to Conform the State's Perfluoroalkyl and Polyfluoroalkyl
Maine Legislature, Session 132, LD 1903
Committee: Environment and Natural Resources
Sponsors: TIMBERLAKE, FAULKINGHAM
Amends: 7 MRSA §320-K, 22 MRSA §2611, 32 MRSA §1733, 38 MRSA §420, 38 MRSA §585-P

Legislative Document
No. 1903
S.P. 744
In Senate, May 6, 2025
An Act to Conform the State's Perfluoroalkyl and Polyfluoroalkyl 
Substances Laws to Federal Standards
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIMBERLAKE of Androscoggin.
Cosponsored by Representative FAULKINGHAM of Winter Harbor and
Senators: BERNARD of Aroostook, FARRIN of Somerset, MOORE of Washington, 
STEWART of Aroostook, Representatives: BABIN of Fort Fairfield, DAIGLE of Fort Kent.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §320-K, sub-§1, ¶C-1 is enacted to read:
C-1.  "Contaminated by PFAS" or "PFAS contamination" means:
(1)  For perfluorooctane sulfonic acid, the presence of perfluorooctane sulfonic 
acid in an amount exceeding a soil concentration level of 0.13 milligrams per 
kilogram; 
(2)  For perfluorooctanoic acid, the presence of perfluorooctanoic acid in an 
amount exceeding a soil concentration level of 0.19 milligrams per kilogram; and
(3) For any PFAS other than those listed in subparagraphs (1) and (2), the presence 
of such PFAS in an amount exceeding a soil concentration level contained in 
guidance promulgated by the United States Environmental Protection Agency.
Sec. 2.  22 MRSA §2611, sub-§1-A is enacted to read:
1-A.  Maximum contaminant levels for certain perfluoroalkyl and polyfluoroalkyl 
substances.  The primary drinking water rules adopted and enforced by the commissioner 
pursuant to subsection 1 must specify for the following perfluoroalkyl and polyfluoroalkyl 
substances a maximum contaminant level equivalent to the national primary drinking water 
regulations, 40 Code of Federal Regulations, Part 141, adopted by the United States 
Environmental Protection Agency in April 2024:
A. Perfluorooctanoic acid, also known as PFOA;
B. Perfluorohexane sulfonic acid, also known as PFHxS;
C. Perfluorooctane sulfonic acid, also known as PFOS;
D. Perfluorononanoic acid, also known as PFNA;
E. Hexafluoropropylene oxide dimer acid, also known as HFPO-DA; and
F. Mixtures containing 2 or more of the following: PFHxS, PFNA, HFPO-DA and 
perfluorobutane sulfonic acid, also known as PFBS.
Sec. 3.  32 MRSA §1733, sub-§3-B, as enacted by PL 2019, c. 277, §3, is amended 
to read:
3-B.  Prohibition of sale of food package containing PFAS.  In accordance with the 
requirements of this subsection, except as otherwise provided, the department may by rule 
prohibit a manufacturer, supplier or distributor from offering for sale or for promotional 
purposes in the State a food package to which PFAS have been intentionally introduced in 
any amount greater than an incidental presence.
A.  The department may not by rule prohibit the sale of a food package to which PFAS 
have been intentionally introduced in any amount greater than an incidental presence 
under this subsection unless the department has determined that a safer alternative to 
the use of PFAS in a specific application of PFAS to a food package is available.  To 
determine that a safer alternative is available, the department must find that a safer 
alternative is readily available in sufficient quantity and at a comparable cost and that 
the safer alternative performs as well as or better than PFAS in a specific application 
of PFAS to a food package.
B.  If the department determines pursuant to paragraph A that a safer alternative to the 
use of PFAS in a specific application of PFAS to a food package is available, the 
department shall by rule prohibit the sale of a food package to which PFAS have been 
intentionally introduced in any amount greater than an incidental presence under this 
subsection, except that such a prohibition may not take effect until January 1, 2022 or 
years following the date on which the department determines that a safer alternative 
is available, whichever is later.
The prohibition in this subsection does not prevent a manufacturer that is located in the 
State from offering for sale or for promotional purposes outside the State a food package 
to which PFAS have been intentionally introduced in any amount greater than an incidental 
presence.
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2‑A.
Federal law or regulation regulating the sale of a food package to which PFAS have been 
intentionally added preempts state authority under this subsection.
Sec. 4.  38 MRSA §420, sub-§2, ¶C-1 is enacted to read:
C-1.  If surface water quality standards for PFAS are established pursuant to federal 
law, including the Federal Water Pollution Control Act, Public Law 92-500, Section 
304(a), as amended, the department shall adopt rules for surface water quality standards 
to match the federal water quality standards.  For the purposes of this paragraph, 
"PFAS" has the same meaning as in section 1614, subsection 1, paragraph F.
Sec. 5.  38 MRSA §585-P is enacted to read:
§585-P.  Perfluoroalkyl and polyfluoroalkyl substances
If the United States Environmental Protection Agency adopts emissions standards for 
PFAS, emissions standards for PFAS adopted by the board must be the same as the 
emissions standards established by the United States Environmental Protection Agency.  
For the purposes of this section, "PFAS" has the same meaning as in section 1614, 
subsection 1, paragraph F.
SUMMARY
This bill conforms state standards for certain perfluoroalkyl and polyfluoroalkyl 
substances, or PFAS, to federal standards in the following ways.
1.  It establishes soil concentration levels for PFAS for the purposes of determining 
when land is contaminated by PFAS under the Fund To Address PFAS Contamination.
2.  It amends the law authorizing the adoption of state drinking water rules by the 
Commissioner of Health and Human Services to require that those rules establish a 
maximum contaminant level equivalent to the standards of the United States Environmental 
Protection Agency's national primary drinking water regulations adopted in April 2024 for 
certain perfluoroalkyl and polyfluoroalkyl substances.
3.  It provides that federal law or regulation regulating the sale of a food package to 
which PFAS have been intentionally added preempts state authority to prohibit the sale of 
such food packaging.
4.  It provides that if surface water quality standards for PFAS are established pursuant 
to federal law, the Department of Environmental Protection must adopt rules for surface 
water quality standards to match the federal water quality standards.
5.  It provides that if the United States Environmental Protection Agency adopts 
emissions standards for PFAS, emissions standards for PFAS adopted by the Department 
of Environmental Protection, Board of Environmental Protection must be the same as the 
emissions standards established by the United States Environmental Protection Agency.