An Act To Require Reporting of Perfluoroalkyl and Polyfluoroalkyl Substances, PFAS, in Products and of Discharges of Firefighting Foam Containing PFAS
Sec. 1. 38 MRSA §417-B is enacted to read:
§ 417-B. Reporting discharges of aqueous film-forming foam
Sec. 2. 38 MRSA §1310-B, sub-§2, as amended by PL 2019, c. 291, Pt. B, §1, is further amended to read:
Sec. 3. 38 MRSA §1612 is enacted to read:
§ 1612. Products containing PFAS
(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.
(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.
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.