Under a compromise revealed Wednesday, some businesses would be exempt from Maine’s first-in-the-nation ban on the sale of products containing “forever chemicals.”
The compromise plan from the Maine Department of Environmental Protection was discussed at Wednesday’s Maine State Chamber of Commerce forum on per- and polyfluoroalkyl substances, also known as PFAS, according to the Portland Press Herald.
That proposal would exempt automotive, aeronautical and defense industries, which are federally regulated, from a state law banning the sale of all products containing PFAS by 2030, the Press Herald reported.
PFAS first came into use in the 1940s, and were widely used for their water-, grease- and stain-resistant properties. But the chemicals are not easily broken down in either the environment or human body, which is why they are often referred to as “forever chemicals.”
Exposure to them is linked to increased risk of health problems and certain cancers.
The health consequences of PFAS became a major topic in the state after elevated levels turned up on some farms, in drinking water and even deer herds and wild turkey flocks. PFAS have been found on more than 70 farms and 540 household drinking water wells, Mike Belliveau, president of the Portland-based nonprofit Defend Our Health, told the Bangor Daily News in January.
That prompted Maine to pass the nation’s first ban on the sale of PFAS in consumer products. The requirement for manufacturers to disclose whether their products contain PFAS was supposed to go into effect this January, but was postponed until Jan. 1, 2025, to give regulators more time to clarify the rules for implementation.
More than 1,000 brand-name products, including shampoos, school supplies and swimwear, containing PFAS are sold in Maine, according to an analysis of industry reports by Defend Our Health.
More companies are expected to report products sold in Maine containing PFAS by the revised deadline of Jan. 1, 2025. Under Maine law, all uses of PFAS in products sold in the state must be phased out by Jan. 1, 2030. The only exception is when a use is essential and lacks a reasonable alternative.
That law has faced stiff pushback from businesses and industry groups, which have raised concerns about their ability to and the cost of compliance, citing complex international supply chains.
Under the proposal floated Wednesday, automotive, aeronautical, defense and other federally regulated industries won’t be required to comply with the PFAS law, even if there is a safer alternative available, according to the Press Herald.