Maine’s law to reduce PFAS in products is off to a slow start

Sixteen months after Maine enacted a first-in-the-nation regulation geared toward eliminating use of most per- and polyfluoroalkyl substances (PFAS) by 2030, the phased-in ban faces its first main milestone. By January 1, 2023, producers of PFAS (or corporations that place their manufacturers on merchandise containing deliberately added PFAS) should report back to the Maine Division of Environmental Safety (DEP) documenting the aim and quantity of every PFAS compound used. 

Some members of the enterprise group are pushing again on this deadline, citing lack of DEP rulemaking, issue getting proprietary chemical info, and challenges in testing supplies for the 1000’s of PFAS in industrial use. Many corporations lately acquired a six-month extension from the state, and extra are anticipated to hunt one by year-end. 

In June, the Maine State Chamber of Commerce submitted a letter to the DEP requesting extensions on reporting, adopted shortly by a letter from greater than 50 commerce associations and manufacturing firms (together with the State Chamber and two native companies). 

Each letters have been signed by the American Chemistry Council, a commerce affiliation representing chemical producers, together with these that produce PFAS equivalent to 3M, Chemours (an organization spun off from DuPont in 2015 to run its chemical compounds division) and Daikin America Inc. The Council criticized the unique invoice in 2021 testimony, and its senior director of product communications, Tom Flanagin, lately wrote in response to questions from The Maine Monitor that “This misguided regulation could have dramatic results all through provide chains in and out of doors of Maine… We proceed to have interaction with Maine DEP and with State lawmakers to search for constructive options that can shield Maine households and companies from this misguided laws.”

Prices that go far past reporting 

Adam Nordell, a marketing campaign supervisor for the Maine nonprofit Defend Our Well being, has famous that the safety Mainers want is from the continuing menace of persistent poisonous chemical compounds. Nordell and Johanna Davis ran a thriving natural farm in Unity for seven years, till PFAS contamination from historic sludge-spreading compelled its closure and left them with poisonous physique burdens akin to these of business chemical employees. 

Dealing with the inescapable toxicity of PFAS

Whereas the PFAS reporting requirement is offered as “an onerous burden to enterprise,” Nordell mentioned, “this disaster is so costly for Maine.” The prices of testing chemical compounds earlier than their use ought to fall on those that manufacture them, he added; the whole lot offered must endure a “thorough security audit.” 

Reporting extensions — even for these unaware they requested

The product reporting requirement affords shoppers extra details about the place they’re uncovered to PFAS. Utilizing the state’s publicly accessible database, folks will have the ability to analysis whether or not PFAS are in gadgets they routinely purchase and use. The laws additionally features a reporting price to assist cowl testing and remediation for the rising variety of Maine communities affected by PFAS contamination.

The DEP can grant deadline extensions for particular person producers if it determines a given entity wants extra time. In late October, the division granted six-month extensions to greater than 1,000 companies, six commerce teams, and even a nonprofit, whose government director was stunned to listen to it was on the record. 

In line with the Bangor Day by day Information, some companies granted extensions have been equally unaware and both had no must report or had been planning to adjust to the January deadline. The Maine Marine Trades Affiliation had offered the DEP a listing of any members it thought may probably promote retail merchandise, its government director Stacey Keefer wrote in a November 9 press assertion. 

The division has denied extensions to 4 chemical manufacturing firms — 3M, 3M Marine, BASF and Chemours — telling them in letters shared by the DEP that being “a direct producer of the chemical compounds as a product you’d be uniquely nicely located to conform” with the brand new regulation.  

The DEP did grant an extension to Daikin America Inc., a PFAS producer that provides chemical compounds utilized in meals packaging papers like these made at a number of Maine mills, in accordance to a report from the nonprofit Poisonous-free Future. In response to an inquiry, DEP spokesperson David Madore wrote that “Daikin has many merchandise apart from chemical compounds that embrace parts manufactured by others.” 

Nordell desires to see companies demonstrating their concern for the well-being of shoppers by transferring rapidly to report on PFAS and discovering safer alternate options. “Once we’re protecting of human well being,” he mentioned, “it’s all the time an financial profit in the long term.”

Ridding out of doors attire of PFAS

Final April, three nationwide nonprofit organizations — NRDC, Trend FWD and the U.S. PIRG Training Fund — put the highlight on an business closely reliant on PFAS, grading nationwide out of doors attire retailers and types based mostly on components equivalent to their timelines for phasing out PFAS and their PFAS labeling and testing protocols. The report highlights some notable leaders, like Levi Strauss & Co., however 18 of the 30 surveyed acquired low marks – together with L.L. Bean (a “D”) and New Stability (a “C-”). 

L.L. Bean may possible enhance its rating by transferring up its timeline for eliminating PFAS and/or having clear labeling of merchandise containing PFAS, famous Yiliqi, an NRDC scientist and report co-author. The corporate anticipates “full elimination of all PFAS from our merchandise” by 2026, wrote Jason Sulham, L.L. Bean’s supervisor of public affairs. A choice to label merchandise within the interim hinges on testing, and the corporate is working with suppliers “to check over 300 supplies to determine the precise PFAS chemistry.” 

“Sadly, the know-how to check at that degree of element shouldn’t be but out there,” Sulham wrote, and the restricted PFAS testing labs are overwhelmed. “These challenges will take time to unravel, however L.L. Bean is dedicated to that work and the regulation’s main intent of completely eliminating PFAS. The well being of our prospects and the environment calls for it.”

Given testing difficulties and uncertainty with the regulation’s implementation, L.L. Bean lately determined to request an extension on the January 1 reporting deadline, Sulham indicated.

This mission was produced with assist from the Doris O’Donnell Improvements in Investigative Journalism Fellowship, awarded by the Middle for Media Innovation at Level Park College in Pittsburgh, Pa.