Maine-Based Coalition Calls for Action from the DEP on PFAS

A broad coalition of Maine farms, environmental nonprofits, wastewater treatment districts, tribal representatives, and religious leaders sent a letter calling on the Maine Department of Environmental Protection (DEP) to reject the request put forward by an industry group dominated by out-of-state manufacturers asking  for a blanket delay in reporting requirements under LD1503, An Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. The law includes a January 1^st, 2023, mandatory reporting start date for manufacturers of PFAS-containing products being sold in Maine. A delay in the implementation of the law would allow manufacturers to continue to sell products with toxic PFAS in them without disclosing that information to the DEP and to the public.

“Manufacturers were given 18 months to work to comply with this law,” said Defend Our Health campaign manager Adam Nordell, who is also a PFAS impacted farmer. “They had plenty of time to gather information about their products which, frankly, they should have had on hand already. The passage of the first in the world law garnered international attention. If manufacturers aren’t paying attention to changes in our regulatory landscape, we should all be concerned. By asking for a blanket extension, they seem to be suggesting that they don’t even know whether the products they’re selling us are toxic. That is a stark admission.”

The letter calls on DEP Commissioner Melanie Loyzim to keep LD 1503’s original schedule, noting the severe, ongoing PFAS impacts experienced by communities across the state of Maine. Impacts include health concerns for impacted well owners, severe challenges to PFAS contaminated farms, tribal communities’ loss of safe use of traditional foods, and impacts to the broader fishing and hunting community. The letter also highlights the challenges facing Maine’s wastewater treatment facilities, who are contending with increasing costs, logistical challenges and uncertainty about future disposal options. 

“I’m proud that we have such broad support for this issue, from impacted farmers to wastewater treatment facilities,” said Sarah Woodbury, Defend Our Health’s director of advocacy. “We all need to stand together to solve the far-reaching problems caused by PFAS contamination across the state. Mainers are ready to work together to turn off the PFAS tap, before the chemicals enter our state.”

Maine passed the first in the world legislation in July of 2021. Starting in 2023, the law requires manufacturers to report all uses of PFAS to the DEP and prohibits the sale of carpets or rugs, and fabric treatments, that contain intentionally added PFAS. It allows the DEP to name other categories of products to phase-out the use of PFAS in and, effective in 2030, products containing intentionally added PFAS may not be sold unless the use of PFAS in a product is specifically designated as a currently unavoidable use by the department. This exemption allows for uses that are critical for health, safety, or the functioning of society, such as in medical devices or advanced electronics like batteries or solar panels.

The letter garnered 53 signatures, including 15 Maine-based environmental nonprofits, 28 farm businesses (including 5 PFAS impacted farms), Maine Water and Environment Association, the Penobscot Nation Department of Natural Resources, religious leaders, and a retired bureau director for Maine DEP.

List of Signatories