Local businesses in southwestern Maine are voicing concern about government overreach by the state Legislature to regulate per- and polyfluoroalkyl substances, more commonly known as PFAS, as lawmakers begin to consider changes to the overly burdensome mandates required under the state’s first-in-the-nation PFAS in Products law.
Today, PFAS plays a significant role in vital industries that fuel Maine’s diverse economy, including but not limited to aerospace and defense; air conditioning, refrigeration and heating, and insulation and construction. Unfortunately, attempting to enforce a one-size-fits-all approach to regulate PFAS, as the Maine Legislature is struggling to implement, raises concerns and generates uncertainty among local businesses that rely on responsible PFAS usage as a vital part of their supply chain and products. PFAS compounds possess unique characteristics, with some never encountering human contact, making Maine’s planned complete ban on these substances overly broad and a cause for confusion as business leaders seek regulatory guidance.
This confusion is part of the reason more than 2,500 companies have been granted extensions since the passage of Maine’s law requiring manufacturers to report PFAS in products.
The law, as currently written, requires businesses to extensively track numerous suppliers down to the literal nuts and bolts – and a mere trace of PFAS compounds, even compounds that have been through rigorous testing and commercially approved in the U.S., would trigger a product ban. This would be devastating for businesses, especially small to mid-size businesses, that don’t have the resources or capital necessary for compliance.
Newly enacted legislation known as L.D. 217 pushed these reporting requirements back from January 2023 to January 2025, opening a window of opportunity to amend current law in a meaningful way that could allow for risk-based and effective management of PFAS compounds possessing higher risk without harming our economy.
As regulators grapple with the sheer complexity of implementing the PFAS in Products program, it is evident that a classwide ban would be harmful to business and would not effectively address contamination issues. Rather, Maine legislators should improve the law to allow for the evaluation of risk associated with each use of PFAS compounds. This means regulations would be prioritized based on environmental and human health risks – a common-sense approach grounded in science. It is essential that our representatives work toward sensible policy solutions to reform the current legislation and adopt a more targeted definition of PFAS that makes it more realistic for businesses to be compliant.
We commend the Legislature’s Environment and Natural Resources Committee for taking the first step to extend the reporting period and scheduling an open work session to engage affected stakeholders and business leaders on how to successfully manage PFAS. These conversations are needed expediently to ensure legislative improvements can be implemented promptly while maintaining Maine’s economic strength. It is not just the billion-dollar corporations that Maine’s ban will affect; there are a lot of small businesses in the middle, and they need help.
Comprehensive legislation to responsibly manage PFAS compounds calls for an amendment to the current ban that moves away from the one-size-fits-all approach and toward practical prioritization that evaluates the risk associated with each use. As the Maine Legislature continues moving forward, we need to provide local businesses with realistic direction and concentrate on PFAS compounds that are actually in use. Embracing a blanket ban without categorizing and evaluating each compound’s risk puts our small businesses and the local economy in peril.
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