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Rep. Jim Dill, D-Old Town, is a member of the Inland Fisheries and Wildlife Committee and the Marine Resources Committee in the Maine Legislature.
On Sept. 18, the Bangor Daily News reported the state has delayed implementation of the first-in-the nation PFAS reporting law. This comes as little surprise to businesses, public health advocates, lawmakers, and even the Maine Department of Environmental Protection (DEP) itself. More than 2,500 companies have been granted extensions to report PFAS in products by the department, the Legislature has made changes less than a year after initial passage of the law, and public health advocates have said that more guidance is needed from the department to implement the program. While all might not agree on the reason to pause implementation of the PFAS in products program there is one thing that is certain. More conversations are needed for the program to be successful.
As lawmakers move forward with implementation, a discussion around a practical risk-based policy is sorely needed to sustain Maine’s economic progress and effectively address environmental contamination issues that create public health concerns.
My legislative colleague, who chairs the Legislature’s Environment and Natural Resources Committee, state Sen. Stacy Brenner, a leader on PFAS issues in the Legislature, said during a February hearing with DEP: “One of the things I’ve learned sitting in this chair, is that we don’t always get it right the first time, which is why we have the word amendment. So, when you think about the work that we have put in front of you with the bill that we have passed, what are your thoughts on how we could help make the program better?”
In June, the Legislature passed LD 217 to push back product reporting requirements from January 2023 to January 2025. During the push to pass this bill, the Environment and Natural Resources Committee resolved to have open work sessions this fall to understand and work toward sustainable and effective solutions to reduce PFAS risks in Maine. As we approach these sessions, it is imperative that job creators and industry stakeholders together with environmental groups and public health advocates have a seat at the table to solve these problems together.
Reforms to Maine’s PFAS regulations should follow a risk-based approach to PFAS by prioritizing management based on risk to the environment and human health. There are thousands of compounds that fall within Maine’s inclusive definition of PFAS. Each of them has its own unique characteristics, and their risks vary tremendously. Maine’s current approach treats thousands of different PFAS compounds the same. This approach has proven to be painstakingly difficult and costly to implement with the state’s limited resources. If everything is a priority, then nothing is prioritized.
To target the most hazardous PFAS, a more targeted definition of PFAS is required. The “all PFAS pose equal risk” approach in Maine’s current regulations does not recognize important differences between compounds, has caused confusion, and could lead to noncompliance.
Equally important, a blanket ban on all PFAS fails to recognize the role some PFAS compounds play in essential industries such as clean energy production, life-saving medical technologies, or aerospace manufacturing. Allowing for risk-based reporting would most effectively utilize limited funding resources and target reporting to the most harmful compounds.
To increase compliance and make Maine’s program more effective, I believe the state needs to focus on commercially active compounds and exempt federally approved uses. Many of the compounds included in Maine’s current “PFAS in Products” program have undergone extensive testing and have been deemed acceptable for their intended use by federal government agencies. There is no need for Maine to reinvent the wheel when the research has already been done and evaluated at the federal level.
Being among the first states to enact laws regarding PFAS regulations, Maine is positioned to lead the nation on this important issue. If legislators want Maine’s PFAS law to succeed without harming consumers or our economy, the Environment and Natural Resources Committee must start working now to advance responsible, risk-based management solutions.
