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ARTICLE · 30 JUNE 2023

Maine Delays PFAS Reporting Requirement For Two Years

Kelley Drye & Warren LLP
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In the midst of already tumultuous regulatory change, Maine's Department of Environmental Protection ("MDEP") has officially delayed the reporting requirements...

United StatesConsumer Protection
Joseph Green
Joseph Green
Zachary Lee
Zachary Lee

In the midst of already tumultuous regulatory change, Maine's Department of Environmental Protection ("MDEP") has officially delayed the reporting requirements of their landmark per- and polyfluoroalkyl substances ("PFAS") regulation for two years. The delay was promulgated pursuant to legislation passed by the Maine legislature that not only stalls the reporting rule but similarly creates new reporting exemptions. The bill was the only one of five proposed amendments that passed both chambers and received a signature from Governor Janet Mills.

The bill delays the reporting requirement's effectiveness two years from January 1, 2023 to January 1, 2025. The bill also outlines specific reporting requirements that must now be included in manufacturers' reports, including "an estimate of the total number of units of the product sold annually in the State or nationally." Interestingly, the bill also creates two reporting exemptions: one for manufacturers that employ 25

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