Per- and polyfluoroalkyl substances (PFAS), are a class of chemicals currently widely used in many everyday items. They can be found in everything from waterproof outdoor equipment, to nonstick pans, to personal care and cosmetic products. PFAS have also been found in waste sludge that, for years, was spread across farmland in Maine as a low-cost fertilizer.
PFAS are called “forever chemicals” because they don’t break down, and they accumulate over time in the environment and the human body. PFAS have been tied to serious health concerns, including kidney cancer, liver disease and immune system impacts in children.
With all of this dire information, I wanted to share a few hopeful things that have happened in both Maine and Washington recently that are aimed at decreasing our exposure to PFAS.
A decade ago, a PFAS level of 70 parts per trillion was considered acceptable by the U.S. Environmental Protection Agency. Earlier this month, the Environmental Protection Agency (EPA) updated that ruling and published regulations to limit PFAS contamination in drinking water. The new rules are the first national drinking water limits set on PFAS and set limits on two common types of PFAS at 4 parts per trillion.
Maine, with a current standard of 20 parts per trillion, will have to meet the new national standard for our drinking water.
Additionally, the EPA announced that $1 billion in funding will be available to help states implement PFAS testing and treatment, as well as to help private well owners address contamination. Since PFAS drinking water contamination is a national problem, I anticipate more resources will be needed.
Also earlier this month, the EPA classified two PFAS chemicals as Superfund hazardous chemicals, a move which made public funds available for remediation. This is incredible news, and plays into work we’re already doing right here in Maine.
Last week, Gov. Janet Mills signed into law LD 1537, “An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution and to Provide Additional Funding,” a bill that I sponsored and helped work through the ENR Committee and onto the floor for unanimous votes in both the Senate and House.
The legislation updates and furthers the work of LD 1503, “An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution,” sponsored by my colleague Rep. Lori Gramlich, D-Old Orchard Beach, which passed in 2021.
LD 1537 will phase out avoidable use of PFAS in products used and manufactured in Maine, putting us in concert with other states that are beginning to ban the same products on a similar timeline.
Because PFAS are in so many products, the negotiations of when to phase things out were complex, but I’m proud of what we accomplished. Carpets and rugs with PFAS have been banned since 2023. Effective in January 2026, cleaning products, cookware, cosmetics, dental floss, juvenile products (products designed for use by children and infants under age 12), textile articles, ski wax, and upholstered furniture containing added PFAS will all be banned.
In 2029, outdoor apparel for severe wet conditions and artificial turf that have PFAS intentionally added will be banned. By 2032, most other products containing PFAS will be phased out. Heating, ventilation, air conditioning, and cooling equipment will be banned by 2040.
We also made fair exemptions for essential items, including used products or components; firefighting foam; prosthetic, orthotic, or other medical devices; and semiconductors. Airplanes and automobiles are also exempted, except for their textiles or refrigerant components.
Companies can also request exemptions: If the Department of Environmental Protection has found that the use of PFAS in a product is unavoidable, the manufacturer must report on the amount of PFAS used in that product. The reporting requirement would not apply to retailers, or businesses with 100 or fewer employees.
However, there is much more work to be done. A bill that would have required treatment of leachate for PFAS from the Juniper Ridge landfill in Old Town, which receives most of Maine’s PFAS-tainted sludge, was vetoed by Gov. Mills.
Working on reducing and eliminating these forever chemicals in our environment will take some time and serious investment, but it’s something we must do now that we know that there is no safe level for PFAS. There is so much to be done, and it will take all of us — chemical companies, state and federal government, public interest groups, legislators, and everyday Mainers — to do it.
Henry Ingwersen represents Senate District 32 which is made up of Arundel, Biddeford, Dayton, Hollis and Lyman. He can be reached at Henry.Ingwersen@legislature.maine.gov or 207-287-1515.
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