APPROVED CHAPTER
JULY 9, 2021 449
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 1115 - L.D. 1505
An Act To Restrict the Use of Perfluoroalkyl and Polyfluoroalkyl Substances
in Firefighting Foam
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §424-C is enacted to read:
§424-C. Perfluoroalkyl and polyfluoroalkyl substances in firefighting or fire-
suppressing foam
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Discharge" means a release by any means, including, but not limited to, spilling,
leaking, pumping, pouring, spraying, emitting, disposing, escaping, emptying or
dumping, whether intentional or unintentional.
B. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning
as in Title 32, section 1732, subsection 5-A.
C. "Person" means a natural person, firm, association, partnership, corporation or trust;
the State or any agency of the State; a governmental entity or quasi-governmental
entity; the United States or any agency of the United States; or any other legal entity.
2. Discharge prohibited. Beginning January 1, 2022, a person may not discharge or
cause to be discharged for testing or training purposes a firefighting or fire-suppressing
foam to which PFAS have been intentionally added unless the foam is entirely collected by
the person for proper disposal.
Nothing in this subsection prohibits a person from discharging or causing to be discharged
in an emergency situation to protect life or property a firefighting or fire-suppressing foam
to which PFAS have been intentionally added.
3. Discharge reporting. A person that discharges or causes to be discharged
firefighting or fire-suppressing foam to which PFAS have been intentionally added into or
upon any coastal waters, estuary, tidal flat, beach or land adjoining the seacoast of the State
or into or upon any lake, pond, river, stream, sewer, surface water drainage, groundwater
or other waters of the State or any public or private water supply or onto land adjacent to,
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on or over such waters of the State shall report the discharge to the department as soon as
practicable, but no later than 24 hours after the discharge occurs.
4. Manufacture, sale and distribution prohibited. Beginning January 1, 2022, a
person may not manufacture, sell, offer for sale, distribute for sale or distribute for use in
the State a firefighting or fire-suppressing foam to which PFAS have been intentionally
added, except when:
A. Such foam is manufactured, sold or distributed for use at an oil terminal facility in
the State. As used in this paragraph, "oil terminal facility" has the same meaning as in
section 542, subsection 7.
This paragraph is repealed January 1, 2025; or
B. Such foam is manufactured, sold or distributed for use at an airport in the State, as
long as the foam is required by federal law or regulation to be used at airports for
firefighting or fire-suppressing purposes, including, but not limited to, as required by
14 Code of Federal Regulations, Section 139.317 as that section existed on January 1,
2021. If, on or after January 1, 2022, no federal law or regulation requires the use of
such foam at airports for firefighting or fire-suppressing purposes, the exception in this
paragraph to the prohibition in this subsection does not apply.
5. Notice and recall. Except as provided in subsection 4, paragraph A or B, on or
before January 1, 2022, a person that manufactures firefighting or fire-suppressing foam to
which PFAS have been intentionally added and, prior to January 1, 2022, sold, offered for
sale or distributed such foam for sale or use in the State shall:
A. Provide written notification regarding the prohibition in subsection 4 to any person
in the State that, prior to January 1, 2022, received such foam from the manufacturer
for sale, distribution or use in the State; and
B. Issue a recall of all such foam, which must include a process by which a person in
the State that received such foam will be reimbursed by the manufacturer for the
recalled foam.
6. Administration and enforcement; rules. The department shall administer and
enforce this section and may adopt rules as necessary to implement and administer this
section. Rules adopted pursuant to this subsection are routine technical rules as defined in
Title 5, chapter 375, subchapter 2-A.
Sec. 2. Framework; report. In collaboration with the Department of Defense,
Veterans and Emergency Management, Maine Emergency Management Agency and
interested parties, the Department of Environmental Protection shall develop a framework
for the collection and safe storage of firefighting and fire-suppressing foams to which
perfluoroalkyl and polyfluoroalkyl substances have been intentionally added that are
subject to the manufacturing, sale and distribution prohibition under the Maine Revised
Statutes, Title 38, section 424-C, subsection 4 and not returned to the manufacturer of the
foam pursuant to a recall issued in accordance with Title 38, section 424-C, subsection 5,
paragraph B until the foams can be safely disposed of. On or before March 1, 2022, the
department shall submit a report to the Joint Standing Committee on Environment and
Natural Resources that includes the proposed framework and any recommended legislation.
The joint standing committee may report out a bill based upon the report to the 130th
Legislature.
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