Maine has recently made headlines with its groundbreaking regulations on perfluorooctanoic acid (PFOA), a toxic chemical commonly found in non-stick cookware, firefighting foam, and other consumer products. The new regulations aim to protect the health of Maine residents and the environment by setting strict limits on PFOA use and emissions

What is PFOA and why is it dangerous?

Perfluorooctanoic acid (PFOA) is a man-made chemical that has been widely used in the production of consumer products such as non-stick cookware, waterproof clothing, and food packaging. PFOA is part of a larger group of chemicals known as perfluoroalkyl substances (PFAS), which are highly persistent in the environment and can accumulate in the human body over time.

PFOA is dangerous because it has been linked to a number of health problems, including cancer, thyroid disease, and developmental and reproductive issues. Studies have also shown that PFOA can harm wildlife and the environment, as it does not break down easily and can travel long distances through air and water.

Despite these risks, PFOA has been used in consumer products for decades, and its effects on human health and the environment have only recently come to light. As a result, many states, including Maine, have taken steps to regulate the use and emissions of PFOA and other PFAS chemicals.

The impact of PFOA on human health and the environment

The health effects of PFOA are still being studied, but there is strong evidence to suggest that it can cause serious harm. According to the EPA, long-term exposure to PFOA can lead to a range of health problems, including:

• Cancer (especially kidney and testicular cancer)
• Liver damage
• Thyroid disease
• Reduced fertility
• Low birth weight

In addition to these health risks, PFOA can also have a significant impact on the environment. Because it does not break down easily, PFOA can accumulate in soil, water, and wildlife, where it can cause harm to ecosystems and threaten the health of animals and humans alike.

Despite these risks, PFOA has been widely used in consumer products for decades, and its effects on human health and the environment have only recently come to light. As a result, many states, including Maine, have taken steps to regulate the use and emissions of PFOA and other PFAS chemicals.

Maine's PFOA regulations - what you need to know

In 2019, Maine became the first state in the nation to pass comprehensive regulations on PFAS chemicals, including PFOA. The regulations, which were developed by the Maine Department of Environmental Protection (DEP), aim to protect the health of Maine residents and the environment by setting strict limits on the use and emissions of these substances.

Beginning January 1, 2023, fabric treatments for application by the consumer and carpets or rugs intended for commercial, industrial, or residential buildings containing intentionally added PFAS will be prohibited from being sold to consumers in the State of Maine. Simultaneously, a person may not sell, offer for sale, or distribute for sale in the State of Maine a product containing intentionally added PFAS if the manufacturer has failed to report to the Department.

Beginning January 1, 2030, all products containing intentionally added PFAS will be prohibited from sale in the State of Maine, unless the Department has exempted certain products

Compliance with the PFOA regulations

Beginning Jan 1, 2023, companies must notify the department with the following information about the products that contain PFAS

• A brief description of the product;
• The purpose for which PFAS are used in the product, including in any product components;
• Percentage, CAS number of the PFAS
• The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer;

Implications for businesses and consumers

The implications of the PFOA regulations in Maine are significant for both businesses and consumers. For businesses, compliance with the regulations can be costly and time-consuming, requiring investments in new equipment and processes, as well as ongoing monitoring and reporting. However, failure to comply with the regulations can result in fines and legal action as much as USD 10,000 per day, as well as damage to a company's reputation and public trust.

The future of PFOA regulations in Maine and beyond

The PFOA regulations in Maine are just the beginning of a larger effort to regulate PFAS chemicals and protect public health and the environment. Other states, including California, Massachusetts, New Hampshire and New York, are also working on such regulations on PFAS. There is growing momentum for federal regulations on these substances as well under TSCA. PFAS are being considered to be restricted under REACH Regulations.

As the science on the health effects of PFAS continues to evolve, it is likely that regulations will become even stricter in the coming years. Businesses and consumers alike should stay informed and be prepared to adapt to these changes in order to protect public health and the environment.

APA helps manufacturers to keep their product compliant under the regulations, please get in touch with us [email protected] for addition details.