Lawmaker seeks to refine ‘overly broad' PFAS definition to allow for some pesticide use
Rather than creating a more limited definition, Maine Department of Environmental Protection Commissioner Melanie Loyzim said uses of PFAS that are 'economically important' but don't pose health risks should be evaluated individually. (Photo by Getty Images)
After lawmakers couldn't agree on which committee should handle her proposal to regulate forever chemicals in pesticides, Rep. Amy Arata is taking a new, more sweeping approach.
The Republican from New Gloucester got approval from legislative leaders to introduce a late-session bill (LD 1982) that would change how perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS, are defined in state law. She believes the current definition is overly broad and could include chemicals that don't pose the same long-term health problems as PFAS, which have been linked to cancer and weakened immune systems.
During a public hearing Monday, Arata introduced her proposal for Maine to adopt the U.S. Environmental Protection Agency's narrower definition for PFAS, which was changed under the Biden administration. The proposal would narrow the definition from any fluorinated organic chemical containing at least one fully fluorinated carbon atom to substances containing any one of three specific chemical structures.
She told the Legislature's Environment and Natural Resources committee that her bipartisan proposal is 'merely a refinement' of the existing definition.
Arata is largely concerned with farmers being unable to use certain pesticides that would fall under the state's current definition. She said changing Maine's definition to align with that federal definition would still 'protect the health of Maine citizens while also allowing our farmers and other industries to be competitive nationwide.'
However, Commissioner Melanie Loyzim said the Department of Environmental Protection opposes the bill because the state already has a process for people to seek exemptions to use products with PFAS that would otherwise be prohibited under the state ban that will be rolling out in the coming years.
Under the state's PFAS products ban, any product containing intentionally added PFAS can not be sold in the state after Jan. 1, 2030. The department's website includes step-by-step instructions for requesting exemptions for certain products with currently unavoidable use.
Rather than creating a more limited definition, Loyzim said uses of PFAS that are 'economically important' but don't pose health risks should be evaluated individually.
Loyzim also argued that this change wouldn't actually create uniformity with the federal guidelines because the EPA uses different definitions based on the specific regulation, such as the Safe Drinking Water Act versus the Toxic Substances Control Act.
Arata said her bill would not precipitate other changes in Maine laws related to PFAS, but Loyzim said that definition is used in multiple areas of statute including those pertaining to wastewater discharge, land application of sewage, food packaging and more.
Nancy McBrady, deputy commissioner for the Maine Department of Agriculture, Conservation and Forestry, acknowledged that farmers could be hurt by a prohibition on certain pesticides that would fall under the state's PFAS products bans, but warned LD 1982 is too broad.
Rather, she suggested the Legislature pursue a narrower discussion on PFAS and pesticides in the next session. However, that conversation would likely need to go before the Agriculture, Conservation and Forestry Committee.
The Maine State Chamber of Commerce argues Arata's proposal could create greater consistency and clarity for business, especially those who deal with national supply chains. The Maine Potato Board echoed this point when speaking in support of the bill.
However, other environmental organizations including the Friends of Casco Bay, Defend Our Health and the Maine Organic Farmers and Gardeners Association opposed the bill.
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