Maine, New Hampshire, and Massachusetts have recently advanced their efforts to phase out PFAS (per- and polyfluoroalkyl substances). PFAS are a group of synthetic chemicals widely used in consumer products for their water- and stain-resistant properties. Known as "forever chemicals," PFAS persist in the environment and are linked to various health risks, including cancer.

Maine delays most prohibitions on non-essential PFAS

Maine’s Department of Environmental Protection (DEP) issued a preliminary draft rule on August 5 to implement the state’s revised PFAS phase-out law. The update reflects legislative changes to the 2021 PFAS in products statute, delaying most prohibitions on non-essential PFAS to 2032 and narrowing reporting requirements to “currently unavoidable uses” (CUUs). The draft also exempts items such as semiconductors and motor vehicles.

The draft outlines regulations for goods and businesses, including disclosure requirements, phased-in sales restrictions, and CUU designations for products that need more time to replace PFAS. Manufacturers with CUU-designated products must provide detailed PFAS notifications and pay a $5,000 fee per notification; small businesses with 100 or fewer employees are exempt from these notifications.

The DEP plans to proceed with the rulemaking this autumn, aiming for completion early next year. Comments on the draft are due by August 30.

New Hampshire bans PFAS in 8 product categories

On August 2, New Hampshire’s Governor Chris Sununu signed a law prohibiting PFAS (per- and polyfluoroalkyl substances) in eight product categories. This law represents an ongoing effort at state level to eliminate these persistent chemicals from consumer goods.

Effective January 1, 2027, New Hampshire will ban the sale of products containing intentionally added PFAS including food packaging and containers, carpets or rugs, fabric treatments, upholstered furniture, textile furnishings, other than industrial or medical ones, juvenile products, cosmetics, and feminine hygiene products.

Unlike other states, New Hampshire's law uses the PFAS definition from the U.S. EPA's TSCA reporting rule, which covers around 1,400 compounds.

The law exempts certain products, including those with at least 85% recycled content or that were manufactured before the restrictions take effect. Manufacturers must provide certificates of compliance within 30 days if requested by the New Hampshire Department of Environmental Services (NHDES). Failure to comply could lead to misdemeanors, felonies, fines of up to $25,000 per offense, and additional penalties of up to $2,000 per violation.

Massachusetts phases out PFAS in turnout gears:

On August 15, Massachusetts Governor Maura Healey signed a law banning PFAS (per- and polyfluoroalkyl substances) in firefighter turnout gear, making Massachusetts the first state in the U.S. to phase out these chemicals in firefighting PPE by 2027. This legislation aims to protect firefighters from harmful exposures to PFAS, which are linked to serious health issues.

Starting January 1, 2025, sellers must inform buyers about the presence of PFAS in firefighting gear and provide details about the specific compounds used. Sellers and buyers must also submit these notices and related documents to state regulators within 60 days, if requested.

The law defines PFAS as "fluorinated organic chemicals containing at least one fully fluorinated carbon atom" and covers all PFAS that are intentionally added or result from manufacturing processes. The ban applies to all firefighter PPE, including jackets, trousers, helmets, gloves and respiratory equipment.

On August 8, 2024, the U.S. Environmental Protection Agency (EPA) announced revisions to enhance the Safer Choice and Design for the Environment (DfE) Standard. These changes identify the criteria that products and their ingredients must fulfill to earn the EPA’s Safer Choice label or DfE logo. The updated standards aim to reinforce the requirements for products seeking the voluntary Safer Choice certification and promote the use of safer chemicals in the market.

Safer Choice

Safer Choice promotes the use of chemicals that meet EPA's rigorous standards for health and environmental safety. It allows companies to mark their products with the Safer Choice label, indicating that every ingredient has been thoroughly reviewed by EPA scientists to ensure maximum safety. With thousands of certified products, the Safer Choice label helps consumers easily find products with safer chemical ingredients that do not compromise on performance.

This program makes it easier for consumers and institutions, including schools and offices, to choose safer cleaners, detergents, and other products. The DfE program also helps identify disinfectants that meet high standards for public health and environmental safety.

The updated Standard now includes several key improvements:

• A new certification program for cleaning service providers who use Safer Choice- and DfE-certified products, aimed at protecting both workers and occupants of cleaned spaces.
• Enhanced criteria for pet care products to ensure they use the safest ingredients for people, pets and the environment.
• Updated packaging standards to eliminate intentionally added PFAS and other harmful chemicals.
• Strengthened sustainable packaging requirements, mandating the use of post-consumer recycled content and ensuring that packaging is recyclable or reusable.
• Revised criteria for wipes to include “Do Not Flush” labels that help to prevent damage to wastewater systems.
• New optional criteria for energy efficiency and resource reduction, encouraging the use of less water, renewable energy, and improved energy efficiency.

Design for the Environment

DfE-certified products must adhere to several key requirements:

• Human Health: Products must fall within a specific pH range to minimize skin and eye irritation and exclude ingredients that pose long-term health risks, such as carcinogens or those harmful to children.
• The Environment: Products must meet criteria that reduce their environmental impact, including how quickly chemicals break down and their effect on aquatic life.
• Ingredients: EPA reviews every chemical ingredient, even if it is not intentionally added (e.g., an impurity) or is present in low amounts, before a product can be DfE-certified.
• Product Performance: Sanitizers and disinfectants must demonstrate effectiveness against viruses and bacteria through approved laboratory testing.
• Packaging: Manufacturers must enhance the environmental sustainability of their packaging wherever possible.

More information is available at the Safer Choice program website.