Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 890 - DESIGNATION OF PFOS AND ITS SALTS AS PRIORITY CHEMICALS
Section 096-890-4 - Information submission required

Universal Citation: 06 ME Code Rules ยง 096-890-4

Current through 2024-13, March 27, 2024

A. Product categories. Manufacturers or distributors of products that contain intentionally added amounts of PFOS or its salts, and fall into the categories in this section, must submit information to the Department pursuant to section 4(B) of this chapter:

(1) Child care article;

(2) Clothing;

(3) Footwear;

(4) Sleepwear;

(5) Toy;

(6) Cookware, tableware, reusable food and beverage containers;

(7) Cosmetics and personal care products;

(8) Craft supplies;

(9) Electronic device; and

(10) Household furniture and furnishings.

B. Information required. No later than 180 days after the effective date of this chapter, the manufacturer or distributor of a product, which falls within the categories listed in section 4(A) (1-10) of this chapter, containing intentionally added PFOS or its salts shall report to the Department the following information:

(1) the name and address of the manufacturer or distributor;

(2) the name, address, and phone number of a contact person for the manufacturer or distributor;

(3) a description of the manufacturer or distributor's product or products containing PFOS or its salts, including the overall size of the product and/or the component of the product that contains PFOS and whether the product or PFOS-containing component of the product can be placed in the mouth (if a reportable item is smaller than 5 centimeters in one dimension, it is regarded as mouthable);

(3) the amount of PFOS or its salts in each unit of the product reported;

(4) the function of PFOS or its salts in the product reported;

(5) the number of product units sold or distributed in Maine or nationally, in accordance with Department Rule 06-096 C.M.R. ch. 880 §5(A)(2); and,

(6) any other information the manufacturer or distributor deems relevant to the reporting of the PFOS or its salts for the Department's consideration, such as relevant independent scientific study on exposure specific to the amount of PFOS or its salts present in the finished product reported or product of similar functionality. Such information may include an assessment that has already been performed by the manufacturer or distributor of the availability, cost, feasibility and/or performance, including potential for harm to human health and the environment, of alternatives to PFOS or its salts and the reason PFOS or its salts are used in the manufacture or distributor of the reported product in lieu of identified alternatives.

C. Information not submitted within 180-day deadline. If the sale of the product does not commence until after the 180-day reporting period ends, the written notice required under section 4(B) must be submitted within 30 days of the sale of the product within the State of Maine. Failure to provide the required information to the Department by the date required may result in enforcement action consistent with 38 M.R.S. §1699-A.

NOTE: A regulated entity may request a waiver of the reporting requirements in this chapter for reasons set forth in Department Rule 06-096 C.M.R. ch. 880 §5(C). Upon review of information submitted pursuant to this chapter the Commissioner may request that a manufacturer or distributor clarify the submittal, supplement incomplete information or provide additional information not specified in this chapter if the Commissioner determines that the information is needed for the Department to complete its evaluation of the priority chemical. See Department Rule, 06-096 C.M.R. ch. 880 §5(D); see also 38 M.R.S. §1695(2).

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