In early 2022, the Governor of Maryland signed SB 273/HB 275, Chapter 138, 2022 into law (the “22 Act”) to regulate per- and polyfluoroalkyl substances (PFAS) in several categories of consumer products. For the 22 Act –
[https://mgaleg.maryland.gov/2022RS/Chapters_noln/CH_139_sb0273e.pdf]
The 22 Act became operational on January 1, 2024 and focuses on the following key areas:
- Class B fire-fighting foam (FFF), rugs and carpets (note, second hand rugs are exempt), plastic disposable gloves used in commercial or institutional food service, as well as certain food packages and food packaging substantially composed of paper, paperboard and other materials derived from plant fiber are now prohibited from including intentionally added PFAS;
- Forbids the disposal of Class B firefighting foam containing intentionally added PFAS;
- Mandates that the sellers of personal protective equipment (PPE) for firefighting equipment that contains PFAS are now required to furnish a written notice to purchasers indicating that the PPE contains PFAS and the purpose of having such chemicals in these products.
- There are some timing exceptions under the 22 Act for airports, ports, refineries and chemical plants allowing for later compliance beyond 1-1-24 depending on the type of operation and the 22 Act also requires that manufacturers of the aforesaid products are required to establish an annual certificate of compliance to attest to their applicable compliance.
The 22 Act defines PFAS as “a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom”.
In addition to the 22 Act, on May 9, 2024, the Governor signed HB 1147 (Chapter 488) (the “24 Act”) into law to regulate lead and PFAS chemicals in playground surfacing materials (artificial turfs), which further adds to the impact of the 22 Act noted above.
The 24 Act amends Code of Maryland Environment Title 6 by adding subtitle 16A -‘Playground Surfacing Materials’.
https://mgaleg.maryland.gov/2024RS/Chapters_noln/CH_488_hb1147t.pdf
According to the definitions in the 24 Act, ‘PFAS chemicals’, ‘Playground’ and ‘Playground surfacing materials’ have the following meanings:
- ‘PFAS chemicals’ means a class of fluorinating organic chemicals that contain at least one fully fluorinated carbon atom, including per- and polyfluoroalkyl substances (PFAS);
- ‘Playground’ is defined as a public outdoor recreation area for children equipped with one or more play structures; and
- ‘Playground surfacing materials’ means products, materials, or substances used or installed on the ground surface of a playground that come into direct contact with a person.
The 24 Act requires that from and after October 1, 2024, that playground surface materials NOT contain any intentionally added PFAS. Moreover, the 24 Act prohibits a person from installing, supplying, selling, soliciting, or offering for sale playground surfacing materials that contain a certain concentration of lead or a component product, material, or substance to which PFAS chemicals were previously intentionally added for certain purposes and also prohibits a county, municipality, or unit of local government from adopting any ordinance, rule, or regulation related to playground surfacing materials that is less stringent than of the 24 Act.
Duane Morris has an active PFAS team to help organizations and individuals plan, respond to and execute on PFAS issues and initiatives in order to manage risk, ensure compliance and minimize litigation risk. We are available to discuss your concerns and objectives and how new rules, regulations and rulings might apply to you.
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If you have any questions about this post, please contact Lindsay Ann Brown, Lori A. Mills, Kelly Bonner, Brad A. Molotsky, any of the attorneys in our PFAS Group or the attorney in the firm with whom you are regularly in contact.