Maine Amends PFAS Ban, Exempts Refrigerants used in HVACR until 2040

On April 16^th, 2024, the Governor of the State of Maine, Janet Mills, signed SP610 into law. The bill creates a process of banning intentionally added Per- and Polyfluoroalkyl Substances (PFAS) products from being offered for sale or distributed within Maine. But refrigerants used in HVACR has been exempt from the ban until 2040.

PFAS, commonly known as ‘forever chemicals,’ is in every fluorinated refrigerant. The original bill did not have an exemption for heating, cooling, ventilation, air-conditioning, or refrigeration equipment. Without the exemption the industry would need to be granted an unavoidable use designation or be forced to use natural refrigerants in less than a year.

Maine, and other states, are banning PFAS due to the recent discovery that the buildup of PFAS in the human body potentially leads to health concerns. However, it is unknown what the threshold for PFAS in the body causes these health concerns. Recently, there was a young woman in Minnesota, Amara Strande, that passed away from cancer that was believed to have been caused from intake of PFAS in her drinking water. However, refrigerants classified as PFAS are significantly different than others being banned since refrigerants are gases, in an enclosed system. According to REACH, the European Union regulation for protecting human health, HFC refrigerants do not meet the persistent, bioaccumulative, or toxicity factors necessary to make them a dangerous PFAS.

HARDI wants a safe and healthy world for all and believe that our current regulations and practices do not release PFAS into the world. HARDI recognizes that having an exemption until 2040 is not the full exemption that we advocated for. But having an exemption that does not go into effect until after the Technology Transition Rule has been implemented is a win. A win that is now the precedent that other states will look to as they begin to work on their own PFAS legislation. HARDI is currently tracking 91 PFAS pieces of legislation and working to make sure the HVAC industry is protected from the rapid PFAS prohibition sweeping the nation.

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