LAWRENCE J. HOGAN, JR., Governor Ch. 138 – 1 – Chapter 138 (House Bill 275) AN ACT concerning Environment – PFAS Chemicals – Prohibitions and Requirements (George “Walter” Taylor Act) FOR the purpose of altering certain provisions of law establishing a certain prohibition on certain uses of certain fire–fighting foam by prohibiting, on or after a certain date, a person from using, manufacturing, or knowingly selling, offering for sale, or distributing for sale or use certain fire–fighting foam in the State, subject to certain exceptions; prohibiting a certain person from releasing certain foam into the environment in a certain manner and requiring the person to take certain actions and maintain certain documentation; providing for the process for the Department of the Environment, the Attorney General, the State’s Attorney for a county or Baltimore City, a county attorney, or a City Attorney to obtain certain compliance information; providing that a failure to meet certain requirements does not preclude certain use of a certain foam under certain circumstances; establishing requirements that apply to the sale of certain personal protective equipment that contains PFAS chemicals; establishing a process by which the Department purchases takes back and disposes of certain fire–fighting foam; prohibiting a person from disposing of a certain foam in a certain manner; prohibiting a certain person, on or after a certain date, from manufacturing, or knowingly selling, offering for sale, or distributing for sale or use in the State a certain rug or carpet to which PFAS chemicals have been intentionally added for certain purposes; prohibiting a certain manufacturer or distributor, on or after a certain date, from manufacturing, or knowingly selling, offering for sale, or distributing for sale or use in the State a certain food package or food packaging component to which PFAS chemicals have been intentionally added; requiring the Department of the Environment and the Maryland Department of Health jointly to prepare, in coordination with certain entities, and submit to the General Assembly a certain PFAS Action Plan; and generally relating to PFAS chemicals. BY repealing and reenacting, with amendments, Article – Environment Section 6–1601 and 6–1603 Annotated Code of Maryland (2013 Replacement Volume and 2021 Supplement) BY repealing Article – Environment Section 6–1602 and 6–1604 Annotated Code of Maryland (2013 Replacement Volume and 2021 Supplement) Ch. 138 2022 LAWS OF MARYLAND – 2 – BY adding to Article – Environment Section 6–1602, 6–1604, and 6–1604.1 Annotated Code of Maryland (2013 Replacement Volume and 2021 Supplement) BY repealing and reenacting, without amendments, Article – Environment Section 6–1605 Annotated Code of Maryland (2013 Replacement Volume and 2021 Supplement) BY repealing and reenacting, with amendments, Article – Environment Section 9–1901 through 9–1905 Annotated Code of Maryland (2014 Replacement Volume and 2021 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Environment 6–1601. (a) In this subtitle the following words have the meanings indicated. (b) “Class B fire–fighting foam” OR “FOAM” means a foam designed for flammable liquid fire. (C) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A CHEMICAL IN THE FORM ATION OF A PRODUCT W HERE THE CHEMICAL ’S CONTINUED PRESENCE IS DESIRED IN THE PRODUCT TO PR OVIDE A SPECIFIC CHA RACTERISTIC. (D) “PERSONAL PROTECTIVE E QUIPMENT” MEANS ITEMS DESIGNED , INTENDED, OR MARKETED TO BE WO RN BY FIRE–FIGHTING PERSONNEL I N THE PERFORMANCE OF THEIR FIRE AND RESCUE ACTI VITIES, INCLUDING JACKETS , PANTS, SHOES, GLOVES, HELMETS, AND RESPIRATORY EQUI PMENT. [(c)] (E) “PFAS chemicals” means, WHEN USED IN FIRE –FIGHTING AGENTS , FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING , AND RUGS AND CARPETS , a class of fluorinated organic chemicals that[: (1) Contain] CONTAIN at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances[; and LAWRENCE J. HOGAN, JR., Governor Ch. 138 – 3 – (2) Are designed to be fully functional in Class B fire–fighting foam formulations]. (F) “RUG OR CARPET ” MEANS A THICK FABRIC USED TO COVER A FLOOR, INCLUDING: (1) COMMERCIAL OR RESIDEN TIAL BROADLOOM CARPE T; AND (2) A PAD OR AN UNDERLAYME NT USED IN CONJUNCTI ON WITH A CARPET. (G) “TERMINAL” MEANS: (1) A BULK LIQUID STORAGE FACILITY EXCLUSIVELY ENGAGED IN THE MERCHANT WHOLESA LE DISTRIBU TION OF PETROLEUM PR ODUCTS, INCLUDING LIQUEFIED PETROLEUM GAS , THAT CONTAINS AT LEA ST ONE STORAGE TANK CONTAINING PETR OLEUM PRODUCTS WITH A SURFACE AREA OF 120 SQUARE METERS OR GREATER ; OR (2) A FACILITY ENGAGED IN THE DISTRIBUTION OF CRUDE PETROLEUM FR OM EXTRACTION OR PRO CESSING FACILITIES T HAT INCLUDES AT LEAST ONE STORAGE TA NK CONTAINING CRUDE PETROLEUM WITH A SUR FACE AREA OF 120 SQUARE METERS OR GRE ATER. [6–1602. (a) This subtitle does not apply to fire –fighting foams used at the Baltimore–Washington International Thurgood Marshall Airport. (b) This subtitle does not restrict: (1) The manufacture, sale, or distribution of Class B fire–fighting foam that contains intentionally added PFAS chemicals; or (2) The discharge or other use of Class B fire–fighting foam that contains intentionally added PFAS chemicals in emergency fire–fighting or fire prevention operations.] 6–1602. THE DEPARTMENT MAY SHALL ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE. 6–1603. Ch. 138 2022 LAWS OF MARYLAND – 4 – (A) [On or after October 1, 2021,] EXCEPT AS PROVIDED IN SUBSECTION SUBSECTIONS (B) AND (C) OF THIS SECTION, ON OR AFTER JANUARY 1, 2023, 2024, A PERSON MAY NOT USE , MANUFACTURE , OR KNOWINGLY SELL , OFFER FOR SALE , OR DISTRIBUTE FOR SA LE OR USE Class B fire–fighting foam that contains intentionally added PFAS chemicals [may not be used for: (1) Testing purposes, including calibration testing, conformance testing, and fixed–system testing unless: (i) The use is required by law or by the agency having jurisdiction over the testing facility; and (ii) The testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of foam into the environment; or (2) Training purposes] IN THE STATE. (B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A PERSON MAY USE , MANUFACTURE , SELL, OFFER FOR SALE , OR DISTRIBUTE FOR SA LE OR USE CLASS B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS CHEMICALS IN THE STATE: (1) ON OR BEFORE SEPTEMBER 30, 2024, IF THE FIRE–FIGHTING FOAM WILL BE USED AT AN AIRPORT, A PORT, A REFINERY, OR A CHEMICAL PLANT ; (2) ON OR BEFORE DECEMBER 31, 2027, IF THE FIRE–FIGHTING FOAM WILL BE USED AT A TERMINAL; AND (3) ON OR BEFORE ANY APPL ICABLE DATE SPECIFIE D IN FEDERAL LAW, IF THE FIRE–FIGHTING FOAM WILL B E USED BY A PERSON T HAT IS REQUIRED TO USE CLASS B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS CHEMICALS. (B) (C) (1) A PERSON THAT IS AUTHO RIZED UNDER FEDERAL LAW SUBSECTION (B) OF THIS SECTION TO USE CLASS B FIRE–FIGHTING FOAM THAT CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS: (I) MAY NOT RELEASE THE F OAM DIRECTLY INTO TH E ENVIRONMENT , INCLUDING THROUGH UN SEALED GROUND , SOAKAGE PITS , WATERWAYS , OR UNCONTROLLED DRAI NS; AND (II) SHALL: LAWRENCE J. HOGAN, JR., Governor Ch. 138 – 5 – 1. FULLY CONTAIN ALL RELEA SES ON SITE; 2. IMPLEMENT CONTAINMENT MEASURES, INCLUDING BUNDS AND PONDS , THAT ARE CONTROLLED AND IMPERVIOUS TO PFAS CHEMICALS AND DO NOT ALLOW FIREWATER , WASTEWATER , RUNOFF, AND OTHER WASTES TO BE RELEASE D INTO THE ENVIRONME NT, INCLUDING SOILS , GROUNDWATER , WATERWAYS , AND STORMWATER ; 3. DISPOSE OF ALL FIREWA TER, WASTEWATER , RUNOFF, AND OTHER WASTES IN A WAY THAT PREVENTS RELEASES INTO THE EN VIRONMENT; 4. WITHIN 5 DAYS AFTER A RELEASE IN VIOLATION OF ITEM (I) OF THIS PAR AGRAPH, REPORT THE RELEASE T O THE DEPARTMENT , INCLUDING INFORMATIO N ON THE IDENTITY OF THE FOAM, THE QUANTITY USED , THE TOTAL PFAS CONCENTRATION , AND THE FORM OF ANY WASTE THAT CONTAINS PFAS CHEMICALS; AND 5. MAINTAIN DOCUMENTATIO N ON ANY MEASURES TAKEN UNDER THIS PAR AGRAPH. (2) (I) IN INVESTIGATING COMP LIANCE WITH THIS SUB SECTION, THE DEPARTMENT , THE ATTORNEY GENERAL, A STATE’S ATTORNEY FOR A COUNTY OR BALTIMORE CITY, A COUNTY ATTORNEY , OR A CITY ATTORNEY MAY REQUEST DOCUMENTATION MAINTA INED UNDER PARAGRAPH (1) OF THIS SUBSECTION . (II) A PERSON THAT RECEIVES A REQUEST UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE THE DOCU MENTATION ON REQUEST. (3) A FAILURE TO MEET THE REQUIREMENTS OF PARA GRAPH (1) OR (2) OF THIS SUBSECTION D OES NOT PRECLUDE THE USE OF CLASS B FIRE–FIGHTING FOAM CONTAINING INTE NTIONALLY ADDED PFAS CHEMICALS IF THE FAI LURE WAS A RESULT OF FACTORS BEYOND THE CONTROL O F THE PERSON. (C) (D) (1) IF A PERSON SELLS PER SONAL PROTECT IVE EQUIPMENT FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS IN THE STATE, THE PERSON SHALL PROVIDE WRITTE N NOTICE TO THE PURC HASER AT THE TIME OF THE SALE THAT INCLUDES : (I) A STATEMENT THAT THE P ERSONAL PROTECTIVE EQUIPMENT CONTAINS PFAS CHEMICALS; AND (II) THE REASON THAT THE P ERSONAL PROTECTIVE EQUIPMENT CONTAINS PFAS CHEMICALS. Ch. 138 2022 LAWS OF MARYLAND – 6 – (2) BOTH THE PERSON SELLI NG PERSONAL PROTECTI VE EQUIPMENT FOR FIRE FIGHTING THAT CONTAINS PFAS CHEMICALS AND THE PU RCHASER OF THE PERSONAL PROTECT IVE EQUIPMENT SHALL RETAIN THE NOTICE UN DER PARAGRAPH (1) OF THIS SUBSECTION F OR AT LEAST 3 YEARS AFTER THE DATE OF THE SALE. (E) (1) ON REQUEST OF A FIRE DEPARTMENT IN THE STATE, THE DEPARTMENT SHALL PURCHASE TAKE BACK FROM THE FIRE DEPART MENT CLASS B FIRE–FIGHTING FOAM THAT C ONTAINS INTENTIONALL Y ADDED PFAS CHEMICALS FOR THE PRICE THAT T HE FIRE DEPARTMENT P AID WHEN IT PURCHASED THE FIRE –FIGHTING FOAM . (2) THE DEPARTMENT SHALL DISP OSE OF FIRE–FIGHTING FOAM PURCHASED RECEIVED UNDER THIS SUBSECTIO N IN A MANNER CONSIS TENT WITH THIS SUBTITLE. (3) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 TO THE DEPARTMENT FOR THE PURPOSE OF PURCHASING TAKING BACK AND DISP OSING OF FIRE–FIGHTING FOAM UNDER THIS SECT ION. [6–1604. Nonfluorinated training foam shall be used for purposes of fire–fighting training.] 6–1604. A PERSON MAY NOT DISPO SE OF A CLASS B FIRE–FIGHTING FOAM THAT CONTAINS INTENTIONAL LY ADDED PFAS CHEMICALS: (1) USING INCINERATION , INCLUDING BY BURNING , COMBUSTION , PYROLYSIS, GASIFICATION, THERMAL OXIDATION , ACID RECOVERY FURNAC E OR OXIDIZER, ORE ROASTER , CEMENT KILN , LIGHTWEIGHT AGGREGAT E KILN, INDUSTRIAL FURNACE B OILER, AND PROCESS HEATER ; OR (2) IN A LANDFILL. 6–1604.1. (A) THIS SECTION DOES NOT APPLY TO THE SALE OR RESALE OF A USED RUG OR CARPET. LAWRENCE J. HOGAN, JR., Governor Ch. 138 – 7 – (B) ON OR AFTER JANUARY 1, 2023, 2024, A PERSON MAY NOT MANUFACTURE , MANUFACTURE OR KNOWINGLY SELL, OFFER FOR SALE , OR DISTRIBUTE FOR SALE OR USE IN THE STATE A RUG OR CARPET TO WHICH PFAS CHEMICALS HAVE BEEN INTENTIONALLY ADDED . (C) (1) A PERSON THAT MANUFACTURES , SELLS, OFFERS FOR SALE , OR DISTRIBUTES MANUFACTURES A RUG O R CARPET FOR SALE OR USE IN T HE STATE A RUG OR CARPET SHALL ESTABLISH A CERTIFICATE OF COM PLIANCE TO ATTEST THAT THE RUG OR CARP ET IS IN COMPLIANCE WITH THE REQUIREMENT S OF THIS SECTION. (2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A PERSON SHALL PROVIDE THE CERTIFICATE OF C OMPLIANCE ESTABLISHE D UNDER PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT . 6–1605. A person who violates this subtitle is subject to: (1) For a first violation, a civil penalty not exceeding $500; and (2) For a second or subsequent violation, a civil penalty not exceeding $1,000. 9–1901. (a) In this subtitle the following words have the meanings indicated. (b) “Distributor” means any person that: (1) Sells a packaged product to a retailer; or (2) Receives a shipment or consignment of, or in any other manner acquires, packaged products for distribution to a retailer for: (i) Sale to a consumer; or (ii) Promotional purposes. (C) “FOOD PACKAGE ” MEANS A PACKAGE THAT IS DESIGNED AND INTENDED FOR DIRECT FOOD CONT ACT AND IS COMPOSED , IN SUBSTANTIAL PART , OF PAPER, PAPERBOARD, OR OTHER MATERIALS O RIGINALLY DERIVED FR OM PLANT FIBERS , INCLUDING: Ch. 138 2022 LAWS OF MARYLAND – 8 – (1) A FOOD OR BEVERAGE PRO DUCT THAT IS CONTAIN ED IN A FOOD PACKAGE OR TO WHICH A FOOD PACKAGE IS AP PLIED; (2) A PACKAGING COMPONENT OF A FOOD PACKAGE ; AND (3) PLASTIC DIS POSABLE GLOVES USED IN COMMERCIAL OR INSTITUTIONAL FOOD S ERVICE. (D) “INTENTIONALLY ADDED ” MEANS THE ACT OF DEL IBERATELY USING A CHEMICAL IN THE FORM ATION OF A PACKAGE O R PACKAGING COMPONEN T WHEN THE CHEMICAL ’S CONTINUED PRESENCE IS DESIRED IN THE FI NAL PACKAGE OR PACKAGING COMPONENT TO PROVIDE A SPECIFI C CHARACTERISTIC . [(c)] (E) (1) “Manufacturer” means any person that manufactures a package or packaging component. (2) “Manufacturer” includes any person that sells a package or packaging component to a distributor. [(d)] (F) (1) “Package” means a container used to market, protect, or handle a product. (2) “Package” includes: (i) A unit package, an intermediate package, and a shipping container as defined by the American Society for Testing and Materials; and (ii) An unsealed receptacle such as a carrying case, crate, cup, pail, rigid foil or other tray, wrap, wrapping film, bag, and tub. [(e)] (G) (1) “Packaging component” means any individual assembled part of a package. (2) “Packaging component” includes any interior or exterior blocking, bracing, cushioning, weatherproofing, coating, closure, label, ink, dye, pigment, adhesive, or any other additive. (3) “Packaging component” does not include any package or packaging component that contains cadmium and is intended for reuse more than 5 times. (H) “PFAS CHEMICALS” MEANS, WHEN USED IN FIRE –FIGHTING AGENTS , FIRE–FIGHTING EQUIPMENT , FOOD PACKAGING , AND RUGS AND CARPETS , A CLASS OF FLUORINATED ORGAN IC CHEMICALS THAT CO NTAIN AT LEAS T ONE FULLY FLUORINATED CARBON A TOM, INCLUDING PERFLUOROA LKYL AND POLYFLUOROALKYL SUBS TANCES. LAWRENCE J. HOGAN, JR., Governor Ch. 138 – 9 – 9–1902. (a) Except as provided in §§ 9–1903 and 9–1904 of this subtitle, on or after July 1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional purposes any package or packaging component or any product in a package or packaging component to which any of the following was intentionally added during manufacture or distribution: (1) Lead; (2) Cadmium; (3) Mercury; or (4) Hexavalent chromium. (b) The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium incidentally present in a package or packaging component may not exceed: (1) By July 1, 1993, 600 parts per million by weight or 0.06%; (2) By July 1, 1994, 250 parts per million by weight or 0.025%; and (3) By July 1, 1995, 100 parts per million by weight or 0.01%. (c) Tin plated steel that meets the American Society for Testing and Materials Specification A–623 shall be considered a single packaging component. (D) ON OR AFTER JANUARY 1, 2023, 2024, A MANUFACTURER OR DISTRIBUTOR MAY NOT MANUFACTURE , OR KNOWINGLY SELL, OFFER FOR SALE , OR DISTRIBUTE FOR SALE OR USE IN THE STATE A FOOD PACKAGE OR FOOD PACKAGING COMPONENT DESIGNED A ND INTENDED FOR DIRE CT FOOD CONTACT TO WHICH PFAS CHEMICALS WERE INTEN TIONALLY ADDED . 9–1903. The provisions of § 9–1902(A) THROUGH (C) OF this subtitle do not apply to: (1) If it contains a code indicating the date of manufacture, a package or packaging component that was manufactured prior to July 1, 1993; (2) Until July 1, 1997, a package and packaging component that would not exceed the concentration levels set forth in § 9–1902 of this subtitle but for the addition of recycled materials; Ch. 138 2022 LAWS OF MARYLAND – 10 – (3) A package or packaging component conditionally exempt under § 9–1904 of this subtitle; and (4) Any alcoholic beverage bottled before October 1, 1992. 9–1904. (a) A manufacturer or distributor of a package or packaging component may submit to the Department an application for a conditional exemption from the provisions of § 9–1902(A) THROUGH (C) OF this subtitle. (b) On the written application of a manufacturer or distributor, the Department may grant a conditional exemption if the Department finds that: (1) In order to comply with a health or safety requirement of federal law, lead, cadmium, mercury, or hexavalent chromium have been added to the package or packaging component in the manufacturing, forming, printing, or distribution process; or (2) The regulated substance is essential to the protection, safe handling, or function of the package contents. (c) A conditional exemption granted under this section: (1) Expires 2 years after the date the Department grants the exemption; and (2) If the manufacturer or distributor meets the criteria under subsection (b) of this section, may be renewed for additional periods of 2 years. 9–1905. (a) To enforce the provisions of this subtitle, the Department may: (1) Notify a manufacturer that there are grounds for suspecting that a package or packaging component produced by the manufacturer may not be in compliance with the provisions of this subtitle; and (2) Request the manufacturer to certify that the package or packaging component is in compliance, INCLUDING BY REQUEST ING THE MANUFACTURER ’S CERTIFICATE OF COMPL IANCE ESTABLISHED UN DER SUBSECTION (C) OF THIS SECTION. (b) If the manufacturer certifies that the package or packaging component is exempt under § 9–1903 of this subtitle, the manufacturer shall identify the specific basis on which the exemption is claimed. LAWRENCE J. HOGAN, JR., Governor Ch. 138 – 11 – (C) (1) A MANUFACTURER OR DISTRIBUTOR THAT MANUFACTURES , SELLS, OFFERS FOR SALE , OR DISTRIBUTES FOR USE I N THE STATE A FOOD PACKAGE OR FOOD PACKAGING CO MPONENT SHALL ESTABL ISH A CERTIFICATE OF COMPLIANCE TO ATTEST THAT THE FOOD PACKAG E OR FOOD PACKAGING COMPONENT IS IN COMP LIANCE WITH THE REQU IREMENTS OF § 9–1902(D) OF THIS SUBTITLE. (2) WITHIN 30 DAYS AFTER A REQUEST BY THE DEPARTMENT , A MANUFACTURER SHALL P ROVIDE THE CERTIFICA TE OF COMPLIANCE EST ABLISHED UNDER PARAGRAPH (1) OF THIS SUBSECTION T O THE DEPARTMENT . [(c)] (D) If the manufacturer OR DISTRIBUTOR fails to certify that the package or packaging component is in compliance or is exempt, the Department may seek an injunction under § 9–1906 of this subtitle to require the manufacturer OR DISTRIBUTOR to withdraw the package or packaging component in question from sale or promotional use within the State. SECTION 2. AND BE IT FURTHER ENACTED, That: (a) On or before December 31, 2022, the Department of the Environment shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: (1) the location and results of any testing for PFAS chemicals, as defined in § 6–1601 of the Environment Article, that the Department has conducted on waters of the State; (2) any plan the Department has for further testing for PFAS chemicals in waters of the State; and (3) any plan the Department has for remediation and public education in areas where the water has been found to be contaminated by PFAS chemicals. (b) On or before December 31, 2023, the Department of the Environment and the Maryland Department of Health jointly shall prepare, in coordination with other relevant State agencies, the federal government, local governments, and the public, and submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, a PFAS Action Plan to identify strategies, actions, and funding alternatives to: (1) minimize environmental exposure to PFAS chemicals for Maryland residents, in addition to regulating its use in fire–fighting foam, food packaging and food packaging components, rugs, and carpets; (2) minimize future releases of PFAS chemicals into the environment; Ch. 138 2022 LAWS OF MARYLAND – 12 – (3) identify, assess, and clean up historical releases of PFAS chemicals in Maryland; (4) assess any concerns related to environmental justice, health equity, and PFAS chemical contamination; and (5) educate and communicate to Maryland residents the risks associated with PFAS chemicals. SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2022. Approved by the Governor, April 21, 2022.