As we enter May, we welcome warmer weather and all the outdoor activities that we enjoy and love. For me, this is the time of year I spend time on the farm, tending to the flowers. I’m also mindful that I should not take this beauty for granted. We must have a sustainable society that protects Maine’s natural resources and its environment.
Per- and polyfluroalkyl substances (PFAS), or “forever chemicals,” are a pressing issue in Maine and across the country. In Maine, the situation regarding PFAS contamination has been particularly concerning. These chemicals, even in small amounts, are linked to compromised immune systems, developmental issues in children and multiple types of cancer. Maine has been leading the charge in preventing and mitigating the effects of PFAS chemicals on Mainers and Maine’s natural resources.
As Senate Chair of the Environment and Natural Resources Committee, I worked with public health advocates, the business community and my fellow legislators to revisit our policies about PFAS in consumer products, particularly complex products with multiple components like cars and computers. With LD 1537, we banned whole categories of products from being sold into the state if they contain PFAS, such as personal care products, ski wax and artificial turf. At the same time, we made exceptions for products where the benefit to human health and safety at this time outweighs the use of PFAS in the product. Working through this policy took a year and a half, and the outcome was a unanimous vote in committee as well as the full Legislature. We all recognize the need to be cautious.
This session, the Maine Legislature passed LD 2135, “A Resolve Regarding the Operation and Future Capacity of State-owned Landfills,” which would direct several state agencies to investigate and make recommendations on the State’s solid waste management system. Data released to the Portland Press Herald shows 23 closed landfills across Maine are responsible for the contamination of 51 private drinking wells. This number is likely to grow as Maine has only tested 95 of more than 400 defunct landfills. Some of the highest concentrations of contamination in drinking wells in southern Maine include sites in Portland at 119.5 parts per trillion (ppt), Westbrook at 75 ppt and Gorham at 68.2 ppt.
LD 2135 was recently vetoed by Gov. Janet Mills, as she cited the first-ever national drinking water federal regulations from the U.S. Environmental Protection Agency as a reason not to implement this legislation. The new federal regulations would limit the presence of six forever chemicals in the drinking water for all Americans. LD 2135 would have required the operator of the state owned landfill to treat the leachate being released into the Penobscot River for PFAS. Earlier last week, the Federal EPA announced that both PFOA and PFOS, two of the oldest legacy PFAS chemicals, will be listed as hazardous substances. This new definition unlocks Superfund Site cleanup money. We can improve the quality of our drinking water while also lessening the pollution of PFAS chemicals from landfill leachate, protecting our surface waters. I do not believe the two are mutually exclusive. And, I feel strongly that the tribal communities adjacent to the state-owned landfill are unfairly subjected to known contamination by the state’s inaction on landfill leachate treatment. Additionally, evidence shows that contamination of surface waters leads to ocean contamination and has negative impacts on marine life and resources from the sea.
I urge my fellow legislators to help Maine adequately address PFAS contamination in the waters of Maine by overturning this veto. We must prioritize the long-term health and safety of Mainers and our environment over short-term economic concerns. I’ve heard the stories of too many Mainers who have been contaminated with PFAS directly (or indirectly) as a result of the sludge spread on Maine farmland and exposure as PFAS finds its way into Maine ponds, lakes and rivers. By taking a strong stand on the PFAS issue, the Maine Legislature has an opportunity to lead the way in protecting public health and the environment from the dangers of forever chemicals. Overturning the Governor’s Veto of LD 2135 is one place for us to start.
If you have questions, ideas or comments, please feel free to contact me at Stacy.Brenner@legislature.maine.gov or my legislative office at (207) 287-1515. You can also follow my Facebook page at Facebook.com/SenatorStacyBrenner for more frequent updates.