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Maine Proposes Designating Four Phthalates as Priority Chemicals

July 28, 2014

The state of Maine has issued a proposed rule (Chapter 888) that would designate four phthalates as priority chemicals and require manufacturers or distributors to report the intentional use of these four phthalates, above de minimis levels, in specific product categories offered for sale or distribution in Maine. The four designated phthalates, all currently on Maine’s list of 49 Chemicals of High Concern, are:

  • Di(2-ethylhexyl) phthalate (DEHP);
  • Dibutyl phthalate (DBP);
  • Benzyl butyl phthalate (BBP); and
  • Diethyl phthalate (DEP).

The applicable product categories are as follows:

  • Apparel and footwear;
  • Arts and crafts products;
  • Cosmetic and personal care products;
  • Personal accessories (e.g. backpacks, bags, purses, wallets, cases, jewelry and watches, etc.);
  • Building products;
  • Home maintenance products;
  • Household and commercial cleaning products; and
  • Household furniture and furnishings.

Reporting deadlines would be staggered, based upon the manufacturer’s annual aggregate gross sales, with the largest manufacturers (more than $1 billion dollars) having to report within 12 months of the effective date of the rule, larger manufacturers (between $250 million and $1 billion) having to report within 18 months, and medium-sized manufacturers (between $100 million and $250 million) having to report within 24 months. The department would establish reporting deadlines for small manufacturers ($100 million or less).

Reporting requirements may be waived for manufacturers who have provided substantially equivalent information to the state of Washington if that information is publicly available from Washington’s online database.

A public hearing for this proposed rule will be held on July 29, 2014, and the comment deadline is September 29, 2014.

Copy of Draft Rule