New Priorities: DEP Adds Two Flame Retardants to Priority Chemicals List

The Maine Department of Environmental Protection (“DEP” or “the Department”) recently adopted a new regulation that adds two flame retardants to the State’s “Priority Chemicals” list. The regulation requires that manufacturers and distributers who intentionally add decabromodiphenyl ether (“deca BDE”) or hexabromocylododecane to “Children’s Products” report that activity to the Department no later than August 31, 2017. The DEP assesses a one-time reporting fee and has authority to bring enforcement actions against entities that fail to report the addition of either chemical. The DEP derives its regulatory authority over chemicals in children’s products through the Maine Toxic Chemicals in Children’s Products Act.

This blog continues to cover developments in Maine’s toxic chemicals reporting requirements. Please see previous posts or contact the author directly at mtodaro@verrilldana.com to learn more about the Act and the compliance steps that your business should consider.