Earlier this month, Maine DEP (Department) announced it would be proposing—or more accurately, re-proposing—the addition of two chemical to its list of “Priority” chemicals.  The Department announced that it would be drafting rules to include formaldehyde and phthalates to its list of “Priority” chemicals.  

By way of background, the current law creates three categories of chemicals: “Concern”, “High Concern”, and “Priority”. Only “Priority” chemicals intentionally used within “Children’s Products” at amounts greater than de minimus levels trigger reporting requirements.  

Formaldehyde had previously been included in a rulemaking in March of 2014 that would have elevated it to “Priority” status had it not been dropped from the process.  Phthalates had initially been proposed as a “Priority” chemical in July of 2014, but a final rule was never released. Now, the Department has re-proposed both chemicals. If the rulemaking is successful, it will bring Maine’s list of Priority Chemicals to seven. The current list includes bisphenol A (BPA), NP/NPE, cadmium, mercury, and arsenic. Draft rules for formaldehyde can be found here and here for phthalates. The deadline for public comments on both chemicals closes February 17, 2015.