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PFAS Legislation in MN Impacts Closed-Cell SPF

-- UPDATE --

May 22, 2022 12:01 AM CT: As of this time, the Minnesota legislature adjourned Sunday without passing MN SF 4062 out of either chamber. The Conference Committee did pass an agreed upon version at 11:59pm (viewable here), but the clock had run out for any floor action. The agreed upon version does not contain any of the PFAS items highlighted in the previous action alert. Focus is now on the Governor as to whether he will call the legislature back for a special session, which he has stated many times in the past weeks he does not want to do. It is likely that if a special session is called, only the agreed upon language that was on the floor would be on the table for passage. Additional updates will be provided. 
 
Thank you to all the SPFAdvocacy Network members who engaged on this bill over the course of the session. Your efforts were extremely helpful in getting this preferred outcome and our write-in campaign to the Conference Committee was duly noted by ACC!


Legislators in Minnesota are currently negotiating the state’s omnibus environmental budget in conference committee, and the House version (HF 4492) contains language that would ban multiple uses of PFAS. SPFA is organizing opposition to the PFAS provisions from the House found in the conference version of SF 4062.
 
Issues for spray foam blowing agents in this bill:

  • Defines PFAS as substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
  • Creates mandatory disclosure of PFAS in all products that contain a single fully fluorinated carbon atom .
 
SPFA is asking membership to send letters to Senate Conferees opposing the PFAS provisions from the House conference version of SF 4062 by Tuesday, May 17.
 
  • Suggested language to include in your letters: Say NO to overly broad PFAS bans in consumer products, mandatory written disclosure to MN Pollution Control Agency for all products that contain PFAS, a ban on class B firefighting foam, and an unnecessary legislative mandate for administrative rules on PFAS HRLs and water quality standards (PCA and Dept. of Health already have that authority).

 


MD Bill Could Eliminate use of SPF in WAP Projects


*** UPDATE ***


February 9, 2022 3:00 PM ET - SPFA has been assured by MD Delegate Charkoudian, sponsor of MD HB-108, that the language prohibiting the use of insulation and air sealing products containing chemical sensitizers (SPF) from will be removed from the bill before it goes to the House Committee on Economic Matters on February 10th. 

This is great news! With this amendment, there is no further action needed at this time. SPFA thanks each of you that participated in this important campaign. Collectively you helped to save SPF in Maryland.

 


There are two identical bills in the Maryland legislature that impact the use of SPF.  These bills, if passed, would ban the use of thermal insulating materials for weatherization assistance programs that include formaldehyde or any substance that is a Category 1 respiratory sensitizer as defined in 29 CFR Part 1910 (Appendix A).   The latter restriction would preclude the use of all SPF insulation and sealants.  

The Maryland House of Delegates Bill HB 108will be heard on February 10 at 1 PM by the House Committee on Economic Matters.   An identical Senate Bill SB 524 has been scheduled for a hearing in the Senate Finance Committee on February 15 at 1 PM.  

This bill is likely to pass without significant opposition from SPF stakeholders residing in or doing business in Maryland.

The Spray Polyurethane Foam Alliance opposes this bill and we need your help to contact key legislators in the MD Legislature no later than February 10th

 

 

NY Bill Impacts Closed-Cell SPF

 





A new bill, NY A 8491, bill was introduced to the Assembly Environmental Conservation Committee and would require manufacturers of products with intentionally added PFAS to report to the department as of Jan. 1, 2024. The bill bans carpets, rugs, cosmetic products, fabric treatment and personal care products with PFAS as of Jan. 1, 2025 and bans all products containing intentionally added PFAS as of Jan. 1, 2030, unless the department determines that the use is currently unavoidable. Here is the definition of PFAS:

 "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully flourished carbon atom.

Under this bill, PFAS ban would include fluorine-based blowing agents used in nearly all closed-cell SPF products.   

The Spray Polyurethane Foam Alliance opposes this bill and we need your help to contact your member of the New York Sate Assembly.








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