As part of the amended Maine PFAS in products law, a rulemaking was required to determine the process for applying for a currently unavoidable use (CUU) designation and the process and fees for future reporting of those items. Additionally, the final rule is used as a place to make any clarifications or guidance for the product bans that will take effect in January 2026.
PFAS in Products Prohibition
For products covered under the prohibition of intentionally added PFAS that becomes effective in January 2026, some clarifications were made to:
- Definitions including:
- Noting that ‘intentionally added PFAS’ does not include PFAS that is a contaminant or on the product due to use during a manufacturing process and is not present in the final product.
- Packaging is considered a product only when it is sold in bulk or integral to the use of the product. Packaging that is used to market, protect, or handle the product is not in scope.
- Effective Date – The prohibition becomes effective immediately on the listed date for all covered products include those already in commerce.
- Exemptions – This reiterates the exemptions listed in the amended law with some further details.
Reporting for Products Deemed as having a Currently Unavoidable Use (CUU)
- Section 9 of the rule outlines the process and information required to apply for a currently unavoidable use (CUU) determination. The request must be submitted no later than 18 months before the sales prohibition would take effect but cannot be submitted earlier than 60 months ahead of the effective date.
- If an application is submitted and approved for a CUU by the DEP, any product covered by this determination can be sold after the effective date. However, the manufacturer must report specific information to the DEP.
- It is encouraged to submit the reporting prior to any effective dates for product that will be on the market as of that date.
- Information to be reported is listed in the rule and includes product description and use, volume sold annually, purpose of intentionally added PFAS, name of the PFAS used including CAS number if applicable, amount of PFAS present, and contact information for the manufacturer.
- A waiver for the notification requirements may be possible if it can be proven that “substantially equivalent information” is already publicly available.
- The rule also addresses fees for any product required to report to the State.
For more information, see link for full details:
Maine DEP Final Rulemaking - Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substance
https://www.maine.gov/sos/sites/maine.gov.sos/files/inline-files/096c090.docx
BV Bulletin for details of the current version of the law:
https://www.cps.bureauveritas.com/newsroom/maine-significantly-amends-pfas-reporting-and-product-bans
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