|
[Summary]
Issuing Authority: Maine Department of Environmental Protection (DEP)
Date of Issue: April 7, 2025
Subject: Proposed Rule Chapter 90 – Regulation of Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)
Legal Basis: Maine Revised Statutes, Title 38, Section 1614
|
|
[Main Points]
Purpose:
- To establish notification requirements and sales prohibitions for products containing intentionally added PFAS.
- To identify and regulate "Currently Unavoidable Uses" (CUUs) of PFAS in products.
Scope and Policy:
- Applicability
- The rule applies to all new and unused products sold, offered for sale, or distributed for sale in Maine that contain intentionally added PFAS, unless exempted.
- Definitions
- Clarifies terms such as "intentionally added PFAS," "currently unavoidable use," and various product categories.
Implementation:
- Notification Requirements:
- Manufacturers must report products with intentionally added PFAS to the DEP, including details like product description, amount of PFAS, and purpose.
- Sales Prohibitions:
- Phased prohibitions on the sale of certain products containing intentionally added PFAS, with specific timelines outlined in the statute.
- Currently Unavoidable Uses (CUUs):
- Establishes a process for manufacturers to apply for CUU determinations, allowing continued use of PFAS in specific applications deemed essential and without alternatives.
Regulatory Impact:
- Manufacturers:
- Must assess product formulations, report PFAS usage, and potentially reformulate products or cease sales in Maine if PFAS use is not deemed a CUU.
- Retailers:
- Prohibited from selling products containing intentionally added PFAS unless compliant with notification requirements or identified as a CUU.
- Consumers:
- Increased transparency regarding PFAS in products and reduced exposure through phased-out sales of non-essential PFAS-containing products.
Reference :
https://www.maine.gov/dep/bep/2025/04-07-25/Chapter%2090%20Proposed%20Rule%20mark-up.pdf
https://www.maine.gov/dep/spills/topics/pfas/PFAS-products/
|