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[US] Maine, USA, Amends Rules for Implementing PFAS Regulations

 

 

[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/