The Maine Department of Environmental Protection (MDEP) began a public consultation on July 30, 2025, on a proposed amendment to Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). The proposed amendment would add two designations for currently unavoidable uses (CUU) of intentionally added PFAS in cleaning products subject to sales prohibition beginning January 1, 2026. According to the fact sheet, MDEP "held discussions with the Minnesota Pollution Control Agency which is implementing legislation that is similar to Maine's statute." The fact sheet notes that manufacturers of products included within a CUU determination must submit notification of their continued use of PFAS to MDEP. The proposed amendment states that MDEP has determined that the following uses of PFAS are CUUs. Each determination will remain in effect until the date listed below:
- The use of PFAS in a cleaning product container internal cartridge valve within the Harmonized Tariff System (HTS) classification 3926.90.4510, that are used in the industrial sector with the North American Industry Classification System (NAICS) codes 561210 and 561720, is a CUU until January 1, 2031; and
- The use of PFAS in a cleaning product container vented cap liner within the HTS classification 3921.19.0000, 7607.20.5000, and 3923.50.0000, that are used in the industrial sector with the NAICS code 322299, is a CUU until January 1, 2031.
MDEP will hold a public hearing on August 21, 2025. Comments are due September 2, 2025. More information on the CUU proposals is available in our July 14, 2025, memorandum.
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