Draft Rule on CUU of PFAS in Products

The Maine Department of Environmental Protection is proposing a new rule to establish criteria for currently unavoidable uses (CUU) of intentionally added PFAS in products and to implement the sales and prohibitions and notification requirements (relevant for a manufacturer with > 100 employees) for products containing intentionally added PFAS but determined to be a CUU. Manufacturer of products with intentionally added PFAS, which are sold or offered or distributed for sale in Maine (unless an exemption is eligible), are affected.

A notification must include: 

• Description of the product.
• Purpose for which PFAS are used, identity and amount of each PFAS used.
• For product components for which the Department has previously received notifications, which are used in more complex products containing the reported components, the manufacturer of the more complex product shall either report PFAS in the product including its components or refer to the supplier¿s submitted notifications for the product components and any PFAS in the remainder of the product. 

Relevant Exemptions (non-exhaustive list):

• A motor vehicle or motor vehicle equipment regulated under federal motor vehicle safety standards, as defined in 49 U.S.C. § 30102(a)(10), and any other motor vehicle, including an off-highway vehicle or specialty motor vehicle, such as an all-terrain vehicle, side-by-side vehicle, farm equipment or personal assistive mobility device. But the exemption, under this subsection does not apply to any textile article or refrigerant that is included in or as a component of such products.
• A watercraft as defined in 32 M.R.S. § 13001(28), or a seaplane. The exemption does not apply to any textile article or refrigerant that is included in or as a component part of such products.
• A semiconductor, including semiconductors incorporated into electronic equipment, and equipment and materials used in the manufacture of semiconductors.

Proposals for CUU determinations may be submitted by manufacturers individually or collectively. For initial currently unavoidable use proposals, the requester shall submit the information in this section no later than 18 months and not earlier than 36 months prior to the applicable sales prohibition. A CUU proposal must, at a minimum, contain:

• Description of the type of product.
• Explanation of why the availability of PFAS in the specific product is essential for health, safety or the functioning of society. This may include or take the form of a description of the negative impact that would be caused by the unavailability of PFAS for use in the product and the subsequent unavailability or unsatisfactory performance of the product.
• A description of how the specific use of PFAS in the product is essential to the function of the product.
• A description of whether there are alternatives for this specific use of PFAS which are reasonably available including: a list of federal regulations, other State of Maine rules, and regulations of other states which the product described is subject to by reason of containing intentionally added PFAS.