Maine's Strict Process for PFAS Currently Unavoidable Use Exemptions

Maine's PFAS in Products Program, enacted in 2021 under LD1503, prohibits the sale and distribution of products containing intentionally added PFAS according to a phased timeline. The first prohibition took effect on January 1, 2023, with subsequent deadlines on January 1, 2026 (now passed), January 1, 2032, and January 1, 2040.

Currently Unavoidable Use (CUU) exemptions
The legislation allows for Currently Unavoidable Use (CUU) exemptions when manufacturers can demonstrate that PFAS is essential for health, safety, or the functioning of society and that no reasonably available alternatives exist. However, Maine's Board of Environmental Protection has established a stringent review process. CUU exemption applications may be submitted between 18 and 60 months before the applicable deadline. For the January 1, 2032 prohibition, applications may be submitted between January 1, 2027, and July 1, 2030. Granted exemptions are valid for five years and require reapplication.
In the first round of CUU exemption applications for the 2026 deadline, the Board granted only 2 out of 11 requests. The approved exemptions cover an internal cartridge valve and vented cap liner for cleaning product containers, valid until January 1, 2031.

Compliance considerations
The low approval rate (18%) in the first round demonstrates Maine's strict interpretation of "currently unavoidable" status. Companies planning to seek exemptions should begin evaluation and documentation of essentiality and alternative analysis well in advance of submission deadlines.

Detailed instructions and requirements for the application process are available on the Maine Department of Environmental Protection's CUU guidance page.