United States, Maine: DEP Proposes New Rule to Regulate PFAS in Products

The Maine Department of Environmental Protection (DEP) is finalizing its new Chapter 90 rule, which outlines how the state will manage intentionally added PFAS (per- and polyfluoroalkyl substances) in products sold in Maine. This rule puts into action the requirements of Maine's law (38 M.R.S. §1614) aimed at reducing potential PFAS contamination and human exposure by phasing out non-essential uses through sales prohibition. 
The Chapter 90 rule establishes a process for manufacturers to seek a "currently unavoidable use" (CUU) designation. This designation applies if the use of PFAS is critical for a product essential to health, safety, or the functioning of society, and alternatives are not reasonably available. The rule details how the DEP will implement the law and set expectations for businesses needing to apply for these CUU designations. 
Manufacturers whose products receive a CUU designation must still meet notification requirements before continuing sales in Maine beyond the applicable prohibition date. These notifications must include details such as a product description, the specific PFAS used (identified by name and CAS number if possible), the purpose of the PFAS, and an estimate of units sold. Failure to provide the required notice can prevent the product from being legally sold or distributed in Maine.
This regulation applies specifically to new and unused products and their components that contain intentionally added PFAS and are sold, offered for sale, or distributed within Maine, unless specific exemptions apply. It's important for businesses to note that PFAS refers broadly to the class of fluorinated organic chemicals with at least one fully fluorinated carbon atom. 

For more detailed official information from the Maine DEP:

• General Information on PFAS and Maine DEP (webpage)
• Basis Statement and Response to Comments (April 2025)
• Proposed Rule Clean (7 April 2025)
• Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances (7 April 2025)