Maine's amended Chapter 90 rule became effective October 7, 2025, establishing the Currently Unavoidable Use (CUU) criteria framework and implementing sales prohibitions for products containing intentionally added PFAS under 38 M.R.S. §1614. The rule details notification requirements, exemptions, and compliance timelines for manufacturers.
The Maine Board of Environmental Protection approved two Currently Unavoidable Use (CUU) determinations: (1) cleaning product container internal cartridge valves and (2) cleaning product container vented cap liners. Both determinations are valid until January 1, 2031, allowing continued sale of products containing intentionally added PFAS for these specific applications. Nine other CUU proposals were denied, including cookware/bakeware with PTFE coatings, small kitchen appliances, upholstered furniture, and cosmetic product containers.
Maine DEP published guidance for manufacturers on submitting PFAS Notification Forms through the Maine Enterprise Licensing System (MELS) and instructions for preparing Currently Unavoidable Use (CUU) proposals. Key guidance points include: manufacturers with 100 or fewer employees are exempt from notification requirements; PPE is NOT considered a textile article for purposes of the January 2026 prohibition; and CUU proposals received before May 1, 2026 may be included in late spring 2026 rulemaking.