Maine Department of Environmental Protection has extended Currently Unavoidable Use (CUU) designations by two years for certain product categories subject to PFAS sales prohibitions. This extension provides manufacturers additional time to continue selling products with intentionally added PFAS that have received CUU determinations, while they work toward reformulation or alternative compliance strategies. The extension affects the timeline for compliance with Maine's PFAS in Products law for CUU-designated products.
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.
Maine enacted Chapter 68 (S.P. 419 - L.D. 987) amending 38 MRSA §1614 to clarify the motor vehicle exemption language in the state's PFAS in products statute. The amendment modifies subsection 4(I) regarding exemptions for motor vehicles and motor vehicle equipment. This statutory clarification affects the scope of products exempt from Maine's PFAS sales prohibitions.
Public Law 2023, c. 630 (effective August 9, 2024) eliminated the general notification requirement for products containing intentionally added PFAS that was previously scheduled to take effect January 1, 2025. In its place, the legislation established a new reporting program specifically for product categories that receive a Currently Unavoidable Use (CUU) determination from the Department. This represents a significant shift in Maine's PFAS product compliance framework, replacing broad manufacturer notification with a targeted reporting obligation tied to CUU designations.