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ARTICLE · 04 AUGUST 2025

Comments On Maine's Proposed CUU Amendment Due September 2, 2025

Bergeson & Campbell
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The Maine Department of Environmental Protection (MDEP) began a public consultation on July 30, 2025, on a proposed amendment to Chapter 90...

United StatesEnvironment
Lynn L. Bergeson Esq.
Lynn L. Bergeson Esq.
Carla Hutton
Carla Hutton
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The Maine Department of Environmental Protection (MDEP) began a public consultation on July 30, 2025, on a proposed amendment to Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). The proposed amendment would add two designations for currently unavoidable uses (CUU) of intentionally added PFAS in cleaning products subject to sales prohibition beginning January 1, 2026. According to the fact sheet, MDEP "held discussions with the Minnesota Pollution Control Agency which is implementing legislation that is similar to Maine's statute." The fact sheet notes that manufacturers of products included within a CUU determination must submit notification of their continued use of PFAS to MDEP. The proposed amendment states that MDEP has determined that the following uses of PFAS are CUUs. Each determination will remain in effect until the date listed below:

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