The Maine Department of Environmental Protection (MDEP) updated its web page on per- and polyfluoroalkyl substances (PFAS) in products on May 2, 2025. The updated page includes links to the April 2025 final rule on products containing PFAS, instructions for submitting a currently unavoidable use (CUU) proposal, and frequently asked questions (FAQ). The FAQs address several questions related to CUU determinations, including:
- Does my product sold in Maine qualify for a CUU determination?
- How and when do I submit a CUU proposal?
- What are the timelines for MDEP's decision making on CUU proposals?
- How will MDEP communicate the results of a proposal for CUU determination?
- Will CUU determinations be public information?
- What will the status of the pending CUU proposals be while MDEP is actively reviewing them and has yet to reach a decision?
As reported in our April 11, 2025, blog item, CUU proposals are due June 1, 2025, for products containing intentionally added PFAS that are within a prohibited category beginning January 1, 2026. Those categories are cleaning products; cookware; cosmetics; dental floss; juvenile products; menstruation products; textile articles (with exception); ski wax; upholstered furniture; and products listed that do not contain intentionally added PFAS but that are sold, offered for sale, or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
