PFAS Ban in Maine: What Companies Need to Know About the March 1 Deadline for Currently Unavoidable Use Requests
Effective January 1, 2030, the sale of any industrial, commercial, or consumer product containing intentionally added Per- and Polyfluoroalkyl Substances (PFAS) will be banned in Maine unless the use of PFAS in the product is specifically designated as a Currently Unavoidable Use (CUU). This week, the Maine Department of Environmental Protection (DEP) announced a March 1, 2024, deadline to submit initial CUU requests. In this webinar, Martha Marrapese, Partner at Wiley Rein LLP in Washington, DC, and Miranda Henning, Managing Principal at Integral Consulting Inc.’s office in Portland, ME, will explain how to obtain a CUU exemption.
PFAS is a broad term that refers to the family of synthetic organic compounds having carbon and fluorine. It was coined to address chemicals that may create similar concerns to perfluorooctanoic acid (PFOA) and perfluorooctanoic sulfonate (PFOS), called “forever chemicals” due to their longevity in the environment and the human body (persistence and bioaccumulation), but not all PFAS meet these criteria. PFAS chemicals have been used since the 1940s in many common and essential kinds of products, machinery, and equipment.
The broad scope of Maine’s law on PFAS reporting and product bans makes this state the bellwether for all current and proposed regulations that seek increased clarity and restrictions on the use of PFAS in products. Companies with products that are engineered or need to have PFAS should not miss this opportunity to submit a CUU request. While future opportunities to add CUU designations are anticipated, companies that ask for a CUU now will have the advantage of seeing their use included from the outset in the rule Maine expects to propose.
Without a CUU designation, Maine’s law will have a significant and disproportionate effect on manufacturers of complex products that must meet strict performance and safety standards. This webinar will provide companies with important context and specific guidance on how to apply for an exemption from Maine’s PFAS in products ban.
