Beginning January 1, 2030, any product containing intentionally added per- and polyfluoroalkyl substances (PFAS) may not be sold in Maine unless the use of PFAS in the product is specifically designated as a currently unavoidable use (CUU) by the Maine Department of Environmental Protection (MDEP). MDEP is currently accepting requests for proposals from those seeking CUU determinations. Manufacturers may submit proposals individually or collectively. MDEP notes that these determinations will be for uses of PFAS in products within specific industrial sectors and that a separate proposal must be submitted for each individual product category. Proposals are due March 1, 2024, and should be submitted to PFASProducts@maine.gov. More information is available in our January 9, 2024, blog item.

On January 1, 2032, Minnesota will ban any product containing intentionally added PFAS unless the use of PFAS is specifically designated as a CUU. The Minnesota Pollution Control Agency (MPCA) has published a request for comments (RFC) on planned new rules governing CUU determinations for products containing intentionally added PFAS. According to the RFC, the main purpose of the rulemaking is to establish criteria and processes through which MPCA will make decisions on what uses of intentionally added PFAS will qualify as CUUs in products sold, offered for sale, or distributed in Minnesota. Any such determinations must be published by rule by MPCA by January 1, 2032. Comments are due 4:30 p.m. (CST) on March 1, 2024. More information is available in our January 12, 2024, blog item.