The Maine Board of Environmental Protection (MBEP) will consider the Maine Department of Environmental Protection’s (MDEP) December 2024 proposed rule regarding products containing per- and polyfluoroalkyl substances (PFAS) during its April 7, 2025, meeting. As reported in our December 31, 2024, memorandum, on December 20, 2024, MDEP published a proposed rule that would establish criteria for currently unavoidable uses (CUU) of intentionally added PFAS in products and implement sales prohibitions and notification requirements for products containing intentionally added PFAS but determined to be a CUU. MBEP’s meeting agenda includes links to the following new documents:

• Staff memo: According to the staff memo, MDEP received and reviewed 57 comments on its December 2024 proposed rule, totaling 419 pages. Based on comments received, MDEP amended the draft rule to correct typos, eliminate superfluous language, and add clarifying language. MDEP notes that “[n]one of these changes are significant”;
• Chapter 90 proposed rule mark-up;
• Chapter 90 proposed rule clean;
• Chapter 90 written comments received; and
• Chapter 90 draft basis statement and response to comments.

According to the meeting agenda, MBEP will accept and consider additional oral public comment on the proposed rule at its April 7, 2025, meeting, “only if the additional public comment is directly related to comments received during the formal rulemaking comment period or is in response to changes to the proposed rule.”