Maine Sets Out 2027 PFAS Unavoidable-Use Proposal Timetable

Maine's Department of Environmental Protection has set out its 2027 timetable for proposals seeking a currently unavoidable use (CUU) determination for PFAS in products. Its published schedule opens submissions for products subject to the 2032 sales prohibitions on 1 January 2027 and sets 1 April as the proposal deadline for the 2027 round.

The department plans to review proposals in spring and begin rulemaking in summer, when proposals would be published for public comment. This is a timetable for seeking determinations under the existing PFAS-in-products framework, not an approval of particular uses.

Eligibility and Submission Windows

Under 38 MRS §1614(1)(B), a currently unavoidable use must be essential for health, safety or the functioning of society, with alternatives not reasonably available. Manufacturers can submit individually or collectively through an industry association or another representative organisation.

The department's general submission window for the 2029, 2032 and 2040 prohibitions runs from 60 months to 18 months before the relevant prohibition begins. The 1 April 2027 date therefore concerns the scheduled review round rather than replacing those broader timing rules. DEP guidance.

Approval Requires an Effective Rule

The statutory framework allows specific products or product categories to receive a CUU exemption through rulemaking. For the 2032 prohibition, the law also contains separate exclusions, including products sold in used condition and certain equipment and refrigerant categories. Section 1614(5)(D)–(F).

Submitting a proposal does not suspend an applicable sales prohibition. DEP says only the Board of Environmental Protection can approve or deny proposals, and a prohibited product cannot be sold unless and until the board's final decision takes effect. DEP guidance, pending proposals.