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PFAS Update – State Regulation of PFAS In Firefighting Foam & Equipment – Environment

PFAS Update – State Regulation of PFAS In Firefighting Foam & Equipment – Environment

Alaska

Reporting: Report immediately any discharges of AFFF or certain PFAS
Materials are classified as hazardous substances.

Enacted

Reporting discharges in regions
To18 AAC 75

Use and take-back provisions: Permitted PFAS substance use
Certain situations and accepting disposal
Limit 25 gallons per year

Proposed

SB 121

Arizona

Discharge and use: Starting January 1, 2020, a local person will be able to start using the medication.
AFFF may not be used or discharged by government agencies or state agencies.
Training or testing purposes, unless the facility has
Implemented appropriate containment, treatment and disposal
Measures to prevent any releases to the environment.

Enacted

Ariz. Rev. Stat. 36-1696

Arkansas

Discharge and Use: Effective January 1, 2022, a person or local can begin to use the drug.
Government or state agency cannot discharge AFFF training
Testing or for testing purposes, unless a testing facility has been implemented
To ensure proper containment, treatment and disposal
Avoid releasing harmful substances into the environment.

Enacted

HB 1351

California

Discharge and use: Manufacturers began to allow discharge and use beginning January 1, 2022.
It is prohibited to sell or distribute AFFF.
Also, AFFF may be used for training purposes or discharged.
prohibited.

Enacted

SB 1044

Reporting: Entities using AFFF must report their use to The
Within five business days, State Fire Marshal

Enacted

SB 1044

Notification: Starting July 1, 2021, a manufacturer will begin to produce AFFF
Persons who sell the product shall be notified in writing
manufacturer’s products. Products that were sold after July 1, 2020
Manufacturers must give written notice on or before
December 31, 2021

Enacted

SB 1044

PPE: Effective January 1, 2022, any person, including a
Any manufacturer selling PPE must give written notice to
If the PPE contains any PFAS, the purchaser must inform the seller at the time of sale
substances.

Enacted

SB 1044

Colorado

Discharge and use: Starting on August 2, 2019, a person (or fire) can be released to the environment.
Any AFFF may not be used by the department for training or discharge.
Testing purposes, subject to some exceptions. Also, start on
August 2, 2021: A manufacturer may not sell any AFFF.
This product contains PFAS substances.
exceptions.

Enacted

CRS 24-33.5-1234CRS 25-5-1303

Notification: A manufacturer must notify the FDA in writing
Notification to all persons who sold the products before August 2,
2020.

Enacted

CRS-25-5-1304

PPE: Effective August 2, 2019, any person, including a
Any manufacturer selling PPE must give written notice to
If the PPE contains any PFAS, the purchaser must inform the seller at the time of sale
substances.

Enacted

CRS 25-5-1305

Take-back Program: The Department of Public Health, and the
Environment shall buy and dispose of eligible materials.
Subject to funds available

Enacted

CRS 25-5-1311

Connecticut

Use: Starting July 13, 2021, no one, local government, nor any other entity is allowed to use.
A foam with PFAS added intentionally shall be used by the state agency
substance for testing or training purposes. Also, you can start on
October 1, 2021: No one shall use a firefighting foam.
contains PFAS chemicals for any vapor suppression and firefighting
Except that such fire is a flammable liquid fire, and the
The Commissioner of Energy and Environmental Protection did not attend
Find an alternative before July 1, 2021.

Enacted

SB 837

Take-back program: A starting date for agencies is October 1, 2022.
Develop a program to take back PFAS from municipal sources
substances.

Enacted

SB 837

Program Details

Delaware

Discharge: It is illegal to discharge as of January 1, 2022.
Discharge AFFF, with some exceptions for emergencies
Firefighting operations, training or testing
purposes.‎

Proposed

SB 63

Georgia

Discharge and use: Effective January 1, 2020, no one can be discharged.
Included fire departments, state agencies and politicians
Subdivisions shall use AFFF or discharge it, subject to certain restrictions
exceptions.

Enacted

O.C.G.A. 25-2-41

Hawaii

Discharge and Use: Any person, state, or county may use the discharge and use on July 1, 2023
No agency, department, or individual shall use or discharge a Class B.
For training purposes, firefighting foam can contain PFAS chemicals
purposes. It is also illegal to manufacture, or sell.
Distribute or sell a Class A firefighting foam with PFAS
chemicals. A manufacturer that produces, or sells chemicals is also known as
Distributors of a Class B Firefighting Foam shall recall the product
Reimburse the purchaser for the product.

Proposed

HB 1644

Illinois

Discharge and Use: Allows a person to discharge the funds.
Fire department, agency, or other entity may not discharge AFFF to train or
Testing purposes. The following dates are effective as of January 1, 2022:
Manufacturing, sale, and distribution of a Class-B Firefighting Foam
However, it is prohibited with some exceptions.

Enacted

SB 561

Take-back Program: This is a voluntary take-back program
Established for local fire departments that store older items
Firefighting foam made from PFAS materials

Proposed

SB 562

Disposal: Incineration of PFAS prohibited

Proposed

HB 4039 HB 3190

(Governor vetoed HB3190 in Sept. 2021

Indiana

Use: A person, unit or state agency can use this information starting on June 30, 2020
AFFF should not be used for testing or training purposes, unless otherwise stated.
The testing facility has used appropriate containment.
Treatment and disposal measures to stop the release of toxic substances
environment.

Enacted


HB 1189

Disposal: Indiana Department of Homeland Security & the
Indiana Department of Environmental Management collects AFFF
Fire departments and state agencies.

In effect

Program Details

Iowa

Use: No person shall manufacture, sell or distribute Class B.
Firefighting foam with PFAS substances Also, no person, including
Fire departments shall use AFFF and discharge them, subject to certain restrictions
exceptions.

Proposed, but all 2021 activities for this bill ended on
12/31/21

HF 293

PPE: PPE is prohibited from being manufactured, sold, or distributed by any person.
With PFAS substances

Proposed, but all 2021 activities for this bill ended on
12/31/21

HF 293

Kentucky

Use: AFFF shall be discontinued beginning July 15, 2020
Except where the testing facility has been approved for training or testing,
To prevent uncontrolled situations, best industry practices were implemented
Allows for the release of pollutants into the environment.

Enacted

Ky. Rev. Stat. 227.395

PPE: Effective January 1, 2022, all PPE that contains
Intentionally added PFAS chemicals should not be used
Firefighting and firefighting training.

Proposed

HB 559

Louisiana

Use and Discharge: No person shall be allowed to use or discharge any firearms beginning January 1, 2022.
AFFF should not be released or used unless it is in fire.
Prevention or response to an emergency firefighting
operation.

Enacted

Act 232

Maine

Use: Effective January 1, 2022, any person, local government, or organization may use this information.
State agency may not release firefighting foam to which PFAS has been applied.
Substances have been added to training or testing, but they are subject to an
exception. A manufacturer of a product can be awoken on January 1, 2022.
Firefighting foam is not allowed to manufacture, sell, or distribute foam.
To which PFAS substances were added.

Enacted

LD 1505

Notification: Anyone who releases a firefighting foam
Which PFAS substances were added shall be reported as
As soon as possible, but not later than 24 hours following the discharge
occurs.

Enacted

LD 1505

Maryland

Use: AFFF can no longer be used beginning October 1, 2021
Training and testing purposes, subjected to some exceptions.

Enacted

Md. Code, Envir. 6-1603

Use: A person may not use, make, or modify the product after January 1, 2022.
Distribute or sell Class B Firefighting Foam containing this ingredient
For specific testing purposes, PFAS chemicals may be intentionally added.
If the testing facility has not implemented appropriate measures,
To prevent any releases, containment, treatment and disposal measures are required
In the environment.

Proposed

HB 275

Notification: A person should notify the authorities within five days of receiving a release.
Report the release and provide certain information.

Proposed

HB 275

Disposal: AFFF may not be disposed of by incineration or other means.
in landfills.

Proposed

HB 275

Massachusetts

Take-back Program: AFFF materials (128,000 pounds) were disposed
In this program in 2018.

Enacted


Program Details

PPE: Effective January 1, 2023, a manufacturer (or other) will be required to provide proof of proper electrical equipment.
Person selling PPE containing PFAS chemicals for any person.
Written communication shall be provided by the local government or state agency
Notification to purchaser at the time the sale is completed. Also, beginning
On January 1, 2025, any manufacturer or other person who sells PPE will be exempted
PFAS chemicals are not allowed to be given to any person, government or state.
These products are not to be manufactured, sold, or distributed by an agency
materials.

Proposed

S 1576

Incineration: AFFF should not be disposed of by anyone.
incineration.

Proposed

H 3836

Michigan

PPE: The Director of Licensing and Regulatory
The Department establishes rules for the handling and containment of
PFAS materials, which includes the decontamination PPE, after the
Use of AFFF.

Enacted

Mich. Comp. Laws408-1014r

Use: AFFF should not have been used beginning January 1, 2020
Equipment calibration purposes are subject to two exceptions.

Enacted

Mich. Comp. Laws408-1014r

Use: AFFF cannot be used in any way after October 6, 2020.
training. Training must continue until December 31, 2023.
Two requirements are required: (1) Proper use, handling, storage
(2) Adhere to the highest environmental and public standards
Health practices include the containment, disposal, as well as prevention.
The PPE must be decontaminated.

Enacted

Mich. Comp. Laws29-369c

Notification: The Michigan Fire Chief shall report to it
Pollution Emergency Alert System immediately following the incident
AFFF is what a fire department uses.

Enacted

Mich. Comp. Laws324.14703

Take-back Provisions: There is a collection program available
Entities must dispose of any firefighting foam that they contain.
PFAS substances

Enacted

Mich. Comp. Laws324.14705

Program Details

Minnesota

Discharge: No person, political or otherwise, effective July 1, 2020.
Subdivision, state agency or other entity shall discharge AFFF training
For testing purposes and purposes other than those mentioned in the exceptions.
If the testing facility has not implemented appropriate measures,
To prevent any releases, containment, treatment and disposal measures are required
Respect the environment.

Enacted

Minn. Stat. 325F.072

Notification: Effective July 1, 2020, any person or political
Notification must be given to any subdivision or state agency that releases AFFF
Within 24 hours, to the Minnesota Fire Incident Reporting System
the discharge.

Enacted

Minn. Stat. 325F.072

Nevada

Notification: Any person, political subdivision or local
Government or agency that releases, uses, or disperses foam
Notify the Division of Environmental if it contains PFAS substances
Protection of the State Department of Conservation and Natural
Within 24 hours of the release, resources are available.

Enacted

AB 97

Use: It is important to prevent the accidental release of foam for firefighting.
It may contain PFAS chemicals that can be harmful to the surrounding environment.
It is necessary that the foam be tested by someone who has verified that it meets all requirements.
You can contain, treat and dispose of the foam at
The testing location.

Enacted

AB 97

New Hampshire

Discharge and use: Effective January 1, 2020, no one can be discharged.
AFFF may be used by local government or state agencies for training or other purposes.
Testing is not required, but it may be necessary if the facility permits.
Implements the correct containment, treatment and disposal measures
to prevent any release to the environment. Also, you can start on
January 1, 2020: A manufacturer must not sell or distribute AFFF.
There may be exceptions.

Enacted

N.H. Rev. N.H. Rev.

Take-back Provision: After evaluating some additional
information, beginning July 1, 2021. The Department of
Environmental Services will create a take-back programme for the
Firefighting foams can be safely and securely disposed of
Contains PFAS materials

Enacted

N.H. Rev. N.H. Rev.

Notification: The municipality that discharges the AFFF shall notify
Within 48 hours of receiving the notification, the Department of Environmental Services will respond.
discharge.

Enacted

N.H. Rev. N.H. Rev.

PPE: Effective January 1, 2020, manufacturers or other entities will be required to provide proof of proper employment.
entity that sells PE to any person, municipal, or state agency
You must give written notice to the purchaser at time of sale if you are not satisfied with the terms.
The PPE contains PFAS chemicals.

Enacted

See Also

N.H. Rev. N.H. Rev.

New Jersey

Discharge and Use: Starting two years after the date of
In accordance with the law, no one shall release a firefighting spray containing benzene.
PFAS substances can be used for training or testing purposes, unless the testing has been completed.
Facility has implemented containment, treatment and disposal
Measures to prevent any releases to the environment.

Proposed

S402

Take-back Program: AFFF material (18,000 gallons), were disposed
In this program in 2018.

Enacted

Program Details

New York

Discharge and Use: None of the above.
will use AFFF for training purposes. Also, beginning
Manufacturers are prohibited from manufacturing, selling, or importing products after December 23, 2021.
Distribute AFFF, with some exceptions.

Enacted

S 439A

PPE: PPE is a manufacturer or other person who sells PPE.
Written consent must be provided by the person, local government, and state agency
Notification to the purchaser at the point of sale if PPE contains
PFAS substances

Enacted

S 439A

Notification: All releases of hazardous substances must be reported
An employee, agent, representative, or representative of the person who has
information about the release to the Department’s Spill Hotline
Within two hours of being discovered, the release was released. PFOA and PFOS are available.
Particularly, hazardous substances are listed.

Enacted

6 NYCRR 597; PFOA and PFOS are dangerous substances

Incineration: In a city, AFFF must be burned.
With a population of between 16,000-17,000 and in a regional setting
Designated by the Department of Environmental Conservation to be an
Environmental justice area

Enacted

A 9952

North Carolina

Storage: The North Carolina Policy Collaboratory shall establish an
North Fire Departments have an inventory of AFFF stored or used by them.
Carolina was managed, managed, or supervised by units of local authorities
government.

Enacted

SB 433

Discharge and Use: No person may discharge or use AFFF for
Training purposes. A manufacturer may not sell or manufacture.
AFFF may be distributed, with some exceptions.

Proposed

HB 355

Notification: Fire departments managed, regulated, and operated
by the government shall not be later than July 1, 20,22.
Each year thereafter, (1) keep an inventory of all AFFF at each location
(2) Identify all AFFF no more used at each department
Department that should be properly disposed; and (3) Report
Within 15 days, every incident in which AFFF was used was reported.

Proposed

HB 355

Ohio

Use: AFFF is not to be used for training or testing purposes.
Unless the facility has provided adequate containment,
Treatment, disposal and control measures to prevent any releases into the
environment.

Proposed

HB 158

Pennsylvania

Discharge and use: No person, entity, or organization will be discharged after July 1, 2021.
A municipality may use AFFF to test or train its employees.
However, there are some exceptions: (1) The testing
The facility has taken appropriate measures to contain, treat and dispose of the substance
(2) Disposal measures to prevent pollution of the environment
The training replaces AFFF that contains a PFAS Chemical with
non-fluorinated substance.

Proposed

HB 1166

Rhode Island

Disposal: Rhode Island Department of Environmental
Management established the AFFF Take Back Initiative, which is
Coordinating with fire departments to help with AFFF
disposal.

In effect

Program Details (See pgs. 7-8)

Texas

Discharge and Use: A person may not discharge a firefighting
Foam designed to extinguish flammable liquid flames that contains
PFAS chemicals may be intentionally added. A manufacturer may also not add PFAS substances.
You can manufacture, sell, and distribute firefighting foam.
Fire extinguishment of flammable liquid fires containing PFAS
substances.

Proposed

SB 2073

PPE: A manufacturer of PPE or another person selling it should provide.
Written notice of the PFAS materials at time of sale

Proposed

SB 2073

Vermont

Discharge and Use: Any person, municipality or state agency must dispose of the property.
Do not use AFFF in training. Also,
Manufacturer of AFFF shall not manufacture or sell AFFF.
AFFF is subject to many exceptions.

Enacted

S 20

PPE: A manufacturer selling PPE to any person or municipality.
Or state agency shall give written notice to the buyer at
If the PPE contains any PFAS substances, the time of sale.

Enacted

S 20

Disposal Program: The Vermont Department of Conservation & the
Division of Fire Safety works with state agencies and waste management
Districts that help fire departments dispose of
AFFF.

In effect

Program Details

Virginia

Discharge and use: Effective July 1, 2021, no one, not even local, will be able to discharge or use.
AFFF shall be used for training by the government or any agency.
There is an exception. AFFF is not allowed to be used for testing purposes.
If the facility has provided adequate containment and treatment
Disposal and prevention measures to reduce the risk of releasing into the environment.

Enacted

Ann. 9.1-207.1

Washington

Discharge and Use: Starting July 1, 2018, a person, or local, can begin to use the medication.
AFFF may not be used or discharged by government agencies or state agencies.
Training purposes. A manufacturer will also be able to start production on July 1, 2020.
AFFF is not allowed to manufacture, sell, or distribute any AFFF.
Some exceptions may apply.

Enacted

RCW 70A.400.010RCW 70A.400.020

PPE: Starting July 1, 2018, a manufacturer who sells PPE will be able to
Anybody, whether a local government or state agency, must submit written documentation
Notification to the purchaser at the point of sale if PPE contains
PFAS chemicals.

Enacted

RCW 70A.400.030

Disposal: At the moment, the Washington Department of Ecology is
Consider the potential effects of an AFFF program.
This will be the first state to initiate Environmental Impact
Statement (“EIS”) review of how AFFF is disposed
Options can have an impact on the environment and public safety, which could include
Evaluation of emerging technologies. The public can comment on the
EIS is expected during the late summer and early fall.
2022.

Proposed

Program Details

West Virginia

Discharge and Use: No person or entity may discharge or use beginning July 1, 2021
AFFF may be discharged or used by a listed entity subject to certain conditions
exceptions.

Enacted

HB 2722

Wisconsin

Discharge and Use: No person may discharge or use AFFF,
Training and testing purposes are all allowed, but not all.
exceptions. The testing facility should implement the appropriate
Storage, treatment, disposal or containment measures to prevent
Releases to the environment

Enacted

Wis. Stat. 299.48

Notification: A person who discharges or uses AFFFshall
Notify the Department of Natural Resources immediately, or as soon as possible
Fire prevention operations can be performed as efficiently as possible.

Enacted

Wis. Stat. 299.48

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