Alaska
|
Reporting: Immediately report discharges of AFFF as certain PFAS materials are defined as hazardous substances.
|
Enacted
|
Reporting discharges in regions pursuant to 18 AAC 75
|
Use and Take-back Provisions: Permitted use of PFAS substance in certain situations and accepting disposal for a PFAS firefighting substance not to exceed 25 gallons each year.
|
Proposed
|
SB 121
|
Arizona
|
Discharge and Use: Beginning on January 1, 2020, a person, local government or state agency may not discharge or use AFFF for training or testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases to the environment.
|
Enacted
|
Ariz. Rev. Stat. 36-1696
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Arkansas
|
Discharge and Use: Beginning on January 1, 2022, a person, local government, or state agency shall not discharge AFFF for training or testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases to the environment.
|
Enacted
|
HB 1351
|
California
|
Discharge and Use: Beginning on January 1, 2022, manufacturers of AFFF are prohibited from selling or distributing AFFF. Discharges or uses of AFFF for training purposes are also prohibited.
|
Enacted
|
SB 1044
|
Reporting: Entities that use AFFF shall report their use to the State Fire Marshal within five business days.
|
Enacted
|
SB 1044
|
Notification: Beginning on July 1, 2021, a manufacturer of AFFF shall provide written notification to persons that sell the manufacturer’s products. For products sold after July 1, 2021, a manufacturer shall provide written notification on or before December 31, 2021.
|
Enacted
|
SB 1044
|
PPE: Beginning on January 1, 2022, a person, including a manufacturer, that sells PPE must provide written notification to the purchaser at the time of sale if the PPE contains PFAS substances.
|
Enacted
|
SB 1044
|
Colorado
|
Discharge and Use: Beginning on August 2, 2019, a person or fire department may not discharge or use any AFFF for training or testing purposes, subject to certain exceptions. Also, beginning on August 2, 2021, a manufacturer may not sell or distribute any AFFF that contains PFAS substances, subject to certain exceptions.
|
Enacted
|
CRS 24-33.5-1234 and CRS 25-5-1303
|
Notification: A manufacturer of AFFF must provide written notification to persons whom sell the products prior to August 2, 2020.
|
Enacted
|
CRS-25-5-1304
|
PPE: Beginning on August 2, 2019, a person, including a manufacturer, that sells PPE must provide written notification to the purchaser at the time of sale if the PPE contains PFAS substances.
|
Enacted
|
CRS 25-5-1305
|
Take-back Program: The Department of Public Health and the Environment shall purchase and dispose of eligible materials, subject to available funds.
|
Enacted
|
CRS 25-5-1311
|
Connecticut
|
Use: Beginning on July 13, 2021, no person, local government or state agency shall use a foam that intentionally added PFAS substance for training or testing purposes. Also, beginning on October 1, 2021, no person shall use a firefighting foam that contains PFAS substances for any vapor suppression or firefighting purpose unless such fire is a flammable liquid-based fire and the Commissioner of Energy and Environmental Protection failed to identify an alternative to such use before July 1, 2021.
|
Enacted
|
SB 837
|
Take-back Program: Beginning on October 1, 2022, an agency shall develop a take-back program for municipal sources of PFAS substances.
|
Enacted
|
SB 837
Program Details
|
Delaware
|
Discharge: Beginning on January 1, 2022, it is unlawful to discharge AFFF, subject to certain exceptions for emergency firefighting operations and for training or testing purposes.
|
Proposed
|
SB 63
|
Georgia
|
Discharge and Use: Beginning on January 1, 2020, no person, including fire departments, state agencies and political subdivisions, shall discharge or use AFFF, subject to some exceptions.
|
Enacted
|
O.C.G.A. 25-2-41
|
Hawaii
|
Discharge and Use: On July 1, 2023, any person, state or county department, or agency shall not discharge or use a Class B firefighting foam that contains PFAS chemicals for training purposes. Additionally, it shall be unlawful to manufacture, sell, or distribute a Class B firefighting foam that contains PFAS chemicals. Moreover, a manufacturer that produces, sells, or distributes a class B firefighting foam shall recall the product and reimburse the purchaser for the product.
|
Proposed
|
HB 1644
|
Illinois
|
Discharge and Use: Provides that a person, local government, fire department, or agency may not discharge AFFF for training or testing purposes. Also, beginning on January 1, 2022, the manufacture, sale, or distribution of a Class B Firefighting Foam is prohibited, subject to a few exceptions.
|
Enacted
|
SB 561
|
Take-back Program: A voluntary take-back provision is established for local fire departments that store older firefighting foam made with PFAS materials.
|
Proposed
|
SB 562
|
Disposal: Incineration of PFAS is prohibited.
|
Proposed
|
HB 4039 and HB 3190
(Governor vetoed HB 3190 in Sept. of 2021)
|
Indiana
|
Use: Beginning on June 30, 2020, a person, unit, or state agency shall not use AFFF for training or testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases to the environment.
|
Enacted
|
HB 1189
|
Disposal: The Indiana Department of Homeland Security and the Indiana Department of Environmental Management collects AFFF from fire departments or state agencies.
|
In Effect
|
Program Details
|
Iowa
|
Use: A person shall not manufacture, sell, or distribute Class B Firefighting Foam with PFAS substances. Also, no person, including fire departments, shall discharge or use AFFF, subject to some exceptions.
|
Proposed, but all 2021 actions for this bill ended on 12/31/21
|
HF 293
|
PPE: A person shall not manufacture, sell, or distribute PPE with PFAS substances.
|
Proposed, but all 2021 actions for this bill ended on 12/31/21
|
HF 293
|
Kentucky
|
Use: Beginning on July 15, 2020, AFFF shall not be used for training or testing purposes, unless the testing facility has implemented best industry practices to prevent uncontrolled releases into the environment.
|
Enacted
|
Ky. Rev. Stat. 227.395
|
PPE: Beginning on January 1, 2022, PPE that contains intentionally added PFAS chemicals shall not be used for firefighting or firefighting training purposes.
|
Proposed
|
HB 559
|
Louisiana
|
Use and Discharge: Beginning on January 1, 2022, no person shall discharge or use AFFF unless such discharge or use occurs in fire prevention or in response to an emergency firefighting operation.
|
Enacted
|
Act 232
|
Maine
|
Use: Beginning on January 1, 2022, a person, local government or state agency may not discharge firefighting foam to which PFAS substances have been added for testing or training, subject to an exception. Also, on January 1, 2022, a manufacturer of a firefighting foam may not manufacture, sell, or distribute a foam to which PFAS substances have been added.
|
Enacted
|
LD 1505
|
Notification: A person that discharges a firefighting foam to which PFAS substances have been added shall report the discharge as soon as practicable, but no later than 24 hours after the discharge occurs.
|
Enacted
|
LD 1505
|
Maryland
|
Use: Beginning on October 1, 2021, AFFF may not be used for training or testing purposes, subject to some exceptions.
|
Enacted
|
Md. Code, Envir. 6-1603
|
Use: After January 1, 2022, a person may not use, manufacture, sell, or distribute Class B Firefighting Foam that contains intentionally added PFAS chemicals for specified testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases into the environment.
|
Proposed
|
HB 275
|
Notification: Within five days of a release, a person should report the release and submit certain information.
|
Proposed
|
HB 275
|
Disposal: A person may not dispose of AFFF using incineration or 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: Beginning on January 1, 2023, a manufacturer or other person that sells PPE containing PFAS chemicals to any person, local government, or state agency shall provide written notification to the purchaser at the time of sale. Also, beginning on January 1, 2025, a manufacturer or other person that sells PPE containing PFAS chemicals to any person, local government, or state agency shall not manufacture, sell, or distribute these materials.
|
Proposed
|
S 1576
|
Incineration: No person shall dispose of AFFF by incineration.
|
Proposed
|
H 3836
|
Michigan
|
PPE: The Director of the Department of Licensing and Regulatory Affairs establishes rules involving the containment and handling of PFAS materials, including the decontamination of PPE, following the use of AFFF.
|
Enacted
|
Mich. Comp. Laws 408-1014r
|
Use: Beginning on January 1, 2020, AFFF should not be used for equipment calibration purposes, subject to two exceptions.
|
Enacted
|
Mich. Comp. Laws 408-1014r
|
Use: Beginning on October 6, 2020, AFFF must not be used in any training. Also, until December 31, 2023, the training must follow two requirements: (1) include the proper use, handling, and storage of the AFFF; and (2) adhere to the best environmental and public health practices, including the containment, disposal, and decontamination of the PPE used.
|
Enacted
|
Mich. Comp. Laws 29-369c
|
Notification: The fire chief shall report to the Michigan Pollution Emergency Alert System immediately after the incident when a fire department uses AFFF.
|
Enacted
|
Mich. Comp. Laws 324.14703
|
Take-back Provisions: A collection program is available for entities properly disposing of any firefighting foam containing PFAS substances.
|
Enacted
|
Mich. Comp. Laws 324.14705
Program Details
|
Minnesota
|
Discharge: Beginning on July 1, 2020, no person, political subdivision, or state agency shall discharge AFFF for training purposes, subject to some exceptions, and for testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases to the environment.
|
Enacted
|
Minn. Stat. 325F.072
|
Notification: Beginning on July 1, 2020, any person, political subdivision, or state agency that discharges AFFF must be reported to the Minnesota Fire Incident Reporting System within 24 hours of the discharge.
|
Enacted
|
Minn. Stat. 325F.072
|
Nevada
|
Notification: Any person, political subdivision, local government or agency who discharges, uses, or releases foam that contains PFAS substances shall notify the Division of Environmental Protection of the State Department of Conservation and Natural Resources within 24 hours after the release.
|
Enacted
|
AB 97
|
Use: A person should prevent the release of firefighting foam that contains PFAS substances to the surrounding environment, and requires that a person testing the foam has ensured that the proper containment, treatment and disposal of the foam are available at the testing location.
|
Enacted
|
AB 97
|
New Hampshire
|
Discharge and Use: Beginning on January 1, 2020, no person, local government, or state agency may use AFFF for training or testing purposes, but the testing may occur if the facility implements the proper containment, treatment, and disposal measures to prevent any releases to the environment. Also, beginning on January 1, 2020, a manufacturer shall not sell or distribute AFFF, subject to some exceptions.
|
Enacted
|
N.H. Rev. Statute 154:8-b
|
Take-back Provision: After evaluating some additional information, beginning on July 1, 2021, the Department of Environmental Services will establish a take-back program for the purpose of safe and contained disposal of firefighting foams containing PFAS materials.
|
Enacted
|
N.H. Rev. Statute 154:8-b
|
Notification: The municipality discharging the AFFF shall notify the Department of Environmental Services within 48 hours of the discharge.
|
Enacted
|
N.H. Rev. Statute 154:8-b
|
PPE: Beginning on January 1, 2020, a manufacturer or other entity that sells PPE to any person, municipality, or state agency must provide written notice to the purchaser at the time of sale if the PPE contains PFAS chemicals.
|
Enacted
|
N.H. Rev. Statute 154:8-c
|
New Jersey
|
Discharge and Use: Beginning two years from the date of enactment, no person shall discharge a firefighting foam containing PFAS substances for training or testing purposes unless the testing facility has implemented containment, treatment, and disposal measures to prevent releases to the environment.
|
Proposed
|
S402
|
Take-back Program: AFFF materials (18,000 gallons) were disposed in this program in 2018.
|
Enacted
|
Program Details
|
New York
|
Discharge and Use: No person, local government, or state agency will discharge or use AFFF for training purposes. Also, beginning on December 23, 2021, manufacturers may not manufacture, sell, or distribute AFFF, subject to some exceptions.
|
Enacted
|
S 439A
|
PPE: A manufacturer or other person that sells PPE to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the PPE contains PFAS substances.
|
Enacted
|
S 439A
|
Notification: Releases of a hazardous substance must be reported by an employee, agent, or representative of the person who has knowledge of the release to the Department’s Spill Hotline within two hours after discovery of the release. PFOS and PFOA are specifically listed as hazardous substances.
|
Enacted
|
6 NYCRR 597; PFOS and PFOA are hazardous substances
|
Incineration: Incineration of AFFF shall be prohibited in a city with a population between 16,000 and 17,000 and in a region designated by the Department of Environmental Conservation as an environmental justice area.
|
Enacted
|
A 9952
|
North Carolina
|
Storage: The North Carolina Policy Collaboratory shall create an inventory of AFFF used or stored by fire departments in North Carolina operated, managed, or overseen by units of local government.
|
Enacted
|
SB 433
|
Discharge and Use: No person may discharge or use AFFF for training purposes. Also, a manufacturer may not manufacture, sell, or distribute AFFF, subject to some exceptions.
|
Proposed
|
HB 355
|
Notification: Fire departments operated, regulated, or managed by the government shall, by no later than July 1, 2022, and annually thereafter: (1) provide an inventory of all AFFF at each department; (2) identify all AFFF no longer utilized at each department that should be properly disposed of; and (3) report within 15 days every incident where AFFF was used.
|
Proposed
|
HB 355
|
Ohio
|
Use: No person shall use AFFF for training or testing purposes, unless the facility has implemented appropriate containment, treatment, and disposal measures to prevent releases into the environment.
|
Proposed
|
HB 158
|
Pennsylvania
|
Discharge and Use: Beginning on July 1, 2021, no person, entity, or a municipality may discharge or use AFFF for testing or training purposes, subject to some exceptions including: (1) the testing facility has implemented appropriate containment, treatment and disposal measures to prevent releases into the environment; and (2) the training replaces the AFFF that contains a PFAS chemical with non-fluorinated substance.
|
Proposed
|
HB 1166
|
Rhode Island
|
Disposal: The Rhode Island Department of Environmental Management established the AFFF Take Back initiative, and is coordinating with fire departments to assist 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 fires that contains intentionally added PFAS substances. Also, a manufacturer may not manufacture, sell, or distribute a firefighting foam designed to extinguish flammable liquid fires that contains PFAS substances.
|
Proposed
|
SB 2073
|
PPE: A manufacturer or other person who sells PPE should provide written notice of the PFAS materials at the time of the sale.
|
Proposed
|
SB 2073
|
Vermont
|
Discharge and Use: A person, municipality, or state agency must not discharge or use AFFF for training purposes. Also, a manufacturer of AFFF shall not manufacture, sell, or distribute AFFF, subject to numerous exceptions.
|
Enacted
|
S 20
|
PPE: A manufacturer that sells PPE to any person, municipality, or state agency shall provide written notice to the purchaser at the time of sale if the PPE contains PFAS substances.
|
Enacted
|
S 20
|
Disposal Program: The Vermont Department of Conservation and the Division of Fire Safety are working with state agencies or waste districts that assist fire departments with the disposal of AFFF.
|
In Effect
|
Program Details
|
Virginia
|
Discharge and Use: Beginning on July 1, 2021, no person, local government, or agency shall discharge or use AFFF for training, subject to an exception. AFFF can only be used for testing purposes if the facility has implemented appropriate containment, treatment, and disposal measures to prevent releases into the environment.
|
Enacted
|
VA Code Ann. 9.1-207.1
|
Washington
|
Discharge and Use: Beginning on July 1, 2018, a person, local government, or state agency may not discharge or use AFFF for training purposes. Also, beginning on July 1, 2020, a manufacturer of AFFF may not manufacture, sell or distribute any AFFF, subject to some exceptions.
|
Enacted
|
RCW 70A.400.010 and RCW 70A.400.020
|
PPE: Beginning on July 1, 2018, a manufacturer that sells PPE to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the PPE contains PFAS chemicals.
|
Enacted
|
RCW 70A.400.030
|
Disposal: The Washington Department of Ecology is currently reviewing the potential impacts regarding an AFFF disposal program. This will be the first state initiated Environmental Impact Statement (“EIS”) review regarding how AFFF disposal options may impact the environment and public health, including evaluating emerging technologies. A public comment period on the EIS is expected to occur during the late summer or early fall of 2022.
|
Proposed
|
Program Details
|
West Virginia
|
Discharge and Use: Beginning on July 1, 2021, no person or other listed entity may discharge or use AFFF, subject to some exceptions.
|
Enacted
|
HB 2722
|
Wisconsin
|
Discharge and Use: No person may discharge or use AFFF, including for training or testing purposes, subject to some exceptions. The testing facility must implement appropriate containment, treatment, disposal, or storage measures to prevent releases to the environment.
|
Enacted
|
Wis. Stat. 299.48
|
Notification: A person who uses or discharges AFFF shall notify the Department of Natural Resources immediately or as soon as practicable without hindering fire prevention operations.
|
Enacted
|
Wis. Stat. 299.48
|