|
State
|
Product Categories
|
Regulatory Status
|
Reference
|
|
Alaska
|
Reporting: Immediately reporting discharges of AFFF as certain PFAS materials are defined as hazardous substances.
Notification: A public notice should be issued when a PFAS substance is used for a firefighting purpose that is no longer required by applicable federal law.
|
Enacted
Proposed
|
Reporting discharges in regions pursuant to 18 AAC 75
Notify:
SB 176
|
|
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 of AFFF to the environment.
|
Enacted
|
Ariz. Rev. Stat. 36-1696
|
|
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.
Reporting: Entities who use AFFF shall report their use to the State Fire Marshal within five business days of the use, including the identity of the AFFF, the quantity used, the total PFAS concentration, the application for which the AFFF was used, and the duration of the fire.
Notification: On or before July 1, 2021, a manufacturer of AFFF shall notify, in writing, persons that sell the manufacturer’s products in the state. For products sold after July 1, 2021, a manufacturer shall provide that notification on or before December 31, 2021.
PPE: Beginning on January 1, 2022, a person, including a manufacturer, that sells PPE must provide a written notice 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.
Notification: A manufacturer of AFFF must notify, in writing, persons that sell the manufacturer's products in the state prior to August 2, 2020.
PPE: Beginning on August 2, 2019, a person, including a manufacturer, that sells PPE must provide written notice to the purchaser at the time of sale if the PPE contains PFAS substances.
Take-back Program: The Department of Public Health and the Environment shall purchase and dispose of eligible materials, subject to available funds.
|
Enacted
|
Use: CRS 24-33.5-1234; CRS 25-5-1303
Reporting: CRS-25-5-1304
PPE: CRS 25-5-1305
Storage: CRS 25-5-1311
|
|
Connecticut
|
Use: Beginning on July 1, 2021, no person, local government or state agency may use AFFF for training purposes or any firefighting purpose unless an agency fails to identify an alternative by April 1, 2021. Also, beginning on January 1, 2021, no person, local government or state agency may use AFFF that contains PFAS substances for any purpose.
Take-back Program: Beginning on October 1, 2021, an agency shall develop a take-back program for municipal sources of PFAS substances.
|
Proposed
|
SB 297 and HB 5288
|
|
Delaware
|
Discharge: Beginning on January 1, 2021, it is unlawful to discharge AFFF, subject to certain exceptions for emergency firefighting operations and for training or testing purposes.
|
Proposed
|
SB 217
|
|
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
|
|
Illinois
|
Discharge and Use: A person, fire department, local government or state agency may not discharge or use AFFF for training or testing purposes. Also, beginning on January 1, 2021, a manufacturer of AFFF is prohibited from selling or distributing AFFF. Additionally, beginning on June 30, 2020, a person, unit of local government, 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 of AFFF to the environment.
Take-back Program: A voluntary take-back provision is established for local fire departments that store older firefighting foam made with PFAS materials.
|
Proposed
|
Use: SB 3154, HB 5003
Storage: HB 5529
|
|
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 of AFFF to the environment.
|
Enacted
|
Ind. Code 36-8-10.7-6 and 7
|
|
Iowa
|
Use and PPE. It will be unlawful to manufacture, distribute, or sell AFFF or PPE. Note: this is a very general set of proposed bills.
|
Proposed
|
H.F. 775 and H.F. 2241
|
|
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 of AFFF into the environment.
|
Enacted
|
Ky. Rev. Stat. 227.395
|
|
Maine
|
Reporting: A person causing a discharge of AFFF into any waters of the state shall report the discharge as soon as practicable, but no later than 24 hours after the discharge occurs.
Notification. Beginning on January 1, 2023, a manufacturer of a product that contains PFAS materials shall submit a written notification, subject to some exemptions.
|
Proposed
|
LD 2147
|
|
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, 1604
|
|
Massachusetts
|
Take-back Program: Extensive AFFF materials (128,000 pounds; 15,000 gallons) are disposed in this program.
PPE: Beginning on January 1, 2020, 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. Also, beginning on January 1, 2022, a manufacturer that sells PPE to any person, local government, or state agency shall not manufacture, sell, or distribute for use PPE containing intentionally added PFAS chemicals.
|
Enacted
Proposed
|
Take-back program details
PPE: SD 1784 and HD 3661
|
|
Michigan
|
Use and PPE (Mich. Comp. Law 408-1014r): Rules involve the containment and handling of PFAS materials, including the decontamination of PPE, following the use of AFFF and a prohibition for AFFF in training purposes. Also, beginning on January 1, 2020, AFFF should not be used for equipment calibration purposes, subject to two exceptions.
Use and PPE (Mich. Comp. Law 29-369c): 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.
Notification: Immediately after a fire department uses AFFF, the fire chief shall report the incident to the Michigan Pollution Emergency Alert System.
Take-back Provisions: A collection program is available for properly disposing of any firefighting foam containing PFAS substances.
|
Enacted
|
Mich. Comp. Laws 408-1014r,
Mich. Comp. Laws 29-369c,
Mich. Comp. Laws 324.14703, and
Mich. Comp. Laws 324.14705
|
|
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 of AFFF to the environment.
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
|
|
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 there are containment, treatment, and disposal measures to prevent any releases of AFFF to the environment. Also, beginning on January 1, 2020, a manufacturer shall not sell or distribute AFFF, subject to some exceptions.
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.
Notification: The municipality discharging the AFFF shall notify the Department of Environmental Services within 48 hours of the discharge.
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
|
Use, Take-back provision, Reporting: N.H. Rev. Statute 154:8-b
PPE: N.H. Rev. Statute 154:8-c
|
|
New Jersey
|
Discharge: Beginning two years after the date of enactment, no person shall discharge AFFF for training or testing purposes, unless the testing facility has implemented the appropriate containment, treatment, and disposal measures to prevent harm of any AFFF release to the environment.
|
Proposed
|
A747
|
|
New York
|
Discharge and Use: No person, local government, or state agency will discharge or use AFFF for training purposes. Also, beginning two years after the effective date, manufacturers may not manufacture, sell, or distribute AFFF, subject to some exceptions. 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. Notification: Releases must be reported by an employee, agent, or representative of the person who has knowledge of the release of a hazardous substance to the Department’s Spill Hotline within two hours after discovery of the release. PFOS and PFOA are specifically listed as hazardous substances.
No 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
Proposed
|
Use and PPE: S439A
Reporting: 6 NYCRR 597; Listing PFOS and PFOA as hazardous substances
Disposal: A9952
|
|
North Carolina
|
Discharge and Use: Beginning on July 1, 2022, no person may discharge or use AFFF for training purposes. Also, a manufacturer may not manufacture, sell, or distribute AFFF, subject to some exceptions.
PPE: Beginning on July 1, 2022, 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.
|
Proposed
|
HB560
|
|
Ohio
|
Use: Beginning on January 1, 2020, no person shall use AFFF containing intentionally added PFAS chemicals for training or testing purposes. The AFFF can only be used for testing purposes if the facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of AFFF into the environment.
|
Proposed
|
HB328
|
|
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 of AFFF into the environment; and (2) the training replaces the AFFF that contains a PFAS chemical with non-fluorinated substance.
|
Proposed
|
SB919
|
|
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.
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.
|
Proposed
|
S295 and H721
|
|
Virginia
|
Discharge and Use: Beginning on July 1, 2021, no person, local government, or agency shall discharge or use AFFF for training, subject to some exceptions, or testing purposes. AFFF can only be used for testing purposes if the facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of AFFF 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.
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.
Notification: A person discharging AFFF or any substance containing PFAS materials must immediately notify the Division of Emergency Management within the state military department and the Department of Ecology within 24 hours of the discharge. Also, a person discharging AFFF or any substance containing PFAS materials to state waters or in a location where a rain event would lead to a discharge of unrecovered foam to state waters must immediately notify the Division of Emergency Management within the state military department and the Department of Ecology within 24 hours of the discharge.
|
Enacted
Proposed
|
Use: RCW 70A.400.010 and RCW 70A.400.020
PPE: RCW 70A.400.030
Notify: HB 1143
|
|
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 discharges of AFFF to the environment.
(3m 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.
Storage: The Department of Agriculture, Trade and Consumer
Protection, in cooperation with
the Department of Natural Resources, shall administer a program to collect and store or dispose of foam that contains PFAS substances that was voluntarily surrendered by the person in possession of the foam.
|
Enacted
Proposed
|
Use: Wis. Statute 299.48
Storage: AB792
|
