| State |
Product Categories |
Regulatory Status |
Reference |
Alaska
|
Notification: 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 Storage 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 |
Use and Discharge: 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
Related Information
|
| Arkansas |
Use and Discharge: 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 |
Use and Discharge: Manufacturers of AFFF are prohibited from selling or distributing AFFF. Discharges or uses of AFFF for training purposes are also prohibited. |
Enacted |
SB 1044
Related Information |
| Reporting: Entities that use AFFF shall report their use to the State Fire Marshal within five (5) business days. |
Enacted |
SB 1044 |
| Notification: A manufacturer of AFFF shall provide written notification to persons that sell the manufacturer’s products. A manufacturer shall provide written notification for products sold after July 1, 2021. |
Enacted |
SB 1044 |
| PPE: 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 |
Use and Discharge:
(1) A person or fire department may not use or discharge any AFFF for training or testing purposes, subject to certain exceptions.
(2) A manufacturer may not sell or distribute any AFFF that contains PFAS substances, subject to certain exceptions.
(3) Beginning on January 1, 2024, a person that uses firefighting foam that contains intentionally added PFAS substances shall not use the foam and must fully contain the foam by implementing appropriate containment measures.
|
Enacted |
CRS 24-33.5-1234, CRS 25-5-1303 and HB22-1345 |
|
Notification:
(1) A manufacturer of AFFF must provide written notification to anyone who sells the products prior to August 2, 2020.
(2) A person that releases firefighting foam that contains intentionally added PFAS chemicals must report the release to the water quality spills hotline within 24 hours.
(3) Beginning on January 1, 2024, a person that uses firefighting foam that contains intentionally added PFAS substances must report the use to the water quality spills hotline within 24 hours after use. |
Enacted |
CRS-25-5-1304 and HB22-1345 |
| PPE: 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 |
| Storage 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
Program Details |
| Connecticut |
Use: No person, local government, or state agency shall use a foam with intentionally added PFAS substances for training or testing purposes. Also, 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 |
Public Act 21-191
Related Information |
| Storage Program: An agency shall develop a take-back program for municipal sources of PFAS substances. |
Enacted |
Public Act 21-191
Program Details
|
| Delaware |
Discharge: It is unlawful to discharge AFFF, subject to certain exceptions for emergency firefighting operations and for training or testing purposes. |
Proposed |
SB 63 |
| Georgia |
Use and Discharge: 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 |
Use and Discharge: On July 1, 2024, 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, beginning on July 1, 2024, 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. |
Enacted |
HB 1644 |
| Illinois |
Use and Discharge: A person, local government, fire department, or agency may not discharge AFFF for training or testing purposes. Also, beginning on January 1, 2025, the manufacture, sale, or distribution of a Class B Firefighting Foam is prohibited, subject to a few exceptions. |
Enacted |
Public Act 102-0290
Related Information |
| Notification: A person, local government, fire department, or agency that discharges firefighting foam that contains intentionally added PFAS substances must notify the Illinois Emergency Management Agency within 48 hours of the discharge. |
Enacted |
Public Act 102-0290 |
| Disposal: Incineration of any PFAS substance is prohibited, with the exception of landfill gas from decomposing materials that contain PFAS substances or other exceptions. |
Enacted |
Public Act 102-1048
|
| Storage Program: A voluntary take-back program is established for local fire departments and fire protection districts that store older firefighting foam made with PFAS materials. |
Proposed |
SB 562
HB 4795
|
| Indiana |
Use: A person, unit, or state agency shall not use AFFF for training or testing purposes, unless the testing facility has implemented the appropriate containment, treatment, and disposal measures to prevent releases to the environment. |
Enacted |
Indiana Code 36-8-10.7 et al.
Related Information |
| 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, subject to an exception. Also, no person, including fire departments, shall discharge or use AFFF, subject to some exceptions. |
Proposed |
HF 2063 |
| PPE: A person shall not manufacture, sell, or distribute PPE with PFAS substances. |
Proposed |
HF 2063 |
| Kentucky |
Use: 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 |
| Louisiana |
Use and Discharge: No person shall use or discharge AFFF unless such use or discharge occurs in fire prevention or in response to an emergency firefighting operation. |
Enacted |
La Stat. 40 §1615 |
| Maine |
Use and Discharge:
(1) 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 some exceptions. Also, a person may not manufacture, sell, or distribute a firefighting foam to which PFAS substances have been added, subject to some exceptions.
(2) Beginning on January 1, 2030, a person may not sell or distribute any product that contains intentionally added PFAS, unless it has been determined that the use of PFAS in the product is a currently unavoidable use. |
Enacted |
Public Law Chapter 449 and Public Law Chapter 447 |
| 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 |
Public Law Chapter 449 |
| Maryland |
Use: AFFF may not be used for training or testing purposes, subject to some exceptions. Also, after January 1, 2024, a person may not use, manufacture, or distribute Class B fire-fighting foam that contains intentionally added PFAS chemicals, subject to some exceptions. |
Enacted |
Md. Code, Envir. 6-1603
Related Information |
| PPE: If a person sells PPE that contains PFAS chemicals, the person shall provide written notice to the purchaser at the time of the sale. |
Enacted |
Md. Code, Envir. 6-1603 |
| Notification: Within five (5) days of a release, a person should report the release to the Maryland Department of the Environment. |
Enacted |
HB 275 |
| Disposal: A person may not dispose of AFFF using incineration or in landfills. |
Enacted |
HB 275 |
| Massachusetts |
Storage Program: AFFF materials (128,000 pounds) were disposed in this program in 2018. |
Enacted |
Program Details
Related Information |
| 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 shall not manufacture, sell, or distribute these materials. |
Proposed |
H 2475 |
| 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:
(1) AFFF should not be used for equipment calibration purposes, subject to two exceptions.
(2) 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 408-1014r and Mich. Comp. Laws 29-369c
|
| Notification: The fire chief shall report to the Michigan Pollution Emergency Alert System immediately when a fire department uses AFFF. |
Enacted |
Mich. Comp. Laws 324.14703 |
| Storage Program: 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 |
Use and Discharge: 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.
Note: There is a proposal to revise this statute declaring that no person, political subdivision, or state agency shall manufacture, sell, or distribute Class B firefighting foam containing PFAS substances. |
Enacted |
Minn. Stat. 325F.072 and HF 3686 (Proposed)
Related Information
|
| Notification: 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 that 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 |
Nev. Rev. Stat. § 459.684 |
| 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 |
Nev. Rev. Stat. § 459.682 |
| New Hampshire |
Use and Discharge: 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, a manufacturer shall not sell or distribute AFFF, subject to some exceptions. |
Enacted |
N.H. Rev. Statute 154:8-b
Related Information |
| Storage: After evaluating some additional information, 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
Related Information |
| PPE: 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 |
Use and Discharge: Beginning two years from the date of enactment, no person shall use or 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
S2712
|
| Storage Program: AFFF materials (18,000 gallons) were disposed in this program in 2020. |
Enacted |
Program Details |
| New York |
Use and Discharge: No person, local government, or state agency will discharge or use AFFF for training purposes. Also, manufacturers may not manufacture, sell, or distribute AFFF, subject to some exceptions. |
Enacted |
N.Y. Gen. Bus. Law § 391-U
Related Information |
| 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 |
N.Y. Gen. Bus. Law § 391-U
|
| 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 and PFOS and PFOA — 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
2021 Report
|
| Use and Discharge: 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: (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 every incident within 15 days where AFFF was used. These notification provisions are an annual requirement. |
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. |
Enacted |
Ohio Revised Code 3737.52 |
| Pennsylvania |
Use and Discharge: Beginning on July 1, 2023, no person, entity, or a municipality may discharge or use AFFF for testing or training purposes, subject to some exceptions: (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 |
SB 302 |
| 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) |
|
Use and Discharge:
(1) Beginning on January 1, 2023, no person, local government, or state agency may discharge Class B firefighting foam for training purposes. Also, beginning on January 1, 2025, no manufacturer may manufacture, sell, or distribute a Class B firefighting foam.
(2) Beginning on September 1, 2022, Class B firefighting foam that contains intentionally added PFAS chemicals may not be used for testing or training purposes, subject to a few exceptions. |
Proposed |
HB 7436 and HB 7541 |
| Notification: Beginning on January 1, 2023, any person, local government or state agency that uses Class B firefighting foam containing PFAS chemicals shall report the use of the foam to the state fire marshal within five (5) business days of the use. |
Proposed |
HB 7436 |
| PPE: Beginning on January 1, 2023, a manufacturer of PPE to any person, local government, or state agency shall provide written notice to the purchaser at the time of sale if the PPE contains any PFAS substances. |
Proposed |
HB 7436 |
| Vermont |
Use and Discharge: A person, municipality, or state agency must not discharge or use AFFF for training purposes. Also, beginning on January 1, 2024, a manufacturer of AFFF shall not manufacture, sell, or distribute AFFF, subject to numerous exceptions. |
Enacted |
18 VSA §1662 and §18 VSA 1663 |
| 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 |
18 VSA §1664 |
| 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 |
Use and Discharge: 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 |
Use and Discharge: A person, local government, or state agency may not discharge or use AFFF for training purposes. Also, 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: 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 regarding the EIS is expected to occur in January of 2023. |
Proposed |
Program Details |
| West Virginia |
Use and Discharge: No person or other listed entity may discharge or use AFFF, subject to some exceptions. |
Enacted |
W. Va. Code §29-3-5g |
| Wisconsin |
Use and Discharge: 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
Program Details |
| 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 |
