PFAS Regulations for Firefighting Foam and Equipment 2024| ReSolve

Firefighters require special gear, equipment and substances to contain and extinguish fire while remaining safe. Many people don’t know that the protective gear worn and the firefighting foam used to extinguish fires can contain PFAS. Firefighting foam, known as aqueous film-forming foam (AFFF), is used by local fire departments, by firefighters at airports, and in fire suppression systems at chemical, oil and gas facilities. Not only is it used to fight fires but it’s also used while training firefighters.

PFAS has emerged as a very real environmental challenge for businesses and the world as a whole. Clean Earth’s ReSolve Program is dedicated to serving as a pivotal resource for every step of the journey toward finding solutions to a company’s PFAS challenges. In tandem with its expertise in innovative solutions, Clean Earth aims to continue providing customers with timely regulatory updates regarding per- and poly-fluoroalkyl (PFAS) substances.

Alaska – HB 51: An Act Relating to Refrigerants Designated as Acceptable for Use Under Federal Law; Relating to Firefighting Substances; and Providing for an Effective Date.

This measure establishes that a person may not use a firefighting substance that contains a per-fluoroalkyl substance or poly-fluoroalkyl substance in the state unless the use is permitted explicitly. A person may use a firefighting substance that contains a per-fluoroalkyl or poly-fluoroalkyl substance to respond to a fire that originates in relation to oil or gas production, transmission, transportation, or refining in the state. The bill took effect January 1, 2024.

Illinois – HB 3508: PFAS Reduction-Forever Pathway

The Agency must establish a take-back program for fire departments that use and store firefighting foam containing PFAS. The program must provide funding and resources to ensure the proper destruction of firefighting foam containing PFAS. The program must continue for 5 years or until the Office of the State Fire Marshal finds no firefighting foam containing PFAS is reported in the survey. The measure was signed by Governor J.B. Pritzker (D) and became effective immediately on July 28, 2023.

Indiana – HB 1341: Pfas-Free Firefighter Gear

The measure expresses that, after June 30, 2024, an Indiana fire department may not purchase firefighting gear unless it contains a permanently affixed label indicating whether or not it contains PFAS. Firefighter gear is identified as "any clothing designed, intended, or marketed to be a structural firefighting protective ensemble or ensemble element that includes coats, trousers, coveralls, helmets, gloves, footwear, interface components, and other components used to construct such clothing.” The measure, signed by Governor Eric Holcomb (R) on April 20, 2023, took effect on July 1, 2023.

North Carolina – HB 370: Responsible Firefighting Foam Management Act

The measure amends current statutes to prohibit a person, local government, or state agency from discharging Class B firefighting foam that contains intentionally added PFAS substances for training or practice purposes. The measure also extends to testing unless the use is otherwise required by law or a relevant authority. The measure has been passed in the House by a unanimous vote and awaits further consideration in the Senate.

Pennsylvania – HB 1541: An Act Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, In Commonwealth Services, Providing for Firefighting Personal Protective Equipment and Imposing Penalties

Starting January 1, 2028, a person may not distribute, manufacture, offer for sale, produce or sell in this Commonwealth, or for use in this Commonwealth, firefighting personal protective equipment that contains intentionally added PFAS chemical. The measure has been converted from a co-sponsorship memorandum, formally introduced, and referred to the House Veterans Affairs and Emergency Preparedness Committee.

Clean Earth, and its ReSolve program, is committed to serving as a thought leader for long-term, sustainable solutions for PFAS. Discover how to take the next step by utilizing our innovative strategies, transforming how our world tackles PFAS challenges.

###

The information, content and materials provided on this website and its incorporated related links (“Content”) does not, and is not intended to, constitute legal advice, nor is it prepared by lawyer or law firm or as the product of any attorney-client relationship. Content is provided "as is;" no representations are made that the content is error-free. Content is available for general informational purposes only and may not constitute the most current legal or other information. Recipients and viewers of the Content assume all responsibility and risk arising from its use and reliance upon the Content and should contact an attorney to obtain advice before acting or refraining to act on the Content. All liability with respect to actions taken or not taken based on the Contents is hereby expressly disclaimed.