PFAS In Firefighting Foam (AFFF) And Equipment: State-By-State Regulations

Summary

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances ("PFAS") present in Class B Aqueous Film-Forming Foams ("AFFF") used for firefighting, or PFAS present in firefighters' clothing and equipment. This alert provides a comprehensive state snapshot regarding the status of these regulations across the United States, especially as significant portion of the federal activity involved with firefighting foam involves products used by the Department of Defense ("DOD").

These regulations typically involve restrictions in four general areas:

1. Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations;