Aqueous Film-Forming Foam (AFFF) Legislation in The United States

The increasing concerns regarding the environmental and health impacts of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous Film-Forming Foam (AFFF) have led to a wave of state-level legislation across the United States.

Long-chain PFAS, including PFOS and PFOA, have bioaccumulative and toxic characteristics, unlike the short-chain PFAS present in current foams (AFFF). Despite this, in recent years, legislators and regulators have advocated for a group-wide regulation of all PFAS substances. Consequently, various states across the United States have enacted legislation that limits the sale and application of aqueous film-forming foam (AFFF).

You can also read: Anticipating Change: The Move to Siloxane-Free PPAs

The Fire Fighting Foam Coalition (FFFC) provides a concise overview of the legislative measures enacted or proposed in various states. Click here for the complete document.

Comprehensive State Legislation Overview For AFFF

California

Implemented restrictions starting January 1, 2022, for PFAS-containing AFFF.

Allowed uses include federal law requirements or systems with 110% containment until specified dates.

Colorado

Since August 2, 2019, restrictions on AFFF discharge for training/testing unless containment measures are in place.

Detailed usage guidelines set forth post-August 2, 2021, with particular exemptions for specific facilities.

Connecticut

From October 1, 2021, bans on PFAS foams for training/testing and limits on vapor suppression or firefighting applications unless no alternatives exist.

Illinois

Beginning January 1, 2022, prohibitions on training/testing uses of PFAS foams with mandates for alternative containment and disposal solutions by 2025.

Maine

Effective January 1, 2022, stringent controls on PFAS foam discharge with phased usage restrictions and recall requirements.

Maryland

Legislation from October 1, 2021, focusing on training and testing prohibitions with mandated containment and treatment measures.

Minnesota

A phased approach from 2024, detailing exemptions based on federal requirements and specific industrial applications.

New Hampshire

Early adopter with restrictions from January 1, 2020, including sales limitations and requirements for containment and recall protocols.

New York

Established a timeline from May 18, 2022, for restricted sales/distribution and detailed compliance measures for manufacturers.

Vermont

From July 1, 2022, prohibitions on AFFF for non-essential uses with a future ban on manufacturing and sales set for October 1, 2023.

Washington

Early legislation starting July 1, 2018, for training uses, expanding to sales/distribution controls by 2020 with phased restrictions.

Additional States

States like Arizona, Georgia, Indiana, Kentucky, Michigan, Nevada, Virginia, and Wisconsin have enacted legislation focusing primarily on using PFAS foams for training and testing, though specifics and enforcement details vary.