Toxics in firefighting law

In 2018, Washington passed the Firefighting Agents and Equipment law (Chapter 70A.400 RCW). This law does the following:

Restricts the use of AFFF (aqueous film-forming foam), a type of firefighting foam that contains PFAS (per- and poly-fluorinated alkyl substances)
Requires manufacturers of firefighting personal protective equipment (PPE) to notify buyers if their products contain PFAS
Directs us to work with the Department of Enterprise Services to develop preferred purchasing guidance to help other public sector partners avoid purchasing AFFF and PFAS-containing PPE

In relation to this law, we are developing an AFFF collection and disposal program to help local fire departments and first responders collect and safely dispose of unused AFFF they have on-site.

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What does the law include?

Under the law, Class B firefighting foam (otherwise known as AFFF) and PFAS-containing PPE are banned for most purposes.

PFAS (per- and polyfluoroalkyl substances) are a class of organic chemicals that pose significant environmental and health hazards.
AFFF is a PFAS-containing firefighting foam that is responsible for nearly all PFAS-contaminated drinking water across the United States.

AFFF is restricted in Washington state

AFFF can no longer be:

Manufactured.
Sold.
Used for fire training (no exemptions).

AFFF may still be used for emergencies and required testing.

PFAS-containing firefighting PPE requires written notice

PFAS-containing firefighting PPE can still be manufactured and sold, but manufacturers and sellers must provide a written notice to buyers that their products contain PFAS.

Manufacturers and sellers of PFAS-containing firefighting PPE must provide a written notice to the purchaser at the time of sale if they can answer yes to ALL of the following questions:

Is this product worn on the body?
Is this product designed or intended for firefighting personnel?
Is this product designed to protect the wearer against fire or other hazards commonly encountered in fire and rescue activities?
Was PFAS added to this product or any of the materials used to make it?

Note: “Fire and rescue” refers to firefighting and rescue activities performed by public or private employees whose job description includes fire suppression.

The law does not require disposal of unused AFFF. It can still be used in emergencies that involve flammable liquid fires.

If you choose to dispose of unused AFFF, you may do one of the following:

Participate in our AFFF collection and disposal program,
OR
Dispose of it under the Dangerous Waste Regulations (Chapter 173-303 WAC).
Note: Unused AFFF is a state-only dangerous waste.

Learn more about dangerous waste guidance.

Frequently asked questions

Contact information

Sean Smith
Product Replacement Coordinator
sean.smith@ecy.wa.gov
425-324-0328

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