Toxics in firefighting law

Beginning July 1, 2018, use of PFAS-containing Class B firefighting foam for training is prohibited across Washington, no exemptions.

Firefighting foam sales ban

Beginning July 1, 2020, the manufacture, sale, and distribution of PFAS-containing Class B firefighting foam will be prohibited. There are four exemptions to this prohibition: military, Federal Aviation Administration certified airports, petroleum refineries and terminals, and certain chemical plants.

The law also directs us to work with the Department of Enterprise Services to develop preferred purchasing guidance. This will help other public sector partners avoid purchasing firefighting foams and firefighting PPE that contain PFAS.

Beginning July 1, 2018, manufacturers and sellers of PFAS-containing PPE must notify purchasers in writing if the equipment contains PFAS and the reasons for using the chemicals. The manufacturer, seller, and purchaser must keep the notice on file for at least three years, and provide it to us if requested.

• Class B firefighting foam are foams designed for flammable liquid fires.
• PFAS, for the purposes of firefighting agents and firefighting equipment, are a class of organic chemicals containing at least one fully fluorinated carbon atom. 
  See our PFAS webpage for more info
• Firefighting PPE is any clothing designed, intended, or marketed to be worn by firefighters, designed for use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.

Yes. While the law prohibits use of PFAS-containing firefighting foam for training purposes, it does not restrict its use in emergencies involving flammable liquid fires.

The disposal program is open to municipal fire departments, fire districts, fire authorities, port authority fire departments, and fire training facilities.

Eligible products

• Any foam manufactured before 2003 or where the date of manufacture is unknown; OR
• Any foam with any of the acronyms AFFF, AR-AFFF, FFFP, AF-FFFP, FP, FPAR on its label; OR
• Any foam that is unlabeled; OR
• Any foam mixed with other foams. 

Please complete our survey

Before beginning collection, we are asking organizations potentially interested in participating to complete a short survey.

• Take the survey.

We cannot endorse specific replacements or pay for the costs of new foam. Please contact program coordinator Sean Smith for more information: sean.smith@ecy.wa.gov or 206-594-0029. 

This law does not require disposal of unused PFAS-containing foam and does not restrict its use in emergencies involving flammable liquid fires.

We provide local fire departments assistance in safely disposing of PFAS-containing foams.

• If you choose to dispose of this foam, you must do so under the Dangerous Waste Regulations (Chapter 173-303 WAC). ​
• PFAS-containing foam that you don't plan to use is a state-only dangerous waste.

Learn more about dangerous waste requirements. 

No. This law does not prohibit you from doing required testing of foam dispersal equipment.

According to the law, a manufacturer or person that sells firefighting PPE must provide written notice to the purchaser at the time of sale if the product contains PFAS.

Contact your manufacturer or supplier if you want to know whether the PPE you currently have contains PFAS.

Firefighting foam and encapsulation manufacturers and vendors can provide you with non-fluorinated foam options.

However, the law does not specify which alternative products should be used, nor have we evaluated the safety or performance of potential alternatives yet. Therefore, we cannot make recommendations at this time.

If you are a manufacturer or person that sells PPE, and your answers to all four of the following questions are yes, then you must provide written notice to the purchaser at the time of sale that the product contains PFAS chemicals:

1. Is the product in question clothing or equipment worn on the body?
2. Is the product specifically designed, intended, or marketed to be used by firefighting personnel in performance of their duties?
3. Is the product designed to protect the wearer against fire or other hazards inherent in fire or rescue activities?
4. Is PFAS added to the product or to the materials from which it is made?    

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

If base layers, wet suits, dry suits, swim fins, swim goggles, personal floatation devices, body armor, chainsaw chaps, safety goggles/glasses, sunglasses, suspenders, belts, socks, bee veils, rain or cold weather clothing, uniform and stationwear and vests are either (1) designed for a broader category of users than just firefighters, or (2) are no more protective against health and safety hazards inherent in firefighting and rescue activities performed by firefighters than similar products marketed for general use, then they are not covered by the law.
 

In recent years, PFAS contamination above EPA's health advisory level has been found in drinking water wells in Airway Heights, North Whidbey Island, Issaquah, and at Joint Base Lewis-McChord.

PFAS are water soluble and highly mobile, meaning they can easily contaminate groundwater and can be hard to filter out. Many PFAS transform into highly persistent perfluorinated chemicals in the environment. There are no natural processes that can break down these substances. Exposures could continue for hundreds or thousands of years.

Read more about our plan to address PFAS.