Toxics in firefighting law

Firefighting personal protective equipment (PPE) is any clothing that is designed, intended, or marketed to be worn by firefighters for use in fire and rescue activities.

Examples include:

• Jackets.
• Pants.
• Shoes.
• Gloves.
• Helmets.
• Respiratory equipment.

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:

1. Is this product worn on the body?
2. Is this product designed or intended for firefighting personnel?
3. Is this product designed to protect the wearer against fire or other hazards commonly encountered in fire and rescue activities?
4. 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.

Manufacturers and sellers of PFAS-containing firefighting PPE must provide buyers with a written notice that says:

• The equipment contains PFAS.
• Why the equipment contains PFAS.

The manufacturer, seller, and purchaser must keep the notice on file for at least three years and provide it to us if requested.

The law does not specify which alternatives should be used. Manufacturers and vendors can provide you with alternatives that do not contain PFAS.

Class B foams are designed to put out fires fueled by flammable liquids like gasoline, kerosene, grease, solvents, and oil.

AFFF (aqueous film-forming foam) is a common type of class B firefighting foam that contains PFAS (per- and polyfluoroalkyl substances). Other class B PFAS foams include:

• AR-AFFF (Alcohol-Resistant Aqueous Film-Forming Foam).
• FFFP (Film-Forming Fluoroprotein).
• FPAR (Fluoroprotein Alcohol Resistant).

Effective foams without intentionally added PFAS are available.

Yes. The law prohibits the use of AFFF for fire training. However, AFFF may still be used for real fires and emergencies that involve flammable liquid fires.

Follow our AFFF Guidance for Firefighting Organizations to safely store your AFFF until the collection and disposal program begins.

Need bins?

If you have AFFF containers in poor condition, we can provide you with new ones and secondary containment. Please contact us!

Follow our Best Management Practices for Deep Cleaning Fire Equipment Contaminated with PFAS-Containing Firefighting Foam in Washington State. 

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: AFFF is a state-only dangerous waste. Learn more about dangerous waste guidance.

No. This law does not prohibit you from doing required testing of foam dispersal equipment. You can reduce or eliminate dispersal of PFAS foams during testing by using an input-based test box.

The law contains reporting requirements for Washington’s part 139-certificated airports.

Contact us for more information.  

The FAA keeps a list of part 139-certificated airports in the U.S. 

As of Sept. 11, 2023, the list for Washington included:

• Bellingham International.
• Boeing Field/King County International.
• Grant County International.
• Pangborn Memorial.
• Pullman/Moscow Regional.
• Seattle Paine Field International.
• Seattle-Tacoma International.
• Spokane International.
• Tri-cities.
• Walla Walla Regional.
• Yakima Air Terminal/McAllister Field.

Department of Defense (DOD) has its own policy for phasing out AFFF. According to the policy:

• DOD no longer uses AFFF for land-based testing or training unless it can be completely contained and disposed of.
• As of Oct. 2023, DOD no longer purchases AFFF for use on military installations.  

Timeline of DOD actions

• Sept. 2023: DOD certified the first non-PFAS firefighting foams to meet military performance standards.
• Aug. 2024: DOD authorized the use of these foams at the military’s shore-based installations and requires them to stop using AFFF by Oct. 1, 2025, but has since reported to Congress that it anticipates needing to extend this deadline to Oct. 1, 2026.