Toxics in firefighting law

Firefighter fighting a fire
In 2018, Washington passed the Firefighting Agents and Equipment law (Chapter 70A.400 RCW), which:

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.

What does this law include?

In Washington, Class B firefighting foam (otherwise known as AFFF) cannot be:

  • Manufactured or sold (exemptions include military, petroleum refineries and terminals, certain chemical plants, and Federal Aviation Administration (FAA) certified airports but not part 139-certified airports (see next section for details)).
  • Used for fire training. No exceptions.

AFFF may still be used for emergencies and required testing.

Requirements for part 139-certified airports

Federally-certified part 139 airports in Washington must procure Department of Defense (DOD) approved non-PFAS firefighting agents and:

  • Report their progress to us by March 31, 2025.
  • Completely transition to non-PFAS firefighting agents by Sept. 30, 2025.

Please contact Kathleen Gilligan at kathleen.gilligan@ecy.wa.gov or 360-764-0594 for any questions.

Requirements for PFAS-containing firefighting PPE

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


Requirements for developing preferred purchasing guidelines

The law directs us to work with the Department of Enterprise Services to develop preferred purchasing guidance to help other public sectors avoid purchasing AFFF and PFAS-containing PPE.

Frequently asked questions