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 manufacture, sale, and use for training of AFFF (aqueous film-forming foam), a firefighting agent that contains PFAS (per- and polyfluoroalkyl substances).
Requires manufacturers of firefighting personal protective equipment (PPE) to notify buyers if their products contain PFAS.

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?

AFFF restrictions

Class B firefighting foam (otherwise known as AFFF) can no longer be:

Manufactured or sold. Exemptions include: The military, petroleum refineries and terminals, certain chemical plants, and Federal Aviation Administration (FAA) certified airports, except Part 139-certified airports (see next section for details).
Used for fire training. No exemptions.

AFFF may still be used for emergencies and required testing.

Part 139-certified airports must procure approved non-PFAS firefighting agents

Airports in Washington that are federally-certified part 139 must:

Procure Department of Defense (DOD) approved non-PFAS firefighting agents and report their progress in doing so to us by March 31, 2025.

The FAA keeps a list of part 139-certified 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.

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.

Develop preferred purchasing guidelines

The law also 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.

Frequently asked questions

Due to changes in federal rules, a code revision was triggered:

The Department of Defense (DoD) updated its firefighting foam specifications and approved the use of non-PFAS foam at shore-based facilities.
The FAA also authorized the use of DoD-approved foam for emergency operations at commercial airports.

State law mandates that if federal rules allow Part 139-certified airports to use non-PFAS foam, those airports in Washington have until March 31, 2025 to report to the Department of Ecology on their progress toward securing the non-PFAS foam.

After Sept. 30, 2025, manufacturers and retailers may no longer sell or offer AFFF to Washington’s airports.

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.

Contact information

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

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