Firefighting Agents and Equipment Law

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

Restricts the manufacture, distribution, or sale of class B firefighting foams with intentionally added PFAS (per- and polyfluoroalkyl substances), like AFFF (aqueous film-forming foam), in Washington.
Prohibits local governments and state agencies from training with these foams.
Requires manufacturers of firefighting personal protective equipment (PPE) to notify buyers in Washington if their products contain PFAS.

What are class B firefighting foams?

Class B firefighting 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.

Other class B PFAS foams include:

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

For local fire departments, governments, and state agencies

While AFFF and other PFAS-containing foams may still be used for emergencies and testing as required by federal laws and rules, many Washington airports, fire departments, and first response organizations have transitioned to fluorine-free foams (F3).

For Part 139-certificated airports

As of Sept. 30, 2025, state law prohibits manufacturers from selling or offering AFFF to Part 139 airports in Washington. We may extend this deadline by up to one year if an airport can provide valid justification for why it cannot secure sufficient F3 stockpiles by this deadline.

The law restricts the sale of existing AFFF stockpiles within Washington. It does not restrict Part 139 airports from selling their existing stockpiles of AFFF out-of-state.

If disposing of AFFF as waste, AFFF and AFFF mixtures may designate as dangerous waste or extremely hazardous waste. Airports and tenants must follow Dangerous Waste Regulations (WAC 173-303-100).

AFFF and any AFFF mixtures that contain 100 ppm (0.01%) or more halogenated organic compounds (HOCs) will designate as dangerous waste. If they contain more than 10,000 ppm (1.0%) HOCs they will also designate as an extremely hazardous waste.

Maintenance, repair, or replacement of airport areas with historic AFFF use (for example, asphalt and concrete surfaces) may also generate wastes containing AFFF, which may require management under the Dangerous Waste Regulations.

For Department of Defense (military) installations

The 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.
No longer purchases AFFF for use on military installations (as of Oct. 2023).

Aug. 2024: DOD authorized the use of AFFF alternatives 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.
Sept. 2023: DOD certified the first non-PFAS firefighting foams to meet military performance standards in Sept. 2023.

Firefighting PPE requirements

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. 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.

Manufacturers and sellers must provide written notice to buyers in Washington that their products contain PFAS. Written notice is required if you 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.

Alternatives to AFFF and PFAS-containing PPE

The law does not specify which alternatives should be used. Department of Enterprise Services has preferred purchasing guidance.

Contact information

Sign up for the AFFF firefighting foam email list

Kathleen Gilligan
Compliance
ConsumerProductReg@ecy.wa.gov

Sean Smith
AFFF Disposal Program
sean.smith@ecy.wa.gov