- in United Kingdom
Summary
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances ("PFAS") present in Class B Aqueous Film-Forming Foams ("AFFF") used for firefighting, or PFAS present in firefighters' clothing and equipment. This alert provides a comprehensive state snapshot regarding the status of these regulations across the United States, especially as significant portion of the federal activity involved with firefighting foam involves products used by the Department of Defense ("DOD").
These regulations typically involve restrictions in four general areas:
- Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations;
- Disposal, Storage, Inventory or "Take-back" Provisions. Some states have enacted state-run programs to purchase and dispose of AFFF, usually purchasing supplies from government agencies;
- Notification or Reporting Requirements. When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their discharge; and
- Limitations on Personal Protective Equipment ("PPE"). Some states have limited or prohibited PPE for firefighters that contain PFAS compounds.
Background
The specific regulations are described in the chart below, but the following is an overview of the potential impacts or considerations that businesses may encounter as a result of AFFF use or storage.
- Investigation and Remediation. Businesses that own(ed) or operate(d) property where AFFF was historically used, stored, or disposed of may be the focus of investigation and remediation actions based upon the possible presence of PFAS in drinking water, groundwater, and other media, as well as municipal systems like sewers and water treatment plants.
- Impacted Industries. To date, airports have been a significant focus of investigations by regulatory agencies, usually concentrating upon impacts to drinking water wells and groundwater resources on or adjacent to the property. If your business is involved in aviation (including non-aviation operations at airports), it may be advisable to review your company's current or historic use of AFFF. Other impacted industries include the oil and gas sector, military bases, marine facilities, mining, and certain types of industrial facilities.
- Regulatory Compliance. Some AFFF regulations impose use restrictions and reporting requirements on businesses that choose to continue to use AFFF. Failure to comply with those requirements may result in regulatory enforcement or oversight.
- Litigation. Certain states, cities, and individual plaintiffs have filed suits based on AFFF, often related to manufacturers of AFFF products or entities that stored, used, or disposed of AFFF.
While there are many technical AFFF resources available, the materials available on the Interstate Technology Regulatory Council website are particularly helpful. Additionally, both Michigan and New York have provided useful information about AFFF that may assist interested parties both in those states and elsewhere.
Notably, in April of 2024, EPA published Interim Guidance on the Destruction and Disposal of PFAS Substances. Additionally, New Mexico enacted a bill stating that discarded AFFF was considered a "Hazardous Waste."
National Defense Authorization Act
On December 20, 2019, Congress passed the National Defense Authorization Act ("NDAA") which required DOD to stop purchasing PFAS-based firefighting foams by October 1, 2023, and stop using them completely by October 1, 2026. In a letter dated July 31, 2025, the Secretary of Defense provided additional information. In the meantime, the NDAA forbids training exercises which may cause any AFFF releases.
Importantly, the provisions of the NDAA only apply to military facilities on property owned by the federal government and do not apply to any civilian facilities. However, defense contractors should be aware of the provisions of the NDAA both for planning and risk mitigation purposes. According to the U.S. Government Accountability Office, DOD has already spent $2.6 billion dollars investigating and addressing the alleged presence of PFAS in groundwater.
Individual State Regulations and Bills
A map showing the states that have enacted or proposed regulations regarding AFFF is below, along with detailed dropdowns providing more information regarding the specific provisions of those regulations. Because the regulation of AFFF is developing rapidly, it is important to note that this client alert reflects the status of state regulations in AFFF as of November 13, 2025.
Alaska
Product Category
Notification: Immediately report discharges of AFFF as certain PFAS materials are defined as Hazardous Substances.
Regulatory Status
Enacted
Reference
Reporting discharges in regions pursuant to 18 AAC 75
Product Category
Use and Storage Provisions: A person may not use a firefighting substance that contains PFAS compounds unless the use is permitted under federal or state law.
Regulatory Status
Enacted
Reference
Arizona
Product Category
Use and Discharge: A person, local government or state agency may not discharge or use AFFF for training or testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases to the environment.
Regulatory Status
Enacted
Reference
Product Category
Storage: The Arizona Department of Environmental Quality established a "take back and replace" program.
Regulatory Status
In Effect
Reference
Arkansas
Product Category
Use and Discharge: A person, local government, or state agency shall not discharge AFFF for training or testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases to the environment.
Regulatory Status
Enacted
Reference
California
Product Category
Use and Discharge: Manufacturers of AFFF are prohibited from selling or distributing AFFF. Discharges or uses of AFFF for training purposes are also prohibited.
Regulatory Status
Enacted
Reference
Cal. Health & Safety Code 13061
Cal. Health & Safety Code 13062
Product Category
Reporting: Entities that use AFFF shall report their use to the State Fire Marshal within five (5) business days.
Regulatory Status
Enacted
Reference
Cal. Health & Safety Code 13061
Product Category
Notification: A manufacturer of AFFF shall provide written notification to persons that sell the manufacturer's products. A manufacturer shall provide written notification for products sold after July 1, 2021.
Regulatory Status
Enacted
Reference
Cal. Health & Safety Code 13061
Product Category
PPE: A person, including a manufacturer, that sells PPE must provide written notification to the purchaser at the time of sale if the PPE contains PFAS substances.
Regulatory Status
Enacted
Reference
Cal. Health & Safety Code 13029
Colorado
Product Category
Use and Discharge:
- A person or fire department may not use or discharge any AFFF for training or testing purposes, subject to certain exceptions.
- A manufacturer may not sell or distribute any AFFF that contains PFAS substances, subject to certain exceptions.
- A person that uses firefighting foam that contains intentionally added PFAS substances shall not use the foam and must fully contain the foam by implementing appropriate containment measures.
Regulatory Status
Enacted
Reference
Product Category
Notification:
- A manufacturer of AFFF must provide written notification to anyone who sells the products prior to August 2, 2020.
- A person that releases firefighting foam that contains intentionally added PFAS chemicals must report the release to the water quality spills hotline within 24 hours.
- A person that uses firefighting foam that contains intentionally added PFAS substances must report the use to the water quality spills hotline within 24 hours after use.
Regulatory Status
Enacted
Reference
Product Category
PPE: A person, including a manufacturer, that sells PPE must provide written notification to the purchaser at the time of sale if the PPE contains PFAS substances.
Regulatory Status
Enacted
Reference
Product Category
Storage Program: The Department of Public Health and the Environment shall purchase and dispose of eligible materials, subject to available funds.
Regulatory Status
Enacted
Reference
Connecticut
Product Category
Use: No person, local government, or state agency shall use a foam with intentionally added PFAS substances for training or testing purposes. Also, no person shall use a firefighting foam that contains PFAS substances for any vapor suppression or firefighting purpose unless such fire is a flammable liquid-based fire, and the Commissioner of Energy and Environmental Protection failed to identify an alternative to such use before July 1, 2021.
Regulatory Status
Enacted
Reference
Product Category
Storage Program: An agency shall develop a take-back program for municipal sources of PFAS substances.
Regulatory Status
Enacted
Reference
Georgia
Product Category
Use and Discharge: No person, including fire departments, state agencies, and political subdivisions, shall discharge or use AFFF, subject to some exceptions.
Regulatory Status
Enacted
Reference
Product Category
Use and Discharge: Until June 30, 2030, no person shall discharge or use Class B fire-fighting foam that contains intentionally added PFAS chemicals, subject to some exceptions.
PPE: Beginning on July 1, 2030, no person shall discharge or use firefighting equipment containing PFAS as an intentionally added chemical.
Regulatory Status
Proposed
Reference
Hawaii
Product Category
Use and Discharge: Any person, state or county department, or agency shall not discharge or use a Class B firefighting foam that contains PFAS chemicals for training purposes. Additionally, it shall be unlawful to manufacture, sell, or distribute a Class B firefighting foam that contains PFAS chemicals. Moreover, a manufacturer that produces, sells, or distributes a Class B firefighting foam shall recall the product and reimburse the purchaser for the product.
Regulatory Status
Enacted
Reference
Illinois
Product Category
Use and Discharge: A person, local government, fire department, or agency may not discharge AFFF for training or testing purposes. Also, beginning on January 1, 2025, the manufacture, sale, or distribution of a Class B Firefighting Foam is prohibited, subject to a few exceptions.
Regulatory Status
Enacted
Reference
Product Category
Notification: A person, local government, fire department, or agency that discharges firefighting foam that contains intentionally added PFAS substances must notify the Illinois Emergency Management Agency within 48 hours of the discharge.
Regulatory Status
Enacted
Reference
Product Category
Disposal: Incineration of any PFAS substance is prohibited, with the exception of landfill gas from decomposing materials that contain PFAS substances or other exceptions.
Regulatory Status
Enacted
Reference
Product Category
Storage: The Illinois Environmental Protection Agency shall establish a take-back program for fire departments that use and store firefighting foam containing PFAS substances.
Regulatory Status
Enacted
Reference
Indiana
Product Category
Use: A person, unit, or state agency shall not use AFFF for training or testing purposes, unless the testing facility has implemented the appropriate containment, treatment, and disposal measures to prevent releases to the environment.
Regulatory Status
Enacted
Reference
Indiana Code 36-8-10.7 et. seq
Product Category
Testing: The Department of Homeland Security will establish a biomonitoring program where firefighters will have their blood samples collected and analyzed.
Regulatory Status
Enacted
Reference
Product Category
PPE: A person shall not manufacture, sell, or distribute PPE with PFAS substances.
Regulatory Status
Enacted
Reference
Iowa
Product Category
Use: A person shall not manufacture, sell, or distribute Class B Firefighting Foam with PFAS substances, subject to an exception. Also, no person, including fire departments, shall discharge or use AFFF, subject to some exceptions.
Regulatory Status
Proposed
Reference
Product Category
PPE Prohibition: A person shall not manufacture, sell, or distribute PPE with PFAS substances.
Regulatory Status
Proposed
Reference
Product Category
PPE Labelling: A municipality or fire department shall not purchase PPE unless it contains a permanently affixed label indicating whether the PPE contains PFAS substances.
Regulatory Status
Proposed
Reference
Kentucky
Product Category
Use: AFFF shall not be used for training or testing purposes, unless the testing facility has implemented best industry practices to prevent uncontrolled releases into the environment.
Regulatory Status
Enacted
Reference
Louisiana
Product Category
Use and Discharge: No person shall use or discharge AFFF unless such use or discharge occurs in fire prevention or in response to an emergency firefighting operation.
Regulatory Status
Enacted
Reference
Maine
Product Category
Use and Discharge:
- A person, local government, or state agency may not discharge firefighting foam to which PFAS substances have been added for testing or training, subject to some exceptions. Also, a person may not manufacture, sell, or distribute a firefighting foam to which PFAS substances have been added, subject to some exceptions.
- Beginning on January 1, 2030, a person may not sell or distribute any product that contains intentionally added PFAS, unless it has been determined that the use of PFAS in the product is a currently unavoidable use.
Regulatory Status
Enacted
Reference
Public Law Chapter 449 and Public Law Chapter 477
Product Category
Notification: A person that discharges a firefighting foam to which PFAS substances have been added shall report the discharge as soon as practicable, but no later than 24 hours after the discharge occurs.
Regulatory Status
Enacted
Reference
Product Category
Storage: Create and fund a program for firefighting and fire-suppressing foam to which PFAS substances have been intentionally added.
Regulatory Status
Enacted and Proposed
Reference
LD 400 (Enacted) and LD 222 (Proposed)
Product Category
No AFFF: Beginning on December 31, 2026, all fire suppression systems containing AFFF that are located on any property leased or owned by the Midcoast Regional Redevelopment Authority are prohibited.
Regulatory Status
Enacted
Reference
Maryland
Product Category
Use: AFFF may not be used for training or testing purposes, subject to some exceptions. Also, a person may not use, manufacture, or distribute Class B fire-fighting foam that contains intentionally added PFAS chemicals, subject to some exceptions.
Regulatory Status
Enacted
Reference
Product Category
PPE: If a person sells PPE that contains PFAS chemicals, the person shall provide written notice to the purchaser at the time of the sale.
Regulatory Status
Enacted
Reference
Product Category
Notification: Within five (5) days of a release, a person should report the release to the Maryland Department of the Environment.
Regulatory Status
Enacted
Reference
Product Category
Disposal: A person may not dispose of AFFF using incineration or in landfills.
Regulatory Status
Enacted
Reference
Massachusetts
Product Category
Storage Program: Beginning in 2018, this program has collected more than 330,000 pounds of foam.
Regulatory Status
In Effect
Reference
Product Category
PPE: Beginning on January 1, 2025, a manufacturer or other person that sells PPE containing PFAS chemicals to any person, local government, or state agency shall provide written notification to the purchaser at the time of sale. Also, beginning on January 1, 2027, a manufacturer or other person that sells PPE containing PFAS chemicals shall not manufacture, sell, or distribute these materials.
Regulatory Status
Enacted
Reference
Product Category
Notification: Any person, unit of local government, fire department, or state agency that discharges or releases Class B firefighting foam that contains intentionally added PFAS must notify the department of environmental protection's emergency response line within 24 hours of the discharge or release.
Regulatory Status
Proposed
Reference
Michigan
Product Category
PPE: The Director of the Department of Licensing and Regulatory Affairs establishes rules involving the containment and handling of PFAS materials, including the decontamination of PPE, following the use of AFFF.
Regulatory Status
Enacted
Reference
Product Category
Use:
- AFFF should not be used for equipment calibration purposes, subject to two exceptions.
- AFFF must not be used in any training. Also, until December 31, 2023, the training must follow two requirements: (1) include the proper use, handling, and storage of the AFFF; and (2) adhere to the best environmental and public health practices, including the containment, disposal, and decontamination of the PPE used.
Regulatory Status
Enacted
Reference
Product Category
Notification: The fire chief shall report to the Michigan Pollution Emergency Alert System immediately when a fire department uses AFFF.
Regulatory Status
Enacted
Reference
Product Category
Storage Program: A collection program is available for entities properly disposing of any firefighting foam containing PFAS substances.
Regulatory Status
Enacted
Reference
Minnesota
Product Category
Use and Discharge: No person, political subdivision, or state agency shall discharge AFFF for training purposes, subject to some exceptions, and for testing purposes, unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases to the environment.
Note: There is a proposal to revise this statute to restrict certain firefighting foams at airport hangars beginning on January 1, 2028.
Regulatory Status
Enacted and Proposed
Reference
Minn. Stat. 325F.072and SF 2480 (Proposed)
Product Category
Notification: Any person, political subdivision, or state agency that discharges AFFF must be reported to the Minnesota Fire Incident Reporting System within 24 hours of the discharge.
Regulatory Status
Enacted
Reference
Nevada
Product Category
Notification: Any person, political subdivision, local government or agency that discharges, uses, or releases foam that contains PFAS substances shall notify the Division of Environmental Protection of the State Department of Conservation and Natural Resources within 24 hours after the release.
Regulatory Status
Enacted
Reference
Product Category
Use: A person should prevent the release of firefighting foam that contains PFAS substances to the surrounding environment, and requires that a person testing the foam has ensured that the proper containment, treatment and disposal of the foam are available at the testing location.
Regulatory Status
Enacted
Reference
New Hampshire
Product Category
Use and Discharge: No person, local government, or state agency may use AFFF for training or testing purposes, but the testing may occur if the facility implements the proper containment, treatment, and disposal measures to prevent any releases to the environment. Also, a manufacturer shall not sell or distribute AFFF, subject to some exceptions.
Regulatory Status
Enacted
Reference
Product Category
Storage: After evaluating some additional information, the Department of Environmental Services will establish a take-back program for the purpose of safe and contained disposal of firefighting foams containing PFAS materials.
Regulatory Status
Enacted
Reference
Product Category
Notification: The municipality discharging the AFFF shall notify the Department of Environmental Services within 48 hours of the discharge.
Regulatory Status
Enacted
Reference
Product Category
PPE: A manufacturer or other entity that sells PPE to any person, municipality, or state agency must provide written notice to the purchaser at the time of sale if the PPE contains PFAS chemicals.
Regulatory Status
Enacted
Reference
New Jersey
Product Category
Use and Discharge: Beginning on January 8, 2026, no person shall use or discharge a firefighting foam containing PFAS substances for training or testing purposes unless the testing facility has implemented containment, treatment, and disposal measures to prevent releases to the environment.
Regulatory Status
Enacted
Reference
Product Category
Storage Program: AFFF materials (18,000 gallons) were disposed in this program in 2020.
Regulatory Status
In effect
Reference
New Mexico
Product Category
Use: Beginning on January 1, 2027, a manufacturer shall not sell, offer, or distribute, directly or indirectly or through intermediaries, firefighting foam that contains an intentionally added PFAS substance.
Regulatory Status
Enacted
Reference
New York
Product Category
Use and Discharge: No person, local government, or state agency will discharge or use AFFF for training purposes. Also, manufacturers may not manufacture, sell, or distribute AFFF, subject to some exceptions.
Regulatory Status
Enacted
Reference
Product Category
PPE: A manufacturer or other person that sells PPE to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the PPE contains PFAS substances.
Regulatory Status
Enacted
Reference
Product Category
Notification: Releases of a Hazardous Substance must be reported by an employee, agent, or representative of the person who has knowledge of the release to the Department's Spill Hotline within two (2) hours after discovery of the release. PFOS and PFOA are specifically listed as Hazardous Substances.
Regulatory Status
Enacted
Reference
PFOS and PFOA - Hazardous Substances
Product Category
Incineration: Incineration of AFFF shall be prohibited in a city with a population between 16,000 and 17,000 and in a region designated by the Department of Environmental Conservation as an environmental justice area.
Regulatory Status
Enacted
Reference
Product Category
PPE: Beginning on January 1, 2028, a manufacturer shall not manufacture, sell, or distribute any firefighting PPE that contains intentionally added chemicals or that contains PFAS chemicals at or above a regulatory level.
Regulatory Status
Enacted
Reference
Product Category
Firefighting Foam Recall: A manufacturer that produces, sells, or distributes a Class B firefighting foam that contains intentionally added PFAS shall recall the product sold or distributed.
Regulatory Status
Proposed
Reference
North Carolina
Product Category
Storage: The North Carolina Policy Collaboratory ("Collaboratory") shall create an inventory of AFFF used or stored by fire departments in North Carolina operated, managed, or overseen by units of local government.
Regulatory Status
Enacted
Reference
Product Category
Use and Discharge: No person, local government, or agency may discharge for training or practice purposes Class B firefighting foam that contains intentionally added PFAS chemicals, and a testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases into the environment.
Regulatory Status
Proposed
Reference
Ohio
Product Category
Use: No person shall use AFFF for training or testing purposes, unless the facility has implemented appropriate containment, treatment, and disposal measures to prevent releases into the environment.
Regulatory Status
Enacted
Reference
Product Category
Storage: A collection program sponsored by multiple entities is available for entities properly disposing of any firefighting foam containing PFAS substances.
Regulatory Status
In Effect
Reference
Product Category
Use: Beginning on January 1, 2027, no manufacturer shall sell the firefighting foam if that product contains an intentionally added PFAS.
Regulatory Status
Proposed
Reference
Oklahoma
Product Category
Disposal: A person or entity seeking to receive, store, treat, or dispose of more than two hundred (200) pounds of AFFF waste per day shall submit an application to the Oklahoma Department of Environmental Quality.
Note: There are AFFF transportation and passive receiver liability provisions in this bill.
Regulatory Status
Proposed
Reference
Oregon
Product Category
Use or Discharge: Beginning on July 1, 2026, a fire department, including any employee or volunteer of the fire department, may not use PFAS firefighting foam.
Regulatory Status
Enacted
Reference
Pennsylvania
Product Category
Use and Discharge: Beginning on July 1, 2026, a manufacturer may not manufacture, sell, or distribute a Class B firefighting foam containing an intentionally added PFAS chemical.
Beginning on January 1, 2027, no person, firefighting entity, or a municipality may discharge or use a Class B firefighting foam that contains an intentionally added PFAS chemical.
Regulatory Status
Proposed
Reference
Rhode Island
Product Category
Disposal: The Rhode Island Department of Environmental Management established the AFFF Take Back initiative, and is coordinating with fire departments to assist with AFFF disposal.
Regulatory Status
In effect
Reference
Program details (See pgs. 7-8)
Product Category
Use and Discharge:
- Beginning on January 1, 2025, no person, local government, or state agency may discharge Class B firefighting foam for training purposes.
- Beginning on January 1, 2025, no manufacturer may manufacture, sell, or distribute a Class B firefighting foam.
Regulatory Status
Enacted
Reference
Product Category
Notification: Beginning on January 1, 2025, any person, local government, or state agency that uses Class B firefighting foam shall report the use of the foam to the state fire marshal within five (5) business days of the use.
Regulatory Status
Enacted
Reference
Product Category
PPE: Beginning on January 1, 2025, a manufacturer of PPE to any person, local government, or state agency shall provide written notice to the purchaser at the time of sale if the PPE contains any PFAS substances.
Regulatory Status
Enacted
Reference
Vermont
Product Category
Use and Discharge: A person, municipality, or state agency must not discharge or use AFFF for training purposes. Also, beginning on January 1, 2024, a manufacturer of AFFF shall not manufacture, sell, or distribute AFFF, subject to numerous exceptions.
Regulatory Status
Enacted
Reference
Product Category
PPE: A manufacturer that sells PPE to any person, municipality, or state agency shall provide written notice to the purchaser at the time of sale if the PPE contains PFAS substances.
Regulatory Status
Enacted
Reference
Product Category
Disposal Program: The Vermont Department of Conservation and the Division of Fire Safety are working with state agencies or waste districts that assist fire departments with the disposal of AFFF.
Regulatory Status
In effect
Reference
Virginia
Product Category
Use and Discharge: No person, local government, or agency shall discharge or use AFFF for training, subject to an exception. AFFF can only be used for testing purposes if the facility has implemented appropriate containment, treatment, and disposal measures to prevent releases into the environment.
Regulatory Status
Enacted
Reference
Washington
Product Category
Use and Discharge: A person, local government, or state agency may not discharge or use AFFF for training purposes. Also, a manufacturer of AFFF may not manufacture, sell or distribute any AFFF, subject to some exceptions.
Regulatory Status
Enacted
Reference
RCW 70A.400.010 and RCW 70A.400.020
Product Category
PPE: A manufacturer that sells PPE to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the PPE contains PFAS chemicals.
Regulatory Status
Enacted
Reference
Product Category
Storage: Washington Department of Ecology ("Ecology") and local fire departments established a program where a hazardous waste service provider will collect approximately 40,000 gallons of PFAS firefighting foams from 90 fire departments across the state. Ecology anticipates that the disposal process will take six to nine months.
Regulatory Status
In Effect
Reference
Environmental Impact Statement ("EIS") Information
West Virginia
Product Category
Use and Discharge: No person or other listed entity may discharge or use AFFF, subject to some exceptions.
Regulatory Status
Enacted
Reference
W. Va. Code §29-3-5g and W. Va. Code R. § 87-14-4
Wisconsin
Product Category
Use and Discharge: No person may discharge or use AFFF, including for training or testing purposes, subject to some exceptions. The testing facility must implement appropriate containment, treatment, disposal, or storage measures to prevent releases to the environment.
Regulatory Status
Enacted
Reference
Product Category
Notification: A person who uses or discharges AFFF shall notify the Department of Natural Resources immediately or as soon as practicable without hindering fire prevention operations.
Regulatory Status
Enacted
Reference
Product Category
AFFF Alternative: Grants will fund soybean products as fire-suppression alternatives.
Regulatory Status
Proposed
Reference
No enacted statutes and/or regulations (as of the date of publication): Alabama, Delaware, Florida, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Tennessee, Utah, and Wyoming. Proposed legislation and/or regulations are identified in the above.
Impacts of Enforcement & Litigation for Business & Industry
The alleged use of AFFF has resulted in various actions around the country in recent years, particularly in relation to the alleged presence of PFAS in groundwater. By way of example:
- Numerous DOD facilities are alleged to have contributed PFAS to groundwater that migrated to adjoining properties. DOD has compiled a list of 723 DOD and National Guard sites "require[ing] an assessment of per- and polyfluoroalkyl substances (PFAS) use or potential release." The DOD's assessment, and its future plan as to the sites identified, remains in discussion. To date, the DOD issued a June 2022 report discussing certain remediation efforts as well as a July 2024 report regarding efforts to transition to non-fluorinated alternatives.
- The Illinois Attorney General brought an action against an Illinois coal mine for allegedly extinguishing a fire using AFFF that contained PFAS substances. The complaint contends, in part, that the mine operators "injected firefighting foam mixture containing PFAS" into portions of the mine, and as a result, the mine is responsible for the presence of PFAS in nearby creeks and ditches. This action was transferred in August of 2023 to the AFFF Multi-District Litigation pending in South Carolina.
Businesses purchasing property, or evaluating the impact of PFAS, should consider whether there are any nearby properties that may have historically used or stored AFFF, and consider that as a component in their due diligence and risk assessment.
Conclusion
Many states have implemented AFFF statutes and/or regulations, and BCLP expects this trend to continue into the near future as regulators and industry groups address AFFF and its past uses.
For more information on PFAS chemicals, and the regulatory and litigation risks that they pose, please visit our PFAS webpage. If you believe that you may be impacted by an AFFF regulation, or if you have a question about a regulation in a specific jurisdiction, please contact Erin Brooks, Christian Bromley, Bryan Keyt, or John Kindschuh, at Bryan Cave Leighton Paisner LLP (BCLP).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
