The Vermont Statutes Online

Title 18: Health

Chapter 033: PFAS in Firefighting Agents and Equipment

• § 1661. Definitions

  As used in this chapter:

  (1) “Class B firefighting foam” means chemical foams designed for flammable liquid fires.

  (2) “Intentionally added” means the addition of a chemical in a product that serves an intended function in the product component.

  (3) “Manufacturer” means any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic distributor of firefighting agents or equipment. As used in this subdivision, “importer” means the owner of the product.

  (4) “Municipality” means any city, town, incorporated village, town fire district, or other political subdivision that provides firefighting services pursuant to general law or municipal charter.

  (5) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

  (6) “Personal protective equipment” means clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for use in fire and rescue activities, and includes jackets, pants, shoes, gloves, helmets, and respiratory equipment.

  (7) “Terminal” means an establishment primarily engaged in the wholesale distribution of crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid storage facilities. (Added 2021, No. 36, § 1, eff. July 1, 2022.)

• § 1662. Prohibition of certain class B firefighting foam

  A person, municipality, or State agency shall not discharge or otherwise use for training or testing purposes class B firefighting foam that contains intentionally added PFAS. (Added 2021, No. 36, § 1, eff. July 1, 2022.)

• § 1663. Restriction on manufacture, sale, and distribution; exceptions

  (a)(1) Unless otherwise required under federal law, but not later than October 1, 2023, a manufacturer of class B firefighting foam shall not manufacture, sell, offer for sale, or distribute for sale or use in this State class B firefighting foam to which PFAS have been intentionally added.

  (2) Notwithstanding subdivision (1) of this subsection, the restriction on the manufacture, sale, offer for sale, or distribution of class B firefighting foam containing intentionally added PFAS for use at a terminal shall not apply until January 1, 2024.

  (b) A person operating a terminal after January 1, 2024, and who seeks to purchase class B firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class B fires, may apply to the Department of Environmental Conservation for a temporary exemption from the restrictions on the manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. An exemption shall not exceed one year. The Department of Environmental Conservation, in consultation with the Department of Health, may grant an exemption under this subsection if the applicant provides:

  (1) clear and convincing evidence that there is not a commercially available alternative that:

  (A) does not contain intentionally added PFAS; and

  (B) is capable of suppressing a large atmospheric tank fire or emergency class B fire at the terminal;

  (2) information on the amount of class B firefighting foam containing intentionally added PFAS that is annually stored, used, or released at the terminal;

  (3) a report on the progress being made by the applicant to transition at the terminal to class B firefighting foam that does not contain intentionally added PFAS; and

  (4) an explanation of how:

  (A) all releases of class B firefighting foam containing intentionally added PFAS shall be fully contained at the terminal; and

  (B) existing containment measures prevent firewater, wastewater, runoff, and other wastes from being released into the environment, including into soil, groundwater, waterways, and stormwater.

  (c) Nothing in this section shall prohibit a terminal from providing class B firefighting foam in the form of aid to another terminal in the event of a class B fire. (Added 2021, No. 36, § 1, eff. July 1, 2022.)

• § 1664. Sale of personal protective equipment containing PFAS

  (a) A manufacturer or other person that sells firefighting equipment to any person, municipality, or State agency shall provide written notice to the purchaser at the time of sale, citing to this chapter, if the personal protective equipment contains PFAS. The written notice shall include a statement that the personal protective equipment contains PFAS and the reason PFAS are added to the equipment.

  (b) The manufacturer or person selling personal protective equipment and the purchaser of the personal protective equipment shall retain the notice for at least three years from the date of the transaction. (Added 2021, No. 36, § 1, eff. July 1, 2022.)

• § 1665. Notification; recall of prohibited products

  (a) A manufacturer of class B firefighting foam containing intentionally added PFAS shall provide written notice to persons that sell the manufacturer’s products in this State about the restrictions imposed by this chapter not less than one year prior to the effective date of the restrictions.

  (b) Unless a class B firefighting foam containing intentionally added PFAS is intended for use at a terminal, and if after January 1, 2024, the person operating a terminal holds a temporary exemption pursuant to subsection (b) of section 1663 of this title, a manufacturer that produces, sells, or distributes a class B firefighting foam containing intentionally added PFAS shall:

  (1) recall the product and reimburse the retailer or any other purchaser for the product; and

  (2) issue either a press release or notice on the manufacturer’s website describing the product recall and reimbursement requirement established in this subsection. (Added 2021, No. 36, § 1, eff. July 1, 2022.)

• § 1666. Certificate of compliance

  The Attorney General may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. Within 30 days after receipt of the Attorney General’s request for a certificate of compliance, the manufacturer shall:

  (1) provide the Attorney General with a certificate attesting that the manufacturer’s product or products comply with the requirements of this chapter; or

  (2) notify persons who are selling a product of the manufacturer’s in this State that the sale is prohibited because the product does not comply with this chapter and submit to the Attorney General a list of the names and addresses of those persons notified. (Added 2021, No. 36, § 1, eff. July 1, 2022.)

• § 1667. Penalties

  (a) A violation of this chapter shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1.

  (b) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies. (Added 2021, No. 36, § 1, eff. July 1, 2022.)

• § 1671. Repealed. 1971, No. 184 (Adj. Sess.), § 31, eff. March 29, 1972.