§ 2494r. Restriction on manufacture, sale, and distribution; exceptions [Effective January
1, 2026]
(a) 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.
(b) A person operating a terminal 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 2023, No. 131 (Adj. Sess.), § 6, eff. January 1, 2026.)