Chapter 70.75A RCW

FIREFIGHTING AGENTS AND EQUIPMENTTOXIC CHEMICAL USE

Sections

70.75A.005Definitions.
70.75A.010Discharge or use for training purposes of certain class B firefighting foam prohibited.
70.75A.020Manufacture, sale, or distribution of certain class B firefighting foam restrictedExceptionsRules.
70.75A.030Sale of firefighting personal protective equipment containing PFAS chemicalsWritten notice to purchaser requiredRetention.
70.75A.040Manufacturer of restricted class B firefighting foamNotification to sellersRecall of prohibited products.
70.75A.050Class B firefighting foam/firefighting personal protective equipmentCertificate of complianceDepartment duties.
70.75A.060Penalties.


70.75A.005
Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Chemical plant" has the same meaning as in WAC 296-24-33001, as that section existed as of January 1, 2018.
(2) "Class B firefighting foam" means foams designed for flammable liquid fires.
(3) "Department" means the department of ecology.
(4) "Firefighting personal protective equipment" means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.
(5) "Local governments" includes any county, city, town, fire district, regional fire protection authority, or other special purpose district that provides firefighting services.
(6) "Manufacturer" includes any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic distributor of firefighting agents or firefighting equipment. For the purposes of this subsection, "importer" means the owner of the product.
(7) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

NOTES:

Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).



70.75A.010
Discharge or use for training purposes of certain class B firefighting foam prohibited.

Beginning July 1, 2018, a person, local government, or state agency may not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals.



70.75A.020
Manufacture, sale, or distribution of certain class B firefighting foam restricted—Exceptions—Rules.

(1) Beginning July 1, 2020, a manufacturer of class B firefighting foam may not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state class B firefighting foam to which PFAS chemicals have been intentionally added.
(2) The restrictions in subsection (1) of this section do not apply to any manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS chemicals are required by federal law, including but not limited to the requirements of 14 C.F.R. 139.317, as that section existed as of January 1, 2018. In the event that applicable federal regulations change after January 1, 2018, to allow the use of alternative firefighting agents that do not contain PFAS chemicals, then the department may adopt rules that restrict PFAS chemicals for the manufacture, sale, and distribution of firefighting foam for uses that are addressed by the federal regulation.
(3) The restrictions in subsection (1) of this section do not apply to any manufacture, sale, or distribution of class B firefighting foam to a person for use at a terminal, as defined in RCW 82.23A.010, operated by the person or an oil refinery operated by the person.
(4) The restrictions in subsection (1) of this section do not apply to any manufacture, sale, or distribution of class B firefighting foam to a person for use at a chemical plant operated by the person.



70.75A.030
Sale of firefighting personal protective equipment containing PFAS chemicals—Written notice to purchaser required—Retention.

(1) Beginning July 1, 2018, a manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals. The written notice must include a statement that the firefighting personal protective equipment contains PFAS chemicals and the reason PFAS chemicals are added to the equipment.
(2) The manufacturer or person selling firefighting personal protective equipment and the purchaser of the equipment must retain the notice on file for at least three years from the date of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must furnish the notice, or written copies, and associated sales documentation to the department within sixty days.



70.75A.040
Manufacturer of restricted class B firefighting foam—Notification to sellers—Recall of prohibited products.

(1) A manufacturer of class B firefighting foam restricted under RCW 70.75A.020 must notify, in writing, persons that sell the manufacturer's products in this state about the provisions of this chapter no less than one year prior to the effective date of the restrictions.
(2) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited under RCW 70.75A.020 shall recall the product and reimburse the retailer or any other purchaser for the product.



70.75A.050
Class B firefighting foam/firefighting personal protective equipment—Certificate of compliance—Department duties.

(1) The department may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. A certificate of compliance attests that a manufacturer's product or products meets the requirements of this chapter.
(2) Beginning July 1, 2018, the department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals have been intentionally added. The department shall assist the department of enterprise services, other state agencies, fire protection districts, and other local governments to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals.



70.75A.060
Penalties.

A manufacturer of class B firefighting foam in violation of RCW 70.75A.020 or 70.75A.040 or a person in violation of RCW 70.75A.010 or 70.75A.030 is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.l05D.070.