§ 25-5-1303.5 — Restriction on use of certain firefighting foams - rules

Colorado § 25-5-1303.5

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Products Control and Safety

Text

(1)
Beginning January 1, 2024, a person that uses class B firefighting foam containing
intentionally added PFAS chemicals shall:

(a) Not allow a release of the class B firefighting foam;

(b) Fully contain the class B firefighting foam by implementing appropriate
containment measures, which may include bunds and ponds, that:

(I) Are controlled;

(II) Are impervious to PFAS chemicals; and

(III) Do not allow the class B firefighting foam or any associated firewater,
wastewater, runoff, or other waste to be released;

(c) Safely store all class B firefighting foam and any associated firewater,
wastewater, runoff, and other waste in a way that prevents their release until the
federal environmental protection agency has published guidance on the proper
disposal and destruction methods for PFAS chemicals. After the federal
environmental protection agency has published guidance on the proper disposal
and destruction methods for PFAS chemicals, the person that uses the class B
firefighting foam containing intentionally added PFAS chemicals shall dispose of
and destroy the class B firefighting foam in accordance with such guidance.

(d) If there is a release of the class B firefighting foam or any associated
firewater, wastewater, runoff, or other waste, report the following information to
the water quality spills hotline within twenty-four hours after its release:

(I) The trade name and product name of the class B firefighting foam;

(II) The quantity of class B firefighting foam used that contains intentionally
added PFAS chemicals;

(III) The amount and type of PFAS chemicals in the class B firefighting foam;
and

(IV) The amount of class B firefighting foam or any associated firewater,
wastewater, runoff, and other waste that is released; and

(e) Document any measures undertaken pursuant to the requirements of this
section. In investigating compliance with the requirements of this section, the
attorney general may request that the person provide the documentation created
pursuant to the requirements of this subsection (1)(e) to the attorney general.

(2) Beginning January 1, 2024, a person that uses class B firefighting foam
that contains intentionally added PFAS chemicals must report the use of the class
B firefighting foam to the water quality spills hotline within twenty-four hours after
its use.

(3) (a) Except as provided in subsection (3)(b) of this section, the restrictions
and requirements in subsections (1) and (2) of this section do not apply to the use of
class B firefighting foam where the inclusion of PFAS chemicals is required or
authorized by federal law, including 14 CFR 139, or implemented in accordance with
federal aviation administration guidance, or otherwise required for a military
purpose.

(b) If the executive director determines by rule that the laws, guidance, or
requirements described in subsection (3)(a) of this section no longer apply to a
particular industry or sector, the executive director shall provide notice on the
department's website of this determination and shall promulgate rules prohibiting
users of class B firefighting foam within that industry or sector from using class B
firefighting foam in violation of this section, which rules shall apply no sooner than
two years after the executive director's determination.

Legislative History

Source: L. 2022: Entire section added, (HB 22-1345), ch. 338, p. 2434, � 4, effective June 3.