A new Connecticut state law banning the use of Class B firefighting foam containing perfluoroalkyl or polyfluoroalkyl substances takes effect Oct. 1, 2021.

Also known as AFFF, firefighting foam that contains PFAS is no longer permitted for use in training activities, effective immediately.

Public Act 21-191, which Gov. Ned Lamont signed after lawmakers approved it during the 2021 legislative session, also phases out the use of PFAS in food packaging by 2023.

The law includes three exemptions for extensions: 

  • For any airport-related entity with a facility that utilizes a fire suppression system containing class B firefighting foam that contains an intentionally added PFAS, will create a mitigation plan to prevent releases of the foam into the environment. By Oct. 1, 2023, any such system shall be removed or repurposed to remove such firefighting foam.
  • Any person required by federal law to use a class B firefighting foam that contains an intentionally added PFAS in any amount shall use such foam upon the earlier of a change in federal law prohibiting the use of such foam, or one year after a change in federal law to no longer require the use of such foam.
  • Any person who operates a chemical plant, oil refinery, or terminal, storage, or distribution facility for flammable liquids may request an extension for compliance with the requirements.  

Any request shall specify why the extension is necessary and what containment, treatment, and disposal measures will be employed to prevent releases of such class B firefighting foam into the environment until compliance with the law can be achieved.

Any extension that is granted by the commissioner of the state Department of Energy and Environmental Protection will be limited to two years.  

Any entity looking to file for an extension, additional information, and alternative(s) to fluorinated foam can do so through DEEP’s PFAS website.  

Additional questions can be sent to DEEP's Dave Keating (860.729.4945).

For more information, contact CBIA's Ashley Zane (860.244.1169) | @AshleyZane9