(415 ILCS 170/10)

Sec. 10. Class B firefighting foam; PFAS.

(a) Beginning January 1, 2022, a person, local government, fire department, or State agency may not use for training or testing purposes a Class B firefighting foam containing intentionally added PFAS. However, the testing of Class B firefighting foam to which PFAS has been intentionally added may occur if the person, local government, fire department, or State agency has performed all of the following:

(1) Evaluate the testing facility for containment, treatment, and disposal measures to prevent uncontrolled release of Class B firefighting foam to the environment. Appropriate containment, treatment, and disposal or storage measures may not include flushing, draining, or otherwise discharging the foam into a storm drain or sanitary sewer.

(2) Comply with the notification requirements provided in Section 15.

(3) Provide training to employees of the possible hazards, protective actions, and a disposal plan.

(b) On and after January 1, 2025, a manufacturer of Class B firefighting foam may not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a Class B firefighting foam containing intentionally added PFAS. Any person who operates a refinery or chemical or ethanol plant, a storage and distribution facility, or a tank farm or terminal for flammable liquids, or who has a fixed foam system in use at a manufacturing facility or warehouse, may extend the date of compliance under this subsection to January 1, 2027 if, prior to January 1, 2025, the person determines that additional time for compliance is needed and sends notice of the determination to the Office of the State Fire Marshal.

(c) The prohibitions of this Section do not apply to the manufacture, sale, or distribution of Class B firefighting foam where the inclusion of PFAS chemicals is required or authorized under federal law or local building or fire codes, including, but not limited to, 14 CFR 139.317, federal aviation administration guidance, and the 2016 edition of NFPA 409 Standard on Aircraft Hangars as amended, or otherwise required for a military purpose. However, if applicable federal law allows the use of alternative firefighting agents that do not contain PFAS chemicals, the restrictions under this Section shall apply.

(d) The prohibitions of this Section do not apply to the use of Class B firefighting foam containing PFAS chemicals by a fire department while responding to an emergency situation.

(e) On and after January 1, 2022, a manufacturer of Class B firefighting foam must provide notification to the fire department prior to the fire department's purchase of Class B firefighting foam containing PFAS clearly indicating:

(1) that the product contains PFAS that may be hazardous to health or the environment;

(2) the use of the product is regulated and restricted under this Act; and

(3) other Class B firefighting foam options may be available for purchase.

(Source: P.A. 102-290, eff. 8-6-21.)