SB-1044 Compliance: Phasing Out PFAS in Class B Firefighting Foam

Senate Bill 1044 (SB-1044) enacted Health and Safety Code Sections 13029, 13061, and 13062 to phase out the use of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in Class B firefighting foam. The Office of the State Fire Marshal (OSFM) is responsible for monitoring PFAS use at designated facilities and issuing waivers to refineries and terminals with fixed suppression systems that meet specific criteria.

Compliance Deadlines:

1. Part 139 Airports:

• Deadline: September 13, 2024
• Requirement: By this date, Part 139 airports must exclusively use fluorine-free foam (F3 foam), as the exemption expires one year after the FAA approved the use of F3 foams on September 13, 2023.

2. Non-Part 139 Facilities Except Terminals or Oil Refineries:

• Deadline: January 1, 2024
• Requirement: Non-Part 139 facilities, excluding terminals and oil refineries, must switch to fluorine-free foam (F3 foam) by this deadline.

3. Terminals or Oil Refineries:

• Deadline: January 1, 2028
• Requirement: Unless a waiver is granted by the Office of the State Fire Marshal (OSFM), terminals and oil refineries must not use PFAS-containing firefighting foam. All waivers expire on January 1, 2032.
• Disclosure: Operators must report any PFOS-containing firefighting foam to OSFM via email at pfasnotification@fire.ca.gov.
• Intent to Transition: If planning to switch to PFAS-free foam, operators must inform OSFM at least 90 days prior to the transition date via email at pfasnotification@fire.ca.gov.

Decontamination Guidance:

California Code of Regulations, Title 24, does not provide detailed Best Management Practices (BMPs) for decontamination. We recommend consulting local inspectors or contacting foam manufacturers for general guidance. Ensure that all equipment is free from PFAS residues to meet compliance standards.

Recall Requirements:

The recall requirements for Class B firefighting foam containing PFAS depend on the sales date and specific exemptions:

Foam Sold After January 1, 2021:

• All such products must be recalled by March 1, 2022. This includes reimbursing retailers or other purchasers, ensuring safe transport and storage, and documenting the amount and location of the foam until proper disposal is arranged by the California Environmental Protection Agency.

Foam Sold Under Specific Exemptions with Fixed Systems:

• The recall deadline is March 1, 2024. Similar actions are required: recall the foam, reimburse purchasers, ensure safe transport and storage, and document the foam's amount and location.

For the latest recall information, contact foam manufacturers directly for guidance on mandated recalls and removal procedures.

Manufacturer Requirements:

Manufacturers must notify purchasers of any recalls and ensure that all recalled foam is safely transported and stored. Documentation of the foam’s amount and location is required until proper disposal is arranged.

Enforcement and Penalties:

Local inspectors are responsible for ensuring compliance with these regulations.

Penalties for Non-Compliance:

• First violation: Up to $5,000
• Subsequent violations: Up to $10,000