2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1303.5 - Restriction on use of certain firefighting foams - rules

(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.
Added by 2022 Ch. 338, § 4, eff. 6/3/2022.