Discharge and Use

Beginning on January 1, 2020, no person, local government, or state agency may use AFFF for training or testing purposes, but the testing may occur if there are containment, treatment, and disposal measures to prevent any releases of AFFF to the environment.  Also, beginning on January 1, 2020, a manufacturer shall not sell or distribute AFFF, subject to some exceptions.

Take-Back Provision

After evaluating some additional information, beginning on July 1, 2021, the Department of Environmental Services will establish a take-back program for the purpose of safe and contained disposal of firefighting foams containing PFAS materials.

Notification

The municipality discharging the AFFF shall notify the Department of Environmental Services within 48 hours of the discharge.

Personal Protective Equipment - PPE

Beginning on January 1, 2020, a manufacturer or other entity that sells PPE to any person, municipality, or state agency must provide written notice to the purchaser at the time of sale if the PPE contains PFAS chemicals.

Regulation Status

Enacted

Legislative Reference

NH Revised Statute 154:8-b https://casetext.com/statute/new-hampshire-revised-statutes/title-12-public-safety-and-welfare/chapter-154-firewards-firefighters-and-fire-hazards/firewards-fire-chiefs-and-fire-departments-organization-powers-and-duties/section-1548-b-certain-chemicals-prohibited-in-firefighting-foam

NH Revised Statute 154:8-c https://casetext.com/statute/new-hampshire-revised-statutes/title-12-public-safety-and-welfare/chapter-154-firewards-firefighters-and-fire-hazards/firewards-fire-chiefs-and-fire-departments-organization-powers-and-duties/section-1548-c-firefighting-personal-protective-equipment