Discharge and Use

No person, local government, or state agency will discharge or use AFFF for training purposes.  Also, beginning two years after the effective date, manufacturers may not manufacture, sell, or distribute AFFF, subject to some exceptions. 

Personal Protective Equipment - PPE

A manufacturer or other person that sells PPE to any person, local government, or state agency must provide written notice to the purchaser at the time of sale if the PPE contains PFAS substances. 

Notification

Releases must be reported by an employee, agent, or representative of the person who has knowledge of the release of a hazardous substance to the Department’s Spill Hotline within two hours after discovery of the release.  PFOS and PFOA are specifically listed as hazardous substances.

No Incineration

Incineration of AFFF shall be prohibited in a city with a population between 16,000 and 17,000 and in a region designated by the Department of Environmental Conservation as an environmental justice area.

Regulatory Status

Use and PPE Enacted SB 439A

Proposed Reporting and Disposal

Legislative Reference

NY SB S439A https://www.nysenate.gov/legislation/bills/2019/S439

NYCCR Part 597 https://www.dec.ny.gov/docs/remediation_hudson_pdf/part597text.pdf

A09952 https://nyassembly.gov/leg/?default_fld=%0D%0A&leg_video=&bn=A09952&term=2019&Summary=Y&Actions=Y&Memo=Y&Text=Y