§ 1663.
430 words·~2 min read·
/vt/title-18/chapter-33/1663A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 1663. Restriction on manufacture, sale, and distribution; exceptions [Repealed effective January 1, 2026]
(a)(1) Unless otherwise required under federal law, but not later than October 1, 2023, a manufacturer of class B firefighting foam shall not manufacture, sell, offer for sale, or distribute for sale or use in this State class B firefighting foam to which PFAS have been intentionally added.
(2)Notwithstanding subdivision
(1)of this subsection, the restriction on the manufacture, sale, offer for sale, or distribution of class B firefighting foam containing intentionally added PFAS for use at a terminal shall not apply until January 1, 2024.
(b)A person operating a terminal after January 1, 2024, and who seeks to purchase class B firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class B fires, may apply to the Department of Environmental Conservation for a temporary exemption from the restrictions on the manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. An exemption shall not exceed one year. The Department of Environmental Conservation, in consultation with the Department of Health, may grant an exemption under this subsection if the applicant provides:
(1)clear and convincing evidence that there is not a commercially available alternative that:
(A)does not contain intentionally added PFAS; and
(B)is capable of suppressing a large atmospheric tank fire or emergency class B fire at the terminal;
(2)information on the amount of class B firefighting foam containing intentionally added PFAS that is annually stored, used, or released at the terminal;
(3)a report on the progress being made by the applicant to transition at the terminal to class B firefighting foam that does not contain intentionally added PFAS; and
(4)an explanation of how:
(A)all releases of class B firefighting foam containing intentionally added PFAS shall be fully contained at the terminal; and
(B)existing containment measures prevent firewater, wastewater, runoff, and other wastes from being released into the environment, including into soil, groundwater, waterways, and stormwater.
(c)Nothing in this section shall prohibit a terminal from providing class B firefighting foam in the form of aid to another terminal in the event of a class B fire. (Added 2021, No. 36, § 1, eff. July 1, 2022; repealed by 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.)
§ 1663. Repealed. 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.
(Added 2021, No. 36, § 1, eff. July 1, 2022; repealed by 2023, No. 131 (Adj. Sess.), § 10, eff. January 1, 2026.)