§ 2494r.
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/vt/title-9/chapter-63/2494rA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 2494r. Restriction on manufacture, sale, and distribution; exceptions [Effective January 1, 2026]
(a)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.
(b)A person operating a terminal 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 2023, No. 131 (Adj. Sess.), § 6, eff. January 1, 2026.)