Louisiana § RS 40:1615 - Class B fire fighting foam containing fluorinated organic chemicals

§ RS 40:1615. Class B fire fighting foam containing fluorinated organic chemicals

            A. As used in this Part, the following terms have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:

            (1) "Class B fire fighting foam" means any foam designed to extinguish flammable liquid fires.

            (2) "Person" means an individual, association, joint venture, partnership, corporation, limited liability company, political subdivision, municipality, or public or private organization of any character, including any agency, department, board, bureau, office, commission, district, corporation, and quasi-public corporation of the federal, state, municipal, or local government.

            (3) "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances, and designed to be fully functional in Class B fire fighting foam formulations.

            (4) "Testing" means calibration testing, conformance testing, or fixed system testing.

            B. On and after January 1, 2022, no person shall discharge or otherwise use Class B fire fighting foam that contains intentionally added PFAS chemicals unless such discharge or other use occurs in fire prevention or in response to an emergency fire fighting operation.

            C. Nothing in this Section shall be construed to do any of the following:

            (1) Restrict the manufacture, sale, or distribution of Class B fire fighting foam that contains intentionally added PFAS chemicals or restrict the discharge or other use of Class B fire fighting foam in response to an emergency fire fighting operation.

            (2) Prevent the use of nonfluorinated foams, including other Class B fire fighting foams, for the purposes of training or testing for fire fighting operations at a facility that has implemented containment, treatment, and disposal measures to prevent the uncontrolled releases of such fire fighting foam into the environment.

            Acts 2021, No. 232, §1, eff. June 11, 2021.