Section 2494r - [Effective 1/1/2026] Restriction on manufacture, sale, and distribution; exceptions(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 by 2024, No. 131,§ 6, eff. 1/1/2026.