16 Del. C. § 6603E: Bulk petroleum facilities; exemption.

(a) A person operating a bulk petroleum facility after January 1, 2028, and who seeks to purchase, store, distribute and utilize class B firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class B fires, may apply to the Department for a 5-year exemption from the restrictions on the purchase, storage, use, and distribution of class B firefighting foam under § 6602E of this title. At the end of the exemption period, a person operating a bulk petroleum facility may request an extension of the exemption for an additional 2 years. The total exemption period under this section may not exceed 13 years.

(b) The Department, in consultation with the Department of Health and Social Services, may grant an exemption and an exemption extension under subsection (a) of this section, if the applicant provides:

(1) Clear and convincing evidence that there is no compliant, commercially available alternative firefighting foam that is capable of suppressing a large atmospheric tank fire or emergency class B fire at the bulk petroleum facility.

(2) Information on the amount of class B firefighting foam containing intentionally added PFAS that is annually stored, used, or released at the bulk petroleum facility.

(3) A report on the progress being made by the applicant to transition to class B firefighting foam that does not contain intentionally added PFAS.

(4) An explanation of how:

a. All releases of class B firefighting foam containing intentionally added PFAS shall be fully contained at the bulk petroleum facility.

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 prohibits a bulk petroleum facility from providing class B firefighting foam containing intentionally added PFAS in the form of aid to another bulk petroleum facility, or while providing mutual aid in the event of a class B fire. A bulk petroleum facility providing aid under this subsection may not be liable for fines or penalties associated with the release or containment measures arising from the provision of the class B firefighting foam containing intentionally added PFAS.

(d) A person that uses class B firefighting foam containing PFAS chemicals in accordance with this section shall report the use of the foam to the Department within 5 business days of the use, including the identity of the foam, the quantity used, the application for which the foam was used, and the duration of the event.

(e) A person at a bulk petroleum facility providing aid in accordance with this section, must report the use of the foam to the Department within 24 hours after the event for which the foam was used, including the identity of the foam, the quantity used, the application for which the foam was used, and the duration of the event.