{"data":{"id":"us-vt/18-v.s.a.-1663","jurisdiction":"us-vt","citation":"18 V.S.A. § 1663","heading":"Restriction on manufacture, sale, and distribution; exceptions [Repealed effective January 1, 2026]","body":"(a)(1) Unless otherwise required under federal law, but not later than October 1, 2023, a manufacturer of class B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.\n(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.\n(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:\n(1) clear and convincing evidence that there is not a commercially available alternative that:\n(A) does not contain intentionally added PFAS; and\n(B) is capable of suppressing a large atmospheric tank fire or emergency class B fire at the terminal;\n(2) information on the amount of class B firefighting foam containing intentionally added PFAS that is annually stored, used, or released at the terminal;\n(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\n(4) an explanation of how:\n(A) all releases of class B firefighting foam containing intentionally added PFAS shall be fully contained at the terminal; and\n(B) existing containment measures prevent firewater, wastewater, runoff, and other wastes from being released into the environment, including into soil, groundwater, waterways, and stormwater.\n(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.","path":["Title 18: Health","Chapter 033: PFAS in Firefighting Agents and Equipment"],"source_url":"https://legislature.vermont.gov/statutes/section/18/033/01663","current_through":"2025 session","vintage":"","retrieved_at":"2026-09-05T17:17:02Z","sha256":"c41e16eb0f64c92416a172b6159e521485a6e7d3c63111bc07b8cadda0664186","source_id":"us-vt","stale":false,"prev":"us-vt/18-v.s.a.-1662--2","next":"us-vt/18-v.s.a.-1663--2"},"notice":"GroundRules: Original legal text. Not legal advice."}