Colorado laws and policies related to chemicals from firefighting foam and other sources

House Bill 19-1279 created laws on the use, storage, and distribution of firefighting foam containing these chemicals.

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The law:

• Bans the use of firefighting foam containing these chemicals for training or testing systems that suppress fire.
• Restricts the sale, manufacture, or distribution of firefighting foam containing these chemicals within the state starting Aug. 2, 2021.
• The bill includes exemptions for federal law requirements, storage or distribution of fuel, refineries, chemical plants, and the Eisenhower tunnels. 
• Requires manufacturers to notify businesses that sell firefighting foam containing these chemicals about the sale restriction.
• Requires manufacturers or sellers of personal protective equipment to inform buyers if the product contains these chemicals.
• Directs the department to do a state-wide survey every three years of fire departments’ inventory and use of firefighting foams containing these chemicals.​

Related documents

• House Bill 19-1279 fact sheet.
• HB 19-1279 January 2020 Report to the Legislature.
• Funding to provide airports with equipment to test PFAS foam systems without dispensing foam.
• HB 19-1279 January 2023 Class B firefighting foam survey responses from fire departments.

House Bill 20-1119 amended the laws created under HB19-1279 and added a Certification of Registration Program.

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The law:

• Permits any entity to use and store firefighting foams containing these chemicals as long as they have a certificate of registration.
  • The Solid and Hazardous Waste Commission must approve the certificate of registration.
• Allows the use of firefighting foam containing these chemicals for testing until January 1, 2023, for certain situations. They must follow proper capture and disposal standards. Allowable uses under the law are:
  • Structures used to store or maintain aircraft at federally designated public-use airports that meet testing requirements within the statute. 
  • Anyone who has a certificate of registration.

Certificate of Registration Program

Firefighting foams fall into two main categories, Class A and Class B. Class A foams are used to fight fires caused by wood, paper, and plants. They generally do not contain PFAS chemicals. Class B foams put out fires caused by flammable liquids like gasoline, oil, and jet fuel. They may contain PFAS chemicals.

Anyone using or storing Class B firefighting foam containing these chemicals must register through the Certificate of Registration Program. The Hazardous Waste Management Division developed this program with stakeholders. Meeting materials are available in this public folder if you are interested in reviewing them. 

• Michigan PFAS Action Response Team’s website explains how to identify if firefighting foam contains PFAS.
• Register your use or storage of Class B firefighting foam containing PFAS.
• Sign-up for email notifications to get updates about the Certificate of Registration Program.
• Update your registration information.
• Currently registered facilities. 

Senate Bill 20-218 collects fees from fuel transport. These fees go to a cash fund that the department will use to study these chemicals and protect public health.

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This cash fund will provide funds for:

• Implementing a takeback program that purchases and properly disposes of PFAS firefighting foam. 
• Sampling, assessing, and investigating these chemicals in groundwater, lakes, rivers, and other surface waters. 
• Funding water system infrastructure projects to treat these chemicals. 
• Providing emergency assistance to communities affected by the chemicals. 

Visit our PFAS Project webpage to learn more about our PFAS Takeback and Grant Program.

Reports

• 2023 PFAS Takeback and Grant Program Annual Report
• 2022 PFAS Takeback and Grant Program Annual Report
• 2021 PFAS Takeback and Grant Program Annual Report
• 2020 PFAS Takeback and Grant Program Annual Report

In July 2020, the Water Quality Control Commission adopted the department's proposed PFAS Narrative Policy (Policy 20-1).

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It can take a long time to develop a numerical standard for surface and groundwater. To better serve Coloradans, the department pursued an existing path to protect public health. Policy 20-1 describes how the department will regulate these chemicals in Colorado lakes, streams, and other waters. This includes monitoring for the chemicals and setting limits for discharge permits.

Before proposing Policy 20-1 to the commission, the Water Quality Control Division hosted three stakeholder meetings to gather feedback. The meeting materials are available in this public folder if you are interested in reviewing them.

Related documents

• Memo to the Water Quality Control Commission.
• Implementation of Policy 20-1 fact sheet.
• Narrative Policy Work Group meeting materials files. 

House Bill 22-1345 bans the sale and distribution of certain consumer products containing intentionally added PFAS, has labeling requirements for cookware containing PFAS, and has rules for anyone using firefighting foam containing PFAS.

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The law:

• Bans the sale and distribution of certain products in Colorado that contain intentionally added PFAS with a phased approach starting Jan. 1, 2024:
  • Carpets or rugs;
  • Fabric treatments;
  • Food packaging;
  • Juvenile products; 
  • Oil and gas products;
  • Cosmetics;
  • Indoor textile furnishings;
  • Indoor upholstered furniture;
  • Outdoor textile furnishings; and
  • Outdoor upholstered furniture.
• Has labeling requirements for cookware sold in the state that contains intentionally added PFAS in the product handle or any product surface that comes into contact with food or beverages.
• Requires anyone using firefighting foam containing PFAS to prohibit its release into the environment, fully contain it during use, safely store it, and report information to the water quality spills hotline within 24 hours if it is released.
   

Related documents

 

Senate Bill 24-081 bans the sale and distribution of certain consumer products containing intentionally added PFAS.

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The law:

• Has disclosure requirements for outdoor clothing used in severe wet conditions that contain intentionally added PFAS starting Jan. 1, 2025.
• Bans the sale and distribution of certain products in Colorado that contain intentionally added PFAS with a phased approach starting Jan. 1, 2026:
  • Cleaning products;
  • Cookware;
  • Dental floss;
  • Menstruation products; 
  • Ski wax;
  • Textile articles;
  • Outdoor apparel for severe wet conditions; and
  • Commercial food equipment.
• Prohibits the installation of artificial turf that contains intentionally added PFAS on any portion of property in the state starting Jan. 1, 2026.

Related documents