Illinois PFAS Reduction Act (SB0561)

The Illinois General Assembly has enacted Public Act 102-0290, also known as the PFAS Reduction Act (SB0561), to address the environmental and health risks posed by perfluoroalkyl and polyfluoroalkyl substances (PFAS) in firefighting foams. This legislation outlines stringent guidelines and penalties for the use, testing, and disposal of these chemicals, marking a significant step toward safer environmental practices in Illinois.

Key Definitions in the Act

To understand the PFAS Reduction Act, it's crucial to familiarize yourself with several key definitions outlined in the legislation:

Agency: Refers to the Illinois Environmental Protection Agency. Class B Firefighting Foam: Foam designed to extinguish flammable liquid fires or prevent the ignition of flammable liquids. Fire Department: Includes authorized fire protection organizations of local government units, Regional Fire Protection Agencies, fire protection districts, and volunteer fire departments. Manufacturer: Any person or entity that manufactures Class B firefighting foam, including importers, distributors, and authorized servicers.

Purpose of the Illinois' PFAS Reduction Act

The primary goal of the PFAS Reduction Act is to mitigate the environmental and health impacts of PFAS.

Restrictions on PFAS Use in Illinois

Effective January 1, 2022, the Act prohibits the use of Class B firefighting foam containing intentionally added PFAS for training or testing purposes, except under specific conditions. These conditions include evaluating the testing facility for containment, treatment, and disposal measures to prevent uncontrolled release into the environment. The Act also mandates training for employees on potential hazards and proper disposal plans.

Manufacturing and Sale Prohibitions of PFAS in Illinois

Starting January 1, 2025, manufacturers are prohibited from knowingly manufacturing, selling, or distributing Class B firefighting foam containing intentionally added PFAS in Illinois. However, operators of refineries, chemical plants, storage facilities, and other related entities may extend the compliance date to January 1, 2027, by notifying the Office of the State Fire Marshal if additional time is needed.

Exemptions and Emergency Use of PFAS in Illinois

Certain exemptions apply to the prohibitions outlined in the Act. These include instances where federal law or local fire codes require the use of PFAS-containing foams, such as in aviation guidance and military applications. Additionally, fire departments are permitted to use PFAS-containing foams during emergency situations.

Notification Requirements of PFAS in Illinois

Manufacturers must notify fire departments prior to the purchase of Class B firefighting foam containing PFAS, clearly indicating the product's potential hazards, regulatory restrictions, and available alternatives. This ensures that fire departments are well-informed about the products they are using.

Illinois PFAS Reporting Obligations

Starting January 1, 2022, any person, unit of local government, fire department, or State agency that discharges or releases Class B firefighting foam containing intentionally added PFAS chemicals must notify the Illinois Emergency Management Agency (IEMA) within 48 hours of the discharge or release.

The notification must include:

• Time, Date, and Location: The exact time, date, and location of the discharge or release. Estimated Amount: The estimated amount of Class B firefighting foam discharged or released into the environment.
• Purpose or Reason: The reason for the discharge or release into the environment. Containment, Treatment, and Disposal Measures: The measures taken or to be taken to prevent or minimize the discharge or release into the environment.
• Identification Information: The name of the person, unit of local government, fire department, or State agency responsible, along with the local incident number and the Fire Department Identification (FDID) number, if applicable.

The Illinois Emergency Management Agency must report these notifications annually to the Office of the State Fire Marshal to ensure compliance and facilitate monitoring.

Proper Disposal of PFAS Foams in Illinois

Proper disposal of Class B firefighting foam containing PFAS is critical to prevent environmental contamination. The Act explicitly prohibits flushing, draining, or discharging the foam into waterways, storm drains, or sanitary sewers. Instead, it mandates proper disposal methods within 90 days of the foam's expiration date, as provided by the manufacturer.

Civil Penalties for Non-Compliance in Illinois

Manufacturers who violate the PFAS Reduction Act face civil penalties, with fines up to $5,000 for the first violation and up to $10,000 for subsequent violations. Collected penalties are deposited into the Environmental Protection Trust Fund to support environmental protection efforts.

For more information on the Illinois PFAS Reduction Act Reporting and Recordkeeping under TSCA Section 8(a) 7 Download the eBook.