Substitute Senate Bill No. 837
Public Act No. 21-191
AN ACT CONCERNING THE USE OF PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES IN CLASS B FIREFIGHTING
FOAM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) As used in this section:
(1) "Perfluoroalkyl or polyfluoroalkyl substance" means a class of
fluorinated organic chemicals containing at least one fully fluorinated
carbon atom;
(2) "Class B firefighting foam" means a foam used for the purpose of
extinguishing flammable liquid fires; and
(3) "Testing" includes calibration testing, conformance testing and
fixed system testing as required by state or municipal law or policy.
(b) (1) On and after the effective date of this section, no person, local
government or state agency shall use a class B firefighting foam that
contains an intentionally added perfluoroalkyl or polyfluoroalkyl
substance in any amount for training or testing purposes.
(2) Except as provided in subdivisions (3) to (5), inclusive, of this
subsection, on and after October 1, 2021, no person shall use a class B Substitute Senate Bill No. 837
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firefighting foam that contains an intentionally added perfluoroalkyl or
polyfluoroalkyl substance for any vapor suppression or firefighting
purpose unless such fire is a flammable liquid-based fire and the
Commissioner of Energy and Environmental Protection fails to identify
an alternative to such use on or before July 1, 2021.
(3) For any airport-related entity with a facility that utilizes a fire
suppression system containing class B firefighting foam that contains an
intentionally added perfluoroalkyl or polyfluoroalkyl substance, on or
before the effective date of this section, mitigation measures shall be
employed to prevent releases of such foam into the environment,
including the implementation of plans and physical features that are
designed to prevent releases of such foam into the environment through
the use of containment, treatment, and disposal of such foam, even
when such foam is deployed in its intended manner. Not later than
October 1, 2023, any such system shall be removed or repurposed to
remove such firefighting foam.
(4) No person required by federal law to use a class B firefighting
foam that contains an intentionally added perfluoroalkyl or
polyfluoroalkyl substance in any amount shall use such foam upon the
earlier of the following: (A) A change in federal law prohibiting the use
of such foam, or (B) one year after a change in federal law to no longer
require the use of such foam.
(5) Any person who operates a chemical plant, oil refinery, or
terminal, storage or distribution facility for flammable liquids may
request an extension of time for compliance with the requirements of
subdivision (2) of this subsection by applying to the Commissioner of
Energy and Environmental Protection for such an extension. Any such
request shall specify why such extension is necessary and what
containment, treatment, and disposal measures will be employed to
prevent releases of such class B firefighting foam that contains an
intentionally added perfluoroalkyl or polyfluoroalkyl substance into the Substitute Senate Bill No. 837
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environment until compliance with subdivision (2) of this subsection
can be achieved. The Commissioner of Energy and Environmental
Protection may grant such an extension if the commissioner determines
that such extension is necessary to remove or repurpose a fire
suppression system containing such foam. Any such extension that is
granted by the commissioner pursuant to this subdivision shall be
limited to not longer than two years.
(c) Not later than October 1, 2021, the Commissioner of Energy and
Environmental Protection shall develop or identify a take-back program
for municipally owned class B firefighting foam containing
perfluoroalkyl and polyfluoroalkyl substances that results in the
application of best management practices for the disposal of such
substances.
(d) The provisions of this section may be enforced, within available
appropriations, by the Commissioner of Energy and Environmental
Protection.
Sec. 2. Section 22a-255h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
As used in sections 22a-255g to 22a-255m, inclusive:
(1) "Package" means any container, produced either domestically or
in a foreign country, used for the marketing, protecting or handling of a
product and includes a unit package, an intermediate package and a
shipping container, as defined in the American Society of Testing and
Materials specification D966. "Package" also means any unsealed
receptacle such as a carrying case, crate, cup, pail, rigid foil or other tray,
wrapper or wrapping film, bag or tub.
(2) "Distributor" means any person who takes title or delivery from
the manufacturer of a package, packaging component or product,
produced either domestically or in a foreign country, to use for Substitute Senate Bill No. 837
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promotional purposes or to sell.
(3) "Packaging component" means any part of a package, produced
either domestically or in a foreign country, including, but not limited to,
any interior or exterior blocking, bracing, cushioning, weatherproofing,
exterior strapping, coating, closure, ink, label, dye, pigment, adhesive,
stabilizer or other additive. Tin-plated steel that meets specification
A623 of the American Society of Testing and Materials shall be
considered as a single packaging component. Electro-galvanized coated
steel and hot dipped coated galvanized steel that meets the American
Society of Testing and Materials specifications A653, A924, A879 and
A591 shall be treated in the same manner as tin-plated steel.
(4) "Commissioner" means the Commissioner of Energy and
Environmental Protection or an authorized agent or designee of the
commissioner.
(5) "Department" means the Department of Energy and
Environmental Protection.
(6) "Intermediate package" means a wrap, box, or bundle which
contains two or more unit packages of identical items.
(7) "Unit package" means the first tie, wrap, or container applied to a
single item, a quantity of the same item, a set, or an item with all its
component parts, which constitutes a complete and identifiable package
containing the unit of issue of a product for ultimate use.
(8) "Shipping container" means a container which is sufficiently
strong to be used in commerce for packing, storing and shipping
commodities.
(9) "Container" means a receptacle capable of closure.
(10) "Intentionally introduced" means deliberately utilized regulated Substitute Senate Bill No. 837
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metal or PFAS in the formulation of a package or packaging component
where the continued presence of such metal or PFAS is desired in the
final package or packaging component to provide a specific
characteristic, appearance or quality. The use of a regulated metal as a
processing agent or intermediate to impart certain chemical or physical
changes during manufacturing where the incidental retention of a
residue of said metal in the final package or packaging component is
neither desired nor deliberate shall not be considered intentional
introduction for the purposes of this section where such package or
component is in compliance with subsection (c) of section 22a-255i, as
amended by this act. The use of post-consumer recycled materials as
feedstock for the manufacture of new packaging materials where some
portion of the recycled materials may contain amounts of the regulated
metals or PFAS shall not be considered intentional introduction for the
purposes of this section provided the new package or packaging
component is in compliance with subsection (c) or (e) of section 22a-255i,
as amended by this act, as applicable.
(11) "Distribution" means the process for transferring a package or
packaging component for promotional purposes or resale. Persons
involved solely in delivering a package or packaging component on
behalf of third parties shall not be considered distributors.
(12) "Manufacturer" means any person producing a package or
packaging component as defined in subdivision (3) of this section.
(13) "Manufacturing" means the physical or chemical modification of
a material to produce packaging or packaging components.
[(14) "Supplier" means any person, firm, association, partnership or
corporation which sells, offers for sale or offers for promotional
purposes packages or packaging components which will be used by any
other person to package a product.] Substitute Senate Bill No. 837
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(14) "Incidental presence" means the presence of a regulated metal as
an unintended or undesired ingredient of a package or packaging
component.
(15) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS"
means all members of the class of fluorinated organic chemicals
containing at least one fully fluorinated carbon atom.
(16) "Post-consumer recycled material" means a material generated
by households or by commercial, industrial and institutional facilities as
end-users of the product which can no longer be used for its intended
purpose, including returns of material from the distribution chain.
"Post-consumer recycled material" does not include refuse-derived fuel
or other material that is destroyed by incineration.
(17) "Food packaging" means any package or packaging component
that is applied to or in direct contact with any food or beverage.
Sec. 3. Section 22a-255i of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) As soon as feasible, but not later than October 1, 1992, no package
or packaging component shall be offered for sale or promotional
purposes in this state, by its manufacturer or distributor, if it is
composed of any lead, cadmium, mercury or hexavalent chromium
which has been intentionally introduced during manufacturing or
distribution, as opposed to the incidental presence of any of these
substances.
(b) As soon as feasible, but not later than October 1, 1992, no product
shall be offered for sale or promotional purposes, in this state by its
manufacturer or distributor, in a package which is composed of any
lead, cadmium, mercury or hexavalent chromium which has been
intentionally introduced during manufacturing or distribution, as
opposed to the incidental presence of any of these substances. Substitute Senate Bill No. 837
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(c) No package or packaging component shall be offered for sale or
promotional purposes in this state by its manufacturer or distributor if
the sum of the incidental concentration levels of lead, cadmium,
mercury and hexavalent chromium present in such package or
packaging component exceeds the following: Six hundred parts per
million by weight, effective October 1, 1992; two hundred fifty parts per
million, effective October 1, 1993; and one hundred parts per million by
weight, effective October 1, 1994.
(d) Concentration levels of lead, cadmium, mercury, and hexavalent
chromium shall be determined using the United States Environmental
Protection Agency Tests Methods for Evaluating Solid Waste, SW-846,
as revised.
(e) As soon as feasible, but not later than December 31, 2023, no food
package to which PFAS has been intentionally introduced during
manufacturing or distribution in any amount shall be offered for sale or
for promotional purposes in this state by its manufacturer or distributor.
(f) No material used to replace a chemical regulated by sections 22a-
255g to 22a-255m, inclusive, in a package or packaging component may
be used in a quantity or manner that creates a hazard as great as, or
greater than, the hazard created by the chemical regulated by sections
22a-255g to 22a-255m, inclusive.
Sec. 4. Section 22a-255k of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
[No manufacturer or distributor of a product shall be deemed to have
violated any provision of sections 22a-255g to 22a-255m, inclusive, if
such manufacturer or distributor can show that, in the purchase of a
package or packaging component, he relied in good faith on the written
assurance of the manufacturer of such packaging or packaging
component that such packaging or packaging component met the Substitute Senate Bill No. 837
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requirements of section 22a-255i. Such written assurance shall take the
form of a certificate of compliance stating that a package or packaging
component is in compliance with the requirements of sections 22a-255g
to 22a-255m, inclusive, provided if compliance is achieved pursuant to
an exemption provided in section 22a-255j, the certificate shall state the
specific basis upon which the exemption is claimed. The certificate of
compliance shall be signed by an authorized official of the manufacturer
or distributor. A manufacturer or distributor of a package or packaging
component shall furnish a copy of the certificate of compliance to the
commissioner upon his request.]
(a) Upon request, a certificate of compliance stating that a package or
packaging component is in compliance with the requirements of
sections 22a-255g to 22a-255m, inclusive, shall be furnished by its
manufacturer or distributor to the purchaser of the packaging or
packaging component or the Commissioner of Energy and
Environmental Protection, as applicable. In the event that an exemption
is claimed pursuant to section 22a-255j, such certificate of compliance
shall state the specific basis upon which the exemption is claimed. Any
such certificate of compliance shall be signed by an authorized official
of the manufacturing or distributor. A copy of the certificate of
compliance shall be kept on file by the manufacturer or distributor of
the package or packaging component provided any manufacturer or
distributor may make the certificate of compliance available on such
manufacturer's or distributor's Internet web site or through an
authorized representative of such manufacturer or distributor,
including, but not limited to, a packaging clearinghouse. Any request
made pursuant to this subsection for any certificate of compliance from
the manufacturer or distributor of a package or packaging component
shall be: (1) Made in writing, (2) made specific as to the package or
packaging component information requested, and (3) responded to by
the manufacturer or distributor not later than sixty days after receipt of
such request. Substitute Senate Bill No. 837
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(b) If the manufacturer or distributor of the package or packaging
component reformulates or creates a new package or packaging
component, the manufacturer or distributor shall amend the applicable
certificate of compliance for the reformulated or new package or
packaging component.
(c) If the commissioner has grounds to suspect that a package is
offered for sale in violation of this chapter, the commissioner may
request that the manufacturer or distributor of the package provide a
certificate of compliance with the applicable provisions of this chapter.
Not later than thirty days after receipt of a request under this subsection,
the manufacturer or distributor shall: (1) Provide the commissioner with
the certificate attesting that the package complies with the provisions of
this chapter, or (2) notify persons who sell the package in this state that
the sale of the package is prohibited and provide the commissioner with
a copy of the notice and a list of the names and addresses of those
persons notified pursuant to this section.